Board of Supervisors: January 8, 2008

January 8, 2008

Virginia:

AT A REGULAR SCHEDULED 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
       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
       Debra K. McCann, Director of Finance and Human Resources
       Philip D. Payne, IV, County Attorney
       Fred Boger, Planning and Zoning Director

I.   Call to Order

Mr. Bruguiere called the meeting to order at 2:05 p.m. with all members present to establish a quorum.
A.   Moment of Silence
B.   Pledge of Allegiance – Ms. Brennan led the Pledge of Allegiance

II.   Reorganization of the Board

Chairman Bruguiere relinquished the Chair to Mr. Carter who noted that even though the South District seat remained undetermined, a quorum had been established in order to conduct the Board’s reorganization.

A.   Election of Chair

Mr. Carter noted that the State Code required the Board to conduct an annual organizational meeting and that he would now entertain nominations for Chairperson.

Mr.Bruguiere nominated Mr. Harvey and Mr. Hale seconded the nomination. There being no other nominations on the floor, the Board voted unanimously (3-0-1) by roll call vote, with Mr. Harvey abstaining, to approve the nomination and elect Mr. Thomas D. Harvey Chairman for 2008.

B.   Election and Appointment of Vice-Chair

Mr. Carter opened the floor for nominations for Vice-Chair. Ms. Brennan nominated Mr. Hale and Mr. Bruguiere seconded the nomination. There being no other nominations on the floor, the Board voted unanimously (3-0-1) by roll call vote, with Mr. Hale abstaining, to approve the nomination and elect Mr. Allen M. Hale Vice-Chairman for 2008.

Mr. Carter then turned the meeting over to Chairman-elect Harvey.

C.   Resolution-Annual Meeting of the Board

Mr. Carter noted the resolution before the Board that establishes the regular meeting day(s) and time(s) as well as Board/Staff appointments.

The Board discussed having two regular sessions per month adding a second evening session. The Board’s consensus was to amend the resolution to have the first meeting of the month on the second Tuesday at 2pm and 7:30pm and the second meeting on the fourth Thursday at 7:30pm.

The Board briefly discussed the Deputy EMS Coordinator and the Zoning Administrator appointments with Mr. Harvey requesting that Jaime Miller serve as the Deputy EMS Coordinator and Mr. Carter serve as the Zoning Administrator. The Board agreed by consensus to consider the Zoning Administrator appointment separately.

Mr. Bruguiere moved to approve resolution R2008-001 amending the regular meeting date and time to be the second Tuesday of the month at 2pm and 7:30pm and the fourth Thursday of the month at 7:30pm, inserting Jaime Miller as the Deputy Emergency Services Coordinator appointee, and removing the Zoning Administrator. Mr. Hale seconded the motion and there being no further discussion, Supervisors voted unanimously (4-0) by roll call vote to approve the motion and the following resolution was adopted:

RESOLUTION-R2008-001
Annual Meeting – Nelson County Board of Supervisors
January 08, 2008

Whereas, pursuant to the applicable provisions of Title 15.2 of the Code of VA and Chapter 2, Article 2 of the Code of the County of Nelson, VA, the Nelson County Board of Supervisors conducts an annual organization meeting at the Board’s first meeting in January of each year; and,

Whereas, matters to be determined by the Board of Supervisors in addition to the appointment of a Chairman and Vice-Chairman include the establishment of a schedule of regular and, as applicable, special meetings, the establishment of rules of order, the establishment of (a) meeting agenda(s), and the establishment of Board appointments, including a Clerk and Deputy Clerk to the Board of Supervisors, a Zoning Administrator and a Hazardous Material Coordinator.

Now Therefore Be It Resolved, by the Nelson County Board of Supervisors as follows:

Regular meetings of the Board of Supervisors shall be conducted during Calendar Year 2008 in the Board Room located in the Nelson County Courthouse in Lovingston, VA on the second Tuesday of each month, beginning at 2:00 p.m., and reconvening thereafter at 7:30 p.m. and on the fourth Thursday of each month beginning at 7:30 p.m.

Special meetings of the Board of Supervisors may be convened from time to time, as determined by the Board of Supervisors in accordance with the applicable provisions of the Code of VA and the Code of the County of Nelson, VA.

In accordance with the Code of the County of Nelson, VA, Robert’s Rules of Order Newly Revised In Brief, shall be observed as the rules for conducting the business of the Board of Supervisors and the agenda for all meetings of the Board of Supervisors shall be established by the Clerk of the Board in consultation with the Chairman.

Board of Supervisors appointments for Calendar Year 2008 shall be as follows:

Nelson County Planning Commission:          Thomas H. Bruguiere, Jr.
Thomas Jefferson Planning District Commission:       Constance Brennan
Thomas Jefferson Planning District Commission:       Fred Boger
Director of Emergency Services:               Thomas D. Harvey
Deputy Emergency Services Coordinator:           Jaime O. Miller
Piedmont Workforce Network Board:           Constance Brennan
Clerk to the Nelson County Board of Supervisors:       Stephen A. Carter
Deputy Clerk to the Nelson County Board of Supervisors:   Candice W. McGarry
Hazardous Materials Coordinator:               Raymond M. Uttaro
Thomas Jefferson EMS Council:               Raymond M. Uttaro
James River Alcohol Safety Action Program Policy Board:   Ralph H. Moore
Jefferson Area Disability Services Board:             Joe Bolling
Thomas Jefferson Community Criminal Justice Board:   Constance Brennan
Nelson County Welfare Board:               Allen M. Hale

The Board then briefly discussed the Zoning Administrator appointment with Mr. Carter noting that he acted in this capacity in his initial employment with the County and had no present concerns. He noted that he didn’t foresee any real change other than him being back in an overall supervisory role. It was noted that the Subdivision Ordinance defines the Zoning Administrator as the Director of Planning and needs amending.

Mr. Bruguiere made a motion to appoint Mr. Carter as the Zoning Administrator. Mr. Hale seconded the motion and following brief discussion Supervisors voted unanimously (4-0) by roll call vote to approve the appointment of Mr. Carter as Zoning Administrator.

III.   Consent Agenda

Supervisors agreed by consensus to pull off the draft minutes for approval dated November 15, 2007 from consideration on the consent agenda. With a minor edit noted to the December 11, 2007 minutes; Mr. Bruguiere made a motion to approve the Consent Agenda. Mr. Hale seconded the motion and Supervisors voted unanimously (4-0) by roll call vote to approve the Consent Agenda and the following resolutions were adopted:

RESOLUTION-R2008-02
NELSON COUNTY BOARD OF SUPERVISORS
APPROVAL OF MEETING MINUTES

(December 11, 2007)

RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board’s meetings conducted on December 11, 2007 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.

RESOLUTION (R2008-03)
AMENDMENT OF FISCAL YEAR 2007-2008 BUDGET
NELSON COUNTY, VA
January 8, 2008

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
       $ 30,000.00   3-100-001502-0008   4-100-021040-3020
              1,267.00   3-100-002404-0007   4-100-082050-5650
                     $ 31,267.00

      II.       Appropriation of Funds (School Fund)
Amount   Revenue Account    Expenditure Account
       $ 179,151.00   3-205-002402-0002   4-205-061100-9301
               3,187.00   3-205-002402-0014   4-205-061100-9301
               3,464.00   3-205-002402-0017   4-205-061100-9301
               1,271.00   3-205-002402-0007   4-205-061100-9301
             21,040.00   3-205-002402-0012   4-205-061100-9301
               3,337.00   3-205-002402-0008   4-205-061100-9301
             11,950.00   3-205-002402-0023   4-205-061100-9301
               7,977.00   3-205-002402-0021   4-205-061100-9301
                  413.00   3-205-002402-0041   4-205-061100-9301
               2,755.00   3-205-002402-0065   4-205-061100-9301
               9,725.00   3-205-002402-0011   4-205-061100-9301
               7,023.00   3-205-002402-0033   4-205-061100-9301
              (5,512.00)   3-205-002402-0009   4-205-061100-9301
       $ 245,781.00

IV.   Public Comments and Presentations

A.   Public Comments

There were no persons wishing to be recognized.

B.   VDOT Report

Mr. Kevin Wright distributed a report showing Nelson County fatalities from 1-1-2006 to 12-31-2007. The report noted three (3) fatalities in 2006 and Eight (8) for 2007. Mr. Wright noted that there were too many deaths on Virginia and Nelson County highways and stated that VDOT had partnered with private firms, the Virginia State Police, and DMV to launch a Safe Virginia Highways campaign. Mr. Wright noted five key things to be safer on Virginia’s highways: wear seat belt, avoid distractions such as eating, talking on a cell phone or reading, share the road, never drink and drive, and obey posted speed limits.

Mr. Wright noted that in the majority of fatal accidents reviewed; not wearing a seat belt was a factor. He said that they hope to reverse the trend of increased lives lost by using a three pronged approach of education, enforcement and engineering.

In conclusion, Mr. Wright stated that he was prepared to move ahead with the public hearing in February on the Secondary Six Year Plan and Priorities with a workshop with the Board to follow.

Other road issues were discussed as follows:

-   Follow up on the previously requested sign, prior to the stop sign at the intersection of Rt. 56 West and Rt. 29

-   Follow up on the previously requested movement of the stop bar up, on Rockfish School Lane

C.   Presentation – Region 2000 Water Supply Planning Project

Mr. Carter introduced Mike Lawless of Draper Aden Associates, the project manager for the Region 2000 Regional Water Supply Planning Study, to give a status report on the project.

Mr. Lawless noted that water supply planning is required by every municipality to formulate a long-term plan covering thirty (30) to fifty (50) years. He said the plan includes current water sources, availability, projected growth for the time period, determining when growth will outpace the water supply and if occurring during the report period, what the alternative sources are. He noted that through data collection they were now looking at demand projections or growth as compared to supply and should complete this in March 2008.

Mr. Lawless noted that an interactive GIS map is in development showing water supply related data that can be accessible to interested parties. He stated that within the next month the public involvement process would begin to educate stakeholders and get their input. He noted that for economic development purposes, the planning would be a basis for bringing development where the water sources are. He stated that they are looking at targeted growth areas of the County such as Wintergreen, and looking at when the projected growth in these areas out-paces the water supply, so that it can be planned for with necessary permitting etc. He also noted that the plan will be updated at five (5) and ten (10) year increments and resubmitted every ten (10) years to DEQ.

In conclusion Mr. Lawless encouraged the Board’s participation in the upcoming stakeholders’ workshops as well as County Staff, economic development people and other interested citizens. He noted that the draft plan would be ready at the June 2008 stakeholder workshop with the public hearing on the plan to be done in October/November 2008, and the final plan submitted to DEQ in January of 2009. He noted the total budget to be $391,589 with Nelson County’s cost allocation at $32,234. He stated the benefit of the end product being a central electronic database maintained by Region 2000 that can be updated with data for ensuing years.

In response to questions, Mr. Lawless noted the following:

-   They are working with the Planning Departments of the participating localities to get    reasonable build out numbers and that they would plan for the worst case but use the most realistic data projections possible.

-   They are looking at private self supplied water users as well as municipal sources, with the first look at the number of population served by the public sources, and then the assumption is the rest are private wells. They will also utilize well-log information from the Health Department to assess the groundwater situation in areas dependent on this.

-   They will not be collecting new groundwater data, will rely on using the existing data to identify those areas that are reliant on ground water, and if there is future projected growth for that area, it will identify areas of data collection in the future.

-   They will utilize GIS to identify watershed boundaries and will be looking at privately owned water sources.

-   They will be looking at cross-jurisdictional supply issues and including all alternatives no matter how outlandish they may seem initially.

-   The goal is to plan so that growth doesn’t outpace supply and can be a tool to limit growth.

-   Almost the entire Region 2000 planning district is in the James River Watershed.

The Board briefly discussed participating in the study with Region 2000 versus the Thomas Jefferson Planning District Commission, with Mr. Carter noting that TJPDC was not pursuing a regional study when Region 2000 asked the County to participate. The cost effectiveness of doing the study as a region as opposed to individually was reiterated.

Mr. Carter asked Mr. Lawless to comment on the status of the County’s ground water monitoring program. Mr. Lawless stated that they were continuing the ground water monitoring per the corrective action agreement with DEQ and would continue for the next five (5) to ten (10) years and then look at its termination. He noted that contaminant levels are low and not a risk to human health. He also noted that they were working with DEQ to put in additional well(s), however this was being negotiated as DAA does not think they are necessary. The additional well(s) and monitoring would be at the County’s expense.

The Board took a five (5) minute break from 2:55 pm to 3:00 pm.

D.   Presentation – Courthouse Project (Wiley & Wilson)

Mr. Vaughan from Wiley & Wilson noted that he would present a review of the final scope of the schematic design phase of the project, the project budget, and project time schedule.

He noted that the following parameters were established in the planning phase:

1.   The historic courthouse will remain a courthouse
2.   The historic Courthouse is to remain the prominent feature on the site
3.   The Courthouse green would remain intact
4.   All judicial and county administrative functions must be included
5.   Everything must fit on the existing site or adjacent available sites
6.   the facility must continue to function throughout the construction

He then noted that during the schematic design process it was determined that the first new building containing the General District and Juvenile and Domestic Relations courts and public safety functions would be constructed. The historic courthouse would not undergo any extensive renovations until all administrative functions could be located into other facilities; except for the security upgrades that would secure all perimeter entries and include screening all public at a central entry.

Mr. Vaughan showed the existing complex footprint overlaid with the new design, briefly described the layout, and proceeded to overview the first and second floors of the new Courts building. He noted major improvements to the site included additional parking, improved stormwater management, improved sidewalks, new site lighting and enhanced landscaping.

Mr. Vaughan described the final scope of the project as approximately 25,500 square feet of new construction in the form of a two-story building directly to the east of the existing courthouse along with a two-story connector between the new and old buildings. The new connector would contain a public entry and screening area that would serve both buildings and includes an elevator. The old jail building would be renovated for use as public restroom facilities for the new courts building and the old Sheriff’s office would be renovated for use as additional office space for County functions. The existing courthouse will receive only minor modifications at the interface with the new connector, modifications to the exterior doors to allow access control by the overall facility security system, and roof replacement on the 1960 and 1970 additions. He noted that the scope also includes the replacement of the roof on the existing health department building, the Jefferson building, and old jail building. He noted the use of red brick on the new entry way to help tie-in the old jail building and distinguish it from the rest of the facility.

Mr. Vaughan briefly went through the floor plan for the first and second floors of the new Courts facility, noting the various security features and the use of the General District Courtroom for Board of Supervisors meetings as in Lunenburg County.

The project budget was discussed with Mr. Vaughan noting an estimated construction cost of $9,127,000 which includes a 10% contingency. The Total Project budget including furnishing allowance of $200,000, A/E fees of $580,000 for final design and $215,000 in construction support services, $53,000 in Testing and Survey Allowances, and $200,000 in Owner’s Construction Representative Allowance for a total project budget of $10,375,000. He noted that with the Board’s approval to proceed to final design, the bidding documents would be ready in July 2008 with construction beginning late summer of 2008 and an estimated total construction time of two (2) years or by August 2010.

The Board commended Mr. Vaughan and Mr. Hale on the work done to reduce the scope and the cost of the project and successfully meet the goals set out, noting they were very well taken with the new schematic design.

In response to questions, Mr. Vaughan noted the following:

-   With the acquisition of the Lingo/Brown property, an allowance for moving the house and reconnecting it to a new foundation is included.

-   The project schedule is a best guess but they will move forward as soon as possible.

-   Other improvements (interior changes) to the old courthouse such as carpet replacement etc. are not included in the current scope.

Mr. Carter noted that staff has not looked at the final cost detail, but budgetarily the funds are on hand to cover the A/E fees to proceed with final design. He that $7.5 million in Rural Development funding has been authorized and the County would have to administratively establish final approval of those funds; with the challenge being the remaining project balance. Mr. Vaughan noted that the current contract for their services could be amended to include the cost of final design as soon as the fees are agreed upon.

Mr. Hale made a motion to proceed with the contract for final design of the Courthouse project as presented and authorize the County Administrator to execute the contract. Ms. Brennan seconded the motion and there being no further discussion, Supervisors voted unanimously (4-0) by roll call vote to approve the motion and proceed with the contract for final design.

Following the vote, Supervisors briefly discussed after hours security with Mr. Vaughan noting that these would be business operations decisions to be made down the road.

V.   Unfinished Business

There was no Unfinished Business considered.

VI.   New Business

A.   Authorization for Public Hearing – Region 2000 Services Authority Solid Waste Plan (R2008-04)

Mr. Carter noted that with the establishment of the new Region 2000 Services Authority and the County’s membership therein, a new Solid Waste Management Plan was required with a public hearing necessary for the County to transition out of the Thomas Jefferson Planning District Commission’s reporting region for solid waste. He noted the public hearing to be an administrative process requirement and the draft plan would be provided to the Board prior to the hearing.

It was noted that the County does not currently levy a consumer utility tax specifically for solid waste, but the County could do so; with members noting no consideration of this during a re-assessment year.

Mr. Hale made a motion to adopt R2007-04 a resolution authorizing a public hearing to consider proposed Region 2000 Services Authority solid waste management plan and Mr. Bruguiere seconded the motion. There being no further discussion, Supervisors voted unanimously (4-0) by roll call vote to approve the motion and the following resolution was adopted:
RESOLUTION R2008-04

NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION AUTHORIZING A PUBLIC HEARING TO CONSIDER PROPOSED REGION 2000 SERVICES AUTHORITY SOLID WASTE MANAGEMENT PLAN

WHEREAS, Nelson County is a member of the Region 2000 Services Authority and;

WHEREAS, Pursuant to the authority given by §10.1-1411 of the Code of Virginia 1950, as amended, and pursuant to the requirements of 9 VAC 20-130-130.A of the Virginia Solid Waste Management Plan Regulations, Authority members must conduct a public hearing to discuss and receive comment on the proposed Region 2000 Services Authority Solid Waste Management Plan,

THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby authorize the advertisement of a public hearing on the proposed Region 2000 Services Authority Solid Waste Management Plan, and;

BE IT FURTHER RESOLVED, that the public hearing is hereby scheduled for the February 12, 2008 Board of Supervisors Meeting at 7:30 PM at the Courthouse in Lovingston, Virginia.
B.   Schedule Public Hearing (2008 Real Estate Re-assessment)

Mr. Carter noted the necessity of staff to set the date that the Board will schedule a public hearing on the 2008 real estate re-assessment so that the date can be included on the assessment notices to go out on January 10, 2008. He stated that the notices utilize February 12, 2007 as the date that the public hearing will be scheduled. Mr. Carter also noted concern with the time-frames in relation to setting the tax rate due to stricter notice requirements and the need to advance the budget to enable the Board to establish a tax. He noted a change in the notice requirements for the public hearing on the tax rate from two (2) weeks to thirty (30) days; with Ms. McCann noting that advertising the budget in total along with the rate ahead of the public hearing was required.

VII.   Reports, Appointments, Directives, and Correspondence

A.   Reports

1.   Staff Reports

Mr. Carter noted that Kevin Meeks will be giving the staff report this month and introduced Mr. Meeks as the Supervisor of Juvenile Probation for Amherst and Nelson Counties and the City of Lynchburg, supervising secured detention as well.

Mr. Meeks noted he would overview his functions focusing on secured detention, and gave the following report:

The Department of Juvenile Justice operates six (6) juvenile correctional centers and a reception and diagnostic center. Only a judge can commit a juvenile to the Department of Juvenile Justice with commitments being reserved for the most serious juvenile offenders who are a risk to community safety. A juvenile correctional center is the same as an adult prison and is a post-dispositional placement. The DJJ operates thirty-five (35) Court Services Units throughout the state with the Court Services Unit performing the following functions: juvenile intake, conduct investigations for the Court and report preparation, probation and parole services. §16.1-260 of the Code of Virginia gives intake officers the authority to receive, review, and process complaints. Based on this information, the intake officer determines whether the Court should be petitioned. Intake has the authority to divert all charges with the exception of violent juvenile felonies, essentially performing the functions of a magistrate for the juvenile Court.

In terms of detention, intake has the authority to release, detain or place a child on some other type of conditional release such as outreach detention, electronic monitoring or GPS. A child can only be held for seventy-two (72) hours before seeing a judge. The judge then determines if continued confinement is necessary. Detention is the equivalent of jail and is primarily used for pre-dispositional confinement. § 16.1-248 of the State Code provides the following criteria for detention: charge must be a class 1 misdemeanor or felony, if it is a violation of parole, the underlying charge must be a class 1 misdemeanor or felony, the juvenile must be a clear threat to person or property of others or be a clear threat to the juvenile’s life or health, be a threat to abscond from the Court’s jurisdiction, the juvenile has absconded from a detention home or other facility at the direction of a judge or intake officer, the juvenile is a fugitive from a jurisdiction outside the Commonwealth or the juvenile has failed to appear in Court after being duly summonsed.

Factors affecting the cost of detention are: the current daily per diem rate is over $185, the number of admissions, the length of stay which is mandated by the Code of Virginia of 21 days prior to adjudication and 30 days prior to disposition or 51 days total. Exceptions are if the case is transferred or appealed to Circuit Court (must be 14 years old and being tried as an adult) or an admission into the post disposition program.

The trend for Nelson County over the past three (3) years has been a substantial increase in the number of juvenile felonies which has resulted in an increase of admissions; and due to the seriousness of the charges this results in longer lengths of stay due to public safety considerations.

Mr. Meeks noted that in 2007, 324 complaints were referred to Court, 35 detention orders were written and 11 were diverted. He also stated that ¾ of the cases were in detention for more than three (3) days and ¼ for more than fifty-one (51) days. He noted that Nelson had a higher trend of detention than Amherst County or Lynchburg City potentially because of an increase in the juvenile population and/or an increase in enforcement; but noted that statistically this is a very small sample of the population.

Mr. Meeks then introduced Nelson County’s Intake Officer, Nicole St. Germain.

In response to questions Mr. Meeks noted the following:

-   As an alternative to Detention, VJCCCA funds are used for outreach detention, GPS and electronic monitoring which have lower costs ($10-$35 per day) and can be used to supervise marginal cases.

-   Only a judge can commit a juvenile to a correctional facility, once a commitment order is signed, the County’s financial obligation ends and it becomes the State’s cost.

2.   County Administrator’s Report

Mr. Carter gave the following report:

1. 2008 General Re-Assessment: The assessors (Wingate) are forwarding the 2008 real estate assessments notices to all property owners on January 10, 2007. The assessor’s hearings will be conducted on January 14 – 21 and January 21-24 (all notices to property owners will include the hearing schedule). Pending is appointment, training and the ensuing hearings of the (full) Board of Equalization.

Mr. Carter noted that the assessment notices contain the necessary information to direct the public with the public’s first contact being at the Assessor’s hearings, then the Board of Equalization hearings and then the Circuit Court. He noted that the BOE will be trained, officially appointed by the Court, and then will set their hearing dates.

2. Courthouse/Government Center Project – Wiley and Wilson to present final report on the project’s Schematic Phase to the Board of Supervisors on 1-8 and is prepared to proceed with final design, construction bidding and administration following receipt of these authorizations from the County. Related thereto, staff has made a written request to the County Attorney to expedite the acquisition of private property necessary to complete the first phase of the (overall) project.

3. Piney River 3 Project: Construction of the project is in process. A change order is in process that will provide for re-design of the Phase 3 elements of the project. This change will improve operational efficiencies without a substantial delay in construction and will also result in a net reduction in the project’s expense of approximately $30,000 after engineering costs are incurred.

Mr. Carter noted that Rural Development has to approve this change.

4. Wintergreen (Economic Stimulus Grant) – The EDA approved the ESG on 12-20, has executed the agreement and forwarded it to WPI for signatory approval.

5. Collection Centers Project: Final paving of both projects was deferred pending weather conditions (i.e. temperatures above fifty degrees) that enabled the material to be applied in accordance with design specifications. However, both sites (Shipman and Massies Mill) are scheduled for paving to be completed the week of January 7. The balance of site construction for each facility is such that completion of both projects is anticipated by not later than January 31. County staff has proceeded with personnel recruitment and are currently working towards operational start up of both sites.

6. 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 SCC certification of the establishment of the Authority has been received.

7. Solid Waste Environmental Management: DEQ staff met with and inspected the County’s closed landfill facility on 12-17 in conjunction with the County’s application to close out its gas monitoring program. A written communication from DEQ on this subject is pending receipt albeit it is staff’s expectation that DEQ will approve the close of the gas monitoring program in the near future.   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. A second extension (of time) request on this subject has been submitted to DEQ pertinent to this responsibility.

Mr. Carter noted that if a sentinel well site isn’t found the County may be able to negotiate this requirement away with DEQ. He noted a $15,000 in gas monitoring savings from termination of this program, noting Nelson is not the only county in a Corrective Action Agreement with DEQ.

8. Nelson Heritage Center Roof Replacement (Classroom Section Only), Structural Evaluation and Lease Agreement – The roof replacement project is in process. W.A. Lynch, the project contractor, has advised that work is proceeding well and that it is possible that the project may be completed by January 31 (the contract documents require substantial completion by March 3 and final completion by April 2).

With regard to the structural evaluation on the gymnasium building, NolenFrisa (a structural engineering firm based in Forest, VA; the company worked on the County’s Secondary School Project, the replacement of the concrete pad at the transfer station and previously completed a similar evaluation of the former Middle School in 2000-2001, approximate – they are searching their records on this) was retained to complete a second walk through and visual inspection of the facility. The walk through was completed on January 4 and a letter report (and subsequent email) will be submitted to the Board on January 8 for consideration and direction to staff pertinent to next steps. Briefly, NolenFrisa confirmed the previous findings reported by Wiley and Wilson. The expense incurred to date on this second review is $680.00.

Mr. Carter noted that in the report, Mr. Frisa noted there being no redundant support system in place in the building. He stated that the building has been moving and if a part of the building failed there is potential for the entire building to collapse. He noted an email from Mr. Frisa that was distributed to the Board that said that while he has been in far worse situations as far as concern over being in the building, it is still recommended that further evaluation be done and access should be limited. He also described the methodologies that would be used to do further evaluations at a cost of $5,000 to $7000 and some additional geotechnical work might be necessary at a cost of $3,000 to $4,000. Mr. Frisa estimated the cost of repairs to be between $250,000 and $400,000 with any additional foundation repairs costing between $100,000 and $150,000.

9. FY 08-09 Budget: Work on the FY 09 Budget has been initiated. Staff will work and present a budget work session schedule to the Board, as, due to the 2008 General Reassessment, the Board and County staff will be challenged by time constraints in working to reach consensus on the FY09 Budget prior to conducting a public hearing and establishing the 2008 real estate tax rate in accordance with Code of VA requirements that pertain to completion of the 08 General Reassessment.

10. BOS Retreat: Staff has previously proposed either January 28-29 or February 4-5 (one or two day sessions) for conducting a Board retreat. The proposed location is DelFosse Winery.   A final decision is requested.

The Board’s consensus was to wait until the South District seat is settled, but tentatively set February 4-5 for the retreat with the option to postpone if the election is undecided.

11. Proposed Monument At Courthouse: A response has been received from Hon. Michael Gamble and distributed to the Board for review. Pending receipt is input from the County’s Historical Society.

Mr. Carter noted the Historical Society’s concurrence with the Judge’s letter on this subject and the Board’s consensus was for Mr. Carter to send a letter to the requestors noting no approval at this time.

The Board revisited the Heritage Center issue, discussing putting the decision to move forward in the hands of the Millennium Group. The consensus of the Board was to forward the NolenFrisa report and additional information to the Millennium Group and encourage them to follow up; with the Board’s consensus being to not proceed any further.

3.   Board Reports

There were no Board Reports.

B.   Appointments

1.       Board of Equalization

Mr. Harvey noted that his nominee for the Board of Equalization, Mr. Don Gray of Afton, is retired from the State and has been a long time Afton resident living next to Veritas. It was noted that Mr. Gray did not complete an official application and that the thirty (30) percent expertise requirement has been met through the appointment of the previous three (3) members.

Mr. Bruguiere noted that he was not yet ready to nominate a West district member, with the Board extending this appointment until the evening session. The Board discussed that the appointee would not necessarily have to be from the West district, but that it would be best.

Mr. Hale made a motion to appoint Donald Gray to the Board of Equalization and Mr. Bruguiere seconded the motion. Further discussion included Ms. Brennan’s desire for all candidates to complete an application. There being no further discussion, Supervisors voted unanimously (4-0) by roll call vote to approve the motion and recommend the appointment of Donald Gray to the Board of Equalization.

2.       Ag & Forestal District Advisory Committee

Ms. Brennan made a motion to appoint Ms. Bo Holland and Ms. Barbara Barton to the Ag & Forestal District Advisory Committee and Mr. Hale seconded the motion. There being no further discussion, Supervisors voted unanimously (4-0) by roll call vote to approve the motion and appoint Ms. Holland and Ms. Barton to said committee.

3.       Keep Nelson Beautiful Council

Ms. McGarry noted that Mr. Martin Versluys has now responded that he is not interested in serving on this committee.

Ms. Brennan made a motion to appoint Paulette Albright, Susan McSwain, Anne Buteau, Lynn Grosz, and Gail Roussos to the Keep Nelson Beautiful Council and Mr. Hale seconded the motion. There being no further discussion, Supervisors voted unanimously (4-0) by roll call vote to approve the motion and appoint Ms. Albright, Ms. McSwain, Ms. Buteau, Ms. Grosz, and Ms. Roussos to said committee.

4.       Land Use Classification Panel

Mr. Harvey noted that the panel recommended by the Commissioner of Revenue has served for the past several years.

Mr. Bruguiere made a motion to appoint Hughes Swain, John Ed Purvis, and Gordon Fletcher to the 2008 Land Use Panel and Ms. Brennan seconded the motion. There being no further discussion, Supervisors voted unanimously (4-0) by roll call vote to approve the motion and appoint Mr. Swain, Mr. Purvis, and Mr. Fletcher to the said panel.

C.   Correspondence

Mr. Harvey noted the invitation from the Rockfish Valley Fire Department for its annual appreciation dinner and encouraged the Board members to attend.


D.   Directives

Ms. Brennan:

-   Research more frequent reassessments or alternative ways of conducting it and costs.
-   Resume the 2x2s with the School Board and Wintergreen
-   Follow up on review of financial statements of Fire Departments and Rescue Squads
       -Mr. Harvey noted that this would be done in-house through the EMS Council
-   Follow up on providing a port-a-john at the Nelson Wayside near the Rockfish River

Mr. Bruguiere: None

Mr. Hale:

-   Add Sheriff Brooks to the next Agenda to discuss courthouse security
-   Forward the courthouse security document from Ray Uttaro to Mr. Brooks

Mr. Harvey:

-   Strive for better face to face communication

VIII.   Recess and Reconvene for Evening Session

At 4:55 P.M., on a motion by Mr. Bruguiere, and seconded by Mr. Hale and Ms. Brennan, Supervisors voted unanimously by voice vote to recess and reconvene for the evening session at 7:30 PM.

EVENING SESSION

7:30 P.M. – NELSON COUNTY COURTHOUSE

I.   Call to Order

The Chairman called the meeting to order at 7:30 pm with all Supervisors present to establish a quorum.

II.   Public Hearings

A.   Class II Communications Tower – Verizon Wireless, Special Exception

Mr. Boger, Planning Director overviewed the application noting that Ms. Lori Schweller, attorney for Verizon requested a Class II Communication Tower Permit to erect a 94 foot metal communication tower with a one foot lightning rod for a total of 95 feet, with a 50 ft set-back radius; whereas the Ordinance requires a set-back radius of 118.75 ft. The tower would be located on property owned by Mr. and Mrs. Carlton Mattox which is near 29 Whispering Pine Drive. The applicant requested three (3) exceptions: a waiver for the required landscape strip due to the existing natural tree and vegetative cover, a special exception to the required set-back radius due to the collapse design of the tower, and a reduction in the required security fee down from the cost of construction.

Mr. Boger noted that the waiver of the required landscape strip had been granted under the authority of the Planning Commission and the waiver of security fees denied under the current Ordinance provisions. He noted that the Planning Commission has approved the application subject to the Board approving the exception to the set-back requirement. Mr. Boger noted that the Commission recommended granting the exception to the setback radius and showed photographs of the tower site.

The Board briefly discussed the site with Mr. Boger noting that the tower itself will be kept within the tree-line and is hardly visible to neighboring landowners. The fact that this type of pole, a metal monopole, can support co-location or possible use for co-providers was briefly discussed.

Ms. Schweller, attorney spoke on behalf of the Verizon team re-stating the nature of the exception requested and noting the outreach to neighboring landowners that had been done; with no negative responses. Mr. Boger noted that the Cashwells had contacted him noting no problems with the application.

In response to questions, Verizon representatives noted that Verizon intends to provide wireless internet from this tower within a one (1) to two (2) mile range; which is the same footprint as cell coverage.

There being no further discussion, the Chairman opened the public hearing. There being no persons wishing to be recognized, the public hearing was closed.

Mr. Bruguiere made a motion to approve the Class II Communication Tower #2007-003 including the special exception to reduce the required setback radius and Ms. Brennan seconded the motion. There being no further discussion, Supervisors voted unanimously (4-0) by roll call vote to approve the motion and the Class II Communications Tower #2007-003 as presented.

In conclusion, it was noted that the Zoning Ordinance would require amending to change the security requirements for metal poles. Mr. Boger noted that the security requirements (cost of construction) were in place to cover the costs of removal in case the tower was someday abandoned. The Board’s consensus was to look at this in the future along with other updates.

The Board considered public comments prior to considering its other business.

III.   Other Business

A.   Zoning & Subdivision Ordinance

Mr. Hale noted the sequence of events leading up to the current discussion regarding the use of boundary line adjustments and its affect on division rights under the current Zoning and Subdivision Ordinances.

The Board worked through various examples/scenarios with the County Attorney, Phil Payne and Supervisor Hale. It was noted that the intent of the Board was to not allow an increase in the number of developable lots in the County, using any scenario, under the provisions of the new Ordinances. Mr. Payne, County Attorney noted that any reading of the Ordinances says that division rights cannot be increased by combining parcels.

The Board discussed the affects of vacating interior lot lines of adjoining parcels to create larger parcels; that can result in the loss of division rights and allow for movement of rights within the parcels, versus using boundary line adjustments to alter parcel configurations and manipulate the resulting division rights. Vacating a lot line was noted to mean the elimination of an existing line between adjoining parcels and boundary adjustments are moving an existing boundary line to reconfigure adjoining parcels. The issue noted by the County Attorney was that by using these tools, an R-1 subdivision could be created in an A-1 district as opposed to it being created through a re-zoning application. Mr. Carter noted that section 4-2-1 of the Ordinance prohibits the use of any means of reconfiguring a parcel to increase the number of parcels that may be created. It was also discussed that some problems created by the use of boundary line adjustments to circumvent current septic reserve requirements will be mitigated if these requirements are modified following the work of the Planning Commission and subsequently the Board.

The Board also briefly discussed family subdivisions and the impact of the Subdivision Ordinance’s required road standards, related to family subdivisions, to be a forthcoming discussion.

In conclusion, the Board agreed on the following by consensus:

-   There should not be an increase in the number of lots (parcels) on the books than what was on record (having a stand alone deed in the Clerk’s office) as of 6/1/07; as a result of the provisions in the new Ordinances.

-   Boundary line adjustments should not be used as a tool for conveyances; since lines of record should not be allowed to be moved. Division rights cannot be moved by using a boundary line adjustment- land should be conveyed and then the interior lot lines can be vacated (eliminated).

-   Boundary line adjustments between adjoining parcels should not be allowed to increase the total division rights of the pre-adjusted parcels of record (having a stand alone deed in the Clerk’s office) as of 6/1/07.

-   Adjoining parcels can be combined using the vacation (elimination) of interior lot lines to create one larger parcel. This may result in the loss of division rights and allow the movement of rights from one area to another; creating the potential for development to occur where it is most suitable. This was noted to also promote larger tracts of open land which was deemed desirable by the Board.

It was noted that more work and interpretation may be necessary and the answers to the twelve (12) questions as listed in Mr. Boger’s memo to Mr. Carter dated January 3, 2008 comprise the list of interpretations previously distributed and maintained by Mr. Boger and Mr. Payne. No Board action on this subject was taken.

IV.   Public Comments

There were no persons wishing to be recognized.

V.   Adjourn and Continue until January 24, 2008 at 7:30 pm

Mr. Harvey noted for the public that the Board’s regular meetings would be held on the second Tuesday of each month at 2:00 pm and 7:30pm and again on the fourth Thursday at 7:30 pm.

At 8:55 pm, Ms. Brennan made a motion to adjourn and continue until January 24, 2008 at 7:30 pm. Mr. Hale seconded the motion and Supervisors voted unanimously by voice vote to approve the motion.