Board of Supervisors: February 12, 2008

February 12, 2008

Virginia:

AT A REGULAR SCHEDULED MEETING of the Nelson County Board of Supervisors at 2:00 P. M. in the Circuit Court Room located in the Nelson County Courthouse.

Present:     Thomas H. Bruguiere, Jr. West District Supervisor
       Allen M. Hale, Vice Chairman, East District
       Constance Brennan, Central District Supervisor
       Joe Dan Johnson, South District Supervisor
       Stephen A. Carter, County Administrator
       Candice W. McGarry, Administrative Assistant/Deputy Clerk
       Debra K. McCann, Director of Finance and Human Resources
       Fred Boger, Planning and Zoning Director

I.   Call to Order

Mr. Hale, acting Chairman called the meeting to order at 2:00 p.m. with four (4) members present to establish a quorum and Chairman Harvey being absent.

A.   Moment of Silence
B.   Pledge of Allegiance – Mr. Bruguiere led the Pledge of Allegiance

II.   Consent Agenda

In light of Chairman Harvey’s absence, Supervisors deferred consideration of the minutes from the January 8, 2008 and January 24, 2008 meetings presented for approval, until the next meeting.

Mr. Johnson moved to approve the consent agenda and Ms. Brennan seconded the motion. Ms. McCann, Finance Director, clarified that the appropriation is for additional expenses associated with the Presidential Primary election. Supervisors then voted unanimously (4-0) by roll call vote to approve the motion and the following resolution was adopted:

RESOLUTION (R2008-09)
AMENDMENT OF FISCAL YEAR 2007-2008 BUDGET
NELSON COUNTY, VA
February 12, 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
       $ 5,000.00   3-100-001502-0008   4-100-013010-1010
               700.00   3-100-001502-0008   4-100-013010-5501
            3,000.00   3-100-001502-0008   4-100-013010-5401
                     $ 8,700.00

Prior to public comments, acting Chairman Hale noted the need to add an item of consideration to the agenda given the presence of Emergency Services Coordinator Ray Uttaro. Mr. Carter distributed a draft resolution to the Board for consideration declaring a local emergency in light of the high winds and recent fires. Mr. Uttaro updated the Board on the events of the previous weekend noting a total of fourteen (14) fires, the major event being a three hundred (300) acre fire on Peavine Mountain in the East District, which caused the evacuation of ten (10) homes and approximately thirty (30) people. He noted that no structures or lives were lost and the response overall went very well. Mr. Hale also commended all of the responders, dispatch and County personnel for the manner in which the Peavine Mountain fire event was handled. Mr. Uttaro suggested that the local emergency declaration remain in effect through the night until after the forecasted rainfall.

Ms. Brennan moved to approve R2008-14 Declaration of Local Emergency 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-R2008-14
NELSON COUNTY BOARD OF SUPERVISORS
DECLARATION OF LOCAL EMERGENCY

WHEREAS, the Board of Supervisors of the County of Nelson does hereby find that:

Due to high winds, the County of Nelson is facing dangerous fire conditions; and due to the fourteen (14) resulting fires thus far, a condition of extreme peril of life and property necessitates the proclamation of the existence of an emergency;

NOW THEREFORE, IT IS HEREBY PROCLAIMED that an emergency now exists through said County and,

IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said emergency the powers, functions, and duties of the Director of Emergency Services and or his designee shall be those prescribed by State Law and the ordinances, resolutions, and approved plans of the County of Nelson in order to mitigate the effects of said emergency.

Declared: February 10, 2008           Board of Supervisors, County of Nelson

III.   Public Comments and Presentations

A.   Public Comments

1.   Larry Whitaker, Afton

Mr. Whitaker noted his concerns regarding the Board’s setting of the real estate tax rate, a national recession, and declining seasonal revenue from Wintergreen; and spoke in favor of supporting economic development and the exploration of other local revenue streams.

Supervisors noted to Mr. Whitaker that the Board will seriously address the tax rate issue, there is no proposed rate at this time and noted the upcoming public hearing on the tax rate, which will be advertised 30 days in advance.

2.   Judy Barnes, Afton

Ms. Barnes stated that the re-assessment increase is too high and favors a lower real estate tax rate if possible. She also noted the handicapped accessibility features of the Courthouse to be unfriendly and commented on the unstable (gravel) surface of the parking lot at the Nelson Center.

Supervisors noted new plans for improved accessibility and offered to evaluate the current facilities for improvements in the meantime.

B.   Wingate Appraisal Services

Mr. Harold Wingate of Wingate Appraisal Services gave the Board an overview of the assessors’ hearings that have recently concluded. He noted that accommodations had been made by them to address accessibility issues of citizens coming for appointments. He stated that approximately 700 people had been seen in person and 150 phone consultations had been conducted. He stated that there was one snow day where appointments had to be rescheduled and that appointment hours had been extended on the last day. He stated that the primary complaint by most citizens was their assessment compared to the softening of the real estate market in the second half of 2007. He noted that sales from 2005 through October of 2006 were used to establish the base sales study for the reassessment. Mr. Wingate recommended that the Board take a close look at land use and elderly and disabled tax relief when evaluating and establishing the tax rate. In conclusion he stated that the assessors were now entering the outcomes of the hearings for notices to be sent out by the end of February. He noted that the Board of Equalization had completed its required tax training with Tom Morelli of the Virginia Department of Taxation and should be a good group that would do a good job.

Mr. Wingate noted the following in response to the Board’s questions:

-   The assessors did not walk every piece of property, but did try to see, from the outside, every structure. Interior inspections were made when allowed inside by property owners.
-   Wingate will assist the Board of Equalization during their hearings.
-   The Board of Supervisors cannot arbitrarily change property values between assessments.

C.   Thomas Jefferson Partnership for Economic Development

Mr. Michael Harvey, Executive Director of TJPED reported to the Board giving an overview and current status of the regional program including background on TJPED, recent changes and the organizational make up of the partnership. He discussed funding, staff, product and organizational challenges ahead. He stated that his short-term goals were to enhance outreach, create an information center and build an organic business development program offering its services as a liaison between the County and the Virginia Economic Development Partnership, providing research services and the value added service of ExecutivePulse; and use of the Central Virginia Small Business Development Center, which is now staffed full-time. He noted his long-term partnership goals for Nelson County to be to enhance existing services, revise vision, mission, goals, and create a regional strategic plan and building the proper organization to realize the regional vision.

He noted the importance of moving to an organic growth model versus an attraction model and using ExecutivePulse to provide outreach to existing businesses to identify their needs and in the long term, identify trends in those needs. In conclusion he noted that Nelson County realizes a five to one rate of return on its investment in the partnership and encouraged the Board to continue its financial support.

Mr. Harvey noted the following in response to the Board’s questions:

-   Mr. Harvey acknowledged the inequity in equal funding provided by small and larger localities and noted his desire to address this. He stated that private funding ranged from $500 to $25,000.

-   It is as important to understand the current underemployed or unemployed workforce as it is to bring new workers into an area.

-   Nelson County is unique in that it is not contiguous to other rural counties in the region and he sees this as strength; allowing for capitalization of current assets and the employment of a complimenting strategy.

-   Implementation of the ExecutivePulse initiative should bear out what the organic business development strategy is for Nelson County.

-   An economic development plan should be done every five years.

Supervisors thanked Mr. Harvey for his report and stated support for the partnerships efforts to enhance existing businesses.

D.   Courthouse Security

Mr. Carter noted having met with Sheriff Brooks and the Captain regarding the ability to fund more Courthouse Security staffing within the current budget. He stated this could be done administratively by appropriating Court Fines and Forfeiture monies already realized in the current budget, for this purpose.

Ms. McCann, Director of Finance and Human Resources clarified that this funding cannot come from the State Compensation Board, but that the funds specifically for this purpose come from the Court Fines and Forfeiture revenues already realized. The Board discussed the need to have increased security coverage during court.

The Board agreed by consensus to address the Sheriff’s needs in this area administratively.

IV.   Unfinished Business

There was no unfinished business considered.

V.   New Business

A.   Schedule Public Hearing (2008 Real Estate Re-assessment)

Mr. Carter recommended that the Board consider advertising the public hearing on March 6, 2008 and holding the public hearing thirty days later as prescribed by code, sometime the first week in April; possibly at the April 8th regular meeting in the Nelson Middle School auditorium.

The Board discussed holding the public hearing on a different day from the regular meeting day; with the consensus being to hold the public hearing on April 8th during the evening session at 7:30pm. The Board deferred official action until the evening session to allow for staff to check on the availability of the Middle School auditorium.

The Board then discussed potential budget work sessions; setting the first one for February 21st at 5pm and then the second for the regular session on the 28th; and reserving the 26th, if needed.

VI.   Reports, Appointments, Directives, and Correspondence

A.   Reports
1.   County Administrator’s Report

The County Administrator gave the following report:

2008 General Re-Assessment: The assessors (Wingate & Associates) are finalizing the 2008 general reassessment, which they will submit to Nelson County by March 1, 08. The local Board of Equalization has completed training, facilitated by the state Department of Taxation, and has been officially appointed by the Circuit Court. The BOE will conduct its hearings from April 7 – 12. Mr. Carter noted that the impact from any adjustments made by the BOE will not be realized until June or possibly December.

2. Courthouse/Government Center Project – Staff has completed review and negotiations with Wiley and Wilson on provision of final design and construction administration services and will execute contract documents on February 13, 08. Mr. Carter noted the A&E fee percentages to be: 5.7% for design services, 2.3% for not-to-exceed construction administration for a total of 8% with construction administration costs to be mitigated to the maximum extent possible. Mr. Carter also noted recent discussions with Ms. Brown to facilitate the purchase of property behind the current Courthouse.

3. Piney River 3 Project: The project (all phases) is proceeding well. Phase 1 is nearly complete with the County having the ability, subject to final testing and approvals, to provide utility services to connections located in the Phase 1 area.

4. Collection Centers Project: On February 13 Wiley and Wilson and County staff will conduct final inspections of the Shipman and Massies Mill collection sites with turnover to the County by the contractors anticipated to be completed shortly thereafter. Personnel have been employed to staff each site. A sealed bid request to purchase equipment for these (and all County) facilities is in final review. The County is partnering in this initiative with Appomattox and Amherst counties. It is projected that the bid request will be advertised by February 17 with bid opening approximately fifteen to twenty-one days later (the date is not final at this time). County staff will also be developing and issuing 1) a sealed bid request for transfer equipment and 2) a sealed bid request for transportation services (transfer station to landfill), including therein a request, as an alternative consideration, for collection services from private providers for transport of solid waste from collection sites to the transfer station.

Mr. Carter noted that there is a three (3) week turnaround from the bid advertisement with the target opening date of March 15-March 30, as soon as possible. He stated that the old sites could potentially be cleaned up in two (2) days with no restoration on other sites needed.
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5. Region 2000 Services Authority: The Authority conducted its organizational meeting on January 1, 08. Each local government member is process with conducting public hearings on the authority’s regional solid waste management plan. Start up of the Authority’s operations is scheduled for July 1, 2008.

6. Solid Waste Environmental Management: Receipt is pending from VA-DEQ for final approval of the close out of the County’s gas monitoring program. County and consultant staff (Draper Aden Associates) and VA-DEQ personnel will meet on March 10, 08 with Norfolk Southern personnel pertinent to location of an off site sentinel well for the County’s ground water monitoring program. Per a 12-07 inspection by VA-DEQ,

County staff have repaired minor erosion at the capped/closed landfill and given notice (oral and written) to private parties to remove structures that they own from the periphery of the capped landfill area (this per DEQ directive).

7. Nelson Heritage Center Roof Replacement (Classroom Section Only), Structural Evaluation and Lease Agreement: The roof replacement project is complete albeit subject to final inspection by the County and warranty inspection by Carlisle, the manufacturer of the roofing system. County staff will formally notify the Millennium Group of the project’s completion. No response has been received to date from the Millennium Group pertinent to the status of the gymnasium at the Heritage Center. Discussion of a lease extension is pending.

Mr. Carter noted in response to the Board’s questions that staff can inquire as to the cost of removal of the gym. The Board discussed whether or not a new gym would be built and if so it’s possible location. There was some opinion expressed that if a new gym were built it should be in a more central location and possibly near the schools where athletics is occurring. It was suggested that the Millennium Group should be encouraged to follow up on this.

8. Rockfish Valley Community Center: County representatives (Ms. Brennan and Messrs. Harvey and Carter) met with members of RVCC’s Board of Director and staff on February 6, 08 at the community center. Following general discussion there was consensus to defer further consideration of a conveyance or long term lease until RVCC has completed its master planning initiative (no specific dates for completion were provided). Mr. Carter noted that the RVCC intends to do a feasibility study, gauge community interest and identify potential funding sources.

9. FY 08-09 Budget: Staff is working to complete the first draft of the FY 08-09 Budget. Introduction of the budget to the Board is proposed fro the week of 2-18 with preference for 2-21.

10. Staff Reports: Reports from County departments and offices will be submitted to the Board via email the week of 1-7-08. Mr. Carter noted that the Sheriff will start reporting with the suggestion being made that these reports be kept on file by department. The Board discussed the possibility of creating an internal web-page for members to access via password to view such items as departmental reports. Mr. Carter noted that staff would check into this.

2.   Board Reports

Mr. Johnson: No report
Ms. Brennan:

Ms. Brennan reported her attendance of approximately 15, local, regional and state meetings.

Mr. Bruguiere:

   Mr. Bruguiere reported on the Planning Commission’s workshop on subdivision septic system reserve requirements, noting that Mr. Boger has tentatively worked up a solution whereby if the subdivision involves 20 acres or less the current septic reserve requirements apply. He noted that this change would require public hearings at both the Planning Commission and the Board of Supervisors level.

   Mr. Hale:

   Mr. Hale reported his attendance of his first Welfare Board meeting and the VACo sponsored Chairs training session in Richmond.

B.   Appointments
1.   Keep Nelson Beautiful – Roger Nelson

Mr. Johnson moved to approve the appointment of Roger Nelson to the Keep Nelson Beautiful Council 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 appointment of Roger Nelson to the Keep Nelson Beautiful Council.

The Board noted the need for them to encourage suitable candidates to apply for remaining vacancies.

C.   Correspondence

Mr. Hale noted the following correspondence:

-   Region 2000 regarding a change in the date for the Water Supply Plan Stakeholders’ meeting    to the same night as the Board’s second regular meeting from 5-7pm, noting that Mr. Johnson and Ms. Brennan still plan to attend even if they need to leave early.

-   J. Thompson Schrader noting $89,000 in delinquent real estate taxes collected and $106,000 in surplus sale proceeds collected on behalf of the County. The Board enquired as to whether or not the backlog was now caught up. Mr. Carter noted that staff would consult the Treasurer and Mr. Schrader and report back.

-   FEMA letter noting that some work would be re-done on the County’s flood plain maps and more data would be provided as a result of the persistence of County Staff and the volunteered expertise of community professionals.


D.   Directives

Mr. Bruguiere:

No directives. Mr. Bruguiere discussed an issue that had arisen with a citizen regarding the Piney River III project and wanted to advise the Board and staff of this person’s mission and his discussions to date.

Ms. Brennan:

-   Suggested that Departmental websites be updated at least quarterly.
-   Suggested looking into installing a distress signal in the Board of Supervisors Room
-   Encourage the Planning Commission to start its review of the Comprehensive Plan
-   Asked for a report on the duties and functions of the Magistrate, but noted that she would speak with the Sheriff regarding this subject
-   Enquired about the establishment of a monument committee

In discussion, Mr. Carter noted that there has been a decline in the number of juveniles in detention per Mr. Meeks, the Detention Supervisor and the Board can dispose of the modular building at RVCC without another public hearing but may have to mitigate the asbestos problem per the County Attorney. This item may be included on the next regular meeting agenda.

Mr. Johnson:

No directives. Mr. Johnson inquired as to follow up on the Veterans cemetery, how to direct citizens with concerns about junk cars, and how the County is addressing the needs of agribusiness and fire fighting given the decreased water levels in the County.

Mr. Carter noted that he is following up on the Veterans cemetery, junk car issues can be referred to Mr. Boger, Planning Director, and the County is addressing the water issues through participation in the Region 2000 Water Supply Planning Study, utilizing the Service Authority to monitor the County’s water supply, the Board being proactive in declaring drought disasters, and the use of dry hydrants and stream pumps by fire departments in extreme cases.

The Board discussed the use of water vaults that are purchased by the homeowner and filled with water that can be purchased from the Service Authority.

Mr. Hale:

-   Requested regular updates from WPI on the status of progress on the hotel project and resumption of the 2x2s with Wintergreen representatives.

-   Noted the deadlines for the application for Land Use and Elderly and Disabled Tax Relief to be February 11, 2008 and February 15, 2008 respectively. The Board briefly discussed the valuation methods used for Land Use.

-   Noted that he would prefer to see a 501 3(c) established for funding the Tunnel project as opposed to having the Nelson County Community Development Foundation do this, but that he would like to hear their response to this proposal.

Following Directives, Supervisors took a ten minute break from 4:50pm to 5:00pm and resumed the meeting agreeing by consensus to consider the Other Business scheduled for the evening session, due to the declining weather conditions. Other Business was considered as follows:

Other Business

Mr. Hale noted that the County Attorney had requested that the Board consider a resolution authorizing his acceptance of the conveyance of a portion of the Lingo/Brown property as part of the property to be acquired by the County for the Courthouse project. Mr. Carter added that there is a contract for the intent to purchase a 100 ft. strip of property directly behind the current Courthouse and that negotiations for the purchase are underway.

Ms. Brennan made a motion to approve resolution R2008-13, Authorization for Acceptance of Conveyance Lingo/Brown Property 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-R2008-13
NELSON COUNTY BOARD OF SUPERVISORS
AUTHORIZATION FOR ACCEPTANCE OF CONVEYANCE
LINGO/BROWN PROPERTY

RESOLVED, by the Nelson County Board of Supervisors that the County Attorney, Philip D. Payne, IV is hereby authorized to accept the conveyance of property on behalf of the Board of Supervisors; said property being adjacent to the Courthouse and being a portion of land formerly known as the Jane T. Lingo property.

Proposed Zoning Ordinance Amendment, Article 18-5 (R2008-11)

Mr. Carter overviewed the proposed Amendments which originated from Mr. Harvey and a property owner concerned about the sale of an M-1, limited industrial use property with the current prohibited uses listed in the Zoning Ordinance. These prohibited uses were noted to not be listed in the other Districts in the Ordinance. Also noted was that there are very few M-1 zoned parcels in the County. The Board and staff discussed that the proposed amendments need to be referred to the Planning Commission and would require a public hearing at the Planning Commission and Board of Supervisors level.

Ms. Brennan made a motion to approve resolution R2008-11, Referral of Proposed Zoning Ordinance Amendment Article 18, Limited Industrial M-1 to Nelson County Planning Commission 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 R2008-11
NELSON COUNTY BOARD OF SUPERVISORS
REFERRAL OF PROPOSED ZONING ORDINANCE AMENDMENT ARTICLE 18, LIMITED INDUSTRIAL M-1
TO
NELSON COUNTY PLANNING COMMISSION

WHEREAS, it is necessary to consider amendments to the Code of Nelson County, Appendix A, the Zoning Ordinance, Article 18 Limited Industrial M-1, Sec.18-5 Prohibited Uses,

BE IT RESOLVED, that pursuant to §15.2-2285 of the State Code of Virginia 1950, as amended, the proposed amendments to Appendix A Zoning Ordinance Article 18 Limited Industrial M-1, of the Code of Nelson County; a copy of which is attached, are hereby referred to the Planning Commission for its recommendation.

BE IT FURTHER RESOLVED, that pursuant to §15.2-2285 of the State Code of Virginia 1950, as amended, the Planning Commission shall make its recommendation to this Board within ninety (90) days of its next meeting following this referral; and failure to so report shall constitute approval.

Buckingham Branch Railroad Grant Application Endorsement (R2008-12)

Mr. Carter noted the letter from Buckingham Branch Railroad asking for the Board’s endorsement of their application for funds from the Virginia Department of Rail and Public Transportation. Staff noted that endorsement of this application by all Counties, in which the railway passes through, was required in order for the application to be considered by the Commonwealth Transportation Board. Staff also noted that the draft resolution is essentially the model resolution that is included in the application packet for these funds. Supervisors briefly discussed the miles of rail that ran through Nelson County and agreed that endorsement of the application was a good idea.

Mr. Johnson made a motion to approve resolution R2008-12 endorsing the rail preservation application of the Buckingham Branch Railroad Company 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 following resolution was adopted:

RESOLUTION-R2008-12
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION ENDORSING RAIL PRESERVATION APPLICATION OF BUCKINGHAM BRANCH RAILROAD COMPANY

   WHEREAS, the Buckingham Branch Railroad desires to file an application with the Virginia Department of Rail and Public Transportation for funding assistance for the projects; and
   WHEREAS, Buckingham Branch Railroad has identified projects that are estimated to cost $13,471,000; and

   WHEREAS, the General Assembly, through enactment of the Rail Preservation Program, provides for funding for certain improvements and procurement of railways in the Commonwealth of Virginia; and

   WHEREAS, the Buckingham Branch Railroad is an important element of the County of Nelson transportation system; and

   WHEREAS, the Buckingham Branch Railroad is instrumental in the economic development of the area, and provides relief to the highway system by transporting freight, and provides an alternate means of transportation of commodities; and

   WHEREAS, the County of Nelson supports the project and the retention of the rail service; and

   WHEREAS, the Commonwealth Transportation Board has established procedures for all allocation and distribution of the funds provided;

   NOW THEREFORE BE IT RESOLVED, that the County of Nelson Board of Supervisors does hereby request the Virginia Department of Rail and Public Transportation to give priority consideration to the projects proposed by the Buckingham Branch Railroad.

   BE IT FURTHER RESOLVED, that a copy of this resolution be included in the minutes of the February 12, 2008 meeting and sent to Buckingham Branch Railroad.

The Board then re-considered scheduling the Public Hearing on the 2008 real estate re-assessment and associated tax rate. Staff noted that the Nelson Middle School/High School auditorium was available on the evening of April 8th and had been reserved.

Mr. Johnson made a motion to schedule the public hearing on the 2008 real estate reassessment inclusive of the tax rate on April 8th at 7:30 pm at the Nelson Middle School/High School auditorium and Ms. Brennan seconded the motion. There being no further discussion, Supervisors voted unanimously (4-0) to approve the motion.

It was noted to the public that the public hearing would be advertised on March 6th in order to meet the thirty day notice requirements, with the public hearing to be held on April 8th, the evening session of the regular meeting.

VII.   Recess and Reconvene for Evening Session

At 5:15 P.M., on a motion by Mr. Johnson, and seconded by Ms. Brennan, Supervisors voted unanimously by voice vote to recess and reconvene for the evening session at 7:30 PM.

EVENING SESSION

I.   Call to Order

Mr. Hale, acting Chairman called the meeting to order at 7:30 p.m. with four (4) members present to establish a quorum and Chairman Harvey being absent.

II.   Public Hearings

A.   Amendment to Special Use Permit #96-6 – Verizon Wireless

Mr. Fred Boger, Planning Director overviewed the application from Verizon Wireless to amend a January 10, 1996 Special Use Permit to co-locate six (6) six-foot antennas and associated cables and equipment on the North Nelson Tower. He noted that the Planning Commission recommended approval of the application.

In response to questions, it was noted that the towers are usually looked at for EMS services usage.

Ms. Lori Schweller, Verizon attorney described in detail the types of antennas to be used and noted the map showing the new coverage with the additional antennas.

There being no further questions from the Board, Vice Chairman Hale opened the public hearing. There being no persons wishing to be recognized, the public hearing was closed.

Mr. Johnson made a motion to approve the Special Use Permit #96-6 Amendment for Verizon Wireless 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 Special Use Permit.
B.   Six Year Plan & Priorities for Secondary Road System

Mr. Kevin Wright of VDOT distributed the updated Secondary Six Year Plan document and noted that unallocated funds for 2014 will be programmed after the Board has its workshop. He noted declining revenues from 2009-2014 and that final allocations have not been given by the State. He noted that the purpose of the public hearing was to receive input from the public, noting that no new projects had been added or anticipated.

Mr. Wright briefly went through the Regular Construction projects and the Unpaved Construction Projects included in the plan, noting that these would be looked at in further detail at the Board’s workshop. Supervisors noted the desire to look at Old Roberts Mountain Rd and Tanbark Rd in Massies Mill.

There being no further questions from the Board, Vice Chairman Hale opened the public hearing. There being no persons wishing to be recognized, the public hearing was closed.

Mr. Wright noted that he would work with County staff to schedule the necessary workshop on the plan. In conclusion he also noted that there were some revisions to VDOT’s subdivision road standards forthcoming that should be discussed at the workshop as well.

C.   Region 2000 Solid Waste Management Plan (R2008-10)

Mr. Carter overviewed the County’s shift from inclusion in the Thomas Jefferson Planning District’s Solid Waste Management Plan to that of the Region 2000 Solid Waste Authority. He noted this to be a regulatory requirement of the Code of Virginia and referred to the Executive Summary of the Plan previously distributed to the Board. He noted the plan to be the final draft with some possible minor changes possible. Mr. Carter also reiterated that regionalization of the Solid Waste functions was the best way to go forward and that in the next 2-5 years the Authority would be actively looking for another landfill or alternate transfer station to address the time when current landfill capacity is reached.

There being no further questions from the Board, Vice Chairman Hale opened the public hearing. There being no persons wishing to be recognized, the public hearing was closed.

Mr. Carter noted that the Board may want to edit the original text on the second page to include adoption of the plan including the portion which applies directly to Nelson County.

Ms. Brennan made a motion to approve resolution R2008-10 Acceptance of the Region 2000 Services Authority Regional Solid Waste Management Plan by Nelson County, as amended, and Mr. Johnson 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- R2008-010
ACCEPTANCE OF THE                                                                                                                              REGION 2000 SERVICES AUTHORITY                                                                              REGIONAL SOLID WASTE MANAGEMENT PLAN
BY
NELSON COUNTY BOARD OF SUPERVISORS

WHEREAS, Section l0.l-l411 of the Code of Virginia authorizes the Virginia Waste Management Board to promulgate regulations specifying requirements for local and regional solid waste management planning, and

WHEREAS, the Virginia Waste Management Board has promulgated such regulations entitled, "Regulations for the Development of Solid Waste Management Plans, Amendment I as 9 VAC 20-130-10 et seq., effective date August 1, 2001, through the Virginia Department of Environmental quality, and
WHEREAS, these regulations require every county, city and incorporated town within the Commonwealth to submit a solid waste management plan by July l, 2004, and

WHEREAS, Nelson County, Virginia has determined that it is in its best interest to be a part of the Region 2000 Planning Region for preparation of the regional Solid Waste Management Plan, and
WHEREAS, the Region 2000 Planning Region consists of the Counties of Campbell and Nelson and their respective incorporated Towns, and the Cities of Bedford and Lynchburg, and

WHEREAS, the Region 2000 Planning Region has enlisted the services of Draper Aden Associates and R.W. Beck, Inc. to complete such a plan, and
WHEREAS, Nelson County, Virginia has provided time for the public to review and comment on said plan and held a public hearing relative to the plan on February 12, 2008 and
WHEREAS, Nelson County Virginia recognizes its responsibility to notify Region 2000 should anything change from that reported in the Solid Waste Management Plan recognizing that major changes will require an amendment to the plan as required by the regulations under 9 VAC 20-130-175.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Nelson County, Virginia, has reviewed the plan and addressed the plan at their meeting in regular session on February 12, 2008 and hereby adopts the Region 2000 Services Authority Solid Waste Management Plan including the portion which applies directly to Nelson County, and authorizes its submittal to the Virginia Department of Environmental Quality.

III.   Public Comments

1.   Richard Plourde, Faber

Mr. Plourde expressed his and his neighbors’ concern regarding the potential increase in Real Estate taxes and what amenities it would be providing.

Vice Chairman Hale noted that the recently completed assessments reflect a five (5) year period. He stated that the Board will be charged with setting a tax rate that will not likely increase tax bills by as much as the increase in values but he could not say now how much the reduction in tax rate would be. He re-stated that the public hearing on the tax rate would be on April 8th at 7:30 pm and a proposed tax rate would be advertised on March 6th. He also noted the Courthouse project, the construction of the solid waste convenience centers and school funding to be funding considerations and further detail on the County’s expenditures would be provided to the public as work progressed on the FY08-09 budget.

IV.   Adjourn and Continue until February 21, 2008 (Budget Work Session)

At 8:15 PM, Ms. Brennan moved to adjourn and continue until February 21, 2008 at 5:00 PM for a Budget work session and Mr. Johnson seconded the motion. Supervisors voted unanimously by voice vote to approve the motion and the meeting was adjourned.