Board of Supervisors: October 9, 2007

October 9, 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
       Fred Boger, Director of Planning and Zoning
       Debbie McCann, Director of Finance and Human Resources
       Jean Payne, Commissioner of Revenue

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 and all members were present.

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

II.   Consent Agenda

Mr. Hale asked that the current meeting minutes of October 9, 2007 reflect clarification of a statement contained in the September 11, 2007 meeting minutes under consideration for approval. He asked that the record show that Kevin Wright of VDOT did not recommend in January of 2007 that the Board request a Route 151 study noting that the Commonwealth Transportation Board guidelines would result in no change to the status of the road.

Mr. Harris moved to approve the Consent Agenda and Mr. Harvey 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-R2007-088
NELSON COUNTY BOARD OF SUPERVISORS
APPROVAL OF MEETING MINUTES
(September 11, 2007)
RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board’s meetings conducted on September 11, 2007 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings
RESOLUTION (R2007-089)
AMENDMENT OF FISCAL YEAR 2007-2008 BUDGET
NELSON COUNTY, VA
October 9, 2007

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


      I.       Appropriation of Funds (Capital Fund)
Amount   Revenue Account   Expenditure Account
       $140,181.00   3-110-004104-0010   4-110-094100-8240


      II.       Transfer from General Fund Contingency
Amount   Credit Account (-)   Debit Account (+)
       $   30,000.00   4-100-999000-9901   4-100-021040-3020

RESOLUTION-R2007-090
NELSON COUNTY BOARD OF SUPERVISORS
REGION 2000 SOLID WASTE AUTHORITY RE-ADOPTION OF RESOLUTION R2007-065 ESTABLISHING THE AUTHORITY EXCLUDING AMHERST COUNTY

WHEREAS, the Board of Supervisors on July 10, 2007 adopted Resolution R2007-065 creating and adopting Articles of Incorporation for the Region 2000 Services Authority and approving the Region 2000 Services Authority Member Use Agreement including Amherst County, and;

WHEREAS, Amherst County has not adopted the same Articles of Incorporation and Member Use Agreement indicating non-participation in the Region 2000 Services Authority, and;

WHEREAS, legal council for the Region 2000 Services Authority recommends re-adoption of Resolution R2007-065 removing all references to Amherst County, in order to establish the Authority in accordance with State Corporation Commission guidelines;

NOW THEREFORE BE IT RESOLVED, by the Nelson County Board of Supervisors that Resolution R2007-065 previously adopted on July 10, 2007 approving the Articles of Incorporation and Member Use Agreement for the Region 2000 Services Authority, is hereby re-adopted removing all references, in both the Articles of Incorporation and Member Use Agreement, to the County of Amherst as a member of the Authority.

RESOLUTION-R2007-091
NELSON COUNTY BOARD OF SUPERVISORS
ACCEPTANCE OF CONVEYANCE –SHIPMAN TRACT, SOLID WASTE COLLECTION SITE

RESOLVED, by the Nelson County Board of Supervisors that said Board accepts the conveyance of property via deed of Conveyance dated September 11, 2007; recorded in the Clerk’s Office for the Circuit Court of Nelson County as Instrument Number 070003313. The Nelson County Community Development Foundation, Inc., conveyed to the County of Nelson Virginia, a parcel of real property consisting of 4.828 acres, more fully described therein.

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.

Following approval of the Consent Agenda the Board discussed possible reasons why Amherst County was not joining the Solid Waste Services Authority noting there was some public opposition to expanding the landfill and ownership of it transferring to the Authority. Mr. Carter noted that the tipping fees that the participating localities would pay include an amount for post closure costs that would be held in escrow.

III.       Public Comments and Presentations

A.   Public Comments

Mr. Peter Perdue, MACCA Representative

Mr. Perdue noted attendance of a conference on Rural Poverty that focused on the adverse affects of pay day lending practices. He noted that MACCA is advocating that the Board of Supervisors pass a resolution similar to the one passed by the City of Staunton requesting that the General Assembly implement regulations to prevent exploitative payday lending practices in Virginia.

The Board briefly discussed some of the exploitative practices of payday lenders and no action was taken.

Raymond Uttaro, Emergency Services Coordinator

Mr. Uttaro noted to the Board that due to the severe local drought it would be in the County’s best interest to approve a Declaration of Local Emergency which would then enable the County to adopt an enforceable Ordinance related to the banning of open air burning. He noted that the request was actually made by Eddie Embrey of the Department of Forestry also in attendance. Mr. Embrey noted that normally localities wait for the Governor to declare the emergency, however he thought it should be done locally now due to the lack of available manpower to fight a major fire incident. He also stated that the Emergency declaration must be done followed by the adoption of the Ordinance to empower law enforcement. It was also noted that the weather forecast showed no rain for the next eight days, with cooler weather moving in which promotes higher levels of burning.

The Board discussed notifying the media and tourists, allowing a grace period, adding provisions for smokers to be careful in the Ordinance, and the preferred perimeter distance around allowable burns. The impact on local activities, specifically the FFA Apple butter festival and the use of grills for the Rockfish Valley Fire Dept. Steak Dinner were briefly discussed.

Mr. Payne noted that the Ordinance would be good for sixty (60) days unless re-enacted after a formal public hearing process or would terminate if the emergency was declared over. He also stated that any declaration by the Governor would supersede the local declaration.

The consensus of the Board was to re-address the issue at the night session, giving the County Attorney time to incorporate specifics discussed into the Ordinance; including a specific perimeter rule, pit-burning, debris burning, camp fires, open air burns, and uncontrolled environments.

B.   Presentation – JAUNT, Inc
Ms. Donna Shaunesey recognized Janice Jackson, the newly appointed Nelson Board Representative and gave the Board an update of JAUNT activities locally and in total. She noted that overall on-time performance has improved, the FY07 year ended under budget, and employee turnover was reduced. Nelson County highlights included agency recognition of Nelson County JAUNT employees and a small decrease noted in Nelson Co. service utilization possibly due to a decline in senior numbers. Agency highlights included: Non-profit created for funding purposes, new Buckingham County service, new strategic plan completed and a plan for increasing rural commuter-ship by 5%. In conclusion, she noted the desire to recruit one more Nelson County Board member.

C.   Presentation - Holiday Lake 4-H Educational Center, Inc.

Mr. Robert Saunders over-viewed the group’s request noting that the pitch was being made first to the three founding Counties of the Holiday Lake 4-H Educational Center. Inc., with the approach of the remaining fourteen Counties served by the Center to follow. He gave a brief history of the Center noting its founding in 1941. He then introduced Paul Saunders Sr.

Mr. Paul Saunders, Sr. thanked the Board and noted the important role that 4-H has had in his and his family’s lives and appealed to the County for help to perpetuate its history.

Jane Mays, South District School Board Member spoke about the benefits of 4-H Camp and the intent to affiliate with the SOLS which would also help children in school. She noted that the facilities at the Camp have been sacrificed for operations over the years.

In conclusion, Mr. Robert Saunders noted that a 4-H Camp cabin would be named for all those localities that make the one-time $10,000 donation.

In response to the Board’s questions it was noted that the 4-H Camp property is leased from the Forestry Department and a corporate private non-profit operates it, business donations are pursued with fifteen (15) full and twenty (20) half scholarships offered this year, and other camps are also in the process of setting up endowment funds. It was noted that this one will be managed by the Board of Directors with only the interest earnings being spent.

The Board discussed funding the request in this fiscal year or next and suggested they lobby elected officials in Richmond for funding also. The logistics of maximizing camper participation was also discussed.

In conclusion of this item, the Board agreed by consensus to re-consider it during the evening session.

D.   Presentation – Nelson Co. Sheriff’s Dept. LEOS Benefits

Mr. John Dixon, Captain of the Sheriff’s Dept. over-viewed the VRS option of increasing the LEOS retirement benefit multiplier from 1.70 to 1.85. He noted that several surrounding localities have already adopted the increase making it a competition factor in recruiting and retaining employees. He noted that the increase does not apply to non-hazardous duty positions or Animal Control Officers. He stated that the increase affects survival and disability benefits and would make a $180 per month difference in retirement benefits for him. It was noted that the LEOS benefits were first implemented as a result of the efforts of the Virginia Sheriff’s Association.

The Board agreed by consensus to re-consider this item during the evening session.

E.   Presentation – NC Branding Committee Report

Ms. Yvette Stafford of the NC Branding Committee spoke in favor of moving ahead with approval to implement the NC Branding Campaign. She noted the process the Committee has gone through to “tweak” the materials previously presented, noting the survey of residents and local businesses found a consensus to move forward. She noted moving ahead would impact the Tourism design process benefiting local businesses. She acknowledged the opposition to using the phrase “Due Nelson” and noted that it would not have to be used. She also noted that typically a branding re-design can be very expensive and that the County got a deal for what little money was spent. She noted that from a taxpayer’s perspective, the money has been spent and her personal opinion is to move forward.

The Board discussed the potential to use multiple designs and not being locked into a certain logo. They also noted their confidence in the Tourism Director’s ability to use the materials wisely and noted favorably the use of Community input. It was noted that “Due Nelson” may not be appropriate to use on the County’s website.

The Board agreed by consensus to re-consider this item during the evening session.

F.   Presentation – RVCC Lease Extension

Prior to the presentation, Mr. Carter noted that Mr. Bolt would report later in the session on the status of all of the Community Center buildings.

Ms. Sarah Jane Stewart, President of the RVCC Board requested that the Board consider transferring the Community Center building and 10 acres of land to RVCC. She stated that conveyance of the property to them would enhance their ability to get grants, tax credits, foundation gifts etc. She noted that the building would be maintained as a Community Center. She noted to the Board that their Total Assets have increased and the new water system is in place and functioning. Operationally, she stated that there are ten (10) tenants with viable programs and noted the location of a dental clinic trailer on site. She noted that the building and boiler system is aging and hefty improvements require a lot of money. In closing she presented a layout of the re-design concept for the building and surrounding fields for the Board’s consideration.

The Board commended the Community Center for its activities and the improvements made, however agreed by consensus to re-consider this item during the evening session.

G.   VDOT Report

Mr. Carter noted that Mr. Wright could not be in attendance and there would not be a formal VDOT report; however he mentioned an upcoming VDOT meeting on the Six Year Primary Road priorities that he would be attending in Lynchburg on October 29th. The Board briefly discussed the necessity of an adjourned meeting to consider these priorities but no consensus was reached to do so.

IV.       Unfinished Business

A.   Endorsement of 2008 Legislative Priorities (R2007-092)

Mr. David Blount, Legislative Liaison reiterated that CSA was the number one priority and that a statement supporting broadening the authority to assess impact fees had been added to priority number three. Also included in the statements of concerns were Broadband and Public Safety training issues that were mentioned by the Board as concerns. It was noted that the Counties of Louisa, Fluvanna and Albemarle had given their approval.

Mr. Harris made a motion to approve Resolution R2007-092 and Ms. Brennan seconded the motion. 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-R2007-092
NELSON COUNTY BOARD OF SUPERVISORS
APPROVAL OF 2008 THOMAS JEFFERSON PLANNING DISTRICT LEGISLATIVE PROGRAM

RESOLVED, by the Nelson County Board of Supervisors that the 2008 Thomas Jefferson Planning District Legislative Program be and hereby is approved by said governing body with the legislative program to serve as the basis of legislative positions and priorities of the member localities of the Thomas Jefferson Planning District Commission for the 2008 Session of the Virginia General Assembly, with amendments presented by Mr. Blount on October 9, 2007 as well as incorporation of the recommendations put forth by the Board as applicable.

B.   Wintergreen Economic Stimulus Grant

This item was deferred until Wintergreen representatives were present.

C.   Authorization to Execute Piney River III Services Agreement with NCSA (R2007-093)

This item was deferred until Tim Costillo of the NCSA was present.

V.   New Business

A.   Authorization for Public Hearing, Proposed Amendment to NC Code – Elderly & Disabled Tax Relief (R2007-094)

Mr. Carter introduced this item noting that the request to amend the Ordinance had come from Jean Payne the Commissioner of Revenue via her letter to the Board. He noted that the proposed draft Ordinance uses her recommendations.

Ms. Payne noted her request to increase the maximum household income from $20,000 to $50,000 also increasing the exemption for each relative who is not a spouse of the home owner from $3,000 to $6,000. The proposed net worth maximum would increase from $50,000 to $100,000. Mr. Carter also noted that the proposed table (matrix) used by the Commissioner’s Office to determine the pro-rated percentage of tax exemption was included at the recommendation of the County Attorney.

Ms. Payne noted the difficulty in predicting the fiscal impact that these adjustments may have and also stated that she had not requested to increase the 1 acre exemption limit which has a State Code maximum of 10 acres. It was noted that because the application period is January-March, the Board must make this decision prior to knowing what the re-assessment will be.

Mr. Carter noted it would be possible to study further, have the public hearing in December and take action before the end of the year. The consensus of the Board was to proceed with the public hearing in November.

Ms. Brennan made a motion to approve R2007-094 Resolution authorizing a public hearing to amend and re-enact Chapter 11, Taxation, Article II, Div.2 Exemptions for Elderly and Handicapped, of the Code of Nelson County. 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 approved:

RESOLUTION R2007-094
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION AUTHORIZING A PUBLIC HEARING TO AMEND AND RE-ENACT CHAPTER 11, TAXATION, ARTICLE II, DIV. 2. EXEMPTIONS FOR ELDERLY AND HANDICAPPED, OF THE CODE OF NELSON COUNTY

WHEREAS, pursuant to §58.1-3211 et seq. of the Code of Virginia (1950 as amended), and in anticipation of the real estate re-assessment effective for 2008, the Commissioner of Revenue has requested that the local income and net worth thresholds used in determining tax relief for the elderly and disabled be amended for the 2008 tax year as follows:

An increase in the maximum household income from $20,000 to $50,000 with the income exemption for each relative in the household who is not a spouse of the home owner increasing from $3,000 to $6,000 and an increase of the net worth threshold from $50,000 to $100,000, and;

WHEREAS, changes to said income, net worth and exemption thresholds require an amendment to the Code of Nelson County, Virginia, and;

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

THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby authorize the advertisement of a public hearing on proposed Amendments to and Re-enactment of Chapter 11, Taxation, Article II, Div. 2. Exemptions for Elderly and Handicapped, of the Code of the County of Nelson, Virginia; pursuant to Sections 15.2-1426, 15.2-1427, and 58.1-3211 of the Code of Virginia (1950, as amended) as requested by the Commissioner of Revenue and denoted herein.

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

The Board returned to Agenda Item IV. B. Wintergreen Economic Stimulus Grant and the Chair recognized Mr. Bob Ashton, President of Wintergreen.

Mr. Ashton noted that Wintergreen was undertaking serious discussions with potential partners on their hotel project and the Economic Stimulus Grant was an important piece of the negotiating for investors. He noted that they were hopeful to have it finalized by the November meeting.

The Board noted that Wintergreen’s revised 10 year projections have been sent to the EDA, but that they have not had a chance to review them and provide comment. Mr. Carter noted the process to be that the Board will receive a recommendation from the EDA on their position on the proposal.   Mr. Ashton noted he is requesting that the EDA and the Board move forward with what’s been started. It was also noted by the Board that the new proposal differs from what was previously negotiated, with the primary difference being an extended grant period. Mr. Payne noted other changes including a 100% rebate on the Transient Occupancy Tax beginning with the execution of the Agreement aside from the grant period beginning with the opening of the new hotel and the addition of Crawford’s Knob to the “hotel” definition.

In relation to the extended grant period from 54 months to 66 months, Mr. Ashton stated that construction costs have increased five to eight percent in the last year. The Board then discussed the effective date of the Agreement, including the potential land transfer referred to in the current draft.

The Board discussed their desire to have a document for review that showed the original proposed terms and the proposed changes for comparative purposes, which would then be distributed to the EDA and the Board for review at a possible work session. Mr. Carter and Mr. Payne noted that they would set up a joint work session for the Board and the EDA in the next two weeks and provide the requested document to be reviewed.

In conclusion, Mr. Ashton noted that they were currently working on securing development partners and the best case scenario would have the hotel opening in late fall of 2009.

The Board returned to Agenda Item IV. C. Authorization to Execute Piney River III Services Agreement with NCSA, noting the presence of Mr. Tim Costillo.

Mr. Carter noted having worked out an Agreement with the Service Authority to provide operations and maintenance, including metering and billing services for the Piney River III water and wastewater system. He noted a per thousand gallon rate for operations and maintenance was established which included inspections and a flat rate for billing services. He noted the agreement provides for an annual reconciliation of estimated with actual costs and subsequent adjustment of the rates as well as satisfying Rural Development requirements for a 38 year term. He noted that to his knowledge Mr. Costillo was comfortable with the terms of the Agreement and supports its approval.

Mr. Payne added that billing costs had been determined on a time and materials basis and economies of scale should provide for an eventual decrease in rates.

Mr. Costillo noted that the Service Authority Board was reviewing the Agreement now and that most of their previous concerns had been addressed such that their costs were covered and the County was not being overcharged. He noted his intention to suggest approval to his Board.

Mr. Harris made a motion to approve R2007-093 Authorization to Execute Piney River III Services Agreement with Nelson County Service Authority and Mr. Harvey seconded the motion. It was noted that the project would be phased simultaneously and up and running in approximately one year. 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-R2007-093
NELSON COUNTY BOARD OF SUPERVISORS
AUTHORIZATION TO EXECUTE PINEY RIVER III SERVICES AGREEMENT WITH NELSON COUNTY SERVICE AUTHORITY

WHEREAS, the Board of Supervisors on September 11, 2007 adopted Resolutions R2007-079 and R2007-080 authorizing the issuance of Piney River III Water and Sewer Revenue Bonds to USDA – Rural Development in order to finance the construction of the water and sewer system known as Piney River III; providing water and sewer services in the communities of Henderson’s Store and Piney River, and;

WHEREAS, the utilization of USDA-Rural Development financing requires the County to enter into an agreement for the provision of operations and maintenance services to ensure the ongoing vitality of the Piney River III water and sewer system,

NOW THEREFORE BE IT RESOLVED, by the Nelson County Board of Supervisors that Stephen A. Carter, County Administrator, is authorized to execute an agreement with the Nelson County Service Authority for the provision of said operations and maintenance of the Piney River III water and sewer system.

In conclusion, it was noted that Rural Development must approve all of the contracts before construction can start.

Additionally, Mr. Costillo noted the current water restrictions in place and that the Wintergreen storage capacity was at 45% the previous week, the Black Creek reservoir was down, some wells have dried up, and water production was down dramatically.

The Board took a short break from 4:25 pm to 4:38 pm and resumed the order of the Agenda at item V.

B.   Six Year Priorities for Primary Roads

The Board discussed the upcoming statewide public hearings on this subject; noting Kevin Wright’s recommendations following the heightened awareness of safety concerns along Route 151.

The Board expressed some concern about changing the current priorities, however noted that the Commonwealth Transportation Board should recognize that changing circumstances can warrant a change in priorities. It was discussed that in addition to adding the 151/635 intersection turn-lanes to the Primary Road priorities, perhaps it should be added to the Secondary Road priorities as well. The Board agreed by consensus with this recommendation and it was determined that a formal vote was necessary.

Mr. Harvey made a motion to adopt the current Six Year Primary Road Priorities plan placing the Route 635/ Route 151 East intersection below the Liberty station (Ashley’s Market) as the first priority and shifting the remaining items down one on the list to positions 2-10. Mr. Harris seconded the motion and Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the Six Year Primary Road Priorities as amended.

In conclusion, the Board discussed the site plan at Ashley’s Market and ensuring that the required arrows and signs that were in the plan are in place on site; directing staff to work with the property owner to ensure compliance.

VI.   Reports, Appointments, Correspondence, and Directives

A.   Reports
1.   Staff Reports

a.   Mark Bolt, Community Center Assessments
Mr. Bolt noted the request by the Board to do the Community Center assessments noting that he had walked through each Center with their representatives. He noted that only two of the Centers, Gladstone and the Heritage Center meet their use group designation according to the Uniform Building Code (UBC); which he noted to be A3 – Assembly Use. He explained the need for fire separation every 6,000 square ft in this use group in order to contain a fire in that area. He noted that when a change in use occurs or a mixed use situation exists, you must adhere to the requirements of the most restrictive use for fire separation, egress, and egress lighting. He noted that in most cases the egress/emergency lighting was not up to par. He then briefed the Board on his findings for each Center noting the estimated cost to bring the building up to code if applicable and a total cost for major repairs as follows:

Massies Mill: $207,080 & $1,242,480 total, Heritage Center: $4,370,000 total, Schuyler: $640,000 total, Fleetwood: $1,700,340 total, Rockfish: $426,000 & $2,556,000 total, and Gladstone: No estimate given, currently meets use group code requirements.

Specific problems discussed were the presence of moldy walls and peeling up floors at Massies Mill due to a leaky roof, cracks and separation in the brick walls of the Heritage Center, and electrocution hazards noted at the Gladstone Center. Mr. Bolt advised against fixing the Heritage Center roof until an engineer can further evaluate the integrity of the building. He noted the presence of the apparent explosion of some blocks in the old classroom section and noted the worst separation in the brick walls, which appear to have moved left, right and out in the gym area. The Board discussed the financial burden of fixing the buildings and the unlikelihood that the Community Centers would be able to afford the necessary improvements.

Mr. Carter noted that he planned to send copies of the reports to each Center and enquire as to their plan of action in addressing the findings. In relation to the electrocution hazard at Gladstone he noted that the County could require them to fix things if there for a building inspection but otherwise could not require it be remedied. He also noted that none of the Centers were well-placed financially.

In conclusion, the Board discussed having a work session with the Community Centers to discuss their status after receiving responses regarding their plan of action to address the assessment findings.

2.   County Administrator’s Report

The County Administrator gave the following report:

1. Courthouse/Government Center Project – Wiley and Wilson is working towards completion of the project’s schematic phase, which is expected on or before 11-15-07. Input from the Circuit Court is anticipated, which may result in revision of the project’s scope.

2. Piney River 3 Project: Notices of award and contract documents have been forwarded to each of the (three) companies that submitted the low bid proposals for completion of the project’s three construction phases. A meeting was conducted with USDA-RD and VA-DEQ staff on 10-3 to discuss closing on the project’s loan and grant funding. Once contract documents are received by the County from the three construction firms they will be forwarded to Rural Development for review and approval. Thereafter, the County can issue Notices to Proceed with construction and also schedule closing on the financing from RD.

3. Solid Waste Project: A. Collection Centers Project: A pre-construction meeting was conducted on 10-2 with Robertson Construction Company for the Shipman site. A notice of award and contract documents were mailed to the firm on 10-2. Upon return and review of the contract the County will execute the contract and issue its Notice to Proceed. The pre-construction conference with Saunders Construction Company, Inc. will be conducted on 10-9 (a.m.). Thereafter, the County will proceed as it has done with Robertson (as described herein).

B. Region 2000 Services Authority: Amherst County has decided not to authorize and become a member of the regional solid waste authority. This decision will be addressed by each of the member localities through a resolution authorizing the removal of Amherst from the previously approved authority documents (Nelson on 10-9).

C. Waste Management: Staff met on 9-26 with representatives of Waste Management to re-negotiate the current services agreement. Waste Management requested provision by the County of a minimum of five months of continued service, separate billing (as a pass through) of landfill transportation costs and a fuel surcharge clause. The County requested the ability to extend WM’s service for one year with the option to end the company’s services with thirty (30) days notice. Waste Management agreed to draft a contract addendum on these matters which is pending receipt.

D. Environmental Management: VA-DEQ has approved a sixty day extension for locating and installing a sentinel well for the County’s ground water monitoring program. The Department has also acknowledged that the County may not be able to meet this requirement due to site constraints and required approvals from Norfolk Southern Railway for an off-site location.   VA-DEQ is also completing its review of the County’s application to conclude its gas monitoring program. Approval is anticipated.

E. Solid Waste Decals: The 2008 decals will be included in the second half 2008 real and personal property tax billings. A change in location, per input from the VA State Police, has been instituted. The decals will remain in effect for all of 08.

Mr. Carter noted the appropriate decal location to be in the blind spot in front of the rear-view mirror.

4. FY 06-07 Audit: Work on the 06-07 audit report by Robinson Farmer Cox is in process. New audit requirements have added substantially more accounting responsibilities to County staff and the Treasurer’s Office.

5. 2008 General Re-Assessment: Wingate and Associates will certify the 08 General Re-Assessment to the Board of Supervisors by 12-31-07. Appointment of the Board of Equalization is currently being scheduled.

6. Blue Ridge Railway and Tunnel Projects: Construction of the BRRT is in process and proceeding very well. Whitesell Group will submit a Transportation Enhancement Program grant application to VDOT on the BRT by the Oct-Nov 07 due date. Staff is working to complete establishment of a 501-c-3 non-profit organization to serve as a funding mechanism for the BRT. It is anticipated that additional property acquisitions will be initiated in the very near future.

7. Community Center Assessments: The report(s) on the evaluation of each community center is scheduled for presentation to the Board on 10-9.

8. BOS Retreat: Planning is in process for an annual Board retreat.

The Board enquired as to DEQ’s correspondence regarding the groundwater monitoring with Mr. Carter noting that within 18 months the County can apply to stop the monitoring.

In discussing the Solid Waste Convenience Center construction project, Mr. Carter noted a proposed change resulting from the pre-construction meeting with Saunders Construction. Mr. Saunders proposed to raise the site by one foot for an $18,000 deduct which would require Wiley & Wilson to re-do the E&S and grading plans for a cost of $9,000 and would cause a three week delay. Mr. Hale noted that removal of the asphalt specifications could save some money and time.

Following discussion, the consensus of the Board was to not eliminate the paving, build both the Massies Mill and Shipman sites as specified and move on.

The Chairman noted the re-entry of Mr. Payne and Mr. Embrey who were recognized to re-introduce the draft Emergency burn-ban Ordinance.

Mr. Payne noted to the Board the proposed definition of open burning included in the draft Ordinance, which met the Board’s approval.

Mr. Harvey made a motion to approve the resolution as presented adopting an Emergency Ordinance to ban open burning in Nelson County. Ms. Brennan seconded the motion and Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolution was adopted:

RESOLUTION FOR AN EMERGENCY ORDINANCE
WHEREAS, the Board of Supervisors for Nelson County have this day declared
that a local emergency exists due to the extreme drought affecting the County,
WHEREAS, pursuant to the authority granted in Virginia Code Section 15.2-
922.1, the Board may by ordinance regulate or prohibit the making of fires in streets,
alleys, and other public places, and in a declared emergency regulate the making of fires
on private property; and
WHEREAS. an emergency ordinance may be adopted pursuant to Virginia Code
Section 15.2-1427;
NOW, THEREFORE, be it RESOLVED that the following emergency ordinance
is adopted and designated as Section 8-2 of the Code of Nelson County.
   1.    For so long as the declaration of emergency shall be in effect, no person
shall either cause or permit open burning (a) in any street, alley, or other public place or
(b) on private property. "Open Burning" means the burning out of doors of trash, yard
debris, and construction materials, burning associated with agriculture and land clearing,
campfires, and other fires of a like nature. Open Burning shall not include the use of
grills or pits for food preparation where such a fire is constantly attended and more than
100 feet from forest land.
   2.    Any person violating this ordinance shall be guilty of a Class 1
misdemeanor. Each violation hereof shall constitute a separate offence, whether
committed on the same or subsequent days.

   3.    It shall be the duty of all authorized law enforcement officers to enforce the provisions of this ordinance.
This ordinance is effective upon enactment.
The County Administrator is directed to advertise this ordinance for re-adoption
in conformity with Virginia Code Section 15.2-1427.

Mr. Carter noted that the Board needed to consider the resolution declaring the local emergency.

Mr. Hale made a motion to adopt the Resolution for the Declaration of a Local Emergency as presented due to the extreme draught and the dangerous fire conditions in existence. Mr. Harris seconded the motion and Supervisors voted unanimously by voice vote to approve the motion and the following Resolution was adopted:

Resolution for the Declaration of a Local Emergency
WHEREAS, the Board of Supervisors of the County of Nelson does hereby find
that:

Due to extreme drought, the County of Nelson is facing dangerous fire conditions; and the extreme peril to life and property necessitates the proclamation of the existence of an emergency;
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that an emergency now exists through said County and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said emergency the powers, functions, and duties of the Director of Emergency Services and or his designee shall be those prescribed by State Law and the ordinances, resolutions, and approved plans of the County of Nelson in order to mitigate the effects of said emergency.

Mr. Payne noted to the Board that the order of adoption of the previous two items was inconsequential due to them being adopted concurrently and effective this day.

VII.   Recess and Reconvene for Evening Session
At 5:50 P.M., on a motion by Mr. Harvey, and seconded by Mr. Harris, Supervisors voted unanimously by voice vote to recess and reconvene for the evening session at 7:30 PM.

The remaining afternoon agenda items were considered during the evening session.
EVENING SESSION
7:30 p.m. – Nelson County Courthouse

I.   Call to Order

II.   Public Hearings

A.   Special Use Permit #2007-007 Rockfish Valley Fire Dept. Tax Map #7-A-9B.

Mr. Boger overviewed the application noting the petition for the SUP is to be able to install two 30,000 gallon propane storage tanks on the property of the Rockfish Valley Fire Department located in Afton. He noted that the tanks will be located approximately 125 feet from the edge of the highway at the northern end of the property and the area in front of the tanks would be screened from view and the storage tank area would be enclosed by a chain link fence.

Mr. Harvey representing the RVFD as Fire Chief addressed the Board on behalf of the Fire Department. He noted that the Department had been looking for ways to support itself and defray its expenses. He noted that to his knowledge one neighbor had questions about the application and that he had personally taken her some information to alleviate her concerns and had not heard any more from her.

There being no questions or comments for Mr. Harvey, the public hearing was opened. There being no persons wishing to be recognized, the public hearing was closed.

Mr. Boger noted the two conditions of approval made by the Planning Commission as follows:

1. The existing screening on the Western and Northern property lines be maintained and replaced
     if trees become diseased.

2. Any lighting for the site must be submitted to the Planning Office for review and approval.

Mr. Harris made a motion to approve Special Use Permit #2007-007 Rockfish Valley Fire Dept. Tax Map #7-A-9B including the two conditions as noted. Ms. Brennan seconded the motion and noted that this service at the northern end of the County could cut down on truck traffic on Route 151. There being no further discussion, Supervisors voted unanimously by roll call vote (4-0-1) with Mr. Harvey abstaining, to approve the motion and the Special Use Permit as presented.

III.   Other Business

B.   Rescheduling of November 2007 Regular Meeting (R2007-095)

The Board discussed alternate meeting dates, reaching a consensus of November 15th. Mr. Harvey moved to approve R2007-095 Rescheduling of the November 2007 Regular Meeting to an alternate date of November 15th. Mr. Harris seconded the motion and Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following Resolution was adopted:

RESOLUTION-R2007-095
NELSON COUNTY BOARD OF SUPERVISORS
RESCHEDULING OF NOVEMBER 2007 REGULAR MEETING

WHEREAS, the Nelson County Board of Supervisors hereby establishes that an alternate date for the Board’s regular monthly meeting on November 13, 2007 is necessary due to the attendance of the members of said governing body at the annual conference of the Virginia Association of Counties on November 10 through 13, 2007.

NOW THEREFORE BE IT RESOLVED, by the Nelson County Board of Supervisors pursuant to §15.2-1416 (Regular meetings) of the Code of Virginia that the regular meeting of the Board on November 13, 2007 be and hereby is rescheduled to November 15, 2007 with the place and time(s) of the meeting on November 15, 2007 to continue to be as established at the Board’s annual meeting in January 2007.

BE IT FURTHER RESOLVED, that the regular meetings of the Board of Supervisors after the meeting on November 15, 2007 shall be in accordance with the schedule of regular monthly meetings established by the Board at its annual meeting in January 2007, unless otherwise approved, and, that, the County Administrator shall post notice of the rescheduling of the Board’s November 2007 regular meeting in accordance with the requirements of §15.2-1416 of the Code of Virginia.

IV.   Public Comments

There were no persons wishing to be recognized.

The Board addressed the following items carried over from the afternoon session:

Correspondence

   1.   Nelson County Middle School FFA
   2.   Nelson County High School FFA

The Board considered both FFA requests concurrently, with Mr. Carter noting that $2,000 in    travel expenses related to the National competition in Indianapolis had been requested.

Mr. Harvey moved to approve $2,000 each for the Nelson Middle School FFA and the Nelson High School FFA. Ms. Brennan seconded the motion and Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the funding requests as noted.


   3.   Gladstone Senior Center

Mr. Bruguiere noted the correspondence from the Gladstone Senior Center requesting financial assistance to replace the air conditioner for a cost of $2,268.00.

The Board discussed the comments made by Kitty Lyle to Mark Bolt during the Center’s assessment regarding the Center’s finances being good with brief discussion about dealing with smaller requests such as this one. It was noted that this center may be one of the more viable ones in terms of continued operation. Looking at the Center’s previous year’s budget information was also suggested.

Following discussion, Mr. Harris made a motion to fund half of the requested amount for the air conditioner repairs. Mr. Hale seconded the motion and Supervisors voted (3-2) by roll call vote to approve the motion and half of the funding request in the amount of $1,134.00; with Mr. Bruguiere and Mr. Harvey voting No.

   4.   City of Staunton, Consumer Loan Cap

Mr. Bruguiere noted the letter from the City of Staunton requesting that the Board consider adopting an in-kind resolution that would urge the General Assembly to cap interest rates at 36% APR on consumer loans such as payday lenders and auto title loans.

The Board discussed that even though the Resolution would encourage the State Legislature to curtail exploitative payday lending practices, the issue was noted to be more of a State issue and not relevant locally due to the non-existence of payday lending establishments in the County. The overall sentiment was that the County shouldn’t get involved in the issue and no action was taken.

   5.   Jefferson-Madison Regional Library Expansion

Mr. Bruguiere noted the letter from the Library requesting approval to hire an architect to complete preliminary plans for expansion of the Library. It was noted in the letter that the costs for the PAR would be covered by grants from the Torn Land Fund and Friends of the Library.

The Board noted that although the cost of the planning stage is covered, the expansion would likely involve County funds.

Mr. Harris made a motion to authorize the Nelson County branch of the Jefferson Madison Regional Library to solicit an architect to perform preliminary architectural planning services for future expansion of the Library and Mr. Hale seconded the motion. The Board noted that the letter mentioned non-County funding sources to be solicited for the expansion, and Supervisors voted unanimously (5-0) by roll call vote to approve the motion.

Appointments (As May Be Presented)

Ms. McGarry noted that there were not appointments scheduled for consideration. Mr. Harris noted that he was resigning from the Highway Safety Committee, which to his knowledge had not met recently. The Board noted that the Committee does not meet regularly but is a State requirement and a replacement appointment would be made at the annual Organizational Meeting in January.

Board Reports

Mr. Hale:       Noted attendance of the Solid Waste Convenience Center pre-construction    conferences and correspondence written to a Faber property owner regarding    potential land purchase for the Faber/Schuyler Convenience Center site.

Ms. Brennan:   Noted that Fred Boger attended the TJPDC meeting, who noted the topic was    the legislative priorities and a presentation by Piedmont Housing Alliance.

Mr. Harris:   Noted that the Senior Advisory Committee met and discussed the goals and        objectives of the Committee to be submitted to the Board for review and            approval and asked the County Administrator to draft a Resolution for the next        meeting.

Mr. Harvey:   Noted a Route 151 meeting at RVCC at 7:30 pm on October 10th, noting            attendance by concerned citizens, himself as well as Ms. Brennan.

   Holiday Lake 4-H Educational Center

Mr. Bruguiere noted that this item was carried over from the afternoon session. The Board discussed funding the request out of this fiscal year’s budget rather than planning for it in FY09. Mr. Carter noted no problem with doing so, but that the monies may need to be appropriated in light of the consent agenda budget amendment for Detention Home services that depleted the Contingency. Mr. Bruguiere noted that a provision could be made to pay back the General Fund in next year’s budget.

Mr. Harvey moved to approve the funding request in this fiscal year of $10,000 for the 4-H Camp made in the afternoon session and Ms. Brennan seconded the motion. There was some concern expressed that funding the request may be more appropriate during the budget work session period. Mr. Carter noted no real fiscal concern with funding the request now versus waiting until next fiscal year. There being no further discussion the Chair called for the vote and Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the funding request. Mr. Bruguiere noted his hopes that they would lobby the State etc. as suggested in the afternoon session with the Board noting confidence in Mr. Gary Wood’s fiscal management and participation on their Board.

   Nelson County Sheriff’s Department LEOS Benefits

Mr. Carter clarified that the 2008 deadline noted in the VRS letter, was for those localities who had not already adopted the LEOS Benefits under the Virginia Retirement System. He also noted that adjusting the LEOS multiplier adjusts the rates based on all employees, not just those receiving the benefits (hazardous duty Sheriff’s Department employees). He noted as an example, if a person retired with an average final compensation salary of $43,000 at age 60 with 25 years of service an increased benefit of $1,544 per year would be realized. He stated that when the County elected to participate in the LEOS program in 1999 it increased the County’s share of the costs by approximately $64,000 and that increasing the multiplier now would increase the County’s costs by around $14,400 per year. He also stated that he had polled other localities in our planning districts with mixed results. The Board discussed that increasing the multiplier would make almost $180 per month difference in their retirement check per Captain Dixon and are deserving of the benefit.

Mr. Harvey moved to approve increasing the LEOS Retirement Benefit multiplier from 1.7 percent to 1.85 percent and authorize County staff to use the model Resolution provided by VRS inserting the necessary information for Nelson County. Ms. Brennan seconded the motion and Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolution was adopted:

R2007-096
NELSON COUNTY BOARD OF SUPERVISORS
POL. SUB. - SECTION 138 COVERED EMPLOYEES RETIREMENT MULTIPLIER OF 1.85%
WHEREAS, by resolution legally adopted and approved by the Board, Nelson County, a political subdivision, participates in the Virginia Retirement System under § 51.1-130 of the Code of Virginia, as amended; and
WHEREAS, by resolution or resolutions legally adopted and approved by the Board, Nelson County, has elected to provide the enhanced benefits described in § 51.1-138, subsection B to selected public safety employee groups, such benefits being referred to collectively as "Section 138 Coverage", and
WHEREAS, the Virginia General Assembly passed legislation effective July 1,2007, allowing Nelson County to elect to provide for its employees with Section 138 Coverage a retirement allowance equal to the amount of creditable service multiplied by 1.85 percent of average final compensation as provided in clause (1i) in subsection A (1) of § 51.1-206 (the "1.85 Multiplier");and
WHEREAS, Nelson County desires to make this irrevocable election and provide the 1.85 Multiplier to its employees that now have, or may in the future be given, Section 138 Coverage;
NOW, THEREFORE, IT IS RESOLVED, that Nelson County elects to establish the 1.85 Multiplier for all employees who are now, or who may be in the future, provided Section 138 Coverage; and it is further
RESOLVED, that Nelson County agrees to pay the employer cost for providing the 1.85 Multiplier to all employees who are now, or who may be in the future, provided Section 138 Coverage, pursuant to this irrevocable election; and it is further
RESOLVED that Stephen A. Carter, Nelson County Administrator and Clerk to the Board of   Supervisors is authorized and directed in the name of Nelson County to execute any required contract to carry out this irrevocable election, and to do any other thing, or things, incident and necessary in the lawful conclusion of this matter. The seal of Nelson County shall be affixed to any such contract and attested by the Clerk, and the Treasurer of Nelson County is authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as may be required to be paid by Nelson County or its employees for this purpose.

Nelson County Branding

The sentiment of the Board was that the Branding project should move forward. Mr. Carter noted that this would involve the Board’s endorsement of the project and its consent to use the Branding concepts and logos provided to the County. He noted concurrence with the Board’s comments noting the good work that has been put into the project incorporating the Board’s previous input and Ms. Corum would make it work to the best interest of the County. It was also noted that the County would have flexibility and not be stuck with one particular logo.

Ms. Brennan made a motion to embrace the Nelson County branding project and authorize Maureen Corum to utilize the Branding tools. Mr. Harris seconded the motion and Supervisors voted unanimously (5-0) by roll call vote to approve the motion.

RVCC Lease Extension

The overall sentiment of the Board was that more discussion was needed prior to any action being taken in regards to RVCC’s request. It was noted that the proposed boundary lines may need adjusting to accommodate the collection site and that more consideration be given to retaining a portion of the surrounding property. Mr. Carter noted that public hearings have been conducted previously on the disposal of the property should the Board decide to go that route. The Board discussed the possibility of conducting a work session to discuss their reaction and plan of action following Mr. Bolt’s assessment.

Mr. Harvey exited the meeting at 8:17 pm and re-entered at 8:20 pm.

The Board discussion then led back to the process of meeting with Mr. Payne, the EDA and Wintergreen regarding the economic stimulus grant agreement. Utilizing a committee or the full Board was discussed with the final consensus being that a called meeting would be held when it could be coordinated with Mr. Payne, Wintergreen, the full Board and the full EDA Board.

The Board discussed County expenditures thus far at RVCC and it was noted that other Community Centers had acquired their buildings for an amount equal to what the County expenses had been during the lease period and the issue of fairness was brought up. Addressing RVCC’s request was noted to be a priority over the other Centers right now.
In conclusion, Mr. Bruguiere suggested this be discussed at the called session with the Board preparing to give RVCC an answer at the November meeting and no action was taken.

Directives

Mr. Hale:

Mr. Hale discussed the current situation with Double-H Farm and noted concern about small local farmers being subjected to the same regulations as larger scale operations. He noted that the Board could possibly urge the General Assembly by letter to adjust these requirements to promote the thriving of smaller farming operations.

The Board briefly discussed current meat inspection requirements and the small farm in Nelson County, with no action being taken.

The Board then discussed establishing a welcome letter for new businesses with the potential for the EDA to establish a local business recognition program.

Ms. Brennan:

Ms. Brennan asked staff to find out if New Jersey can spread their own biosolids and asked for an update from Susan Rorrer on the recent UPS failure, with Mr. Carter noting the problem had been fixed.

In response to Ms. Brennan’s inquiry, Mr. Carter noted that an application had been submitted for Interoperability grant funds and there would be a meeting later in the month to prioritize the applications in the region. He noted the difficulty in obtaining these funds.

Mr. Harris:

Mr. Harris discussed the 14 lot subdivision off of Lobo Lane whose road has been built to State standards and needs to be added to the State Road system. The Board discussed the monitoring process that has to occur for VDOT to ensure that a road has been built to their standards. Mr. Harris noted that this had occurred and he had been advised that the Board would have to request that VDOT incorporate the road into their system. Mr. Boger noted that this particular road had been designed to State Standards and Mr. Carter noted that he would check with George Krieger regarding this issue and would follow up. It was noted that this request can be made at the next Board meeting.

Mr. Harvey:

Mr. Harvey noted that the Sheriff’s Department and State Police have stepped up speed enforcement on Route 151, noting a continued problem with speed in the school zone at Rockfish Elementary.

Mr. Bruguiere: No Report

V.   Adjournment

At 8:45 P.M., on a motion by Mr. Harris and seconded by Mr. Hale, Supervisors voted unanimously (5-0), to adjourn the meeting.