AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 7th DAY OF APRIL, TWO THOUSAND AND EIGHT AT

AT THE REGULAR MEETING OF THE RAPPAHANNOCK COUNTY BOARD OF SUPERVISORS HELD ON THE 4th DAY OF AUGUST, TWO THOUSAND AND EIGHT AT TWO O'CLOCK P.M. AT THE COURTHOUSE IN WASHINGTON, VIRGINIA

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.

SERVICES AWARDS: Chairman Anderson distributed service awards as set forth in Exhibit A attached to these minutes.

MINUTES: On motion of Mr. Lee, seconded by Mr. Wayland, the minutes of the July 7 and July 21, 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. Wayland, the Board voted unanimously to adopt the Final Agenda. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

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

(1) FY09Budget: Copy of final FY09 budget distributed to each supervisor and filed with papers of meeting.

(2) CIP Plan: A facilities audit incorporating the recommendations of the student STEM project has been conducted. Instead of using a RFP for bids, there are nine "performance contracts" available through the Virginia Department of Energy. Proposals may be submitted by various Energy Savings Companies (ESCOs) who guarantee 15% to 35% energy savings. A written report will be made at next month's meeting. (Proposed CIP filed with papers of meeting.)

(3) Rankings: RCPS rankings:

#1 in the state for fewest dropouts (none) in 2006-2007;

#9 in state for percent of 2007 graduates continuing their education (88.51%)

#3 in state for number of 2007 graduates as a percent of 9th grade membership four years earlier (98.8%). See FaxView report filed with papers of meeting.

(4) RCHS Roof: Approximately $59,000 is expected from a class action suit relating to the RCHS roof that was installed in 1988.

(5) Adam Burkett: New principal at RCHS introduced.

VDOT Report: David Cubbage, Residence Administrator, reported as follows:

(1) Old State Shed, Washington: The demolition is in its final stages. The environmental assessment shows nothing; no underground tanks or asbestos contaminents; thorough soil evaluation; no buried contaminents.

(2) Surface treatments onging: Fodderstack, Round Hill and others.

(3) Route 605 now open. Guardrail recycled from another location saved $11,000.

(4) Speed Limit, SNP: Reports will be given to Supervisor Wayland when complete.

VDOH-New District Director: Charles Shepherd introduced Dr. Dana Bradshaw, the new Public Health Director.

PUBLIC COMMENT:

Bob Chappell, speaking as Superintendent of Schools and on his own personal behalf, asked the Board to approve the application for the Playhouse Corp. Music Festival that is subject to a public hearing at the evening portion of this meeting.

He emphasized the outstanding partnership RCPS has with the Chateauville Foundation.

OLD BUSINESS:

Broadband Service: Mr. McCarthy explained that Piedmont Broadband (PBB) has now entered the market, therefore, Virginia Broadband (VABB) is no longer a "sole-source" provider. Further, Piedmont Broadband is not requesting funding from the county whereas VABB has requested funding support in the approximate amount of $300,000.

Rich Shumaker of PBB distributed a "coverage map" (filed with papers of the meeting) showing broadband coverage currently available in the county in green and future expansion expected to take place in several weeks shown in yellow. He added that PBB will not erect towers but will place transmitters in trees. PBB is using new sources of the internet and is getting its service from a main hub-area in Ashburn now serving the east coast.

Allen Toliver, speaking on behalf of VABB, explained that VABB is geared around a commercial system that re-routes service if there is a failure somewhere in the circuit.

Following considerable discussion by the Supervisors and representatives of both PBB and VABB, the Board agreed by general consensus to table this matter to allow time and an opportunity for PBB to develop.

Grandie Lane Public Access: This item was discussed at the July 21, 2008 meeting of the Board of Supervisors. Upon the recommendations of the County Administrator and County Attorney, on motion of Mr. Wayland, seconded by Mr. Welch, the Board voted unanimously (1) to affirm the E-911 Coordinator's decision and the County's addressing system policy of aligning, wherever possible, road and lane designations on existing public rights of way; (2) to place the Grandie Lane sign at the end of where old Route 3 intersected with Route 22 and (3) to direct the County Attorney to send a letter to the Bertas indicating that it appears that they have erected a gate on a public right of way potentially needed for emergency response and requesting that they remove the gate. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None. (See July 25 letter with papers of this meeting; other documents are with papers of July 21, 2008 meeting.)

Dominion Power Line: The hearing examiners recommendation to permit the new proposed line to follow the current line location through Rappahanock County includes Dominion's original request to build monopoles where the right-of-way is surrounded by conservation easements. If the landowners donate an additional 60 feet of right-of-way, the monopoles could be shorter. Landowners have 30 days after entry of the final order to confirm a gift of an additional 60 feet of ROW. The additional ROW must be released by the Virginia Outdoors Foundation as well. Mr. Luke is preparing a response on behalf of the county.

NEW BUSINESS:

Appropriation, Clerk's Office: The Clerk's Office has received Library of Virginia grant funds in the amount of $3739 for the preservation of several old books. On motion of Mr. Welch, seconded by Mr. Wayland, the Board voted unanimously to appropriate $3739.00 to line item 2106-3009. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Landfill Cell Closure Bid Award: Pre-bid conference held in June; 7 bids received; bid-opening held on July 5; all bidders qualified and evaluated by Joyce Engineering. Bid prices ranged from $749,820 to $1,329,942.

On motion of Mr. Lee, seconded by Mr. Frazier, the Board voted unanimously to to accept the low bid from General Excavating in the amount of $749,820 and award the project to General Excavating. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

Easement - Town of Washington Wastewater/Sewer System: The county office buildings/complex will be required to hook onto the Town of Washington's wastewater system when installed. In order to complete the hookup, the town has asked for the donation of a 20-foot easement across the county's property for collection pipes. In addition, there will be hook-up costs at the county's expense once the project is underway.

On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted unanimously to authorize Mr. Luke and Mr. McCarthy to execute the easement agreement subject to installation of the system and to a cap on the costs.

VRS Resolution: Mr. McCarthy explained that due to a recent IRS ruling, a resolution of affirmation is proposed to formally authorize that member contribution to

VRS be treated other than income taxation. The resolution does not change or require any change in the process already in place; it only formally authorizes the procedure.

On motion of Mr. Frazier, seconded by Mr. Lee, the Board voted unanimously to adopt a resolution of "Affirmation of Authorization to Pick-Up the Employee's Contribution to VRS for Rappahannock County under the Internal Revenue Code." . The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None. (See Exhibit B attached hereto and made a part of these minutes.)

Electoral Board--Central Absentee Precinct (CPC): In order to be compliant with the Help America Vote Act (HAVA), a space in a public building must be provided for absentee voting. The Electoral Board has asked that the room where the E911 equipment is housed be vacated so that it can be used for the absentee voting. Further, the Electoral Board complains that E911 personnel are frequently not adhering to the required sign-in policy when accessing the equipment and often times leave the facility unlocked. (See letter from Electoral Board filed with papers of meeting.)

By general consensus, the Board authorized Mr. McCarthy and the Board Chairman to try to resolve all of the issues with the Electoral Board.

APPOINTMENTS:

Library Board: On motion of Mr. Welch, seconded by Mr. Wayland, Fran Krebser was appointed to fill the vacancy created by the resignation of Dolores Cooke. This term will expire December 31, 2010.

CORRESPONDENCE: (Letters filed with papers of meeting.)

Hughes River Scenic River Designation: Letter from DCR stating it is ready to begin the evaluation process.

INFORMATION:

Building Office Report: Total construction from June 22, 2008 to July 21, 2008 was $1,972,900.00. Year to date totals: (See papers of meeting for more detail.)

Year to date totals:	2007	2008
New Home Construction	29	17
Commercial Buildings	5	1

Rural Fire Departments: News article relating to the struggle to recruit volunteers for rural fire departments. (w/papers of mtg)

Rural Broadband: Wall Street Journal article relating to hi-speed internet access allowing rural Kentucky to stay in the economic-development game. (w/papers of mtg)

September Meeting: The first Monday in September being Labor Day, the regular September meeting will be held on Wednesday, September 3, 2008 at the usual times.

FIRE LEVY BILLS: On motion of Mr. Frazier, seconded by Mr. Wayland, the Board voted unanimously to add this item to the agenda. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

The Board discussed the report of the Fire Levy Board and discussed concerns relating to paying members of the department for lawn maintenance services. Mr. Luke advised the Board that it can change the guidelines as needed. Mr. McCarthy was asked to bring standards and rules with recommendations to the September meeting.

Thereupon motion of Mr. Frazier, seconded by Mr. Wayland, the Board voted unanimously to approve the payment of the seven (7) funding requests in a total amount of $129,514.47. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None. (Report and individual bills filed with papers of mtg)

ACCOUNTS: On motion of Mr. Wayland, seconded by Mr. Lee, the Board voted unanimously to approve accounts payables dated August 4, 2008. The vote was recorded as follows: AYE: Anderson, Lee, Welch, Wayland, Frazier. NAY: None.

There being no further business at the General Session, the Board recessed at 3:45 o'clock p.m. until 7:00 o'clock p.m. at which time the Chairman called the meeting to order. Mr. Welch was absent. All other members were present.

(1) SE08-06-02, Playhouse Corporation Music Festival: The applicants have applied to use farm property to host a music festival for up to 25 days each summer on their property in Castleton. The first festival would be held from July 3 to July 19, 2009. Performance and rehearsal space are to be in existing structures converted to this use. The applicant proposes restrictions on lighting, signage and noise as well as a limit of 200 attendees for performances. The property is identified as Tax Map 41, Parcel 23; zoned A-Agricultural, Stonewall-Hawthorne District. The use is allowed under §170-36H with additional standards in §170-69E. Attached to the application is a list of 17 conditions, a plat of the proposed area, petitions and copies of deeds.

Mr. McCarthy advised the Board that the Planning Commission unanimously recommends approval conditioned upon VDOT approval, the use not conveying to subsequent owners and all of the self-imposed restrictions that were submitted as part of the application.

Chairman Anderson opened the public hearing.

Douglas K. Baumgardner, counsel for the applicants, introduced Lorin and Dietlinda Maazel and offered to respond to questions from the Board.

Mr. and Mrs. Maazel both addressed the Board regarding their plans and the existing activities and asked the Board for approval.

Aileen Johnson, Dave Gillis, Tom Pellikan, Rick Kohler and Julie Portman all supported the application.

There being no others to speak, Chairman Anderson closed the public hearing.

On motion of Mr. Wayland, seconded by Mr. Lee, the Board voted unanimously, of the members present, to approve SE08-06-02 application conditioned upon (1) VDOT approval, (2) the use not conveying to subsequent owners and (3) all of the self-imposed restrictions that were submitted as part of the application. (See Exhibit C attached hereto and made a part of these minutes.) The following roll-call vote was taken: AYE: Anderson, Lee, Wayland, Frazier. NAY: None. ABSENT: Welch.

(2) C. E. Johnson Agricultural and Forestal District: One property, owned by Susan Eaton, was withdrawn from the district. The Advisory Committee and Planning Commission held a joint meeting on July 16, 2008 and recommended approval for renewal of the District.

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

On motion of Mr. Lee, seconded by Mr. Wayland, the Board voted unanimously to adopt the C. E. Johnson Agricultural and Forestal District Ordinance. The following roll-call vote was taken: AYE: Anderson, Lee, Wayland, Frazier. NAY: None. ABSENT: Welch. (Ordinance attached hereto as Exhibit D and made a part of these minutes.)

There being no further business, the meeting adjourned at 7:28 o'clock p.m.

____________________________________

Robert P. Anderson, Chairman