December 11, 2007
Virginia:
AT A REGULAR RESCHEDULED 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
Allison C. McGarry, CSA Coordinator
Gary L. Brantley, Sheriff
Debra K. McCann, Director of Finance and Human Resources
I. Call to Order
Mr. Bruguiere, Chair, called the meeting to order at 2:06 P.M. with all members present to establish a quorum.
A. Moment of Silence
B. Pledge of Allegiance
C. Flag Presentation â Hon. Virgil H. Goode, Jr.
The Honorable Virgil H. Goode, Jr. presented the Board with a flag that was flown over the U.S. Capital in honor of the Nelson County Bicentennial. Chairman Bruguiere noted appreciation for the Congressmanâs service to the County in providing $1 Million dollars in Federal funding for the Piney River Water and Sewer project.
D. Resolution R2007-108 Recognition of Bicentennial Committee
Ms. Brennan made a motion to approve resolution R2007-108, Resolution Recognizing the 2007 Nelson County Bicentennial Committee and Mr. Harris 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 R2007-108
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION RECOGNIZING THE 2007 NELSON COUNTY BICENTENNIAL COMMITTEE
WHEREAS, 2007 marked the 200th anniversary of the County of Nelson, an event that was commemorated throughout the year; and
WHEREAS, the committee conducted a logo contest for the official County bicentennial logo;
Placed 50 bicentennial banners in communities throughout the county; Placed 100 bicentennial posters in businesses and public buildings in the county with calendar/event signs changed monthly; Promoted bicentennial events through local media and the County website;
Distributed event signs to be used at official bicentennial events during the year (in ground â poster style); Worked with Saunders Brothers and Nelson County Maintenance department to place barrel planters in the village of Lovingston; Sold 125 commemorative coins; Is coordinating a fireworks display with Nelson County Booster Club on spring event; Promoted the traveling display of the Bicentennial Quilt that the Nelson County Quilters created and made; Worked with a local Girl Scout troop to create a bicentennial gold badge program; and
WHEREAS, as it celebrated its bicentennial, the County of Nelson can reflect with pride on its 200 years of history and look forward with anticipation to its bright future;
THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby recognize the 2007 Nelson County bicentennial committee members for their outstanding service throughout the year: Jean Payne - West District; Lisa Wooten - East District; Helen Driver - Central District; Jane Raup - South District; Ruby Swain - North District; Becky Howard - Historical Society; Emily Harper â Director of Nelson County Parks and Recreation; and Maureen Corum â Director of Nelson County Economic Development and Tourism.
Chairman Bruguiere presented the plaque to the members of the Bicentennial Committee in attendance and read the members names as included in the Resolution.
E. Resolution R2007-109 Recognition of Service (H. Harris)
Mr. Harvey made a motion to approve resolution R2007-109, Resolution Recognizing the Honorable Harry S. Harris â South District Supervisor 1998-2007 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 and read aloud:
RESOLUTION R2007-109
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION RECOGNIZING
THE HONORABLE HARRY S. HARRIS â SOUTH DISTRICT SUPERVISOR
1998-2007
WHEREAS, the Honorable Harry S. Harris, South District Supervisor of the Nelson County Board of Supervisors will retire on December 31, 2007 following ten years of distinguished and exemplary service in this capacity, to the citizens of Nelson County; and
WHEREAS, Mr. Harrisâs outstanding leadership and commitment to Nelson County were instrumental in the accomplishment of significant initiatives that will serve the community for generations to come; and
WHEREAS, examples of Mr. Harrisâs contributions to Nelson County include: service on the Nelson County School Board from 1980 to 1992, the Elementary School Construction and Secondary School Complex, Public School Bus and Maintenance Facility, E-911 Emergency Response System, Ryan School Apartments Project, Piney River Water and Sewer Project, Lovingston/Colleen Water/Sewer System, Colleen Business Park, Blue Ridge Railway and Blue Ridge Tunnel Projects, 2001 Re-Districting, Adding a fifth Board member, Establishment of the Nelson Center, Shipman Self-help Water Project, Childrenâs Dental Assistance Program, Nelson County Katrina Fund, Establishment of Lovingston & Schuyler Historic Districts, Nelson County Comprehensive Plan, Nelson County Zoning and Subdivision Ordinance Revision, Paid EMS Program, Nelson County Solid Waste Collection Project, New Department of Social Services Building, Emily Couric Memorial Highway, creation of the Region 2000 Solid Waste Services Authority, and the Nelson County Courthouse Complex Project â these being but a few of Mr. Harrisâs accomplishments; and
WHEREAS, the Honorable Harry S. Harris has devoted himself to the well being of Nelson County in all areas of local government with the education of the children of Nelson County and the betterment of the lives of itâs Seniors at the forefront of his work;
NOW, THEREFORE, BE IT RESOLVED, that we, the Nelson County Board of Supervisors wish to hereby recognize and thank the Honorable Harry S. Harris for all that he has done for Nelson County and to wish him well in all of his future endeavors.
The Chairman thanked Mr. Harris on behalf of the Board with Mr. Harris noting his thanks and appreciation.
F. Resolution R2007-110 Recognition of Service (G. Brantley)
Ms. Brennan made a motion to approve resolution R2007-110, Resolution Recognizing Sheriff Gary L. Brantley 1976-2007 and Mr. Harris 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 and read aloud:
RESOLUTION R2007-110
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION RECOGNIZING SHERIFF GARY L. BRANTLEY
1976-2007
WHEREAS, Gary L. Brantley, began his Law Enforcement career as a Virginia State Game Warden for Nelson County in 1976 and served in that capacity for six years; and
WHEREAS, in 1982 Sheriff Bill Harris hired Mr. Brantley as a Nelson County Road Deputy, assigning him to the Organized Drug Enforcement Task Force in Lynchburg, Virginia where he gained the knowledge and experience for his next assignment as the Countyâs D.A.R.E. Officer in 1988 also earning him the distinction of being voted Deputy of the Year by the veterans of the VFW; and
WHEREAS, his exemplary service and dedication earned him the promotion to Captain in 1994 under the leadership of Sheriff Ronald Wood, until his appointment to Sheriff by the Nelson County Circuit Court in December of 1999 and subsequent election to Office in November of 2000 and re-election in 2003, serving a total of eight years as Sheriff; and
WHEREAS, under his leadership the department has modernized its law enforcement methods, taking advantage of enhanced technology in the areas of drug enforcement and forensic science, promoted continuing education and training opportunities for staff, initiated the SALT TRIAD program installing over 150 personal emergency dialers in the homes of Nelson County seniors and has begun Project Lifesaver, offering a tracking system for citizens prone to wandering off;
NOW, THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby recognize, thank, and congratulate Gary L. Brantley, upon his retirement as Sheriff of Nelson County and for his 32 years of outstanding public service to the citizens of the County and the Region.
The Chairman presented the plaque to Sheriff Brantley thanking him for his service to the County, with Sheriff Brantley noting his thanks for the Boardâs support of the Sheriffâs Department over the years.
II. Consent Agenda
Item C. Budget Amendment was removed from the Consent Agenda and considered separately.
Mr. Hale made a motion to approve the Consent Agenda items A. and B. and Mr. Harris 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-R2007-111
NELSON COUNTY BOARD OF SUPERVISORS
APPROVAL OF MEETING MINUTES
(October 31, 2007)
RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Boardâs meetings conducted on October 31, 2007 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.
RESOLUTION-R2007-112
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
$390.62 Personal Property Wells Fargo Financial Leasing Inc.
800 Walnut Street-MAC F4030-074
Des Moines, IA 50309-4725
$257.59 Personal Property General Electric Capital Corp.
Property Tax Compliance
P.O. Box 1920
Danbury, CT 06813-1920
$4,157.65 Personal Property Porsche Leasing Limited 4343 Commerce Court
Lisle, IL 60532
C. Resolution â R2007-113 Budget Amendment
Mr. Carter referred to the second page of the Resolution, items I.& II. as follows:
I. The General Fund Appropriation includes $3,000 for court appointed attorney fees (General District Court). The Court Clerk request is attached. Also included is the appropriation of $10,000 for the Holiday Lake 4-H Educational Center Endowment fund. The funding for both of these requests is allocated from proceeds resulting from the sale of the Front Street property. An appropriation in the amount of $2,261 is also being requested for conference expenses (Commonwealth Attorneyâs Office). This request is funded by a grant from the Domestic Violence Victim Fund. Also included is the appropriation of $250,000 being transferred from the General Fund to the EMS Loan Fund. The decision to provide additional funding for the EMS Loan Fund was previously approved at the November 15th Board meeting.
II. The School Fund Appropriation includes $130,137.25 for additional awards from various federal programs. This is the net amount of additional revenues after reflecting several reductions. The request reflects a reduction of $97,027 relative to the Bright Lights After School Childcare program as this program is now being operated by the YMCA of Central Virginia rather than by the school system. A reduction is also reflected in the Carl Perkins federal award for vocational equipment. Please note that the complete request for supplemental appropriation as submitted by Shannon Irvin is attached. The balance of the request will be addressed in January. Additional information is also provided by copy of an email from Ms. Irvin.
Mr. Carter noted that school personnel have indicated that it is hard to project revenues from State and Federal sources until this time of year. He also noted that their request has been split to comply with the Code of Virginia that requires a public hearing if a budget appropriation exceeds 1% of the budget.
Mr. Harris made a motion to approve resolution R2007-113 Amendment of Fiscal Year 2007-2008 Budget and Ms. Brennan seconded the motion. Their being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolution was adopted:
RESOLUTION (R2007-113)
AMENDMENT OF FISCAL YEAR 2007-2008 BUDGET
NELSON COUNTY, VA
December 11, 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 (General Fund)
Amount Revenue Account Expenditure Account
$ 3,000.00 3-100-001502-0008 4-100-021020-3012
10,000.00 3-100-001502-0008 4-100-091030-5650
2,261.00 3-100-002404-0010 4-100-022010-5504
250,000.00 3-100-009999-0001 4-100-093100-0121
$265,261.00
II. Appropriation of Funds (School Fund)
Amount Revenue Account Expenditure Account
$ 150,434.39 3-205-003840-0357 4-205-061100-9301
(97,027.00) 3-205-001899-9917 4-205-061100-9301
9,198.75 3-205-003840-0010 4-205-061100-9301
1,734.95 3-205-002840-0011 4-205-061100-9301
9,241.65 3-205-003840-0243 4-205-061100-9301
1,758.33 3-205-003840-0365 4-205-061100-9301
415.08 3-205-003840-0186 4-205-061100-9301
231.26 3-205-003840-0298 4-205-061100-9301
38,589.37 3-205-003840-0358 4-205-061100-9301
19,388.51 3-205-003840-0173 4-205-061100-9301
(3,828.04) 3-205-003840-0048 4-205-061100-9301
$ 130,137.25
III. Public Comments and Presentations
A. Public Comments
1. Daphne Kirby, Faber
Ms. Kirby urged the Board to look at school funding carefully noting the decrease in the Composite Index means less money from the State for education. She endorsed funding to increase the number of school guidance counselors at the Nelson Middle School stating that she believed the Middle School to be out of compliance with the number of counselors required by the State.
2. John Halliday, Director of Jefferson Madison Regional Library
Mr. Halliday noted the staffing shortage at the Nelson Memorial Library due to insufficient funds to cover substitute hours for the rest of the year to maintain current library hours. He urged the Board to seriously consider the Library Advisory Committeeâs previous request for funds.
3. Tanith Knight, Manager of the Nelson Memorial Library
Ms. Knight noted that historically, Regional funding requirements are funded first and the left-over funding goes to the local library. She urged the Board to consider the Library Advisory Committeeâs funding request.
4. Gail Troy, Nelson County Library Advisory Committee
Ms. Troy urged the Board to consider the Library Advisory Committeeâs funding request.
The Board concluded public comments with no action being taken.
The consensus of the Board was to consider item C. before item B. of the Agenda.
B. VDOT Report â Kevin Wright
Mr. Wright reminded the Board the need to set up a public hearing on the secondary six year plan; letting him know when it will be. He also noted progress on the Rt. 151 issues, reporting that work group has had two (2) meetings thus far and has developed a list of suggested improvements with the following three (3) things being enacted:
⢠Temporary radar trailers have been set up along Rt. 151 with positive results so far
⢠Speed enforcement has been increased by local Deputies and State Police
⢠Speed limit has been reduced to 45 mph in a 2 ½ mile stretch of 151 just South of Rt. 6 to just North of Rt. 784 (Blandwade Lane)
He noted that the study group in Lynchburg will be reviewing the work groupâs list and analyzing each suggestion. He stated that they have applied for funds for the turn lane at Rt. 635 and the flashing lights at Rt. 6.; noting that the physical road changes may take a while to accumulate the funds, do the engineering, and start construction.
The Board discussed placement of the 45 mph signs with Mr. Wright noting that State guidelines call for a sign every 2 miles.
Mr. Bruguiere requested that Mr. Wright let the County Administrator and other Board members know what is going on with the work group and any improvements so that they can better answer any questions.
Mr. Harvey reported that some State grant opportunities are available to purchase radar trailers that can be used throughout the County and also a center-line rumbler program whereby rumble strips are being installed on the center line as well as the side lines to prevent crossing over.
The Board also discussed the fact that the actual traffic count on Rt. 151 has decreased over the years with Mr. Wright noting that once a road reaches capacity it is typical that travelers begin using alternate routes and traffic counts will decrease. Also noted was the $2.6 million dollar preliminary estimate to fix the Rhodes Farm and Lodebar intersection. The Board discussed fixing the Berry-Hill road at Rt. 151 while using rural rustic funds to surface treat it in the spring. Mr. Wright noted that these issues should be discussed during the secondary road priorities workshop after the public hearing.
Other road issues discussed were:
1. Stop signs leaning over at intersection of Rt. 617 and Rt. 639 (Laurel Rd.)
2. South approach to Rockfish River bridge sign is down
3. 1 out of 4 chevrons left on southern end of Rockfish River going North on Rt. 639
Mr. Wright noted that there are currently two (2) people posting signs in all of Nelson and Amherst Counties and when time permits they patrol looking for downed signs Mr. Harvey noted that they are very responsive to phone calls
4. Noted Rt. 617 stop sign was put up quickly
5. Shrubs on the bank need pruning back at Buck Creek Lane looking North
6. Rt. 56 West and Rt. 29 intersection needs a stop-ahead sign or rumble strips; Mr. Wright checking into this
7. Check on moving the stop sign back and putting in a stop bar at Rt. 151 and Tanyard Rd in Roseland area near the new convenience center (at the Y intersection)
8. Move stop bar forward at Rockfish School Lane due to lack of sight distance
Mr. Harris noted his thanks to Mr. Wright for his cooperation and hard work during his time on the Board and the Board briefly discussed the slow work on the Rt. 6 bridges with Mr. Wright noting VDOT is doing everything they can contractually to ensure their completion.
C. Region Ten â Director Robert Johnson
Mr. Robert Johnson, Director of Region Ten Community Services Board introduced himself and distributed the latest Region Ten brochure to the Board. He praised the Nelson County staff and gave various statistics on mental retardation and mental health issues. He noted the new 10,000 square foot building going up next to Horizon House in Lovingston, with a planned ground breaking in January 2008. He stated that Region Ten was undergoing a paradigm shift in service delivery and is taking a person-centered approach focusing on the concept of recovery- that people are getting better. He noted that there is evidence that consumers of their services are becoming more productive citizens. He also described a one-stop model where they are working more closely with schools and similar providers of services; locating themselves in close proximity to maximize usage of services. He noted reorganization at the Community Services Board level, developing partnerships with the Community to meet the growing demand for services. In conclusion, he thanked the Board for its continued support.
IV. Unfinished Business
A. Wintergreen Economic Stimulus Grant
Mr. Carter introduced this item and deferred to the County Attorney to review the particulars of the newest draft Economic Stimulus Grant agreement.
Mr. Payne, County Attorney, noted having met with County staff and Rob Sullivan Vice President and CFO of Wintergreen to work through the eleven (11) items of concern that the County and EDA had put forth previously. He noted that any reference to the Transient Occupancy Tax had been removed and the work group settled on two (2) primary changes: one being the addition of a termination date and the other being the addition of a more definitive project description as provided by Mr. Sullivan. He also noted the retention of the extended rebate period within the agreement that was not discussed as a point of concern.
Mr. Payne noted that Wintergreenâs suggestions included small changes to the project description to include language that related that the project was subject to final planning and preliminarily consists of the project as described. Mr. Payne noted that using this language would be more of a statement of what is being considered and not the final plan; leaving it open-ended.
Mr. Bob Ashton, President of Wintergreen addressed the Board noting that the project description language was suggested because the scope of the project wonât be finalized until an investment partner is identified.
Language pertaining to Crawfordâs Knob was discussed with Mr. Payne noting it was evaluated and noted to be relevant for inclusion in the agreement. He stated that it is included to cover the period of time between conveyance of the land and the granting of the easement; maintaining its tax neutrality. Crawfordâs Knobâs development was also discussed with Mr. Payne noting that the potential of its development (the existing development rights) is what creates the value that generates the tax credits. When questioned about the intention to develop Crawfordâs Knob, Mr. Ashton stated that it is their desire for it to remain undeveloped.
The start of the Grant period was discussed with Mr. Payne noting that confusing language with regards to this had been removed with the concept that the land transfer will occur first, with the rebate starting during construction and continuing for 30 months after opening. Mr. Ashton noted that this would provide some relief during the occupancy stabilization period. Mr. Payne noted that the termination clause protects the County if the Hotel doesnât open after the land is transferred.
Mr. Payne reiterated not being comfortable with the open-endedness of the project description and Ms. Brennan expressed reservations over uncertainty about Crawfordâs Knobâs development.
Mr. Payne also noted that the sliding scale scenario was not pursued as it does not create much incentive either way since the figures given were estimates based on the preliminary plan and implementation would punish Wintergreen if revenues were down, compounding a declining financial position. Mr. Carter noted it could work in the reverse, monies could be rebated back to the County should revenues exceed the projections.
In further discussing the vague commitment in the project description as less than desirable, Mr. Payne noted that in his opinion, the recitals are non-binding and suggested that the Board approve the agreement as to form subject to receipt of the final plan â if the Board agrees in principle with the rebate. He noted that the process is the Board recommends approval to the EDA with the EDA entering into the agreement.
The Boardâs consensus was approval of Mr. Payneâs revised agreement with some minor wording changes in the project description to say âsituated on approximately two acresâ rather than âon no less than two acresâ and the removal of the sentence âAn additional 5,000 square feet of retail store space will be added outside of the Hotel Propertyâ since it is not part of the hotel footprint. Mr. Hale reiterated the desire to see a final plan (scope of the project) at some point.
Ultimately, the Board and Mr. Payne agreed that using âapproximatelyâ in the project description conveys the intended project allowing flexibility for slight variation in the final scope.
There was some suggestion to delay a decision for another month with Mr. Harvey noting that as of now the County is not receiving any real estate tax revenue on WPI property, there is potential in the future to receive substantial tax revenues, the County would not be giving anything away and the rebates that would be given will not exist if the project doesnât happen. He stated he saw tremendous potential for the taxpayers of the County.
In conclusion, Ms. Brennan made a motion to recommend passage of the Economic Stimulus Grant agreement to the Economic Development Authority for approval with the changes as noted above. Mr. Harvey seconded the motion and Mr. Payne noted that he is comfortable with the document with the proposed changes. Prior to the vote, Mr. Hale noted concurring with Mr. Harvey in that the reason for pursuing the agreement is it is an opportunity to realize a revenue stream at no cost to the County and not endorsing the agreement might jeopardize the opportunity for substantial revenues for the taxpayers.
There being no further discussion, Supervisors voted (4-1) by roll call vote with Mr. Bruguiere voting No, to approve the motion recommending the ESG agreement to the EDA as follows:
COUNTY OF NELSON ECONOMIC STIMULUS GRANT
THIS AGREEMENT made as of this ____ day of , 2007, by and
between THE ECONOMIC DEVELOPMENT AUTHORITY OF NELSON COUNTY (the "EDA") and WINTERGREEN PARTNERS, INC., a Corporation ("WPI"), and WINTERGREEN HOSPITALITY PARTNERS, LLC, a Virginia Limited Liability Company ("WHP").
RECITALS:
WHEREAS, the County of Nelson, through the EDA, seeks to promote industry and develop trade by inducing manufacturing, industrial, governmental, nonprofit and commercial enterprises to locate in or remain in this county, and, to increase employment, local tax receipts, and the patronage of existing businesses and industries;
WHEREAS, WPI, and its subsidiary, WHP, are pursuing a capital improvements program for the expansion of the Wintergreen resort facilities which may include, among others, a hotel or complete or partial hotel condominium, a convention center, and a retail enterprise through the investment of an approximate sum of ninety-five million dollars;
WHEREAS, it is anticipated that title to the majority of the foregoing improvements will stand initially in the name of WHP.
WHEREAS, the capital improvement program also involves the transfer of approximately 1400 acres of land (commonly known as Crawford's Knob) from WPI to WHP and either the subsequent grant of a conservation easement or the imposition of nature heritage preserve restrictions (collectively, the "Land Use Limitations") by WHP over such land;
WHEREAS, the EDA has agreed to an economic stimulus grant to WPI and WHP equal to a percentage of new tax revenues generated by the expansion as set forth in this Agreement;
WHEREAS, WPI and WHP have agreed to pursue completion of the expansion with all due speed, and to ensure that certain of the improvements remains fully subject to local taxation; and,
WHEREAS, the EDA finds that the provisions of this Agreement and the commitments herein will expand available positions of employment, enhance the competitiveness of the Wintergreen resort, increase the County's tax base and tax revenue receipts, and benefit the existing retail and tourism industries, all of which promote the safety, health, welfare, convenience and prosperity of the citizens of Nelson County.
AGREEMENT:
NOW, THEREFORE, the EDA and WPI and WHP agree as follows:
1. Definitions.
(a) "Board" shall mean the Nelson County Board of Supervisors.
(b) "County" shall mean the County of Nelson, Virginia.
(c) "Hotel Property" shall mean all of that new construction comprising
the projected hotel or complete or partial hotel condominium and conference center, together with retail store spaces, restaurants and other co-located facilities which are a part thereof, and the real estate upon which the foregoing is situated as well as the real estate transferred to WHP by WPI over which WHP will impose the Land Use Limitations.
(d) "Land Transfer" shall mean the date on which WPI transfers to WHP
the real estate on which the hotel improvements will be constructed and the real estate over which WHP will impose the Land Use Limitations.
(e) "New Tax Revenues" shall mean those local real estate and
personal property taxes generated by the Hotel Property and paid to the County.
(f) "Opening" shall mean that date when any portion of the Hotel
Property begins transacting business, provided, however, if a complete or partial hotel condominium will be developed, any activities (such as marketing or entering into binding or nonbinding hotel condominium unit purchase agreements) which occur prior to the closing of any hotel condominium unit sale shall not be deemed transacting business for purposes of this Agreement.
(g) "Project" shall mean the entire undertaking of WPI and WHP with
respect to their capital improvements program.
(h) "Settlement Agreement" shall mean that agreement reached
between the County, WPI and others in the suit styled Three's Company, et al. v. Nelson County.
(i) âTax Year" shall mean the calendar year of January 1st through
December 31st. 2. Grant.
The EDA, subject to appropriation of grant funds to the EDA by the Board, will distribute grant funds to WPI on the following terms:
(a) The grant will become effective upon the first to occur of the Opening
of the Hotel Property or Land Transfer.
(b) The grant will be equal to a percentage of the New Tax Revenues, on the following schedule:
(i) From the first to occur of the Opening or the Land Transfer
through 30th month after the Opening, inclusive: 100%
(ii) 31st month through 42nd month, inclusive: 75%
(iii) 43rd month through 54th month, inclusive: 50%
(iv) 55th through 66th month, inclusive: 25%
(v) Beginning of 67th month: grant terminates. Thereafter, the
Hotel Property shall be subject to 100% of local real estate and personal property taxes.
(c) The grant will be payable annually following (i) the conclusion of the
Tax Year, (ii) the determination by the Commissioner of Revenue of the New Tax Revenues and the percentage thereof comprising the grant, and (iii) appropriation of grant funds to the EDA by the Board.
3. Termination.
In the event that Opening has not occurred within five years of the date hereof, then the EDA may at any time after such five years terminate this Agreement.
4. Appropriation.
(a) Funds to be paid to WPI under this Agreement shall be paid by the
EDA only from such funds so appropriated to the EDA by the Board, and shall not be paid from any other funds of the EDA, including funds or revenues of the EDA that have been, or in the future may be, pledged or assigned to the payment of any other obligations of the EDA including any notes or bonds issued by the EDA.
(b) It is expressly understood by the parties that this Agreement does
not create a debt or a pledge of the faith and credit of the County within the meaning of any constitutional or statutory debt limitation or prohibition. The annual grant contemplated in this Agreement is subject to and contingent upon an annual appropriation of grant funds to the EDA by the Board.
5. WPI and WHP Covenants.
WPI and WHP covenant and agree as follows:
(a) That the Hotel Property improvements shall consist of a hotel with
approximately 190 oversized guest rooms, some of which might be designated as condominiums, (ii) 16,500 square feet of flexible meeting space which will include a 7,000 square foot ballroom and a 3,500 square foot junior ballroom, (iii) anchor restaurant with an approximate seating of 180, (iv) approximately 11,000 square feet of retail store space, (v) business and concierge services, (vi) fitness and exercise room (vii) heated outdoor swimming pool, and (viii) parking beneath the structure, all situated on approximately two acres.
(b) Subject to Section 2 above, the Hotel Property, upon Opening or Land
Transfer, whichever shall first occur, shall be and remain taxable real estate, and shall be, as such, taxable, without deduction or apportionment, at its fair market value by the County. In this connection, it is agreed that the Hotel Property, regardless of ownership or the uses to which it is put, shall not be treated as property belonging to an "automatic membership corporation or association" or a "membership corporation or association" within the meaning off 58.1-3284.1 of the Code of Virginia, and, shall not be subject to the Settlement Agreement. WPI will prepare the necessary documents and complete the appropriate procedures for amending the Settlement Agreement to effect this paragraph.
(c) WPI and WHP shall, in good faith, pursue with all due speed
completion of the Project and operate the Hotel Property as a business undertaking.
6. Approval.
The form of this Agreement was approved by the Board at a regularly called and
convened meeting on the 11th day of December, 2007.
7. Representations and Warranties of WPI and WHP.
(a) Corporate Status. WPI and WHP are a corporation and a limited
liability company, respectively, duly organized, validly existing and in good standing and have full power and authority to enter this Agreement and perform the obligations hereunder, to own the properties and assets owned by them, and to carry on its business as now conducted.
(b) Authority. The execution, delivery, and performance of this
Agreement by WPI and WHP, and the performance by them of all actions contemplated hereby, have been duly and validly authorized by their respective directors and shareholders or owners; and this Agreement has been duly executed and delivered by WPI and WHP, constitutes the legal, valid and binding obligation of WPI and WHP and is enforceable against WPI and WHP in accordance with its terms.
(c) No Violation of Statute or Breach of Contract. Neither the execution
or delivery or performance of this Agreement by WPI and WHP nor any compliance by them with the terms and provisions of this Agreement will conflict with or result in a breach of any of the terms, conditions or provisions of any judgment, order, injunction, decree or ruling of any court or governmental agency or authority to which any of them is subject or of any material agreement or instrument to which any of them is a party or by which any of them is bound, or constitute default thereunder.
8. Conditions Precedent.
The payment of the grant by EDA is subject to the fulfillment, prior to the first installment, of each of the following conditions:
(a) Amendment of Settlement Agreement. WPI and WHP shall have
prepared the necessary documents and completed the appropriate procedure for amending the Settlement Agreement, all in form satisfactory to the County and the EDA.
(b) Obligations Current. In order for WPI to be eligible to receive any
grant funds under this Grant Agreement, (a) WPI and WHP must be current on all monetary obligations due to the County or any authority or entity providing public services for or on behalf of the County (including but not limited to the Nelson County Service Authority), including but not limited to all taxes, water, sewer and other utility service fees, and license and permit fees, and (b) WPI and WHP must be in full compliance with all applicable land use, zoning and licensing regulations, ordinances and laws. If such requirements are not cured within four (4) months of written notice provided to WPI and WHP that such requirements have not been met, the unpaid grant funds that otherwise would be paid to WPI for the previous Tax Year shall be deemed forfeited by WPI.
(c) Opinion of Counsel. The EDA shall have been furnished with an
opinion of counsel to the effect (i) that WPI and WHP are a corporation and a limited liability company, respectively, duly organized, validly existing and in good standing, with full power and authority to enter into this Agreement and to perform their obligations hereunder; (ii) that this Agreement and the amendment of the Settlement Agreement has been duly authorized, executed and delivered by WPI and WHP and is the valid and binding obligation of each enforceable against it in accordance with its terms, and (iii) that, insofar as such counsel has actual knowledge, neither the execution nor delivery or performance of this Agreement by WPI and WHP will cause a breach of or default under any agreement to which either is bound or will violate any law, statute, rule or regulation, judgment, order, injunction, decree or ruling of any court or governmental agency or authority. In rendering such opinion such counsel may rely, to the extent counsel deems such reliance necessary or appropriate, upon opinions of local and special counsel and, as to matters of fact, upon certificates of state officials and of any officer of the County, provided the extent of such reliance is specified in such opinion.
9. Remedies.
In the event that either WPI or WHP fails to perform its obligations imposed herein, the EDA (i) may terminate this Agreement, (ii) shall be entitled to repayment, for refund to the County, of all grant sums previously paid, together with six per cent interest, not later than sixty (60) days after the EDA's demand therefor, and (iii) shall be entitled to injunctive relief or specific performance. The remedies herein are not exclusive, and the election of one remedy by the EDA does not foreclose the concurrent pursuit of any other remedy at law or in equity. The EDA shall be entitled to reasonable attorney fees in any action brought with respect to this Agreement.
10. Governing Law, Venue.
This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. The sole venue for any action arising in connection with this Agreement shall be in the Circuit Court of Nelson County, Virginia.
11. Entire Agreement.
This Agreement contains the entire understanding of the parties with respect to the grant. This Agreement may not be changed orally but only by agreement in writing signed by the party against whom enforcement of any waiver, change, modification, or discharge is sought.
12. Notice. Any notice which is required to be given under the terms of this
Agreement shall be either delivered or mailed, postage prepaid, to the party at the address below:
If to the County:
County Administrator
Post Office Box 336 Lovingston, Virginia 22949
If to WPI:
Robert S. Ashton Wintergreen Partners, Inc. Post Office Box 706 Wintergreen, Virginia 22958
If to WHP:
Robert C. McGee
Wintergreen Hospitality Partners, LLC
11 Grassy Ridge Road
Wintergreen, VA 22958
13. Parties in Interest.
This Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the date above.
WINTERGREEN PARTNERS, INC.
By: ________________________________
Its: __________________________
ECONOMIC DEVELOPMENT AUTHORITY OF NELSON COUNTY
By: _
Its: ____________________________
WINTERGREEN HOSPITALITY PARTNERS, LLC
By: _____ __
Its: ____________________________
Following this item, the Board took a break from 4:15 pm to 4:20 pm
V. New Business
A. EMS Interest Free Loan Application
Mr. Bruguiere noted that even though the funds are used up, the EMS Council approved the loan application submitted by the Piney River Fire Department, who has never borrowed from the Interest Free Loan Fund before and is in need of a new pump truck.
Mr. Carter stated the request is a substantial amount of money, noting that the numbers provided by the Treasurer via her November 13th memo have not substantially changed since their last review. He noted that with no other infusion of funds other than the regular payments due, it would be spring of 2010 when the fund would have $66,000 including Wintergreen paying back $200,000 for the first two (2) years of their new loan. He stated that there would be some funds from the reassessment available in June 2008 that could address this request; noting it is not a good trend to obligate $500,000 of unanticipated General Fund monies and is an example of the trend of expenditures outpacing revenues as historically shown by Davenport.
The Board discussed the fact that most agencies accelerate their payments ahead of the required schedule and discussed a current loan fund policy of not having an outstanding loan if the agency is holding substantive bank accounts. It was noted that Piney River has cash on hand of $62,950 and unrestricted investments of $232,000 calling into question the need for the loan. It was noted that they currently donât have a contract on a truck, but are trying to save money up front by purchasing it before January 1, 2008.
Mr. Harvey noted that the Rockfish Valley Fire Department could potentially pay ahead on their loan $50,000 prior to January 2008. He noted that all agencies with outstanding loans need to be reviewed to check their available funds. He noted Piney River Fire Department to be an outstanding organization and wants them to buy the truck. He suggested approving the loan and determining at what point funds are available.
The Board discussed the investment balance being significant, but at the same time not wanting to penalize Piney River for doing well and being fiscally responsible. However, it was discussed that approving this could go against the policy guidelines.
Mr. Carter noted that annual financial statements are requested from the squads to be able to assess their financial positions, with limited response to date.
Mr. Harvey suggested approval of the loan, looking at all agency financials to see if outstanding loans needed to be called in. Mr. Bruguiere suggested they make the loan with repayment to be made within a year. Mr. Harvey noted being amenable to loaning the money to repay Piney River for using their available balances to purchase the truck as soon as money is available, noting it wonât all be available in January.
The Board discussed where the money will come from given the recent increase in the loan fund of $250,000 and the $450,000 loan made to Wintergreen with Ms. McCann, Finance Director noting an approximate available balance in the fund of $5,000 to $8,000. Mr. Harvey noted that if Rockfish repaid $50,000 the balance available would be in the sixty-some thousand dollar range, which is way short.
The Board discussed loaning out more money than is in the fund with members agreeing that that was not favorable. It was noted that Piney River could front the money for the truck in order to save the 6% and as soon as money is available it could be loaned out to them. It was also noted that the EMS Council has a cash balance of approximately $45,000. Mr. Harris proposed scaling back the Wintergreen loan to be able to afford the loan to Piney River. Also discussed were the mutual aid calls taken in the Roseland, Piney River and Gladstone areas and the contribution to these squads from beneficiary counties supplementing their operating expenses. It was noted that maybe these funds should come back to the County.
Mr. Harvey suggested approving the loan application subject to the availability of the $1Million dollar fund and whatever can be done to boost that balance would be done. Mr. Carter noted that the $250,000 boosting the fund to $1Million was approved earlier as part of the budget appropriations in the Consent Agenda. The Boardâs consensus was to approve the application subject to the availability of the fund and the Chair called for a motion.
Ms. Brennan moved to approve the Piney River Fire Departmentâs Interest Free Loan Fund application subject to the availability of the funds and Mr. Harris seconded the motion. There being no further discussion, Supervisors voted unanimously (5-0) to approve the motion.
Upon clarification, Mr. Harvey noted that the EMS Council controls the fund and could decide how the available funds are distributed between Wintergreen Fire Department and Piney River Fire Department. He noted that he and Mr. Bruguiere would work with Eddie Embrey on this and work on getting back to following the application process and the rules as stated in the policy.
VI. Reports, Appointments, Correspondence, and Directives
A. Reports
1. Staff Reports
a. Emily Harper, Director of Parks & Recreation
Ms. Harper gave the following report:
NELSON COUNTY PARKS & RECREATION
The mission of the Nelson County Parks and Recreation Department is to serve the citizens of Nelson County by providing comprehensive recreational programs and facilities that satisfy leisure needs and improve the quality of life.
Itâs important to everyoneâs (youth & adult) stress level and happiness quotient to have at least one activity that they can do regularly just for fun. Hobbies and other fun activities provide a way to sharpen skills, express creativity, or just blow off steam.
We attempt to meet this need by offering a variety of activities and park sites. People need free play as well as organized play.
Activities: Approximate # Site
Youth Basketball 150 RRES, TRES, NMS
Spring Soccer 160 Rockfish Ruritan Park, TRES
Fall Soccer 170 RRP & TRES
Youth Football & Cheer 40 - 90 RRP & Nelson Center (Charlottesville games)
Menâs Softball League
& Tournaments 6-9 teams Nelson Center
Classes varied Nelson Center
Trips 8-40 various locations throughout the state
Special Events varies throughout the County
Summer Camp YMCA has taken over this program. We are developing a series of weekly programs for middle school children for the summer of 2008.
Facilities:
County owned: VA Blue Ridge Railway Trail
Delfosse Trail
Montreal Park
Ryan Ballfield
Nelson Center Offices: Activity Room, Great Room, Softball field
Other: TRES â gymnasium & fields RRES â gymnasium
Nelson Middle School - gymnasium
Rockfish Ruritan Park â fields
Occasionally: Fleetwood Community Center, Rockfish Community Center
We are dependent on either school or private property for most of our activities. While the partnership with these organizations is helpful to all of us, the facilities are being overused.
The fields at TRES are worn out due to use by our programs, the High School & Middle School teams & band. We are working with the school maintenance renovating the Tye River field.
Our vision is to build a recreation complex, to include indoor and outdoor facilities, and community parks to meet the needs and desires of our citizens.
Ms. Harper reiterated that one of her departmentâs biggest challenges is adequate facilities, noting weeknight gym facilities specifically. She stated that the softball field lights at the Nelson Center are very old with ballast light out, and the soccer fields are in bad shape.
The Board discussed the use of the old Ryan School ball field or moving the lights from that field to Lovingston. It was noted that the Ryan field is not big enough and parking there is an issue. Moving the lights was not a favorable option. Maintaining the lights was discussed as essential for adult softball to continue, which is noted to be one of the more popular programs.
The Board discussed the need for enhancing the youth football program to better the Countyâs future secondary school football teams. Ms. Harper stated that the County had one (1) participating team in the youth football program as compared to three (3) a few years ago. She noted contributing factors in the decline to be lack of early registration by parents and competing sports (soccer) in the area. Setting up meetings with the secondary school coaches to discuss program improvements was also discussed. In conclusion, Ms. Harper noted the great volunteer base supporting Recreation Department programs.
2. County Administratorâs Report
Mr. Carter gave the following report:
2008 General Re-Assessment: The Nelson County Circuit Court has authorized (by order dated December 4, 07) the two month extension for completion of the 2008 re-assessment. Appointment of the Board of Equalization is pending completion and is an important consideration at this time as the BOS must be trained by the state Department of Taxation with the training projected to be completed in early January 2008.
2. Courthouse/Government Center Project â A correspondence has been submitted to Wiley and Wilson delineating the Countyâs direction for completion of the projectâs schematic phases and requesting proposals from the AE for the projectâs final design and construction phases. A final report on the schematic phase is anticipated for receipt within the ensuing 30 â 45 days, approximate.
3. Piney River 3 Project: Construction of the project is in process. The first project construction meeting was conducted on November 29 with E. C. Pace Construction (Phase I). The projectâs Phase 3 contractor, Commonwealth Excavating is beginning construction start up and the Phase 2 contractor (Atkins Construction) is working on shop drawings and related installations. First pay requests are being processed and paid with funds drawn from USDA-RD and federal STAG monies through state DEQ and VDH.
Mr. Carter noted that a potential change order on Phase 3 (sewer) to reduce the pipe type and size could save tens of thousands of dollars; but could cause a 30 day delay in the project, he noted that the Service Authority was in favor of the change and he would provide the Board a report from Draper Aden on the change.
4. Wintergreen (Economic Stimulus Grant) â The current draft of the ESG with WPI is scheduled for consideration on 12-11. It is understood from a discussion with WPI staff on 12-10 that they may propose additional language to Section 4.A (the project description) to establish additional flexibility with the projectâs final scope. Subject to the Boardâs review, it is projected that the local EDA will consider the ESG at their meeting on 12-20.
5. Solid Waste Project: A. Collection Centers Project: Both projects (Shipman and Massies Mill) are in process with paving at both sites anticipated to be completed this week. Interviews for site attendant personnel are being conducted this week and prospects for successful recruitment are promising. Coordination of equipment placement with Waste Management is a related responsibility. At present a 1-30-08 start up of both sites is projected with an earlier commencement to be implemented if possible.
A third collection site location is becoming of utmost importance. Staff is beginning development of procurement documents and position descriptions for the ensuing equipment purchases for each collection site and assumption of all collection system operations from Waste Management, other than transportation services from the Transfer Station to the regional landfill. Mr. Carter noted it would be advantageous to wait & see what Region 2000 comes up with before planning to purchase equipment and assume the hauling from the Transfer Station to the regional landfill.
B. Region 2000 Services Authority: The Authority is proceeding with responsibilities necessary to provide for commencement of its operations on July 1, 2008.
Mr. Carter noted that this included transitioning from the Thomas Jefferson Planning Districtâs Solid Waste reporting area to that of the Region 2000. This includes approvals from each of the TJPDC member counties. Also upcoming is approval of the regional solid waste management plan, including Nelson County, for the Region 2000 Services Authority.
C. Environmental Management: DEQ staff will visit the Countyâs closed landfill facility on 12-17 in conjunction with the Countyâs application to close out its gas monitoring program. County and Draper Aden Associates staff are continuing efforts to secure approvals from Norfolk Southern Railway associated with the installation of an off site sentinel well as a component of the ground water monitoring program.
6. Nelson Heritage Center Roof Replacement (Classroom Section Only), Structural Evaluation and Lease Agreement â Contract documents have been executed and the notice to proceed issued to W.A. Lynch (the low bidder on the roof project). Per the contractor, construction work will begin the week of 12-10 subject to receipt of materials. Staff will also finalize, the week of 12-10, a solicitation for completion of the structural evaluation of the facility, as directed by the Board. The scope of the project will be limited to specific areas of concern. With regard to the current lease agreement, staff recommends that the Board establish a committee to negotiate terms for the conveyance of the property to the Millennium Group, as is currently being conducted with RVCC.
Mr. Carter noted having confirmed with Wiley & Wilson, that the primary area of concern is the gym, which will be the focus of further evaluation as previously directed. He noted that Wiley and Wilson provided a template RFP to use to solicit other firms to conduct an evaluation of the Heritage Center Gym and provide an estimated cost of remediation. He noted that Wiley & Wilson proposed to do a more detailed evaluation for $15,000 and estimated the cost of remediation to be approximately $300,000 with another $40,000 - $50,000 in engineering and design fees and perhaps $10,000 for testing.
Supervisors questioned the scope of the fix that would be implemented for $300,000 noting a preference for a minimal fix that would render the gym safe for use. Supervisors also questioned the imminence of a potential collapse and how much longer the gym would hold up.
Mr. Carter noted that additional quotes could be gathered from other firms in addition to Wiley & Wilson and noted his understanding is to fix the structural problems to make it safe and usable only.
The Board discussed Wiley & Wilsonâs proposal and costs with Mr. Carter noting his understanding is it includes what the costs would be to come up with the solution to correct the structural problems and design costs. He noted the additional $15,000 for the detailed evaluation likely includes analysis of the best solution and guessed that the $40,000-$50,000 was to do complete design and construction drawings.
The Board briefly noted other options such as erecting a steel building gym, which could entail the expense of demolishing the old gym and whether or not that is the responsibility of the Board.
Mr. Carter suggested establishing a committee similar to that at Rockfish to negotiate the conveyance of the building as is.
In conclusion, the Board noted the difficulty in meeting the obligations now of maintaining the old school buildings noting that they were abandoned for a reason and no action was taken.
7. FY 06-07 Audit: Staff is currently reviewing the draft audit report for FY 07 with the final audit anticipated for receipt in later this month or in early January 08.
8. FY 08-09 Budget: Work on the FY 09 Budget has been initiated. Associated with this subject, staff has also forwarded an email to Del. Abbitt and Sen. Deeds to express concern with the substantive change in the state Composite Index that the County will be subject to over the ensuing two year state biennium.
Mr. Carter noted that unsuccessful bills had been submitted years ago by the General Assembly when there was a change in the Composite Index that were killed. The Board discussed the difficulty in changing the composite index formula, and noted the need for an exception or a hold harmless provision for the County because the formula works in 90% of the cases. Mr. Carter noted that the index is re-established every two (2) years with the new index being based on 2005 real estate values. The Board also discussed population being part of the formula. Mr. Carter noted a memo from Doctor Collins listing the Composite Indexes for the State.
In conclusion, the Boardâs consensus was to have staff request legislation allowing an exception or allowing an appeal process of the Countyâs composite index rather than a change in the formula.
9. BOS Retreat: Ms. Tyler St. Clair has been asked to facilitate the Boardâs next retreat. Current dates for scheduling of the proposed two day retreat include: January 3-4, February 18-19 or February 13-14 or 14-15 (the last of which is least conducive to Ms. St. Clairâs calendar).
Following discussion of available dates and the previous retreat conducted by Ms. St. Clair, the consensus of the Board was to not have an outside facilitator for the Retreat and keep the focus on attainable goals for the next five (5) years.
10. Meeting with RVCC: The Board committee (C. Brennan and T. Harvey) and staff (S. Carter) met with RVCC representatives on 12-5 to discuss (i.e. negotiate) conveyance of the community center property by the County to RVCCâs non-profit entity. The meeting resulted in agreement to complete and share information prior to further consideration by the BOS and RVCCâs BOD. Staff is facilitating.
The Boardâs consensus was to defer remaining afternoon agenda items until the evening session.
VII. Recess and Reconvene for Evening Session
At 6:00 P.M., on a motion by Mr. Harvey, and seconded by Mr. Hale, Supervisors voted unanimously by voice vote to recess and reconvene for the evening session at 7:30 PM.
EVENING SESSION
7:30 p.m. â Nelson County Courthouse
I. Call to Order
The Chairman called the meeting to order at 7:50 pm with all Supervisors present to establish a quorum.
II. Public Hearings
A. G. Giles - exception to Section 4-4 D. of the Subdivision Ordinance, Individual Septic Systems, Horseshoe Road, Arrington, Virginia, Tax Map #66-A-82
Mr. Fred Boger, Planning Director gave an overview of the request stating that Mr. Giles has submitted a subdivision plat dividing 22.134 acres into two (2) parcels with the parent parcel containing an existing dwelling and drainfield approved in 1997. The parcel to be divided off of 20.067 acres is being sold to adjoining property owner; however the subdivision cannot be approved without exception to Section 4-4-D of the Subdivision Ordinance requiring a 100% septic system reserve area for the existing septic system on the parent parcel and the required soils work has not been submitted for approval on the parcel to be divided off. Mr. Giles is requesting an exception to the 100% reserve requirement on the parent parcel since it has an approved septic system and is requesting an exception to the requirement to provide the soil work necessary to identify a drainfield and a 100% reserve area since the property is to remain undeveloped. Mr. Boger noted that the Planning Commission had considered this at length and is not required to make a recommendation to the Board on an exception request. Mr. Boger noted that these septic system requirements have been in existence since 1993 and stated no objections to the granting of the variances. He noted that the Planning Commission is having a work session the following month on the septic system requirements, which have been a problem for a long time.
The Board reviewed the definition of an exception noting that it covers a wide range and is widely used.
Mr. Massie Saunders representing the applicant noted his presence to answer questions on the project noting several other cases affected by similar circumstances. He noted other issues with the Ordinances that he would like the Board to address at some point. Mr. Harris expressed concerns with the Ordinances noting that some things that were not the intent of the Board were incorporated and need addressing.
There being no further questions for the applicant or Mr. Saunders, the public hearing was opened. There being no persons wishing to be recognized, the public hearing was closed.
Mr. Harris made a motion to approve the request of Gilbert R. Giles for the exceptions requested 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 grant Gilbert Giles the exceptions to Section 4-4 D. of the Subdivision Ordinance, Individual Septic Systems, Horseshoe Road, Arrington, Virginia, Tax Map #66-A-82.
B. Amendment to NC Code â Proposed Ordinance on Establishment of Deadlines for Equalization of Real Estate by Board of Equalization (O2007-10)
Mr. Carter introduced the item noting that in 2002 a similar Ordinance was adopted noting that the State Code allows deadlines to be set for applications and deadlines for the Board of Equalization to complete its work. The proposed Ordinance sets these dates at April 15th and June 1, 2008 respectively.
He noted that the assessors have stated that State Code requires a thirty (30) day interval between the Board of Equalization hearings and the Boardâs, assuring there wonât be a conflict. He noted that the BOE hearings will be in late January and will report to the Board by February 28th. Notices were noted to go out in mid January.
The Chairman opened the public hearing on proposed Ordinance O2007-011 Establishing a deadline for submittal of landowner or lessees applications for equalization of real estate assessments to the Nelson County Board of Equalization and fort the Board of Equalization to complete its deliberations on all applications. There being no persons wishing to be recognized, the public hearing was closed.
Mr. Hale moved to approve O2007-011 Establishing a deadline of April 15th for submittal of landowner or lessees applications for equalization of real estate assessments to the Nelson County Board of Equalization and fort the Board of Equalization to complete its deliberations on all applications by June 1, 2008 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 Ordinance was adopted:
ORDINANCE â O2007-011
BOARD OF SUPERVISORS
COUNTY OF NELSON, VIRGINIA
ESTABLISHING A DEADLINE FOR SUBMITTAL OF LANDOWNER OR LESSEES APPLICATIONS FOR EQUALIZATION OF REAL ESTATE ASSESSMENTS TO THE NELSON COUNTY BOARD OF EQUALIZATION AND FOR THE BOARD OF EQALIZATION TO COMPLETE ITâS DELIBERATIONS ON ALL APPLICATIONS
WHEREAS, The County of Nelson, Virginia is currently undergoing a general reassessment of real property within the County to be effective January 1, 2008; and,
WHEREAS, §58.1-3370 of the Code of Virginia requires the establishment of a Board of Equalization to receive applications from landowners seeking equalization of their real estate assessments; and,
WHEREAS, §58.1-3378 of the Code of Virginia provides that the Board of Supervisors may establish a deadline by which applications for equalization of real estate assessments must be filed with the Board of Equalization; and,
WHEREAS, §58.1-3378 of the Code of Virginia also provides that the Board of Supervisors may establish a deadline for the Board of Equalization to finally dispose of all applications for equalization of real estate assessments;
NOW, THEREFORE, BE IT ORDAINED by the Nelson County Board of Supervisors that April 15, 2008 be and is hereby established as the deadline date by which applications for equalization of real estate assessments shall be filed with the Nelson County Board of Equalization; and,
BE IT FURTHER ORDAINED by said Board of Supervisors that June 1, 2008 be and is hereby established as the deadline date by which the Board of Equalization shall finally dispose of all timely applications for equalization of real estate assessments.
III. Other Business
There were no items considered under Other Business
IV. Public Comments
1. Massie Saunders, Roseland
Mr. Saunders addressed the Board noting his concerns regarding the septic system requirements and provisions for boundary line adjustments and development rights in the Subdivision Ordinance. He stated that the location of all of the items required to be located are purely hypothetical and frequently change. He also urged the Board to formally request that the Health Department locate 100% drainfield reserves instead of 50% when doing their field work to eliminate performing this twice to meet both requirements.
The Board noted that the Planning Commission is working on the drainfield reserve issues already with the consensus of the Board being to have Mr. Boger talk with Tom Eick of the Health Department regarding the percentage drainfield reserve location prior to the Board making a formal request to the Health Department on the subject. Mr. Boger also noted that a work session is in the works regarding some interpretations of the Ordinance regarding development rights. The consensus of the Board was that a work session is needed to resolve these issues.
2. Carlton Ballowe, Faber
Mr. Ballowe addressed the Board regarding the 100% drainfield reserve requirement, noting that the Board should defer to the Health Departmentâs requirement of 50% since they have the expertise in this area. He also noted that in the case of boundary line adjustments, division rights should not be lost or gained as a result. Additionally, he noted that if the intent of the Board is to preserve large tracts of land, then the Board should encourage combining parcels to create larger tracts by not allowing any net loss of division rights when doing so.
3. Gary Baldwin, Piney River (Piney River Volunteer Fire Department Chief)
Mr. Baldwin was asked to address the Board regarding the Piney River Fire Departmentâs Interest Free Loan application that was approved during the afternoon session. Mr. Baldwin noted that the $232,000 in investments will be used to replace their brush truck in the next year. He noted that they have not bought the truck yet but can save $14,000 if they do by January 1, 2008.
Mr. Harvey noted to Mr. Baldwin the terms under which the loan application was approved. He stated that there could possibly be $50,000 to $60,000 in available funds at the first of the year if Rockfish Fire Department can make a $50,000 payment with the other funds disbursed as they became available. He noted to Mr. Baldwin that with the commitment to Wintergreen in place, the available funds approximated $8,000. Mr. Harvey also stated that if Piney River can put up $200,000 by the first of the year, he would do what he could to make the remaining amount needed available and make it happen. Mr. Harvey noted that it was unsure how fast funds would be available and relayed his and Mr. Bruguiereâs intent to work with the EMS Council to review all of the current outstanding loans for potential accelerated repayments.
Mr. Baldwin noted the departmentâs need to make other purchases that have been put-off, to update their equipment to meet safety standards.
In conclusion, Mr. Harvey and Mr. Bruguiere noted that they would work with the EMS Council on the funds and would contact him to follow up.
4. Massie Saunders, Roseland (Solid Waste Collection Site Inspector)
Mr. Saunders gave the Board a brief update on the status of the Solid Waste Collection sites under construction, noting that surfacing would be done at the Shipman site on Wednesday or Thursday, fencing would be up the following day and the site potentially complete by December 31, 2007 with the exception of installation of the equipment.
The Board discussed the route of traffic and the difficulty for trucks going in the Lovingston side and out the Shipman site. Mr. Saunders noted that this was the only way the configuration would fit on the site with the specified number of pads.
He noted that at the Massieâs Mill site the stone and building and compactor pads were down, with paving to begin possibly on Thursday. He noted that the detention pond was being built and the VDOT issues with piping under the road having been addressed. He stated that the entry was on the Rt. 151 side and the exit on the Rt. 56 side of the site. He noted that he could not give an estimated completion date on this site.
It was noted that landscaping was included in the contract for the Shipman site and that Massies Mill may need some landscaping due to buffer trees that need to come down. Mr. Carter noted that this could be done by County staff.
The Board then considered the remaining items from the afternoon session beginning with Appointments.
Appointments:
1. Board of Equalization
It was noted that these appointments needed to be done by January and the Code required 3-5 members broadly representing the County.
The Board noted that Mr. Hale, Ms. Brennan, and Mr. Harris had nominees for the Board of Equalization as follows:
Ms. Brennan nominated Craig Cooper who is retired but has 25 years experience in aviation real estate management and served during the 2003 re-assessment.
Mr. Hale nominated Betty Wood who has a finance and accounting background and served during the 2003 re-assessment.
Mr. Harris nominated Johnny Ponton who has 25 years of experience as a realtor.
Mr. Hale made a motion to recommend the appointment of the three nominees, Betty Wood, Craig Cooper and Johnny Ponton to the Board of Equalization 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 recommend Craig Cooper, Betty Wood, and Johnny Ponton be appointed to the Board of Equalization by the Circuit Court.
Mr. Bruguiere and Mr. Harvey noted they will have nominees for the next meeting in January.
2. Board of Zoning Appeals
Mr. Harvey made a motion to recommend Gifford Childs for re-appointment to the Board of Zoning Appeals 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 recommend Mr. Childs appointment by the Circuit Court.
The Board noted the remaining commission vacancies with Ms. McGarry stating that there are two (2) applications on file for the Ag Forestal District Committee. The Board agreed by consensus to consider these appointments at the January 2008 meeting. The other vacancies were noted to be long-time vacancies.
Correspondence:
1. Kevin Meeks â Detention Budget
Mr. Carter noted an upcoming meeting with Kevin Meeks to get an assessment of the Detention situation, noting the unusual increase in expenditures with this request moving it to $90,000 for the year so far. Mr. Carter noted that the State Code requires the County to be responsible for these payments. Mr. Carter also noted that Mr. Meeks can report to the Board at the January 2008 meeting to discuss Detention; with the Boardâs consensus being to have him report.
Board Reports:
Mr. Hale, Mr. Harris, Mr. Harvey and Mr. Bruguiere made no report.
Ms. Brennan reported her attendance of the following meetings:
Piedmont Rail Initiative, Courthouse Project, TJPDC Retreat, Food Council Summit, RVCC Board, Rt. 151 Work Group, JABA Advisory Board, Workforce Center Grand Opening, and the Schuyler Community Center Christmas lunch.
Directives:
Mr. Harris:
Mr. Harris noted he would like to see the 2x2s with the School Board resumed. He also stated that both the Gladstone Fire Department and Rescue Squad have plans for expansion and would like staff to further enquire about these plans for further discussion. Mr. Carter noted the letter sent out to them that was copied to the Board. Mr. Harris noted his advocacy of the Nelson Center and the Nelson Center Lease/Rent was noted by Mr. Carter to be a topic of budget discussion and with lease renewal being an issue for May or June 2008. The Board briefly discussed the Countyâs rental of space.
Ms. Brennan:
Ms. Brennan distributed an invitation to a TJPDC Open House. She also noted having been questioned regarding fire drills at the Courthouse and questioned when the last one was conducted. Mr. Carter was uncertain, noting that Ray Uttaro, Emergency Services Coordinator may be planning one. He also stated that emergency exit routes had been posted throughout the building per the State Code. Ms. Brennan suggested talking about conducting an energy audit at the retreat and using environmentally friendly products when possible.
Mr. Hale:
Mr. Hale enquired about obtaining trash disposal stickers for Albemarle County residents who volunteer with the Faber Rescue Squad and suggested that these three (3) individuals be issued the stickers. Mr. Harvey noted that he had no objection if the individuals met the qualifications previously necessary to receive a free County Sticker. Mr. Carter stated that the Ordinance strictly prohibits issuing stickers to non-residents.
Mr. Bruguiere:
Mr. Bruguiere had no directives
Mr. Harvey:
Mr. Harvey had no directives; however he commended the Countyâs Building Official, Mark Bolt for his help in re-building an Afton citizenâs home that had burned down. He noted that Mr. Bolt volunteered as an individual who cared and not in his capacity as the Building Official.
Prior to adjournment, Mr. Carter noted that he needed the Board to appoint a new alternate to the Regional Jail Board designating Ms. McGarry instead of Ms. McCann. He noted this to be necessary in order for Ms. McGarry to attend the upcoming Jail Board Meeting in his place and Ms. McCann had a conflict and was unable to attend as the current alternate.
Ms. Brennan moved to approve Resolution R2007-114 appointing Candy McGarry as the alternate representative to the Charlottesville/Albemarle Regional Jail and Mr. Harris 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 (R2007-114)
NELSON COUNTY BOARD OF SUPERVISORS
APPOINTMENT OF ALTERNATE REPRESENTATIVE
TO
ALBEMARLE-CHARLOTTESVILLE REGIONAL JAIL AUTHORITY
RESOLVED, BY THE NELSON COUNTY BOARD OF SUPERVISORS that Ms. Candice W. McGarry be and hereby is appointed as the alternate representative of said Board of Supervisors to the Albemarle-Charlottesville Regional Jail Authority pursuant to Section 2.2.1 of the Service Agreement, as amended, creating said Authority and §55.1-106.A of the Code of Virginia, 1950.
BE IT FURTHER RESOLVED by said Board of Supervisors that Ms. McGarryâs appointment shall be effective upon passage of this resolution and that the Boardâs previous appointment of an alternate to the regional jail authority be and hereby is null and void.
V. Adjournment
At 9:05 P.M., on a motion by Mr. Harris and seconded by Mr. Hale, Supervisors voted unanimously (5-0), to adjourn the meeting.
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