AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 2nd DAY OF JULY, TWO THOUSAND AND SEVEN AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

Present	Present	Absent
Robert P Anderson, Chairman Ronald L. Frazier, V-Chm 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. All members were present.

MINUTES: On motion of Mr. Frazier, seconded by Mr. Lee, the minutes of the June 4, 2007 and June 25, 2007 meetings were unanimously approved. 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.

SERVICE AWARDS: Employee Service Awards were distributed to employees as shown on Exhibit A attached hereto and made a part of these minutes.

SCHOOLS:

Dr. Robert Chappell, Superintendent of Schools made the following report.

1) A FY07 fiscal report exhibiting revenues v. expenditures, attached hereto as Exhibit B and made a part of these minutes, was distributed to the Board. The report shows that after the annual "October Appropriation" is made, a final unspent balance in the amount of $9069.50 will be returned to the General Fund. Out-of-ordinary expenditures during FY07 include a new lawn mower for RCHS ($7000); an overage on repairs to the septic system ($8000); redesign and installation of a new filtration system at RCES ($8500); fuel tanks filled ($30,000); bleachers for the high school ($11,000); classroom to office communication system ($22,000); security cameras ($10,000); replacement of certain cafeteria equipment ($20,000).

2) Personnel Changes: A new football coach has been hired. Roger Mello, the former RCHS principal, will take a position in Culpeper County. An Assistant Superintendent for Human Resources/Instruction has been hired. This position is not a new position and there is no increase in salary.

3) Lunch Prices: The School Board has approved a fee increase.

4) Biodiesel fuel: A 2% or 5% blend will be tried. Biodiesel fuel requires less bus maintenance and has fewer emissions.

5) Newsletter: Distributed and filed with papers of meeting.

RAPPAHANNOCK-RAPIDAN COMMUNITY SERVICES BOARD: Executive Director Brian Duncan presented the highlights of the Fiscal 2008 Program Plan and requested the Supervisors to adopt the FY2008 Peformance Contract. (Copy filed with papers of the meeting.) The RRCSB is expanding the mental health program, offering short-term outpatient mental counseling, opening a regional day-care program available for all seniors in need of more structured programs, improving access to psychiatric services and starting patient speech and parent education for the infant/toddler program. Rappahannock County constitutes 5% to 7% of service needs. Of major significance is the fact that the programs are dependent on volunteers; many programs would collapse without volunteers.

On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to adopt the "Resolution to Receive the RRCSB and Area Agency on Aging FY2008 Performance Contract with the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Area Plan for Aging Services." The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None. (Resolution attached hereto as Exhibit C and made a part of these minutes.)

VERIZON TELEPHONE SERVICE: John Knapp, Director of Affairs, and Fred Jones, Installation and Maintenance Supervisor, appeared before the Board to report on significant "outage" problems that were reported in the Slate Mills area. Correction of the problems was completed on June 30. Mr. Knapp and Mr. Jones both urged the Supervisors and all residents to contact them when urgent problems occur.

In other telephone business, the Verizon representatives explained that DSL is only sold within three miles of Sperryville but that it is not economically feasible to provide universal service to a rural area like Rappahannock County which has the 5^th lowest population density in Virginia.

Mr. Wayland requested a sit-down meeting with Verizon representatives to discuss providing high-speed service to all areas of the county.

VDOT REPORT: None.

PUBLIC COMMENT:

Ron Makela, Jackson District, complained about poor Verizon telephone service.

Scrabble School: Bob Lander reported that the CDBG block grant was not approved and that the committee is pursuing other avenues.

Powerline Landowner's Alliance (PLA) Paul Farmer, Piedmont District, appeared on behalf of RLEP and the newly formed PLA which has hired counsel to represent landowners at the SCC hearings scheduled on the Dominion Powerline proposal.

OLD BUSINESS:

Dominion Power Line: The Supervisors will meet with counsel in executive session.

Allegheny Power Rate Increase: The SCC has denied the request and has given Allegheny 18 months to appeal or pursue other avenues.

Civil War Markers: Notice was received on June 21, 2007 that funding unexpectedly became available and that a grant in the amount of $86,000 has been awarded.

NEW BUSINESS:

Broadband/Internet Access Study: This topic has arisen from the "Living Towns" program held last month where the concept of high-speed internet service was discussed as being necessary in today's society. DSL and Broadband are available only in Sperryville and Washington. Virginia Broadband is available from Culpeper. Cable serves properties along Routes 522 and 211 between Chester Gap and Sperryville and Amissville. A committee will be appointed to meet with providers. Mr. Wayland and Mr. Welch will serve as the Supervisor representatives on the committee.

Zoning Application Fees: These fees have been unchanged since 1994. Mr. McCarthy recommended increasing certain fees due to increased advertising and staff costs. By general consensus, the Board agreed to increase the SU/Variance fee from $150 to $250 and the SE fee from $200 to $300.

School Funding/Cost of Competing Work Group: Mr. McCarthy requested that the Board appoint two of its members to a committee to work on the "cost of competing" funding and the "Local Composite Index." The School Board will appoint two of its members also. The group will coordinate with Delegate Gilbert and Senator Obenshain. Mr. Welch and Mr. Frazier will represent the Board of Supervisors.

Courthouse Security/Maintenance Fees: Legislation was approved by the 2007 General Assembly amending Virginia Code Section 53.1-120 to permit raising this fee from $5.00 to $10.00 if approved by resolution of the governing body. Mr. McCarthy was authorized to advertise a proposed ordinance for public hearing at the August meeting.

APPOINTMENTS:

Planning Commission: Tom Tepper's term expires on July 7, 2007. On motion of Mr. Anderson, seconded by Mr. Frazier, the Board voted unanimously to reappoint Mr. Tepper to a four-year term. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

CORRESPONDENCE: (Filed with papers of meeting.)

RLEP Statement on Sludge Ordinance.

Recyc letter regarding the proposed Sludge Ordinance.

INFORMATION:

Building Office Report: Total construction from May 22, 2007 to June 21, 2007 was $3,495,376.00. Year to date totals: (See papers of meeting for more detail.)

Year to date totals:	2006	2007
New Home Construction	30	24
Commercial Buildings	3	3

ACCOUNTS: On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to approve the Accounts Payables dated July 2, 2007. The vote was recorded as follows: AYE: Wayland, Welch, Frazier, Lee and Anderson. NAY: None.

EXECUTIVE SESSION: On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to retire into executive session pursuant to Virginia Code §2.2-3711A.7 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. For purposes of this subdivision, "probable litigation" means litigation that has been specifically threatened on which the Board of Supervisors or its legal counsel has a reasonable basis to believe will be commenced by or against a known party. The subject matter of the closed meeting was Dominion Power proposal. The following roll-call vote was taken. AYE: Anderson, Frazier, Lee, Welch, Wayland NAY: None.

Open Session: On motion of Mr. Welch, seconded by Mr. Lee, 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.

There being no further business, the meeting recessed at 4:55 o'clock p.m. and reconvened at 7:00 o'clock p.m. to conduct the following public hearings. All Board members were present.

Zoning Text Amendment: Automobile Sales, Repair and/or Service: Pursuant to §15.2-2286A.7 of the Code of Virginia, 1950 as amended, and with §170-134B.(1) of the Rappahannock Code, property owners Willie and Cathern Smith have applied to amend the zoning matrix in the Rappahannock County Code §170-36E. by placing an "SP" in the column for HC, Highway Commercial, zoning district for the use "Auto sales, repair and/or service." The Planning Commission held its public hearing on June 20, 2007 and recommends approval.

Mr. McCarthy explained that the only highway commercial zone is located on Rt 211 west of Sperryville and that the Planning Commission did not impose any limitations on the number of vehicles that could be at the site.

Chairman Anderson opened the public hearing. There were no comments. Chairman Anderson closed the public hearing.

On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously to adopt the zoning amendment as stated above. The following roll-call vote was taken: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

SE #07-05-01, Williams Contractor's Office/Shop/Yard: Greg Williams has applied to operate a landscaping/tree service/snow removal business from his home property. The property contains 6.1108 acres and is located at 309 Ben Venue Road in Wakefield District, is identified as Tax Map 22, Parcel 6 and is zoned "A" Agricultural. The use is allowed under §170-36E of the Rappahannock County Code.

The Planning Commission held its public hearing on June 20, 2007 and recommends approval of the application subject to a series of conditions proposed by the applicant and several additional conditions imposed by the Planners.

Chairman Anderson opened the public hearing.

Frank Reynolds, counsel for Mr. Williams, described the growing business as one that primarily services the local area and has recently signed a snow removal contract with VDOT. The applicant has voluntarily submitted numerous conditions by which he will abide to reduce the concerns of his neighbors and users of the road. Further, Mr. Williams has received the entrance specifications from VDOT and has met and exceeded those standards.

Opposing the application were Randy and Holly Propst, Jean Lillard, Susan McNelly and Joyce Harmon, all of Wakefield District. They commended the applicant's successes but objected to the location because of dangerous and unsafe road conditions caused by large trucks and because the business is more commercial in nature than agricultural.

Letters opposing the application from Ron and Diane Harris, Louise Dalgren and John Bechtal were read at the hearing. Letters in opposition from Pat Saltonstall, Daniel E. Manzo, William W. Freitag and Witold Kuncewicz were filed with the record.

A petition with 50 signatures opposing the application was submitted and filed in the Zoning Administrator's file.

Voicing support for the application were Randy Smoot, Dean Hahn, Marty Cannon, Richard Settle, John Alexander, Donnie Keyser and Butch Zindel.

Larry Jensen, Howie Swaim, Ron Makela and Ruth Kiger commented on the impact on real estate values in the neighborhood, the limited amount of available commercial property, the importance of reasonable proffers and periodic reviews as well as the need for VDOT to address signage, speed limits and any dangerous road conditions to that portion of Route 729.

There being no other speakers, the Chairman closed the public hearing.

Following discussion among themselves, on motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to approve SE #07-05-01, Williams Contractor's Office/Shop/Yard conditioned upon the applicant's proffers and additional special conditions imposed by the Planning Commission, all proffers and conditions being listed on and attached hereto as Exhibit D, and made a part of these minutes. The following roll-call vote was taken: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Sludge Ordinance Adoption: Mr. McCarthy explained that the proposed ordinance pertains to changes in the Health Code section of the county code. The group that drafted the proposed ordinance has worked diligently for many months and developed a consensus document which represents the broadest consensus possible and allows the county to fully regulate to the extent allowed by law.

Mr. Luke added that this ordinance is a "cutting-edge" sludge ordinance that is defensible and that includes changes in state law that became effective July 1, 2007. He advised the Board that the land-application of sludge cannot be banned and that he does not believe that the locality can ban corporations from applying sludge.

Chairman Anderson opened the public hearing.

Paul Farmer, speaking on behalf of RLEP, informed the Board that RLEP endorsed the ordinance at its last meeting.

Bob Lander, Joyce Harmon, Mitzi Young, Bev Hunter, Larry Jensen and Wendy _________ all spoke in favor of adopting the ordinance as proposed.

Susan Trumbo, representing ReCyc, a hauler of sludge, and who was a member of the work group that wrote the proposed ordinance, noted that she had submitted written comments about the proposed ordinance (filed with papers of meeting). She complimented Mr. Luke, Mr. McCarthy and all of the group members and added that ReCyc is pleased to see that the county is working with the state permitting process and that ReCyc supports the county monitoring program.

Brad Snyder, Town of Washington, commented that there are alternatives that can turn sludge to power.

There being no other comments, the Chairman closed the public hearing.

On motion of Mr. Lee, seconded by Mr. Frazier, the Board voted unanimously to rescind the Rappahannock County Code provisions concerning the Land Application of Sludge (Chapter 111-1) and to adopt a new "Ordinance Providing for Testing and Monitoring the Storage and Land-Application of Sewage Sludge" attached hereto as Exhibit E and made a part of these minutes. The following roll-call vote was taken: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

There being no further business, the meeting recessed at 8:55 o'clock p.m.

________________________________________

Robert P. Anderson, Chairman