Board of Supervisors: Board of Supervisors Meeting Minutes-July 10, 2007

Board of Supervisors Meeting Minutes-July 10, 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
       Harris 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
       Betty M. Fortune, Planning Secretary
       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 2:10 P. M. with four members present to establish a quorum. Mr. Harvey joined the meeting at 4:00 P. M.

A.   Moment of Silence
B.   Pledge of Allegiance
C.   Leonard Tyree Recognition of Service (R2007-056)

Mr. Harris made a motion to adopt the resolution recognizing Leonard R. Tyree,
Ms. Brennan seconded the motion, and Supervisors voted unanimously (4-0) to approve
the motion.

RESOLUTION R2007-056
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION RECOGNIZING LEONARD R. TYREE

WHEREAS, Mr. Leonard R. Tyree of Gladstone was a charter member of the Gladstone Rescue Squad, formed in 1968; and

WHEREAS, Mr. Leonard R. Tyree dedicated himself for 40 years in the service of the Gladstone Rescue Squad and was a lifetime member,

THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby recognize and commend the late Leonard R. Tyree for his outstanding public service to the citizens of Gladstone and Nelson County.

D.   NCHS Soccer Team Recognition (R2007-057)

Ms. Brennan made a motion to adopt the resolution recognizing the 2007 NCHS Varsity
Boys Soccer Team, Mr. Harris seconded the motion, and Supervisors voted unanimously
(4-0) to approve the motion.

RESOLUTION R2007-057
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION RECOGNIZING THE 2007 NCHS VARSITY BOYS SOCCER TEAM

WHEREAS, the Nelson County High School varsity boys soccer team had a regular season record of 12 wins, 1 loss, and 3 ties, and subsequently defeated Amelia County, George Mason and Riverheads to win the Region “B” Championship; and

WHEREAS, the Nelson County High School varsity boys soccer team went on to defeat Matthews County in the State semi-final game to advance to the State Championship game; and

WHEREAS, the Nelson County High School varsity boys soccer team completed its 2007 season as the State runner up in the State Championship finals in Radford, Virginia making it the first Nelson County High School varsity boys soccer team to compete in a state final match,

THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby recognize and congratulate the 2007 Nelson County High School varsity boys soccer team consisting of twenty-two players: Jesse Coyner, Avery Makel, Daniel Eggleston, Sammy Whitehead, Jon Boor, Brandon White, Albert LaChance, Lupe Zarate, Luke Longanecker, Caleb Saunders, Koda Kerl, Jack Farley, Jon Merkel, Anthony Daniels, Cody Mower, Clark Goodling, Carter Eggleston, Terry Lau, Zane Massie, Justin Crandall, Daniel Vanison and Matthew Vanison, and coached by Head Coach Pete Hauschner and Assistant Coaches Jeff Harris and Nelson Gonzalez.

Mr. Hughes Swain, representing Nelson County Farm Bureau, presented Mr. Harris with
a plaque on behalf of Farm Bureau in recognition and honor of his dedication and service
to Nelson County Farm Bureau. Mr. Harris, in turn, thanked Mr. Swain for the
contribution Nelson County Farm Bureau makes to the County.

II.   Consent Agenda
   Mr. Harris made a motion to approve the Consent Agenda and Ms. Brennan seconded the motion. Supervisors voted unanimously (4-0) to approve the motion, and the following resolutions were adopted:

RESOLUTION-R2007-058
NELSON COUNTY BOARD OF SUPERVISORS
APPROVAL OF MEETING MINUTES
(June 12, 2007)

RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board’s meeting conducted on June 12, 2007 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.

RESOLUTION (R2007-059)
AMENDMENT OF FISCAL YEAR 2006-2007 BUDGET
NELSON COUNTY, VA
July 10, 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
       $ 1,200.00   3-100-009999-0001   4-100-092010-9201

RESOLUTION (R2007-060)
AMENDMENT OF FISCAL YEAR 2007-2008 BUDGET
NELSON COUNTY, VA
July 10, 2007

BE IT RESOLVED by the Board of Supervisors of Nelson County that the Fiscal Year 2007-2008 Budget be hereby amended as follows:

II.          Appropriation of Funds (General Fund)
Amount   Revenue Account   Expenditure Account
       $   67,668.00   3-100-009999-0001   4-100-043040-7005

      II.       Appropriation of Funds (Capital Fund)
Amount   Revenue Account   Expenditure Account
       $118,000.00   3-110-009999-0001   4-110-094100-8241

      III.       Transfer of Funds (Debt Service Fund)
Amount   Credit Account (-)   Debit Account (+)
       $ 15,345.00   4-108-095200-9110   4-108-093100-9205

      IV.       Appropriation of Funds (School Fund)
Amount   Revenue Account   Expenditure Account
       $ 15,345.00   3-205-004105-0108   4-205-063100-9303

       V.       Transfer from General Fund Contingency
Amount   Credit Account (-)   Debit Account (+)
       $    6,250.00   4-100-999000-9901   4-100-091030-5631

RESOLUTION-R2007-061
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

$101.41       Personal Property       Edward L. Embrey
                           10884 Rockfish River Rd.
                           Shipman, VA 22971

RESOLUTION (R2007-062)
SALARY AND CLASSIFICATION SYSTEM

BE IT RESOLVED by the Nelson County Board of Supervisors that the local government’s “Salary and Classification System” is hereby amended to incorporate the following:

A four percent (4%) cost of living salary adjustment shall be hereby authorized for Nelson County personnel employed pursuant to the County’s salary classification and pay plan, effective on July 1, 2007. Additionally, a four percent (4%) salary adjustment shall be authorized for all regular part-time employees, and all full-time employees, inclusive of the elected official, employed in a Constitutional Office. The four percent (4%) for Constitutional Offices is based on the State Compensation Board approved salary in effect on July 1, 2007 and is inclusive of the approved State Compensation Board employee raises effective December 2007. The local salary supplement for the Registrar and Constitutional Offices shall be calculated in accordance with the governance established for this purpose and approved by the Board of Supervisors on November 21, 2006. The wage adjustment for part-time employees in Constitutional Offices shall be determined by the Constitutional Officer within the approved Fiscal Year 2007-2008 budget. Employees serving in positions funded by grants shall be paid in accordance with the terms of the grant. Local salary supplements to the amount of grant funding may be authorized by approval of the Board of Supervisors.

BE IT FURTHER RESOLVED, that a four percent (4%) cost of living salary adjustment be authorized for the Victim Witness Advocate position based on the authorized grant salary.

       Also requested is approval for a part-time Victim Witness Advocate position,    similar to the part-time position approved in 2006.

III.   Public Comments and Presentations (A change in agenda order was agreed upon by Supervisors.)

A.   Presentation – Courthouse Project (Wiley & Wilson)

Mr. Randy Vaughan of Wiley & Wilson presented an updated plan for the Nelson County Governmental Complex which includes the following:
•   retention of the historic courthouse as the prominent feature of the complex
•   retention of the old jail (with possible use as restroom facility)
•   retention of the present Sheriff’s office building (for possible Tourism location)
•   new 2-story County administration office building
•   new courts building, utilizing historic courthouse basement and first and second      floors.
•   new central elevator tower would be used to access all departments.

Mr. Vaughan presented two preliminary budgets, using a low and high cost per unit.
   Total New Construction (Court-
   House, Administration Building)   $9,488,000   $8,343,900
   Total Renovation (Historic Court-
   House, Jefferson Building, Old Jail)      4,256,430      3,212,425
   New Stair Tower Construction         225,000         205,000
   Site Improvements      2,100,000      2,100,000
   Construction Total    16,069,430   13,861,325
   General Contractor’s O & P & Tax      3,213,886      2,772,265
   Total Construction   19,283,316   16,633,590

   Furnishing & Equipment, A/E, fees,
   Testing, Construction Support
   Services      3,330,415      2,815,199
   Project Subtotal   22,613,731   19,448,789
   Contingency (10%)      2,261,373      1,944,870
   PROJECT TOTAL   24,875,104   21,393,668
   Escalation @ 5%/year for 1 year         $26,118,859                $22,463,351

Mr. Bruguiere expressed concern that the cost was so high. He confirmed that the renovation includes $50,000 to move the building currently located at the rear of the Courthouse. Mr. Vaughan added that prisoners would be transported underground into the appropriate court room and there would also be a security entrance for the general public.

   B. Presentation – Financial Analysis (Davenport & Co.) & Bond Funding (Sands,            Anderson, Marks & Miller)

Mr. Roland Kooch of Davenport & Co. made a presentation to the Board on the financial impact of the Courthouse and other Capital Improvement Projects (CIP). He presented four scenarios/cases:
   Case 1 – Impact of Operations (Revenues Over Expenditures + Existing Debt Service) with no new CIP ($895,263 revenues under expenditures).
   Case 2 – Impact of Operations (Revenues Over Expenditures + Existing Debt Service) plus Priority One CIPs in 2008 (Solid Waste Project - $2,500,000, Piney River Phase 3 - $5,338,068, Courthouse - $26,118,859) for a total of $33,956,927.
   Case 3 – Impact of Operations (Revenues Over Expenditures + Existing Debt Service) plus Priority One CIPs in 2008 ($33,956,927) and Radio Communication System in 2009 ($4,662,450) for a total of $38,619,377.
   Case 4 – Impact of Operations (Revenues Over Expenditures + Existing Debt Service) plus Priority One CIPs in 2008 ($33,956,927), Radio Communication System in 2009 ($4,662,450), and School CIP in 2008-2012 ($7,210,066), for a total of $45,829,443.

Key Assumptions for the cases include:
   * No impact from Wintergreen development
   * 30% increase in taxable valuation from impact of general reassessment in FY 2008 with no roll-back in tax rate (72¢)
   * 15% increase in taxable valuation from impact of general reassessment in FY 2012 with no roll-back in tax rate (72¢)
   * Total revenue growth = 3.2% to 3.3% (non-reassessment years)
   * Expenditures growth (including schools) = 4.6%

In addition, in Case 1, budget forecast projects revenues over expenditures for FY2008 – FY2012. In Case 2, budget forecast projects revenues over expenditures for FY2008 – FY2012 and FY2011 projected budget requires 6.2¢ equivalent tax impact in order to support new debt service. Excluding approximately $6.0 million for the administration complex reduces the additional equivalent tax impact to 4.0¢. In Case 3, budget forecast projects revenues over expenditures for FY2008 – FY2010 and FY2011 projected budget requires an additional 8.1¢equivalent tax impact in order to support new debt service. Excluding approximately $6.0 million for the administration complex reduces the additional equivalent tax impact to 5.9¢. In Case 4, budget forecast projects revenues under expenditures for FY2008 – FY2012 and 15.8¢ equivalent tax impact required in FY2008 plus additional 2.0¢ impact in FY2011 in order to support new debt service and school CIP on a pay-as-you-go basis. Excluding approximately $6.0 million for the administration complex reduces the first equivalent tax impact to 15.4¢ and eliminates the second additional equivalent tax impact in 2011.

Mr. Paul Jacobson of Sands Anderson Marks & Miller discussed lease revenue financing through Economic Development Authority (EDA), the structure of such financing, and the options of interim financing and long-term financing. He distributed a reimbursement resolution for consideration in the future which allows the County to reimburse itself from the proceeds of one or more tax-exempt financings for certain expenditures made and/or to be made in connection with the acquisition, construction, expansion, renovation and equipping of the courthouse and administration facilities. There is one such agreement in place now which needs to be updated.

Discussion returned to Mr. Vaughan who said that the 1st phase of plans could be finished by the end of August and the entire plan completed by ____________. Bids could go out by late spring of 2008. One alternative would be to eliminate the office building and use some of the unassigned areas, such as use of the Jefferson building for office space. Mr. Bruguiere asked if the project could be phased and Mr. Vaughan replied that the courts building is the driving force. If the administration building is eliminated, it would reduce the cost of building and parking. Mr. Harris noted that costs will increase the longer the project is postponed. Mr. Bruguiere stated concern over the impact on taxpayers and Mr. Hale added that the courts facility must be upgraded. Mr. Vaughan agreed.

Mr. Bruguiere recommended that the Board meet again with Mr. Vaughan to look at the current design and try to determine what can be done, with the goal of making a decision in August. Mr. Vaughan confirmed his understanding of the direction the Board has discussed: (1) develop the court facility ___________; (2) schedule an interactive design for the court facility at this time; and (3) get further feedback from the Board by August.

C.   Public Comments – None

There was a 5-minute recess – meeting continued at 4:10 P. M.

IV.   Unfinished Business

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

Mr. Carter reported that Mr. Brent Douglass, Vice President of Development, Wintergreen Partners, Inc. (WPI) and Mr. Chris Hilbert, Sr., Community Housing Officer with Virginia Housing Development Agency (VHDA) have asked the Board to approve a resolution that would establish eligibility for Wintergreen Resort (WPI) to obtain funding from the VHDA through the Authority’s REACH Virginia Program for the resort’s Associate Housing Project. This is the third time this resolution has come before the Board and the resolution has been minimally revised to specifically make reference to the proposed revitalization area that is an incumbent condition of the VHDA financing program. Mr. Harvey asked if the funding could be accomplished without the County’s involvement. Mr. Hilbert responded that it could not, due to restraints on providing income verification ____________________. Some units are rented on a short-term basis, so they are classified as mixed use, which is the only vehicle VHDA has to obtain financing.

Mr. Harvey asked how the “revitalization” designation applies. Mr. Hilbert said that the term can mean blighted area or economic development. This project definitely falls into the economic development category because it is designed to create housing for workers at Wintergreen.

Ms. Brennan stated that she feels this resolution is being rushed. Some citizens don’t want the area to be “revitalized” because they’re not sure what that means. Mr. Hilbert pointed out that the resolution states that it is to be used “for the sole purpose of empowering Virginia Housing Development Authority to provide financing for a mixed-income, mixed-use development.”

Mr. Harris made a motion to adopt the resolution based on its _______________ as an economic development area, not a blighted area. There was no second to the motion.

Referring to the resolution, Mr. Hale said that in the first item ([1] the industrial, commercial or other economic development of the Area will benefit the County but the Area lacks the housing needed to induce manufacturing, industrial, commercial, governmental, educational, entertainment, community development, healthcare or nonprofit enterprises or undertakings to locate or remain in the Area), most items do not apply to the associate housing project. The second item ([2] private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in the Area and will induce other persons and families to live within the Area and thereby create a desirable economic mix of residents in the Area) doesn’t accomplish any of the stated objectives.

Mr. Bruguiere said he could not support the resolution since the wording cannot be changed. Ms. Brennan said that better communication is needed between Wintergreen developers and the County. Sufficient time is needed to consider these issues. When the building was constructed, there was no mention of involvement by the County.

Mr. Douglass said that he agrees with Ms. Brennan concerning communication, and that the word “revitalization” is a problem. Wintergreen’s benefit to the County is economic development since they offer a facility for low income, temporary housing. The purpose of the application is to be able to obtain the best financing rate.

The previous motion failed 1-4 with Mr. Harris voting yes and Messrs. Hale, Harvey, and Bruguiere and Ms. Brennan voting no.

Mr. Bruguiere expressed regret to Mr. Douglass and that the Board desires to keep a good working relationship with Wintergreen. Mr. Hilbert said that the project wasn’t originally introduced as mixed use, low income, but Wintergreen couldn’t comply with the requirements, thus the change to this option. VHDA would like to explore the possibility of helping the County with future projects. Mr. Bruguiere suggested that he contact Mr. Krieger regarding low/moderate income housing needs.

B.   Proposed Biosolids Ordinance – Authorization for Public Hearing

Mr. Payne, County Attorney, reported that the Biosolids Committee has met three times and three main topics were discussed: 1) Being able to test biosolids before they are land-applied. (Further research has determined that samples are taken and tested numerous times throughout the process and further testing was deemed impractical.) 2) Testing for other chemicals that could be added to the biosolids. (No standards have been set at this time, so there is no way to enforce such a process. Testing of items without standards would be very expensive.) 3) Notice to adjoining landowners when the application of biosolids is planned.   (Adjoining landowners can come to the meetings and voice their opinion before actual spreading.) The Committee has unanimously approved the draft ordinance.

Ms. Brennan asked whether the State Code specified the type of testing that was done, and Mr. Payne replied that all details of the testing are in the State Code. Surveys of other counties show different methods of testing. Some counties do not conduct further testing; other said testing matched the standards. Federal and State regulations must be met before sewage is shipped. Further testing may not be worth the effort.

Mr. Hale made a motion to adopt the resolution authorizing a public hearing to amend Chapter 10, Solid Waste, Article 11, Biosolids of the Code of Nelson County. Mr. Harris seconded the motion, and Supervisors voted unanimously (5-0) to adopt the resolution.

RESOLUTION R2007-063
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION AUTHORIZING A PUBLIC HEARING TO AMEND CHAPTER 10, SOLID WASTE, ARTICLE II ,BIOSOLIDS OF THE CODE OF NELSON COUNTY

WHEREAS, the Biosolids Committee has submitted a proposed Biosolids Ordinance for consideration by the Nelson County Board of Supervisors; and

WHEREAS, pursuant to §15.2-1427 of the Code of Virginia (1950 as amended) the Board of Supervisors must publish a descriptive notice of its intent to receive citizen comments on its intent to propose for passage amendments to the County Code,

THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby authorize the advertisement of a public hearing on a proposed Amendment to Chapter 10, Solid Waste, Article II Biosolids of the Code of the County of Nelson, Virginia; pursuant to Sections 15.2-1426, 15.2-1427, 62.1-44.19:3 and 32.1-164.5 et seq. of the Code of Virginia (1950, as amended).

BE IT FURTHER RESOLVED, that the public hearing is hereby scheduled for the August 14, 2007 Board of Supervisors Meeting at 7:30 PM at the Courthouse in Lovingston, Virginia.

IV.   New Business

A.   Proposed E & S Ordinance Amendment – Authorization for Public Hearing (R2007-064)

Mr. Carter, Mr. Mark Bolt (Building Official), and Mr. David Thompson (Building Inspector) have reviewed the current E & S Ordinance and have proceeded with development of actions necessary to comply with the Corrective Action Agreement (CAA) with the Virginia Department of Conservation and Recreation (DCR). Of major concern is the requirement to inspect every E & S site every two weeks; therefore, a rating system is being considered which utilizes an Alternate Inspection Program which will assist in reducing the required level of required periodic inspections. This plan has been submitted to DCR and a favorable result is expected.    The ordinance needs to be revised by October, including the fee structure. Mr. Carter said staff would like to talk further with DCR about the fee structure, but the Board can proceed with the resolution for public hearing.

Mr. Carter stated that four items of compliance are needed: 1) the ordinance needs to be updated; 2) more documentation of inspections will be required; 3) more inspections will be required; and 4) enforcement of E & S policies is mandatory. These revisions apply to any disturbance of property that requires and E & S plan.

Mr. Carter stated that staff will develop a better understanding of the fees and meet again with DCR. He recommended holding the public hearing resolution until August and asking representatives from DCR James Watershed office to attend the meeting.

V.   Reports, Appointments, Correspondence, and Directives

A.   Reports

       1. Mr. Carter’s report included the following:

1)   Budgetary – Fiscal Year 06-07 concluded on June 30. Analysis of the budget’s condition at year end is being initiated. Robinson Farmer Cox Associates will begin the audit of FY 06-07 in August with the final CAFR to be completed by November 07.

2)   Solid Waste Project - Collection Centers Project: Plans and specifications have been submitted by Wiley and Wilson for the Shipman and Massies Mill Collection Site projects. The Site Plan Review Committee is scheduled to review the plans and specifications on July 11. The project is positioned to proceed to the advertisement for bids phase following site plan review approval. The abandonment from the state Secondary System of the loop road at the Massies Mill site is scheduled for later today and is a requisite project condition. A public hearing will not be required in order to provide for the granting of a utility easement by the County to Appalachian Electric Power. The plans and specifications call for no longer than 90 days for construction of each facility with 30 days for resolution of “punch list” items.

3)   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 can advance to the bid phase. It is suggested that lateral work be bid separately.

4)   Broadband – The project management plan has been completed and the Management Team has established a work schedule to provide for project’s completion.

5)   Rockfish Valley Community Center – Work is in process to address required improvement of the potable water system at RVCC. A successful result by the end of July is anticipated.

6)   Community Centers Evaluation – The project is in its initial phase of development. The Building Official’s office will coordinate and complete assessments of each center (excluding the Nelson Center). A final report summarizing the building assessment and each facility’s operational plans will be submitted to the Board for consideration.

7)   Auction of 571 Front Street Property – The public auction of the County’s 571 Front Street property is scheduled for July 12 at 10 o’clock A. M. Public notice of the auction was published in the June 22 and July 5 editions of the Nelson County Times.

8)   Virginia Blue Ridge Railway and Tunnel Projects: The VBRRT is positioned administratively to proceed into the next phase of construction (primary bridge refurbishment). A construction start date has not been finalized at this time. On the BR Tunnel Project, the County’s application to VDOT for Transportation Enhancement Program grant funding was not approved. However, DCR has tentatively awarded the County a grant for $100,000 for the Tunnel initiative. A schedule of project milestones will be established and submitted to the State for additional funding.

2.   Board Reports

       Mr. Hale stated that direction is needed on the Courthouse Project.

       Ms. Brennan reported that she met with Kevin Wright regarding a road issue at __________ Winery. The 4th of July parade was great! The Virginia Farm Bureau dinner was attended. The Thomas Jefferson Criminal Justice Board meeting was attended with an interesting program on evidence-based practices. A grant has been received to train deputies and sheriffs in crisis intervention for mentally ill persons.

       Mr. Bruguiere reported that the Nelson County Service Authority building plans have been submitted to Central Virginia Electric Cooperative with the request that a vinyl front exterior rather than brick be used to reduce construction costs. Mr. Carter said there are minimum design standards for the Industrial Park that must be complied with.

B.   Appointments
1.   Planning Commission, South District

           Mr. Bruguiere requested that the appointment be deferred until August as there is another applicant, Dr. Gantt, who has also applied. Determination needs to be made whether Rob Rutherford, another candidate, is in East or South district.

           Mr. Stu Armstrong has submitted an application for membership on the JAUNT board. This was also deferred until all vacancies can be filled.

           Appointments to the Agricultural/Forestal Districts Advisory Committee were deferred until all seats can be appointed concurrently.

VI.   Recess and Reconvene for Evening Session

At 5:55 P. M., Mr. Harvey made a motion to recess and reconvene the meeting at 7:30 P. M. Ms. Brennan seconded the motion, and Supervisors voted unanimously (5-0) to approve the motion. (Several items were carried over to the Evening session.)

EVENING SESSION

7:30 P. M. – NELSON COUNTY COURTHOUSE

I.       Call to Order

II.   Public Hearings

   A. Special Use Permit #2007-003 – P. Ragland (Tax Map #81-A-45C)

Mr. Hale withdrew from the discussion and decision on this SUP as he was the preparer of the most recent plat for the Ragland’s property in which a determination was made that the structure was outside the 100 year floodplain of Mayo Creek.

Mr. Boger reported that Mr. and Mrs. Ragland applied for a SUP to operate a public garage at 855 Cabell Road. The Planning Commission held a public hearing on June 27, 2007, with Roger Nelson, David Hess, and Bill Turner, residents in the area, speaking in support of the garage.

The Planning Commission recommended to the Board approval of the SUP, based on the survey dated June 5, 2007, revised June 14, 2007, with the following conditions: 1) oil storage area will be screened with a maximum of four (4) waste oil drums being stored outside on the property at any one time; and 2) the new survey must be recorded in the Clerk’s office.

Mr. Boger lives in the vicinity of the garage; therefore, he made no recommendation on the application.

The public hearing was opened and closed, with no comment from the public.
Mr. Harris made a motion to approve Special Use Permit #2007-003 for Prentice and Nancy Ragland with the two conditions recommended by the Planning Commission (see above). Ms. Brennan seconded the motion. Mr. Harvey requested that the number of waste oil drums be removed from the motion, with screening being retained. Mr. Harris amended the motion to approve Special Use Permit #2007-003 for Prentice and Nancy Ragland, with the following conditions: 1) oil storage area will be screened; and 2) the new survey must be recorded in the Clerk’s office. Ms. Brennan seconded the motion, and Supervisors voted 4-0 (Mr. Hale abstaining) to approve the motion.

   B. Special Use Permit #2007-004 – B. Parrish (Tax Map #68-5-24B)

Mr. Boger reported that Ms. Parrish is requesting a SUP to place a double-wide manufactured home on property zoned Residential, R-1, on Montreal Lane in Shipman. The Planning Commission held a public hearing on June 27, 2007, with no citizen opposition. The Commission recommended to the Board of Supervisors approval of the SUP with the following conditions: 1) availability of water and septic; 2) availability of electrical service through grant of easement by Mr. Otha Ragland; 3) acquisition of entrance permit from VDOT; 4) acquisition of permit from Department of Conservation and Recreation (DCR), if necessary; and 5) manufactured home placement to meet all setback requirements for R-1, as detailed in the Nelson County Zoning Ordinance.

Mr. Harvey said that the conditions were not necessary because all County and State regulations must be met before a building permit is issued.

Mr. Harris made a motion to approve Special Use Permit #2007-004 for Ms. Betty Parrish, Mr. Harvey seconded the motion, and Supervisors voted unanimously (5-0) to approve the motion.

   C. Final Subdivision – “The Seasons” (Tax Map #11E-F-1, F-1A, and F-1C)

Mr. Boger reported that Mr. Henry Smith is submitting the final subdivision plat for “The Seasons” to be constructed on the west side of Blue Ridge Drive at the intersection with Wintergreen Drive in the Village Center section of Wintergreen Resort. The project will consist of 24 townhouses for sale. Units will be four stories high (56’). The site area is approximately 1.401 acres and there are sufficient development rights for this subdivision. The Planning Commission held a public hearing on this plat on June 27, 2007 with no opposing citizen comments. Consequently, the Commission is recommending that the plat be approved. The E & S Control Plan has been approved and several foundations started. Mr. Smith was present to represent OPRE Wintergreen Acquisition, LLC.

The public hearing was opened and closed, with no public comment.

Ms. Brennan made a motion to approve the final subdivision plat for “The Seasons”, submitted by OPRE Wintergreen Acquisition, LLC, motion was seconded by Mr. Harris, and Supervisors voted unanimously (5-0) to approve the motion.

   D. Region 2000 Services Authority Formation (R2007-065)

Mr. Carter reported that the purpose of the public hearing is to consider the County’s inclusion in Region 2000 Service Authority, which will establish a regional solid waste operational entity that will serve the cities of Lynchburg and Bedford and the counties of Amherst, Campbell and Nelson. Each member jurisdiction will maintain responsibility for its local solid waste collection program; the Authority will be the regional landfill operator and work to assist its membership to collectively address solid waste and recycling operations and responsibilities on a regional, cooperative basis.

Two consultants, R. W. Beck and Draper Aden Associates, along with the Richmond-based legal firm of Hefty and Wiley, were retained to assist the work group with the analysis and develop framework for the proposed operation. Outcomes of the feasibility study were positive for each jurisdiction.

While not a member of the Region 2000 Local Government Council, Nelson County was asked to participate in the project. Provision of a regional facility is more cost effective than individual operation. Amherst and Nelson will use the same landfill.

Mr. Carter recommended approval of the Concurrent Resolution and Member Use Agreements which have been reviewed by the County Attorney.

Ms. Brennan asked what the implications would be if Lynchburg doesn’t join the Authority. Mr. Carter said that other localities could proceed, but reevaluation would be needed.

Ms. Susan McSwain explained that Nelson County is involved in the current hazardous materials disposal program. Such materials now go to Lynchburg or to Rivanna Solid Waste.

The public hearing was opened.

Ms. Susan McSwain, Solid Waste and Recycling Coordinator for Nelson, thanked Mr. Carter for getting Nelson involved in the Region 2000 project. He took the initiative, even though Nelson was not originally part of Region 2000.

The public hearing was closed.

Mr. Harris also thanked Mr. Carter for getting Nelson involved in Region 2000 and the Thomas Jefferson Planning District.

Mr. Hale made a motion to adopt R2007-065 to create and adopt articles of incorporation for the Region 2000 Services Authority and approve the Region 2000 Services Authority Member Use Agreement. Mr. Harris seconded the motion, and Supervisors voted unanimously (5-0) to approve the motion.

R2007-065
       NELSON COUNTY BOARD OF SUPERVISORS
CONCURRENT RESOLUTIONS OF THE BOARDS OF SUPERVISORS OF AMHERST COUNTY, CAMPBELL COUNTY AND NELSON COUNTY AND THE CITY COUNCILS OF BEDFORD AND LYNCHBURG CREATING AND ADOPTING ARTICLES OF INCORPORATION FOR THE REGION 2000 SERVICES AUTHORITY AND APPROVING THE REGION 2000
SERVICES AUTHORITY MEMBER USE AGREEMENT

   Whereas, the respective City Councils and Boards of Supervisors have published notices pursuant to the Virginia Water and Waste Authorities Act, Chapter 51 of Title 15.2 (Sections 15.2-5100 et. seq. of the Code of Virginia), as amended, (“the Act”) of their intent to create and adopt proposed Articles of Incorporation for a body politic and corporate to be known as the Region 2000 Services Authority and to approve the Region 2000 Services Authority Member Use Agreement; and

   Whereas, public hearings have been conducted by each of the respective Boards of Supervisors and City Councils; and

   Whereas, the Boards of Supervisors and City Councils find it be in the public interest that the Region 2000 Services Authority be established to exercise the powers and carry out the responsibilities set forth in the Act, for the benefit of the citizens of Amherst, Campbell and Nelson Counties and the Cities of Bedford and Lynchburg.

   NOW THEREFORE, IT IS CONCURRENTLY RESOLVED BY THE BOARDS OF SUPERVISORS OF AMHERST, CAMPBELL AND NELSON COUNTIES AND THE CITIES OF BEDFORD AND LYNCHBURG, that the Region 2000 Services Authority (the “Authority”) is hereby created and established as a body politic and corporate in the Commonwealth of Virginia under the following:

ARTICLES OF INCORPORATION

Article 1. The Region 2000 Services Authority (the “Authority”) is hereby created and established as a body politic and corporate in the Commonwealth of Virginia. The principal office of the Authority shall be located with the Virginia’s Region 2000 Partnership Local Government Council at 828 Main Street, 12th Floor, Lynchburg, Virginia 24505 and shall consistently reside with the Local Government Council offices in the future.

Article 2. The names of the localities participating in the Authority are the Counties of Amherst, Campbell and Nelson, and the Cities of Bedford and Lynchburg.

Article 3. The Authority shall consist of a board of five members, with one member appointed by the local governing body of each jurisdiction. The terms of the initial members of the board shall expire June 30, 2010. Members shall then be appointed for four year terms.    The names and addresses of the initial members of the Board are:

Amherst County

   Rodney E. Taylor, County Administrator
   P.O. Box 390, Amherst, VA 24521

Campbell County

   R. David Laurrell, County Administrator
   P.O. Box 100, Rustburg, VA 24588

Nelson County

   Stephen A. Carter, County Administrator
   P.O. Box 336, Lovingston, VA 22949

City of Lynchburg

   L. Kimball Payne, III, City Manager
   900 Church Street, Lynchburg, VA 24504

City of Bedford

   Charles Kolakowski, City Manager
   P.O. Box 807, Bedford, VA 24523

Article 4. Each local governing body also may select an alternate board member to have all of the voting and other rights of a board member if the board member is not present at a meeting of the Authority. The term for each alternate shall be the same as the term of the board member. The following persons are appointed to serve as the initial alternates to the board of the Authority:

Amherst County
Teresa M. Nuckols
P.O. Box 390, Amherst, VA 24521

Campbell County
Clifton M. Tweedy
   P.O. Box 100,    Rustburg, VA 24588

Nelson   County
Susan E. McSwain
P.O. Box 336, Lovingston, VA 22949

City of Lynchburg
David A. Owen
900 Church Street, Lynchburg, VA 24504

City of Bedford
Clarke W. Gibson
   P.O. Box 807, Bedford, VA 24523

Article 5. The Authority is created and established under the provisions of the Virginia Water and Waste Authorities Act, Chapter 51 of Title 15.2 (Section 15.2-5100 et. seq. of the Code of Virginia) (the “Act”). The authority shall have all powers and duties set forth in the Act, as the same may be from time to time amended. The initial project of the Authority shall be to own and operate as a regional entity the three landfills that currently are owned and operated by the City of Lynchburg, Amherst County and Campbell Count, and to accept municipal solid waste generated within each of the five participating jurisdictions (and from outside the five jurisdictions if approved by the Authority) in those landfills in accordance with a Member Use Agreement to be approved by each of the local governing bodies. It is anticipated that the use of the three landfills will be phased, with the Campbell County landfill being temporarily closed while the other two landfills are being utilized to their operating capabilities. The initial capital cost to purchase the three landfills from each other localities, including the site to purchase the three landfills from each of the localities, including the site improvements, landfill capacity and land, buildings, equipment and rolling stock, and the closure and post-closure reserve funds, less the outstanding debt and the closure and post-closure liability for each locality, result in a payment to the City of Lynchburg of $1,714,840, a payment from Campbell County of $270,000, and a payment to Amherst County of $363,849 for a net capital cost of $2,348,689. The preliminary estimate of the cost per ton to the five localities for solid waste delivered to the landfills owned by the Authority if $23.91 per ton. It is impractical at this time to determine a per ton charge for private haulers using the landfills. Both the capital cost figure and the cost per ton are preliminary figures and are subject to change.

Article 7. All members of the board shall serve without compensation, but may be reimbursed by the Authority for their actual expenses incurred in the course of their duties.

Article 8. Existing members of the Authority may withdraw from membership, and other localities may join the Authority, as provided in Section 15.2-5112 of the Code of Virginia, as amended. In the event other localities join the Authority, they will be asked to reimburse the localities who initially created the Authority for a fair share of the development costs of the Authority.

Article 9. All of the operations, management and fiscal services of the Authority shall be provided through contractual arrangements through the Virginia’s Region 2000 Local Government Council. Subject to the approval of the Authority Board, it is the intent of the Member Jurisdictions that the Executive Director of Virginia’s Region 2000 Local Government Council be appointed by the Authority to serve as the chief administrative or executive officer of the Authority pursuant to Section 15.2-5113(E) of the Code of Virginia.

   BE IT FURTHER RESOLVED that the Region 2000 Services Agreement is hereby approved, and the Chairman or Mayor is authorized to enter into such Agreement

Mr. Carter commended Ms. McSwain for her involvement in the waste collection activities of the County.

E.   Massies Mill Old School Loop Rd. Abandonment (R2007-066)

Mr. Carter reported that a public hearing is requisite to the proposed abandonment from the state Secondary (Transportation) System of the Massies Mill Old School Loop Road that was established in the Secondary System to serve the former Massies Mill School. The public hearing was advertised and VDOT notices placed at the site. This abandonment is of importance to the County as the design of the County’s solid waste collection center is to be located on the site of the former school property and incorporates a section of the loop road into the project as the entrance road to the new facility.

The public hearing was opened and closed, with no public comment.

Mr. Hale made a motion to adopt R2007-066 to abandon Massies Mill Old School Loop Road from the state Secondary (Transportation) System, Ms. Brennan seconded the motion, and Supervisors voted unanimously (5-0) to approve the motion.

RESOLUTION R2007-066
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION TO ABANDON THE MASSIES MILL OLD SCHOOL LOOP ROAD
(SECONDARY ROUTE 9720)

WHEREAS, public notice was posted and a notice of public hearing was published as prescribed under §33.1-151, Code of Virginia announcing a public hearing to receive comments concerning abandoning the section of road described below from the secondary system of state highways, and;

WHEREAS, the Commissioner of the Virginia Department of Transportation was provided the prescribed notice of the Board’s intent to abandon the subject section of road, and;

WHEREAS, The Nelson County Board of Supervisors conducted said public hearing on July 10, 2007, and;

WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of the section of 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), and hereby deems that section of road 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 abandon the above described section of road and removes it from the Secondary System of State Highways, pursuant to §33.1-151, Code of Virginia, and;

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

III.   Other Business

   Courthouse Project Discussion Continued. Mr. Hale stated his understanding that the County has three options: 1) complete the entire $26 million project; 2) proceed with plans for the new administration building, reducing the size and utilizing existing space; or 3) proceed with plans for the new courts building and utilize the existing space for all other offices.

   Mr. Harris recapped the revenue issue for Mr. Harvey’s benefit and said he felt it was too soon to change the course of events involved in planning the project. Mr. Carter said the projected increase in revenue plus the increase in the tax dollar rate will be a heavy load for citizens. At the present time revenues are falling short of expenditures. A reevaluation needs to be done.

   Mr. Harris asked when the administration office building will be upgraded, if eliminated from the plan at this time. Mr. Carter __________________________. Mr. Bruguiere said the court buildings are a priority. Administration could “make do” with the existing facility.

   Ms. Brennan said she would like to have the board meet again with Wiley and Wilson to explore other options. Mr. Harvey agreed that a work session is needed and August 2, 2007 at 4:00 P. M. was set as the date and time.

IV.   Public Comments – None

VII.   Reports, Appointments, Correspondence, and Directives (carry-over from afternoon session)

A.   Correspondence – None

C.   Directives – None

V.   Adjournment

At 8:45 P. M., Mr. Harvey made a motion to continue the meeting until August 2, 2007 at 4:00 P. M., Mr. Hale seconded the motion, and Supervisors voted unanimously (5-0) to approve the motion.