Board of Supervisors: January 24, 2007

January 24, 2007

Virginia:

AT A CONTINUED MEETING of the Nelson County Board of Supervisors at 4:05
P. M. in the Board of Supervisors Room at the Courthouse, Lovingston Virginia.

Present:     Thomas H. Bruguiere, Jr., Chair
       Harry S. Harris, South District Supervisor
       Constance Brennan, Central District Supervisor
       Allen M. Hale, East District Supervisor
       Thomas D. Harvey, North District Supervisor
       Stephen A. Carter, County Administrator
       Candice W. McGarry, Administrative Assistant/Deputy Clerk
       Philip Payne, IV, County Attorney
       Susan McSwain, Recycling Coordinator
       Paul Truslow, Maintenance Supervisor
       Emily Harper, Director of Parks and Recreation


I.   Call to Order

Mr. Bruguiere, Chair, called the continued meeting to order at 4:05 P.M. with four members present to establish a quorum with Mr. Harris being absent until 4:20 P.M.

II.   Other Business

Mr. Bruguiere stated that there were several items of business that should be addressed prior to the remaining agenda items and the following items were considered:

Mr. Carter stated that the two resolutions to be considered were related to grant applications with the State Department of Conservation and Recreation that were due February 15, 2007; one being for the Blue Ridge Tunnel project for the amount of $67,250.00 with the local match being covered by the value of the Tunnel. The purpose of the grant funds would be to help in purchasing three properties on either side of the Tunnel. The other application is for the Blue Ridge Railway Trail project in the amount of $100,000.00 with the local match being covered by the value of the trail. The purpose of the grant funds is to extend funding to maintain the trail past its current funding levels. Mr. Carter noted there is no out of pocket expense to the County associated with these two grants.

Mr. Bruguiere directed consideration of the Blue Ridge Tunnel project first. Discussion included clarification by Mr. Carter of the use of the funds for property acquisition. There being no further discussion, a motion was made by Mr. Hale and seconded by Ms. Brennan to adopt Resolution R2007-010 as presented. The motion passed by unanimous vote (4-0) and the following resolution was approved:

A.   Resolution R2007-010 – Restoration of the Blue Ridge Tunnel Project

WHEREAS, DCR Recreational Trails Fund Program Grant Request, for Land Acquisition and Easements on properties of Royal Orchard Land Company, Roger Carter, and Bruce Tyler, and

   WHEREAS, all above-mentioned property owners have agreed to entering negotiations regarding acquisition and/or easements, both verbally and in writing, and

   WHEREAS, such land acquisition and easements will be necessary for the construction of compliant and continuous hiking and bicycling trails, extending from either portal of the Blue Ridge Tunnel, with possible future connectivity to other County and regional trails, and

   NOW THEREFORE BE IT RESOLVED, that Nelson County make application to Department of Conservation and Recreation’s Virginia Recreational Trails program for a grant, in the amount of $67,250.00, with the value of the Blue Ridge Tunnel ($1.5 million) as any required match.

Adopted: January 24, 2007
Attest: _______________________________
Clerk, Nelson County Board of Supervisors

The Board then considered Resolution R2007-011 concerning the Blue Ridge Railway Trail.   Discussion included clarification by Mr. Carter regarding use of the funds to refurbish bridges etc. after the current funding sources are exhausted. Mr. Carter also noted that current litigation regarding the trail in Amherst County hasn’t gone anywhere, however Nelson County could be added to the lawsuit and that Mr. Payne has advised staff not to sign the contracts to proceed yet, but to wait and see what happens.   There being no further discussion, a motion was made by Ms. Brennan and seconded by Mr. Hale to approve R2007-011 as presented. The motion passed by unanimous vote (4-0) and the following Resolution was approved:

B.   Resolution R2007-011 -The Virginia Recreational Trails Fund Program Grant Request for the Virginia Blue Ridge Railway Trail

WHEREAS, the Virginia Blue Ridge Railway Trail, located in both Nelson and Amherst Counties, has received six grants from the Virginia Department of Transportation under the federal Transportation Enhancement Act and a Congressional Transportation grant; and

   WHEREAS, a portion of these funds have been expended to open the Virginia Blue Ridge Railway Trail from Piney River, Virginia to Roses Mill, Virginia; and

   WHEREAS, the balance of grant funds received to date will be required to complete river and stream bank stabilization and substructure repair and superstructure installation on four bridges between Roses Mill and Tye River; and

   WHEREAS, additional grant funds will be necessary to complete the installation of gravel paving of the trail, fencing, signs and other tasks to properly finish the trail project; and

   WHEREAS, the Virginia Blue Ridge Railway Trail has been previously supported and approved by Nelson County; and

   WHEREAS, the completion of the Virginia Blue Ridge Railway Trail will provide a unique local and regional attraction for hikers, joggers, bicyclers, horseback riders, cross country skiers, outdoor and nature enthusiasts, including those who are disabled and require reasonably level trails; and

   WHEREAS, the Virginia Recreational Trails Fund Program was established to provide and maintain recreational trails and trail-related facilities:

   NOW THEREFORE BE IT RESOLVED, That Nelson County make application to the Virginia Recreational Trails program for a grant in the amount of $100,000.00.

Adopted: January 24, 2007
Attest: _______________________________________

Clerk, Nelson County Board of Supervisors

Mr. Carter then introduced the third item for consideration, a Proclamation that declares February 5-9 as Lifelong Learning Week as proclaimed by the Governor. The purpose of presenting it being the dates would’ve already passed if considered at the next regular meeting.   There being no further discussion, a motion was made by Mr. Harvey and seconded by Ms. Brennan that Proclamation P2007-002 be adopted as presented. The motion passed by unanimous vote (4-0) and the following Proclamation was approved:

C.   Proclamation P2007-002 – Lifelong Learning Week

WHEREAS, The Nelson County Board of Supervisors’ Mission Statement endorses education as a lifelong process, and

WHEREAS, lifelong learning is the continuous pursuit and acquisition of knowledge an skills throughout one’s life, and

WHEREAS, Thomas Jefferson, the founder of the University of Virginia and our Nation’s third President, promoted lifelong learning, and is remembered as a leader who encouraged individuals of all ages to pursue their educational goals, and

WHEREAS, learning aptitude and competence in the areas of reading, writing, mathematics, critical thinking and applying new technologies at home and at work are important life skills for all Virginians and Nelson County citizens, and

WHEREAS, the implementation of new technologies helps people to improve their skills and knowledge and to become more efficient and productive citizens and employees, and

WHEREAS, Timothy M. Kaine, Governor of Virginia, has proclaimed February 5-9 as Virginia Lifelong Learning Week to promote and encourage Virginians of all ages to take advantage of lifelong learning opportunities that exist throughout Virginia schools and communities, including the General Equivalency Diploma Program, Adult High School, University Continuing Education, Family Literacy and Workforce Development programs,

NOW THEREFORE, BE IT PROCLAIMED, that the Nelson County Board of Supervisors join Governor Kaine in proclaiming February 5-9 Lifelong Learning Week.

Adopted: January 24, 2007
Attest:   __________________________________

Clerk, Nelson County Board of Supervisors

III.   Presentation – Virginia Department of Health (Scott Haley)

Mr. Carter noted that he had invited Mr. Haley to come before the Board to report on the status of the pending Biosolids applications and answer any questions they may have. He then distributed additional information on the subject for the Board’s review.

Mr. Haley introduced himself as working for the Virginia Department of Health, the Office of Environmental Health Services, Division of Wastewater Engineering that administers the use of Biosolids in the Commonwealth.   Mr. Haley then gave the background of the pending applications as having been received on 11/15/06 by the Department, informational meetings held locally regarding the applications on 12/14/06 consisting of approximately 572 acres to be considered for application at this time. He noted that he was present to answer any questions the Board may have. He also stated that the Department was waiting on revisions by Synagro resulting from site reviews made by VDH and once those revisions were received; there would be another 30 day comment period for the County to comment back to VDH. Mr. Haley described the analytical information provided in each of the site reviews and noted that the accuracy of site maps and buffer zones provided by Synagro are verified in the field. He noted that he has personally visited each site.

Mr. Haley confirmed that the local monitor can be on site when the Biosolids are applied to ensure setbacks are conformed with, however local monitor duties vary by County and can be as involved or not at the pleasure of the Board. He noted that any local monitoring staff time is reimbursable through the reimbursement program that has been set up, and that the duties of the local monitor could be specified in the local Ordinance.

Ms. Brennan inquired as to the oversight of the Biosolids storage issue being a topic to be discussed. Mr. Haley noted that some aspects of Biosolids transport are in his purview of responsibility and that they will investigate if complaints are made. They can check on water tightness of vehicles etc. and Mr. Haley noted that VDH has been to the Gladstone sight in the last month, and he intends to ride by there on his way back to Richmond tomorrow (1/25/07).   He noted that there are a number of containers on site and that damaged containers cannot be returned or used and are kept at the rail yard until they can be moved or scrapped. They can require changes be made if not in compliance and the dust control issues have been addressed there by requiring water trucks to keep the dust down. Mr. Bruguiere requested that Mr. Haley stop by the Gladstone rail yard tomorrow and assess the situation and report back any actions that need to be taken. Mr. Haley noted that any questions resulting from the status report be directed to his supervisor Dr. Sawyer. The Biosolids storage issues were further discussed and Mr. Haley noted that if materials are sitting at the rail yard site for very long- no more than a couple of days, then VDH wants to know about it. He noted that he wasn’t familiar with the agreement made with EPIC in terms of what was allowed and what wasn’t. Mr. Harris stated that to his recollection the agreement was made between EPIC and the Gladstone Community prior to his tenure on the Board. Mr. Carter noted that the Planning Department is developing a report on this issue and asks that the Board submit specific questions to him or Fred Boger to be submitted to Dr. Sawyer with VDH.

The reimbursable basis for the local monitor was discussed. Mr. Haley confirmed that staff time and training of the local monitor is covered. He described the State’s fund that is in place for counties who have an approved Biosolids Ordinance, noting that after a local Ordinance is passed, the locality can submit a request to VDH to participate in the reimbursable program. He noted that biosolids companies contribute $2.50/ dry ton of applied product and a typical application rate is 5 dry tons/acre. It was noted by Mr. Hale that the cost of the local Monitor could easily exceed the reimbursable tonnage. For example, the estimated application rate of 5Tons/acre at $2.50 per Ton x the 572 acres in the current applications would yield a contribution to the fund of $2,860 which seemingly wouldn’t cover the costs. Clarification was made that the fund is there and being contributed to even if your locality is not land applying biosolids and those local monitoring costs would be covered as they are incurred. Mr. Haley noted that exhaustion of the fund is not anticipated any time soon due to the build up of fees greater than the reimbursements currently going out to local Monitors. Mr. Bruguiere noted that a Monitor can be hired from another County.

The ability of localities to decide the origin of the Biosolids was discussed and it was noted by Mr. Haley that he wasn’t aware that the origin could be pre-determined and suggested consulting the County Attorney.

The health concerns were discussed and it was stated that zero risk could not be guaranteed with Mr. Haley noting that certain standards must be met for land application. Sources submit samples for testing to VDH with the frequency determined by the size of the treatment facility with the larger ones submitting samples on a monthly basis. He stated certain standards for trace metals must be met and said that in a recent analysis of a material sample from sources going through Gladstone, if an annual application rate of 5 dry tons/acre is assumed, it would take 270 years to reach any metal restriction thresholds based on Zinc, one of the more harmful compounds. He also added that the EPA does not require testing for Dioxin.

Discussion by the Board following Mr. Haley’s presentation included Mr. Bruguiere noting that the Farm Bureau Board of Directors while not endorsing the use of biosolids would like to see a local Ordinance in place. He also reiterated that a locality could not control the origin of biosolids. It was noted that none of the pending State legislation addresses this issue. Mr. Hale supposed that if proposed State legislation is adopted, there would be a larger role for local government and he wanted to proceed with the adoption of a local Ordinance that would provide for the needed monitoring. He also noted that there is legislation proposed that would require DEQ to do monitoring, however he stated that the County should move ahead with a local Ordinance. Mr. Harris noted that proceeding with a Local Ordinance, prior to the General Assembly acting, could mean amendments to the local Ordinance would be forthcoming and proposed seeing the results from the General Assembly session first.

Ms. Brennan proposed the establishment of a Task Force to review model Ordinances for input. Mr. Bruguiere noted that the VACO model Ordinance addresses most of their concerns and did not see the need to form a Task Force for such little acreage involved. Mr. Harvey noted that the amount of acreage was not the issue; it could be 5,000 acres tomorrow. The timeline for establishing a local Ordinance to include any General Assembly action was further discussed. Ms. Brennan reiterated her desire to have a Task Force established to contribute to the local Ordinance development process.

A motion was made by Ms. Brennan to establish a Task Force to look at the issues that would consist of interested individuals, farmers, whoever was interested, a small group of people who would review the Ordinance. The chair called for a second, there being none he called for further discussion. Discussion centered around moving forward with the Board and County Attorney’s review and comment on the model Ordinances, then proceeding with the adoption of a local Ordinance and letting the public hearing process flesh out any items to be included. Mr. Carter noted that VDH has a list of Counties with Ordinances that can be obtained and the one provided to the Board is the VACO model Ordinance. There being no further discussion, the Chair brought the original motion back to the floor and called for a second.   There being no second, he called for further discussion. Mr. Harris noted that before a task force was formed the guidelines, mission etc. should be established. Ms. Brennan then rescinded the original motion on the floor and noted that she would bring it back with more specifics as suggested.

Mr. Bruguiere expressed the Board’s consensus to study the model Ordinances in hand and discuss the subject at the February regular meeting.

IV.   Solid Waste Work Session

Mr. Carter overviewed the presentation to be made regarding the analysis by staff on public vs. private operations of the solid waste collection system. He noted staff was not seeking formal approval of the recommendations today, but would like input as soon as the Board was so inclined. The PowerPoint presentation by staff included a financial analysis and a collection system analysis.

Premises used in the financial analysis were as follows:

•   Participation in Region 2000 Regional Solid Waste Initiative Utilizing Amherst County’s Landfill – Decreases Trash Hauling Distance by 73%

•   Purchase of Site Equipment (Trash & Recycling) & Hauling Equipment and County Operated Hauling

•   Proposed Financing Term of 8 Years

•   Use of Current Funds Budgeted for County Trash Collection System w/ Significant Savings

•   Evaluation of the Entire Collection System Including Transfer Trash (Trash Hauled from the Transfer Station to the Amherst County Landfill) and Recycling

•   Proposal of 2 Scenarios
–   SCENARIO 1 Includes 4 Staffed Sites Using the Rockfish Site Configuration & 3 Remote Sites (No Change from the Current System)

–   SCENARIO 2 Includes 4 Staffed Sites & 3 Remote Sites Using Compactors Only

Scenario 1 yielded an annual operational savings of $169,768 and Scenario 2 yielded an annual operational savings of $186,611. Once the debt service for construction of the 3 remaining staffed sites was included, the total annual savings was $102,150 for Scenario 1 and $118,993 for Scenario 2.

The collection system analysis included the following:

2006 Data

•   Rockfish Site is 28% of Trash by Weight Collected From All Sites
•   35% of Trash Hauls From Rockfish are Open-Tops but Carry Only 8.9% of the Trash
•   Not Counting the Rockfish Site, 82% of the Remaining Trash Hauls are Open Tops
•   Total System Open -Top Miles =80,993
•   Total system compactor miles = 23,241

Future Data
•   Including Open-Tops in New System of Staffed Sites will Decrease Current Total Trash Haul Miles Approximately 39%
•   Discontinuing Open- Tops at Staffed Sites will Decrease Current Trash Haul Miles Approximately 52%

The current and proposed set-ups for each site were presented.

Mr. Carter then summarized the presentation with the following recommendations:

•   Participation in Region 2000 Regional Solid Waste Initiative is Key
–   Provides for a Decrease in Haul Distance of 73% by Transporting Trash to Amherst Rather Than Amelia.

•   Move to Public Provision of Solid Waste Operations Utilizing SCENARIO 2, 4 Staffed Sites & 3 Remote Sites w/ Compactors Only & 8 Year Financing Term
–   Provides for More Efficient Loads and Decreases Trash Haul Miles 52%
           Utilizing Compactors Only

–   Using Compactors Only Eliminates Liabilities That Open-Tops Can Present

–   Provides the Same Level of Service as the Private Sector (WMI) for $118,993 less Annually

–   County Will Own the Equipment in 8 Years, Returning $349,797 Used for Debt Service to the General Fund

–   Projected Increase of 15% in Transfer Station Tipping Fee Revenues of Approximately $44,550

•   Approve Proposed Set-Ups for All Sites as Presented

He noted that the implementation of these recommendations provides an estimated $200,000 for General Fund operations.

Mr. Carter noted that County participation in the Region 2000 initiative is key, the use of the Amherst landfill was promising, and noted that the County could have the option to go to the Lynchburg City landfill should Amherst County not participate; still providing for substantial cost savings in operations. He noted that a presentation on the Region 2000 initiative will be given at an upcoming Board meeting. Mr. Harvey noted savings due to the financed equipment outlasting the 8 year financing term proposed.

The Board’s discussion centered on the proposed discontinued use of open tops stating concerns about increased ground dumping if the open tops were completely removed. Staff noted that the proposed compactors were heavy duty and could handle the majority of items to be disposed of, noting that if the item can fit in the opening it could be compacted. Items not able to fit are primarily couches and white goods. Staff also stressed the greater efficiencies of using compactors vs. open tops. Suggestions and ideas included testing the Rockfish site by removing the open tops to see what happens. Other ideas were to have open tops at the sites on a rotating basis or for one weekend a month. Mr. Harris suggested placing an open top at the un-staffed sites to see if ground dumping is reduced. Mr. Harvey suggested that all manned sites should have at least two compactors to maximize loads. Mr. Carter noted that regardless of the number of compactors used, the manned sites could still use the Rockfish pad configuration to allow for expansion. Mr. Carter also noted some apprehension about the $1.5 million allocated for construction of the remaining 3 manned sites, but noted that the figure has been endorsed by the engineers to date.

Mr. Carter over-viewed the timing of constructing the two sites noting they should be under construction in the first or early second quarter of the year, and staff would like to finance any equipment purchase along with the site construction as presented. He noted his preference for the Board to endorse purchasing of the equipment in order to secure the combined financing. Ms. McGarry added that purchase of the equipment would need to take place between August and November 2007 in order to be ready to assume operations when the contract with Waste Management ends December 2007. Mr. Carter noted that the Waste Management contract was for 1 year with 4 renewals and this is the last year, the services would have to be bid out regardless of the Board’s decision. Mr. Carter stated that the County could bid it out and see how close the private sector came to the numbers presented, if the Board was so inclined, and thus far Waste Management has not wanted to provide the County with any numbers. He suggested this would have to be done fairly quickly though.

Mr. Bruguiere suggested that the Board take this information and make any decisions related to compactors and open tops and be ready to move forward at the February meeting. The Board’s consensus was to have the open tops removed from the Rockfish site to test the results and have Ms. McSwain report back.

V.   Adjournment

At 6:35 P. M., on a motion by Mr. Hale and seconded by Ms. Brennan, Supervisors voted unanimously, (5-0), to adjourn and continue until the regular meeting at 2:00 pm on February 13, 2007 at the Lovingston Courthouse.