AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 4TH DAY OF JANUARY, NINETEEN HUNDRED NINETY NINE AT TWO O’CLOCK P

AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 3rd DAY OF MARCH, TWO THOUSAND AND EIGHT AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

Present

Absent

Robert P Anderson, Chairman Ronald L Frazier, V-Chairman

S. Bryant Lee

Roger A Welch

Edward D. Wayland

John McCarthy, Co. Adm.

Peter H. Luke, Co. Attorney

Diane Bruce, Clerk

None

Chairman Anderson called the meeting to order.

MINUTES: On motion of Mr. Welch, seconded by Mr. Lee, the draft minutes of the February 4, 2008 meeting were unanimously approved as corrected. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

AGENDA: On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to adopt the amended Final Agenda. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

SCHOOLS: Dr. Robert Chappell, Superintendent of Schools, made the following report. (See handouts containing details, filed with papers of meeting.)

(1) Efficiency Review. Copies containing commendations and recommendations were given to each Supervisor. An electronic version can be found at www.doe.virginia.gov/VDOE/Rappahannock-efficience-review.pdf.

(2) Quiz Bowl Team: Reached the final four in the state tournament.

(3) State VIP "Competence to Excellence" award has been given to RCHS.

(4) Bills in General Assembly: HB926 and SB559 are expected to pass and be signed by Governor Kaine. These bills will generate an additional $250,000 in state revenues for education, commencing in 2010.

(5) FY09 Budget: The Superintendent's proposed budget was distributed to the Supervisors. The School Board will consider it at its next meeting.

Members of the Board engaged in an "ask and answer" session with Dr. Chappell regarding teacher salaries, insurance benefits, the Efficiency Review, staffing plans, job descriptions, athletic programs and bussing.

PUBLIC COMMENT:

Rail Line: Phil Irwin reported that there has been a press release showing state funding to upgrade the existing rail facility between Manassas and Front Royal. The depicted route would not pass through Rappahannock County.

Mr. Irwin also asked that there be a second public comment section at the end of each agenda.

Roger Cordani commented on the teacher/student ratio and the inefficiency of the "block" system used at RCHS.

Aline Johnson, School Board member from Sperryville, explained that all school board meetings are open to the public.

There being no other comments, the public comment session was closed.

OLD BUSINESS:

Rappahannock County and School Funding Committee:

SB 477: Mr. McCarthy reported that this bill requires the Office of Farmland Preservation to develop a program to reward counties with extensive use-value programs to receive "credit" for the PDR program. This bill will permit localities to leverage $1.00 of state funding for PDRs by matching with only $.50, thereby freeing the additional money for education.

HB 936 and SB 559: These bills will increase funding to education from the Commonwealth for education. Language of the bills is as follows: "Increases from 350 to 1100 the maximum number of students allowed for a school division to qualify to have its state share of aid adjusted, based on a cost-sharing agreement with a neighboring school division. In addition, only those school divisions located in a locality with a composite index of .6000 or greater, that has at least 65 percent of its local taxes coming from real estate taxes, would qualify. The bill provides that no additional supplemental basic aid payments shall be made prior to July 1, 2010, and the sum of the basic aid payment and any supplemental basic aid payment would not exceed the basic aid payment appropriated to the locality by the 2007 session of the General Assembly."

Rail Line Proposal: The proposed line from Manassas to Front Royal could meet the maximum 2% grade if it crosses near Linden, but it is unlikely a rail line will be built. The report is due in June.

Other Legislation:

HB463, Farm Wineries: This bill did not make it out of committee but is

expected to reappear next year.

Uranium Mining: The bill that would have reauthorized uranium mining was amended to create a statewide commission and to limit the mining to a limited part of the state, that area being mostly in Halifax and Pittsylvania counties.

Scrabble School Project: The Rappahannock-Rapidan Regional Commission is handling all of the reporting/documentation to DHCD. All state permitting agencies have signed off and an architect has been retained.

Emergency Communications: The county is working with Motorola regarding an antenna on the Cherry Hill site in Culpeper County. If the Fauquier site integrates with the Rappahannock sites, there will be 95% coverage and an antenna on Hogback may not be necessary.

Stuart Field: A draft lease with RAA has been prepared. Once RAA indicates its agreement, a public hearing will be conducted.

Civil War Trails: On motion of Mr. Frazier, seconded by Mr. Lee and the unanimous vote of the Board, Mr. McCarthy was authorized to execute the agreement with VDOT. The following roll-call vote was taken. AYE: Wayland, Anderson, Frazier, Lee, Welch. NAY: None. (Resolution attached hereto as Exhibit A and made a part of these minutes.)

Broadband Service: By general consensus, Mr. McCarthy was authorized to explore the request from Virginia Broadband to borrow funds to develop its service through the Industrial Development Authority. Mr. McCarthy will report at the April meeting.

Landfill Report--Consent Order: DEQ has presented a consent order that calls for a $10,200 civil fine as a result of the previously reported violations relating to "cover" at the Amissville landfill site. The amount of the fine, which must be paid or otherwise resolved by March 10, 2008, is unreasonably high. The contractor, Community Trash, was responsible for "cover" requirements. On motion of Mr. Frazier, seconded by Mr. Wayland, the Board voted unanimously to authorize Mr. McCarthy to negotiate with DEQ and Community Trash regarding the amount and the payment of the fine. The following recorded vote was taken. AYE: Wayland, Anderson, Frazier, Lee, Welch. NAY: None.

NEW BUSINESS:

Virginia By-Way Designation: The Department of Conservation and Recreation (DCR) has asked that Rappahannock County request a Virginia Byway evaluation of Route 211 from the Page County/Rappahannock County line to established Virginia Byways, Route 522 and 231 in Sperryville. The Board agreed by general consensus. Mr. McCarthy will notify DCR.

APPOINTMENTS:

Rappahannock-Rapidan Community Services Board: Helen Williams' term expires in three months. She is eligible for reappointment. No action was taken.

CORRESPONDENCE: (See papers of meeting.)

Piedmont Softball Association, Inc: Letter from Mauri Payne, President, describing the program and requesting contributions from "sponsors" and "friends."

INFORMATION: (See papers of meeting.)

Building Office Report: Total construction from January 22, 2008 to February 21, 2008 was $771,346.00. Year to date totals: (See papers of meeting for more detail.)

Year to date totals:	2007	2008
New Home Construction	8	3
Commercial Buildings	1	0

Clean Streams Events: March 29, 2008 - Home*A*Syst Workshop for owners.

April 12, 2008 - Clean Streams Day. (www.rappflow.org)

April 26, 2008 - Making A Rain Barrel class.

BZA Annual Report, 2007: (Filed with papers of meeting.)

VaCo 7th District Regional Courthouse Meeting: March 28, 2008 at Germanna Community College, Locust Grove.

ACCOUNTS: On motion of Mr. Lee, seconded by Mr. Welch, the Board voted unanimously to approve the Accounts Payables dated March 3 , 2008. The vote was recorded as follows: AYE: Wayland, Welch, Frazier, Lee and Anderson. NAY: None.

EXECUTIVE SESSION: (3:20 pm) On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to retire into executive session pursuant to Virginia Code §2.2- 3711A (1) to consult with legal counsel or to receive a briefing by staff members or consultants pertaining to actual or probable litigation where such consultation or briefings in open meeting would adversely affect the negotiation or litigating position of the Board of Supervisors under §2.2-37llA.7 et seq. and (2) to discuss the performance, salary, etc. of public employees under §2.2-3711A.7. The subject matters of the closed meeting were discussion of actions in the Dominion Power case and the County Administrator's contract. The following roll-call vote was taken. AYE: Anderson, Frazier, Lee, Welch, Wayland NAY: None.

Open Session: (4:10 pm) On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted unanimously to reconvene into open session. The following roll-call vote was taken. AYE: Wayland, Anderson, Frazier, Lee, Welch. NAY: None.

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

County Administrator's Contract: On motion of Mr. Wayland, seconded by Mr. Lee, the Board voted unanimously to approve the employment contract for the County Administrator. The following roll-call vote was taken. AYE: Anderson, Frazier, Lee, Welch, Wayland. NAY: None. (Copy filed with papers of meeting.)

There being no further business, the meeting recessed at 4:15 o'clock p.m. and reconvened at 7:00 o'clock p.m. to conduct the following public hearing.

Six Year Road Plan and FY2009 Budget Public Hearing: David Cubbage, Residency Engineer, explained that there are no new projects; that some projects have been completed since last year and all other projects are moving up in priority. Zero priority projects have been completed or removed from the plan. There are nine active projects, including bridge projects Routes 729 and 637. There has been a 44% reduction in funding for the coming fiscal year. The reduction does not affect priority but will affect the rate of construction. He suggested that some of the projects may be considered "rural rustic;" others could be "spot improvements." Estimated allocations for FY09 are $212,372.

Chairman Anderson opened the public hearing.

Cory Caulfield asked that as improvements are being made to the intersections of Routes 729 and 638, that the nature of the road remain as similar to its present condition as possible. Mr. Cubbage stated that VDOT would not address that project for two more years.

There being no further comments, the Chairman closed the public hearing. The plan and resolution will be on the April agenda for adoption.

There being no further business, the meeting adjourned at 7:25 o'clock p.m.

_________________________________________

Robert P. Anderson, Chairman