AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 8TH DAY OF SEPTEMBER, TWO THOUSAND AND TEN AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

               Present

             Present

                Absent

Roger A Welch, Chairman

S. Bryant Lee, V-Chairman

Ronald L. Frazier

I. Christopher Parrish

John McCarthy, Co. Adm.

Peter H. Luke, Co. Attorney

Margaret R. Ralph, Clerk

  Michael J. Biniek              

 

 

Chairman Welch called the meeting to order. 

 

MINUTES:    On motion of Mr. Lee, seconded by Mr. Frazier, the August 2, 2010 and August 30, 2010 minutes, as corrected, were approved unanimously.

 

AGENDA:     On motion of Mr. Parrish, seconded by Mr. Lee, the motion to revise the agenda was passed unanimously.  Changes were as follows:

- Kenner Love, Virginia Cooperative Extension, was excused from meeting, and a   

   resolution on the drought situation was added  

                        - Budget Amendments

- Appointments

- Correspondence

                        - Information Items

 

ABOUT OUR SCHOOLS:    Superintendent of Schools, Dr. Boone presented an ADM (Average Daily Membership) report to the Board.  After a brief explanation, discussion and comments by Board members, Dr. Boone added that School officials would try to do a better job in estimating enrollment so that budget requests for State Funding will be more accurate.

 

            Dr. Boone also commented about the recent reorganization of the Central Office Staff due to the resignation of Dr. Greer.  He said that because of timing (beginning of the 2010/2011 school year) he made the changes internally, without advertisement, to expedite coverage for all positions.  Efficiency was the main goal.  Eliminating the Assistant Principal position in the Elementary School, creating a new Administrative Assistant position in its place and combining positions of Human Resource Director and Grant writer would all be done within the existing budget and, in fact, would decrease the money spent, without an increase in personnel.

 

            Changes were as follows:       Carol Johnson - Special Ed. Director 

                                                            Mike Tupper – Director of Instruction

Kathryn Jones – Principal of the Elementary School

                                                           

            Mr. Frazier commented on the number of students from out of Rappahannock County who are not paying tuition.  Dr. Boone asked Mr. Frazier to share any information he had with him and he would look into it.     

 

DROUGHT DISASTER RESOLUTION:     Mr. McCarthy reported that he had spoken to the Governor's Office to request that Rappahannock be designated as a drought disaster area. A Board Resolution of Request was necessary.   To that end, Mr. McCarthy presented a Drought Disaster Resolution for the Board's consideration.  On motion of Mr. Lee, seconded by Mr. Frazier, the Board voted unanimously passed this Resolution.     

 

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

 

Mr. Philip Irwin, Flint Hill, Virginia, thanked the Board for its support of the new Visitor's Center.  He added that he has great confidence in the Manager and looks forward to a great future.

 

            There being no further comments, the Public Comment session was closed. 

 

OLD BUSINESS:    

 

Stadium Lights/RCSSA/Musco:  Mr. McCarthy called the Board's attention to a letter to RCSSA from the Rappahannock National Bank concerning a potential loan request from the RCSSA.  A brief discussion followed including comments on the influence of economic conditions on participation in fund raising activities and attendance at functions.  The RCSSA is working very hard to meet its obligation, but the organization needs to be mindful of their obligations.

 

            Included in the packet was an email from Amy Hitt, RCSSA member, asking for the Board's sponsorship of one of the games during the sport's season.  There was a brief discussion.  Mr. McCarthy pointed out that there is a line item in the Budget for Special Contributions.  On motion of Mr. Parrish, seconded by Mr. Lee, the Board voted unanimously to support the RCSSA with a $250 donation. A check from line item 1101/5601 will be sent.  A date will be determined. 

 

Economic Recovery Advisory Committee:     The issues of Sustainable Farming and Use Value Taxation, Open Space were carried over from the August meeting.  The Committee is considering hiring a consultant on the Sustainable Farming issue and would like the Board to contribute $2,000.00 to the $20,000.00 fee.  They would raise the additional money completely on their own.  Mr. McCarthy proposes that this contribution come from an item in the Planning Commission Budget (8101/5613).  It was the consensus of the Board to contribute to this fee.  No motion is necessary since these funds will come from a line item that already exists in the budget.

 

Use Value Taxation and Open Space was explained in a letter included in the Supervisor's Packet.  A number of jurisdictions in our vicinity have already adopted the Open Space Category for the local use value ("Land Use").  Rappahannock has not.  Unlike other land-use categories, the Open Space Category has a flexible minimum acreage requirement that results in a high degree of variation in the size of the property.  Additionally, there are other qualification requirements that are set by statute.  The purpose of the Open space category is very broad and is used often in urban areas.  It is also used in other jurisdictions to encourage conservation activities and to preserve those environments that are endangered or no longer exist, i.e. restoration of warm season grasses, a habitat of bobwhite quail.  Basically, the Board would be considering a new option to allow the Open Space category to the taxation program. 

 

Mr. McCarthy added that no action was needed at this time. Over the next several months, additional information will be presented for discussion and consideration.  Comments by Board members included questions about the effect of this category on farmers, the need for conditions if this program is adopted, its impact on federal and state programs, growth and housing development, and general questions about several aspects of the program and the encouragement of agriculture.  Mr. McCarthy offered that a solution to some of these questions is the minimum acreage requirement.  The general opinion was the issue needs more investigation and study.

 

Additional information will be provided over the next 3-4 months.

 

NEW BUSINESS:

 

Electoral Board Request – IN RE:  Justice Department Pre-Clearance:           The Electoral Board is considering in participating with other jurisdictions in the "Bail Out" from the Justice Department oversight for voting rights compliance.  The cost has been estimated at $5,000.00.  Mr. Luke explained this request:  basically, if any type of change is done that affects voting practices, i.e. use of voting machines, change of hours, change of poling place, etc., approval must be obtained from the Justice Department.  The net effect of this bail out would be a court-ordered exemption from Justice Department approval if certain criteria are met. 

This issue was considered up once before, but was not acted upon because it was too expensive.  All compliance issues are now handled by the County Attorney (Mr. Luke), and there is no additional cost involved.  However, it is worth looking into.  The main thing to consider is the cost.  Mr. McCarthy asked for Board authorization for he and Mr. Luke to look into this further because the $5,000.00 investment may be worth it.  On motion of Mr. Frazier, seconded by Mr. Parrish, the Board voted unanimously to authorize Mr. McCarthy and Mr. Luke to investigate this request further.

 

Budget Amendments:    Mr. McCarthy requested the following budget amendments:

-Add $22,172.70 to 8502/1006 (flow-through grant close-out)                                              -Add a new line item titled "Foreclosure Expenses" 4303/3003($4,000.00)         

-Add $20,000.00 to 3102/1003 – reflects flow-through of courthouse    

                                      security fees

On motion of Mr. Parrish, seconded by Mr. Lee, the Board voted unanimously to amend the Budget to reflect these changes.                                           

 

APPOINTMENTS:   The Board received a letter of resignation from Thomas Tepper, member of the Planning Committee (Stonewall-Hawthorne District).  Although his term does not expire until 7/7/2011, Mr. Tepper feels that the newly elected Board Member from that district, Mr. Parrish, may want to appoint a new commissioner.   Mr. Parrish commended Mr. Tepper for his many years of dedication and requested that a letter be sent thanking him for his service.  Mr. Parrish asked the Board to appoint Gary Light to the Rappahannock County Planning Commission, and gave the Board a brief list of his qualifications.  On motion of Mr. Parrish, seconded by Mr. Frazier, the Board voted unanimously for the appointment of Mr. Light to the Planning Commission.

 

Holly Lanigan has agreed to be reappointed to the Recreational Facilities Authority.  Jennifer Manly's term expired June 30, 2010, and Jennifer Fitzhugh would like to be appointed in her place.  The terms will run from 6/30/2010 to 6/30/2014.  On motion of Mr. Lee, seconded by Mr. Parrish, the Board unanimously approved the reappointment of Holly Lanigan and the appointment of Jennifer Fitzhugh to the Recreational Facilities Authority.

                          

CORRESPONDANCE:

 

Elk Reintroduction:  A letter from the Department of Games and Inland Fisheries was included in the Board's packet.  No decision has been made yet as to this issue, although the area for the reintroduction has been reduced from four counties to two counties.  This decision is under appeal.  Mr. McCarthy will keep the Board apprised of any developments.

 

Warren County Electric Generation Facility:  A letter from the Department of Environmental Quality was also included in the Board's packet.  This letter concerns the Virginia Electric Power Company plan to build a full-scale natural gas-fired plant that will be adjacent to the Regional Jail site.  Given the path of prevailing winds, this facility could be a significant source of air pollution.   This information is given to the Board and public simply for their information and is still an item of significant debate.

 

INFORMATION:  Included in the Board's packet were the August Building Report, the Monthly VDOT Report, and an article on "Sludge" from the American Planning Association Magazine.

 

Mr. McCarthy also mentioned the Fee-Free Day on Saturday, September 25 at the Shenandoah National Park. 

 

The Rappahannock Visitor's Center Ribbon-Cutting Ceremony will be held on September 23 at 6:00 PM.  All are invited to attend.

 

 

PUBLIC COMMENT:   Mr. Welch opened the meeting to Public Comment.  There being no public comment, the Public Comment session was closed.

 

ACCOUNTS:              On motion of Mr. Frazier, seconded by Mr. Lee, the Accounts were approved as presented.

 

EXECUTIVE SESSION:

 

On motion of Mr. Parrish, seconded by Mr. Lee, the Board voted unanimously to retire into closed session pursuant to Virginia Code Section 2.2-3711A. (1) to consult with legal counsel employed or retained by the Board of Supervisors regarding specific legal matters requiring the provision of legal advice by such counsel under Section 2.2-3711A.7.  The subject matter of the closed meeting will be the Aileen property and a personnel contract. Roll call vote was as follows:  Ayes:  Mr. Welch, Mr. Lee, Mr. Frazier, Mr. Parrish.  Nays:  none.

 

Open Session:  On motion of Mr. Lee, seconded by Mr. Parrish, the Board voted unanimously to reconvene into open session.  The following roll-call vote was taken:  Ayes:  Mr. Welch, Mr. Lee, Mr. Frazier, Mr. Parrish.  Nays:  none.

 

Certification:  The Chairman polled the members of the Board as follows:  "To the best of your knowledge, do each of you certify that only public business matters lawfully exempted from the open meeting requirements under existing Virginia law, and only such public business matter as were identified in the motion by which the executive meeting was convened were heard, discussed or considered by the Board in the executive meeting just held?"  The following roll-call vote was taken:  Ayes:  Mr. Welch, Mr. Frazier, Mr. Lee, Mr. Parrish.  Nays:  none.

 

The Board reconvened into Open Session. 

 

The Board adjourned until the 7pm meeting.

 

Public Hearing on Wills and Administration Tax Amendment

 

Mr. Welch called the 7 PM Public Hearing to order.

 

Mr. Welch opened the Public Hearing.  There being no comments from the public, Mr. Welch closed the Public Hearing.

 

After some explanation and brief discussion, Mr. Frazier presented a motion not to adopt this amendment.  The motion failed for lack of a second.

 

On motion of Mr. Lee, seconded by Mr. Parrish, the Board voted to adopt this amendment to the County Code.  The Roll call vote was recorded as follows:  AYES:  Mr. Lee, Mr. Parrish, Mr. Lee.  NAYS:  Mr. Frazier. 

 

There being no further business, on motion of Mr. Lee, seconded by Mr. Parrish, the Board voted unanimously to adjourn the meeting.

 

 

 

                                                                        ___________________________________

                                                                                  Roger Welch, Chairman