AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 7th DAY OF JULY, TWO THOUSAND AND EIGHT AT TWO 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 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. Lee, seconded by Mr. Wayland, the minutes of the June 2, June 10 and June 24, 2008 meetings were unanimously approved as submitted. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

AGENDA: On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to adopt the Final Agenda and to move the Grandie Lane matter to the top of the New Business section. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

SCHOOLS: Dr. Robert Chappell, Superintendent of School, reported.

(1) Appropriations v. Expenditures: The unspent balance returned to the General Fund is $2781.67. (See Exhibit A attached hereto and made a part of these minutes.) Prior to closing the FY08 budget, all fuel tanks were filled, (gasoline costs have nearly doubled), partial payment was made on a new school bus, cafeterial deficit was paid and all June bills were paid.

(2) Food Services Program: The school system will submit an alternate recommendation from that suggested in the MGT report and if acceptable to the state, those costs will count toward the school's 50% cost for the MGT survey. The goal is for the food services program to break even. (See Exhibit B attached hereto and made a part of these minutes.)

(3) Athletic field lights: The School Board feels this project is best for the children. Maintenance is included in the 25-year agreement. There is no guarantee that gate receipts will offset electricity bills. Allegheny will provide a reduced rate if no separate meter is installed. The School Board will pay the additional costs for electricity and the athletic department will assume more of the sports costs, such as uniforms, umpires, officials etc.

(4) MGT School Survey: The costs for the survey are $25,600. Seventy percent will be paid with non-public funds.

(5) Enrollment Report: There were 941 students on March 30, 2008.m The FY09 budget is based on a total enrollment of 902.

(6) Athletic District: The football and basketball programs will participate in an independent league on a trial basis this year.

VDOT Report: David Cubbage, Residence Administrator, reported on the status of bridges and roads on Routes 605, 729, 637 and Rt 522 bridge in Sperryville.

In response to a query from Mr. Wayland, Mr. Cubbage explained that the reduction of the speed limit in SNP from 45 mph to 35 mph is a deterrent; that 45 mph was too high for passenger vehicles to maintain and that there were accidents by vehicles other than bikers. He added that VDOT has no plans to revisit the decision.

RRCSB-AAA Fiscal 2009 Program Plan and Contract: Brian Duncan, Executive Director of Rappahannock-Rapidan Community Services Board--Area Agency on Aging, presented the FY09 Program Plan. (Filed with papers of meeting.) In highlighting the program, he noted that many of the CSB programs have been accredited by CARF, a peer review. Other highlights: fees, most of which come from Medicaid, account for one half of revenue; 288 FTE staff; work force, fuel and food costs are largest expenditures; Scrabble School Senior Center should open during this fiscal year.

On motion of Mr. Welch, seconded by Mr. Lee, the Board voted unanimously to adopt a Resolution to Receive the Rappahannock-Rapidan Community Services Board and Area Agency on Aging (RRCSB-AAA) FY2009 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. (Exhibit C attached hereto and made a part of these minutes.)

PUBLIC COMMENT:

Athletic Field Lights: Rich Hogan, President of Rappk Co School Sports Association (RCSSA), John Diley, Jim Oyster, Sharon Kilpatrick, Richie Burke, Camille Racer, Nanetta Hogan, Henry Gorfein and Heather Puskar all spoke in favor of the county executing a lease/purchase agreement with Musco Lighting for athletic field lights. RCSSA currently holds a $100,000 anonymous donation toward the purchase and has committed itself to raising the balance of the costs over the next 10 years. That cost will be approximately $35,000 per year.

Monira Rifaat, Phil Irwin, Paul Farmer, Ron Maxwell, Kay Wilson, Tom Junk, Monica Worth and Roger Cordani spoke in opposition to the county executing a lease/purchase agreement for lights. These speakers were concerned about light pollution, costs of maintenance, financial liability if RCSSA fails to meet its fundraising goals, expenditure of funds for sports activities instead of academics and declining enrollment.

Bill Gadino, a close neighbor to the athletic fields, cautioned about the county's financial liability and also requested that restrictions be imposed regarding what activities can be held at night and the length of time the lights can be on.

Cole Johnson also cautioned about the county' financial liability if the RSSCA does not meet its fundraising goals.

Following discussion, on motion of Mr. Frazier, seconded by Mr. Welch, the Board voted unanimously to continue this matter until a special meeting on July 21, 2008 to allow an opportunity for evening visits to other school sites with the same lighting equipment. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

OLD BUSINESS:

Broadband Service-Virginia Broadband: Tabled until August meeting to allow opportunity to evaluate the status of broadband service offered by Tom Gordon.

Regional Reassessment: Mr. McCarthy explained that additional work is required to create a document that will accommodate all issues of concern by the participating localities. Of particular concern are issues regarding in-house and on-line access to data, timelines and a joint-powers agreement. By general consensus the Board agreed to participate in the regional procurement effort and to appoint the County Administrator and the Commissioner of Revenue to a committee composed of representatives of the participating jurisdictions, whose purpose will be to prepare a final RFP/procurement document. When completed, the Board can then elect to formalize participation in whatever form is acceptable to all concerned at that time. (See Mr. McCarthy's letter of July 1, 2008 filed with papers of meeting .)

NEW BUSINESS:

Athletic Field Lights: See public comment section above.

Street (Lane) Name Change: Chnouky to Juba Mountain: An application filed by the property owners requesting the aforesaid name change was received by the E-911 coordinator. On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously to authorize said name change. (application filed with papers of meeting.)

Local Aid to the Commonwealth Resolution: The proposed resolution is recommended by VACO. The impact to Rappahannock County is $62,000. On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to adopt the Resolution to Provide Local Aid to the Commonwealth, attached hereto as Exhibit D and made a part of these minutes. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Civil War Trails Market Locations: John Tole distributed documentation showing several proposed locations for Civil War Trails Markers and a Kiosk on county property. If agreed, two markers will be placed in the courthouse complex and the kiosk will be placed at the house adjacent to the library. The Board agreed to the proposed locations by general consensus. (documents filed with papers of meeting)

Scrabble School Bids: No bids were received. The project will be rebid by the end of August.

Grandie Lane Public Access: Continued until a special meeting on June 21, 2008 at 6:30 o'clock p.m.

MGT Report Conference Call, (Public Schools Evaluation Team: (4:00 p.m.) The Board participated in a conference call with Dr. Cindy Raiford and seven members of the team that performed the public school evaluation last year. Individual Supervisors had submitted 14 written questions earlier in the month. Dr. Raiford and her team made introductory remarks regarding the several phases of the evaluation and responded to the Board questions verbally and contemporaneously with a slide presentation. Board members were offered the opportunity to ask additional questions during the presentation. The focus of the presentation related to recommendations made in the MGT report, specifically regarding efficiency review, security, budgets, enrollment projections, food services, and staffing plans.

APPOINTMENTS:

Water & Sewer Authority: Ruth Kiger's term expires on July 31. On motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously to appoint Thomas Sisk to serve a four-year term commencing August 1, 2008.

Library Board: On motion of Mr. Lee, seconded by Mr. Welch, Nancy Ely-Raphel was appointed to fill the vacancy created by the death of William Dobrovir. Her term will expire December 31, 2011.

Dolores Cooke, Wakefield District, has resigned. Her term will expire December 31, 2010. An appointment will be considered at the August meeting.

Service Awards: These award presentations were continued to the August 4, 2008 meeting.

CORRESPONDENCE: (Letters filed with papers of meeting.)

VDOT Letter: Notice of the Six-Year Transportation Improvement Program with lists of projects that will be delayed or removed. The Rt 623 project in Rappahannock County will be deleted from the plan.

Hughes Scenic River: Letter of acceptance from Culpeper County regarding a study to determine if a portion of this river qualifies for Scenic River designation.

FEMA Letter: Notice that the county is eligible to apply for Flood Mitigation Assistance (FMA) program funding.

Building Office Report: Total construction from May 22, 2008 to June 21, 2008 was $760,900.00. Year to date totals: (See papers of meeting for more detail.)

Year to date totals:	2007	2008
New Home Construction	24	16
Commercial Buildings	4	1

ACCOUNTS: On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted unanimously to approve accounts payables dated July 7, 2008. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

EXECUTIVE SESSION: (5:45 pm) On motion of Mr. Frazier, 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. The subject matter of the closed meeting was consideration of authorizing prosecution of alleged zoning violations regarding the Gouvrement appeal of the Zoning Administrator's decision. The following roll-call vote was taken. AYE: Anderson, Frazier, Lee, Welch, Wayland NAY: None.

Open Session: (6:00 pm) 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.

Athletic Field Lights: Mr. Luke apprised the Board of certain legal requirements regarding the proposed lease/purchase agreement with Musco Lighting. If the Board decides to execute the agreement, it owns the lights and it is then responsible for the debt. The RCSSA is not a "credit-worthy" organization; therefore if it fails to raise the funds needed to make any of the annual payments, the county is responsible for any unpaid payment. If a payment is not made, the lights must be removed and shipped, at county expense, to wherever Musco directs. The agreement is a "hold harmless" agreement, meaning the county would pay attorney fees if Musco were to bring suit again the county and if there is a default, the county is resonsible for Musco costs. Further, the Supervisors cannot create a debt without issuing a bond. Since no bond is anticipated in this case, an appropriation in each fiscal year budget is required.

There being no further business at the General Session, the Board recessed at 6:15 o'clock p.m. until a special meeting to be held on July 21, 2008 at 6:30 o'clock p.m.

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Robert P. Anderson, Chairman