Call To Order Pledge of Allegiance Invocation.: December 10, 2008

December 10, 2008 (1)
December 10, 2008
The Regular Meeting of the Rockingham County Board of Supervisors was

held on Wednesday, December 10, 2008, at 3:00 p.m. at the Rockingham County
Administration Center, Harrisonburg, Virginia. The following members were present:
PABLO CUEVAS, Election District #1

FREDERICK E. EBERLY, Election District #2
DEE E. FLOYD, Election District #3
WILLIAM B. KYGER, JR., Election District #4
MICHAEL A. BREEDEN, Election District #5
Also present:
JOSEPH S. PAXTON, County Administrator

THOMAS H. MILLER, JR., County Attorney
STEPHEN G. KING, Deputy County Administrator
JAMES L. ALLMENDINGER, Director of Finance
WENDELL J. EBERLY, Director of Recreation & Facilities
WARREN G. HEIDT, Director of Public Works
FRANKLIN P. O’BYRNE, Director of Information Systems
STEPHEN N. RIDDLEBARGER, Director of Human Resources
ROBERT A. SYMONS, Fire & Rescue Chief
RHONDA G. HENDERSON, Director of Planning
DIANA C. STULTZ, Zoning Administrator
TAMELA S. GRAY, Deputy Clerk
DONALD F. KOMARA, Residency Administrator
Virginia Department of Transportation
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION.
Chairman Floyd called the meeting to order at 3:00 p.m.
Community Development Director Vaughn led the Pledge of Allegiance.

Administrator Paxton gave the Invocation.
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APPROVAL OF MINUTES.
On motion by Supervisor Eberly, seconded by Supervisor Breeden and carried

by a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE;
EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board approved the minutes of
the regular meeting of November 12, 2008.
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VIRGINIA ASSOCIATION OF COUNTIES (VACo) PRESENTATION.
Supervisor Kyger, former President of VACo, presented Supervisor Breeden

with a certificate on behalf of VACo in recognition of Supervisor Breeden’s 10 years
of service in public government.
December 10, 2008 (2)
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TRANSPORTATION DEPARTMENT.
The Board heard Mr. Komara’s report on the activities of the Transportation
Department including the following:
• North Main Street (Route 42) and Mt. Crawford Avenue (Route 1310) in
Bridgewater – traffic signal is working
• Bergton Road (Route 820) – digging shell which is a good winter job
• Kerns Road (Route 731) – replacing bridge with a new box culvert
• Peake Mountain Road (Route 612) – fixing bridge
• Cutting brush and preparing for inclement weather
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Mr. Komara requested the Board approve adding two roads in the Cloverdale
Subdivision to the Virginia Department of Transportation’s secondary system of state
highways.

EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board approved the following
resolution:
RESOLUTION
WHEREAS, the streets described below are shown on plats recorded in the
Clerk's Office of the Circuit Court of Rockingham County, and
WHEREAS, the Resident Engineer for the Virginia Department of

Transportation has advised this Board the streets described below meet the
requirements established by the Subdivision Street Requirements of the Virginia
Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia

Department of Transportation to add the following streets, a total distance of 0.27
miles to the secondary system of state highways, pursuant to Section 33.1-229, Code
of Virginia, and the Department's Subdivision Street Requirements:
Name of Subdivision: Cloverdale

Name of Street: Cloverleaf Lane Total Length: 0.14 miles
Guaranteed right-of-way width: 50 feet From: Route 738 To: Route 1099 Length: 0.14 miles
Plat Recorded, Date: 05/22/06 Deed Book: 2866 Page: 674
Name of Subdivision: Cloverdale

Name of Street: Fourleaf Circle Total Length: 0.13 miles
Guaranteed right-of-way width: 50 feet From: Route 731 To: Route 1099 Length: 0.06 mile
Guaranteed right-of-way width: 50 feet From: Route 1099 To: Dead End Length: 0.04 mile
Plat Recorded, Date: 05/22/06 Deed Book: 2866 Page: 674
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted

right-of-way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be

forwarded to the Resident Engineer for the Virginia Department of Transportation.
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In response to Supervisor Breeden’s request last month that VDOT determine

appropriate safety measures on Island Ford Road (Route 649), Mr. Komara reported
December 10, 2008 (3)
that he would like to put “old fashioned” chevrons through the curve, but will ask the
traffic engineer for other recommendations. Supervisor Breeden noted there has been
another accident at that location and asked if the speed limits can be altered since this
is an industrial road. Mr. Komara said the speed limits can be changed and he will
look into this.
In regard to the No Thru Truck study, Supervisor Breeden indicated he still

receives calls from a gentleman on Lawyer Road. Mr. Komara will revisit this issue.
Supervisor Eberly noted there is a dangerous curve on Green Hill Road going
into Singers Glen, where there may be enough shoulder to widen the pavement. Mr.
Komara will determine if the road can be widened without environmentally impacting
an old ice house at the curve.
Chairman Floyd stated he has received inquiries regarding the possibility of a

stop light being installed at the intersection of Massanetta Springs Road and Shen Lake
Drive. Mr. Komara will look into installing a large stop sign on Shen Lake Drive
where traffic tops the hill or a flashing sign to provide advanced warning of the
intersection.
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FY 2007-2008 COMPREHENSIVE ANNUAL FINANCIAL REPORT.
Michael Garber from PBGH, LLP provided a presentation to the Board

regarding the FY 2007-2008 Comprehensive Annual Financial Report. He informed
the Board of a $25 million unreserved General Fund reserve which can be used for
future expenditures as the Board determines. He commended the Board for
positioning the County to deal with the upcoming budget shortfall, particularly with
the amount of debt issued for schools and the SRI project over the last few years. Mr.
Garber stated PBGH issued an unqualified opinion, which is the highest level opinion
that may be provided by auditors.
In response to questions from Supervisors Cuevas and Kyger, Mr. Garber

reviewed the Statement of Net Assets which lists assets for schools in the School Fund
while the debt for such school facilities is listed in the General Fund.
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RESOLUTION FOR DRINKING WATER RESOURCE MANAGEMENT –

GEORGE WASHINGTON NATIONAL FOREST
Kim Sandum, Executive Director of Community Alliance for Preservation

(CAP), noted the George Washington National Forest Plan is being revised and stated
one of the most important benefits of the forest is clean water. CAP is requesting that
the Board consider a resolution asking the National Forest Service to develop and
identify a management plan for the watershed areas in the National Forest. This is a
regional issue because North River starts in Augusta County and flows into
Rockingham County. In addition to the list provided to the Board of jurisdictions and
organizations which have approved the resolution, Dayton approved the resolution
advised Ms. Sandum.
Supervisor Cuevas stated that while the County is certainly concerned with the
protection of the watersheds, it is also important to protect the rights of the general
public to use the forest. He is concerned that some groups may be trying to create
additional wilderness-designated areas, which the County has previously noted it does
not support. He noted some parts of the original resolution contradict recreational uses
of the forest. He wants to make sure that the definition of “disturbing ground” is one
in which all parties can agree.
December 10, 2008 (4)
Administrator Paxton noted that significant changes were made to the

submitted resolution to limit the resolution more specifically to Rockingham County
and to more clearly reflect the County’s position. He indicated there may be some
timber harvesting and ground disturbing activities that would be acceptable as long as
they were properly managed by the Forest Service or their contractors. The County
wants to ensure that trail-based recreational activities are compatible with water quality
management activities and are conducted with best management practices. Since there
were some guidelines and forest management practices already included in the existing
George Washington Plan, the Virginia Department of Game and Inland Fisheries
(VDGIF) was not sure this resolution was necessary. However, VDGIF believes the
revised resolution supports their viewpoint and the land management activities within
the current resource protection plan, as well as clarifies the County’s position on this
matter.
Elwood Burge, George Washington National Forest District Ranger, reiterated

that the U. S. Forest Service had been accepting comments from the public and
government. The Forest Service was not aware of any drinking water quality problems
related to the management of the National Forest. The Forest’s “Managing Drinking
Water” Plan ensures the supply of high-quality water and minimizes “ground
disturbing” activities. Mr. Burge stated that high-quality drinking water is delivered
from the Forest boundary; what happens after that is beyond the Forest Service’s
control. Mr. Burge assured the Board that the Forest Service employs best
management practices and has more stringent guidelines than the State.
Supervisor Kyger commended Mr. Burge and the Forest Service on their land
management practices. He explained that a well-managed forest is beneficial because
the County relies somewhat on funds from timber sales and taxes from those sales. He
stated it is both his personal philosophy and the Board’s philosophy that the Forest be
accessible for many uses.
Keith Wilt, President of the Quality Deer Management Association -

Rockingham Branch, said he is affiliated with hunting and outdoor organizations and
was concerned the originally proposed resolution may impact wildlife issues. He said
his organization is aware of the Forest’s watersheds, water quality and the many
regulations enforced by the Forest Service. He commended the Board on their
revisions to the resolution, but asked that they consider not signing the resolution as it
may give wilderness preservation groups an advantage as the Management Plan moves
forward.
Supervisor Kyger stated the County’s silence regarding the resolution may be
perceived by the Forest Service as approval of practices the County does not approve.
Since a large portion of the watersheds involve the County, he thinks it is important for
the County to make a statement.
Supervisor Cuevas agreed that no action may be viewed as not caring about the
issue, which may be worse than adopting the resolution. Since the Board is
comfortable with the wording of the revised resolution, Supervisor Cuevas said he
would like it to reflect the County’s position, rather than duplicate resolutions
approved by other jurisdictions.
Carroll Dickenson from the Shenandoah Valley Sportsman’s Alliance said the
Virginia Sportsman’s Alliance was very concerned about the original resolution.
While clean water matters seem appealing, he said the original resolution looked like a
precursor to the Wilderness Act which will limit usage and projects such as wind
turbines in the National Forest. He said many people use the George Washington
National Forest (70% visit to see wildlife and 30% use wilderness-designated areas).
On motion by Supervisor Cuevas, seconded by Supervisor Kyger and carried

EBERLY – AYE; KYGER - AYE; FLOYD - AYE; the Board adopted the following
amended resolution:
December 10, 2008 (5)
GEORGE WASHINGTON FOREST MANAGEMENT PLAN

RESOLUTION FOR DRINKING WATER RESOURCE MANAGEMENT
WHEREAS, the U.S. Forest Service is in the process of revising its 1993 Land
and Resource Management Plan for the George Washington National Forest; and
WHEREAS, one of the six goals identified in the U.S. Forest Services’ agency-
wide strategic plan is to “Improve watershed condition”; and
WHEREAS, the availability of clean, safe drinking water is one of the primary
benefits that the George Washington National Forest provides to the communities that
surround it; and
WHEREAS, approximately 44 percent of the land in the George Washington

National Forest lies within watersheds that make available public drinking water to
more than 260,000 Virginia residents in 22 adjacent communities, by means of
reservoirs and surface waters; and
WHEREAS, drinking water sources within the George Washington National

Forest serve an estimated 53,000 residents in Rockingham County, the City of
Harrisonburg and the towns of Bridgewater and Broadway; and
WHEREAS, the watersheds in the George Washington National Forest from

the Switzer Lake Reservoir make available a source for drinking water for the residents
of the City of Harrisonburg and some Rockingham County residents; and
WHEREAS, the watersheds of surface waters that flow from the George
Washington National Forest, such as the North River and the North and South Forks of
the Shenandoah River, also provide a source for drinking water to residents in the
communities of Bridgewater, Broadway, Elkton and Harrisonburg and surrounding
Rockingham County; and
WHEREAS, there can be threats to water quality within the George

Washington National Forest from ground disturbing activities, such as timber
harvesting and road construction, which result in erosion and sedimentation if not
properly managed by the Forest Service staff or contractors thereof; and
WHEREAS, in the 1993 George Washington National Forest Management

Plan most of the land in drinking water reservoir watersheds (72 percent) is managed
without ground disturbing activities, and the U.S. Forest Service reports the water
quality in the reservoir watersheds is substantially better than in surface watersheds in
other parts of the George Washington National Forest; and
WHEREAS, the 1993 George Washington National Forest Management Plan

provides for ground disturbing activities on most of the land (64 percent) in surface
watersheds that provide drinking water through river intakes.
NOW, THEREFORE, be it resolved that the Rockingham County Board of

Supervisors supports the following actions to implement an objective as a part of the
George Washington National Forest Management Plan to promote the quality and
quantity of drinking water sources within the forest boundaries:
• The U.S. Forest Service identify the watersheds serving the Switzer Lake
reservoir and the surface water resources within the George Washington
National Forest that feed the North River and South and North Forks of the
Shenandoah River;
• The U.S. Forest Service establish management objectives that support the
health of the drinking watershed and which encourage conditions within the
watershed that maintain, protect and enhance drinking water quality;
December 10, 2008 (6)
• The U.S. Forest Service continue to permit ground disturbing activities in these
areas; however, such activities shall be properly managed and controlled by the
Forest Service to protect the health of the watershed;
• The U.S. Forest Service gather sufficient information to assess watershed

conditions, develop a plan to systematically monitor water resource programs,
and obtain data pertinent to water quality and watershed conditions, in
cooperation with other agencies, organizations, local communities and
volunteers;
• The U.S. Forest Service communicate in a timely manner with the localities
that obtain drinking water from sources within the George Washington
National Forest to ensure that the drinking watersheds are managed effectively,
appropriately and for the public good;
• The U.S. Forest Service shall work with local communities, agencies and the
larger public to establish policies and develop management plans for the
drinking watersheds to properly maintain, protect and enhance drinking water
quality.
BE IT FURTHER RESOLVED, that the Rockingham County Board of

Supervisors recommends that, the U.S. Forest Service retain all management
techniques and options in the approved Forest Management Plan that are necessary to
protect the drinking water quality, and
BE IT FURTHER RESOLVED, that the Rockingham County Board of

Supervisors recognizes that trail-based recreational activities in the George
Washington National Forest are valuable and wholly compatible with water quality
management.
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Supervisor Kyger asked that a copy of the adopted resolution, with an

explanation regarding why the resolution was changed, be sent to all localities asked to
submit comments, particularly jurisdictions within the County.
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RESOLUTION – SUPPORT FOR VIRGINIA RESOURCES AUTHORITY

$550,000 TAXABLE AIRPORT REVENUE BOND.
William G. O’Brien, the County’s representative to the Airport Commission,

stated that the proposed addition of a corporate airplane hangar facility is a tremendous
growth opportunity for the airport and will be an asset to the airport and the member
jurisdictions. He recommended that the Board support the resolution and the issuance
of the bonds.
Greg Campbell, Executive Director of the Shenandoah Valley Regional Airport

Commission, provided an update on the airport. The Airport’s partnership with United
Express in March led to significant improvements in service from the airline, and has
resulted in a 72% increase in service at a time when many airports are losing service.
The Airport has leveraged local funding to make $15 million in improvements since
2000. The Airport has an opportunity to expand its facility at a cost of $2.3 million for
a taxiway and hangar. The Commission is in final negotiations with the prospective
tenant for the hangar and all costs related to construction of the hangar will be covered
by revenue from the lease. The Airport plans to borrow $550,000 from the Virginia
Resources Authority, and has received a $1.8 million grant from the Commonwealth to
complete the balance of the funding. The Commission is requesting the County’s
support of the proposed resolution and support agreement. Augusta County has
December 10, 2008 (7)
approved support for their half of funding with a moral obligation to back the
financing, Mr. Campbell said.
Administrator Paxton noted that the County’s moral obligation to Virginia

Resources Authority (VRA) is $275,000. The purpose of this resolution is to provide
comfort to VRA. Rockingham and Augusta are being asked for their support of the
loan since the hangar will be constructed in Augusta County and Dynamic Aviation
(the business desiring to lease the hangar) is located in Rockingham County. He said
the VRA could come back on the Authority and the counties but Rockingham County
is well protected for any substantive obligation since revenue from the Dynamic Land
Lease will cover the debt and then the Airport would be expected to make up any
shortfall should one occur.
On motion by Supervisor Kyger, seconded by Supervisor Eberly and carried by

a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE;
EBERLY – AYE; KYGER - AYE; FLOYD - AYE; the Board adopted the following
Resolution and Support Agreement.
RESOLUTION
IN REGARD TO
SHENANDOAH VALLEY REGIONAL AIRPORT COMMISSION
WHEREAS, the Shenandoah Valley Regional Airport Commission (the

“Commission”) was duly established pursuant to the Code of Virginia, 1950, as
amended, and by resolution and agreement of the several political subdivisions of the
Commonwealth of Virginia comprising the Commission, namely the Counties of
Augusta and Rockingham and the Cities of Harrisonburg, Staunton and Waynesboro
(collectively, the “Member Localities”), to have and exercise, on behalf of such
Member Localities, the power and authority to operate the Shenandoah Valley
Regional Airport (“SVRA”) located in Augusta County, Virginia.
WHEREAS, the Commission has determined that it is necessary and desirable

to issue and sell its aggregate up to $550,000 taxable airport revenue bond, in one or
more series, including an interim financing therefor, if necessary (the “Local
Obligation”), in order to finance any one or more of the following capital costs to: (i)
acquire, construct and equip site improvements in connection with the development of
open span aircraft storage hangars and facilities relating thereto at SVRA on an site
consisting of approximately 12 Acres, including grading, drainage and building pad
preparation improvements and various other preliminary costs in connection therewith,
(ii) acquire, construct and equip all or any portion of such hangars and facilities, and
(iii) pay issuance costs (collectively, the “Project”).
WHEREAS, the Commission shall issue the Local Obligation to finance the
Project (including an interim financing therefor, if required), pursuant to the terms and
conditions of the Financing Agreement and as otherwise may be necessary or
convenient in connection with requirements by Virginia Resources Authority (“VRA”)
for long-term financing of the Project under the Virginia Airport Revolving Fund (or
any other applicable financing program administered or otherwise offered from time to
time by VRA).
WHEREAS, the Commission desires that the governing bodies of the Member
Localities approve the incurrence of indebtedness by the Commission in connection
with the Project, subject to the determination of the final terms and provisions therefor
(all such undertakings by the Commission, including any interim financing therefor, if
necessary, being collectively referenced herein as the “Loan”).
WHEREAS, in addition, VRA has required Rockingham County, Virginia (the

“County”) to approve an agreement providing for a non-binding obligation to consider
certain appropriations from time to time in support of the payment of the Local
Obligation and other obligations by the Commission in connection with the Project.
December 10, 2008 (8)
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of

Rockingham County, Virginia (the “Board”), as follows:
1. The incurrence of the Loan by the Commission, from time to time, is

hereby approved and authorized, to the fullest extent as may be required, if at all.
2. The Board hereby undertakes a non-binding obligation to appropriate

such amounts as may be requested from time to time as particularly described and
limited in the Support Agreement, a form of which is attached hereto as Exhibit A, to
the fullest degree and in such manner as is consistent with the Constitution and laws of
the Commonwealth of Virginia. To such end, the terms and conditions of the Support
Agreement and the transactions contemplated thereby, and the due execution and delivery
thereof by the County, all as required by VRA in connection with the Commission’s
issuance of the Local Obligation (including an appropriate correlating Support Agreement
in connection with an interim financing by the Commission for the Project, if required),
are hereby approved and confirmed in all respects. The form of the Support Agreement,
including the County’s Proportional Share as set forth therein, shall be in substantially the
form submitted to the Board at this meeting, which form is hereby approved in all
respects.
3. It is to be understood that nothing contained in this Resolution or in the

Support Agreement is or shall be deemed to be a debt of the County or a pledge of the
faith and credit or the taxing power of the County, and nothing herein or therein shall
legally bind or obligate the Board or any future Board of the County to appropriate
funds for such purposes. The indebtedness of the Commission represented by the
Local Obligation (or otherwise in connection with the Project) shall not be deemed to
constitute a debt or pledge of the faith and credit of the taxing power of the County,
and neither the faith and credit nor the taxing power of the County shall be pledged for
the payment of the principal of, premium, if any or interest on the Local Obligation or
any other obligation of the Commission in connection with the Project or any other
costs incident thereto. The Board’s non-binding obligation to make payments pursuant
to the provisions of this Resolution and the terms described particularly in the Support
Agreement, under all circumstances, shall be subject to and dependent upon
appropriations being made, from time to time, by the Board for such purposes.
4. The Chairman and Vice Chairman of the Board, and the County
Administrator, any one or more of whom may act, and such officers, employees, and
agents of the County as any of them may designate, are each authorized and directed to
take all such further actions and to execute and deliver any and all instruments,
certificates and other documents (including but not limited to the Support Agreement)
in order to carry out the purposes hereof and in furtherance, otherwise, of the financing
by the Commission of the Project (including an interim financing therefor, if required).
5. This Resolution shall be effective immediately.
SUPPORT AGREEMENT 1
FOR THE BENEFIT OF

SHENANDOAH VALLEY REGIONAL AIRPORT COMMISSION
THIS SUPPORT AGREEMENT is made as of _____________, between and

among the BOARD OF SUPERVISORS OF AUGUSTA COUNTY, VIRGINIA
(the “Augusta Board”), acting as the governing body of Augusta County, Virginia
(“Augusta”); the BOARD OF SUPERVISORS OF ROCKINGHAM COUNTY,
1This form of Support Agreement has been drafted for the long‐term financing of the Project to be provided
by Virginia Resources Authority (VRA). Therefore, appropriate changes would be needed in the event the
Commission also shall require a short‐term loan for the Project in anticipation of its receipt of such long‐
term monies from VRA.
December 10, 2008 (9)
VIRGINIA (the “Rockingham Board”), acting as the governing body of Rockingham

County, Virginia (“Rockingham”); SHENANDOAH VALLEY REGIONAL
AIRPORT COMMISSION (the “Commission”); and VIRGINIA RESOURCES
AUTHORITY (“VRA”), as purchaser of the Local Obligation (defined below).
RECITALS
WHEREAS, the Commission is empowered by Chapter 3, Article I, Title 5.1

of the Code of Virginia of 1950, as amended, and by resolutions by the Counties of
Augusta and Rockingham and the Cities of Harrisonburg, Staunton and Waynesboro
(collectively, the “Member Localities”), to have and exercise, on behalf of such
Member Localities, the power and authority to operate and maintain the Shenandoah
Valley Regional Airport (“SVRA”), located in Augusta; and
WHEREAS, the Commission has determined that it is necessary and desirable

to issue and sell its aggregate up to $550,000 taxable airport revenue bond, in one or
more series (the “Local Obligation”), in order to finance any one or more of the
following capital costs to: (i) acquire, construct and equip site improvements in
connection with the development of open span aircraft storage hangars and facilities
relating thereto at SVRA on an site consisting of approximately 12 Acres, including
grading, drainage and building pad preparation improvements and various other
preliminary costs in connection therewith, (ii) acquire, construct and equip all or any
portion of such hangars and facilities, and (iii) pay issuance costs (collectively, the
“Project”); and
WHEREAS, the Commission shall issue the Local Obligation to finance the
Project pursuant to the terms and conditions of the Financing Agreement and as
otherwise may be required by VRA under the Virginia Airport Revolving Fund (or any
other applicable financing program administered or otherwise offered by VRA); and
WHEREAS, the Augusta Board duly adopted a resolution in support of the

Project, among other things, on November 25, 2008 (the “Augusta Resolution”), and
the Rockingham Board duly adopted a resolution in support of the Project, among
other things, on December 10, 2008 (the “Rockingham Resolution”); and
WHEREAS, all other remaining Member Localities also have duly adopted
resolutions in support of the Project; and
WHEREAS, pursuant to the Augusta Resolution and the Rockingham

Resolution, the due execution and delivery of this Support Agreement, among other
things, were approved in order for Augusta and Rockingham to provide their
respective non-binding obligations to consider certain appropriations in support of the
Project and the payment of the Local Obligation and any other payments by the
Commission in connection with the financing of the Project, all as required by VRA
for the purchase thereof and as otherwise described herein.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing and of the

mutual covenants herein set forth, the parties hereto agree as follows:
1. Unless otherwise defined, each capitalized term used in this Support

Agreement shall have the meaning given it in the Financing Agreement.
2. The Commission shall use its best efforts to issue the Local Obligation
and use the proceeds thereof to pay the costs of the Project in accordance with the
terms of the Financing Agreement. The Commission shall construct and place the
Project in operation at the earliest practical date.
December 10, 2008 (10)
3. The term “Proportional Share” as used in this Support Agreement shall

mean for Augusta and Rockingham the following percentages of the Annual
Deficiency Amount (as defined below in Section 4) or other insufficiency (as set forth
below in Section 6), if any, or such other percentages as may be agreed upon by
Augusta and Rockingham, in writing, from time to time, provided such amended
allocation shall add up to 100% of the Annual Deficiency Amount:
Augusta - 50%
Rockingham - 50%
The obligations of Augusta hereunder shall be limited to its

Proportional Share of debt service on the Local Obligation and the amounts to be
included in Augusta’s submitted budget pursuant to Sections 5 and 6 hereof.
Likewise, the obligations of Rockingham hereunder shall be limited to its Proportional
Share of debt service on the Local Obligation and the amounts to be included in
Rockingham’s submitted budget pursuant to Sections 5 and 6 hereof.
Accordingly, it is understood and agreed that (i) the obligations of
Augusta hereunder shall not be increased to offset a non-appropriation of Rockingham,
and (ii) the obligations of Rockingham hereunder shall not be increased to offset a
non-appropriation of Augusta.
4. No later than March 15 of each year, beginning March 15, 2009, the
Commission shall notify the Augusta Board and the Rockingham Board of their
respective Proportional Share of the amount, if any, by which the Commission
reasonably expects its revenues to be insufficient to pay (i) the debt service obligations
under the Financing Agreement and the Local Obligation, (ii) the operation and
maintenance expenses for SVRA, in full, as and when due, and (iii) any other
payments due and owing by the Commission under the Financing Agreement (the
“Additional Payments”) in full, as and when due, during the fiscal year of Augusta and
Rockingham, respectively, each beginning the following July 1 (such aggregate
deficiency amount of the Commission’s revenues being referenced herein as the
“Annual Deficiency Amount”).
5. The County Administrator of Augusta and the County Administrator of

Rockingham shall include their respective Proportional Share, if any, in their
respective budgets submitted to the Augusta Board and the Rockingham Board, as
appropriate, for the following fiscal year as an amount to be appropriated to or on
behalf of the Commission. Each County Administrator shall deliver to VRA within
ten (10) days after the adoption of their respective local budgets for each fiscal year,
but not later than July 15 of each year, a certificate stating whether the Augusta Board
or the Rockingham Board, as appropriate, has appropriated to or on behalf of the
Commission an amount equal to their respective Proportional Share, if any.
6. If at any time the Revenues of the Commission shall be insufficient to

make any of the payments referred to in Section 4 above, the Commission shall notify
each County Administrator of Augusta and Rockingham of the amount of such
insufficiency and the corresponding Proportional Share relating to such insufficiency.
The County Administrator of Augusta shall request a supplemental appropriation from
the Augusta Board in the amount necessary to pay its Proportional Share, and likewise,
the County Administrator of Rockingham shall request a supplemental appropriation
from the Rockingham Board in the amount necessary to pay its Proportional Share.
Such requests for appropriations, respectively, shall be presented and considered by the
Augusta Board and the Rockingham Board, respectively, at the next regularly
scheduled meeting thereof at which it is possible to satisfy any applicable notification
requirements. Promptly after such meetings of the Augusta Board and the
Rockingham Board, respectively, each County Administrator thereof shall notify VRA
as to whether the amount so requested was appropriated.
If the Augusta Board shall fail to make such appropriation, the County
Administrator shall add the amount of such requested appropriation to the Proportional
December 10, 2008 (11)
Share reported to Augusta by its County Administrator for the next fiscal year.
Likewise, if the Rockingham Board shall fail to make such appropriation, the County
Administrator shall add the amount of such requested appropriation to the Proportional
Share reported to Rockingham by its County Administrator for the next fiscal year.
7. The Augusta Board and the Rockingham Board each hereby undertake
a non-binding obligation to appropriate their respective Proportional Share as may be
requested from time to time pursuant to Sections 5 and 6 above, to the fullest degree
and in such manner as is consistent with the Constitution and laws of the
Commonwealth of Virginia.
The Augusta Board and the Rockingham Board, each while recognizing
that it is not empowered to make any binding commitment to make such appropriations
in future fiscal years, hereby states its intent to make such appropriations in future
fiscal years, and hereby recommends that future Boards of Supervisors of Augusta and
Rockingham, respectively, do likewise.
8. Nothing herein contained is or shall be deemed to be a lending of the

credit of either Augusta or Rockingham to the Commission, VRA or to any holder of
the Local Obligation or to any other person, and nothing herein contained is or shall be
deemed to be a pledge of the faith and credit for the taxing power of either Augusta or
Rockingham, nor shall anything herein contained legally bind or obligate the Augusta
Board or the Rockingham Board to appropriate funds for any of the purposes described
herein.
9. Any notices or requests required to be given hereunder shall be deemed

given if sent by registered or certified mail, postage prepaid, addressed (i) if to
Augusta, to Augusta County Government Center, P.O. Box 590, Verona, Virginia
24482, Attention: County Administrator; (ii) if to Rockingham, to Rockingham
County Government Center, P.O. Box 1252, 20 East Gay Street, Harrisonburg,
Virginia 22803; (iii) if to the Commission, to Shenandoah Valley Regional Airport
Commission, P.O. Box 125, Weyers Cave, Virginia 24486-0125, Attention:
Executive Director; and (iv) if to VRA, to 1111 East Main Street, Suite 1920,
Richmond, Virginia 23219, Attention: Executive Director.
Any party hereto may designate any other address for notices or
requests by giving notice.
10. It is the intent of the parties hereto that this Support Agreement shall be
governed by the laws of the Commonwealth of Virginia.
11. This Support Agreement shall remain in full force and effect until the
Local Obligation and all other amounts payable by the Commission, if any, under any
authorizing resolution and any other documentation in connection with the Project and
the Local Obligation, including but not limited to the Financing Agreement, have been
paid, in full.
oooooOooooo
COUNTY ADMINISTRATOR'S STAFF REPORT.
The Board received and reviewed Administrator Paxton’s staff report dated
December 5, 2008.
Administrator Paxton reviewed a request from a regional agricultural business

working group which will work with the Shenandoah Valley Partnership, asking the
County to participate in an agricultural development group. There is no cash
commitment at this time, but Administrator Paxton stated Robin Sullenberger from
Shenandoah Valley Partnership said it would be difficult for the partnership to take on
such a large project without additional funding. Staff recommended forwarding this
request to the Finance Committee for further study and consideration at budget time.
December 10, 2008 (12)
------
Administrator Paxton explained that a number of localities are billing for

emergency medical services through a third party administrator (TPA). He discussed
this process with Augusta County and Harrisonburg and it was determined that if one
of the three localities use this program, all three need to participate since there are
overlapping jurisdictional boundaries. Administrator Paxton asked that the Board
authorize staff to proceed with a Request for Proposal (RFP) to obtain data and price
quotes from TPAs. If authorized, Administrator Paxton will ask Augusta County and
Harrisonburg if they want to participate in this RFP.
In response to a question from Supervisor Kyger regarding how involved

Augusta County is in the TPA process, Administrator Paxton responded that Staunton
and Augusta County have authorized billing of services, but are still in the discussion
stage.
Supervisor Kyger indicated some organizations will be very happy with this
program but a few will be hesitant to proceed. He said EMS calls are a rapidly-
growing part of the budget and localities that bill for services have noted reduced
demand. Supervisor Kyger stated this needs to be examined as a regional program
because if Augusta County adopts the program and Rockingham County does not, it
would be difficult on Rockingham County agencies providing services in Augusta
County. A regional RFP may leverage a better proposal and may lead to a regional
management approach, Supervisor Kyger said.
Since the County receives heavy support from garages that maintain fire trucks
and citizens who donate money on a regular basis, Supervisor Eberly said the County
needs to ensure this program does not discourage donations.
Administrator Paxton noted that Chief Symons included volunteer agencies in

discussions about this program, which has been successful in areas where there is
balanced continuation of volunteer services with the ability to bill for services covered
by insurance. Administrator Paxton agreed with Supervisor Kyger that billing for
services will cut down on frivolous calls for services because insurance companies will
question the bills.
Supervisor Breeden said he hopes this program will allow volunteers to spend
more time running calls rather than fundraising.
Supervisor Kyger stated money paid for insurance premiums rather than tax
dollars will supplement EMS calls.
Supervisor Eberly stated volunteers can provide more economical service to the
County.
Supervisor Kyger noted a decline in volunteers, except in rural areas. He said

citizens expect a fire truck or ambulance to arrive in a reasonable amount of time
because they pay for these services through taxes.
Administrator Paxton explained that the Board does not need to determine
whether they are in favor of this program at this time. Board action is required to
move forward with an RFP to obtain additional information about third party billing
for EMS calls so the Board can decide whether to pursue billing for emergency
services.
Supervisor Cuevas was concerned about how volunteer organizations will be

affected, how money will be collected and distributed, and whether fire and rescue
companies will compete. He does not want to discourage volunteer participation and
community involvement.
December 10, 2008 (13)
Supervisor Kyger noted that many agencies currently bill for services. He
anticipates that in the next five years 80-90% of Virginia emergency service agencies
will bill for their services. West Virginia and North Carolina already bill for
emergency services by state legislative action. He said the results of the RFP will
provide information regarding how the system works. Supervisor Kyger does not
anticipate competition between agencies due to the use of central dispatch.
Supervisor Eberly would like to have flexibility for the agencies to decide
whether to charge nuisance callers.
Supervisor Cuevas stated the issue was complex. The next step has to be an
educational process to understand how this billing program works. He said fire and
rescue are indispensible community services.
Supervisor Breeden asked that Chief Symons make sure the volunteer agencies
know the Board is soliciting for an RFP and is not moving to a pay-for-service system
at this time.
Supervisor Kyger reported that a fire department in his district requested 24-
hour, 7-day a week coverage and is looking for ways to raise money to provide this
service.
On motion by Supervisor Kyger, seconded by Supervisor Cuevas and carried

EBERLY – AYE; KYGER - AYE; FLOYD - AYE; the Board authorized the County
Administrator to issue a Request for Proposal for a third party administrator to bill for
emergency medical services.
------
Administrator Paxton received a copy of a letter of agreement modifying the

Memorandum of Agreement (MOA) between SRI, the Commonwealth, James
Madison University, the City of Harrisonburg and the County. The letter of agreement
clarifies when SRI is to receive State funding and what happens to the money if SRI
does not complete the project or ceases operation. Administrator Paxton said the
original MOA addressed these issues but the General Assembly had questions
regarding the language. This letter has been approved by all the other parties involved.

EBERLY – AYE; KYGER - AYE; FLOYD - AYE; the Board authorized the County
Administrator to execute a letter of agreement on behalf of Rockingham County which
clarifies the SRI Memorandum of Understanding.
oooooOooooo
COUNTY ATTORNEY'S STAFF REPORT.
Mr. Miller did not have a written staff report.
oooooOooooo
DEPUTY COUNTY ADMINISTRATOR'S STAFF REPORT.
Mr. King did not have a written staff report.
oooooOooooo
FINANCE DIRECTOR'S STAFF REPORT.
Mr. Allmendinger did not have a written staff report.

December 10, 2008 (14)
oooooOooooo
HUMAN RESOURCES DIRECTOR'S STAFF REPORT.
Mr. Riddlebarger did not have a written staff report.
oooooOooooo
PUBLIC WORKS DIRECTOR'S STAFF REPORT.
The Board received and reviewed Mr. Heidt’s staff report dated December 10,
2008, which stated the following:
• McGaheysville Wastewater Treatment Plant – Pipeline work is 32%

complete and lift station work is 30% complete. A bid summary and
recommendation will be presented to the Board for action in January.
• Landfill – The Part A Application for Phase V was submitted to DEQ for
review and comment. The TARP system for alternative daily cover has
been in service two months. A performance evaluation report will be
submitted to DEQ on December 15, 2008. If approved, this system will
save the County over $70,000 annually in Posi-Shell lease and material cost
avoidance.
• Three Springs Water System – County staff met with the City to discuss
collective future water supply needs at specified points of delivery to the
County and steps for moving forward with a hydraulic analysis of the City
and County distribution systems. This study will also analyze additional
transmission needs that may be required to fully leverage the joint water
supply initiative with the City. Proposals for completion of the hydraulic
analysis and capital cost estimates have been solicited.
• Pleasant Run Sewer Interceptor and Water Supply Line – This project is in
service. The final walk through has not taken place and some minor
changes are likely.
• Landfill Gas Utilization Initiative –Ameresco withdrew their conceptual
proposal and does not intend to submit a final design/build offering. The
SCS/Peed & Bortz team is working on a final design/build proposal for
submission to the County in January. An informal pre-bid meeting was
held to review the final gas line routing and examine current site conditions
at the RMH facility energy center.
• Highland Park and Belmont Sewage Lift Stations –The Highland Park lift
station upgrade has been commissioned. The Belmont lift station upgrade
notice to proceed has been issued to Anderson Construction with an official
start date of January 5, 2009.
oooooOooooo
COMMUNITY DEVELOPMENT DIRECTOR'S STAFF REPORT.
The Board received and reviewed Mr. Vaughn’s staff report dated December
10, 2008, which included a commercial zoning districts ordinance revision to the
Zoning Ordinance, a summary of special-use permit and rezoning requests, and a
Comprehensive Plan Amendment.
oooooOooooo
INFORMATION SYSTEMS DIRECTOR’S STAFF REPORT.
The Board received and reviewed Mr. O’Byrne’s staff report dated December
4, 2008, which included updates on Phase 2 of the Perceptive Software/Image Now
content management software implementation, Windows XP desktop operating system
December 10, 2008 (15)
conversions, Windows server migration, remote access software, e-mail archiving, and
Intranet portal development.
The next meeting for the Information Technology Advisory Committee is

January 26, 2009 at 3:00 p.m.
oooooOooooo
FIRE AND RESCUE CHIEF’S STAFF REPORT.
The Board received and reviewed Chief Symons staff report dated December 1,
2008, which included personnel issues and a summary of the activities of the Training,
Prevention, and Public Education divisions, the Assistant Chief of Administration/
Emergency Medical Officer and Assistant Chief of Operations.
oooooOooooo
RECREATION AND FACILITIES DIRECTOR’S STAFF REPORT.
The Board received and reviewed Mr. Eberly’s staff report dated December 5,
2008, which included personnel issues, facilities maintenance, and recreation
programs.
Supervisor Eberly expressed appreciation for the improvements made in the

Board of Supervisors Meeting Room. Mr. King noted that Teddy Hensley, A. J.
Simmons and John Cooper were actively involved in the remodeling project.
oooooOooooo
APPOINTMENTS.
On behalf of Chairman Floyd, on motion by Supervisor Kyger, seconded by

Supervisor Cuevas and carried by a vote of 5 to 0, voting recorded as follows:
BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER -
AYE; the Board appointed Eric Figgatt to the Recreation Commission District 3 seat
for a four-year term beginning January 1, 2009 and expiring December 31, 2012.
------
Discussion ensued regarding the re-appointment/replacement of two members

of the Blue Ridge Disability Services Board. Supervisor Cuevas requested the
appointments be delayed until he reviews the list of members on this Board.
oooooOooooo
RABIES CLINIC.

EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board approved the following
rabies clinics conducted by Heartland Veterinary Clinic and sponsored by the
following groups and individual in January 2009:
• Fulks Run Ruritan Club at Fulks Run Ruritan Park;

• Mountain Valley Hunt Club at the Mountain Valley/Tenth Legion
Senior Citizens Center;
• Eppard’s garage in Elkton provided by Weldon Dean;
• Port Republic 4-H Club at the Grottoes Rescue Squad.
oooooOooooo
December 10, 2008 (16)
ABSTRACT OF VOTES – NOVEMBER 2008 GENERAL ELECTION.
Registrar Douglas Geib reported that the 2008 general election was successful
with 77% of registered County voters participating. This was not a significant increase
as the County has historically had an active voter turnout. The number of absentee
voters (2,236) was substantially higher than other presidential elections and Mr. Geib
expects that number will continue to grow. He reported that five of the largest
precincts used electronic pollbooks for the first time, which went well after some early
morning glitches were resolved. 219 election officers covered 29 precincts and four
additional employees were hired during the last several weeks prior to the election.
The cost for the election was $66,243.07 or $1.98 per voter.
In the future, Mr. Geib would like to increase the use of electronic pollbooks
and expand the County’s voting website.
There was discussion regarding voter registration practices and qualifications,

voter education for high school students and protection for registrars from lawsuits.

EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board instructed the Clerk to
include the following abstract of votes from the 2008 General Election in the minutes
of the meeting:
ABSTRACT OF VOTES
cast in the County of Rockingham , Virginia,

at the November 4, 2008 General Election, for:
ELECTORS FOR
PRESIDENT AND VICE PRESIDENT
OF THE UNITED STATES
THE TABULATION FOR EACH ELECTOR ENTERED IN THIS ELECTION IS AS FOLLOWS:
Democratic Party for Electors for Barack Obama, President and Joe Biden, Vice President
Christia V. Rey Marc L. Finney Marian A. Van Landingham Janet A. Carver

Sandra W. Brandt Dorothy S. Blackwell Robert Edgar Childress, Jr. Michael Jon Khandelwal
Betty L. Squire James Harold Allen Boyd Rolland D. Winter Sophie Ann Salley
Susan Johnston Rowland
Total Votes Received 10,453
Republican Party for Electors for John McCain, President and Sarah Palin, Vice President
Janet A. Jackson George A. Sterling R. Christian Hoff William Wickham Hanks

David E. Nygaard Richard Allen Claybrook, Jr. Sydney Strother Smith III Thomas E. Foley
Arthur Lee Talley, Jr. Linwood M. Cobb III Barbara “Bobbie” Greene James K. “Jay” O’Brien, Jr.
Wayne Junius Ozmore, Jr. Kilberg
Total Votes Received 22,468
Independent Green Party for Electors for Chuck Baldwin, President and Darrell L. Castle, Vice President
Craig E. Ennis Sherman D. Witcher Glenda Gail Parker David William Gillis, Jr.
D. C. Amarasinghe Joseph L. LeBlanc George R. Wood Carey C. Campbell
William K. Grogan Brian Taylor Harlan Fred Wahlert Mario T. Palmiotto
Albert P. Burckard, Jr.
Total Votes Received 64

December 10, 2008 (17)
Libertarian Party for Electors for Bob Barr, President and Wayne A. Root, Vice President
K. M. Offerman Lindsey M. Burke Donald Edward Ferguson Scott T. Wakeman

Henry T. Thrasher Elizabeth Blanton Bowles James W. Lark III Leonard T. Harris
Sanford J. Pankin George Nicholas Wilbur N. Wood III L. Marc Montoni
William Donald Tabor, Jr. Marchenko
Green Party for Electors for Cynthia McKinney, President and Rosa Clemente, Vice President
Christopher E. Fink Jana Lee Cutlip Kirit Mookerjee Paul S. Hughes

Edmund Everett Dowe II Daniel A. Metraux Clifford Barry Anderson James R. Lowenstern
Rain Burroughs John B. Gallini Mary Theresa Schmidt Tamar B. Yager
Richard A. Miller Taylor
Independent for Electors for Ralph Nader, President and Matt Gonzalez, Vice President
Ashley Elizabeth Slaff Jeffrey C. Mitchell Henry A. Perretta Michael Joseph Smith
Adrienne Nicole Cottle Raymond W. Fary Matthew Lee Alley Dena May Cottle
Nicholas William Johnson Michael Lee Ogilvie Daniel J. Christakos Rickey Ray Johnson
Erick W. Brucker
Total Write-In Votes 65
Total Number Of Overvotes For Office 0
WRITE-INS CERTIFICATION
Electors for President and Vice President
Rockingham
; COUNTY CITY November 4, 2008 General Election
WRITE-INS - SUMMARY TOTAL VOTES

RECEIVED
(IN FIGURES)
1. Invalid Write-Ins 65
2. Valid Write-Ins 0
3. Total Write-Ins 65
VALID WRITE-INS - DETAIL TOTAL VOTES

RECEIVED
(IN FIGURES)
Jonathan Allen/Jeffrey Stath 0
Keith Russell Judd/Monty W. Judd 0
Alan Keyes/Steve Schulin 0
Brian Moore/Stewart A. Alexander 0

December 10, 2008 (18)
ABSTRACT OF VOTES
cast in the County of Rockingham_________, Virginia,

MEMBER
UNITED STATES SENATE
TOTAL VOTES
RECEIVED
NAMES OF CANDIDATES AS PRINTED ON BALLOT (IN FIGURES)
Mark R. Warner - D 15,475
James S. “Jim” Gilmore III - R 17,156
Glenda Gail Parker - IG 148
William B. Redpath - L 142
Total Number of Overvotes for Office 0
ABSTRACT OF VOTES
MEMBER
HOUSE OF REPRESENTATIVES
6TH District
TOTAL VOTES
RECEIVED
S. “Sam” Rasoul - D 8,856
R. W. “Bob” Goodlatte - R 23,210
Janice Lee Allen - I 768
ABSTRACT OF VOTES

at the November 4, 2008 Special Election, for:
COMMISSIONER OF REVENUE
TOTAL VOTES
RECEIVED
Esther M. Nizer 9,439

December 10, 2008 (19)
Lowell R. Barb 20,321
ABSTRACT OF VOTES
cast in the Town of Bridgewater in the County of Rockingham , Virginia,
MAYOR
TOTAL VOTES
RECEIVED
Hallie D. Dinkel 2,292
MEMBER
TOWN COUNCIL
TOTAL VOTES
RECEIVED
Roscoe E. Burgess, Sr. 1,958
Rosetta W. Harris 1,498
William D. “Bill” Miracle 1,528
Steven A. Schofield 1,154
ABSTRACT OF VOTES
cast in the Town of Dayton in the County of Rockingham , Virginia,
MAYOR
TOTAL VOTES
RECEIVED
L. J. Purcell 413
Judy Ann Way 313

December 10, 2008 (20)
MEMBER
TOWN COUNCIL
TOTAL VOTES
RECEIVED
Donna W. Bodkin 428
Daren Todd Butcher 200
Lisa R. Halterman 409
Cary Alan Jackson 278
Charles T. Long 314
Donna Huffman McCormick 374
Jeffrey S. McNeal 253
Charles N. Rhodes 243
ABSTRACT OF VOTES
cast in the Town of Elkton in the County of Rockingham , Virginia,
MAYOR
TOTAL VOTES
RECEIVED
Larry A. Bompiani 808
Wayne E. Printz 470
MEMBER
TOWN COUNCIL
TOTAL VOTES
RECEIVED
Margaretta Dean Isom 645
Theodore O. Pence 585
Stephen W. Sigafoose 474
Randell L. Snow 619

December 10, 2008 (21)
Phillip “Rick” Workman II 715
Victor Corbo 233
WRITE-INS CERTIFICATION
Rockingham ; General Special Election

; COUNTY CITY
November 4, 2008
Member Town Council
Elkton (501), 6th District
WRITE-INS - SUMMARY TOTAL VOTES

RECEIVED
(IN FIGURES)
1. Invalid Write-Ins 31
2. Valid Write-Ins 233
3. Total Write-Ins 264
VALID WRITE-INS - DETAIL TOTAL VOTES

RECEIVED
(IN FIGURES)
Victor Corbo 233
ABSTRACT OF VOTES
cast in the Town of Grottoes in the County of Rockingham , Virginia,

MAYOR
TOTAL VOTES
RECEIVED
Joe L. Morris 981
MEMBER
TOWN COUNCIL
TOTAL VOTES
RECEIVED
Berton G. Austin, Jr. 630
John J. Funk 738

December 10, 2008 (22)
James C. Justis 689
ABSTRACT OF VOTES
cast in the Town of Mt. Crawford in the County of Rockingham , Virginia,

MAYOR
TOTAL VOTES
RECEIVED
Alfred L. Cook 185
MEMBER
TOWN COUNCIL
TOTAL VOTES
RECEIVED
Toni B. Ray 140
Shane D. Stevens 130
Merritt P. “Bud” Walls 133
ABSTRACT OF VOTES
cast in the Town of Timberville in the County of Rockingham , Virginia,
MAYOR
TOTAL VOTES
RECEIVED
Don P. Delaughter, Jr. 693

December 10, 2008 (23)
MEMBER
TOWN COUNCIL
TOTAL VOTES
RECEIVED
Robert E. Blosser, Jr. 532
Juanita F. Price 459
Carl H. Turner 485
ABSTRACT OF VOTES
cast in the County of Rockingham, Virginia,

at the November 4, 2008 Special Election, for:
FOOD AND BEVERAGE TAX
QUESTION: Shall the Board of Supervisors of Rockingham County, Virginia, impose

a food and beverage tax in Rockingham County, the proceeds of which to be used for
the construction and operation of public schools in Rockingham County, Virginia, as
authorized by state law?
TOTAL VOTES
RECEIVED
(IN FIGURES)
YES 15,079
NO 17,122
oooooOooooo
COMMITTEE REPORTS.
The Board heard the following committee reports from staff and Board
members:
CHAMBER OF COMMERCE
Supervisor Eberly asked Board members to let the Deputy Clerks know if they
plan to attend the Chamber of Commerce Banquet on January 7, 2009.
FINANCE
On motion by Supervisor Cuevas, seconded by Supervisor Breeden and carried

EBERLY - AYE; FLOYD - AYE; KYGER - AYE; the Board approved the following
supplemental appropriations and transfer recommended by the Finance Committee:
Harrisonburg – Rockingham Office of Comprehensive Services
Local CSA Program Administrator’s supplemental appropriation of $606,850

(Rockingham County $337,610 and Harrisonburg City $269,240) to cover the costs of
the local Medicaid match.
December 10, 2008 (24)
Supplemental Appropriation: $606,580
$337,610 GL Code: 225-05318-100-5771-000 Medicaid Adjustment - County

$269,240 GL Code: 225-05318-200-5771-000 Medicaid Adjustment - City
$337,610 GL Code: 225-02401-0300 Medicaid Adjustment - County
$269,240 GL Code: 225-02401-0400 Medicaid Adjustment - City
An adjustment to the budget transferring funding of the Medicaid adjustment from

state revenue to local funding.
Revenue Adjustment:
($606,850) GL Code: 225-02401-0100 CSA – State Reimbursement

$337,610 GL Code: 225-05101-2001 Transfer from General Fund
$269,240 GL Code: 225-01899-0600 Share of Costs – Harrisonburg
General Fund
Local CSA Program Administrator’s supplemental appropriation of $337,610 for

Rockingham County’s portion of the local Medicaid match. The cost will be funded
by the General Fund Reserve.
Supplemental Appropriation: $337,610
$337,610 GL Code: 001-09301-000-9528-000 Transfer to CSA

$337,610 GL Code: 001-05201-0100 General Fund Reserve
E911 Communications
A transfer of $1,817,999 from the E911 Fund to the General Fund which represents the
fund reserve of the E911 Fund at June 30, 2008. This request was made because the
E911 Fund was no longer a special revenue fund and the activity was absorbed by the
General Fund.
-----
Supervisor Cuevas reported that the Clerk of the Court requested money be
refunded to the State for the unused portion of a grant.

EBERLY - AYE; FLOYD - AYE; KYGER - AYE; the Board authorized
Administrator Paxton and Finance Director Allmendinger to reimburse the Library of
Virginia as follows:
Reimbursement of funds to the Library of Virginia that were received on May 26,
2004. The funds were for a reformatting grant, but the Library of Virginia will have
this reformatting done in-house.
Supplemental Appropriation: $375,780.25
$375,780.25 GL Code: 001-02106-150-3109-000 Other Professional

Services
$375,780.25 GL Code: 001-05201-0100 General Fund Reserve
PUBLIC WORKS

EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board authorized the purchase
December 10, 2008 (25)
of a CAT 301.8C Mini Hydraulic Excavator for $30,600 from Carter Machinery
through the NJPA nationwide contract with the understanding that final authorization
of this purchase and a grant fund reimbursement commitment will be obtained from
USDA prior to placing the order.
SOCIAL SERVICES
Supervisor Breeden reported that the Saturday with Santa Christmas gift
program was expanded to 800 children (150 more than last year).
VIRGINIA ASSOCIATION OF COUNTIES (VACo)
Supervisor Kyger noted that he met with the Governor’s Assistant Suzette
Denslow and Virginia Municipal League representatives regarding pending additional
budget cuts by the Governor. He, Supervisor Cuevas and Administrator Paxton helped
the two groups draft resolutions regarding budget cuts. The projected budget cuts over
the bi-annium are $3.5 billion ($1 billion during the current year). He further indicated
state and local obligations will be handled differently in the future. There will be
major cuts in K-12 education, the Sheriff’s department, public safety money and for
Constitutional Officers.
Administrator Paxton stated he and Supervisor Kyger will attend the National
Association of Counties (NACo) Legislative Meeting in Washington, DC in March.
He asked that other Board members who would like to attend inform him as soon as
possible.
Administrator Paxton reminded the Board of the VACo/VML (Virginia

Municipal League) Legislative Day in Richmond on February 5, 2009. He will find
out if there will be a legislative dinner.
In response to a question from Supervisor Cuevas, Administrator Paxton stated

the County will not be responsible for the car tax if it is eliminated by the General
Assembly. The County will discontinue including car tax credits on bills and the only
effect to the County will be that the money will come from the taxpayers instead of the
State.
oooooOooooo
RECESS FOR DINNER.
Chairman Floyd called a recess for dinner at 4:56 p.m.
oooooOooooo
PUBLIC HEARING – COMPREHENSIVE PLAN AMENDMENT.
At 7:00 p.m., Chairman Floyd opened the meeting and informed the public that
the following amendment to the Comprehensive Plan was withdrawn.
CP08-01 Valley Engineering, Surveying, and Planning, Inc., 3231 Peoples Drive,
Harrisonburg, to amend the Comprehensive Plan’s Conceptual Land
Use Plan map regarding tax parcels 124-(A)- L121, L98, and L119 and
125-(3)- L2. The amendment proposes redesignating a 283-acre area;
located north and south of Osceola Springs Road, east and west of
Pleasant Valley Road, and west of Spaders Church Road; from
Industrial and Agricultural Reserve to Community Residential.
oooooOooooo
December 10, 2008 (26)
PUBLIC HEARING – REZONING REQUEST.
At 7:01 p.m., Chairman Floyd declared the meeting open for a public hearing
on the following rezoning request which Ms. Henderson reviewed.
RZ08-15 Shenandoah Mobile Company, P.O. Box 459, Edinburg, Virginia, to

amend a .006-acre portion of the 52.381-acre Massanutten Water Park
Master Plan for tax parcel 129-(A)-L27A. The Massanutten Water
Park, zoned PCD (Planned Commercial Development), is located on
Resort Drive (Route 644) approximately 1,000 feet north of Spotswood
Trail (Route 33), in Election District #5. The McGaheysville Area Plan
designates this area as Existing Resort-Related Development. The
applicant is proposing to lease a 12’x20’ area to the north side of the
existing Water Park for a 100-foot stealth flagpole cell tower.
Staff recommended approval and the Planning Commission concurred on

November 5, 2008.
Paula Figgatt from Shenandoah Mobile Company stated this tower will provide
cell phone coverage through the Massanutten area, particularly the water park. The
stealth flagpole will be 80 feet tall.
Len Greisz from Shenandoah Mobile Company (Shentel) was available to

answer questions. In response to a question from Supervisor Breeden, Mr. Greisz
indicated there was no collocation space available on the tower at the entrance to
Massanutten.
No opposition was expressed.
-----
At 7:05 p.m., Chairman Floyd closed the public hearing and called the regular
meeting to order.
-----
On motion by Supervisor Breeden, seconded by Supervisor Kyger and carried

EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board approved request RZ08-
15, Shenandoah Mobile Company, P.O. Box 459, Edinburg, Virginia, to amend a .006-
acre portion of the 52.381-acre Massanutten Water Park Master Plan for tax parcel
129-(A)-L27A. The Massanutten Water Park, zoned PCD (Planned Commercial
Development), is located on Resort Drive (Route 644) approximately 1,000 feet north
of Spotswood Trail (Route 33), in Election District #5.
oooooOooooo
PUBLIC HEARING – SPECIAL USE PERMIT REQUESTS.
At 7:06 p.m., Chairman Floyd declared the meeting open for a public hearing
on the following special-use permit applications. Ms. Stultz reviewed each request.
S08-47 Solaya, Inc., 56 Cummings Park, Woburn, Massachusetts, for a

meteorological data tower (wind turbine) on property located at 13056
Cow Knob Road, Criders, on the east side of Cow Knob Road (private)
approximately 3/4 mile south of Criders Road (Route 826); Election
District #1; Zoned A-2; Tax Map #14-(A)-3.
Bill Rogers from Solaya explained that Solaya, Inc. is working in cooperation
with a group of landowners who are requesting the tower be put up to measure wind
speed and direction. After one year, when data is obtained, the tower will be removed
from the site.
December 10, 2008 (27)
Chris Bolgiano, the Fulks Run Ruritan Club reporter for the North Fork Journal,
expressed concern that this wind turbine is a step toward a full industrial wind
installation. Ms. Bolgiano stated the U. S. Fish and Wildlife Service is opposed to wind
turbines due to their effect on wildlife. She pointed out that Highland County spent
five years discussing a wind proposal with similar issues. She hopes the Board will
familiarize themselves with the Virginia State Corporation Commission regulations and
use their guidelines for responsible wind turbines. If approved, she also hopes the
County will place the following conditions on the applicant: obtain all relevant permits,
allow agencies access to the tower, follow post-construction wildlife monitoring
procedures, and have a decommissioning fund at the end of the tower’s life cycle to
remove the turbine and foundation which consists of hundreds of tons of concrete. She
stated there should be public input into the drafting of a County wind ordinance as
many people do not want them on National Forest land due to land destruction, and a
detailed site plan should be required from the applicant. She also stated with no
property tax collected on National Forest land, there is no mechanism for communities
to share in the revenue. Ms. Bolgiano stated Dr. Nina Pierpont, author of Wind Turbine
Syndrome, recommends a setback of at least two miles from residences or schools due
to noise from turbines.
Kim Sandum indicated she does not have a problem with this tower but she is
concerned this may be a precursor to other wind projects and urged the Board to be
prepared for a larger wind project. The County currently only has zoning for small
wind turbines and is drafting a new ordinance. Ms. Sandum previously provided
Community Development with a draft ordinance developed by a land planner working
for the Shenandoah Valley Network. She stated the best wind sites in Virginia are off
the coast. In a November 16, 2007 letter, a federal agency expressed concerns on
impacts on wildlife and listed several species of concern, said Ms. Sandum.
Jonathan Miles, a professor of Integrated Science and Technology at JMU, who

is on an assignment with the U.S. Department of Energy in Washington, D.C., offered
to clarify questions and concerns of previous speakers. In regard to concerns pertaining
to the development of wind projects, he said the request is for a single tower and it will
take over a year to determine how a wind park might materialize. He said the
Department of Energy issued a report suggesting that by 2030, 20% of the United
States’ energy will come from wind. Virginia is a wind energy contributor, both off-
and on-shore. He stated it is important to consider land- and water-based resources
such as biofuels. Interim guidelines set years ago by the U.S. Fish and Wildlife Service
are under scrutiny. Impact to wildlife needs to be minimized. He suggested
consideration of a bat-wind collaborative that will have new recommendations next
year, and he recommended that the Board visit a wind farm.
Supervisor Cuevas informed Mr. Miles that several Board members and staff
spent a day at Mount Storm with Dominion Power and spoke with some of the local
residents and landowners where towers were placed. Supervisor Cuevas also attended
three meetings of different companies regarding wind turbines. County staff has been
in contact with officials where wind towers are in operation and are reviewing their
ordinances. He noted this is a serious issue since it appears the new administration will
emphasize alternative sources of energy.
Larry Thomas, President of Friends of Beautiful Pendleton County, a group of

concerned citizens and property owners trying to preserve rich heritage and the
environment, said this wind project will also be located in Pendleton County, West
Virginia. His group is concerned by the U.S. Fish and Wildlife Service’s letter
regarding the high risk to endangered species. They are also concerned with
infrastructure problems created by these wind projects, Mr. Thomas said.
In response to a question from Supervisor Cuevas, Mr. Thomas said Pendleton

County has no zoning ordinances.
-----
December 10, 2008 (28)
S08-48 Lincoln Homestead Farm, Inc., 7884 Harpine Highway, Linville, for a
residence involving a non-family division on property located on the
east side of Harpine Highway (Route 42) approximately 1/4 mile
northeast of Williamsburg Road (Route 782); Election District #2;
Zoned A-1; Tax Map #65-(A)-19.
Ms. Stultz presented a letter from Phillip C. Stone, President of the Lincoln
Society, which states “The Society has reached an agreement, conditioned on the
ability to get the property divided, to take an option on the parcel containing the
Lincoln Homestead and family cemetery for a period of up to two years.” During the
two years, the Society will pursue funding to acquire, restore and maintain the Lincoln
Homestead as a museum.
Ms. Stultz informed the Board that the cemetery is on a separate parcel of land
with a separate tax map number in the middle of the remaining acreage. Ms. Stultz
and the Shank family believe the Shanks are the owners of the cemetery plot but land
records indicate the cemetery landowner resides on Turleytown Road. A letter sent to
the address on record was returned. According to Ms. Stultz, dividing 10 acres off
from the parent tract would allow a dwelling to be built on the remaining 41 acres.
She explained that the house and acreage could be handled as an adjoining transfer
without a special-use permit. If the Society is unable to raise the necessary funds
during the two-year option period, and the division has been done, the house and 10
acres can be sold to anyone.
In response to a question from Supervisor Eberly regarding whether the Shank

family could obtain a historical designation and tie the property up as historical
property, Ms. Stultz said she would need to look into that. The division can be made
anytime during the two-year option period and the Zoning Administrator may grant an
additional two-year extension. If the division is not made, the property can become
one parcel again. Ms. Stultz also noted there is no condition stating the property has to
go to a historical society. Since the property is zoned A-1, it can be used for anything
currently allowed in an A-1 zoned area.
Supervisor Kyger stated that restricting the use of the property from what it can
currently be used for can be considered a “taking” of the property.
In response to a question from Supervisor Cuevas, Ms. Stultz explained that if

the special-use permit is approved, the division is made and the house does not become
a historical site, the property could be used for any purpose and a residence can be
built on the remaining property by right because this is a non-family division.
Richard Shank, part owner of the Lincoln Homestead, stated the home is a
Virginia Historical Property. The Shank family thought they owned the cemetery until
they found out it is listed under a different address. This is the Lincoln family
cemetery and two of Lincoln’s slaves are also buried there.
Kathie See from KlineMay Realty, who is working with the Shank family,
indicated the family would like the property to remain historical but it is a big project
for an individual to purchase the land and renovate the home. She said new legislation
was passed making grants available for the restoration of Presidential properties.
In response to a question from Supervisor Cuevas, Ms. Stultz clarified that

there is no guarantee the property will remain in place for historical purposes.
County Attorney Miller stated the reason for the special-use permit is that this
property is zoned A-1 and to be subdivided, unless a residence is already on both
parcels, both the new parcel and remaining parcel require special-use permits be
issued. The fact that this is a historical house has no bearing on the request so there are
no conditions regarding the historical nature of the property.
December 10, 2008 (29)
Ms. Stultz explained that the property can be divided for a family member or as
an adjoining transfer at any time without requiring Board approval. If either property
does not contain a house, a non-family request has to come before the Board. If there
was currently a house on both properties, the owner would not need to come before the
Board.
-----
S08-49 Dean and Kim Withers, 18012 New Market Road, Timberville, for a
residence involving a non-family division on property located on the
south side of New Market Road (Route 211) approximately 1,800 feet
east of Henkel Lane (private); Election District #1; Zoned A-2; Tax
Map #41-(A)-74A.
Ms. Stultz provided Board members with a note of opposition from Daniel
Bender indicating he thought the County was discouraging rural development.
Kathie See from KlineMay Realty spoke on behalf of the Withers. This request
is on A-1 land which adjoins A-2 property and three small tracts along the road which
are zoned A-1. Ms. See noted the small A-2 tract is not prime agricultural land as it is
wooded and hilly. If the Withers want to build a house on this property in the future, a
special-use permit would be required. This land is not suitable to be a working farm.
She stated the Withers want to sell this tract of land due to family health issues.
Mike Pugh asked for support for Mr. and Mrs. Withers because they are
making this request due to very serious health issues.
-----
S08-50 Fox Run Farms, L.L.C., 825 Chapel Hill Lane, Weyers Cave, for
biodiesel production not to exceed 1,500 gallons per day for private use
and commercial wholesale on property located at 1936 Cecil Wampler
Road, Mt. Crawford, on the south side of Cecil Wampler Road (Route
704) approximately 1,500 feet west of Pleasant Valley Road (Route
679); Election District #3; Zoned A-2; Tax Map #124C-(A)-34 and
#124C-(A)-35.
Ms. Stultz noted that the applicant obtained a special-use permit to convert the
feed mill to a commercial feed mill earlier this year and the fire marshal had some
issues with the site plan submitted at that time. If this request is approved, another site
plan will be submitted. The soybeans used will be grown elsewhere and brought to the
property. A special-use permit goes with the land and Mr. Heatwole may not always
be the owner of the property. The building code requires handicapped rest rooms so he
would need to get septic approval and install restrooms in one of the business
buildings.
The applicant, Ian Heatwole, indicated the request will benefit the public
because he will process crops grown on his farm into higher-value products, provide
similar processing services for other farmers, expand marketing options for locally-
produced oil seeds and provide an opportunity for alternative oil seeds to be grown
locally. Mr. Heatwole stated this project is a green infrastructure and the limited size
of the operation substantiates the requisite to decentralize processing operations by
using local products that return back to the local community and eliminate shipping. It
is important to “Buy fresh, buy local” for the feed energy used to grow the produce,
Mr. Heatwole said.
Mr. Heatwole is currently using the site to process grains grown on his farm
into cattle feed. He highlighted the operation and his proposed use for this mill. A
mill has been in operation on this property for over 120 years. He stated that at one
December 10, 2008 (30)
time there were 40 mills in the area but this is the only one remaining in the County.
There will be no operational changes and the character of the site will not change
substantially. Mr. Heatwole requested that condition #4 requiring a handicapped
accessible restroom in one of the business buildings be removed. Mr. Heatwole said
when the special-use permit for the mill was approved in May 2008, the Health
Department had no problem with a restroom in Mr. Heatwole’s house serving the one
employee. He stated the benefit of an ordinance that allows him to seek this permit
was agreed upon by Board members who traveled to Bassett, Virginia, to visit Red
Birch Energy Inc.’s biodiesel site. Mr. Heatwole stated he has worked cooperatively
with the Board and staff to bring appropriate scale biodiesel and biofuel production to
the Valley.
Administrator Paxton confirmed with Community Development that the

handicapped-accessible restroom is a building code requirement. He informed Mr.
Heatwole that even if the Board eliminated this condition, he will not be able to
conduct his business as the County does not have the authority to waive Statewide
Building Code requirements. This is not an issue for the Board; it is an issue between
Mr. Heatwole and the building official, Administrator Paxton stated.
Attorney Miller and Ms. Stultz explained that a condition of a special-use

permit could be worded that “All requirements of the Statewide Building Code shall be
met” but the likelihood is that there will be a requirement for a handicapped-accessible
bathroom. Ms. Stultz stated that in the past some applicants did not understand the
Statewide Building Code requirements and the Board requested that they be added to
the conditions so there would be no misunderstanding.
In response to a question from Supervisor Cuevas, Ms. Stultz said the first
special-use permit indicated Mr. Heatwole must meet the Statewide Building Code. It
did not specifically address the handicapped-accessible restroom.
Mr. Heatwole said he thought the first permit stated the bathroom in the house
could serve the business.
Administrator Paxton said if the Board determines the special-use permit

should be granted the bathroom requirement will be determined by the Health
Department and Building Official/Inspection Department outside of this special-use
request. He said the information is included in the permit so the applicant knows up
front what conditions they must meet.
Anthony Beery, a farmer and current owner of the mill, is excited about the
possibility of producing fuel and feed locally. He has a supply of soybeans but no
market for them, so this mill would expand his options. Soybeans are a good crop
rotation with corn. He emphasized that this mill is not only for Mr. Heatwole’s private
use but for use by other farmers. Mr. Beery noted farming is very capital intensive so
developing a site to help other farmers makes economic sense, and the negative impact
of odor or noise to the surrounding area is minimal. The mill would provide farmers
with more options so he urged to the Board to approve this request.
Steve Boyle stated that he lives 150 feet east of the mill and he disagreed that
there is minimal pollution because there is a lot of noise and dust pollution, as well as
particulate matter. He expressed concern about the impact this mill will have on the
residential area. Mr. Boyle stated he had done research on biodiesel fuel and provided
several articles to the Board regarding the hazards of biodiesel fuel production. One
article he referred to stated that production of biodiesel fuel produces less air pollution,
but must be done in areas zoned for industrial uses because flammable fluids are
produced. He stated that the article, “Getting Serious about Safety” indicates
production can be dangerous and should be treated like any other chemical process
which can cause fires or explosions. Safety can be compromised in smaller plants
trying to produce at minimal costs. He noted that this mill burned to the ground 12 to
15 years ago and was rebuilt. Mr. Boyle said the mill smells like burnt popcorn and
December 10, 2008 (31)
nauseates him. He asked that the production of biofuels not be allowed in the
residential area.
Dick Wettstone, a resident near the mill, indicated he supports farmers and
alternative fuel production, but he was concerned about the location of the mill.
According to his research, the fuel should be produced in an industrial zone or isolated
area. Mr. Wettstone expressed concern about water contamination, fire hazards, odor
and air pollution. He asked the Board to consider this request carefully due to the risks
involved in this process in a residential area.
Frank Johnson, who lives directly across the road from Steve Boyle, said he
was concerned about fire hazards and he currently endures dust and odors. He said this
production can be very dangerous if not handled properly and if there is an explosion
during high winds, homes could be lost.
-----
S08-51 Alayne Hartuniewicz, 2751 Harpine Highway, Harrisonburg, for a

commercial kennel operation (train and breed dogs – no on-site pick ups
and no on-site sales) on property located on the southwest side of
Harpine Highway (Route 42) and Deavers Lane (private); Election
District #2; Zoned A-2; Tax Map #94A-(1)-4B.
Ms. Stultz reported this request was the result of a zoning violation and
numerous complaints to the Zoning Administrator and the Sheriff’s Office.
Supervisor Eberly disclosed that he lives 4/10 of a mile from this property,
leases land for a cattle operation 100 yards from this property, and frequents Deavers
Lane to check on his cattle. Supervisor Eberly stated he is a distant neighbor, not an
adjoining neighbor, and is able to participate in the transaction fairly, objectively, and
in the public interest under Virginia Code 2.2-3114(G).
The applicant stated she has a temporary lease that expires May 1, 2009.
Although she has a kennel license which allows 20 dogs, she has 15 dogs and no
puppies. Ms. Hartuniewicz reported her dogs are show dogs and this is not a
commercial kennel. Since the kennels are 12 feet from the five-foot allowance from
the road, they are in compliance. The special-use permit summary states the property
has no building to house the dogs at night or during inclement weather, but Ms.
Hartuniewicz stated she brings the dogs in between 8:00 p.m. and 9:00 p.m. each night
and encloses them in crates on the porch with heat lamps to keep them warm. She
walks the dogs each morning and places them in kennels which are cleaned twice a day
with a mild mixture of ammonia or bleach. In regard to complaints, Ms. Hartuniewicz
stated the Sheriff’s Office received two complaints (9/23/08 and 10/8/08). After the
second complaint she purchased bark collars that the dogs wear daily. Since the
kennels are 12 feet from Deavers Lane, runoff from washing the cages should not be
an issue. The kennels are more than 45 feet from the closest property. She said a
veterinarian who visits at least twice a month told her the dogs are healthy and is
willing to supply a letter regarding care of the dogs.
Robert Deavers stated he came to the meeting with his 81 year-old father and
other neighbors who are concerned their wells will be affected by bleach and ammonia
going into the ground. Mr. Deavers has lived there 58 years and stated it was a quiet
neighborhood until last summer when neighbors could not put their windows up or sit
on their decks. Mr. Deavers indicated his father’s front door is 75 feet from where Ms.
Hartuniewicz walks the dogs and there is an odor. He presented a video tape of the
dogs barking after Ms. Hartuniewicz purchased the bark collars. Mr. Deavers said he
and his father would ask the Board to deny this request.
Ron White, a previous neighbor, sold a house trailer near Ms. Hartuniewicz.
He drove by recently and was shocked as the dogs were “yapping” the entire 15
minutes he was there. He expressed concern about property values and tax revenues in
the area.
Gloria McDonaldson noted that her father-in-law owned the house next door to
Ms. Hartuniewicz which she inherited. She plans to keep the well-maintained house as
a rental property but has been unable to rent it with a kennel next door. She stated the
house has been vacant since July.
December 10, 2008 (32)
Ms. Hartuniewicz responded that the neighbors have never complained to her.
She said she could bring the dogs in when someone comes to look at the rental
property next door. She keeps the lot clean and stated she will only be there four more
months. Regarding the dogs barking in the video, she stated it is a dog’s nature to bark
if a stranger comes on the property. She removes the bark collars during the day.
-----
S08-52 Jimmie L. Ritchie, Sr., 11997 Bulldog Hollow, Broadway, for a second
residence (for daughter) on property located on the west side of Bulldog
Hollow (Route 830) approximately 1.1 miles north of Mayland Road
(Route 259); Election District #1; Zoned A-2; Tax Map #52-(A)-284.
Betty Ritchie said she and her husband want to put a home in for their daughter
and hopes the Board will allow them to do so.
-----
At 8:42 p.m., Chairman Floyd declared the public hearing closed and
reconvened the regular meeting.
-----
Supervisor Cuevas explained that the test tower (wind turbine) project is
similar to cell towers that have been approved in the past. Since this is a temporary
tower to gauge the value of the site for possible uses in the future and only concerns
about those future uses, not opposition to this issue, were expressed, he is in favor of
approving the request.

EBERLY – AYE; FLOYD - AYE; KYGER - AYE; and subject to the following
conditions, the Board approved S08-47, Solaya, Inc., 56 Cummings Park, Woburn,
Massachusetts, for a meteorological data tower (wind turbine) on property located at
13056 Cow Knob Road, Criders, on the east side of Cow Knob Road (private)
approximately 3/4 mile south of Criders Road (Route 826); Election District #1; Zoned
A-2; Tax Map #14-(A)-3.
Conditions:
(1) Use shall be located in substantial accordance with plot plan as approved.
(2) As required by the Building Official, engineered drawings of the tower shall be
required, and the proper permits shall be obtained.
(3) After one year of testing, the subject tower shall be removed from the property.
The one year shall start with the date of the certificate of occupancy.
(4) This tower shall not exceed 195’ in height.
(5) This tower shall not be placed into operation until such time as a certificate of
occupancy is obtained from the County.
-----
Supervisor Eberly stated that he thinks it is in the public’s interest to protect the
Lincoln Homestead and cemetery but understands the Board cannot dictate how.
On motion by Supervisor Eberly, seconded by Supervisor Kyger and carried by

a vote of 5 to 0, voting recorded as follows: BREEDEN - AYE; CUEVAS - AYE;
EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board tabled S08-48, Lincoln
Homestead Farm, Inc., 7884 Harpine Highway, Linville, for a residence involving a
non-family division on property located on the east side of Harpine Highway (Route
December 10, 2008 (33)
42) approximately 1/4 mile northeast of Williamsburg Road (Route 782); Election
District #2; Zoned A-1; Tax Map #65-(A)-19.
-----
Supervisor Cuevas confirmed with Ms. Stultz that the Withers’ property had
been divided before with adjoining transfers. To be consistent with the Board’s
policies on A-1 land divisions for non-family members he recommended denial of this
request.
On motion by Supervisor Cuevas, seconded by Supervisor Eberly and carried

EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board denied S08-49, Dean
and Kim Withers, 18012 New Market Road, Timberville, for a residence involving a
non-family division on property located on the south side of New Market Road (Route
211) approximately 1,800 feet east of Henkel Lane (private); Election District #1;
Zoned A-2; Tax Map #41-(A)-74A.
-----
Chairman Floyd said due to concern from citizens, he would like the Board to
visit the Fox Run Farms site prior to the next board meeting, weather permitting.
Supervisor Cuevas stated action should be taken on this request at the next meeting so
Mr. Heatwole knows what direction he can take for this business.
On behalf of Chairman Floyd, on motion by Supervisor Kyger, seconded by

Supervisor Cuevas, with the understanding that a site visit be scheduled before the
January 14, 2009 meeting, and carried by a vote of 5 to 0, voting recorded as follows:
BREEDEN - AYE; CUEVAS - AYE; EBERLY – AYE; FLOYD - AYE; KYGER -
AYE; the Board tabled S08-50, Fox Run Farms, L.L.C., 825 Chapel Hill Lane, Weyers
Cave, for biodiesel production not to exceed 1,500 gallons per day for private use and
commercial wholesale on property located at 1936 Cecil Wampler Road, Mt.
Crawford, on the south side of Cecil Wampler Road (Route 704) approximately 1,500
feet west of Pleasant Valley Road (Route 679); Election District #3; Zoned A-2; Tax
Map #124C-(A)-34 and #124C-(A)-35.
Administrator Paxton stated the field trip to Fox Run Farms will be scheduled
at 1:30 p.m. on January 14, 2009.
-----
Supervisor Eberly indicated ¼ acre of land with houses in close proximity is

not enough property for a kennel with 12 or 20 dogs. He stated the property is an
inappropriate place for a kennel.

EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board denied S08-51, Alayne
Hartuniewicz, 2751 Harpine Highway, Harrisonburg, for a commercial kennel
operation (train and breed dogs – no on-site pick ups and no on-site sales) on property
located on the southwest side of Harpine Highway (Route 42) and Deavers Lane
(private); Election District #2; Zoned A-2; Tax Map #94A-(1)-4B.
-----
Supervisor Cuevas noted that Mr. Ritchie’s request is consistent with the policy
of the Board and the guidelines of comprehensive land use in A-1 districts.
On motion by Supervisor Cuevas, seconded by Supervisor Eberly and carried

EBERLY – AYE; FLOYD - AYE; KYGER - AYE; and subject to the following
December 10, 2008 (34)
conditions, the Board approved S08-52, Jimmie L. Ritchie, Sr., 11997 Bulldog Hollow,
Broadway, for a second residence (for daughter) on property located on the west side
of Bulldog Hollow (Route 830) approximately 1.1 miles north of Mayland Road
(Route 259); Election District #1; Zoned A-2; Tax Map #52-(A)-284.
Conditions:
(1) Use shall be located in substantial accordance with plot plan as approved.
(2) Residence shall comply with the Virginia Uniform Statewide Building Code and
the proper permits shall be obtained.
(3) Septic shall be installed in accordance with permit approved by the Health
Department.
(4) An entrance permit shall be obtained from VDOT’s Residency Office to

construct the entrance at the location approved by VDOT.
(5) The residence shall not be used for rental purposes.
(6) The residence shall not be occupied until such time as a certificate of occupancy
is issued by the County. No certificate of occupancy shall be issued until all
other conditions of this permit are met.
oooooOooooo
PUBLIC HEARING – ORDINANCE AMENDMENTS.
At 8:52 p.m., Chairman Floyd opened the public hearing to receive public
comment on the following ordinance amendments:
-----
An ordinance to Ordain Article III, Chapter 16A, Water and Sewer, Section 14,
Broadway Regional Wastewater Treatment System.
County Attorney Miller explained that a requirement of the Department of

Environmental Quality permit for the Broadway Regional Wastewater Treatment
System is that the System be able to enforce treatment standards on its customers.
Since some customers are in the County rather than the Town of Broadway, the Board
needs to approve this ordinance for Broadway to enforce its standards on County
customers.
No citizens spoke on this ordinance amendment.
-----
An amendment to Amend Chapter 6A, Elections, Section 6, Change Elkton

Polling Place.
Mr. Miller stated this ordinance amendment is to move the Elkton polling
location from the Municipal Building back to the Elkton - East Rockingham Area
Community Center.
No citizens spoke on this ordinance.
-----
An ordinance to Ordain Chapter 6 Buildings, Section 6-17.3, Establish Fees for

Review of Building Plans by the Fire Marshal and Collection of Fees.
Mr. Miller explained this ordinance establishes fees for the Fire Marshal to
review building plans and for those fees to be collected by the Community
December 10, 2008 (35)
Development Department when building permits are issued.
No citizens spoke on this ordinance.
-----
An ordinance amendment to Repeal and Re-ordain Chapter 6 Buildings,
Section 6-17.1(c), Amend Fees for Certain Building and Demolition Permits.
Mr. Miller stated this ordinance is to update the fees for certain building
permits and demolition permits. These fees will be collected by Community
Development when the permits are issued.
No citizens spoke on this ordinance amendment.
-----
At 8:56 p.m., Chairman Floyd closed this portion of the public hearing
and reconvened the regular meeting.
-----

EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board adopted the following
ordinance effective December 10, 2008:
ORDINANCE ENACTING
ARTICLE III,
SECTION 16A-14
OF THE CODE OF ORDINANCES
OF
ROCKINGHAM COUNTY, VIRGINIA
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROCKINGHAM

COUNTY, VIRGINIA:
That Article III, Section 16A-14. “Broadway Regional Wastewater Treatment System”
be and hereby is enacted as follows:
Article III. The Broadway Regional Wastewater Treatment System.

Section 16A-14. Broadway Regional Wastewater Treatment System.
The Town of Broadway, Virginia, a Virginia municipal corporation located

within Rockingham County, Virginia, owns and operates, as a publicly-owned
treatment works (POTW), a sewage treatment system, also known as the Broadway
Regional Wastewater Treatment System (the BRWTF). Certain permits issued to the
POTW under state and federal laws require that the POTW have the authority to
implement and enforce an industrial pretreatment program (an IPP) for all the users of
its system, regardless of what political jurisdiction the users are located within. The
BRWTF provides wastewater treatment for entities located in Rockingham County,
Virginia.
(a) Discharge limits. The pollutant limits listed below are established for
Rockingham County users discharging into the BRWTF for the purpose of protecting
against Pass Through and Interference, as those terms are defined in Broadway’s
Sewer Use Ordinance. No user is permitted to discharge wastewater, measured at the
point of discharge to the BRWTF, containing pollutants in excess of the following
monthly averages:
0.39 mg/l chromium

0.039 mg/l copper
December 10, 2008 (36)
0.79 mg/l lead

0.39 mg/l nickel
1849 mg/l total suspended solids
0.31 mg/l zinc.
(b) Applicability. This Section 16A-14 applies to all users located within
Rockingham County that discharge wastewater to the BRWTF.
(c) Cooperation. Officials of Rockingham County shall cooperate with

officials of the POTW to ensure that all requirements of Broadways’ Sewer Use
Ordinance and this Section 16A-14 are enforced, including but not limited to the
issuance of discharge permits, before allowing any connections to be made to the
BRWTF.
-----

ordinance amendment effective January 1, 2009:
ORDINANCE AMENDING
SECTION 6A-6
OF

COUNTY, VIRGINIA:
That Section 6A-6. “Precincts and polling places – Establishment; authority” be and
hereby is amended as follows:
That block indicating the Elkton Municipal Building as the polling place for the Elkton
Precinct of Election District No. 5 shall be and hereby is amended to indicate the
Elkton - East Rockingham Area Community Center as the polling place for the Elkton
Precinct of Election District No. 5.
-----

ordinance effective January 1, 2009:
ORDINANCE
ENACTING
SECTION 6-17.3
OF

COUNTY, VIRGINIA:
That Section 6 – 17.3 “Fire Prevention Fee” be and hereby is enacted as follows:
Sec. 6 – 17.3. Fire Prevention Fee.
An additional fee of 5% of the fees set forth in Section 6-11 shall be applied to
all residential building permits and an additional fee of 10% of the fees set forth in
December 10, 2008 (37)
Section 6-11 shall be applied to all commercial building permits. Such additional fees
shall be collected by the Department of Community Development when fees for
building permits are collected and shall be transferred to the Rockingham County
Department of Fire and Rescue.
-----

ordinance amendment effective January 1, 2009:
ORDINANCE REPEALING
AND
RE-ENACTING
SUB-SECTION 6-17.1(c)
OF

COUNTY, VIRGINIA:
That Sub-Section 6 – 17.1(c) “Mechanical permits generally; Other fees shall be as

follows” be and hereby is repealed and re-enacted as follows:
(c) Other fees shall be as follows:
(1) A fee of fifty dollars ($50.00) shall be charged for each permit for the
installation of a wood stove or range hood.
(2) A fee of three hundred dollars ($300.00) shall be charged for each
permit for the installation of a hood suppression system.
(3) A fee of fifty dollars ($50.00) shall be charged for each permit for the
installation and piping for above and in-ground tanks.
(4) A fee of twenty-five dollars ($25.00) shall be charged for each permit
for the removal of above and in-ground tanks.
for gas and oil lines for residential and commercial use groups.
for manufactured or prefabricated homes.
(7) For sprinkler systems the fee shall be three hundred twenty-five dollars
($325.00) plus $1.10 for each sprinkler head.
(8) For fire alarm systems the fee shall be two hundred seventy-five dollars
($275.00) plus $2.50 per associated device.
(9) For a fire standpipe system the fee shall be two hundred seventy-five
dollars ($275.00) plus $15.80 per riser.
(10) For a fire pump system the fee shall be two hundred seventy-five dollars
($275.00)
(11) For a private fire main system the fee shall be two hundred twenty-five
dollars ($225.00)
(12) For a spray booth system the fee shall be one hundred twenty-five
December 10, 2008 (38)
dollars ($125.00)
For other fire prevention permits required, but not elsewhere listed, the fee shall be
fifty dollars ($50.00) plus any applicable costs as determined in writing by the Fire
Marshal.
oooooOooooo
PUBLIC HEARING – PROPOSALS FOR LANDFILL GAS AND TV

TRANSLATOR SYSTEM.
At 8:57 p.m., Chairman Floyd opened the public hearing to receive public
comment on proposals for Landfill (Methane) Gas Collection and Sale, and Operation
and Maintenance of a TV Translator System.
Administrator Paxton noted that the County has approved the State’s process
for using the Public-Private Education Facilities and Infrastructure Act of 2002
(PPEA) process for constructing projects in the County.
One project falling under this process is a methane gas project with
Rockingham Memorial Hospital (RMH) that is in the developmental stage and will
involve collecting methane gas and transferring it to RMH for heating the new
hospital. RMH is covering the entire cost of the project. Administrator Paxton
explained that the County is administering this project because the County landfill
produces the methane gas. Some money will be paid to the landfill to offset operating
costs.
The second project is the operation and maintenance of a TV translator system.

The County’s TV translator system was built in the late 1970s following a referendum
of County taxpayers. On February 17, 2009, most high-powered TV translators will
convert from analog to digital signals. The County’s translators are low-broadcast so
they are not required to be converted yet. If the proposal by WHSV-TV 3 is approved,
WHSV will take over the translators and convert them to digital. They will
compensate the County for the equipment required to receive digital signals and
convert them back to analog so current users will continue to receive a signal after
February 17, 2009. The only channel on Massanutten that is not low-power is Channel
29 from Charlottesville and they are in the process of switching over. The County has
discussed issues related to continuing service on White Grass Knob and will discuss
this with citizens in the Bergton area after the first of the year. This system is operated
off solar power, and the additional equipment required to convert the digital signal
back to analog is more than the solar panels can handle. Therefore, the County will
have to look at options or discontinue use of the system.
Supervisor Eberly stated that several citizens in his district use translators for
all TV stations. They do not want to see their reception degraded or be forced to
utilize different channels because WHSV is operating the system.
Administrator Paxton said the issue is that the Federal Communications

Commission (FCC) has ordered communities to switch from analog to digital so the
analog channels can be reassigned for other uses. The initial cost for converting the
additional signals back to analog is relatively minor compared to upgrading all the
equipment which will need to eventually occur. This initial step will allow citizens
time to transition to digital televisions. Administrator Paxton encourages citizens to
purchase a converter while the FCC or federal government’s $30 rebate coupons are
available on line. With the converter, citizens will be able to receive analog signals
regardless of what signals are transmitted.
In response to a question from Supervisor Eberly, Administrator Paxton

explained that WHSV will continue to use their current ABC and Fox stations. Since
WHSV does not have an FCC-approved CBS channel in the Valley, they will access a
signal from Washington or Roanoke, depending on which digital CBS channel they
December 10, 2008 (39)
can pick up. Administrator Paxton noted that digital signals do not travel as far as
analog signals.
Supervisor Cuevas stated that sometime ago the WVPT station was available to
schools in remote areas such as Fulks Run. He suggested the County find out if the
school system is still utilizing WVPT for teaching purposes. Administrator Paxton
noted that WVPT is not on the County towers and they have already converted to
digital so the impact on the schools apparently has been addressed.
Supervisor Kyger stated that the analog channels schools receive can be
received off video stream.
Supervisor Cuevas also noted citizens west of Broadway cannot get radio
stations after 5:00 p.m.
Administrator Paxton explained that no action was necessary as the PPEA was
only for public comment so the Board can proceed when the final presentations are
received.
Alice Harris said she spoke with Public Works Director Warren Heidt
regarding a proposed methane gas line running across the middle of her family’s farm
where there is a section of virgin trees. She said the use of methane gas by RMH as an
alternative fuel is a good idea but her family does not want the line to go across their
property. Ms. Harris stated the line should be able to run along the road or across
some other property. She noted that Mr. Heidt said if her family did not want the line
to cross their property, the proposal would be removed from the table. Ms. Harris,
therefore, requested that the proposal be taken off the table.
Mr. Hedit stated that Ms. Harris has been a good neighbor to the landfill.
There are four proposed paths for the methane gas lines, two of which cross Ms.
Harris’ property. He indicated both could be realigned to stay within the VDOT
easement along Grassy Creek Road or could be elevated to cross an adjacent property.
Mr. Heidt told Ms. Harris that if she was opposed and the County would have to
condemn her property to move forward, it would not be wise for the County to do so
and an alternative path would be pursued.
Terry Fertitta said he submitted a special-use permit for a flea market which
was tabled until this evening’s meeting and was apparently overlooked. He further
stated he has five or six landfill easements across his property which he is not happy
about because he has not been treated well by the County or the subcontractors. He
said he does not want the methane line to go through his property.
Chairman Floyd stated that the Board plans to look at Mr. Fertitta’s property in
January.
-----
At 9:12 p.m., Chairman Floyd declared the public hearing closed and
reconvened the regular meeting.
oooooOooooo
OTHER.

EBERLY – AYE; FLOYD - AYE; KYGER - AYE; the Board authorized the County
Attorney to advertise a public hearing to consider an exemption from property taxes
for the Valley Brethren – Mennonite Heritage Center at the January 14, 2009 meeting.
The exemption is proposed to be effective January 1, 2009, if approved.
December 10, 2008 (40)
December 10, 2008 (41)
It was noted that the Finance Committee reviewed the Valley Brethren –
Mennonite Heritage Center application at its meeting earlier today (December 10,
2008).
-----
Mr. Miller expressed the need for a work session of the Board to discuss
subdivisions in A-2 districts. He suggested this work session be scheduled at 3:00 p.m.
on January 28, 2009.
-----
Chairman Floyd expressed his appreciation to the Board for working with him
as Chairman this past year.
-----
Supervisor Kyger suggested that as the Board organizes for 2009, consideration
be given to having two board meetings in December as there are usually a lot of
requests in December, particularly after having only one meeting in November. He
recommended that meetings be held the 1st and 3rd Wednesdays of December instead
of the 2nd Wednesday.
Administrator Paxton stated the number of requests at tonight’s meeting was

out of the ordinary, but the Board will consider this suggestion.
oooooOooooo
ADJOURNMENT.
By consensus, the Board adjourned the meeting at 9:16 p.m.
________________________,
Chairman

Call To Order Pledge of Allegiance Invocation.: December 10, 2008

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Call To Order Pledge of Allegiance Invocation.: December 10, 2008

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December 10, 2008 (1)

December 10, 2008

The Regular Meeting of the Rockingham County Board of Supervisors was

PABLO CUEVAS, Election District #1

JOSEPH S. PAXTON, County Administrator

Chairman Floyd called the meeting to order at 3:00 p.m.

Community Development Director Vaughn led the Pledge of Allegiance.

On motion by Supervisor Eberly, seconded by Supervisor Breeden and carried

VIRGINIA ASSOCIATION OF COUNTIES (VACo) PRESENTATION.

Supervisor Kyger, former President of VACo, presented Supervisor Breeden

On motion by Supervisor Eberly, seconded by Supervisor Breeden and carried

WHEREAS, the Resident Engineer for the Virginia Department of

NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia

Name of Subdivision: Cloverdale

Name of Subdivision: Cloverdale

BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted

BE IT FURTHER RESOLVED, that a certified copy of this resolution be

In response to Supervisor Breeden’s request last month that VDOT determine

In regard to the No Thru Truck study, Supervisor Breeden indicated he still

Chairman Floyd stated he has received inquiries regarding the possibility of a

FY 2007-2008 COMPREHENSIVE ANNUAL FINANCIAL REPORT.

Michael Garber from PBGH, LLP provided a presentation to the Board

In response to questions from Supervisors Cuevas and Kyger, Mr. Garber

RESOLUTION FOR DRINKING WATER RESOURCE MANAGEMENT –

Kim Sandum, Executive Director of Community Alliance for Preservation

Administrator Paxton noted that significant changes were made to the

Elwood Burge, George Washington National Forest District Ranger, reiterated

Keith Wilt, President of the Quality Deer Management Association -

On motion by Supervisor Cuevas, seconded by Supervisor Kyger and carried

GEORGE WASHINGTON FOREST MANAGEMENT PLAN

WHEREAS, approximately 44 percent of the land in the George Washington

WHEREAS, drinking water sources within the George Washington National

WHEREAS, the watersheds in the George Washington National Forest from

WHEREAS, there can be threats to water quality within the George

WHEREAS, in the 1993 George Washington National Forest Management

WHEREAS, the 1993 George Washington National Forest Management Plan

NOW, THEREFORE, be it resolved that the Rockingham County Board of

• The U.S. Forest Service gather sufficient information to assess watershed

BE IT FURTHER RESOLVED, that the Rockingham County Board of

BE IT FURTHER RESOLVED, that the Rockingham County Board of

Supervisor Kyger asked that a copy of the adopted resolution, with an

RESOLUTION – SUPPORT FOR VIRGINIA RESOURCES AUTHORITY

William G. O’Brien, the County’s representative to the Airport Commission,

Greg Campbell, Executive Director of the Shenandoah Valley Regional Airport

Administrator Paxton noted that the County’s moral obligation to Virginia

On motion by Supervisor Kyger, seconded by Supervisor Eberly and carried by

WHEREAS, the Shenandoah Valley Regional Airport Commission (the

WHEREAS, the Commission has determined that it is necessary and desirable

WHEREAS, in addition, VRA has required Rockingham County, Virginia (the

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of

1. The incurrence of the Loan by the Commission, from time to time, is

2. The Board hereby undertakes a non-binding obligation to appropriate

3. It is to be understood that nothing contained in this Resolution or in the

5. This Resolution shall be effective immediately.

FOR THE BENEFIT OF

THIS SUPPORT AGREEMENT is made as of _____________, between and

VIRGINIA (the “Rockingham Board”), acting as the governing body of Rockingham

WHEREAS, the Commission is empowered by Chapter 3, Article I, Title 5.1

WHEREAS, the Commission has determined that it is necessary and desirable