June 12, 2007

Virginia:

AT A REGULAR MEETING of the Nelson County Board of Supervisors at 2:00 P. M. in the Board of Supervisors Meeting Room located in the Nelson County Courthouse.

Present:      Thomas H. Bruguiere, Chair
        Harry S. Harris, South District Supervisor
        Allen M. Hale, East District Supervisor
        Constance Brennan, Central District Supervisor
        Thomas D. Harvey, North District Supervisor
        Stephen A. Carter, County Administrator
        Candice W. McGarry, Administrative Assistant/Deputy Clerk
        Fred M. Boger, Planning Director
        Debra K. McCann Director of Finance and Human Resources        
    
I.    Call to Order

Mr. Bruguiere, Chair, called the meeting to order at 2:05 P. M. with all members present to establish a quorum.

A.    Moment of Silence
B.    Pledge of Allegiance

II.    Presentation

A.    Senator Creigh Deeds, Bicentennial Resolution

Senator Creigh Deeds presented the Board with a framed resolution that was passed by the Senate on February 1, 2007 commemorating Nelson County’s Bicentennial.

III.    Consent Agenda

Brief clarification was made concerning a statement in the May 8, 2007 Minutes for approval with no changes being made.

The Board briefly discussed the championship teams’ jacket requests, with Mr. Carter noting that he has been in communication on the subject with the School Board Office and it was proposed that any change in this process should start with the next fiscal/school year.  The Board agreed by consensus that any change should coincide with the new school year.  

Mr. Harris made a motion to approve the Consent Agenda and Mr. Harvey seconded the motion.  Supervisors voted unanimously (5-0) to approve the motion, and the following resolutions were adopted:



RESOLUTION-R2007-048
NELSON COUNTY BOARD OF SUPERVISORS
APPROVAL OF MEETING MINUTES

(April 10, 2007, April 18, 2007, May 2, 2007, May 8, 2007 & May 21, 2007)


RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board’s meetings conducted on April 10, 2007, April 18, 2007, May 2, 2007, May 8, 2007, and May 21, 2007 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.

RESOLUTION (R2007-049)
AMENDMENT OF FISCAL YEAR 2006-2007 BUDGET
NELSON COUNTY, VA
June 12, 2007

BE IT RESOLVED by the Board of Supervisors of Nelson County that the Fiscal Year 2006-2007 Budget be hereby amended as follows:

I.          Appropriation of Funds (General Fund)
Amount    Revenue Account    Expenditure Account
        $   6,755.00    3-100-002307-0001    4-100-0210600-1004
        
      II.        Appropriation of Funds (Piney River Sewer)
Amount    Revenue Account    Expenditure Account
        $     751.00    3-501-001608-0003    4-501-042040-9201

      III.        Appropriation of Funds (Textbook Fund)
Amount    Revenue Account    Expenditure Account
        $112,000.00    3-206-001612-0003    4-206-061100-9401

      IV.        Transfer from General Fund Contingency
Amount    Credit Account (-)    Debit Account (+)
        $      250.00    4-100-999000-9901    4-100-21050-3022


RESOLUTION-R2007-050
NELSON COUNTY BOARD OF SUPERVISORS
APPROVAL OF PROPERTY TAX REFUNDS

RESOLVED, by the Nelson County Board of Supervisors that the following refunds, as certified by the Nelson County Commissioner of Revenue and County Attorney pursuant to §58.1-3981 of the Code of Virginia, be and hereby are approved for payment.



Amount        Tax Category            Payee

$68.40            Personal Property        David W. Warner
                            625 Browning Cove
                            Shipman, VA 22971    

$53.11            Personal Property        William N. Landes
                            P.O. Box 535
                            Vesuvius, VA 24483

$157.60        Personal Property        Thomas M. Robertson
                            P.O. Box 97
                            Montebello, VA 22964

$162.84        Personal Property        Marc A. Hite
                            P.O. Box 48
                            Lyndhurst, VA 22952    

$  14.04        Personal Property        Carrie Gaskins
                            11 Ridge Dr. Apt. F
                            Lovingston, VA 22949


RESOLUTION-R2007-051
NELSON COUNTY BOARD OF SUPERVISORS
FUNDING OF JACKETS FOR CHAMPIONSHIP TEAMS
NELSON COUNTY HIGH SCHOOL


RESOLVED, by the Nelson County Board of Supervisors that the amount of $2,670.00 be and hereby is approved for disbursement from Nelson County’s Fiscal Year 2006-2007 Budget to provide for the purchase of jackets in recognition of championship teams at Nelson County High School as follows:

Allocation                Purpose

$    900.00    Nelson High School – Boys Soccer, Dogwood District Champions, Region “B”

$ 1,080.00    Nelson High School – Girls Outdoor Track, Dogwood District Champions, Region “B”

$    690.00    Nelson High School – FFA, State Meat Evaluation and Technology Champions    
    

BE IT FURTHER RESOLVED, by the Nelson County Board of Supervisors that said Board herewith recognizes and commends championship teams for their exceptional accomplishments and outstanding representation of Nelson County.

IV.    Public Comments

A.    Public Comments  - None

B.    VDOT Report

Mr. Wright noted the following in his report:

1.    Work is continuing on the Arrington bridge project, but a delay in the manufacturing of the steel beams has slowed work.  
2.    Route 620 construction continues and should be completed on time and on budget.  
3.    Work will begin after July 1 on Wilson Hill Road to widen and overlay with asphalt.
4.    VDOT has been working with Ms. McGarry on the abandonment of the Old Massie’s Mill Elementary School Road. A Resolution to post for a public hearing is the first step and VDOT will begin the process of looking at the right of way for disposition once abandoned.

Mr. Wright then explained the abandonment process and noted that all of the old school roads with nine thousand route numbers needed to be cleaned up.  Mr. Carter noted to the Board that the design for the Massie’s Mill convenience center site calls for the entrance to intersect with the old loop road necessitating the abandonment.

Mr. Hale noted that he noticed VDOT markings on Rt. 6 at the two bridges and Mr. Wright confirmed that patching of the bridge decks on Rt. 6 was commencing.

Ms. Brennan noted that the trees had been replanted at the median and thanked Mr. Wright for his efforts in facilitating this.

Mr. Harris thanked Mr. Wright for VDOT’s work on the Arrington bridge project. He also had Mr. Wright clarify the section of Wilson Hill Rd. to be done and Mr. Wright noted the second phase of that project will be on track as long as the funding holds out.

Mr. Bruguiere noted that after the patching with tar and gravel on the Roseland Road, there were three car wrecks due to the loose gravel and asked if asphalt patches could be used instead.  Mr. Wright noted that skin patching (tar & gravel) has to be done even if the road is asphalt because it is a sealer. He noted that the crews need to ensure that the loose gravel is being swept off and smaller gravel used on higher traffic count roads.  He noted that slurry is not used for patching, but is used if the entire road was to be resurfaced and is generally more expensive.

Mr. Bruguiere noted the resolution for consideration before the Board on the authorization for public hearing on the abandonment of the old Massie’s Mill school loop road.  There being no further questions for Mr. Wright on the subject, Mr. Bruguiere called for a motion on the Resolution.

Mr. Harris made a motion to approve Resolution R2007-055 authorizing a public hearing on the abandonment of the Massie’s Mill old school loop road, and Ms. Brennan seconded the motion. There being no further discussion, Supervisors voted unanimously (5-0) to approve the motion and the following resolution was adopted.

RESOLUTION R2007-055
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION TO POST NOTICE OF INTENT TO ABANDON AND AUTHORIZATION TO CONDUCT A PUBLIC HEARING ON THE ABANDONMENT OF THE MASSIES MILL OLD SCHOOL LOOP ROAD
 (ROUTE 9720)

WHEREAS, The Nelson County Board of Supervisors intends to construct a solid waste convenience center facility on its property formerly part of the Massies Mill Elementary School and now the Massies Mill Community Center, and ;

WHEREAS, the proposed entrance to the solid waste convenience center facility crosses over the Massies Mill old school loop road, and;

WHEREAS, it appears to this Board that Secondary Route 9720 from Route 680 to 0.09 miles North Route 680 a distance of 0.09 miles (Massies Mill old school loop road), serves no public necessity and is no longer necessary as a part of the Secondary System of State Highways;

NOW, THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby direct the County Administrator and Clerk of the Board, Stephen A. Carter to post a notice of the Board’s intent to abandon the aforesaid section of Route 9720, pursuant to §33.1-151 of the Code of Virginia of 1950, as amended and pursuant to said Code section, authorizes the advertisement of a public hearing to be held July 10, 2007 to receive comment on its intent to abandon said Route, and;

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Commissioner of the Virginia Department of Transportation.


IV.    Unfinished Business

A.    FY 07-08 Budget Adoption– R2007-052

Mr. Carter introduced the Resolution and recommended the Board’s approval of the FY07-08 budget.  He noted Ms. McCann’s memo stating that any amendments or changes the Board desires be considered in July.  Mr. Carter noted that the School Board’s request is a reallocation of funding from the purchase of school buses to provide for the purchase of a new driver’s education car and does not change the overall budget.  It was also noted and discussed that the upcoming request in item B. NCHS paving is proposed to come out of the FY08 Capital Fund budget.

There being no further questions or discussion on the FY07-08 budget, Mr. Hale moved to approve resolution R2007-052 Adoption of Budget and Service District Tax Rates for Fiscal Year 2007-2008 and Mr. Harvey seconded the motion.  There being no further discussion, Supervisors voted unanimously (5-0) to approve the motion and the following Resolution was adopted.
RESOLUTION R2007-052
ADOPTION OF BUDGET AND SERVICE DISTRICT TAX RATES
FISCAL YEAR 2007-2008
(JULY 1, 2007-JUNE 30, 2008)
NELSON COUNTY, VIRGINIA

WHEREAS, pursuant to the applicable provisions of Chapter 25, Budgets, Audits and Reports of Title 15.2 of the Code of Virginia, 1950, the Board of Supervisors of Nelson County, Virginia has prepared a budget for informative and fiscal planning purposes only and has also established tax rates, as applicable, for Fiscal Year 2007-2008 (July 1, 2007-June 30, 2008); and

WHEREAS, the completed Fiscal Year 2007-2008 Budget is an itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowing; and

WHEREAS, the Board of Supervisors has published a synopsis of the budget, given notice of a public hearing in a newspaper having general circulation in Nelson County and, subsequent thereto, convened a public hearing on the Fiscal Year 2007-2008 Budget.

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Nelson County, Virginia that the Fiscal Year 2007-2008 Budget be hereby adopted in the total amount (all funds, revenues and expenditures) of $63,798,629.   The individual fund totals are denoted as follows:

Fund                       Budget    
General*            $   29,027,866.00
VPA                $    1,763,223.00
Debt Service             $    3,554,659.00
E911                $       178,386.00
CDBG                $         75,000.00                
Capital**            $       848,846.00                
School                $  23,064,489.00                
Piney River (Operations)    $         37,000.00
Piney River 3 Project        $    5,239,760.00                
Street Lights            $           9,400.00

*Includes $12,692,078 in local funding transferred to the Debt Service Fund ($2,733,411) and the School Fund ($9,747,472 for general operations and $211,195 allocated for school nursing).  Includes $1,763,223 in local, state, and federal funds transferred to the VPA Fund.
**Includes $551,677 transferred to the Debt Service Fund.  
BE IT FURTHER RESOLVED, that the Service District (street light) tax rates to be levied in Nelson County, Virginia for Fiscal Year 2007-2008, effective July 1, 2007, shall be as follows:

        Arrington Service District:    $  34.50 per year (on each parcel of real property)
        Lovingston Service District:    $  43.00 per year (on each parcel of real property)
        Shipman Service District:    $  49.25 per year (on each parcel of real property)

BE IT FURTHER RESOLVED, in accordance with Article 1.1 (§ 15.2-1414.1 et seq.) of Chapter 14 of Title 15.2 of the Code of Virginia, that the annual compensation for each member of the Nelson County Board of Supervisors shall be established at $6,000 effective January 1, 2008.

BE IT LASTLY RESOLVED, that adoption of the Fiscal Year 2007-2008 Budget shall not be deemed to be an appropriation and no expenditures shall be made from said budget until duly appropriated by the Board of Supervisors of Nelson County, Virginia.

Mr. Bruguiere exited the meeting to receive a message at 2:30 pm and turned the meeting over to Mr. Harvey.  

B.    NC High School Paving - Front Parking Lot (R2007-054)

Mr. Carter overviewed the quotes received from Dr. Collins on the paving of the front parking lot at Nelson County High School.  He noted the low bid was received from S.L. Williamson for $109,912 and noted additional information regarding the cost of curb and guttering was obtained from the school division that would add another $7,900 for 250 ft of work to that total and the resolution proposed that the source of the funding be the Capital Fund budget.  He noted the total project costs would be $117,812 and the Board could amend the resolution for this amount.

The Board discussed the curb and guttering and drainage issues at the project site with Mr. Carter noting that Alyson Sappington of the Soil and Water Conservation District noted there were no additional Erosion and Sediment Control requirements as long as the flow off of the surface is unchanged from as it is now.  The Board discussed the necessity of completing this project and the favorable bid received from a very reputable company.

Mr. Bruguiere re-entered the meeting at 2:35 pm and re-assumed the Chair.

There being no further discussion, Mr. Harvey moved to approve Resolution R2007-054 as amended to approve up to $118,000 in funding for paving of the front lot at the High School and to include curb and guttering if good judgment requires it. Mr. Harris seconded the motion and there being no further discussion, Supervisors voted (4-1) with Mr. Hale voting no, to approve the motion and the following Resolution was adopted as amended.

RESOLUTION R2007-054
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION AUTHORIZING FUNDING FOR PAVING
(NCHS FRONT PARKING LOT)

WHEREAS,  The Nelson County Board of Supervisors in conjunction with the Nelson County School Board endeavors to pave the front parking lot at Nelson County High School, and;

WHEREAS, a solicitation for bids on said parking lot was conducted by the Nelson County School Board staff, and;

WHEREAS, four bids were received and the low bid determined to be $117,812.00;

THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby authorize funding up to $118,000.00 to be appropriated from the FY07-08 Capital Fund Budget, to facilitate the paving, entrance widening, line striping, and curb and guttering of the front parking lot at Nelson County High School.


C.    Wintergreen-VHDA Mixed Use Mixed Income Project (R2007-024)

Mr. Carter introduced this item by stating that Mr. Chris Hilbert of the Virginia Housing Development Authority is here to discuss their Mixed Use Mixed Income program and answer any questions the Board may have. He then deferred to Mr. Hilbert.

Mr. Hilbert, a Senior Community Housing Officer of VHDA addressed the Board and distributed a folder containing information describing the agency’s mission, establishment and some notable projects they’ve done. He noted that VHDA is a housing finance authority, none of the VHDA’s monies are State monies, and that they are a self-sustaining authority who issues bonds and lends that money to first time home buyers or developers of affordable housing. He noted their mission is to provide low-to-moderate income Virginians with affordable housing.

He noted that 2 years ago they were given the ability to do Mixed Use Mixed Income financing in response to National concerns about concentrations of poverty and improving this through integration of incomes within certain areas and allowing the least impact to infrastructure in that people can live near where they work. He noted the Wintergreen Associate Housing project would provide that 20% of the units would be set-aside for people making less than 150% of the area median income, however Wintergreen has lowered this to 50% of the area median income.  He noted this development is not typical but fits within their criteria.

He noted that another requirement of the enabling legislation is that an area be named a revitalization area and is defined as economic or commercial development and not necessarily revitalization in the sense that is normally thought of, such as to revitalize a blighted area.  He noted that the proposed Resolution states that there is economic benefit to the area, which he believes is shown through the job creation, tax revenue, and benefits to infrastructure by Wintergreen workers being able to walk to work.  He finally noted that the loan is a long-term 30 year obligation with no prepayment for the first 10 years, so the affordability of the units is locked in for this time period.  Year 11 has a significant prepayment penalty up until year 15.  He noted there are no other financing vehicles out there with such a long term; with most financial institutions only offering terms of 5 years for fixed rate financing of such projects.  He also noted that their financing can be for up to 90% of the value or 95% of the cost, excluding developer fees which are not allowed to be paid from the loan. There is a minimum 110% debt service coverage requirement, which means the revenue must cover more than the monthly debt service payment by at least 10%.  From an underwriting perspective, he noted that the off-season rentals made this possible and economically feasible.  He noted that the developments are at least annually monitored for building maintenance and program compliance.  He noted two examples of projects that they have partnered with local governments on, one being in Waynesboro and the other in the Chesapeake area.  In closing he noted that in terms of the Resolution before the Board, that certainly the project meets the criteria set forth in the Resolution and while they didn’t build the program around something such as this, it certainly addresses the need of economic development in the area, especially in terms of affordable housing; there was no affordable housing in the area before this and now there is.  He noted the non-required programmatic concessions that the developer has made in their efforts to go forward and noted he would be glad to entertain questions.

In response to questions by the Board, Mr. Hilbert noted the following: that the two example projects discussed did have the same 20% LMI requirements as this project, bondholder’s money fund their projects and there is no taxpayer money funding their lending programs, since July of 2004, they have done 8-10 projects under the MUMI program, the MUMI program requires the Revitalization Area designation because it is considered a non-housing project due to units being rented on a short-term basis and the designation is more an economic development tool under the definition of a Revitalization Area,  the designation of a Revitalization Area is also required because the project is not located in a qualified census tract, meeting certain income/poverty levels, $2.4 million was loaned under a conventional loan program at market rates and $950,000 under the MUMI program for the project, this loan does not affect funding for traditional LMI funded projects because the funding is not separated out by enhancement to traditional funding and this funding is for a strategic mission and is not competing for funds with local agencies since VHDA has bonding authority given by the State with no funding limits, VHDA does permanent financings after construction is complete and construction lending banks lend with the guarantee that VHDA will provide the permanent financing - making the construction financing more attractive and lastly noted that he is comfortable with the Board making the Revitalization Area designation for the sole purpose of enabling VHDA to provide financing for the project.

Ms. Brennan expressed reluctance to classifying anything within Wintergreen a Revitalization Area due to her association of revitalization with improving low to moderate income housing in a blighted area.  She questioned the State’s definition of Revitalization Area and the item (2) of the proposed Resolution which states “and will meet the needs of low and moderate income persons and families in the Area and induce other persons and families to live within the Area”, noting there are no low-to-moderate income persons in the area.

Mr. Hale noted that the rate savings between a market rate and the VHDA rate would equate to approximately $23,275 or 2.45% on $950,000.

Mr. Carter noted that the proposed Resolution is a closing obligation to secure the VHDA funds.

Mr. Bruguiere expressed opposition to the Revitalization Area designation noting Wintergreen is not a municipality or a County; it is a gated/private community and in no way is it being revitalized in any shape or form.  He stated that the housing is for predominately foreign workers to help the resort get through its peak season and there is housing put up privately by orchards all over the County and the State that are being taxed and the County would get nothing for this.  He noted that the designation would be a stretch and to call it a revitalization area would be ridiculous.  He stated that even though the funding is not taxpayer money, the VHDA should help truly blighted areas.

Mr. Harvey noted that VHDA’s funding is not competitive and this project receiving the funding is not going to affect anyone else being funded and he can see no negative impact from making the designation even if they don’t agree with it.

Mr. Stuart Armstrong of the Wintergreen Board of Directors asked to give the Board some background on the issue.  He noted that the County’s strategy has been to grow its existing businesses.  He mentioned the hotel project that has been in the works for Wintergreen, noting that in order to build it; the Board of Directors said to management that on-campus housing would be necessary to attract employees.  He noted that the tremendous retail growth in Waynesboro was taking away potential workers from Wintergreen and their Board of Directors said that Management must actually prove that they can employ enough people to run a hotel, which would be an additional 100 plus workers and grow the business from $35 million dollars to $67 million dollars, and how can it be done when they’re short staffed now?  He also noted that Wintergreen does import workers to cover staffing gaps from local high school and college workers and then in the off season rents the employee housing out.  He noted that part of the 20% LMI individuals that rent the employee housing are construction workers that work on the projects on the mountain. He noted this initiative to be vital from an economic development perspective in that Wintergreen needs the non-recourse financing from VHDA to allow for the recourse financing of the proposed hotel project; enhancing their creditworthiness. He stressed that if they can’t fund the housing project with VHDA money, then that is $3.5 million in borrowing that they won’t be able to borrow for the hotel.  He noted that the decision is a very pivotal one and acknowledged Mr. Bruguiere’s concerns; but implored the Board to deeply consider the decision and its potential impacts.  In closing, he noted that from a taxation perspective, he would vote for paying the taxes on that building at the Wintergreen Board of Directors level.

Mr. Carter noted the Exhibit A as referred to in the Resolution, to be a map denoting the proposed revitalization area encompassing census tract 9502 and expressed his preference for a broader area, rather than a narrower scope around the Wintergreen project, to provide for future projects; negating the need for future revitalization area designations.

The Board discussed deferring action on the resolution pending further review given Mr. Hilbert’s presentation.

Mr. Armstrong noted to the Board that it was vital, from a cash flow perspective to Wintergreen to move forward on the VHDA loan closing and a quick decision would be appreciated.

Mr. Hale noted that the Board has acted in the past as a partner to Wintergreen and the resort’s contribution to the County is appreciated, however it is his belief that if these discussions had been ongoing early in the process and the Board had been asked for it’s view and been advised on how this might work, it would have been preferable to how this has been handled.  He noted a relevant point that was made earlier was that the Board would be endorsing financing for a property that would not show up on the tax roles of Nelson County and if the project were taxed at the value of the loan, it would be revenue of $24,138 to the County and would cost the owner that much. He then noted that the loan savings of using VHDA’s MUMI program vs. a market rate loan to be $23,275, so it seems that if this project were to become taxable, then the incentive to utilize this type of financing would be greatly diminished.

Mr. Bruguiere called for discussion, with Ms. Brennan noting her preference to defer action so as to be sure about her decision; and the Board’s consensus was to re-consider the matter during the evening session.

V.    New Business

A.    FY 07-08 Budget Appropriation- R2007-053

Mr. Carter introduced the resolution appropriating the FY07-08 budget and noted this was required by the Code of VA, and recommended favorable consideration.  He further clarified that this resolution appropriated the budget that was previously approved and any additional monies outside of this would need to be appropriated separately as needed. The process of how the School Board appropriation and expenditures work was briefly discussed.

Following this brief discussion, Mr. Hale moved to approve Resolution R2007-053 Fiscal Year 2007-2008 Appropriation of Funds and Mr. Harvey seconded the motion.  There being no further discussion, Supervisors voted unanimously (5-0) to approve the motion and the following Resolution was adopted.
RESOLUTION 2007-053
FISCAL YEAR 2007-2008
APPROPRIATION OF FUNDS

WHEREAS, the applicable provisions of Chapter 25, Budgets, Audits and Reports of Title 15.2 of the Code of Virginia, 1950 require the appropriation of budgeted funds prior to the availability of funds to be paid out or become available to be paid out for any contemplated expenditure; and

WHEREAS, the Nelson County Board of Supervisors has heretofore approved the Fiscal Year 2007-2008 Budget (July 1, 2007 to June 30, 2008) for the local government of Nelson County and its component units; and

WHEREAS, the Board of Supervisors now proposes to appropriate the funds established in the Fiscal Year 2007-2008 Budget;

NOW, THEREFORE, BE IT RESOLVED by the Nelson County Board of Supervisors that the Fiscal Year 2007-2008 Budget be hereby appropriated on an annual basis by fund category, as follows:
Fund               Revenue(s) (All Sources)        Expenditure(s)  (All Departments)
General         $29,027,866.00                $29,027,866.00
VPA            $  1,763,223.00                $  1,763,223.00
Debt Service        $  3,554,659.00                $  3,554,659.00
E911            $     178,386.00                $     178,386.00
CDBG            $       75,000.00                $       75,000.00
Capital            $     848,846.00                $     848,846.00
School            $23,064,489.00                $23,064,489.00
Piney River Sewer    $       37,000.00                $       37,000.00
Piney River 3 Project    $  5,239,760.00                $  5,239,760.00
Street Lights        $         9,400.00                $         9,400.00

BE IT FURTHER RESOLVED by the Board of Supervisors that:

The General Fund appropriation includes the transfer of $1,763,223 (Account 093100-9201) to the VPA Fund, $2,733,411 (Account 093100-9204) to the Debt Service Fund, and $9,958,667 (Account 093100-9202, Nursing $211,195, and Account 093100-9203, Operations $9,747,472) to the School Fund.  The amounts transferred from the General Fund to the VPA Fund, Debt Service Fund, and School Fund are also included in the total appropriation for each of these funds.

The Capital Fund appropriation includes the transfer of $551,677 (Account 093100-9108) to the Debt Service Fund.  The amount transferred from the Capital Fund to the Debt Service Fund is also included in the total appropriation of the Debt Service Fund.

The appropriation of funds to the School Fund and VPA Fund shall be in total and not categorically.  

The appropriation and use of funds within the General, Debt Service, E-911, CDBG, Capital, Piney River Sewer, Piney River 3 Project and Street Light funds shall adhere to the amounts prescribed by the Board of Supervisors for each department therein unless otherwise authorized by the Board of Supervisors.



VI.    Reports, Appointments, Correspondence, and  Directives

A.    Reports
1.   County Administrator’s Report

Mr. Carter’s report included the following:

1. FY 06-07 and FY 07-08 Budget(s) – Fiscal Year 06-07 will conclude on 6-30.  Year to date budget information continues to support the year ending within budget.  Approval of the FY 07-08 Budget is scheduled for the regular session on 6-12.  Staff recommends any proposed budget revisions be considered at the 7-10 regular session.

2. Courthouse/Government Center Project – The Board’s committee (Ms. Brennan, Messrs. Hale and Carter) met on June 7 to review the progress made by Wiley and Wilson on the project’s schematic phase.  W&W had substantively revised the floor plan for the new courts facility, (including Sheriffs Department, Dispatch and Emergency Services), which reduced the building’s size by approximately 6,000 square feet.  In the ensuing review of the proposed new administration building, the committee agreed to afford W&W additional time to revise the initial floor plans commensurate with input from the committee, the consultant and County staff, who met with the consultants on June 6.  As such, the project presentation to the full Board of Supervisors was postponed until 7-10 with the committee to meet with W&W again on June 26.

Mr. Carter noted that the consultant has been given more time to work on the administrative building floor plan prior to presenting the design to the full Board.

3.  Solid Waste Project:  A. Convenience Centers Project:  Wiley and Wilson will submit 95% plans and specifications (which are final but subject to local/state review) on June 15 (Shipman) and June 29 (Massies Mill).  Thereafter, regulatory review and approvals are required (local/state) with construction bidding to ensue afterwards.  W&W has projected a seven month completion schedule, which staff will endeavor to expedite. Additionally, closing was completed June 7 with VRA on a financing lease (10 year) to provide the County with $2,529,412.60 in funding ($2,460,000.00 after costs to complete construction of three collection sites and the purchase of equipment, including transportation equipment, for four staffed sites the County will operate.  Mr. Carter noted the VRA interest rate to be approximately 4.05%
 
B.  Region 2000 Solid Waste Management Initiative:  Public hearing notice on the proposed establishment of a regional solid waste authority has been advertised in the Nelson County Times.  The notice is required to be completed a minimum of 30 days prior to the hearing, which is scheduled for the July 10, 07 regular session.  The documentation associated with this subject, which has been reviewed by the County Attorney, will be distributed to the Board the week of 6-11.  Mr. Carter noted that the other localities have had no major issues with the Authority documents.

C.  Region 2000 Water Supply Planning :    Mr. Carter noted that he had omitted from his written report an update on the Region 2000 Regional Water Supply meetings attended by himself and Mr. Tim Costillo of the NCSA. He noted the schedule for the project with a January 2009 target date for DEQ review of the plan.  He stated that Phase I was completed last year and phase II is starting up.  He noted that the State has funded $50,000 for the plan and another $50,000 application was pending from DEQ. He also noted that citizen input/participation will be included as part of the public meetings and public hearing process.

4. Piney River 3 Project:  Closing instructions are pending receipt from USDA-RUS/RD, as is final regulatory approval of the project from VA-DEQ.  Once these authorizations are received the project will be advertised for construction bids to be followed by a public hearing and closing on RUS/RD loans funds.

Mr. Carter noted that the project will be bid out in 3 phases (pump stations, water & sewer lines, and close-out of the existing wastewater treatment plant) and the lateral work and grinder pumps will be bid separately. The project will be advertised widely in local and regional papers as well as with industry clearinghouses.  He also noted that there may be one property still in the works for condemnation.

5. Broadband:  The initial Management Team meeting was conducted on June 1, including the project’s engineering consultant, SSM, and the Community Representative from VA-DHCD.  The Management Team will meet monthly.  The consultant has projected a 12 month project schedule with the likelihood of project completion within 9 months.  The initial phase ($25,000 in funding) will be an assessment of need and interest.  Thereafter and subject to a commitment by the County, the second phase ($50,000 in funding) will provide for completion of implementation strategies and costs.  Project funding is from a CDBG Planning Grant authorized by DHCD.  

6.  Biosolids:  The committee met on June 4 for its third work session.  The outcome of the meeting was the incorporation of committee input into the draft ordinance prepared by the County Attorney with subsequent review and input by the Committee prior to submittal of the draft ordinance to the Board of Supervisors.

Mr. Carter noted that the applications are now within the comment period with VDH and the County has submitted some comments and the revised submissions by Synagro are under review.
 
7.  Rockfish Valley Community Center:  As reported in May, staff has been working to complete re-certification of the hydro pneumatic tank that provides water pressure to RVCC.  In lieu of this recertification, which has been determined to be overly problematic, an alternative installation using the existing tank, essentially, as a reservoir, has been designed by engineering staff of NCSA and VDH (Lexington).  The estimated cost, following approval by VDH, is $7,270.00 plus $250 - $500 in related expenses.   There is a deadline of 6-27 for completion of this work, per regulatory requirement of the VA Department of Labor and Industry.  Staff has advised RVCC of its responsibility to provide for the cost of this work, per its 11-8-05 lease agreement with the County.  RVCC has acknowledged this responsibility but advised that has insufficient funds to address the necessary expense, offering to share the cost with the County.   A resolution of this situation is required.  Mr. Carter noted that if nothing is done, the building could be shut down and it was an unforeseen problem and expense.

Mr. Carter noted that RVCC has proposed that they can cover 25% of the costs, roughly $1,875.

The Board discussed the expense associated with this conversion as compared to a similar situation at Fleetwood.  Mr. Carter noted that they have probably already done a similar tank conversion there.

In response to questions about lending RVCC money to fix this, Mr. Carter noted that the County Attorney has said that money cannot be lent directly, however his suggestion is to amend the lease agreement to make RVCC incumbent to repay the money in the form of a lease payment over time.  The Board discussed the long-term feasibility/sustainability of the Community Centers considering the large amounts of money that will need to be spent to maintain the buildings. The creation of an interest free loan fund was suggested with Mr. Carter noting he would check on this option. Brief discussion followed regarding the success of the EMS interest free loan fund and the no-default rate.  Mr. Carter noted the mechanism in place for ensuring no default, that being the ability to withhold annual disbursements.

Mr. Hale noted that this is the reason the Community Center evaluations are being done and until that’s complete, the Board will have to deal with what comes up. Mr. Carter noted that the evaluations should take 3-5 months.  

Ms. Brennan moved to authorize County payment of 75% of actual costs to get the alternative installation of the hydro pneumatic water tank complete at Rockfish Valley Community Center.

The Board discussed including any lease payments in the motion, deciding it wasn’t necessary and also discussed paying RVCC directly by invoice to avoid any procurement issues.

Mr. Harvey seconded the motion and Supervisors voted unanimously (5-0) to approve the motion.

8. Nelson Heritage Center:  The president of the Millennium Group submitted an email request on June 11, 06 to seek an extension of the organization’s lease of the former Nelson Middle School facility.  The lease agreement currently in effect expires on 6-30-07 but does provide for an automatic two year extension.  The Millennium Group’s request seeks a five year renewal and (at Section 5) a proposed amendment that to provide for the repair and “replacement” of the facility’s roof rather than the current language which provides that the “Landlord will repair and maintain the roof if and as needed”.  Staff has recommended to the Millennium Group’s president that it first proceed with the automatic, two year, lease agreement and subsequently endeavor to seek the proposed amendments, one of which, the five year extension, may, per the County Attorney, require the conduct of another pubic hearing.  A response has been received from the organization’s president, requesting therein, the automatic two year extension with the proposed amendments to the current lease to be subsequently submitted.

The Board discussed the roof leaking situation noting that potential grant funding should be explored to have it fixed and it being imperative to fix it before any other improvements can be made. Structural suggestions were made concerning utilizing a slightly sloping A-roof.  Mr. Carter noted that staff can collaborate with the Heritage Center on grant opportunities including contacting Virgil Goode’s office.

9.  Community Centers Evaluation:  Letters to each community center have been completed for the purpose of receiving approval for County staff to complete a physical and organizational evaluation of each center, per the Board of Supervisors establishment of this work as a County objective.  Completion of the assessment is projected to require 3 – 5 months.

10.  Auction of 571 Front Street Property:  The public auction of the County’s 571 Front Street property will be conducted on July 12 at 10 a.m.  Public notice of the auction, including terms and conditions of the sale, will be published in the June 22 and July 5 editions of the Nelson County Times.   Mr. John Bradshaw has volunteered his service as auctioneer for the sale.

Mr. Carter noted the slight delay in having the auction was to ensure the participation of one of the interested parties who is out of the Country right now.  Mr. Carter noted that the minimum bid of $90,000 likely does cover all costs incurred by the County. No architectural expenses were incurred related to the building, mostly maintenance and landscaping costs.

11.  Department Reports:  The monthly reports from County departments and offices will be distributed to the Board on 6-12-07.


2.   Board Reports

Mr. Hale:    Reported on the Courthouse project and noted that Wiley & Wilson were very responsive to the committee’s concerns and are continuing to look at the project to reduce the size of the buildings where they can, while achieving the goals and needs of the County.  He noted the delay in presentation to the full BOS was to allow further work.  He noted the redesign of the Courts to allow for two courtrooms with the J&D court being smaller since only once case can be heard at a time. This was allowed by substantial reconfiguration of the holding cells and access in that area. The next meeting is June 26th.  He noted attending the TJPDC info sharing meeting, where similar local problems were discussed and noted his willingness to go to the Mayors and Chairs meetings.

Ms. Brennan:     Noted attending the Business Appreciation function at Oak Ridge, participation on VACo resolutions committee, JABA Senior Prom, NCHS Government classes – noted a priority of the students was more recreational opportunities, TJPDC meeting on green infrastructure, organizational assessment sub-committee meeting, Blue Ridge Home Builders Association meeting and to Radford for the State Soccer finals, noting the second place finish and substantial Nelson fan participation.

Mr. Harris:    No Report

Mr. Bruguiere:    Reported on the Biosolids Committee work on the draft Ordinance, which Mr. Payne is working on and noted the potential future need for a local Biosolids Monitor.

Mr. Harvey:    No Report


B.    Appointments

1.    JAUNT – Annual Meeting Proxy

Mr. Carter noted that JAUNT has requested that the Board designate its proxy for the annual meeting on July 11, 2007.  The Board appointed Mr. Carter as their proxy for the annual meeting by consensus.

2.    Planning Commission Resignation – South District

The Chairman noted that Ms. Delores Truesdale, South District Planning Commissioner has submitted her verbal resignation to Mr. Harris and Ms. McGarry, with Mr. Harris confirming that he advised Ms. Truesdale to at minimum call the County Administrator’s Office to resign; which she did.

The Board briefly discussed whether or not the resignation had to be formally accepted and Mr. Harris moved that the Board accept the resignation of the South District representative on the Planning Commission.  Mr. Hale seconded the motion and Supervisors voted unanimously (5-0) to approve the motion.  Ms. McGarry noted that the vacancy will now be advertised with Mr. Bruguiere concurring that it be done.

3.    Agricultural & Forestal District Advisory Committee – BOS Representative

Ms. Brennan noted that she would like to continue to serve on this committee. Ms. McGarry noted that a Board representative appointment to this committee was indeed necessary upon having checked the adopted Annual Resolution to confirm that the appointment was not made at that time.  

Mr. Harvey moved to reappoint Ms. Brennan to the Agricultural & Forestal District Advisory Committee.  Mr. Hale seconded the motion and Supervisors voted unanimously (5-0) to approve the motion and the appointment.

Ms. McGarry noted that there are still 3 vacancies on the committee and noted the receipt of one additional application just prior to the meeting. It was noted that the committee does not meet regularly and the Board could choose to wait until next month to consider this appointment without much affect.  The Board’s consensus was to consider the appointment of the remaining 3 vacancies concurrently.

4.    Region Ten Community Services Board

Mr. Bruguiere noted that Catherine Tolton has requested to be reappointed to the Region Ten Community Services Board.

Ms. Brennan moved to reappoint Catherine Tolton to the Region Ten Community Services Board. Mr. Harris seconded the motion and Supervisors voted unanimously (5-0) to approve the motion and the appointment.

5.    Library Advisory Committee – Central District

Mr. Bruguiere noted that Mary Coy has requested to be reappointed as the Central District representative on the Library Advisory Committee.

Ms. Brennan moved to reappoint Mary Coy to serve on the Library Advisory Committee.
Mr. Hale seconded the motion and Supervisors voted unanimously (5-0) to approve the motion and the appointment.

6.    Thomas Jefferson Water Resources Protection Foundation

Mr. Bruguiere noted that Susan McSwain wishes to be reappointed to the Thomas Jefferson Water Resources Protection Foundation.

Mr. Hale moved to reappoint Susan McSwain to the Thomas Jefferson Water Resources Protection Foundation. Mr. Harris seconded the motion and Supervisors voted unanimously (5-0) to approve the motion and the appointment.
7.    Nelson County Welfare Board – South District

Mr. Bruguiere noted that Curtis Truesdale wishes to be reappointed to the Welfare Board representing the South District.

Mr. Harris noted Mr. Truesdale was having some health issues, however given his wish to be reappointed he moved to reappoint Curtis Truesdale to the Nelson County Welfare Board.  Mr. Hale seconded the motion and Supervisors voted unanimously (5-0) to approve the motion and the appointment.

8.    Nelson County Economic Development Authority

Mr. Bruguiere noted that Mr. Erwin Berry and Mr. Steve Crandall both wish to be reappointed to the EDA.

Ms. Brennan moved to reappoint Mr. Erwin Berry and Mr. Steve Crandall to serve on the Nelson County Economic Development Authority.  Mr. Hale seconded the motion and the Board briefly discussed these appointments being the first of the staggered terms as the reason for the shorter appointment cycle and that there is no term limits.

Following discussion, Supervisors voted unanimously (5-0) to approve the motion and appointments.

Mr. Carter noted that in the case of the EDA, the State Code provides that there are no term limits, but unless otherwise provided for in the State Code, the Board of Supervisors or perhaps the entity itself could set term limits.

C.    Correspondence - None

D.    Directives

Mr. Hale: None

Ms. Brennan:

Asked for a resolution recognizing the NCHS Soccer Team’s accomplishments, with the Board noting that, to their knowledge, they join track, golf, and baseball in competing at the State level throughout the school’s history.

Noted the request by the EDA to fund half of the Thomas Jefferson Partnership for Economic Development dues.  Mr. Carter stated that his suggestion would be to address that on the July agenda as an FY08 budget amendment.

Noted wanting a future discussion regarding WPI and the transient occupancy tax.

Enquired about increasing the erosion and sediment control fees to cover costs and Mr. Carter noted that staff is currently working on that.

Enquired about Davenport reporting in July, with Mr. Carter noting that the intention is to be able to show the Board the big picture incorporating courthouse costs as those develop and position the Board to address the upcoming general re-assessment using their finance model, potentially at the July meeting.

Enquired about the status of gating the Gladstone dumpster site, with Mr. Carter noting that plans have been made to put the gate in and he has been talking with the employee who has volunteered his services to open and close the facility. He noted the employee is considering this commitment.  Mr. Carter noted that this was not to be a staffed site right now, and it would be re-evaluated once it has been gated. He also stated that staffing the site would require shelter, water, electricity and restroom facilities etc. He reported that the compactor there is working and the Board discussed how the compactors can give the impression that they are broken, when in fact they are not.  Mr. Carter noted receiving a few phone calls regarding not a having a bulky item depository and recycling at Gladstone with Ms. Brennan noting that she has received several calls wanting open tops at Rockfish during certain times of the year.  Mr. Carter noted this has been an operational discussion, but that overall things seem to be working pretty well.  Further discussion ensued regarding having an open top at Gladstone like at the Montebello site and it was noted that the reason Montebello doesn’t use compactors is because it takes so long to fill one up.  Also discussed was the difference in the citizens using each of those sites.

Enquired as to the status of the sentinel well requirement at the Transfer Station with Mr. Carter noting that a potential site has been identified by Draper Aden on the eastern side of the Norfolk Southern tracks and they’re working with the railroad to agree to have it installed.

Enquired as to the Nelson County branding report with Mr. Carter noting that more work needed to be done and Maureen is establishing a committee to look at this further and will likely come back to the Board.

Enquired about the report on the rents that the County pays with Mr. Carter noting that he thought this had been sent out, but would verify this.

Enquired about the status of the revenue recovery program with Mr. Carter noting that the County is in the implementation phase with work recently completed on the policy documents which will be sent to the printer and distributed to the EMS council and the Board.  He noted that the Medicare license is still in process and the first batch of call sheets are anticipated to be sent out to DAB this week.

Noted interest in the formation of a Budget Committee, asked that staff look at this including composition and functionality.

Enquired about the Planning Commission working on the Comprehensive Plan with Mr. Boger noting that they will begin working on it and looking at the two master plans, Lovingston and Nellysford during its upcoming 5 year review.  Mr. Bruguiere suggested a cursory review of the existing plan, approving areas that are okay and revising it rather than a full blown review of the entire plan.

Mr. Harris:

Noted invoices paid by the Gladstone Senior Center and submitted on their behalf, for roof patching and walk-in cooler repair totaling $2,602.18. Mr. Carter distributed copies of these to the Board for review.  Mr. Harris noted that he thought that the Senior Center had already paid the bills, but wasn’t sure and Ms. Kitty Lyle had requested assistance for the two items.

Noted that the Board may need to consider refunding the Massies Mill Community Center taxes once the settlement on the sale of the land is finalized, taking it out of the settlement.  The Board discussed that the Center has never paid any taxes so none had been refunded and that the Center should pay them so they can be refunded in order to keep the Treasurer’s records in order.

Mr. Carter noted that the final deed work on the sale of the property has been fast tracked with the survey having been done and the attorneys finalizing the closing.  He also noted that the agreement to his recollection does require a deduction from the settlement of any outstanding taxes. The Board discussed resolution of the back taxes issue with the consensus being that the back property taxes owed to the County be deducted from the settlement of the sale and then subsequently refunded to the Community Center; with the directive that the Community Center is responsible for paying any penalty and interest due that has accrued over time.  

Mr. Harvey:

Concurred with Ms. Brennan to recognize the soccer team and would like a letter of appreciation sent to Tom Saunders of the Green & Gold club for their financial support of the team.

Enquired about grass maintenance around the Rockfish convenience center site, with Mr. Carter noting that it has been cut inside the fence by the Maintenance Dept. Mr. Harvey noted that he would like to see the whole area down there better maintained and offered to send staff a quote from a local person in his area to keep it up.

Noted having passed along proposed Erosion and Sediment Control Program information to some local contractors who will be affected, and recommends utilizing public hearings during the process.  Mr. Carter noted that staff is meeting on the E&S corrective action plan and noted the potential for the implementation of an alternate inspection program that may diminish the need for additional staffing for E&S inspections, but is not guaranteed.  The Board discussed the inconsistencies in these requirements across the State and some requirements viewed as going overboard.  Mr. Carter noted the goal of staff is to look at how to comply with the State laws and regulations and noted that Mr. Aho could address the Board at the August meeting when considering the draft Ordinance and a compliance plan, and relevant affected parties could be included.  He also noted that the corrective action plan schedule is such that the deadlines are six months out, giving the County ample time for compliance. Mr. Carter noted that a draft of the proposed Ordinance amendments may be sent out for the Board’s review in July along with a resolution to endorse a public hearing for consideration.
Mr. Harris:

Noted that nothing had been done with regards to his earlier request for consideration of the Gladstone Senior Center financial assistance for the roof patching and repair of the walk-in cooler.  The Board discussed the replacement of the roof in 1998 for $50,000 and the building’s non County-owned status. The Board discussed willingness to help pay for the roof repair but expressed hesitation on funding the cooler repair request.  The Board also discussed this request versus the requests made by RVCC for water tank repairs etc, and it was suggested that the Board consider Gladstone’s request as two separate items.

Mr. Harris moved to assist the Gladstone Community Center with $600 for repairs to the roof.  Mr. Harvey seconded the motion and there being no further discussion, Supervisors voted unanimously (5-0) to approve the motion.

Mr. Harris provided an explanation regarding the cooler repairs, stating that the Center was directed to either repair the cooler or remove it.  The Center was told by someone that they needed a new cooler; however they found someone who could repair it for $2,000.  The Board discussed whether or not the other centers have these same coolers and why Gladstone didn’t come to the Board sooner.  

Mr. Harris moved to assist the Gladstone Community Center with half of the costs to repair the cooler; approximately $1,000.  Mr. Hale seconded the motion and there being no further discussion, Supervisors voted (4-1) to approve the motion with Mr. Bruguiere voting No. He stated that Fleetwood received no similar assistance, hence his no vote.

Mr. Harris noted he would contact Ms. Lyle and let her know the Board approved $600 for the roof and $1,000 for the cooler with Mr. Carter noting that County staff could contact her and Mr. Harris obliged.

The Board discussed the past potential conveyance of the Gladstone Community Center building with Mr. Carter noting the building’s shortcomings. The Board noted the potential litigation that could stem from putting tax-payer dollars into a building that doesn’t belong to the County, with Mr. Carter noting that it is in the mix to be evaluated along with the other community centers. It was noted by Mr. Harris that CSX gave the building to the Community Center.  

VII.    Recess and Reconvene for Evening Session

At 5:20 P.M., on a motion by Mr. Harvey, and seconded by Mr. Hale, Supervisors voted unanimously (5-0) to recess and reconvene for the evening session at 7:30 PM.  


EVENING SESSION
7:30 p.m. – Nelson County Courthouse

I.    Call to Order

Chairman Bruguiere called the meeting to order at 7:35 p.m. with four (4) Supervisors present to establish a quorum and Ms. Brennan being absent.


II.    Public Hearings

Mr. Harvey noting the absence of the applicants for agenda item A. and the presence of the applicant for agenda item C. requested that the Chair consider items C and B first to allow the applicants for agenda item A. time to present themselves. The Chair so noted the presence of Mr. Yoho and the public hearings were held in the following order.

A.    Exception of Setback Requirement – A. Yoho Tax Map #33-9-21

Mr. Boger overviewed the request noting that Mr. Yoho was requesting a reduction of the 100 ft. setback requirement of Lakeland subdivision to allow for a proposed addition to his existing structure.  He noted that when the original building permit was issued in 1995, the plat did not pick up the additional setback requirement and in order to make his project work he needs the exception.  He noted that the Homeowners Association has waived their covenant requirements for the project.  Mr. Boger noted that in discussing this with Mr. Payne, if the Board approves it, the copy of the drawing and the approval can be recorded instead of doing a whole new plat.
Mr. Boger noted that the Planning Commission recommended approval to grant the exception.

There being no questions from the Board and no additional comments from the applicant, Mr. Bruguiere opened the public hearing. There being no persons wishing to speak, the public hearing was closed.

Mr. Harris moved to approve the setback exception requirement as presented and Mr. Hale seconded the motion.  

Mr. Hale asked for clarification regarding Mr. Boger’s statements about the plat, with Mr. Boger reiterating his previous explanation.

There being no further discussion, Supervisors voted unanimously (4-0) to approve the motion and the setback exception for Mr. Allen Yoho, Tax Map #33-9-21.

B.    Final Subdivision Plat “Fernside” – G. Rodgers Tax Map #69-3-3

Mr. Boger overviewed the request noting that the applicant proposes to divide 35.86 acres into 8 lots located on Rt. 56 and Deer Run Lane. The preliminary plat was approved by the Planning Commission in June of 2006, so it falls under the Old Ordinance for approval.  He noted the soils work has been approved and the Soil and Water Conservation District is completing its review. He noted that the Planning Commission recommends approval pending approval of the final E & S plan.

Mr. Harvey commented that the entrance to the subdivision does not look right on paper, with Mr. Boger noting the revised drawing included in the Board’s packet.  It was noted that VDOT approved the entrance, as revised by them for safety reasons, to come out onto Rt. 648 Deer Run Lane rather than on Rt. 56.  Mr. Boger noted that a permit from DCR will be necessary for the project.

There being no further questions, Mr. Bruguiere opened the public hearing. There being no persons wishing to speak, the public hearing was closed.

Mr. Harris moved to approve the final subdivision plat for Fernside, Tax Map #69-3-3.  Mr. Harvey seconded the motion and there being no further discussion, Supervisors voted unanimously (4-0) to approve the motion and the final subdivision plat for Fernside, Tax Map #69-3-3.
    
C.    Conditional Use Permit #2007-003 - Veritas Vineyards Tax Map #3-A-154A

Mr. Boger noted that the public hearing for this application had been held in May and a decision deferred at the request of the applicant.  He also noted that pending revisions to the Ordinance could render the application moot.  Mr. Harvey noted having spoken with the applicants and their attorney who prefer to proceed with the application. The parking accommodations were briefly discussed and the parking was noted to be a non-issue.

Mr. Harvey moved to approve Conditional Use Permit #2007-003, Veritas Vineyards Tax Map #3-A-154A and Mr. Harris seconded the motion.  There being no further discussion, Supervisors voted unanimously (4-0) to approve the motion.

D.    Amendment of NC Code Article I, Ch 11-8 Courthouse Security Fees (O2007-007)

Mr. Carter overviewed Bill 1082 which the General Assembly enacted to allow localities to increase the current $5.00 fee for court convictions to $10.00 and noted it was presented by the Courts and is endorsed by Sheriff Brantley.  He noted the revenue from this fee to be highest in the last four years of $19,000 and this year it is estimated to be $15,000, attributing this decline to declining traffic tickets.  He noted the money has to be used for Courthouse security personnel and if requested by the Sheriff, for equipment or other personal property related to courthouse security.  He recommended favorable consideration by the Board and noted that appropriate tracking would need to be ensured.

Mr. Carter noted that the Sheriff’s Department typically contracts with retired State Police officers or former County deputies to provide courtroom security.  The increase in fees could potentially double the amount of revenue taken in to provide increased security.

Mr. Bruguiere opened the public hearing and there being no persons wishing to speak, the public hearing was closed.

Mr. Carter noted that in consideration of the Ordinance, he recommends additional language that allows for fees to be spent for courthouse security personnel and, if requested by the Sheriff, equipment and other personal property used in connection with courthouse security to conform to the broader usage that the State law allows.  The Board discussed this and opted to remove the word personnel from item (b) of the proposed amendment to accomplish the same goal.

There being no further discussion, Mr. Hale moved to adopt O2007-007 Amendment and Reenactment of Article I, Chapter 11, the Imposition of Costs for Courthouse Security, raising the assessment to $10.00 in each case as revised in paragraph (b) to eliminate the word personnel.  Mr. Harris seconded the motion and there being no further discussion, Supervisors voted unanimously (4-0) to approve the motion and adopt O2007-007.

Mr. Carter noted that clarification may be needed on the exclusivity of funds being used and associated cost allocations to ensure the appropriate tracking/account posting (i.e. prisoner transport etc.).

III.    Other Business

A.    Wintergreen-VHDA Mixed Use Mixed Income Project (R2007-024)

Mr. Harvey noted having spoken to Ms. Brennan who requested that a decision on this matter be held until she could be in attendance. The Board decided by consensus to defer consideration of this matter until the next meeting.
IV.    Public Comments

Mr. Hale recognized the attendance of South District Board of Supervisor candidate Joe Dan Johnson.  

Mr. Bruguiere noted upcoming issues regarding the possibility of the Health Department approving an alternate septic system consisting of a septic tank that allows the effluent to drain into a ditch and monitored.  He noted the Board may be charged with whether or not to allow it with Mr. Carter noting that a meeting is being scheduled with VDH to discuss it prior to their approval.  The Board briefly discussed alternate systems and who will monitor them with Mr. Boger noting that Albemarle County doesn’t allow them. He also noted that the current Subdivision Ordinance allows alternate systems, so he has to approve it, but the Health Department can deny it based on input from the Board and the County may be able to exclude certain types of systems by Ordinance.

Mr. Bruguiere noted that the Health Department needs to address the Board and explain what types of systems are possible and noted he will report back to the Board after the meeting.

Mr. Carter noted that only two Board members should attend the meeting.

V.    Adjournment

At 8:00 P. M., on a motion by Mr. Harvey and seconded by Mr. Hale, Supervisors voted unanimously (4-0), to adjourn until 2:00 PM on July 10, 2007 at the Nelson County Courthouse, Lovingston, Virginia for the regular scheduled meeting.





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