Board of Directors Meeting Minutes-September 11, 2007
Virginia:
AT A REGULAR MEETING of the Nelson County Board of Supervisors at 2:00 P. M. in the Board of Supervisors Meeting Room located in the Nelson County Courthouse.
Present: Thomas H. Bruguiere, Chair
Harry S. Harris, South District Supervisor
Allen M. Hale, East District Supervisor
Constance Brennan, Central District Supervisor
Thomas D. Harvey, North District Supervisor
Stephen A. Carter, County Administrator
Candice W. McGarry, Administrative Assistant/Deputy Clerk
Mark Bolt, Building Code Official
David Thompson, Assistant Building Code Official
Susan Rorrer, Director of Information Systems
Fred Boger, Director of Planning and Zoning
Debbie McCann, Director of Finance and Human Resources
I. Call to Order
Mr. Bruguiere, Chair, called the meeting to order at 2:07 P.M. with four members present to establish a quorum. Ms. Brennan joined the meeting at 2:10 P.M.
A. Moment of Silence – A moment of silence was observed with specific emphasis on remembering those whose lives were lost on September 11, 2001 and the men and women of Emergency Services Organizations who responded.
B. Pledge of Allegiance – Mr. Harvey led the pledge of allegiance.
C. Proclamation – P2007-007 Domestic Violence Awareness Month
Ms. Marie Murray representing the Shelter for Help in Emergency addressed the Board noting some current National statistics relating to domestic violence and thanked the Board for their continued support of the Agency. Ms. Murray noted that 85% of domestic violence occurs against women and 15% against men.
There being no further discussion, Mr. Hale moved to adopt Proclamation P2007-007 declaring October 2007, domestic violence awareness month. Mr. Harvey seconded the motion and Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following Proclamation was adopted:
Proclamation -P2007-007
Nelson County Board of Supervisors
Domestic Violence Awareness Month – October 2007
WHEREAS, violence against women, children, and men continues to become more prevalent as a social problem in our society; and
WHEREAS, the problems of domestic violence are not confined to any group or groups of people but cross all economic, racial and societal barriers, and are supported by societal indifference; and
WHEREAS, the crime of domestic violence violates an individual’s privacy, dignity, security, and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse, with the impact of this crime being wide-ranging; and
WHEREAS, in our quest to impose sanctions on those who break the law by perpetrating violence, we must also meet the needs of victims of domestic violence who often suffer grave physical, psychological and financial losses; and
WHEREAS, it is victims of domestic violence themselves who have been in the forefront of efforts to bring peace and equality to the home; and
WHEREAS, no one person, organization, agency or community can eliminate domestic violence on their own—we must work together to educate our entire population about what can be done to prevent such violence, support victims/survivors and their families, and increase support for agencies providing services to those community members; and
WHEREAS, the Shelter for Help in Emergency has led the way in the County of Nelson in addressing domestic violence by providing 24-hour hotline services to victims/survivors and their families, offering support and information, and empowering survivors to chart their own course for healing; and
WHEREAS, the Shelter for Help in Emergency commemorates its 28th year of providing unparalleled services to women, children and men who have been victimized by domestic violence;
NOW THEREFORE, BE IT RESOLVED, in recognition of the important work being done by the Shelter for Help in Emergency, that the Nelson County Board of Supervisors, does hereby proclaim the month of October 2007 as DOMESTIC VIOLENCE AWARENESS MONTH, and urge all citizens to actively participate in the scheduled activities and programs sponsored by the Shelter for Help in Emergency, and to work toward the elimination of personal and institutional violence against women, children and men.
II. Consent Agenda
Mr. Carter briefly noted the necessity of resolution R2007-077, and R2007-081 stating that it is the recommendation of the County Attorney to formerly accept the conveyance of property for the Blue Ridge Tunnel project. He recommended favorable consideration of the Consent Agenda.
Mr. Harris moved to adopt the Consent Agenda and Mr. Hale seconded the motion. There being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolutions were adopted:
RESOLUTION-R2007-075
NELSON COUNTY BOARD OF SUPERVISORS
APPROVAL OF MEETING MINUTES
(August 14, 2007)
RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board’s meetings conducted on August 14, 2007 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.
RESOLUTION-R2007-076
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
$128.69 Business Personal Property General Electric Capital Corp.
Property Tax Allocation Specialist
P.O. Box 1920, 10 Riverview Dr.
Danbury, CT 06813-3649
$3,800.67 Personal Property Ford Credit Titling Trust
Ford Credit Personal Property Tax
P.O. Box 67000, Dept. 231601
Detroit, MI 48267-2316
$229.16 Personal Property Mazda American Credit
P.O. Box 680020
Franklin, TN 37068-0020
$219.18 Personal Property American Suzuki Automotive Credit
P.O. Box 680020
Franklin, TN 37068-0020
Resolution -R2007-077
Nelson County Board of Supervisors
Amendment to restrictive covenants – U.S. Titanium superfund site piney River, Virginia
WHEREAS, on April 27, 2007, the United States District Court for the Western District of Virginia, Charlottesville Division has ordered a Consent Decree Third Modification pertaining to the U.S. Titanium Superfund Site in Piney River Virginia; and
WHEREAS, the County of Nelson is a fee simple owner of Tax parcel 74-A-1F included in the Superfund Site; and
WHEREAS, the Consent Decree Third Modification requires an amendment to the Declaration of Restrictive Covenants, dated November 1, 2006 recorded in the land records of the Circuit Court of Nelson County, Virginia on December 7, 2006 as Instrument #060004526, restricting the use of portions of the property described as Tax parcel 74-A-1F and modifying certain notice requirements pertaining to the conveyance of said property;
NOW THEREFORE, BE IT RESOLVED, the Nelson County Board of Supervisors does hereby authorize Stephen A. Carter, County Administrator or Philip D. Payne, IV, County Attorney, to execute the document titled First Amendment to Declaration of Restrictive Covenants and henceforth cause said document to be recorded in the Circuit Court of Nelson County, Virginia.
RESOLUTION-R2007-081
NELSON COUNTY BOARD OF SUPERVISORS
ACCEPTANCE OF CONVEYANCE –BLUE RIDGE CROZET TUNNEL PROPERTY (CSX TRANSPORTATION, INC.)
RESOLVED, by the Nelson County Board of Supervisors that said Board accepts the conveyance of property via duplicate deeds of Conveyance dated August 7, 2007; recorded in the Clerk’s Offices for the Circuit Courts of Nelson and Augusta Counties as Instrument Numbers respectively, 070003025 and 070010126, CSX Transportation, Inc., conveyed to the Board of Supervisors of Nelson County, Virginia, certain property and easements more fully described therein and sometimes referred to as the Blue Ridge Crozet Tunnel; and,
BE IT FURTHER RESOLVED, by the Nelson County Board of Supervisors that the County Administrator, Stephen A. Carter is hereby authorized and directed to execute the legal instruments signifying such acceptance.
III. Public Comments
A. Public Comments
Mr. Michael LaChance, Virginia Cooperative Extension Agent addressed the Board concerning adopting a drought declaration for the County considering the negative effects on the County’s agricultural production of an early spring freeze and the hot and dry summer. He noted his letter outlining the rainfall and crop production deficits for the past few months and the attached State map showing the drought affected areas. He also noted that the May rainfall deficit should read as 36% of normal instead of the stated 2%.
The Board discussed whether or not the County has an official rain gauge, with Mr. LaChance noting that there is a County-wide network of rain gauges providing hourly/daily reporting on rainfall throughout the County.
There being no further discussion, Ms. Brennan moved to adopt R2007-084 declaring Nelson County a drought disaster area and Mr. Harvey seconded the motion. Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolution was adopted:
RESOLUTION-R2007-084
NELSON COUNTY BOARD OF SUPERVISORS
DECLARING NELSON COUNTY A DROUGHT DISASTER AREA
WHEREAS, Nelson County has seen significant shortages in rainfall, with regional averages of about 16.5% of normal for July and only 1.4% of normal for August; and
WHEREAS, the above shortages of rainfall have reduced pasture, hay and grain crops below 35% of normal; and
WHEREAS, the ramifications of dry weather has affected our hay harvest which is 50% below our average; our pasture’s output has only been 50% of normal and corn and soybean yields will be down by 35%. The County’s fruit tree and vine industries have also suffered from the combined effects of both a late spring freeze and the current drought conditions; and
WHEREAS, drought conditions in Nelson County will significantly reduce farm income;
NOW THEREFORE BE IT RESOLVED, by the Nelson County Board of Supervisors that the Board hereby instructs the County Administrator to file with the Governor of Virginia to have Nelson County declared a drought disaster area.
B. VDOT Report
Mr. Kevin Wright gave the following report:
• Work continues on the Route 6 bridge repair projects. Completion is anticipated in late fall.
• Work also continues on the Route 29 Federal Paving project. Most of the shoulder trench widening has been completed, and the contractors continue paving and adjusting guardrail.
• Need to begin planning for a public hearing for the 2008-09 Secondary Six-Year Plan this winter, with a Board workshop to follow.
• Following the recent accident on Route 151, there have been several inquiries into the status of changes to Route 151 including truck restrictions, speed limits, and improvements. We are investigating the accident and reviewing the data after this accident as we do after every fatality on our roads. We will meet with the Board and share our findings when complete.
Mr. Wright noted that the official report had not been received from the State police yet on the accident and he will update the Board when it has been received. He reiterated that VDOT reviews every fatality that happens on the roadways. He also noted that there is some misunderstanding regarding the truck restrictions on Route 151; which requires Board action which was not taken when this topic was discussed in January 2007.
Mr. Wright stated that the bridge on Route 6 near the bottom of Cove Creek was not being improved due to its structural ratings being sufficient and noted that he thought that the bridge improvements on Route 6 did not include widening, only deck maintenance, but he would check.
Mr. Hale noted that on Route 617 there were thin stretches of asphalt along parts of the road, to which Mr. Wright noted that they were doing some maintenance patching which is more cost effective and that they were replacing the most deteriorated parts of the road.
Ms. Brennan noted to Mr. Wright that she didn’t think the public understands that the shoulder patching and guardrail work is being done with Federal Funding and expressed concern that citizens might be questioning the use of local tax dollars for these items and suggested that VDOT issue a press release regarding this work. Mr. Hale concurred with this suggestion and Mr. Wright indicated it could be done.
The Board briefly discussed the previously done Route 151 corridor study noting that the re-routing of trucks would involve resolution of the Route 64 bottleneck it creates. Mr. Bruguiere noted that safety issues at intersections needed to be resolved.
IV. Unfinished Business
A. Proposed Biosolids Ordinance
Mr. Payne summarized the revisions to the draft Ordinance that were made in committee since the public hearing. He noted that the input from VDH included minor suggestions that were not substantive but were incorporated into the draft. Synagro made three comments which were:
Information not available at the time of the initial notice of land application would be identified and provided to the Biosolids Monitor as soon as it becomes available and prior to commencement of land application, Synagro also objected to providing the name and addresses of adjoining property owners, noting that this requirement was not in the model ordinance used in developing the County’s draft and that State regulations impose very limited notice requirements on the applicants, and thirdly they questioned the limitation of the placement of biosolids in agricultural zoning districts.
Mr. Payne noted that these concerns were addressed in the revised draft in the following manner: Section 10-33 (f) was revised to provide that the Biosolids Monitor shall review the notice and documentation provided and shall notify the submitting party in writing of any deficiencies in the submittal within twenty days of receipt. The submitting party will have ten business days to correct the deficiencies unless otherwise permitted by the Biosolids Monitor in writing. In the event information necessary to correct a deficiency is not yet available, then the submitting party shall so advise the Biosolids Monitor and shall provide such information no later than seven days prior to land application. The second concern was addressed in Section 10-33 (b) which provides that the Biosolids Monitor is responsible, earlier in the process, to give notice of land application to adjoining properties, and thirdly Section 10-33 (a) was deleted, removing the limitation of the application of biosolids to Agricultural Zoning districts since he could not find any authority for the limitation to any particular use or zoning district.
Ms. Brennan questioned that any land if it meets the State’s requirements can have Biosolids applied, which Mr. Payne confirmed as correct. He stated that even though this is the case, practicality prevents the application of Biosolids just anywhere, giving the following example: If Wintergreen was to use biosolids to fertilize shrubbery; the State requirements for public access in all practicality would not allow for it and it won’t work unless it is a wide-open piece of land.
Mr. Bruguiere noted that the Farm Bureau has endorsed the draft Ordinance and encourages communication between applicants and surrounding land owners.
Whether or not New Jersey allows the spreading of biosolids was discussed, with Mr. Payne stating that he does not know, but would look into it. Several Board members noted interest in the answer.
Mr. Hale moved to adopt O2007-002 establishing Chapter 10, Solid Waste, Article II, Biosolids within the Code of Nelson County and Mr. Harris seconded the motion.
The Board’s discussion included Mr. Hale noting that passing this Ordinance is the limit of the Board’s capabilities, i.e. monitoring its application and the Board cannot not permit it. The difference in State laws was also discussed with added emphasis on the fact that the State producing the biosolids, New Jersey, restricts its use. Additionally, it was noted that there are very limited disposal options for biosolids, with waste energy being one that is very expensive. Ms. Brennan noted that even though this is an expensive option, she hoped that this would remain a consideration for the Region 2000 Solid Waste Authority. Mr. Carter noted that the Region 2000 Solid Waste Authority members were cognizant of this issue and it is still on the table as an option to explore.
There being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following Ordinance was adopted:
ORDINANCE O2007-002
NELSON COUNTY BOARD OF SUPERVISORS
CHAPTER 10
SOLID WASTE
ARTICLE II, BIOSOLIDS
BE IT ORDAINED, pursuant to Sections 15.2-1426, 15.2-1427,62.1-44.19:3 and 32.1164.5 et seq. of the Code of Virginia (1950, as amended), that the Code of Nelson County be amended as follows.
Section 10-28. Findings.
The Board of Supervisors finds that improper spreading, placement, disposal or management of Biosolids without appropriate testing, notice and monitoring could adversely affect agricultural lands, water supplies, wildlife, livestock, natural resources the environment and the general health, safety and welfare of the inhabitants of the County.
Section 10-29. Purpose and Intent.
This ordinance is intended to ensure laws and regulations governing the land application of Biosolids are properly implemented and enforced, and to secure and promote the health, safety and welfare of the county's citizens; to deter the creation of a public nuisance and to prevent pollution of the waters and soils of the County related to land application of Biosolids. In carrying out this ordinance the County will test and monitor the application of Biosolids to agricultural land within its boundaries as authorized by the Code of Virginia and applicable regulations. This ordinance addresses the land application of Biosolids in the County and implements the authority granted to local government by § 62.1-44.19:3 and § 32.1-164.5 et seq., of the Virginia Code, to provide for the testing, monitoring and enforcement of land application of Biosolids within the political boundaries of the County and to ensure compliance with applicable laws and regulations. This ordinance is not intended to regulate the land application of animal wastes or manures or Exceptional Quality Biosolids.
Section 10-30. Authority and Severability.
This ordinance is adopted pursuant to the authority granted by the Code of Virginia, including but not limited to Sections 15.2-1200 et seq., 15.2-2200 et seq., 15.22283 et seq., 62.1-44.19.3 and 32.1-164.2 et seq. In the event that any portion of this ordinance is declared void for any reason, such decision shall not affect the remaining portions of the ordinance, which shall remain in full force and effect, and for this purpose the provisions of this ordinance are hereby declared to be severable.
Section 10-31. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicator means any person who applies Biosolids pursuant to appropriate permits. Biosolids mean sewage sludge that has received an established treatment for required pathogen control and is treated or managed to reduce vector attraction to a satisfactory level and contains acceptable levels of pollutants, such that it is acceptable for use for land application, marketing or distribution in accordance with state law and regulations. Biosolids Monitor means an employee or agent of the County charged with the responsibility of ensuring that the land application of Biosolids is conducted in accordance with this ordinance and applicable laws and regulations.
Exceptional Quality Biosolids means Biosolids that have received an established level of treatment for pathogen control and vector attraction reduction and contain known levels of pollutants, such that they may be marketed or distributed for public use in accordance with state regulations.
Land Application of Biosolids means the spreading, placement or distribution of Biosolids upon, or insertion into, the land.
Nutrient Management Plan means a plan prepared by a person certified by the Commonwealth as a nutrient management planner and otherwise meeting the requirements set forth by state law and regulation.
Owner means a person who holds legal title, equitable title, a leasehold interest or the right of possession or control over land.
Permit means an authorization granted by the authority of the Commonwealth of Virginia to land apply Biosolids.
Permittee means any person who holds a permit authorizing the land application of Biosolids.
Sewage Sludge means any solid, semi-solid, or liquid residues, which contain materials removed from municipal or domestic wastewater during treatment including primary and secondary residues.
Storage Facility means any facility designed to store Biosolids for a period of time. Such facilities include, but are not limited to: above ground or underground storage tanks,
silos, ponds, lagoons and other holding devices.
State Agency means the appropriate administrative authority of the Commonwealth, including the Virginia Department of Health and the Virginia Department of Environmental Quality, charged with the regulation of Biosolids.
Section 10-32. Prohibited Practices.
(a) No person shall dispose of sewage sludge, including Biosolids, on land
located in the County except in accordance with federal and state law and regulations and this ordinance.
(b) No person shall land apply Biosolids on lands in the County until all of the
procedural requirements set forth in this ordinance as well as those set forth in applicable federal and state laws and regulations have been satisfied. No Owner shall permit land application of Biosolids on land in the County until all of the procedural requirements set forth in this ordinance and those set forth in state and federal law and regulation have been satisfied.
(c) No person shall apply and no Owner shall permit the application of
sewage sludge other than Biosolids that have been approved pursuant to regulations of the State Agency to land in this County.
(d) No person shall apply Biosolids to land in the County except pursuant to a
valid permit issued by the State Agency, in compliance with all applicable federal and state statutes and regulations, and in accordance with the provisions of this Ordinance.
Section 10-33. Notice & Requirements for Land Application of Biosolids.
(a) Upon the County's receipt of the State Agency's notification as required
pursuant to Virginia Code Section 32.1-164.2, the Biosolids Monitor shall notify in writing landowners adjoining the site proposed for the Land Application of Biosolids. Such notices shall be sent via first class mail to the last known address of each adjoining landowner according to County land records.
(b) Any person proposing or intending to land apply Biosolids to lands
in this county shall notify the county Biosolids Monitor in writing at least 100 days prior to any intended land application of Biosolids or as otherwise required by state law or regulation.
( c) The notice provided to the Biosolids Monitor shall include the following
information (if not already submitted to the County):
(1) The name, address and telephone number of the Permittee or
Applicator;
(2) The tax map number of the parcels where land application will
occur;
(3) The name, address and telephone number of the Owner of the
property where the land application will occur;
(4) The name, telephone number and address of the hauler of the
Biosolids;
(5) The estimated date range on which land application will occur and
the duration of the planned application;
(6) A copy of the current state permit and any other state or federal
permits authorizing the land application;
(7) A copy of a Nutrient Management Plan as required by state law
and regulation;
(8) Information on proposed haul routes and alternative haul routes on
a County map;
(d) The Biosolids Monitor will notify adjoining landowners in writing in
advance of field operations by the Permittee. Such notices shall be sent via first class mail to the last known address of each adjoining landowner according to county land records and shall be sent upon receipt of any spreading schedule received from the Permittee. Potential conflicts between operating schedules and adjoining landowner activities will be brought to the attention of the Permittee in writing at least one week in advance of the scheduled activity so that the schedule for spreading Biosolids can be adjusted to minimize potential nuisance.
( e) The Biosolids Monitor shall review the notice and documentation
provided and shall notify the submitting party in writing of any deficiencies in the submittal within twenty days of receipt. The submitting party will have ten business days to correct the deficiencies unless otherwise permitted by the Biosolids Monitor in writing. In the event information necessary to correct a deficiency is not yet available, then the submitting party shall so advise the Biosolids Monitor and shall provide such information no later than seven days prior to land application.
Section 10-34. Monitoring and Sampling.
(a) By agreeing to accept Biosolids for land application, the Owner of the
property on which land application takes place agrees to allow the Biosolids Monitor access to the land application site for the purpose of monitoring land application activities. It is the responsibility of the
Permittee to ensure that the property Owner is advised of this requirement. The Biosolids Monitor shall make diligent efforts to make contact with the property Owner prior to entering the property.
(b) The Permittee and Owner shall allow the County to take samples at the
application site before, during and after the application. Any test samples shall be analyzed at a laboratory qualified to conduct such analysis and the County Health Department may review these test results to determine compliance with applicable laws and regulations. At the request of the Applicator the Biosolids Monitor will provide the Applicator with a split sample.
( c) At the request of the Biosolids Monitor, the Applicator or Permittee shall
provide the most recent analysis results for Biosolids that are land applied at any site in the county.
Section 10-35. Complaint Response.
(a) The Biosolids Monitor shall notify the State Agency, the Applicator or
Permittee and the Owner of all complaints concerning the land application of Biosolids.
(b) The Biosolids Monitor shall notify the Permittee of any failure to follow
the requirements of the Permit resulting in the improper application of Biosolids or in the spillage of Biosolids onto public streets or rights-of way or on property outside the area authorized by the Permit.
(c) The Permittee shall respond to undertake appropriate corrective action for
improperly applied Biosolids, or to clean up Biosolids spilled onto public streets, roadways or other unpermitted areas, immediately upon receiving such notification.
(d) In the event that the Permittee does not respond to notification of spillage
or improper application and the County conducts the cleanup of spilled Biosolids, the Permittee shall compensate the County for the actual costs of such cleanup.
( e) The Permittee is responsible for ensuring that the tracking of Biosolids
from land application sites onto public roads is minimized and that Biosolids that are dragged or tracked out from land application sites are promptly removed from public roads and highways.
Section 10-36. Scheduling.
The Permittee will, at the request of the Biosolids Monitor, make all reasonable efforts to schedule land application activities so as to avoid conflicts with community or social events in the vicinity of the land application site.
Section 10-37. Storage.
Biosolids shall be land applied as they are received at the site unless land application is precluded by unforeseen weather conditions or other circumstances beyond the control of the Permittee. Biosolids shall not be stored at any site in the County other than storage that is approved in accordance with the law and regulations of the State Agency.
Section 10-38. Financial Responsibility.
Land application of Biosolids is not allowed unless the Permittee has in effect liability insurance or other evidence of financial responsibility in the amount that is required by state law or regulation, covering losses and claims arising from the land application or transportation of Biosolids and related activities in the County. Such insurance or other form of financial responsibility shall be maintained in full force and effect throughout the time that the applicator is engaged in land application of Biosolids in the County. The Permittee shall provide the Bioso1ids Monitor with certificates of insurance or other evidence of financial responsibility and shall promptly notify the Biosolids Monitor of any proposed cancellation or modification of insurance coverage.
Section 10-39. Reimbursement.
The County shall submit requests for reimbursement for the costs and expenses of testing and monitoring of land application and related activities as are allowed by applicable state law, regulations, manuals, guides and procedures.
Section 10-40. Enforcement.
(a) The Biosolids Monitor shall have the authority to order the abatement of
any violations of Sections 32.1-164.5, 32.1-164.6 or 62.1-44.19:3 of the Code of Virginia, as amended, or any violation of any regulation promulgated pursuant to those Code sections by any state agency. Such abatement order shall identify the activity constituting the violation; specify the Virginia Code provision or regulation violated by the activity and order that the activity ceases immediately.
(b) In the event of any dispute concerning the existence of a violation, the
activity alleged to be in violation shall be halted pending a determination by the Department of Health or other appropriate State Agency, whose decision shall be final and binding unless reversed on judicial appeal pursuant to Virginia Code Section 2.2-4026, as amended. Any person who fails or refuses to halt such activity may be compelled to do so by injunction.
(c) The County may bring suit to enjoin, restrain, correct or prevent any
violation of this Article.
Section 10-41. Effective Date.
This ordinance is effective upon adoption. Any land application that is in progress on the date this ordinance is adopted, and any land application that was scheduled before the effective date of this ordinance, shall be deemed in compliance with this ordinance provided that application is completed within thirty days after the effective date of this ordinance.
B. David Blount – Draft 2008 Legislative Program
Mr. Blount was not present at the time of consideration of this item, and it was deferred until his arrival.
V. New Business
A. Proposed Erosion & Sediment Control Inspector Job Description
Mr. Carter over-viewed for the public the series of events that has led to the proposed job description for consideration. The Erosion and Sediment Control program review, lead to the corrective action agreement with DCR, which prompted the development of an Alternate Inspection Plan. Staffs’ analysis indicated an increase in the number of hours that will be required to do the inspections, creating an FTE deficit in the Inspections Department of approximately 1.8.
Mr. Carter asked that the Board consider approval of the job description and filling the position; but noted that these items could be considered separately.
The Board questioned the current level of building permits with Mr. Mark Bolt, Building Code Official, noting that permits were up in August compared to last year. He noted that building additions have picked up and asked that the Board seriously consider the new position because they will need the help and eventually will be reviewed again by the State.
The Board discussed considering the position at a busier time for inspections, the possibility of contracting the E&S inspections out with Mr. Carter noting that contracting it out might be possible, but staff analysis has shown it to be more cost effective to do it internally. He also noted that the General Fund budget could be revised at any time to include the cost of the position.
Mr. Hale suggested that the Board adopt the changes in the Ordinance, establishing the fee schedule to be able to fund the position and consider it after the actual workload can be evaluated.
Mr. Bolt added that the position would be cross-trained in both E&S and building inspections with Mr. Carter stating that the intent is to have someone that can serve both purposes, which led to a discussion regarding doing the E&S inspections at the same time as building inspections whenever possible. Mr. Carter noted that the estimated additional hours for E&S inspections had already been mitigated by the Alternate Inspection Plan and again by consolidating these inspections 43% of the time. Some concern was expressed that builders might be held up if these inspections can’t be done timely with the current staff levels.
The job description was briefly discussed with it being suggested that the responsibilities be broadened to include more related to building inspections. The overall need for the new job description was discussed given that it was within the same department and would be doing both types of inspections; as are some of the current building inspectors. Mr. Carter noted that the position was not a requirement for compliance with the corrective action agreement with DCR.
Following discussion, it was the consensus of the Board to defer consideration of R2007-078 and no action was taken.
Mr. Carter reiterated that of primary concern was updating the Ordinance by the October 12th deadline and addressing enforcement and inspection items in the corrective action agreement by November 23rd.
VI. Reports, Appointments, Correspondence, and Directives
A. Reports
1. Staff Reports
a. Susan Rorrer, Director of Information Systems
i) Ms. Rorrer reported that the E-911 system had been down on the previous Thursday night due to a UPS equipment failure possibly caused by a power surge. She noted that a technician was coming on site the next day to replace the batteries, which had to be shipped from North Carolina, to troubleshoot the system. Additionally, she noted that the back-up generator failed due to high temperature ratings per Ray Uttaro and that procedures were being established for dispatchers to follow in the event of equipment failures.
The Board expressed the desire to know about these incidences when they occur with Ms. Rorrer in agreement noting a quicker response time was also necessary. She stated that Mr. Uttaro had notified the TV stations so that the public was aware that the system was down. She noted that she would follow up with answers as to why the UPS and the generator both failed.
The Board discussed another generator issue at Rockfish Valley Community Center noting that the center had no emergency lighting during a power failure because generator issues need resolving. The possibility of reprogramming it to automatically come on rather than having to manually turn it on was discussed. Mr. Carter noted that he instructed Mr. Uttaro to do this, who in turn contacted the person in Georgia to get it done.
In closing on this subject, Ms. Rorrer suggested that the Board consider a new UPS and generator if building/equipping a new dispatch center.
ii) Ms. Rorrer then noted a potential grant opportunity via the Public Safety Interoperability Grant which provides funding of $1 Billion nationwide and $25 Million for Virginia for interoperability related projects. She is currently working to identify a qualifying project and noted that the application procedures specify Regional projects. She stated that she is working to see how this can be accomplished and is following up with other surrounding localities; noting that she is aware that Rockbridge County is not pursuing the funds. The project description is to be submitted by September 21st and staff members will be attending a meeting on the grant funding in October.
iii) Ms. Rorrer gave an update on the GIS project noting that final data has been submitted from Timmons to the County for approval. She noted that the 911 data conversion was not as successful as the parcel data conversion and center-line conversion has been done. Funding sources noted for future layer development was noted to be the State Wireless Board’s PSAP program. She then passed around some samples of the new 911 map book pages, sample pages of the planimetric tax maps, and ortho-photo maps. She noted that the ortho-photos would be far more effective to use in the Commissioner of Revenue’s office rather than the planimetric tax maps, however they were expensive to produce. In closing she noted that the GIS web product should be up in October and the new 911 map book would be ready later this year.
Mr. Harvey exited the meeting briefly at 3:40 pm and returned at 3:43 pm
b. David Blount – 2008 Legislative Priorities
Mr. David Blount being present was recognized by the Chair and asked to present his report. Mr. Blount briefed the Board on the five (5) legislative priorities for 2008 as follows:
1. CSA – Increase administrative funding, and provide greater tracking and reporting of provider
services.
2. Public Education Re-benchmarking
3. Land use and group management including expanding the impact fees.
4. Transportation funding
5. State and Local Revenues – Stop unfunded mandates
Mr. Blount noted that Broadband access had been incorporated into policy statements for State support to underserved areas. The EMS training issue was discussed with VOLSAP program funding added along with the provision of other incentives for EMS providers. In response to questions from the Board, Mr. Blount noted that in order to be included in the authority to impose impact fees, a locality must subscribe to the Urban District requirements which would involve adjusting the Comprehensive Plan to designate these areas. He also noted that they were still advocating a cap on CSA expenditures but were focusing on provider costs and accountability as a means to curb local costs. He noted that this could be re-inserted into the rationale statement. Medicaid waivers were noted to be an issue bubbling below the surface, but not incorporated this year. Mr. Blount also stated that the cost of competing allowance for teachers is not expanding beyond the Northern Virginia area right now. In conclusion, he noted that the draft plan would be circulated for comment and subsequent approval by the Board at the October meeting.
c. Fred Boger, Director of Planning and Zoning
Mr. Boger reported on the following:
i) FEMA has provided new preliminary Flood Insurance Maps for review and staff has provided comments to FEMA regarding the new maps. He showed a transparency noting the Annual Premiums paid for Flood Insurance in the County, the number of policies issued, the number of policies issued in the 100 year flood plain and the value of the policies. He then showed an overlay of the flood insurance areas over the Orthophotography maps of the same area. He noted examples of where the existing flood plain had been extended into areas that topographically do not make sense, but that FEMA was requiring that the new maps be used in making flood plain determinations because they are considered the “best available data”. He gave an example of the Rockfish Valley Community Center now considered a flood plain where it wasn’t before. It was noted that computer modeling was employed to develop the flood plain areas and it is not based on actual field work. It was discussed that the requirement by FEMA to use “the best available data” did not mean exclusive use of the maps to make this determination. The Tyro area was also noted to be an area with extended flood plains.
Mr. Boger noted that a recent example, the RVCC dental trailer, will require filing of a plan to evacuate the temporary structure (trailer) within 24-48 hours of flooding. He also noted that map amendments are possible but are expensive. Mr. Hale noted that flood elevation certificates can be obtained by a surveyor. Mr. Carter added that the County can use the new maps in the interim period and then do a re-analysis of the maps in six months to a year. It was noted by the Board that two (2) things can be done: obtain a certificate of elevation from a surveyor or have an engineering analysis done.
Mr. Boger noted not having the latitude to make a determination on “best available data”.
ii) He has been working with the County attorney on compiling a list of interpretations of the new Zoning and Subdivision Ordinances. He noted that drain fields (reserve area) is an issue that may need grandfather provisions, noting that 20+ acre lots have to meet the 100% required reserve area and subdivided lots have to have a septic drain field and reserve whether or not there is an intention to build on the lot; which could require an amendment to fix.
Following Mr. Boger’s report, the Board took a five (5) minute break.
d. Debbie McCann, Director of Finance and Human Resources
Ms. McCann reported the following:
i) The FY07 fiscal year finished with a positive balance on a cash basis, however the carry-over was approximately $100,000 less than anticipated but will most likely be made up within the current year. FY08 YTD, 10.5% of the total appropriated revenues, approximately $3 Million have been collected and FY08 YTD, 11.3% of the total appropriated expenditures, approximately $3.2 Million have been spent, which is typical. No apparent collection or expenditure trends have yet been identified for this fiscal year.
ii) The Finance Department and Treasurer’s Office have been working to comply with a new Auditing Standard SAS 112 which requires that the books be kept on a cash and accrual basis which requires the establishment and maintenance of two (2) sets of records. The County has hired a CPA to assist in implementing SAS 112 immediately.
iii) Overviewed the current Debt analysis chart provided by Davenport & Company, noting the following key assumptions and considerations that apply:
• Based on Case 2 as presented by Davenport & Company LLC on July 10, 2007. Sustainable Revenues are after debt service for the Piney River 3 and the Solid Waste Convenience Centers.
• 50% of Solid Waste Debt is assumed to be absorbed through operational savings generated by moving to in-house transport of solid waste from Convenience Centers to the Transfer Station.
• Increase/Decrease in taxable valuation of Real Estate from the 2012 reassessment is excluded in this analysis.
• Assumes the first 7.5 million is financed through USDA Rural Development with a 4.125% interest rate and a 38 year amortization schedule. The remaining amount to be finance is included with a 5.5% interest rate and a 30 year amortization schedule.
• Revenue and Expense growth assumptions are based on historic trend analysis:
- Revenue Growth averaging 3.25%
- Expenditure Growth averaging 4.6%
• The bottom chart shows the effect of limiting expenditures to the level of revenue growth (3.25%) until 2012 at which time the county’s financial ability would be re-evaluated based on potential reassessment impact.
CONSIDERATIONS
• What are the priority elements for the project?
• How much debt is reasonable considering the potential debt capacity from increased reassessment values in 2008 and the future financial impact if the 2012 values decrease below 2008 values?
• Savings provided by some limit on expenditure growth blended with revenue that would be generated by a 30-40% increase in assessed values provides the more reasonable approach to fund the courthouse project.
Upon consideration of this chart, it was noted by Mr. Bruguiere and Mr. Hale that deficit spending has been the historic trend.
2. County Administrator’s Report
Mr. Carter reported the following:
1. Courthouse/Government Center Project – Interactive design work sessions will be conducted by Wiley and Wilson with County personnel on September 13 and 17. W&S will then complete and report on conclusion of the project’s Schematic Phase. Thereafter, with the approval of the Board of Supervisors the Final Design phase will be negotiated and initiated. County staff will report to the Board on 9-11-07 on updated financial capacity projections associated with this and other capital projects (see attachment).
Mr. Carter noted that recently the lead assessor noted a 60% increase in real estate values is possible and that they are currently working on Wintergreen. He also noted having talked with Rural Development about their guaranteed loan program which could yield a lower blended rate and would allow for the refinancing of the guaranteed portion at some point if it were attractive to do so.
2. Piney River 3 Project: Bids were received at 2 p.m. on 9-6. Thirteen companies submitted bid proposals for one or more of the project’s three construction phases. Three companies submitted separate low bid offerings resulting in a total bid amount of $4,502,468.5. The bid results are considered very competitive and were in alignment with the project engineer’s (Draper Aden Associates) estimate. Next steps include a) contract(s) execution and b) closing of project funding with USDA-Rural Development. Staff is currently determining the sufficiency of available project funding. It is possible that additional funding from USDA-RD may be required with an alternative being the use of County funding, as necessary, to insure funding of all project costs is adequate. And, on a related subject, staff is continuing to work with NCSA to finalize the services agreement required prior to closing with USDA-RD. It is anticipated that a final draft, which must be approved by both boards, will be completed the week of 9-9.
Mr. Carter distributed the bid-tabulation sheet and noted staff would be re-looking at the financing to facilitate closing on the USDA-RD funds. He noted that Draper Aden had spoken to VDOT regarding the low bid by Atkins and verified their qualifications to do the job.
3. Solid Waste Project: A. Collection Centers Project: Bids for the Shipman and Massie Mill Collection Site projects will be received on 9-11-07. To date, eleven firms have purchased the bid documents for these two projects.
Mr. Carter distributed the bid-tabulation sheet noting the favorable bids that were received noting that the preliminary estimates were much higher prior to the first addendum being issued. He noted that the addendums mitigated the cost projections to within the VRA application amounts of $500,000 per site. He noted that staff intends to meet with and negotiate lower costs with the low bid contractors. The Board discussed this as being necessary with some expression that the engineering standards specified for the sites were too high. The Board discussed the potential to negotiate certain items out without affecting the quality of the design. The consensus of the Board was to have Mr. Bruguiere and Mr. Hale serve on the negotiating committee with a meeting to be set up with the Engineers and the Contractors ASAP, using the Rockfish site specifications for comparative purposes. Mr. Carter re-iterated that this has been Staff’s intention and noted that Wiley & Wilson had no incentive to hope for higher bids.
B. Region 2000 Services Authority: Amherst County has not, to date, completed a final decision on the regional solid waste authority. Each of the other jurisdictions has approved the establishment of the authority and its respective membership therein. Amherst County, which has endeavored to amend the authority agreement, has been advised that it must make its decisions by the Board of Supervisors second meeting in September 07 and must do so based on the provisions of the agreement, etc. previously approved by each of the other localities (i.e. no amendments). Otherwise, Amherst will be removed from membership and would have to re-apply in the future.
Mr. Carter noted that Appomattox County is petitioning to join the Authority and Nelson is not negatively impacted by a potential decision by Amherst not to join but could have a slightly higher tipping fee. The Board discussed its role in offering encouragement to the Amherst Board to participate.
C. Waste Management: Staff will meet with representatives of Waste Management on 9-26 to re-negotiate the current services agreement. Notice was recently provided to WM advising of the County’s intent to maintain WM’s services for the final year of the present services agreement. The notice included a proposed amendment enabling the County to end WM’s services with thirty days prior notice. This consideration is
associated with the projected commencement on 7-1-08 of the Region 2000 Services Authority’s operations and the County’s concurrent assumption of all collection system services (excluding transportation to the regional landfill). Waste Management is also proposing changes to the agreement to include a fuel surcharge and direct billing by the firm’s transportation (landfill) sub-contractor.
4. 2008 General Reassessment: Staff from Wingate Appraisal Services has advised that the company is presently working on the Wintergreen community. The firm is scheduled to submit the 2008 General Reassessment by 12-31-08.
Mr. Carter added that notices will be sent out to the public in November 2008.
5. Roof Replacement Projects: Procurement requirements (contract, specifications, invitation for bid, etc.) for the replacement of the roofs at the Maintenance Building and Nelson Heritage Center (classroom section only) are nearly completed with the advertisement for sealed bids for each project anticipated for completed by 9-30-07.
The Board briefly discussed this noting their preference to bid out the Heritage Center roof (old classroom section only) separately as soon as possible. The type of roofing material, standing seam metal panels or baked enamel steel panes, to be used for the Maintenance Shop roof was briefly discussed with the Board noting a preference to solicit written quotes for this smaller project versus issuing a request for sealed bids. Ms. McGarry noted that staff would consult the Virginia Public Procurement Act prior to proceeding in this direction.
6. Blue Ridge Railway and Tunnel Projects: Construction of the second phase of the BR Railway Trail is expected to begin the week of 9-9. The project’s scope is bridge repair and two miles of trail surfacing. On the BR Tunnel project, staff is working to complete the application to the Internal Revenue Service to establish a 501c3 non-profit entity to serve as a fund raising mechanism for the project’s completion.
Mr. Carter noted that Amherst won the lawsuit and owns the trail.
7. Community Center Assessments: The report(s) on the evaluation of each community center is planned for presentation to the Board at the regular session on 10-9.
8. Interest Free Loan Program: A request for $500,000 in funding from the Emergency Services Interest Free Loan Program has been received from Wintergreen Fire Department. The funding amount and repayment period requested exceed the program’s current allowances (i.e. $500,000 for 15 years versus $250,000 for eight years). The entire loan pool, $750,000, is currently obligated. It is projected, based upon current repayment schedules, that the fund’s balance at 6-30-08 will be $139,617.
The Board noted that Wintergreen has a current loan that they intend to re-pay prior to initiating a new one. The Board also discussed funding the pool up to $1 Million dollars using the Courthouse money pre-construction set-aside to fund their request and then pay it back at a later date. Mr. Carter noted that he advised them of the policy of going through the EMS Council first and them recommending funding to the Board. The Board agreed by consensus that they would like to hear the Council’s opinion first and the necessity for a ladder truck was briefly discussed.
9. Board Retreat: Staff is presently endeavoring to develop and schedule a Board Retreat. Scheduling is projected for late October to mid December 07.
Mr. Carter noted the benefit of including the new Board member elect in the Retreat.
10. Rockfish Valley Community Center: The water system project is complete. VDH has advised that it is proceeding with issuance of a new water permit for the facility.
3. Board Reports
Mr. Hale: 1) Noted meeting with Fred and Phil on the Subdivision Ordinance interpretations.
Ms. Brennan: 1) Noted meeting with RVCC along with Mr. Harvey to discuss a long-term lease versus disposal of the property to them with some adjustment to the property boundaries. Mr. Carter noted the reports to be made in October with Mr. Bruguiere noting that they’d have more funding leverage if they owned the building.
2) Attended a WPI meeting with Mr. Harvey and Mr. Carter
3) Attended a VACo Resolutions Committee meeting and discussed legislative agenda.
4) Attended TJPDC along with Fred Boger, completed intergovernmental review of Wintergreen Mountain Sewage Treatment Plant and modification of their VPDES permit.
Mr. Harris: 1) Noted having passed on a letter from Gladstone asking for financial assistance in the replacement of their air conditioner. Mr. Carter acknowledged receipt of the letter.
Mr. Bruguiere: No report
Mr. Harvey: No report
The Board agreed by consensus to consider Correspondence before Appointments on the agenda.
B. Correspondence
1. Culpeper County – Coalition to Study Local Impact of Illegal Immigration
The Board agreed by consensus that this letter was not relevant to Nelson County
2. Dr. Roger Collins – Jacket Recognition Program
Ms. Brennan noted to the Board that she spoke with Dr. Collins regarding his letter, and he acknowledged that he did not take into consideration the non-sports aspects of the program and she recommended that this subject be deferred until further correspondence from them. The Board agreed.
C. Appointments
1. JAUNT
Mr. Hale noted being in receipt of an application for service on the JAUNT Board and distributed it for the Board’s review. He noted the applicant’s apparent qualifications and recommended favorable consideration.
Mr. Hale moved to appoint Ms. Janice Jackson to the JAUNT Board and Mr. Harris seconded the motion.
There was some discussion regarding the previous consensus to defer appointment until both of the seats could be filled concurrently.
That being acknowledged, the Chair called for the vote and Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the appointment.
2. Planning Commission, South District Unexpired Term
Mr. Harris moved to appoint Mr. Mike Tapager to represent the South District on the Planning Commission to serve out the unexpired term and Mr. Hale seconded the motion.
The Board discussed Mr. Tapager’s qualifications with Mr. Hale and Ms. Brennan noting his interest in Planning and his faithful meeting attendance. Mr. Bruguiere noted that he supports Mike but the Planning Commission is a non-political Board and therefore he cannot support his appointment for political reasons.
There being no further discussion the Chair called for the vote and Supervisors voted 3-2 by roll call vote to approve the motion and the appointment, with Mr. Bruguiere and Mr. Harvey voting No.
D. Directives – Directives were deferred until the evening session.
VII. Recess and Reconvene for Evening Session
At 5:50 P.M., on a motion by Mr. Hale, and seconded by Ms. Brennan, Supervisors voted unanimously (5-0) to recess and reconvene for the evening session at 7:30 PM.
EVENING SESSION
7:30 p.m. – Nelson County Courthouse
I. Call to Order
Chairman Bruguiere called the meeting to order at 7:35 p.m. with five (5) Supervisors present to establish a quorum.
II. Public Hearings
A. Conditional Use Permit #2007-005 (R. Jones, Tax Map #96-A-11)
Mr. Boger overviewed the application noting that Mr. Jones is requesting to place a second manufactured home on his property located at 1715 Piedmont Road, Gladstone, VA. Mr. Boger noted that doing this constitutes a “mobile home park” which requires a Conditional Use Permit. Mr. Boger also noted that the property is now deeded in Mr. Jones’s name and staff now recommends approval with the conditions noted as presented with the application.
There being no questions or comments from the applicant, the public hearing was opened. There
being no persons wishing to be recognized, the public hearing was closed.
Mr. Harris moved to approve Conditional Use Permit #2007-005 for Riley Jones, Tax Map #96-
A-11 with the following conditions:
The manufactured home is to be occupied by Mr. Jones’s son and family, should Mr. Jones move
from this location, the manufactured home must be removed from the property, and no junk or
inoperative vehicles can be located in the area between the rear of Mr. Jones’s existing
manufactured home and the rear property line in order to keep this area for a residential use and
protect the septic drain fields and wells.
Ms. Brennan seconded the motion and there being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the Conditional Use Permit #2007-05.
B. Final Subdivision Plat – River Rock Estates
Mr. Boger overviewed the application noting that Dream Land of Virginia LLC’s application is to divide 99.8 acres into 9 lots ranging in size from 7.492 to 14.759 acres with the property being located on Tye River Road on Tax Map #92-A-6. He noted that the E&S plan had been approved and the soils work was under review by the Health Department and that the Planning Commission recommends approval of the final subdivision plat pending completion of the soils work.
In response to the Board’s questions, Mr. Boger noted that the Homeowner’s Association pays the taxes on the “common land” and the subdivision is not affected by the new FEMA flood plain maps.
There being no questions or comments from the applicant, the public hearing was opened. There
being no persons wishing to be recognized, the public hearing was closed.
Ms. Brennan moved to approve the final subdivision plat dated July 20, 2007, entitled “A Composite Plan Showing a Subdivision of the Property of Dream Land of Virginia, L.L.C to be known as River Rock Estates,” a portion of Tax Map #92-A-6, subject to final approval of soils work from the Health Department.
Mr. Harris seconded the motion and there being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the final subdivision plat for River Rock Estates, Tye River Road, Tax Map #92-A-6.
C. Final Subdivision Plat – Rockfish Heights, Section 2
Mr. Boger overviewed the application noting that Section 2 of Rockfish Heights is approximately 75.936 acres and will be divided into 16 lots. He also stated that Lot 14-B is 1.422 acres and does not meet the 2 acre lot size minimum and will be used as the required septic drainfield area for lot 14-A, which will be noted on the final plat. He noted that the Planning Commission recommends approval contingent upon the receipt of final approval of the E&S plan and soils work by the Health Department, placing utility easements on the plat, noting on the plat that lot 14B is a non-buildable lot which will be used for the required septic drainfield for lot 14A and noting on the plat the location of permanent monuments.
There being no questions or comments from the applicant, the public hearing was opened. There
being no persons wishing to be recognized, the public hearing was closed.
Ms. Brennan moved to approve the final subdivision plat dated July 3, 2007, signed July 18, 2007, entitled “Rockfish Heights Sect.2” as amended by the recommended plat revisions, dividing approximately 75.9236 acres into 16 lots on State Route 627, Tax Map #21-A-24F, contingent upon the receipt of final approval of the E&S plan and soils work by the Health Department, placing utility easements on the plat, noting on the plat that lot 14B is a non-buildable lot which will be used for the required septic drainfield for lot 14A and noting on the plat the location of permanent monuments.
Mr. Hale seconded the motion and there being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the final subdivision plat with recommended plat revisions, for Rockfish Heights, Section 2, Tax Map #21-A-24F.
D. Agricultural & Forestal District Addition – Davis Creek 17.26 acres
Mr. Boger overviewed the application noting that the total additional acreage to the District would be 17.26 acres made up of 4.56 acre and 12.70 acre parcels. He stated this is still a voluntary program and that these parcels would be subject to the same conditions as the original parcels making up the District.
There being no questions or comments from the applicant, the public hearing was opened. There
being no persons wishing to be recognized, the public hearing was closed.
Ms. Brennan moved to approve R2007-082 an Ordinance Adding to the Davis Creek Agricultural and Forestal District. Mr. Harris seconded the motion and there being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following Resolution was adopted:
RESOLUTION –R2007-082
NELSON COUNTY BOARD OF SUPERVISORS
AN ORDINANCE ADDING TO
THE DAVIS CREEK AGRICULTURAL AND FORESTAL DISTRICT
WHEREAS, an application has been filed to add to the Davis Creek Agricultural and Forestal District; and
WHEREAS, the District addition will consist of the following properties:
• Tax Map #45-A, Parcel 22 4.56 acres
• Tax Map #45-A, Parcel 12 & 12A 12.70 acres
WHEREAS, the total additional acreage to the district will be 17.26 acres; and
WHEREAS, the property owners voluntarily agree to subject their properties to the requirements stated in Section 9-202 of the Code of Nelson County and in addition to these general requirements they have agreed upon the following additional restrictions:
a. No parcel within the District shall be developed to a use more intensive than that existing on the date of creation of the district, other than uses resulting in more intensive agricultural or forestal production; and
b. Parcels of land within the District may only be subdivided by purchase or gift to immediate family members. However, subdivided parcels shall remain in the District at least until the time of the next scheduled District renewal; and
c. Parcels of land within the District may be sold in their entirety to a non-family member during the term of the District. However, the parcel under new ownership shall remain in the District at least until the time of the next scheduled District renewal; and
d. Membership in this Agricultural and Forestal District does not preclude building a home on land on which no structure exists, or construction of a guest house, garage, workshop, or similar auxiliary structure as allowed by County Regulations; and
e. The period before first review is five (5) years; and
WHEREAS, on June 27, 2007, the Nelson County Planning Commission referred the application to the Agricultural and Forestal Districts Advisory Committee; and
WHEREAS, the Agricultural and Forestal Districts Advisory Committee met on July 23, 2007 to review and discuss the application; and
WHEREAS, the Agricultural and Forestal Districts Advisory Committee has determined that the application and all the properties cited in it comply with the requirements for addition to the Agricultural and Forestal District and recommends the addition to the Davis Creek Agricultural Forestal District as proposed; and
WHEREAS, on August 13, 2007 letters were mailed first class to the adjacent landowners advising them of the scheduled public hearings to be held at the Courthouse on August 22, 2007 for the Planning Commission and on September 11, 2007 for the Board of Supervisors; and
WHEREAS, pursuant with Section 15.2-4307 of the Code of Virginia and Chapter 9, Article 5, Agricultural and Forestal District, of the Code of the County of Nelson, the required notices were mailed first class to the owners of the properties within the proposed district notifying them of the public hearings; and
WHEREAS, in accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950 as amended, and pursuant to Section 15.2-2204, Section 15.2-2285, Section 15.2-2310, and Section 15.2-4307, notice of the public hearings was published in the Nelson County Times on August 2 and 9, 2007; and
WHEREAS, pursuant to Section 15.2-4310 of the Code of Virginia, five notices of the public hearings were posted in five conspicuous places within the proposed addition parcels on August 9, 2007; and
WHEREAS, on July 25, 2007 the Nelson County Planning Department and the Agricultural and Forestal Districts Advisory Committee presented to the Nelson County Planning Commission their reports recommending approval of the application as proposed; and
WHEREAS, pursuant to Section 15.2 of the Code of Virginia, the Nelson County Planning Commission held a public hearing on August 22, 2007 to receive comments from the public on the proposed addition to the Agricultural and Forestal District, and the Nelson County Board of Supervisors also held a public hearing on September 11, 2007 for the same purpose; and
WHEREAS, after reviewing the Planning Department’s report, the Agricultural and Forestal Districts Advisory Committee’s recommendation, and considering comments from the public, it is the Board’s finding that this addition meets the requirements for the Agricultural and Forestal District;
NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY BOARD OF SUPERVISORS that it recommends adoption of an ordinance adding 17.26 acres to the Davis Creek Agricultural and Forestal District as proposed with the conditions (restrictions) as stated in the application which each property owner voluntarily agreed to place on his and/or her property.
E. Agricultural & Forestal District Addition – Dutch Creek 11.501 acres
Mr. Boger overviewed the application noting that the total additional acreage to the District would be 11.501 acres. He stated this is still a voluntary program and that these parcels would be subject to the same conditions as the original parcels making up the District. He also noted that the parcel does not have to be contiguous if it’s within one (1) mile of the original district.
There being no questions or comments from the applicant, the public hearing was opened. There
being no persons wishing to be recognized, the public hearing was closed.
Mr. Hale moved to approve R2007-083 an Ordinance Adding to the Dutch Creek Agricultural and Forestal District Tax Map #60-3, Parcel 13. Ms. Brennan seconded the motion and there being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following Resolution was adopted:
RESOLUTION R2007-083
NELSON COUNTY BOARD OF SUPERVISORS
AN ORDINANCE ADDING TO
THE DUTCH CREEK AGRICULTURAL AND FORESTAL DISTRICT
WHEREAS, an application has been filed to add to the Dutch Creek Agricultural and Forestal District; and
WHEREAS, the District addition will consist of the following properties:
• Tax Map #60-3, Parcel 13 11.501 acres
WHEREAS, the total additional acreage to the district will be 11.501 acres; and
WHEREAS, the property owners voluntarily agree to subject their properties to the requirements stated in Section 9-202 of the Code of Nelson County and in addition to these general requirements they have agreed upon the following additional restrictions:
b. No parcel within the District shall be developed to a use more intensive than that existing on the date of creation of the district, other than uses resulting in more intensive agricultural or forestal production; and
b. Parcels of land within the District may only be subdivided by purchase or gift to immediate family members. However, subdivided parcels shall remain in the District at least until the time of the next scheduled District renewal; and
f. Parcels of land within the District may be sold in their entirety to a non-family member during the term of the District. However, the parcel under new ownership shall remain in the District at least until the time of the next scheduled District renewal; and
g. Membership in this Agricultural and Forestal District does not preclude building a home on land on which no structure exists, or construction of a guest house, garage, workshop, or similar auxiliary structure as allowed by County Regulations; and
h. The period before first review is five (5) years; and
WHEREAS, on June 27, 2007, the Nelson County Planning Commission referred the application to the Agricultural and Forestal Districts Advisory Committee; and
WHEREAS, the Agricultural and Forestal Districts Advisory Committee met on July 23, 2007 to review and discuss the application; and
WHEREAS, the Agricultural and Forestal Districts Advisory Committee has determined that the application and all the properties cited in it comply with the requirements for addition to the Agricultural and Forestal District and recommends the addition to the Dutch Creek Agricultural Forestal District as proposed; and
WHEREAS, on August 13, 2007 letters were mailed first class to the adjacent landowners advising them of the scheduled public hearings to be held at the Courthouse on August 22, 2007 for the Planning Commission and on September 11, 2007 for the Board of Supervisors; and
WHEREAS, pursuant with Section 15.2-4307 of the Code of Virginia and Chapter 9, Article 5, Agricultural and Forestal District, of the Code of the County of Nelson, the required notices were mailed first class to the owners of the properties within the proposed district notifying them of the public hearings; and
WHEREAS, in accordance with Volume 3A, Title 15.2, Counties, Cities and Towns, of the Code of Virginia, 1950 as amended, and pursuant to Section 15.2-2204, Section 15.2-2285, Section 15.2-2310, and Section 15.2-4307, notice of the public hearings was published in the Nelson County Times on August 2 and 9, 2007; and
WHEREAS, pursuant to Section 15.2-4310 of the Code of Virginia, five notices of the public hearings were posted in five conspicuous places within the proposed addition parcels on August 9, 2007; and
WHEREAS, on July 25, 2007 the Nelson County Planning Department and the Agricultural and Forestal Districts Advisory Committee presented to the Nelson County Planning Commission their reports recommending approval of the application as proposed; and
WHEREAS, pursuant to Section 15.2 of the Code of Virginia, the Nelson County Planning Commission held a public hearing on August 22, 2007 to receive comments from the public on the proposed addition to the Agricultural and Forestal District, and the Nelson County Board of Supervisors also held a public hearing on September 11, 2007 for the same purpose; and
WHEREAS, after reviewing the Planning Department’s report, the Agricultural and Forestal Districts Advisory Committee’s recommendation, and considering comments from the public, it is the Board’s finding that this addition meets the requirements for the Agricultural and Forestal District;
NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY BOARD OF SUPERVISORS that it recommends adoption of an ordinance adding 11.501 acres to the Dutch Creek Agricultural and Forestal District, as proposed, with the conditions (restrictions) as stated in the application which each property owner voluntarily agreed to place on his and/or her property.
F. Piney River III - Rural Development Bond Issue (Water)
Mr. Carter noted that the issuance of the water revenue bonds was a funding mechanism for the Piney River III project and that the resolution presented, R2007-079 authorizes the issuance of not to exceed $900,000 of water revenue bonds for the water system separate from the wastewater to be subsequently considered. He stated that the water loan amount is $499,000 with $1,364,000 in grant monies allocated for the water portion of the project. He noted that the resolution provides for a 4.25% interest rate for a term of 38 years on the bonds with 2 years of capitalized interest and no prepayment penalties. He also noted that revenues from the system support repayment of the debt.
There being no questions or comments for Mr. Carter, the public hearing was opened. There being no persons wishing to be recognized, the public hearing was closed and the Chairman called for a motion.
Mr. Hale moved to approve R2007-079, a resolution authorizing the acquisition, construction, and financing of water system facilities by Nelson County and Authorizing the issuance, sale and award of a not to exceed $900,000 water revenue bond, and providing for the form, details, and payment thereof. Mr. Harvey seconded the motion and Mr. Harris clarified that the debt can be retired early if desired. There being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and following resolution was adopted:
R2007-079
NELSON COUNTY BOARD OF SUPERVISORS
A RESOLUTION AUTHORIZING THE ACQUISITION,
CONSTRUCTION AND FINANCING OF water SYSTEM
FACILITIES BY Nelson COUNTY AND AUTHORIZING
THE ISSUANCE, SALE AND AWARD OF A NOT TO EXCEED $900,000 water
REVENUE BOND, AND PROVIDING FOR THE FORM, DETAILS
AND PAYMENT THEREOF
The Board of Supervisors of Nelson County, Virginia (the “Board of Supervisors”) has determined to acquire, construct and equip certain water system facilities as hereinafter described to provide water service in the community of Piney River in Nelson County and to issue its revenue bond in the amount not to exceed $900,000, the proceeds of which, together with other available funds, are estimated to be sufficient to pay the cost of the Project hereinafter authorized; and
The United States of America (the “Government”), has offered to purchase such revenue bond upon certain terms and conditions, and the Board of Supervisors, after mature consideration of the condition of the municipal bond market and other methods of selling its bonds, has determined to satisfy such terms and conditions and award the bond to the Government.
The Board of Supervisors have held a public hearing on the proposed bond issue, in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended.
THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF Nelson COUNTY, VIRGINIA:
ARTICLE I
Definitions
Section 1.1. Definitions. Whenever used in this resolution, unless a different meaning clearly appears from the context:
“Act” shall mean the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended).
“Additional Bonds” shall mean any bonds issued pursuant to Article VI and secured on a parity with the Bonds by a pledge of the Pledged Revenues.
“Board of Supervisors” shall mean the Board of Supervisors of the County.
“Bondholder” shall mean the holder or owner of any of the Bonds from time to time outstanding.
“Bonds” shall mean the Initial Bond and any Additional Bonds issued hereunder.
“Certified copy” shall mean a copy of a resolution or other paper certified by the clerk or deputy clerk of the Board of Supervisors or the clerk or secretary of any other body.
“Closing Date” shall mean the date on which the Initial Bond is delivered to the Government upon payment of the purchase price therefor.
“Consulting Engineer” shall mean the firm of Draper Aden Associates, of Richmond, Virginia, or its successor, or such other engineering firm or individual engineer as may be employed by the County as Consulting Engineer in accordance with Section 9.5.
“County” shall mean the County of Nelson, Virginia.
“Fiscal year” shall mean the twelve-month period beginning on July 1 of one year and ending on June 30 of the following year.
“Government” shall mean the United States of America, its successors and assigns.
“Gross Revenues” shall mean all revenues, income, and receipts derived or received by the County from the operation and ownership of the System, including the interest income from the investment or deposit of money in any fund created by this resolution or a supplemental resolution in connection with the System, plus any other money from other sources pledged by the County to the payment of the Bonds, but “Gross Revenues” shall not mean or include any impact fees or developer fees charged by the County for the construction of capital improvements or extensions to the System.
“Initial Bond” shall mean the County's water revenue bond in the aggregate principal amount not to exceed $900,000, issued pursuant to this resolution.
“Net Revenues” shall mean Gross Revenues less Operating Expenses.
“Operating Expenses” shall mean the reasonable and necessary expenses of operation, administration, maintenance and repair of the System, excluding any allowance for depreciation, the deposits or transfers to the Debt Service Fund or the Reserve Fund established in Section 4.3, and expenditures for capital improvements or extensions to the System.
“Pledged Revenues” shall mean the Net Revenues plus any additional . revenues, income, receipts or other resources, including, without limitation, any grants, donations or income received or to be received from the Government or any other public or private source, whether pursuant to an agreement or otherwise that are hereafter pledged to the payment of the Bonds.
“Project” shall mean the water system facilities to be constructed in the Piney River community of the County, substantially as described in documents by the Consulting Engineer dated March 9, 2007.
“System” shall mean the Project, all additions, extensions and enlargements thereto and any water project or projects that may be duly authorized by the County and made a part of the System.
ARTICLE II
Authorization of Project
Section 2.1. The Project. The Board of Supervisors authorizes the acquisition and construction of the Project. The Project may be modified by the County; provided, however, that any such modification shall have been approved and recommended in writing by the Consulting Engineer and the Government.
ARTICLE III
Authorization, Form, Execution, Delivery,
Registration and Prepayment of Initial Bond
Section 3.1. Authorization of Initial Bond Pursuant to the Act, there is hereby authorized to be issued and sold a water revenue bond of the County in the principal amount not to exceed $900,000 (the “Initial Bond”), to provide funds, together with other available funds, to finance the cost of the Project. To the extent permitted by § 15.2-2601 of the Act, the Board of Supervisors elects to issue the Initial Bond under the provisions of the Act without regard to any charter or local or special act applicable to the County. The Board of Supervisors finds that the Project is a revenue-producing undertaking within the meaning of Section 15.2-2608 of the Act.
Section 3.2. Award of Initial Bond. After mature consideration of the methods of sale of such bond and current conditions of the municipal bond market, it is hereby determined that it is in the best interest of the County for the Board of Supervisors to accept the offer of the Government to purchase the Initial. Bond upon certain terms and conditions set forth in the Government's letter dated June 3, 2005, a copy of which has been presented to the Board of Supervisors at the meeting at which this resolution is adopted. Such offer is hereby accepted, and the Board of Supervisors hereby agrees to meet such terms and conditions.
Section 3.3. Details of Initial Bond. The Initial Bond shall be issuable as one bond in a denomination not to exceed $900,000, and shall be designated “Water Revenue Bond, Series 2007.” The Initial Bond shall bear interest at the rate of the lower of (a) 4.25% per year, or (b) the rate quoted by the Government as the closing rate effective on the Closing Date. The Initial Bond shall be in fully registered form, shall be numbered R-l, shall be dated the date of the Closing Date, and shall provide for payment of interest only on the first anniversary of the Closing Date. Equal installments of combined principal and interest on the Initial Bond are payable beginning the 25th full month following the Closing Date and continuing on the same date of each month thereafter until the principal of the Initial Bond is paid in full. Such installments shall be in an amount sufficient to amortize fully the principal of the Initial Bond over 468 months at the rate of interest on the Initial Bond. If not sooner paid the final installment on the Initial Bond shall be due and payable 40 years from the Closing Date. In the event the Closing Date occurs on the 29th, 30th or 31st day of a month, the payment date shall be the 28th day of the month. Any payment on the Initial Bond shall be applied first to interest accrued to the payment date and then to principal. Installments shall be payable in lawful money of the United States of America by check or draft mailed to the registered owner of the Initial Bond at its address as. it appears on the registration books, except that the final installment shall be payable upon presentation and surrender of the Initial Bond at the office of the County Administrator who is hereby appointed Registrar.
Section 3.4. Alternate Provisions. At the request of the Government, the Initial Bond may be delivered as a fully registered bond in the alternative form contained herein providing for principal advances to be made from time to time by the Government in an aggregate amount not to exceed $900,000. An authorized officer of the Government shall enter the amount and the date of each such principal advance on the Certificate of Principal Advances attached to the Initial Bond against which such advance is made when the proceeds of such advance are delivered to the County. Each such principal advance shall bear interest from the date of such advance so entered on the certificate.
Section 3.5. Prepayment. Installments of principal due on the Initial Bond may be prepaid at the option of the County at any time as a whole or in part from time to time (but if in part, in inverse order of their maturities) without premiums from any proceeds of the Initial Bond remaining after completion of the Project, any proceeds derived by the County from the sale or other disposition of a portion of the System, including the proceeds of insurance or condemnation awards, or any other source. Notwithstanding the above, the County may at any time deliver moneys to the Government with instructions that such moneys be credited against future installments due on the Initial Bond in inverse chronological order. Prepayments shall not affect the obligation of the County to pay the remaining installments payable as provided in Section 3.3 above.
Section 3.6 Execution of Initial Bond. The Initial Bond shall be signed by the Chairman or Vice-Chairman of the Board of Supervisors and the County's seal shall be affixed thereto and attested by the Clerk of the Board of Supervisors.
Section 3.7 Form of Initial Bond. The Initial Bond shall be in substantially the following form:
No. R-I $900,000
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF Nelson
Water Revenue Bond, Series 2007
The County of Nelson (the “County”), for value received, hereby acknowledges itself indebted and promises to pay, solely from the revenues described and pledged in the Bond Resolution, as hereafter defined, to the payment hereof, to the United States of America, or registered assigns, the principal sum [equal to the aggregate amount of principal advances shown on the attached Certificate of Principal Advances, but not to exceed the sum ] of
NINE HUNDRED THOUSAND AND 00/100 DOLLARS
($900,000)
and to pay, solely from such source, to the registered owner hereof interest on the unpaid principal from the date [hereof] [of each principal advance shown on the attached Certificate of Principal Advances] until payment of the entire principal sum at the rate of ___ percent (___ %) per year. Interest only is payable on __________ , 20___ and on ___ , , 20___. Installments of combined principal and interest ___ of $ _____ are payable beginning, 20___ and continuing on the same day of each month thereafter until the principal of this bond is paid in full. Any payment on this bond shall be applied first to interest accrued to such payment date and then to principal. If not sooner paid, the final installment shall be due and payable 40 years from the date hereof. Such installments shall be payable in lawful money of the United States of America by check or draft mailed to the registered owner at its address as it appears on the registration books kept for that purpose at the office of the County Administrator who has been appointed Registrar, except that the final installment shall be payable upon presentation and surrender hereof at the office of the Registrar.
This bond has been authorized by a resolution duly adopted by the Board of Supervisors of the County (the “Board of Supervisors”) on ________, 2007 (the “Bond Resolution”) and is issued pursuant to the Public Finance Act of 1991 (Chapter 26) Title 15.2, Code of Virginia of 1950, as amended) (the “Act”), to provide funds, together with other available funds, to finance the cost of acquiring and constructing water system facilities in the Piney River community of Nelson County, Virginia. Reference is hereby made to the Bond Resolution and any amendments thereto for the provisions, among others, describing the pledge and covenants securing this bond, the nature and extent of the security, the terms and conditions upon which this bond is issued, the rights and obligations of the County and the rights of the bondholder.
Both principal of and interest on this bond are payable solely from the revenues pledged thereto in the Bond Resolution and nothing herein or in the Bond Resolution shall be deemed to create or constitute a general obligation of or a pledge of the faith and credit of the Commonwealth of Virginia, the County or any county, city, town or other political subdivision of the Commonwealth.
This bond is fully registered as to both principal and interest in the name of United States of America. Transfer of this bond may be registered upon the registration books of the Registrar. Prior to due presentment for registration of transfer the Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and “interest and the exercise of all other rights and powers of the owner.
Additional bonds secured equally and ratably with this bond may be issued from
time to time under the conditions, limitations and restrictions set forth in the Bond Resolution.
Installments of principal due on this bond may be prepaid at the option of the County at any time as a whole or in part from time to time (but if in part, in inverse order of their maturities), without premium. Prepayments of installments of principal shall not affect the obligation of the County to pay the remaining installments payable as provided above.
All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed.
IN WITNESS WHEREOF, the County has caused this bond to be signed by the Chairman of the Board of Supervisors, its seal to be affixed hereto and attested by the Clerk of the Board of Supervisors, and this bond to be dated _____________, 2007.
ATTEST:
[NOT FOR SIGNATURE]
[NOT FOR SIGNATURE]
(Seal)
(Seal)
Clerk, Board of Supervisors
Chairman, Board of Supervisors
of Nelson County
of Nelson County
TRANSFER OF BOND
The transfer of this bond may be registered by the registered owner or its duly authorized attorney upon presentation hereof to the Registrar who shall make note o f such transfer in books kept by the Registrar for that purpose and in the registration blank below.
Date of Registration
Name of Registered Owner
Signature of Registrar
CERTIFICATE OF PRINCIPAL ADVANCES
The amount and date of principal advances not to exceed the face amount hereof shall be entered hereof. by an authorized officer of the United States of America, when the proceeds of each such principal advance are delivered to the County.
Amount
Date
Authorized Signature
Section 3.8. Registration and Exchange of Bonds. Transfer of the Bonds may be registered upon books maintained for that purpose at the office of the Registrar. Prior to due presentment for registration of transfer the Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner. The Initial Bond shall initially be registered as to principal and interest in the name of the United States of America with an address of Finance Office, United States Department of Agriculture, 1520 Market Street, St. Louis, Missouri 63103-2696.
Section 3.9. Delivery of Initial Bond. The Chairman and the Clerk of the Board of Supervisors are hereby authorized and directed to take all proper steps to have the Initial Bond prepared and executed in accordance with its terms and to deliver the Initial Bond to the Government upon payment of the purchase price therefor. In the event the Initial Bond is not issued and delivered during the current calendar year, the Chairman and the Clerk are hereby authorized and directed to change the series designation to such other designation as may be appropriate at the time of its issuance.
ARTICLE IV
Revenues and Funds
Section 4.1. Revenue Covenants. It is hereby covenanted and agreed with the holders of the Bonds that so long as any of the Bonds are outstanding the County will:
(a) fix, charge and collect such rates, fees and other charges to users of or for the services furnished by the System and from time to time revise such rates, fees and charges so as to produce sufficient revenues in each fiscal year to equal an amount required to pay (i) the Operating Expenses which shall accrue become payable during the then current fiscal year and (ii) the amounts required by Section 4.3 to be paid during the then current fiscal year into the Debt Service Fund and Reserve Fund established in Section 4.3;
(b) apply the revenues derived from the operation of the System as provided in Section 4.3; and
(c) segregate and keep segregated from all other County funds all revenues derived from the operation of the System and keep proper records and accounts therefor, separate and apart from all other County records and accounts.
(d) No later than May 15 of each year beginning May 15, 2007, the County Administrator (the "County Administrator") shall calculate the amount by which Net Revenues (calculated by excluding from Gross Revenues from any amounts to be or expected to be appropriated or paid pursuant to this Section 4.1) are expected in the next ensuing Fiscal Year to be insufficient to pay any amounts due under the Initial Bond (the "Annual Deficiency Amount").
(e) The Board of Supervisors hereby directs the County Administrator to include the Annual Deficiency Amount in the budget submitted to the Board of Supervisors for the next ensuing Fiscal Year. The County Administrator shall deliver to the Government within ten days after the adoption of the Borrower's budget for each Fiscal Year, but not later than July 15 of each year, a certificate stating whether the Board of Supervisors has approved and included an amount equal to the Annual Deficiency Amount in the adopted Borrower budget for such Fiscal Year.
(f) If the County fails to make any payment due on the Initial Bond within ten days of its due date or any other payment required hereunder within 15 days of demand therefor, the County Administrator shall promptly notify the Board of Supervisors of such fact and the amount of any deficiency due hereunder. In such event, the County Administrator shall, on or before the fifth day of the month following the month in which the Board of Supervisors shall have been notified of the deficiency, deliver to the Board of Supervisors a certificate stating the amount of the deficiency accompanied by a request that the Board of Supervisors appropriate and pay to the Government, from general funds of the County an amount sufficient to cure the deficiency.
(g) The County agrees that the Board of Supervisors will consider each request for appropriation made pursuant to subsection (f) above at its next regularly scheduled meeting at which it is possible to satisfy any applicable notification requirement. The County shall notify the Government promptly after such meeting as to whether the amount so required was appropriated. If the Board of Supervisors shall fail to make such appropriation, the County Administrator shall add the amount of such requested appropriation to the Annual Deficiency Amount reported to the Board of Supervisors for the next Fiscal Year.
(h) The County shall pay to the Government the amount of any appropriation made pursuant to this Section. The County acknowledges that any amounts appropriated pursuant to this Section are pledged to secure the payment of principal of and premium, if any, and interest on the Initial Bond.
(i) The Board of Supervisors hereby undertakes a non-binding obligation to appropriate such amounts as may be requested from time to time pursuant to subsections (e) and (f) above, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board of Supervisors, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future Fiscal Years, hereby states its intent to make such appropriations in future Fiscal Years, and hereby recommends that future Boards of Supervisors do likewise.
(j) Nothing contained in this Section is or shall be deemed to be a lending of the credit of the County to the Government or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County. Nothing contained in this Section shall bind or obligate the Board of Supervisors to appropriate funds for the purposes described herein.
Section 4.2. Free Service: Enforcement of Charges.
(a) So long as any of the Bonds are outstanding the County shall not permit connections to or use of the System or provide any services of the System without making a charge therefor.
(b) If any rates, fees or charges for the use of and for the services furnished by the System shall not be paid within 60 days after the same shall become due and payable, or within such shorter time as may be determined by the County, at the expiration of such period the County shall disconnect the premises from the System or otherwise suspend service to such premises until such delinquent rates, fees or charges and any interest, penalties or charges for reconnection shall have been paid in full; provided, however, that such services shall not be suspended if the State Health Commissioner shall have found and shall certify to the County that suspending such services will endanger the health of the persons occupying such premises or the health of others.
(c) The County shall take all such action as may be necessary to perfect liens upon real estate for the amount of any unpaid rates, fees, or charges described in Section 4.2(b) above or any unpaid connection charges or other charges so that such liens will be binding upon subsequent bona fide purchasers for valuable consideration without actual notice thereof.
Section 4.3. Funds. The following special funds are hereby established and shall be held by the County for the following purposes:
Construction Fund: Simultaneously with the delivery of the Initia1 Bond the proceeds from the sale thereof shall be deposited in a special bank account designated the Construction Fund and shall be applied to the cost of the Project, unless the Initial Bond is issued in the alternative form providing for periodic advances, in which case the amount of any such advance may be immediately applied to the cost of the Project. Payments shall be made from the Construction Fund on checks signed by an authorized representative of the County and countersigned by an authorized representative of the Government. The County shall preserve at its office accurate records available at all times which show that payments from the Construction Fund or, if applicable, advances under the Initial Bond were made solely to pay costs of the Project. Any balance remaining in the Construction Fund shall, at the option of the County, be used to prepay installments of principal and interest on the Initial Bond or shall be transferred to the Reserve Fund.
Revenue Fund: All Gross Revenues shall be collected and, so far as may be practicable, deposited not less frequently than weekly in the Revenue Fund. Moneys on deposit in the Revenue Fund shall be used only in the manner and priority set out below.
Debt Service Fund: Each month the County shall transfer from the Revenue Fund to the Debt Service. Fund an amount equal to the installments of interest or principal and interest as the case may be, coming due on the Bonds that month. If there should be insufficient moneys in the Revenue Fund and the Reserve Fund for this purpose, the deficit shall be added to the required payment for the month or months next ensuing until such deficit is eliminated. When the balances in the Debt Service Fund and the Reserve Fund shall equal the principal of and interest on the Bonds then outstanding to their respective maturities, no further transfers to the Debt Service Fund shall be required. The County shall pay installments of principal and interest on the Bonds from the Debt Service Fund as the same become due.
Operating Fund: Each month, after making the transfer to the Debt Service Fund required above, the County shall transfer from the Revenue Fund to the Operating Fund such amount, if any, needed to increase the balance in the Operating Fund to the sum of (a) the amount of the Operating Expenses for the current month and (b) the aggregate amount of all checks outstanding and unpaid drawn upon the Operating Fund. Each month the County shall pay from the Operating Fund all Operating Expenses for the then current month.
Reserve Fund: Each month, after making the transfers to the Debt Service Fund and the Operating Fund required above, the County shall transfer an amount equal to 10% of monthly installments of principal and interest on the Bonds from the Revenue Fund to the Reserve Fund until there has been accumulated and maintained therein an amount equal to twelve (12) such installments, after which no further deposits shall be required except to eliminate any deficiency in the Reserve Fund. The Reserve Fund shall be used with the prior written approval of the Government to make transfers to the Debt Service Fund to the extent necessary (a) to pay the principal of and interest on the Bonds, as the same become due in the event the ba1ance on the Debt Service Fund is insufficient, therefor, (b) to pay the cost of repairing or replacing any damage to the System, or (c) to pay the cost of extensions or improvements to the System. Any balance remaining in the Revenue Fund each month, after the transfers to the Debt Service Fund, the Operating Fund, and the Reserve Fund are made as required below, may be used by the County, with the Government's consent, for any lawful purpose relating to the System. All moneys deposited in the Revenue Fund that are not transferred as required above within twelve (12) months of deposit shall be used in the next succeeding month to make prepayments on the Bonds or for any other lawful purpose of the County related to the System.
Section 4.4. Pledge of Revenues. As security for the payment of the principal of, premium, if any, and interest on all Bonds issued from time to time hereunder, the County, pursuant to and in accordance with the provisions of the Act, does hereby pledge unto the holders of the Bonds all of the County's right, title and interest to, in and under the following:
(a) The Net Revenues;
(b) The money and investments, including investment earnings thereon, on deposit from time to time in the Construction Fund, the Revenue Fund, the Operating Fund, the Debt Service Fund and the Reserve Fund, subject only to the right to make application thereof to other purposes as provided in this Resolution; and
(c) Such other properties and assets and interests in properties and assets as may hereafter be pledged to the payments of the Bonds pursuant to any supplemental resolution or which may be delivered, pledged, mortgaged, or assigned to the holders of the Bonds as security for the Bonds.
Both principal and interest on the Bonds are payable solely from the revenues pledged hereby, and nothing in this resolution or in the Bonds shall be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia, the County or any county, city, town or other political subdivision of the Commonwealth.
ARTICLE V
Security for Deposits and Investment of Funds
Section 5.1. Security for Deposits. All moneys on deposit with any bank or trust, company shall be secured for the benefit of the County and the holders of the Bonds in the manner required by the Virginia Security for Public Deposits Act (Chapter 44, Title 2.2, Code of Virginia of 1950, as amended) or any successor provision of laws.
Section 5.2. Investment of Funds. All moneys in the Construction Fund, Revenue Fund, the Operating Fund, the Debt Service Fund and the Reserve Fund not immediately necessary for the purposes thereof may be invested by the County in securities and deposits which are authorized by the laws of the Commonwealth of Virginia for public funds, all of which shall mature or be subject to redemption or withdrawal by the holder or depositor for the purposes of the aforesaid funds. Any such investments shall be considered a part of such funds and the accounts therein and income there from and any profit or loss on the sale thereof shall be credited to or charged against such funds and accounts.
ARTICLE VI
Additional Bonds
Section 6.1. Issuance of Additional Bonds. The County may Issue additional bonds secured on a parity with the Bonds then outstanding by a pledge of the Pledged Revenues (the “Additional Bonds”) to finance the cost of completing the Project or the acquisition or construction of improvements, extensions, additions and replacements to the System or to refund any Bonds. Additional Bonds shall be in such form, shall be dated such date shall mature in such installments of principal and interest, shall bear interest at such rate or rates, shall be in such denomination or denominations and may contain such provisions for prepayment prior to their respective maturities, all as provided by the Board of Supervisors by resolution adopted prior to their Issuance. Additional Bonds shall contain an appropriate series designation.
Section 6.2. Conditions of Issuance. The County shall not Issue any Additional Bonds unless there shall have been filed with the County and, if the Government is the Owner of either the Initial Bond or any Additional Bonds, with the Government, the following:
(a) a certified copy of a resolution of the Board of Supervisors in form complying with the foregoing provisions specifying or providing for all the terms of the Additional Bonds and, if applicable, stating the cost of the acquisition or construction of any improvements, extensions, additions and replacements to the System to be acquired or constructed and finding and ordering that such improvements, extensions, additions and replacements shall be a part of the System;
(b) a certified copy of a resolution of the Board of Supervisors awarding the Additional Bonds, specifying or providing for the interest rate or rates and directing the delivery of such Additional Bonds to the purchaser or purchasers upon payment of the purchase price set forth therein;
(c) if the Additional Bonds are to be issued to complete the Project, a certificate of the Consulting Engineer to that effect;
(d) if the Additional Bonds are to be issued for any purpose other than the refunding of Bonds or the completion of the Project, either (i) a certificate of an independent certified public accountant stating that the amount of the Net Revenues for the fiscal year preceding the year in which the proposed Additional Bonds are to be issued was not less than one hundred percent (100%) of the average annual principal and interest requirements for the Bonds then outstanding and the Additional Bonds to be issued, or (ii) the written consent of the holders of three-fourths in aggregate principal amount of the Bonds outstanding;
(e) a certificate of the County, signed by the Chairman or Vice-Chairman Board of Supervisors of Supervisors, that the County is in compliance with all covenants and undertakings in connection with this resolution and any supplemental resolution authorizing Additional Bonds which remain outstanding; and
(f) the written opinion or opinions of counsel for the County stating that the issuance of the Additional Bonds has been duly authorized and that all conditions precedent to their delivery have been fulfilled.
ARTICLE VII
Interim Financing and Refinancing
Section 7.1. Interim Financing. The Chairman and the Clerk of the Board of Supervisors are hereby authorized on behalf of the County to borrow an amount not to exceed the authorized principal amount of the Initial Bond in anticipation of the issuance and sale of the Initial Bond and for the purposes for which the Initial Bond is authorized. Such sum may be borrowed from such sources and at such rate or rates as the Chairman and the Clerk may determine to be in the best interest of the County, but not to exceed ten percent (10%) per year. Such borrowing shall be evidenced by one or more notes dated and executed by the Chairman and the Clerk and shall mature at such time and may be renewed from time to time, all as such officers shall determine, except that each such note and renewal thereof shall mature not later than the date provided by law for repayment of bond anticipation notes. Such notes shall not be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia, the County or any county, city, town or other political subdivision of the Commonwealth.
Section 7.2. Refinancing. The County shall refinance the unpaid principal balance of the Initial Bond upon the request of the Government if at any time it shall appear to the Government that the County is able to do so with funds obtained from responsible private sources at reasonable rates and terms for loans for similar purposes and periods of time.
ARTICLE VIII
Amendments
Section 8.1. Amendments Without Consent: The County shall have the right, from time to time, without the consent of any of the Bondholders to adopt resolutions supplemental hereto, not inconsistent with the terms and provisions hereof:
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