AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 7th DAY OF MARCH, TWO THOUSAND AND ELEVEN AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

Present	Present	Absent
Roger A Welch, Chairman S. Bryant Lee, Vice Chairman Ronald L. Frazier I. Christopher Parrish Michael J. Biniek	John McCarthy, Co. Adm. Peter H. Luke, Co. Attorney Margaret R. Ralph, Clerk

Chairman Welch called the meeting to order.

The Board and audience observed a moment of silence in remembrance of Col. Ernest P. "Pete" Luke who passed away earlier this month. Col. Luke was a trusted member of the Board of Supervisors for ten years and served as Board Chairman from 1974 until 1982.

MINUTES: On motion of Mr. Lee, seconded by Mr. Frazier, the Board unanimously approved the minutes, as presented, of the February 7, 2011 Board meeting.

REVISED AGENDA: Revisions to the agenda are as follows:

1. Old Business – update on a former agenda item

2. An appropriation request

3. Corrections of date for the joint School Board and Board of Supervisor's meeting from

Tuesday, March 15 to Wednesday, March 16.

On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to approve the revised agenda.

ABOUT OUR SCHOOLS: Mr. Welch introduced Dr. Boone.

Dr. Boone provided a draft copy of the 2-year School Calendar, which will be presented to the School Board at its next meeting. Dr. Boone is recommending an earlier start date for the school year in order to facilitate the end of the first semester before the holiday break and a change to the date of spring break to earlier in the school year.

He also gave a copy of the most recent school newsletter to the Board.

Mr. Parrish commended the Superintendent on the new 2-year calendar. He asked also about the cell tower lease at the high school and what it might be worth monetarily to the school as far as expenditures are concerned. Dr. Boone said this was not investigated, but that he would be glad to get some numbers together before the public hearing tonight. However, besides a monetary benefit, there will be increased bandwidth capability and cable possibilities.

In relation to the early start of the next school year, Mr. McCarthy spoke on the effect this earlier date might have on the asbestos abatement and other repairs at the schools. All repairs will be carefully monitored so as not to negatively impact on the return of the students. Contractors will be made aware of school starting dates so that all the asbestos abatement will be completed before the beginning of school and that electrical and lighting repairs that are not complete will be finished during the course of the school year.

FY2010 AUDIT PRESENTATION: Wes Clark, Robinson, Farmer, Cox Associates, was at the meeting to give a brief synopsis of the firm's findings for the FY09/10 audit. He briefly explained the "clean" audit opinion, the balance sheet, the increased fund balance, the decrease in the sum of the long-term debt, the comparison of the Budget to the Actual expenditures, a "finding" concerning work-release funds that has now been corrected, compliance with federal programs and schedule of prior year's findings that are used as a reference. He complemented all offices for a "good" job this year.

Mr. Parrish asked about an item on Page 55 of the report that showed that local taxed decreased by $400,000.00. Mr. Clark explained that these taxes had been reclassified by the state Auditor of Public Accounts and have not actually decreased.

Mr. Lee asked if there were any questionable situations discovered. Mr. Clark said all items are clean.

A copy of the Audit Report can be found with the minutes and files of this meeting.

PUBLIC COMMENT: Chairman Welch opened the Meeting to Public Comment.

Phil Irwin, Flint Hill, spoke on the cell tower approval. He suggested that the Board ask for additional documentation that will encourage the completion of the coverage for Rappahannock County by ATT or any other company. He added that this is a job that is only half done.

Art Candenquist, Jackson District, gave a brief recap of the meeting of the Rappahannock Sesquicentennial Committee. Bryan Taylor is the Chairman and Mr. Candenquist is the Secretary/Treasurer. The committee is in need of funds and is actively pursuing sponsors for several planned activities. One program will be readings from "Gods and Generals" by the actors involved with the production. Hopefully the School Drama class will be able to participate in this. This will be on May 7, 2011.

Another activity planned for the July 4^th Celebration will be the sale of DVDs of the director's cut of the "Gods and Generals" and "Gettysburg" movies, directed by local resident Ron Maxwell.

In 2012 there will be Heritage Days remembering the activities in Rappahannock County in 1862 during which time the population rose to 65,000—60,000 of which were soldiers.

He also introduced Angela Deavers, a member of the committee.

Robert Weinberg, Stonewall-Hawthorne District, spoke on the Redistricting issue. He urged the Board to submit a statement to the Governor's bi-partisan committee on redistricting requesting that Rappahannock County legislative seat be part of the Rapidan-Rappahannock Regional District and not with the area on the other side of the mountain, as we have been for the last 10 years.

There were no further comments and Mr. Welch declared the Public Comment closed.

Chairman Welch asked for Board comments. Mr. Frazier expressed the Board's appreciation to Mr. Candenquist for his work on the Sesquicentennial, with which the Board agreed.

OLD BUSINESS:

Emergency Operations Plan Update: Mr. McCarthy reported that the committee has not met and therefore there is nothing new to bring to the Board this month. This will be put on the May agenda.

Use Value Taxation Amendments & Resolution: With the rejection of the open space category addition to the County Ordinance, the Board requested that Mr. Luke, the County Attorney, prepare a series of amendments to the existing Ordinance. Mr. Luke has completed this task and brought the County Ordinance in compliance with State code. This ordinance specifically does not adopt an open space category. The changes to the ordinance were mostly technical updates with no substantive changes. Mr. Luke is requesting that the Board advertise this change for public hearing.

On motion of Mr. Parrish seconded by Mr. Frazier, the Board voted unanimously to advertise the changes to the County Ordinance for Public Hearing at the April meeting.

A roll call vote was recorded as follows:

Mr. Frazier Aye

Mr. Lee Aye

Mr. Biniek Aye

Mr. Parrish Aye

Mr. Welch Aye

Confederate Money Update: Mr. Luke reported that he spoke to an expert on the Confederate money found in the Clerk's Lockbox. The money, which was found in three packets, is estimated to be worth about $2,000.00. Two of the packets are clearly County property, but the third is part of lawsuit styled Fletcher vs. Whitscarver and it's technically not the county's money even though there has been no activity in the matter since 1875.

Mr. Luke suggested that one of the county-owned packets be framed, and with a brief history attached, displayed in the Clerk's Office. The second packet could be similarly framed and loaned to the Historical Society and displayed in its building. The third packet could also be framed and housed in the Clerk's Office.

Since the discussion at last month's meeting there has been a lot of interest in the money. With the coming of the Sesquicentennial Celebration, it would be a perfect time to complete this project. On motion of Mr. Parrish, seconded by Mr. Lee, the Board voted unanimously to direct Mr. McCarthy, Mr. Luke and Ms. Ralph to meet and decide what will be the best manner to display the Confederate Money. It was also suggested that the schools, the Library, and the Visitors center be considered for some type of display. Mr. Lee suggested that whatever is displayed be secure.

Redistricting Process: Patrick Mauney of the Rappahannock Rapidan Regional Commission spoke to the Board on the redistricting of the county's internal boundaries (Magisterial Districts) for the purposes of equalizing the voting precincts within 5% of the average population for each district.

The commission has purchased the software to accomplish these adjustments and Rappahannock, Orange, Madison, Culpeper and the town of Warrenton have contracted with the commission to provide this service for them. Mr. Mauney briefly explained about how the system will work. Mr. Lee asked if different scenarios would be presented. Mr. McCarthy suggested that Mr. Mauney develop 2 or 3 options for the Board's consideration. At this point the Board would be able to view the options and change boundaries as needed. The work session will be held at 5PM on March 24. After the changes are decided upon there will be a Public Hearing on the boundary adjustments. All of this will be well in advance of the August 30 primary date set by the General Assembly.

Mr. Luke reported on the progress of the "Bail-out". The Justice Department committee has reviewed all of the records and no problems were found.

Update – School & County Facility Energy Projects: As a follow up to last month's discussion on this project, invitations for bids on the school and county projects have gone out to newspapers and to the State electronic procurement site. There is a pre-bid non-mandatory meeting set for this Friday at the school board office after school closes. The bid due-date is March 23. The low bid will be back to the Board for acceptance at the April meeting. The commencement date on the project will be June 15.

Dr. Boone and Mr. McCarthy are hoping that the Board will agree to the hiring of a project manager to coordinate all the phases of this project.

The only part of this project that must be done before the beginning of the school year is the replacement of the windows in the old part of the high school. All other repairs and modification that are not quite finished can be accomplished after school starts with little disruption to the students.

Mr. McCarthy reported on the Financing options for this project. It appears that the most favorable option is the Virginia Public School Authority issuance. They issue twice a year or sometimes four times a year. The next issuance will not take place until May or June, which means that the County would have to put up some money upfront before the release of funds. At next month's meeting, a resolution will be presented to pay back from the proceeds received the money expended to start the project. While the total amount of the project will be the same, there may be some options on how different parts of the projects are financed. This will be the most favorable way to proceed.

Mr. Lee asked about a "Clerk of the Works". The Board members agreed that this would be the most efficient way to manage the projects.

Culpeper Trash Agreement: This agreement was to be on the April agenda, but after the Culpeper's Board meeting, the Culpeper Star Exponent published a report that said this agreement became effective immediately. This was not the intent of the Culpeper Board.

Culpeper residents have already started using our facilities. Mr. McCarthy stressed that this agreement only covered household trash and not anything else.

Mr. Parrish questioned this agreement and said he was concerned about another counties' residents using our facility. There is a new proposal for development in the Clevenger's Corner area and this will have a great effect on Rappahannock. Stopping this use will be harder than starting it. He would rather not start it.

Mr. McCarthy explained that process that would be followed at the landfill to try and monitor the accuracy of the records. Discussion followed.

Mr. Parrish made a motion that Rappahannock County take no trash from Culpeper. The motion failed for lack of a second.

Mr. Frazier reminded the Board that Culpeper County has helped Rappahannock on the trash issue as well as other issues that have arisen previously.

The agreement will proceed and Mr. McCarthy will report back at the May meeting as to the volume increase at the landfill.

NEW BUSINESS:

Approval of Farmland Protection Program Purchase Resolution: This is a resolution to authorize the purchase a farmland protection program easement on a 236-acre farm owned by Levi Atkins. This will be the last Farmland Protection program easement purchase for some time. This proposed purchase would leverage the last matching funds from the Commonwealth, and the remaining donations from the Rappahannock County Conservation Alliance.

Mr. Luke explained that this is the 3^rd purchase of this type and that no taxpayer money is involved. Negotiations are 98% complete

Michael T. Brown, attorney for the applicant, was present to answer any questions and to explain that this farm will remain as one tract of 236 acres.

On motion of Mr. Lee, seconded by Mr. Parrish, the Board voted to allow Mr. McCarthy and Mr. Luke to complete the negotiations and to close the deal.

The roll-call vote was recorded as follows: Mr. Frazier Aye

Mr. Lee Aye

Mr. Biniek Aye

Mr. Parrish Aye

Mr. Welch Aye

Transportation Issues in Sperryville: On February 18, the Sheriff and Mr. McCarthy met at The Link with the citizens of Sperryville about their concerns with speeding and traffic in the town.

Four recommendations arose from this meeting:

1. Continuing efforts by the Sheriff's Office to evaluate speeding during AM peak hours along

Main Street

2. Evaluation by the Board of Supervisors of the cost of installing flashing speed signs at Rt. 211

and Rt. 231 at the entrance to the town

3. Installation of a three-way stop sign at the Corner Store

4. Investigation of the installation of painted crosswalks

A brief discussion followed. Mr. McCarthy will contact VDOT about the speed signs, the cross walk and the three-way stop sign and will report back to the Board.

Request for Building Permit Fee Waiver/Reimbursement: In the past the Board has waived and reimbursed Fire Companies that have done construction to its facility. Flint Hill VFD is requesting such a waiver and reimbursement. On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to waive the permit fee and refund the money already paid by the FHVFD.

VDOT Rural Long-Range Transportation Plan: No action is required on this topic. It was put on the agenda to apprise the Board of a letter (found in packet) Mr. McCarthy sent to Patrick Mauney, Rappahannock- Rapidan Regional Commission concerning VDOT's wish list for long-range projects. A brief discussion followed.

Supplementary Appropriation Virginia Civil War Sesquicentennial: Mr. Frazier reported that this committee needs funds to start the projects previously reported on by Mr. Candenquist. The committee has been working and is bringing together people with a variety of views and abilities. This is part of the committee's purpose. They are requesting $2,000.00 - $1,000.00 now and $1,000.00 later. These funds would be matched by donations.

On motion of Mr. Frazier, seconded by Mr. Welch, the Board voted to appropriate $1,000.00 now and $1,000.00 later to the Sesquicentennial Committee: Mr. Frazier, Mr. Lee, Mr. Biniek, Mr. Welch, Aye. Mr. Parrish, Nay

APPOINTMENTS: Mary Dobrovir has resigned her position on the Library Board; the term expires 12/31/2012. Mr. McCarthy will advertise the opening for appointment at next month's meeting.

CORRESPONDENCE: None

INFORMATION: -February Building Permit Report (in packet)

-Tourism Report (in packet)

-Joint Board of Supervisors/School Board meeting on March 16

EXECUTIVE SESSION: None

ACCOUNTS: On motion of Mr. Parrish, seconded by Mr. Biniek, the accounts were approved as presented.

The Sheriff's Department has received a $10,000.00 bequest from the estate of Richard Lykes. Sheriff Smith would like to use these funds for furniture for the new addition. On motion of Mr. Lee, seconded by Mr. Parrish, the Board unanimously approved the acceptance for the General Fund of $10,000.00 and the appropriation of $10,000.00 to line item 3102-5401.

Mr. Lee suggested that Sheriff Smith install a plaque memorializing this bequest.

There being no further business, the meeting was recessed until 7 o'clock p.m. to conduct the following Public Hearing: SCHOOL CELL TOWER, THE BEN VENUE EXTENSION AND THE AMISSVILLE EXTENTION.

Mr. Welch reconvened the meeting.

Tonight's agenda includes three applications for cell towers:

PWSFU #10-10-04 AT&T Rappahannock County High School Tower - Revised

PWSFU #10-10-02 AT&T Ben Venue Extension

PWSFU #10-10-03 AT&T Amissville Extension

Mr. Donohue, AT&T representative, was introduced. He requested that the Board only entertain the Rappahannock County High School Tower application and defer the other two applications until next month's meeting. The reason for this request is because AT&T has been asked a question that it does not have a definitive answer for and rather than proceed they would like time to do some research. The question is that if the silos west of Ben Venue were taken into consideration, would that allow for some modification of the Ben Venue site.

On motion of Mr. Parrish, seconded by Mr. Lee, the Board voted unanimously to defer the Ben Venue and Amissville applications until the April meeting.

Mr. Donohue continued with his presentation on the High School Monopole emphasizing the modifications made to the application and explaining the results of the balloon test.

To refresh the Board's memory, he spoke about the 5 sites that would make up the network. In a power point presentation he pointed the areas that would be serviced by the installation and showed pictures of the balloon test from many angles and positions. He also pointed out the relationship of the already approved towers to the High School site.

Keeping in mind the Planning Commission considerations, the size of the platform was reduced from 12 to 8 feet, the pole was moved 150 feet south of the former location (this site is 232 feet from the school), the pole is now located 565 feet from Route 211, there will be painting and screening to decrease the visual impact. Relocating the pole was a lateral move – the height of the pole didn't change, but AT&T feels it is a significant change. There will be an extension of an existing roadway for access to the pole.

The issue of student's trying to climb the fence or the pole was addressed. Does it happen? Yes, but Mr. Donohue feels that at this new location, which is on the other side of the septic field will be a deterrent.

In summation, AT&T feels that the new location will serve the county and it's residents well.

Mr. Welch thanked Mr. Donohue for his comments and asked if there were any questions from the Board.

Mr. Parrish asked since the antenna is aimed at the horizon would this effect the reception at the school. Mr. Donohue said that it would not and the signal will be robust.

PUBLIC COMMENT:

The Chairman opened the meeting to public comment.

Eric Plaskin, Piedmont District, Cynthia Price, Woodville, Jonathan Moore, Flint Hill, Donald Porter, Wakefield, Pamela Chovnick, Flint Hill, John Diley, Jackson District all spoke in opposition to the Application with comments on the following: jurisdiction-where does it rest with the School Board or Board of Supervisors, health reasons, especially reports from the American Cancer Society, options for change if circumstances change, microwave radiation, health issues and dangers, responsibility for any actions that may arise from a law suit, location of any pole or tower at least 4-6 miles from children for their protection, location is not in keeping with the Comprehensive Plan, need for AT&T and the County to work together to find a better location, the fact that this is a "done deal" – this monopole is part of a circuit, experiences of history and politics in Rappahannock County and eminent domain, pollution of streams, disappointment that this issue has come so far, negligence of the community not to consider health issues, loss of school funding if people remove their children from the public schools, effect of new and better technology on the terms of the lease, replacement of equipment, setting precedents as to the height of towers and concerns for profit only, not health issues.

Mr. McCarthy commented on the issue of jurisdiction and options available due to changes in regulations.

Mr. Donohue spoke on the differences between a microwaves and radiation and the FCC margin of safety. He also commented on Federal jurisdiction on these matters.

There being no further comments, Mr. Welch closed the Public Comment.

Mr.Welch asked for Board comments.

Mr. Lee thanked AT&T for moving the monopole to a location that was farther from the school. This is a much better location.

Mr. Biniek was concerned about the deferment of the Ben Venue & Massie Corner application. and the effect on this approval on the network. Mr. Donohue commented that the deferment was only for one month and would certainly be before the Board again. Mr. Biniek feels that approval of this HS site should be continued until we have a clearer understanding of the effects of the other two applications.

Mr. Frazier asked if the HS monopole is approved would Fire and Rescue be able to co-locate? The answer was yes

Mr. Parrish made the following comments: The School Board wants this tower at the school and has entered into a contract with AT&T. The Planning Commission has unanimously approved the application and sent it on to the Board of Supervisors who serves the public. This process has been a real education. Cell phones are everywhere. He understands that the actual radiation comes from the cell phone itself and its proximity to the head —this is the real danger, much more so than the tower itself. The further you are from a tower, the harder the phone must work to get the signal and this is a bigger danger than a tower being there.

Mr. Biniek made a motion that the vote on the High School Application be tabled until the April meeting when the Board will consider the application of the Ben Venue and Massie's Corner extensions. The Board needs to have more information on better coverage.

The motion failed for lack of a second.

Mr. Lee made some additional comments about the efforts of AT&T. He added that he couldn't see what the Board would gain by tabling the vote on the High School application. With this in mind Mr. Lee made a motion that the Board approve the AT&T application for the High School Monopole at the new location with these stipulation:

1. 8'platform instead of a 12' one

2. Painting of all exterior features including pole, cable, and antennae

3. Public safety position reserved on the pole

4. Height would be reduced to insure no lights on the pole

5. If the structure is not in used for a period of time, it will be removed

The motion was seconded by Mr. Frazier.

The roll-call vote was recorded as follows:

Mr. Lee Aye

Mr. Frazier Aye

Mr. Biniek Nay

Mr. Parrish Aye

Mr. Welch Aye

At the conclusion of the vote, Mr. Welch made these comments: This job (a Supervisor) has been more difficult than he imagined it would be. No matter what the Board does, someone is always going to be unhappy. A lot of people want to have a cell phone, but they don't want to see the cell towers. Trying to hide these towers isn't always possible. As for safety – there will always be concerns and there will always be a professional somewhere that will oppose anything. He was not familiar with the names mentioned tonight, but that doesn't mean they are not legitimate. He can't believe that a telephone company would want to hurt kids or anybody for that matter. Cell phones are a necessity. They are good for fire and rescue, the police department and he is glad that his wife has one when she is out on the highways. We all hope that it works. I realize what Mr. Biniek was saying…he wants to see the most coverage possible.

He thanked the audience for attending.

The meeting was adjourned.

____________________________

Roger Welch, Chairman