AT A SPECIAL MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 21st DAY OF JULY, TWO THOUSAND AND EIGHT AT SIX THIRTY O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

Present	Present	Absent
Robert P Anderson, Chm Ronald L. Frazier, V-Chm S. Bryant Lee Edward D. Wayland Roger A Welch	John McCarthy, Co. Adm. Peter H. Luke, Co. Attorney Diane Bruce, Clerk	None

Chairman Anderson called the special meeting to order at 6:30 o'clock p.m.

Grandie Lane Access: Richie Burke, the E-911 coordinator, explained that the issue arose when the road sign for Grandie Lane was moved from the Smith family driveway to the lower end of the discontinued part of old Route 3. Research shows that the old right of way, known as Section 7 of old Route 3 (Route 3 is now known as Route 522), was ". . . abandoned in so far as state maintenance is concerned, but is to be left open for the use of travel by the general public where the same may be necessary. . ." by resolution of the Board of Supervisors adopted on January 5, 1939. Mr. Smith has closed his private access to his two lots to other traffic. The Berta family has also closed access at the lower end of the old right of way where the Grandie Lane street sign is now located. Mr. Burke explained that if public emergency access is needed, the locks will be cut. (Documents filed with papers of meeting.)

Johnnie Smith, Hawthorne District, asked that the gate placed by the Bertas at the lower end of the right of way be removed.

Michelle Berta objected to the traffic entering Grandie Lane in front of her house and stated that the Smith entrance, now closed, was created by VDOT in 1939, had been used for the past 69 years by the Nickens family and that their usage falls under the prescriptive easement laws.

Michael Miller, appearing on behalf of the Nickens family, asked that the right of way be maintained if it is opened because access from the opposite end of Grandie Lane is nearly impassable for the Nickens' tenant.

Mr. Luke and Mr. McCarthy explained that it has been the past policy of the Supervisors to encourage public rights of way to remain open to the public. Mr. Luke referred the Board to its earlier decision to require that a gate be removed near the Hazel River on the road into the Shenandoah National Park.

The Board agreed to take the request under advisement and render a decision at the August 4, 2008 meeting.

Athletic Field Lights: Mr. McCarthy explained that a proposal has been received from the School Board asking the county to underwrite a ten-year lease/purchase agreement for lights for the stadium and ball fields. The amount of the lease/purchase agreement is $385,000 at 4.88% interest. After a $100,000 paydown made by an anonymous donor in exchange for naming rights of the baseball field, the county would guarantee ten annual payments in the amount of $38,187.

Mr. Luke cautioned the Board about various risks and additional costs to the county. He advised that there are two separate agreements. One agreement is with Musco Lighting. It provides for equipment and installation. Installation will be subbed out. The other agreement is with Musco Financial.

Additional costs will be incurred because the county is required to survey in all pole locations, remove trees and limbs for access, remove fences, is subject to a "rock clause" and is responsible if the subcontractor damages the fields or track. Further, the county must provide a 2-inch water line and power to within 150 feet of the site.

As for financing, bond counsel must be retained to assure that the arrangements are tax exempt for Musco. Bond counsel will cost $1500. If the RCSSA fails to meet any of its annual goals of $38,187, the county will be responsible for the annual payment. There is a pre-payment penalty if the loan is paid off within five years. If the county were to back out of the contract, it could affect the county's credit rating. Although there were no local bids, the purchase complies with the public procurement act under an exception that permits a locality to "piggy-back" on another competitively bid project. There is an "annual appropriation" clause as the lease is the equivalent of ten one-year leases.

The Board discussed various issues regarding impact on "dark skies", benefits to children and community, concern about track and field degradation by the contractor, athletic vs. academic expenditures and the ability of RCSSA to raise the necessary funds and to dedicate its funds to lights instead of to uniforms and sports equipment.

Following discussion, on motion of Mr. Frazier, seconded by Mr. Lee, the Board voted by majority vote to support and enter into the lease/purchase/borrowing agreements contingent upon any damage to the track and field be at the contractor's expense. The following recorded vote was taken: AYE: Frazier, Lee, Wayland, Anderson. NAY: Welch. (See papers of this meeting for letters, petitions, etc. See also minutes of July 7, 2008 meeting for earlier discussions.)

There being no further business, the meeting adjourned at 7:50 o'clock p.m.

_________________________________________

Robert P. Anderson, Chairman