Board of Supervisors: August 14, 2007 Board of Supervisors Meeting Minutes

August 14, 2007 Board of Supervisors Meeting Minutes

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
       Mark Bolt, Building Code Official
       David Thompson, Assistant Building Code Official

I.   Call to Order

Mr. Bruguiere, Chair, called the meeting to order at 2:07 P. M. with all members present to establish a quorum.

A.   Moment of Silence – A moment of silence was observed.

B.   Pledge of Allegiance – Mr. Hale led the pledge of allegiance.

II.   Consent Agenda

In consideration of the consent agenda, Ms. Brennan enquired as to the status of the school system’s proposal on the recognition of championship teams with Mr. Carter noting that they are working on it for the new school year and the current request for jackets does fall within the last school year.

It was also noted that one of the requested tax refunds was a result of billing and payment from a resident of Albemarle County and collaboration between the two Commissioner’s Offices was noted in the resolution of the issue.

There being no further discussion, Mr. Harris moved to approve the consent agenda, Mr. Hale seconded the motion, and Supervisors voted unanimously (5-0) to approve the consent agenda and adopt the following Resolutions:

RESOLUTION-R2007-068
NELSON COUNTY BOARD OF SUPERVISORS
APPROVAL OF MEETING MINUTES
(July 10, 2007 and August 2, 2007)

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

RESOLUTION-R2007-069
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

$10.50           Personal Property       Joseph Anthony Beach
                           3634 Oak Ridge Rd.
                           Shipman, VA 22971

$8.44           Personal Property       Angelique B. Wade
                           877 Centenary Dr.
                           Arrington, VA 22922

$1,420.81       Personal Property       Linda D. and Richmond T. Henry
                           1463 Pugh’s Store Road
                           Afton, VA 22920

RESOLUTION-R2007-070
NELSON COUNTY BOARD OF SUPERVISORS
FUNDING OF JACKETS FOR CHAMPIONSHIP TEAMS
NELSON COUNTY MIDDLE SCHOOL

RESOLVED, by the Nelson County Board of Supervisors that the amount of $812.00 be and hereby is approved for disbursement from Nelson County’s Fiscal Year 2007-2008 Budget to provide for the purchase of jackets in recognition of championship teams at Nelson County Middle School as follows:

Allocation               Purpose

$    812.00   Nelson Middle School FFA – State Junior Meats Evaluation & Technology and State Agronomy Career Development

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.

III.       Public Comments

A.   Public Comments- None

B.   Presentation – Paid EMS Program

Mr. Curtis Sheets of Wintergreen Fire and Rescue introduced Captain Gary Radford to overview the Paid EMS program, give a status report and answer any questions from the Board.

Mr. Radford provided a handout that listed the current paid EMS staff and their level of training as well as Statistics from the inception of the program in 2006 as follows:

2006 Calls – 414,
2007 Calls – 596 YTD,
Average Response Time – 2.6 minutes
Average on Scene Time – 19.6 minutes
Average Time to Hospital – 24.5 minutes

Hours of Coverage 0500-1800 hours Monday – Friday

Mr. Radford noted that call reports are submitted monthly to EMS Coordinator Ray Uttaro and that they take approximately 100 calls/month. He also noted that approximately 50% to 60% of the calls occur during the hours when paid staff are on duty, noting that there are only 2 hours per day in which volunteer coverage is needed noting that paid staff provide 65 hours of coverage per week. He noted that the current scheduling seems to be working well with the volunteers covering vacations etc. He noted that volunteerism remained the same with a slight increase overall. He also stated that there are no big issues thus far but the biggest logistical challenge has been the rotation of equipment and managing the overall mileage of the fleet.

It was noted that an issue on the horizon will be the requirement to maintain drug boxes at a certain temperature, requiring the use of cooling inserts. Additionally, the shift by the State away from training towards emergency management was discussed as a potential financial impact for the County. Mr. Sheets noted that in-house training is provided as much as possible.

Mr. Radford also noted that the paid staff kept busy while not on call by cleaning the squad building, checking apparatus, prepping for inspections, inspecting/maintaining the squad units and participating in career days and educational opportunities at the schools.

Mr. Radford said that they haven’t received any feedback or questions on the revenue recovery aspect of providing the EMS services. Mr. Carter noted that the first bills may not have been sent out yet by Diversified Ambulance Billing, but were in process and should go out soon.

C.   Presentation – Broadband Project Update

Ms. Kim Bryant of the Broadband Project Management Team gave an overview of the project’s status noting that Phase I – Planning was in progress, with Broadband Surveys being distributed by mail and online. She stated that the compilation and analysis of the data would determine the feasibility of proceeding to Phase II –development of the engineering plan for implementing a County-wide Broadband network. An Additional $50,000 in grant funds has been awarded for this phase.

In response to questions, Ms. Bryant noted that the analysis of the survey data should be completed by 8/31/07 and Phase II, if determined to be feasible, would be completed by May 2008.
D.   Presentation – TJPDC 2008 Legislative Program

Mr. David Blount, Legislative Liaison of the Thomas Jefferson Planning District Commission noted that the 2008 legislative program development process was underway with a focus on regional priorities and the intention of approving the program more in advance of the General Assembly Session. He noted that he would like to submit a draft in September for the Board’s approval in October. He noted working with the Mayors and Chairs group that meets quarterly, who has identified CSA as a 2008 priority. Another 2008 priority noted was the education funding re-benchmarking, expected to be $1.1 billion dollars and have an impact locally.

The Board noted interest in lobbying for Nelson County to have the authority to impose transportation impact fees and expressed an interest in knowing how many other localities have county-wide Broadband.

A possible Board workshop on the 2008 legislative priorities was briefly discussed.

E.   Presentation – SALT Triad Personal Emergency Dialer Program

Mr. Pete Perdue gave a PowerPoint presentation over viewing Personal Emergency Dialer (PED) program provided through the local SALT-Triad chapter. He noted that the SALT-Triad Program is a partnership between local senior organizations and Law Enforcement to protect the welfare of local seniors. The PEDs are pendant devices purchased by the program through grants and fundraising that are worn by seniors and when activated trigger the automatic dialing of up to six programmed phone numbers including 911. The devices are purchased for $60 with no monthly monitoring fee, making the devices more cost-efficient than Medical Emergency Alert Units and saving Nelson seniors an aggregate of $527,625 over 10 years.

Mr. David Brooks of the Sheriff’s Department gave a Personal Emergency Dialer (PED) demonstration and also noted that Project Lifesaver training would be on September 18th with the program up and running October 1st.

Mr. Perdue concluded the presentation noting several cases where PEDs have proven to be invaluable in the lives of seniors.

F.   Presentation – DCR Erosion and Sediment Control Program

Ms. Nissa Dean, of the Department of Conservation and Recreation (DCR) James River Watershed Regional Office Manager, gave an overview of the Erosion and Sediment Control Program.

She began by noting that DCR has had oversight of the local E&S Control Programs for 20 years and now administers the Virginia Storm Water Management Program (VSMP) formerly know as National Pollutant Discharge Elimination System (NPDES) previously under the Department of Environmental Quality’s (DEQ’s) oversight.

She noted that the state Soil and Water Control Board has a keener interest in DCR’s enforcement of E&S Control programs including making decisions on the outcomes of local program reviews. She noted the James River Watershed Regional office has oversight of 24 localities including Nelson County. The office primarily serves to provide technical assistance for those localities including conducting program reviews designed to identify areas where localities are weak in complying with the State E&S regulations and to provide the framework to bring those local areas into compliance. She noted that during program reviews, data is collected by working with local staff to randomly examine inspection files and local ordinances. She noted that these are done state wide and addressed concerns regarding consistency across Regions. The use of standard review practices and forms was noted with the acknowledgement that local administration of programs may vary due to staffing, growth and local priorities.

Ms. Dean then reviewed the scores received as a result of Nelson County’s program review, noting that a score of 70 or below would deem that area “inconsistent” and necessitate a Corrective Action Agreement between the District and the County for remediation. The following scores were noted in the categories of Administration, Inspections, Enforcement and Plan Review:

Administration – This category pertains to the local Ordinance and how well it meets State requirements. The score received was 95/100 with only minor additions to definitions in the Ordinance being necessary. She noted that Nelson having Certified E&S staff was a positive.

Inspections- The score received was 55/100 and rated inconsistent. Sample files were reviewed to note the number of times inspections were conducted generally and within 48 hours of a rain event, with the reviewer noting 2 or more of the 19 minimum standards not being met and the required documentation not being in the file.

Ms. Dean noted that localities can request approval of an Alternate Inspection Plan (AIP), which she noted that Nelson has done, allowing the program design to match up with local staffing levels. Unless an AIP is approved, E&S inspections must occur every two weeks and within 48 hours of a rain event which can be a strain on local staff. She noted that DCR acknowledges this and seeks to work with localities through the approval and implementation of an AIP.

Enforcement- The score received was 20/100 and rated inconsistent. The reviewer noted that notices to comply were not used and when they were, the deadlines were not met and/or there was no documentation in the sample files.

Ms. Dean stated that enforcement may actually be better than reflected in the score; however without proper documentation in the files it is unknown. She stressed the importance of documentation and the utilization of the enforcement mechanisms in place in the Ordinance. She also recommended having and utilizing an enforcement policy so that enforcement mechanisms can be uniformly applied.

Plan Review – The score received was 100/100 with Ms. Dean noting that the Thomas Jefferson Soil and Water Conservation District was doing an excellent job of plan review.

Ms. Dean noted that as a result of the program review scores, the County, with the Board’s approval had entered into a Corrective Action Agreement with DCR to be implemented by the end of November 2007, with updates to the E&S Ordinance to be completed by October 12, 2007.

In discussion with the Board, Ms. Dean agreed that the term “rain event” is somewhat subjective but is generally a run-off producing rain. Mr. Bolt advised the Board that approximately 120 sites would currently need to be reviewed within 48 hours of such an event. The Board noted that this would be virtually impossible. Ms. Dean acknowledged the difficulties that this presents; but recommended the prioritizing of sites to be visited based on the known site conditions, i.e. inspecting the sites with the most run-off potential first.

When asked about the program review, Ms. Dean noted that the last review was conducted in 2003, with the files being reviewed in 1998. She noted that DCR was moving to a 2 year review cycle. She noted that Nelson’s program review revealed a combination of pollution and paper trail problems during the inspections. She also noted that out of 24 localities in her district, only 1 is currently rated consistent.

When asked about the interrelationship between DCR and DEQ, Ms. Dean noted that they work with DEQ on pollution to waterways, notifying them of things identified during inspections that would impact this.

The Board inquired about the necessity of the requirement of having an E&S plan and then having to have a Stormwater Management Plan. Ms. Dean clarified that an E&S plan is required to ensure the stabilization of the site during construction and a Stormwater management plan is required to ensure that run-off after construction is the same before the construction occurred. (i.e. E&S plan during construction and SWP after construction). She noted that the SWP is a living document that can evolve over time. Mr. Carter noted that as an example the County is required to have an E&S plan for the convenience center site construction and a SWP plan for after the sites are constructed.

Ms. Dean noted to the Board that she is unable to tell them exactly how many active SWP plans there are for the County. She noted that there is a flaw in the information provided on the registration statements that won’t allow the data to be sorted to provide locality specifics, but that the Regional average has been 20-50 new permits per month, which she noted to be explosive.

The Board discussed that complying with both programs becomes costly for builders and developers but acknowledged that they are fundamentally important to protect waterways. Mr. Carter noted that the County is not currently mandated to institute a local Virginia Stormwater Management Program and Ms. Dean added that her hope is that the two programs be combined at some point down the road.

Mr. George Krieger of the Nelson County Community Development was recognized and he provided his perspective on the E&S requirements noting that communication will be key, the overall process was good, there will be a learning curve for contractors, and his written comments will be provided to the Board in memo form.

Ms. Dean concluded by stating that the Regional Office was now fully staffed and ready to assist the County in any way possible in achieving consistency with State requirements.

G.   VDOT Report

Mr. Kevin Wright gave the following report:

-   Route 620 construction is complete and finished within budget.
-   Work on the Arrington Bridge project is almost complete and will be within budget. He noted that there is traffic on the bridge now and it is VDOT owned.
-   The Massies Mill Elementary School loop road was officially abandoned effective 7/30/07.
-   Work is beginning on an FHWA funded paving project on Rt. 29 at various locations throughout the County. Some shoulder trench widening will be done and guardrail will be brought up to current standards in many locations. This will be done with Federal Funds.

In response to Mr. Hale’s inquiry, Mr. Wright noted that survey crews were performing a location survey for Rt. 617 in Schuyler.

IV.   Unfinished Business

A.   Proposed E&S Ordinance Amendment – Auth. for Public Hearing    (R2007-071)

Mr. Carter introduced this item by noting that the County has committed to a Corrective Action Agreement with DCR including revisions to the E&S Ordinance by October. He noted that the revisions are necessary to comply with State E&S language. He also noted that these revisions were very straightforward and the primary focus for the Board was the establishment of a fee schedule, which must be set by Ordinance, noting Appendix A -Fees.

Mr. Carter then described for the Board how the proposed fees were derived. He noted that the basis for the proposed fee schedule is the Alternate Inspection Plan, which establishes a rating system to determine the required inspection frequency for each project. The proposed permit fees increase with the frequency of inspections required. Mr. Carter noted that staff estimated the cost of E&S inspections only based on an average of 238 residential projects per year with total inspection hours of 5,046 and an hourly cost of $30 to be $151,368. He stated that the $30 per hour cost is probably lower than the actual hourly cost, but that it was reasonable and is what the District proposed to charge to do the County’s inspections. He then noted that there would be times when an E&S inspection could be done concurrently with a regular building inspection, approximately 43% of the time, and the cost could be mitigated by this factor for an adjusted program cost of $86,250. He noted that the proposed fee Schedule Appendix A of the draft Ordinance reflects this adjusted cost broken down by inspection frequency, to arrive at the fees necessary to cover this cost. He also noted that the additional inspection hours that are estimated for the Inspections Department as a whole yield a Full-Time Equivalent deficit of 1.8 FTEs. He noted the estimated cost of hiring a full-time inspector would be approximately $54,100. He then suggested that the Board could consider reducing the proposed fees further by up to 37% and still cover the estimated cost of a new employee. Mr. Carter referred to a handout provided to the Board that shows the fee schedule associated with 5%, 10%, 20%, 30%, and 37% reductions for consideration. He also noted that the plan review fee of $1,000 was set to cover the $900 cost (estimated by TJSWCD) per plan for the Thomas Jefferson Soil and Water Conservation District’s review plus a $100 administrative fee.

The Board further discussed the plan review process with Mr. Carter noting that the County pays for this with the annual budget appropriation allocated to the TJSWCD and this would continue to be an annual budgetary consideration for the Board. General discussion on the fees included who is paying them now, the taxpayer or the developer with Mr. Carter noting that the Building Inspections fees are currently paying for the E&S inspections and the General Fund (taxpayers) is subsidizing the cost of the developers’ projects. There was some concern expressed about hiring new personnel when the building permits are down, however it was noted by staff that the anticipated additional E&S inspection hours compensates for a decline in regular building inspection hours. It was also noted that the additional E&S hours shown are residential only and it is anticipated that an additional 624 hours for Commercial/Industrial/Subdivision inspections can be expected. Given this, the FTE deficit is approximately 2.06. It was noted by Mr. Carter, and Mr. Bolt that the intention was, if a new hire was authorized, to hire someone who could be cross-trained in E&S and building inspections. It was noted that E&S certification required successful completion of a three day training class.

When asked if his office can handle the new E&S inspection responsibilities, Mr. Mark Bolt, Building Code Official noted it would be tough, even with one new inspector. He noted it would be wonderful to have two new full-time inspectors, but he would be very happy to get just one. He noted that the effectiveness of personnel in keeping up with the program requirements could be re-evaluated in six months to a year to determine if any adjustments were needed.

Mr. Bolt described to the Board how the Alternate Inspection Plan would work from a consumer’s perspective and staff’s perspective noting the following process:

The applicant (residential) would come in to the office to get their permits and would sign an Agreement in Lieu of a Plan, listing a certified Responsible Land Disturber. A site meeting would be set-up with the applicant and E&S staff to complete the Project Rating form that would determine the project’s inspection frequency. Once the inspection frequency is determined, then the applicable fees are assessed and a land disturbing permit is issued upon payment of the fees.

Mr. Bolt noted the value in having a pre-construction meeting is that the applicant knows what E&S measures will be necessary, what the inspection frequency will be and the fees are determined up front. He also stated that there are a lot of owner/builders out there who are overall unfamiliar with the building process and the pre-construction site visit is an educational opportunity for the public.

It was noted that most homes including driveway disturb more than 10,000 square feet of land and are not exempt from E&S requirements, but a mobile home with a short driveway may be under the exempted 10,000 square ft E&S requirements threshold.

Following discussion, it was the Board’s consensus to go ahead with authorizing the public hearing; noting that the fees can be lowered but not raised afterwards.

Mr. Hale moved to adopt Resolution R2007-071 authorizing a public hearing to be held on the proposed E&S Ordinance Amendments and Ms. Brennan seconded the motion.

There was brief concern expressed about the potential need for additional personnel with added emphasis from staff that the projected E&S inspection hours seem to necessitate it.

The Chairman called for the vote and Supervisors voted unanimously (5-0) to approve the motion and the following resolution was adopted:

RESOLUTION R2007-071
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION AUTHORIZING A PUBLIC HEARING TO AMEND CHAPTER 9, PLANNING AND DEVELOPMENT, ARTICLE III, EROSION AND SEDIMENT CONTROL OF THE CODE OF NELSON COUNTY

WHEREAS, the Code of the County of Nelson, Virginia requires amendment to comply with the Code of Virginia § 10.1-560 et seq. known as the Erosion and Sediment Control Law; and,

WHEREAS, pursuant to §15.2-1427 and §10.1-562 (I) 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 9, Planning and Development, Article III Erosion and Sediment Control of the Code of the County of Nelson, Virginia; pursuant to Sections 15.2-1426, 15.2-1427, and 10.1-560 et seq. of the Code of Virginia (1950, as amended).

BE IT FURTHER RESOLVED, that the public hearing is hereby scheduled for the September 11, 2007 Board of Supervisors Meeting at 7:30 PM at the Courthouse in Lovingston, Virginia.
B.   Courthouse Project Financing – Reimbursement Resolution (R2007-072)

Mr. Carter introduced the resolution noting that the resolution does not obligate the County in any way in terms of funding related to the $29 million dollar amount listed in the resolution. This number is merely a cap and a safeguard indicating no mandatory responsibilities.

Reducing the maximum amount listed was discussed since the Board did not intend to finance anything close to $29 million, however it was deemed inconsequential to the overall goal of the Resolution which was noted to be giving the County the ability to reimburse itself for Courthouse project related expenditures for the 60 days prior to the adoption of the Resolution.

There being no further discussion, Ms. Brennan moved to adopt Resolution R2007-072 and Mr. Harris seconded the motion. Supervisors voted unanimously (5-0) to approve the motion and the following Resolution was adopted:

R2007-072
   RESOLUTION OF BOARD OF SUPERVISORS OF NELSON COUNTY, VIRGINIA DECLARING ITS INTENTION 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 NELSON COUNTY COURTHOUSE AND ADMINISTRATION FACILITIES

   WHEREAS, the County of Nelson (the “Issuer”) is a political subdivision organized and existing under the laws of the Commonwealth of Virginia; and

   WHEREAS, the Issuer has paid beginning no earlier than June 15, 2007 (60 days prior to the date of adoption of this resolution), and will pay, on and after the date hereof, certain expenditures (“Expenditures”) for the acquisition, construction, expansion, renovation and equipping of Nelson County Courthouse and administration facilities, including court facilities, clerk’s offices, law enforcement facilities, county administrator’s offices and other county offices for county constitutional officers and employees, and related administrative space and holding areas (the “Project”); and

   WHEREAS, the Board of Supervisors of the Issuer (the “Board”) has determined that those moneys previously advanced no earlier than June 15, 2007 (60 days prior to the date of adoption of this resolution) and to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Issuer for the Expenditures from the proceeds of one or more issues of tax-exempt bonds (the “Bonds”).

   NOW, THEREFORE, BE IT RESOLVED BY THE BOARD AS FOLLOWS:

   Section 1.      The Board hereby declares the Issuer’s intent to reimburse the Issuer with the proceeds of the Bonds for the Expenditures with respect to the Project made on and after the dates referenced above. The Issuer reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds.

   Section 2.      Each Expenditure was and will be either (a) of a type properly chargeable to capital account under general federal income tax principles (determined in each case as of the date of the Expenditures), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Issuer so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Issuer.

   Section 3. The maximum principal amount of the Bonds expected to be issued for the Project is $29,000,000.

   Section 4. The Issuer will make a reimbursement allocation, which is a written allocation by the Issuer that evidences the Issuer’s use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Issuer recognizes that exceptions are available for certain “preliminary expenditures,” costs of issuance, certain de minimis amounts, expenditures by “small issuers” (based on the year of issuance and not the year of expenditure) and expenditures for construction projects of at least 5 years.

   Section 5.      This resolution shall take effect immediately upon its passage.

V.   New Business

A.   Proposed Motor Vehicles and Traffic Ordinance Amendment - Auth. for Public Hearing (R2007-073)

Mr. Phil Payne, County Attorney introduced this item, noting that WPOA (Wintergreen Property Owners Association) had requested the Amendment to give them the authority to post and enforce speed limits at Wintergreen. He noted that this authority must be given by the Board of Supervisors with an amendment to the local Ordinance being the only workable avenue in order to satisfy the General District Court Judge.

The Board enquired as to which roads this pertained to; with Mr. Payne noting that it applies to the non-state road areas in Wintergreen. Also noted was that the traffic violation cases are heard in the Nelson County General District Court with the fines being remitted to the County. Cooperation between the Wintergreen Police Dept. and the Nelson County Sheriff’s Dept. was discussed as being generally very good.

Ms. McGarry noted to the Board that the Resolution number should read R2007-073 rather than R2007-071.

There being no further discussion, Mr. Harvey moved to approve R2007-073 authorizing a public hearing to Amend Chapter 7 Motor Vehicles and Traffic of the Code of Nelson County. Ms. Brennan seconded the motion and Supervisors voted unanimously (5-0) to approve the motion and the following Resolution was adopted:

RESOLUTION R2007-073
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION AUTHORIZING A PUBLIC HEARING TO AMEND CHAPTER 7, MOTOR VEHICLES AND TRAFFIC ARTICLE I, OF THE CODE OF NELSON COUNTY

WHEREAS, the Wintergreen Police Department in conjunction with the Wintergreen Property Owners Association, seeks to be empowered to post and enforce speed limits within the Wintergreen community; and,

WHEREAS, it is the opinion of the Nelson County General District Court that such enforcement is not presently authorized by the Code of Nelson County; 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 7, Motor Vehicles and Traffic, Article I, In General, §7-12 Regulation of Motor Vehicles, of the Code of the County of Nelson, Virginia; pursuant to Sections 15.2-1426, 15.2-1427, 46.2-1300 and 46.2-1305 of the Code of Virginia (1950, as amended).

BE IT FURTHER RESOLVED, that the public hearing is hereby scheduled for the September 11, 2007 Board of Supervisors Meeting at 7:30 PM at the Courthouse in Lovingston, Virginia.

B.   Proposed Zoning Ordinance Amendment (Farm Wineries) – Auth for Public Hearing (R2007-074)

Mr. Phil Payne, County Attorney introduced this item as being referred to the Board from the Planning Commission, and he noted that the Planning Commission proposes two definitions whereas the State definition of “Farm Winery” combines our two into one. He offered that in his opinion the definitions are too ambiguous, but noted the only change necessary is to add the subsections (i) and (ii) respectively to the State Code References of §4.1-100 within the proposed definitions.

The need for language regarding compliance with Building Code requirements was discussed with it being noted that the Wineries, with legal consultation, developed the Amendments and are fine with the wording. Mr. Payne noted there was some concern about them being or becoming a “restaurant” but not wanting them to be a “restaurant”. Some concern was expressed that the first definition licenses a “restaurant” without requiring a re-zoning.

Mr. Carter noted the distinction between the off-site definition (#2) may be that a rezoning request is required in definition #1.

There being no further discussion, Ms. Brennan moved to approve R2007-074 including Mr. Payne’s suggestions for the draft Ordinance. Mr. Harris seconded the motion and Supervisors voted unanimously (5-0) to approve the motion and the following Resolution was adopted:

RESOLUTION R2007-074
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION AUTHORIZING A PUBLIC HEARING TO AMEND APPENDIX A, ZONING, ARTICLES 2,4, and 8 OF THE CODE OF NELSON COUNTY TO PROVIDE FOR FARM WINERIES AND FARM WINERY REMOTE RETAIL ESTABLISHMENTS

WHEREAS, the Planning Commission has concluded its work and recommended to the Board amendments to the Code of the County of Nelson Appendix A, Zoning Articles 2, 4, and 8 to provide for Farm Wineries and Farm Winery Remote Retail Establishments and,

WHEREAS, pursuant to §15.2-2204 and §15.2-2285 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 proposed Amendments to Appendix A, Zoning, Articles 2, 4, and 8 of the Code of the County of Nelson, Virginia; pursuant to Sections, §15.2-2204 and §15.2-2285 of the Code of Virginia (1950, as amended).

BE IT FURTHER RESOLVED, that the public hearing is hereby scheduled for the September 11, 2007 Board of Supervisors Meeting at 7:30 PM at the Courthouse in Lovingston, Virginia.

Mr. Harvey exited the meeting at 5:28 PM and re-joined the meeting at 5:40 PM

VI.   Reports, Appointments, Correspondence, and Directives

A.   Reports
1.   County Administrator’s Report

Mr. Carter gave the following report:

1. Courthouse/Government Center Project – Scheduling of interactive work sessions with judicial and other County personnel is in process and anticipated to be completed prior to 8-30. Staff is working with Davenport and Co. (R. Kooch) on a revised debt capacity scenario which may be available for distribution to the Board on 8-14.

2. Solid Waste Project: A. Collection Centers Project:   The project has been advertised for bids, which are due on 9-11-07. County staff will meet with Waste Management to discuss continuation of the company’s current services prior to commencement of operations of the Region 2000 Services Authority (see below), which has been established as 7-1-08. The ensuing objectives are a) location of a collection center site for Faber/Schuyler, b) equipment purchase for the collection system and, c) assumption of collection operations from Waste Management by County staff. Mr. Carter noted that the line of demarcation has been established for the Shipman site and will be recorded; he also noted scheduling a meeting with Waste Management regarding handling their contract with the County past 12/1/07.

B. Region 2000 Solid Waste Management Initiative: Each of the participating local governments, except Amherst County, has authorized the establishment of and membership in the regional authority. Amherst is expected to make a decision by the end of August 07. The Authority will proceed with or without Amherst County as a member.

C. Environmental Monitoring: The close out document for conclusion of gas monitoring is being submitted to DEQ on 8-13. The groundwater monitoring program is an ongoing responsibility with location of an off site sentinel well installation pending completion.

D. Gladstone Collection Site: Construction of the gate at this site is complete with scheduled operations (7 a.m. to 7 p.m.) to commence on 8-20. Mr. Harris expressed an interest in having cameras installed at the site, with Mr. Carter noting he would check on this. He also noted that one set of the Convenience Center site plans have been purchased so far and the County has the option to accept or reject in the event only one bid is received.

3. Piney River 3 Project: The project has been advertised for bids, which are due on September 6. A public hearing related to receipt of project funding from USDA-RD is scheduled for September 11, 07 (evening session)

4. Rockfish Valley Community Center: Work to address required improvement of the potable water system at RVCC is scheduled for completion the week of 8-20. Mr. Carter added that the Center must have 2 successive positive tests before being deemed potable.

5. Blue Ridge Railway and Tunnel Projects: Recordation of the BR Tunnel property is anticipated for completion by the end of August 07. Start up of the ensuing phase f the BR Railway Trail is still undetermined. Mr. Carter added that the County can proceed when the Contractor is ready on the trail.   Mr. Carter concurred with Mr. Hale that it is critical to expedite the recordation of the CSX deed of conveyance that is currently held by Mr. Payne. Mr. Carter also noted to the Board that the Tunnel project is not eligible for tax credits, but noted having spoken with Delegate Abbitt about assistance and NCCDF about establishing a non-profit organization that could be used to fund-raise for the project. Mr. Hale suggested that the County take the lead on this with Mr. Carter in agreement that the County needs to be more proactive.

6. Department Reports: The monthly reports from County departments and offices were distributed to the Board on 8-10-07.

Mr. Harris and Mr. Harvey noted having problems receiving these reports.

2.   Board Reports

Mr. Hale:   Noted attending the Mayors& Chairs meeting where CSA was discussed and            likes the pooling of problem solving resources for problems that seem to face all            localities.

Ms. Brennan:   Attended Governor’s Summit on Early Childhood Development that                emphasized the benefits of children starting school ready to learn facilitated            through partnerships with businesses, government etc.

       Attended VACo Board of Directors Meeting - discussed OPEB Liability Fund,            re-benchmarking for education, procurement plans, and NACo drug cards.

       Visited Horizon House

       Attended Fluvanna Friends of Rural Preservation meeting and one day of the            NACo    conference in Richmond- session on food and farms.

Mr. Harris:   No report

Mr. Bruguiere: No report

Mr. Harvey:   No report

Appointments, Correspondence and Directives were carried over to the Evening Session

VII.   Recess and Reconvene for Evening Session

At 6:00 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 7:34 p.m. with four (4) Supervisors present to establish a quorum and Mr. Harris being absent. Mr. Fred Boger, Planning Director was present for the evening session.
II.   Public Hearings

A.   Final Subdivision Plat - D. Morse Tax Map #86-A-60A

Mr. Boger gave an overview of the final subdivision plat to divide approximately 9.66 acres into 4 lots with a private road. He recommended approval with the understanding that the plat to be signed includes the required certifications from VDOT and the Health Department. Mr. Boger also noted that the soils work has been revised to include a 100% drain field reserve.

The Board discussed the fact that lots 5b and 5c on the cul-de-sac did not meet the 125 ft road frontage standard of the zoning and subdivision Ordinance at the 94.25 ft shown. Mr. Boger noted that the applicant had been made aware of it by letter.

The applicant was not present, and the Chairman opened the public hearing. There being no persons wishing to be recognized, the public hearing was closed.

There being no further discussion by the Board, Mr. Hale moved to approve the Final Subdivision Plat as presented for Daryl E. and Lisa D. Morse Tax Map #86-A-60A. Ms. Brennan seconded the motion and Supervisors voted unanimously (4-0) to approve the motion and the final subdivision plat as noted.

B.   Amendment NC Code, Ch.10 Solid Waste, Article II Biosolids (O2007-002)

Mr. Phil Payne introduced this item noting that a citizen committee had been appointed to work on the development of a local Ordinance for the land application of biosolids, with Mr. Payne being a Committee member. He stated that the Committee considered various materials using the VACo model Ordinance as a basis which utilizes the authority provided by the State to test and monitor the local land application of biosolids. He noted a change the Committee had made was to have more notice earlier on in the process. He also noted having just received comments from the Virginia Department of Health and Synagro regarding the draft Ordinance and suggested that these should be reviewed at the Committee level prior to adoption of the draft Ordinance.

The Chairman then opened the public hearing and the following persons were recognized:

1.   Mary Katherine Allen, Gladstone

Ms. Allen noted that while still against the storage and land application of biosolids, she thought the draft Ordinance was well written. She also questioned who would monitor the Monitor and would the Gladstone transfer site be monitored by the Monitor. She noted that a previous complaint regarding the Gladstone transfer site, which she had brought to the Board’s attention had been addressed. She noted that she is actively trying to get the Synagro transfer site in Gladstone moved to another location.

2.   Rick Larkin, Arrington

Spoke against the land application of biosolids and suggested that the Ordinance should require land applicators of biosolids to notify others that their products (hay, cattle etc.) have been raised from fields that have had biosolids applied.

3.   Tom Eick, Roseland & Biosolids Committee Member

Thanked the Board for formation of the Biosolids Committee and urged them to move forward with the Ordinance. He noted skepticism regarding the safety of their use and advised the Board of a law passed to study the effects of usage, due to the large amount of anecdotal evidence of their harmful effects.

4.   Jennifer Burkes, Gladstone

Spoke against the land application of biosolids, noting disappointment with the Board in allowing harmful biosolids into the County and related how her political activities related to this issue have seemingly impacted her personal life.

5.   Hunter Richardson, Synagro

Offered to answer questions and help with the draft Ordinance and noted having provided a letter with written comments to Mr. Carter and Mr. Payne. Spoke in favor of the Ordinance generally, but recommends some adjustments.

6.   Jay Goodwin, Arrington

Noted having spoken to the livestock market about the quality of product they’ve seen from surrounding counties using land-applied biosolids, who noted the cattle appear to be healthier and have seen no problems.

7.   Rick Larkin, Arrington

Spoke again against the harmful affects of biosolids and expressed his disappointment with Supervisors on the issue.

8.   Jesse Umbarger, Arrington

Spoke in favor of the land application of biosolids as a farmer, noting it was needed.

9.   Mary Katherine Allen, Gladstone

Spoke again against the continued storage of biosolids in the County (Gladstone).

There being no other persons wishing to be recognized, the public hearing was closed.

Mr. Bruguiere addressed the public noting that the Committee has followed the State guidelines in drafting the Ordinance, and will address these concerns at an upcoming Committee meeting.

Ms. Brennan asked Mr. Payne, County Attorney, just to be clear, whether or not the Board of Supervisors can ban the land application of biosolids, to which he replied “no”.

III.   Other Business

The items carried over from the afternoon session were considered by the Board.

A.   Appointments

1.   Thomas Jefferson Water Resources Protection Foundation

Ms. McGarry noted that the Board had appointed Ms. Susan McSwain to this Board for a three year term at the June 2007 meeting; however it was necessary, due to changes in the Board’s bylaws to re-appoint her for a four year term expiring January 31, 2012.

Ms. Brennan moved to appoint Ms. McSwain to serve as presented and Mr. Hale seconded the motion. There being no further discussion, Supervisors voted unanimously (4-0) to approve the motion and the appointment.

2.   Piedmont Workforce Network Board

Ms. McGarry noted that this appointment is for Nelson County’s business representative on the PWN Board and the nomination must come from the Piedmont Workforce Network and approved by the local Board of Supervisors. It was noted that Greg Kelly of the Central Virginia Electric Cooperative had been nominated by the PWN for the term of 7/1/07 to 6/30/2010.

Ms. Brennan moved to appoint Greg Kelly to the Piedmont Workforce Network Board as presented and Mr. Hale seconded the motion. There being no further discussion, Supervisors voted unanimously (4-0) to approve the motion and the appointment.

3.   Planning Commission-South District unexpired term; 6/30/08

It was the consensus of the Board to defer consideration of this appointment until Mr. Harris, South District Supervisor, is present.

4.   JAUNT, Inc.

The Board discussed the applicants for the two vacancies, noting that one of them is an Amherst County resident who works in Nelson County. It was the consensus of the Board that only Nelson County residents can be appointed to represent Nelson County.

Ms. Brennan moved to nominate Mr. Stu Armstrong and Ms. Daphne Kirby for appointment to the JAUNT board and there was no second.

Supervisors discussed deferring the appointments, not being comfortable with the current applicants, and agreed by consensus to defer the JAUNT appointments until other candidates were found.

Following discussion, Ms. Brennan withdrew the motion on the floor.

Mr. Carter noted that the Board can appoint or direct staff to attend the meetings, with Supervisors noting that finding someone who uses JAUNT would be preferable.

It was noted that there is one vacancy to fill on the Jefferson Area Disabilities Board and one more applicant needed for the Agricultural and Forestal District Advisory Committee. It was noted that the two current applicants for the latter Committee were Barbara Barton and Bo Holland.

B.   Correspondence

1.   Mr. Bruguiere noted having received a letter relating to the Census.

C.   Directives

Mr. Hale:   - Establish 501-3c non-profit organization for Blue Ridge Tunnel funding.
       - Have Constitutional Officers and Dept. Heads appear at BOS meetings to give                reports and schedule them on Agenda if an issue pertinent to their office comes                up, possibly rotate departments.
       - Maintain monthly file of Department Reports.
       - Make an effort to encourage local professionals to participate when soliciting                consultants.
       - Compile punch list for County Administrator on directives or things to follow up            on.
       - Hold information meeting on proposed E&S changes prior to the public hearing                to get feedback.
       - Add School Board meeting and EDA meeting to BOS Calendar.

Ms. Brennan:   - Investigate the Wintergreen Valley Utility request to expand discharge capacity                and write letter to request to speak at the September 26, 2007 public hearing.
       - Meeting with RVCC on lease extension to 50 years on August 15, 2007. Mr.              Carter noted having received the RVCC report on Center status and plans and                intends to meet with them before the September BOS meeting to be able to                report up to the Board at the September meeting.
       - Get status on Bedford County and Amherst County participation in Region 2000            Solid Waste Authority. Mr. Carter noted that Bedford City, not County, is in                the Region 2000 Solid Waste Authority and that Amherst seems to be out, but                he’s hopeful they’ll stay in.

Mr. Harvey:   - None

Mr. Bruguiere:   - Work toward completing agreement with NCSA necessary to close on the Rural             Development bonds for Piney River III.

IV.   Public Comments

1.   Tim Costillo, NCSA

Noted the Tye River truck stop water project is going well and will be completed in four to five weeks. He also noted working with the County on completing a Piney River III agreement. He stated that NCSA has provided comments on the Wintergreen Valley Utility Company’s request for a discharge permit expansion, questioning the potential for nutrient loading. In response to the Board’s questions, Mr. Costillo noted that during the re-permitting process is the optimum time to request an expansion, allowing the developers to know what capacity to design for, prior to the need arising.

The Board discussed having a work session to discuss E&S permit fees, but decided by consensus to wait until after the public hearing, gauging the feedback from builders then before making any decisions.

The Board discussed giving any additional instructions to Wiley & Wilson on the Courthouse project, with Mr. Carter noting that additional financial information had been received from Mr. Kooch, was under review by staff, and would be distributed to the Board shortly.

Ms. Brennan noted her discouragement over the sentiments expressed during the public hearing on the Biosolids Ordinance, regarding the Board’s perceived intent to harm County citizens by allowing the land application of biosolids.

V.   Adjournment

At   8:59 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 September 11, 2007 at the Nelson County Courthouse, Lovingston, Virginia for the regular scheduled meeting.