Board of Supervisors: Board of Supervisors Meeting Minutes- April 8, 2008

Board of Supervisors Meeting Minutes- April 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, Jr. West District Supervisor
       Allen M. Hale, East District Supervisor
       Constance Brennan, Central District Supervisor
       Thomas D. Harvey, North 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

Absent:   None

I.   Call to Order

Mr. Harvey called the meeting to order at 2:00 pm, with all members present to establish a quorum.
A.   Moment of Silence
B.   Pledge of Allegiance – Mr. Johnson led the Pledge of Allegiance
C.   Resolution – (R2008-22) Recognition of former 4-H Agent Lynn Grosz

Mr. Hale spoke about Ms. Grosz from a personal perspective noting that she will be greatly missed, and moved to approve R2008-22 Recognition of former 4-H Agent Lynn Grosz. Mr. Bruguiere seconded the motion and Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolution was adopted and read aloud:

RESOLUTION R2008-22
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION RECOGNIZING
THE LATE LYNN GROSZ – FORMER 4-H EXTENSION AGENT

WHEREAS, Ms. Lynn Grosz, former Nelson County 4-H Extension Agent has recently passed; and

WHEREAS, Ms. Grosz’s outstanding leadership and commitment to Nelson County and it’s children was evident not only through her position as 4-H Extension Agent, developing programs for children of all ages and substitute teaching, but also through her public service on the local Welfare Board of the Department of Social Services and the Keep Nelson Beautiful Advisory Committee; and

WHEREAS, her enthusiastic involvement in many local charities and community organizations such as: the Rural Health Outreach Program, the Nelson Center, the Oakland Museum Board, and the Rockfish Valley Community Center Board to name a few, served to inspire citizens of all ages;

NOW, THEREFORE, BE IT RESOLVED, that we, the Nelson County Board of Supervisors wish to hereby recognize and commend the late Lynn Grosz, former County 4-H Extension Agent, for her years of public service and community activism that served to greatly enhance the Nelson County Community.

Supervisors each offered their appreciation for Ms. Grosz contributions to the Community.

   D. Resolution-(R2008-23) Recognition of Varsity Boys Basketball Team

This resolution was considered after consideration of item II. Consent Agenda.

The Chairman welcomed the Varsity Boys Basketball team and coaches to the meeting and praised their dedication and excellent representation of Nelson County throughout the season.

Mr. Bruguiere moved to approve R2008-23, Recognition of the 2008 NCHS Varsity Boys Basketball Team, Region B, Group A Division I State Champions. Mr. Hale seconded the motion and Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolution was adopted and read aloud:

RESOLUTION R2008-023
NELSON COUNTY BOARD OF SUPERVISORS
RECOGNITION OF THE 2008 NCHS VARSITY BOYS BASKETBALL TEAM
REGION B, GROUP A DIVISION I STATE CHAMPIONS

WHEREAS, the Nelson County High School varsity boys basketball team had a 2008 regular season record of 22 wins and 1 loss, earning the title of 2008 Dogwood District Regular Season Champions; and subsequently defeating Dan River and Altavista to become the 2008 Dogwood District Champions; and

WHEREAS, the Nelson County High School varsity boys basketball team went on to defeat Luray, Altavista and Page Counties to become the 2008 Region B, Division I Regional Champions advancing to the 2008 Group A, Division I State Tournament held at the Siegel Center on the Campus of Virginia Commonwealth University in Richmond, Virginia; and

WHEREAS, the 2008 Nelson County High School varsity boys basketball team completed its historic 30 wins and 1 loss season defeating Chesterfield, Twin Valley and Surry Counties to become the Group A, Division I State Champions and the first NCHS boys basketball team in school history to win a State Championship;

NOW, THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby recognize and congratulate the 2008 Nelson County High School varsity boys basketball team, Group A, Division I State Champions, consisting of twelve players. Seniors: Thomas Brown, Chris Jones, Mike Jones, T.J. Martin, and Caleb Saunders. Juniors: Drew Apperson, Richard Morelle, Steve Washington, and Chris Wood. Sophomores: Trey Barnett and Cameron Coles. Freshman: Trevor Martin. Coached by: Head Coach Brandon Garrett and Assistant Coaches: Travis Rogers, Kelly Decker, Paul Pelter, and Marvin Martin.

Supervisors presented a mounted original copy of the resolution to Coach Garrett and original copies to all players in attendance. Supervisors reiterated their congratulations to the coaches and players on such an exciting season.

II.   Consent Agenda

Mr. Hale noted a correction to be made to the February 21, 2008 meeting minutes submitted for approval. The text should read: The requested local funding increase (add) for schools is four (4) times the normal amount.

Mr. Carter asked that item E. Resolution - (R2008-28) Endorsement of NCCDF Planning Grant Application be considered separately under item V. New Business and Ms. Brennan requested that item G. Resolution – (R2008-30) Nat’l Public Safety Dispatchers Week (April 13-19) also be considered separately. Supervisors agreed and Mr. Hale moved to approve the Consent Agenda removing Items E. & G. including the minutes as amended. Ms. Brennan seconded the motion and Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolutions were adopted:

RESOLUTION-R2008-24
NELSON COUNTY BOARD OF SUPERVISORS
APPROVAL OF MEETING MINUTES
(February 21, 2008)

RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board’s meetings conducted on February 21, 2008 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.

RESOLUTION (R2008-25)
AMENDMENT OF FISCAL YEAR 2007-2008 BUDGET
NELSON COUNTY, VA
April 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
       $ 1,745.63   3-100-002404-0001   4-100-022010-7007
          23,750.00   3-100-002404-0001   4-100-031020-5419
          18,187.50   3-100-002404-0017   4-100-021060-3160
               851.00   3-100-002404-0009   4-100-022010-5506
            1,300.00   3-100-002404-0009   4-100-022010-5413
                     $45,834.13

RESOLUTION-R2008-26
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

$2,001.12       Personal Property       Linda D. and Richmond T. Henry
                           1463 Pughs Store Road
                           Afton, VA 22922

RESOLUTION-R2008-27
NELSON COUNTY BOARD OF SUPERVISORS
FAIR HOUSING MONTH - APRIL 2008

WHEREAS, April is Fair Housing Month and marks the 40th anniversary of the passage of the Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988); and

WHEREAS, the Fair Housing Act provides that no person shall be subjected to discrimination because of race, color, national origin, religion, sex, disability, or familial status in the rental, sale, financing or advertising of housing (and the Virginia Fair Housing Law also prohibits housing discrimination based on elderliness); and

WHEREAS, the Fair Housing Act supports equal housing opportunity throughout the United States; and

WHEREAS, fair housing creates healthy communities, and housing discrimination harms us all;

NOW THEREFORE BE IT RESOLVED, the Nelson County Board of Supervisors supports equal housing opportunity in Nelson County and seeks to affirmatively further fair housing not only during Fair Housing Month in April, but throughout the year.

RESOLUTION-R2008-29
NELSON COUNTY BOARD OF SUPERVISORS
MONTH OF THE YOUNG CHILD – APRIL 2008

WHEREAS, the Central Virginia Association for the Education of Young Children is celebrating the Month of the Young Child in April, 2008, in conjunction with the Virginia Association for Early Childhood Education and the National Association for the Education of Young Children; and

WHEREAS, these organizations are working to improve early learning opportunities, which are crucial to the growth and development of young children and to building better futures for everyone in Nelson County; and

WHEREAS, all young children and their families across the country and in
Nelson County, deserve access to high-quality early education and care; and

WHEREAS, in recognizing and supporting the people, programs, and policies
that are committed to high-quality early childhood education as the right choice for children,

NOW, THEREFORE BE IT RESOLVED, the Nelson County Board of Supervisors do hereby proclaim April, 2008, as the “Month of the Young Child” and encourage all citizens to work toward high-quality early childhood education for all children in Nelson County.

Resolution – (R2008-30) Nat’l Public Safety Dispatchers Week (April 13-19)

Ms. Brennan thanked the Dispatchers for their work and read the following aloud:
Answering telephones for a living is not a profession. It is a calling. And so is dispatching. Dispatchers are the unsung heroes of public safety. They miss the excitement of riding in a speeding car with lights flashing and sirens wailing. They can only hear of the bright orange flames leaping from a burning building. They do not get to see the joy on the face of worried parents as they see their child begin breathing on its own, after it has been given CPR.
Dispatchers sit in darkened rooms looking at computer screens and talking to voices from faces they never see. It's like reading a lot of books, but only half of each one.
Dispatchers connect the anxious conversations of terrified victims, angry informants, suicidal citizens and grouchy officers. They are the calming influence of all of them-the quiet, competent voices in the night that provide the pillars for the bridges of sanity and safety. They are expected to gather information from highly agitated people who can't remember where they live, what their name is, or what they just saw. And then, they are to calmly provide all that information to the officers, firefighters, or paramedics without error the first time and every time.
Dispatchers are expected to be able to do five things at once-and do them well. While questioning a frantic caller, they must type the information into a computer, tip off another dispatcher, put another caller on hold, and listen to an officer run a plate for a parking problem. To miss the plate numbers is to raise the officer's ire; to miss the caller's information may be to endanger the same officer's life. But, the officer will never understand that.
Dispatchers come in all shapes and sizes, all races, both sexes, and all ages. They are blondes, and brunettes, and redheads. They are quiet and outgoing, single, or married, plain, beautiful, or handsome. No two are alike, yet they are all the same.
They are as different as snowflakes, but they have one thing in common. They care about people and they enjoy being the lifeline of society-that steady voice in a storm-the one who knows how to handle every emergency and does it with style and grace; and, uncompromised competence.
Dispatchers play many roles: therapist, doctor, lawyer, teacher, weatherman, guidance counselor, psychologist, priest, secretary, supervisor, politician, and reporter. Dispatchers are expected to have:
•   the compassion of Mother Theresa
•   the wisdom of Solomon
•   the interviewing skills of Oprah Winfrey
•   the gentleness of Florence Nightingale
•   the patience of Job
•   the voice of Barbara Streisand
•   the knowledge of Einstein
•   the answers of Ann Landers
•   the humor of David Letterman
•   the investigative skills of Sgt. Joe Friday
•   the looks of Melanie Griffith or Don Johnson
•   the faith of Billy Graham
•   and the endurance of the Energizer Bunny
It is a unique and talented person who can do this job and do it well. And, it is fitting and proper that we take a few minutes this week to honor you for the job that each of you do. That recognition is overdue and it is insufficient. But, it is sincere. You are heroes, and we are proud to work with you.
Ms. Brennan moved to approve R2008-30, Nat’l Public Safety Dispatchers Week (April 13-19) incorporating the previous statement as an attachment to the resolution. Mr. Hale seconded the motion and Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolution was adopted and read aloud:

RESOLUTION-R2008-30
NELSON COUNTY BOARD OF SUPERVISORS
PUBLIC SAFETY DISPATCHERS WEEK
(APRIL 13th -19th 2008)
WHEREAS, emergencies can occur at any time that require police, fire or emergency medical services; and
WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and the preservation of property; and
WHEREAS, Public Safety Dispatchers are the first contact citizens have with emergency services; and
WHEREAS, the safety of our police officers, firefighters, and paramedics is dependent upon the quality and accuracy of information obtained from citizens who telephone the Nelson County Communications Center, and whose safety is also dependent upon the continued monitoring of their activities and the provision of information by Public Safety Dispatchers to insure their safety; and
WHEREAS, the Public Safety Dispatchers of the Nelson County Communications Center have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients while exhibiting compassion, understanding and professionalism during the performance of their jobs in the past year;
NOW THEREFORE BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby declare the week of April 13th- 19th, 2008 to be Public Safety Dispatchers Week in Nelson County.
III.   Public Comments and Presentations

A.   Public Comments

1.   Linda Patrick Nicholas, Beech Grove

Ms. Nicholas addressed the Board requesting permission to erect a sign to indicate the entrance to the community of Beech Grove. She stated that the citizens there wish to preserve its identity. She noted having received landowner permission to erect the sign and showed the Board pictures of what the sign would look like. She noted that the sign would be 3’x5’ Western Cedar with a picture of a Beech Tree and the words Welcome to Beech Grove, Circa 1870, mounted on a base of dry-stack slate stone. She stated that residents will be responsible for the maintenance and upkeep of the sign and for insurance with the County being the co-insured. She also noted having spoken with Mike McCormack of VDOT who told her that the Board would need to approve the sign as a County sign. Mr. Kevin Wright in attendance noted that it sounded like the Beech Grove Group had everything in order.

Mr. Carter noted that staff had received information on the request from the Planning Director and would bring it forward for the Board’s approval. He stated that staff had no issues with the request, but would like to confirm with VDOT what needed to be done. The Board advised Ms. Nicholas that they would consider approval of the sign at a subsequent Board meeting.

B.   VDOT Report

Mr. Wright reported that there has been a 44% reduction in State funding for the Secondary Road system noting that this may affect the Board’s Secondary Six Year Plan funding priorities. He also noted the need to have a workshop on these priorities in the next thirty (30) days. He noted that due to the funding cuts, the time-frames have been pushed on the current list of priorities such that only six (6) out of the twenty-one (21) roads on the list can be done through the year 2014, with the rest being dropped from the plan. Mr. Wright noted the anticipated impact to regular construction and unpaved construction projects as follows:

Regular Construction -

- Rt. 151/613 Intersection - moved from 2009 to 2012;
- Rt. 617 - moved from 2012 to 2016 (estimated)
- Rt. 56/647 Intersection - moved from 2012 to 2017 (estimated)
- Rt. 6/634 Intersection - moved from 2013 to 2018 (estimated)

Unpaved Construction -

- Glenthorne Loop - moved from 2007 to 2008;
- Wheeler's Cove Road - moved from 2007 to 2008;
- Wilson Road - moved from 2008 to 2011;
- Phoenix Road - moved from 2008 to 2012;
- May Lane - moved from 2008 to 2012;
- Ennis Mountain - moved from 2008 to 2014; and
- All other projects (15 roads) dropped from the SSYP

Mr. Wright then commented on the continued follow-up by VDOT on the Route 151 Group’s suggestions, noting that they are waiting on some Federal Funding that was applied for. He stated that some stop bars have been moved and funding for rumble strips is being sought. He noted that they have been running accident numbers in that area and they are down and greatly improved. He noted an ensuing meeting of the group will be scheduled after the new State Police First Sergeant has been brought up to speed. Supervisors acknowledged a big improvement in that area.

In response to the Board’s questions, Mr. Wright stated the following:

-   The Tye River Rd. wash-boarding will be taken care of under the Maintenance program.
-   Local VDOT offices can do paving if staff is available and the cost is under $300,000. This is evaluated on a yearly basis.
-   Kevin will look at removal of a tree on Rt. 56 East between Lakeside LN and Shipman that has a large piece of plastic stuck in the top of it.
-   Federal Funds are paying for the repaving of Rt. 29 North up to the Albemarle County line and Kevin will check to see if center-line reflectors will be added at this time.
-   VDOT generally recycles milled up asphalt – approximately 45%.
-   Kevin will re-examine the traffic counts on SSYP roads to enable the Board to reprioritize the roads at the workshop.

The Board set the SSYP workshop for Monday, April 14th at 5pm in conjunction with the meeting to set the real estate tax rate. Mr. Wright noted that he will bring County road maps with lines noting the priority roadways, traffic counts and accident numbers.

1.   (R2008-31) Abandonment of a Portion of Rt. 613

Mr. Wright noted the proposed resolution for abandonment, stating that a new road has replaced an old one that needs to be abandoned so that VDOT can dispose of the property. He stated that the bridge was removed and scrapped and that since the new road takes the place of an old road a public hearing is not necessary.

Ms. Brennan moved to adopt Resolution R2008-31, A Resolution Stating the Vacating For Abandonment A Portion of Route 613 Located in Nelson County, Virginia. Mr. Johnson seconded the motion. Supervisors discussed the old road bed, with Mr. Wright noting that it is blended in with the terrain to obscure it. 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-R2008-31
NELSON COUNTY BOARD OF SUPERVISORS
A RESOLUTION STATING THE VACATING FOR ABANDONMENT A PORTION OF ROUTE 613 LOCATED IN NELSON COUNTY, VIRGINIA

WHEREAS, the Virginia Department of Transportation did acquire the necessary right-of-way for the relocation of Route 613 as a result of State Highway Project 0613-062-265, M503, UPC 51376, and has provided this Board with a sketch revision dated March 12, 2008 depicting the necessary area of abandonment; and

WHEREAS, a portion of the old road, being identified as Segment A-C on the referenced sketch, is deemed to no longer serve public convenience warranting maintenance at public expense; and

WHEREAS, the new road, shown as Segment A-B on the referenced sketch, serves the same citizens as that portion of the old road, shown as Segment A-C and identified to be abandoned which no longer serves a public need;

NOW, THEREFORE, BE IT RESOLVED, the Nelson County Board of Supervisors hereby abandons Segment A-C from the secondary system of state highways, pursuant to 33.1-155, Code of Virginia; and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Amherst Residency Administrator for the Virginia Department of Transportation.

IV.   Unfinished Business

There was no Unfinished Business considered.

V.   New Business

Resolution – (R2008-28) Endorsement of NCCDF Planning Grant Application

Mr. George Krieger of the Nelson County Community Development Foundation (NCCDF) addressed the Board regarding his request for the Board’s approval for Mr. Carter to sign a letter of interest in seeking planning grant funds through a Community Development Block Grant in 2009. He noted he would be seeking $20,000 to $30,000 in grant funds and that utilizing these funds would not obligate the County to seek future grant funding. He stated that budgetarily, the $180,000 in HOME funds that the County allocates to NCCDF, which was used to purchase the 2 sites for the proposed project, could be used as the County match if the project moved forward past the planning stages.

Mr. Krieger reported the following in regards to the proposed project:

Twenty years of experience in serving the LMI housing needs in Nelson County with First Time Homebuyer, Indoor Plumbing Rehab and emergency repair programs, and seven years of managing a Housing Choice Voucher Program have made us realize that the lack of safe, affordable rental housing for LMI workforce families is the greatest obstacle preventing them from saving money and moving towards homeownership. Rental property in Nelson County available to LMI families falls into three categories:

➢   Older homes (1930-1960) that are large, poorly-insulated and energy inefficient.
➢   Old mobile homes with structural and mold issues, and debilitating heating and cooling bills.
➢   Newer modular homes being built by modular dealerships and renting at $1,200/month plus security deposit.

High rents, high energy bills and poor environment combine to prevent families who want to move ahead from being able to do so by sapping any potential for savings to address credit issues, save for general expenses or housing down payments.

Market forces provide LMI families with only two choices: to rent from the existing stock at the prevailing rate, with high energy bills, or buy a new home at the starting price of $200,000 in an increasingly tight mortgage market.

The opportunity that is missing for LMI families is the opportunity to rent, with an option to purchase, an energy-efficient, accessible and visitable home. Our project will create Rent-to-Own housing that will rent for 30% of the family’s gross income, and allow them, after a trial period of 12 months, to assign 15% of their rent to a savings account designed to build a down payment over the next year. Families learn to budget their income to cover expenses and work toward the ability to pay a monthly mortgage and escrow.

The project will include the formation of a Homebuyers Club in association with Piedmont Housing Alliance. Renters considering purchasing a home would be required to complete a program and receive a certificate. Sessions will cover budgeting, personal finance, mortgage education, home maintenance, predatory lending and basic home maintenance and skills.

TIMELINESS

The current economic slowdown, especially in the housing market, makes this an excellent time to be bidding construction projects, and this will probably remain the situation for at least three years.

Because of escalating cost of land, NCCDF has been acquiring and “banking” land for future projects while it was affordable. The two sites proposed for development under this grant are both owned, with no liens, by NCCDF, and are appropriately zoned for housing development. One site is served by county water and sewer, and the other is served by county water. Each is located adjacent to major roadways.

NCCDF is an experienced and responsible developer, with a track record of successful CDBG housing development.

PROJECT DESCRIPTION

Workforce Rental Housing Development for LMI. Project plans for construction of 14 energy-efficient, accessible; Rent-to-Own units on two sites owned by NCCDF and served by public water and sewer facilities.

Population Served:   Low and Moderate Income working families at 80% or less of area
median income with emphasis on serving those at 50% to 70%.

This is a Capital Project that plans to construct three duplex units (six total units) on six acres of land in Roseland, owned by NCCDF and served by county water and sewer, and four duplex units (eight total units) on 12 acres of land in Shipman, owned by NCCDF and served by county water. The unique Rent-to-Own component allows workforce families to save a down payment and learn about budgeting and the responsibilities of home ownership as they move toward purchase of their home, if they chose.

CDBG funds will be sought to offset infrastructure development costs for water and sewer services and road construction. Funds for home construction will be sought through Rural Development, Federal Home Loan Bank of Atlanta and VHDA. NCCDF will provide some HOME funds, and seek additional private sector grants. He noted that this program is fairly non-traditional which may be an obstacle in obtaining grant funding and that the Federal requirement that rent be set at no more than 30% of the tenants’ income is a programmatic design challenge. Mr. Krieger then discussed some positive aspects of the two sites, such as the availability of public water and sewer.

Mr. Krieger noted the potential for funding from the FHLB of Atlanta, who has $1 million in direct subsidy funds that they can go after. He also stated that the project is estimated to take three (3) years to complete and discussed project funding sources as follows:

CALAS grant - $75,000 Challenge grant from CACF (NCCDF is one of five finalist for this grant award this year). Matching funds: HOME Funds - $120,000 + $60,000 = $180,000 (Land)
RD funding, DHCD funding,    Oak Hill Fund energy grants,    CHDO funds - $150,000 CHDO set aside grant for Nelson County in 2010, VHDA, and    FHLBA

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

-   $68,400 is the median household income for Nelson County
-   In the event of a re-sale of one of these homes, the owner would only be able to realize the sale price of the house and not capitalize on the value of the land and infrastructure due to its ownership being retained by the NCCDF.

Mr. Carter noted enthusiastic support for the initiative, but noted that CDBG is a competitive process with a grant funding ceiling and Blue Ridge Medical Center is also interested in seeking funding. He noted having met with Mr. Krieger to discuss this, with Mr. Krieger acknowledging that he doesn’t see the two as having competing interests and would be happy for BRMC to get CDBG funding. He stated that they are interested in positioning themselves to go after this funding when the opportunity arises.

The Board, Staff and Mr. Krieger discussed public water utilities and a potential extension of the Roseland water line with DEQ grant funds. Other alternatives to provide water to the Roseland site were discussed.

There being no further questions from the Board, Mr. Johnson moved to approve resolution R2008-28 Endorsement of The Nelson County Community Development Foundation’s Application for DHCD Planning Grant Funding. Ms. Brennan seconded the motion and Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolution was adopted:
RESOLUTION R2008-28
NELSON COUNTY BOARD OF SUPERVISORS
ENDORSEMENT OF THE NELSON COUNTY COMMUNITY DEVELOPMENT FOUNDATION’S APPLICATION FOR DHCD PLANNING GRANT FUNDING

WHEREAS, the Nelson County Community Development Foundation (NCCDF) has identified the lack of safe affordable rental housing for low-to-moderate income workforce families to be the greatest obstacle preventing them from saving money and moving towards home ownership; and
WHEREAS, NCCDF proposes that the County submit an application for planning grant funding from the Virginia Department of Housing and Community Development on its behalf, to fund the planning stages of a project to establish rent-to-own workforce housing for low-to-moderate income families, to address these issues in Nelson County;
NOW, THEREFORE BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby endorse the Nelson County Community Development Foundation’s proposed planning grant application; and
BE IT FURTHER RESOLVED, that said Board authorizes Stephen A. Carter, County Administrator, to sign the requisite letter of intent in applying for Virginia Department of Housing and Community Development planning grant funding, on behalf of NCCDF.
VI.   Reports, Appointments, Directives, and Correspondence

A.   Reports
1.   County Administrator’s Report

Mr. Carter gave the following report:

1. Courthouse/Government Center Project – Wiley and Wilson (R. Vaughan) has reported that they are working to complete and submit by April 18 a report encompassing thirty-five percent (35%) design of the project. W&W has completed a Hazardous Materials Report on the brick jail structure and Health Department roof, both of which contain asbestos with the jail structure also containing lead paint (both material findings will result in abatement responsibilities). W&W will meet with County staff on April 9 to address locations for all data outlets and to review proposed locations for installation of closed circuit TV cameras (i.e. security). W&W is pending receipt of a final site survey from Saunders Surveys, which is necessary for completion of the final design. Professional Geotechnical Services LLC (PGS) completed initial geotechnical work during the week of April 1. The County Attorney has received documentation to provide for completion of the purchase of the adjacent property necessary for the project’s completion. And, staff is working towards a recommended plan of finance, which may or may not include funding available from USDA-RD.

Mr. Carter noted that an MOU with USDA-RD calls for Federal Agency review which may slow the project down.

2. Piney River 3 Project: The project’s construction (all phases) is on schedule. Phase I is nearing completion (projected by 6-15). Phase III, which is the largest of the three phases is proceeding well although the contractor has continued to encounter multiple utility lines (telecommunications) in the construction zone, which were not able to be identified during the design phase. This has resulted in slower progress due to the necessity to hand dig the installation lines. Additionally, the Phase III contractor (Commonwealth) has deviated from the design drawings and installed several hundred feet of piping on private property rather than in the prescribed utility easement. This has resulted in an effort to secure additional utility easements from property owners, which to date is proceeding well. There is at present one instance of a property owner requesting payment for the removal of a tree located in a temporary construction easement. This matter is under review for purpose of identifying responsibility and/or, if so determined, compensation. The project is within budgetary outlays.

3. Collection Centers Project: The Shipman and Massie Mill collection sites are complete and turned over to the County. Mid-Atlantic Waste Systems (Bedford, VA office) began delivery on April 7 of solid waste equipment (four recycling containers) but has not indicated when it will complete all equipment deliveries (4-17 is the contract requirement). Public notices will be advertised in the Nelson County Times on April 9 and 16 regarding closing of un-staffed collection sites and the opening of the staffed facilities by not later than 4-28 (site attendant personnel have been employed and trained for start up of each collection station). A decision is necessary regarding maintenance of the Blackrock Collection Site, as staff plans to order the balance of equipment necessary for all collection sites (i.e. orders have been placed for equipping the Shipman, Massies Mill and Rockfish staff sites). Sealed bids were received on March 31, 2008 for the purchase of solid waste roll off trucks and hoist equipment. Unfortunately, due to several of the contractors noting exceptions to bid requirements the decision was made to reject all bids and reissue the bid solicitation, which has been done with bids due on 4-16. An expected outcome of the second bid process is the delayed commencement of the County’s assumption of collection responsibilities from Waste Management. Staff anticipates position (job) descriptions for employment of operators of this equipment to be presented to the Board at the April 24 meeting for approval consideration with recruitment to begin thereafter.

4. FY 08-09 Budget: Staff recommends the scheduling of a budget work session following the April 8 public hearing on the general reassessment/real estate tax rate and by not later than April 16. The session will provide for a final decision on the RE Tax rate, continued work on finalizing the ensuing fiscal year budget and scheduling of a public hearing on the FY 08-09 budget. Related thereto, the Director of Finance’s monthly report (attached), which will be discussed with the Board during the day session on 4-8, provides an update on the FY 08-09 Budget and includes a summary discussion regarding the County’s receipt from the Department of Planning and Budget and state Compensation Board of state budget cuts that will be incumbent upon the County. Mr. Carter noted these cuts to be approximately $100,000.

5. Broadband Project: A Request for Information (RFI) will be submitted on April 9 to telecommunication service providers (i.e. Verizon, Ntelos, CVEC, Nelson Cable, etc.) to solicit their interest in establishing and/or current plan to establish broadband services within Nelson County, including any interest in working directly with the County in doing so. Responses from service providers to the RFI are to be returned to the County by April 25. The project’s ensuing steps thereafter include follow up with interested service providers, drafting a final project report with recommendations and potential funding sources and with the approval of the Board pursuing funding opportunities for implementation of broadband services (most likely in a phased approach).

Mr. Carter clarified that potential funding sources are to be identified by the planning grant consultant as an outcome of their work, which could include the County in their final report. Mr. Bruguiere noted he was in favor of finding grant money and not in favor of funding the implementation of Broadband with taxpayers’ money.

6. Blue Ridge Tunnel: Staff is finalizing the application to the federal Internal Revenue Service for establishment of a 501(c) non-profit organization (Crozet Tunnel Foundation) to provide for fund raising for the project’s completion. County representatives (F. Boger and A. Hale) have met with the project’s lead consultant, the Whitesell Group (Gene Whitesell) to discuss the project’s final design phase, including reduction of the overall cost proposal, which exceeds available funding.   Receipt of appraisals for property acquisitions on both sides of the tunnel is expected by 4-30. The County will then proceed to negotiate the purchase of property from two, perhaps, three private property owners, with the source of funding being a grant from VA-DCR and, if necessary, previously awarded Transportation Enhancement Grant funding from VDOT.   Mr. Carter noted that a Final Master Plan will be brought to the Board for approval as a condition of establishing the 501(c) non-profit organization (Crozet Tunnel Foundation). Mr. Carter noted the use of TEA grant funding in the amount of $600,000 for the project with a balance remaining of approximately $300,000.

2.   Board Reports

Mr. Johnson: No report

Ms. Brennan: Ms. Brennan noted attendance of the following meetings:

-   Regional Housing Conference
-   Annual Home Show focusing on energy efficiency
-   2x2 with WPI & Staff: discussed recruitment of local personnel & personnel policies, and the promotion of other County venues for Wintergreen Guests. The Hotel project is still being worked on.

The Board briefly discussed the use of County tourism brochures at Wintergreen and the status of resort and valley restaurants.

-    Meeting with Staff, Health Department and NCCDF concerning the possibility of the Health    Dept. relocating at the Nelson Center. Mr. Carter noted that sufficient space had been    allotted with Health Department funding in place that would require an annual local match of    $21,000 for 20 years to secure approximately $1.5 million in funding. He noted the potential    for DSS funding for co-location with the Health Dept., the possibility of co-location of    DSS & the Health Dept. with Blue Ridge Medical Center and that more information on    this would be forthcoming in order to determine which avenue to explore.
-    Alberene Soapstone Co. meeting & tour, would like to get on N.C. tourism list.
-    Senior Action Committee
-    Dental Advisory Committee, trailer at RVCC is the one belonging to BRMC and is there    temporarily, dentist there twice/week, 100% appointments kept, noted Grand Opening in    May.
-    TJPDC, Consolidated Plan and Home Action Plan public hearing was held. Reported that    homelessness is on the increase in terms of families doubling up with one another and the    number of homeless children has increased.
-    Regional Transportation meeting – UNJAM to be held
-    Food Security Council meeting

Mr. Hale:

- Welfare Board meeting: Noted that Frank Wood’s term is ending and he is not seeking re-       appointment and the unexpired term of L. Grosz will need to be filled. The Board & Staff    discussed that the terms of appointments made by District, should coincide with the terms of    their District BOS member.
- Discussed Rail Transportation, noting that C’Ville Rail was in discussions with Amtrak to add    another train from Lynchburg to Washington D.C. but approvals are needed. Mr. Hale noted    that the lack of a National Transportation Policy has held the U.S. back in advancing passenger    rail travel.
- Reported that the Whitesell Group had proposed fees of more than the County’s available    funding of $300,000 and that they were supposed to send staff additional information. Mr.    Carter noted that this information had not yet been received. Mr. Hale noted the importance of    trying to get bids/quotes from smaller firms that may be less expensive than some of the larger    ones that have been retained to date, but acknowledged that this can be difficult. Mr. Carter    concurred stating that the County solicits smaller firms/companies whenever possible, but that    sometimes retaining smaller firms can also result in higher costs.

Mr. Bruguiere: No Report

Mr. Harvey: No Report

B.   Appointments
2.   Region Ten Community Services Board
a.   Kathy Tolton Resignation
b.   E. Weston Matthews Application for Appointment

Ms. McGarry noted that the Region Ten CSB vacancy due to Ms. Kathy Tolton’s resignation had been advertised with no additional interest received to date. Mr. Johnson noted Mr. Matthew’s qualifications and moved to appoint Mr. E. Weston Matthews to the Region Ten Community Services Board. Ms. Brennan seconded the motion and there being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the appointment.

Ms. McGarry noted that there are quite a few appointments expiring on June 30, 2008 and stated that she will compile a list of these to be sent out to the Board for use in recruiting for these seats.
C.   Correspondence

Mr. Carter noted correspondence from the County Attorney on the previous question of whether or not the Board had any authority to change the recent re-assessment; with his opinion being no.
D.   Directives

Mr. Bruguiere – None

Mr. Hale –

•   Noted the need to discuss the County Administrator’s performance evaluation in closed session, with Supervisors wanting to discuss this after completion of the FY08-09 Budget.

Ms. Brennan –

•   Noted receiving a letter concerning the tower at High-Top and inquired about having two (2) shorter towers on High-Top instead of one taller one. Mr. Carter noted that the State Police has tower height requirements to implement the STARS system and will build the tower & pay for maintenance also allowing co-location. Supervisors briefly discussed the issues surrounding this tower and discussed having Susan Rorrer report on this issue. Mr. Carter noted that she has been reporting on this in her monthly reports, however she will be scheduled to report on this in person.

•   Inquired about the plan for the Montebello & Gladstone trash sites, with Mr. Carter noting that they are planned to be open with compactors. Mr. Carter reported briefly on site issues with the Montebello property owner & the establishment of an agreement that will overcome these issues.

•   Inquired about follow-up communications from the Heritage Center with Mr. Carter noting that there has not been any follow up from them.

•   Inquired as to Financial Advisor status, with Mr. Carter noting that the County will have to pay fees for this work going forward, whereas Davenport had been doing this work gratis after having served as the underwriter on a previous financing. Ms. McGarry noted that the County’s auditors had advised that the County should avoid the conflict of interest that results from having an underwriter also serve as Financial Advisor. She stated that these issues remain to be ironed out, with the possibility that an RFP for a Financial Advisor may need to be issued to secure these services. Mr. Carter noted that he would follow-up on this and report back at some point.

Mr. Johnson - None

Mr. Harvey –

•   Check with Maintenance to see if roof stack at the Heritage Center has been fixed.

Following Directives, the Board discussed logistics for the public hearing to be held during the evening session at the Nelson Middle School.

VII.   Recess and Reconvene for Evening Session

At 4:40 p.m., on a motion by Ms. Brennan, and seconded by Mr. Hale, Supervisors voted unanimously by voice vote to recess and reconvene for the evening session at 7:30 p.m. at the Nelson Middle School Auditorium.

EVENING SESSION

7:30 P.M. – NELSON COUNTY MIDDLE SCHOOL AUDITORIUM

I.   Call to Order

Mr. Harvey called the meeting to order at 7:30 p.m. and then read aloud the public hearing procedures for the public and invited Board members to give opening comments.

Mr. Bruguiere welcomed the public encouraging their participation in local government and asked for constructive ways to save money as well as provide the services wanted. He noted that constructive criticism is welcomed.

Mr. Hale welcomed the public and noted that the public hearing is to discuss two (2) things, the reassessment and the tax rate which the Board will subsequently determine. He noted that the assessed values received were determined at the peak of real estate valuations at the end of 2005 and in 2006 and is a dramatic increase following the last reassessment done five (5) years ago. He noted a couple of examples of this increase in his District. In conclusion, Mr. Hale noted that the reassessments reflect what they are supposed to and that is 100% of market value at the time of assessment and he acknowledged that the present economic downturn has dampened the current real estate market.

Ms. Brennan welcomed the public and noted that most citizens have concerns about those who are going to struggle paying increasing taxes. She noted the difficulty in determining the tax rate especially in times when budgetary needs are big. She noted that the State has cut funding in the amount of hundreds of thousands of dollars that will have to be made up. She noted that the Board is maintaining the Land Use program with those in the program to not pay more and the criteria for the Elderly and Disabled Tax Relief program has been improved so that more citizens will be eligible. She noted that the County staff has worked hard to provide the tools the Board needs to make necessary budgetary decisions and that Nelson County is recognized as one of the most fiscally responsible Counties in the State. The County maintains a AAA bond rating, which is unusual, and allows the County to borrow money at lower rates. She noted the need to find other means besides the real estate tax to raise the revenue the County needs and that the Virginia Association of Counties is looking at proposing new ways of taxing citizens by restructuring of Virginia State Taxes that would have little impact on most citizens. She concluded by stating that the State Legislature is responsible for the economic state we are in now by passing on the burden of implementing tax increases to localities.

Mr. Johnson welcomed the public and thanked them for coming. He described the impact that buying low and selling high has had on property values and noted this to be the driving force behind the large increase reflected in the assessments. He noted the State Legislature raised taxes not by increasing the income tax, which would more affect those with the ability to pay, but by causing localities to increase property taxes, which affects us all. He noted the funding needed for the Courthouse Project, and for funding the State cuts to education. He noted that Community preservation is important and is maintained through schools, services provided, and the way we take care of our seniors and ourselves which is a long-term battle. He noted that most of the budget after funding the Courthouse, Schools and other State funding cuts has been level funded or increased by 2%, not even meeting the cost of living increases, in order to keep the real estate tax rate down. He encouraged the public to speak its mind about what is important to keep Nelson County a community.

Mr. Harvey then turned the meeting over to Ms. McCann, Finance Director to give a power point presentation over viewing the reassessment which noted the following:

•   Periodic reassessments are required by law;

•   Market forces continually change the value of one property in relation to another;

•   The reassessment must, by state law, be conducted by a professional assessor certified
        by the Virginia Department of Taxation;

•   General reassessments of real estate are required by state law to be made at 100% of
        fair market value;

•   The assessors completed a market study and sales analysis to establish fair market value
       of property based on 2005 and 2006 sales data;

•   Neither the Board of Supervisors nor the Commissioner of Revenue have the legal
       authority to change the assessment values as determined by the assessors;

•   Property owners may appeal to the Board of Equalization, with the deadline to file an
       application for appeal on April 15th. Hearings will be held between April 7 and April            26. Call 434-263-7075 for an appointment;

•   For a period of 3 years from the effective date of the reassessment, a landowner may
       apply to the Nelson County Circuit Court for relief;

•   The 2008 reassessment was an overall increase of 107% in valuation;

•   The advertised tax rate of $0.59 per $100 of assessed value would be a rate increase of
       52.86% and an average of 10.6% increase per year since the last reassessment (2003).                 This would be a General Fund budget increase of 4.74%;

•   After budget work sessions, the Board is considering a tax rate of $0.55 per $100 of
       assessed value, an effective rate increase of 42.5% and an average increase of 8.5% per         year since the last reassessment (2003). This would be a General Fund budget increase                 of 1.9%;

•   The proposed budget includes two new initiatives - the new courts facility to house
       General District and Juvenile & Domestic Relations Courts, Law Enforcement and a            new Emergency Operations Center; and a Capital Improvements Set Aside to address            maintenance and improvement needs of current county and school facilities;

•   The operational budget impacts on this year's proposed budget include - reduced state
       funding for education based on a revised composite index; overall reduction in all state            aid to localities; and anticipation that local sources of revenue will be level or decline             somewhat based on current economic trends.

II.   Public Hearings

A.   2008 General Reassessment (Real Property Tax Rate)

Chairman Harvey then opened the public hearing and the following persons were recognized:

1.   John Breckinridge, Stoney Creek

Mr. Breckinridge stated that the declining economy should have an impact on the re-assessment and that the last two (2) years worth of increase in real estate values, approximately 21% should be adjusted out. He then quoted multiple headlines of the Wall Street Journal regarding the current economic downturn.

2.   Leslie Rodgers, Lovingston (School Division Employee)

Ms. Rodgers stated that high assessments are only valuable if the land is to be sold and she noted the increase in capital prices for farmers. She stated that the current allocation for school funding is inadequate to provide quality education and that the funding of other things should be postponed to give more funding to the schools.

3.   Ted Taylor, Walker’s Mountain Road

Mr. Taylor stated that he supports a tax increase for school funding and agrees with Ms. Rodgers, the previous speaker.

4.   Don Burland, Stoney Creek

Mr. Burland stated he appreciates the Board’s position and that he supports a $.55 per $100 tax rate and noted the rate to be lower than surrounding locality rates, which he quoted. He noted substantial reductions made during the budget process and that without a substantial business tax base the County must rely more heavily on property taxes for support. He noted the importance of education to draw in new businesses and stated support for not cutting the schools back even further; noting that $.55 per $100 is a good compromise between easing the taxpayer burden and providing the necessary services in the County. He then stated that the County cannot afford to reduce its revenue further.

5.   Jim Whitley, River Road

Mr. Whitley noted disagreement with the methodology of the assessment, specifically using 2005-2006 values for a 2008 assessment especially in a declining market and gave examples of “erroneous assessments”. He argued against the use of a professional assessor and suggested that this drives up prices artificially, contributing to the savings and loan and sub-prime mortgage crisis. He suggested that a professional assessor does not give reliable data and suggested that County citizens do future assessments.

6.   Roger Collins, Nellysford ( School Division Superintendent)

Dr. Collins thanked the Board for its support, noted the schools’ accomplishments and spoke in favor of setting a tax rate as close to the advertised rate of $.59 as possible in order to provide for more school funding. He noted that the school division is adjusting staffing due to declining enrollment, but noted that retaining quality employees through competitive salaries is essential.

7.   Ed Ely, Roseland

Mr. Ely suggested that the Board look at other localities facing similar problems for ideas. He suggested implementation of a local option tax control act that is present in other States that allows local governments to set their own property tax rates after a certain base is defined and there is a referendum to increase the amount over the cap. This is used a means of fiscal control. He also suggested the use of a local option sales tax of $.01 and suggested it would raise over $1 million per year. He spoke in support of maintaining the Land Use Program.

8.   Carlton Ballowe, Faber

Mr. Ballowe commended the Board for its work on the budget. He noted that the big ticket item is the school division budget accounting for a significant increase. He stated that the Board is charged with setting a meaningful overall limit of increase for the schools that is sustainable long-term and fiscally responsible. He stated that there are no studies that show a correlation between the level of funding and the quality of education provided. He noted not being against education, but is supportive of limiting the increases to affordable levels.

9.   Hank Gibbs – yielded time to Jim Whitley, River Road

Mr. Whitley suggested asking the judge to postpone the Courthouse project, freezing the budget at current levels, giving citizens control over assessments by beefing up the Board of Equalization to re-do the assessments. He expressed concern about foreigners being able to buy up property at a discount because of the current exchange rates.

10.   David McGann, Crawford View Rd., Afton

Mr. McGann spoke against the increase in real estate values and stated concern about the elderly being able to afford them and keep their property. He gave personal examples of how this affects him and his family. He stated the Board should set values at what people can afford to pay on and not how much it could sell for. He questioned the knowledge of the professional assessors, stating that they are wrong and suggested using local people to do the assessments.

11.   Christine Nardi, Lovingston

Ms. Nardi acknowledged the Board’s support of education and spoke in support of full local funding of the school budget request, to bridge the funding gap; noting that quality education aids in attracting businesses and new families to the County.

12.   Ed Wodicka, S. Powell’s Island Road, Arrington

Mr. Wodicka spoke in favor of funding for the schools and against the work done by the professional assessors.

13.   Dee Davis Wells, Schuyler

Ms. Wells suggested knocking 20% off of the top of all assessments and that the Board adopts a budget and tax rate based on need and not desires. She noted concern about the tax burden for citizens.

14.   Jill Averitt, Nellysford

Ms. Averitt spoke in favor of funding the school budget as proposed and quoted per student expenditures in Nelson County as compared to the higher National Average.

15.   Gordon Koerner, Shipman

Mr. Koerner commended the Board for its work and lowering the proposed tax rate as much as it has and stated that he is okay with a fair appraisal. He noted the loss in revenue to the County for maintaining the Land Use program and stated that the program is intended to cover land owners who add back to the revenue base and is not meant to be tax relief for large land owners. He stated that he is against forestry land use and maintaining large tracts of land for privacy. He stated that citizens not in the program are subsidizing those who are in Land Use. He rebutted the argument that the costs of services are lower and stated that it doesn’t have anything to do with paying one’s fair share. He suggested that better management of the Land Use program is needed and questioned funding of the schools in their current state of disarray.
16. Edward McCann, Massies Mill (School Division Employee)

Mr. McCann spoke in support of the Land Use Program and school funding; and suggested the Board look at raising personal property taxes as a means of raising revenues.

17.   Joan Rothgeb, Shipman

Ms. Rothgeb noted her agreement with Mr. Whitley, questioned the assessors’ methods, and expressed concern about the tax burden on Nelson County citizens.

18.   Andrew Hickman, Beech Grove Road, Nellysford

Mr. Hickman stated that he and other elderly citizens cannot afford a tax increase on a fixed income and asked the Board to consider the elderly whose social security will only increase by 2.3%.

19.   William Ledford, 200 Rock Creek Lane, Afton

Mr. Ledford noted the difficulty of the added tax burden for people on a fixed income and those who are struggling to meet basic needs.

20.   Ed Ely, Roseland

Mr. Ely spoke in favor of the Land Use program and disputed that it is a tax subsidy; noting increasing costs of farm input prices. He also noted disappointment with the overall SAT scores coming out of the school system and suggested the County explore alternatives such as district partnerships and charter schools.

21.   Gordon Koerner, Shipman

Mr. Koerner clarified his earlier comments regarding Land Use, stating he has no issue with those in the program who are agricultural producers contributing to the economy and his biggest issue is the forestry part of the program.

22.   John (Jack) Breckinridge, Stoney Creek

Mr. Breckinridge spoke against moving forward with the Courthouse project at a cost of $8.5 million dollars.

There being no other persons wishing to be recognized, the public hearing was closed.

Mr. Harvey thanked the public for its input and noted that all comments will be carefully considered. He stated that the FY08-09 budget is a work in progress, but that the tax rate has to be set before the work on the budget is complete, in order to get the tax bills out on time. He then asked each Board member for comments on the input that had been received.

Mr. Bruguiere noted having no comments, but invited the public to attend the budget work sessions to better understand where the money is going and to participate in the budget public hearing process.

Mr. Harvey explained that the tax rate will be set at the Board’s next meeting on April 14th at 5:00 pm and explained that the Board can only lower the rate from the one that was advertised for public hearing. He noted the advertised rate of $.59 and that the Board, through its budget deliberations has gotten the rate down to $.55, but it is still a work in progress.

Mr. Hale thanked the public and noted that the Board will consider the comments made. He noted the difficulty in being pulled in different directions on funding issues. He noted that the Courthouse project costs have been significantly brought down since the beginning stages of the project, with the bare minimum being the final scope. He noted that not doing the project was not an option and the Circuit Court Judge has patiently waited while the priority was placed on the building of new schools. He noted that the primary necessity for the facility was for security purposes and handicapped accessibility compliance. He noted the Board’s efforts to cut the project back and reduce the County budget. He noted that the Board cannot change the current assessment, but can evaluate how it is done in the future. He stated that additional budgetary reductions will be considered carefully.

Mr. Johnson noted the Board is dealing with things beyond its control such as State cuts for VDOT funding of 44% and the State’s re-setting of the Composite Index to the County’s disadvantage. He asked for the public to talk about the budget and provide input to the Board. He suggested citizens contact State Legislators to request that they deal with the State’s issues honestly by addressing funding issues at the State level and not forcing localities to make up the difference by raising real estate taxes. He stated that the current increase is necessary for the County to only break even.

Ms. Brennan concurred with fellow members’ comments and asked for public participation in the budget process. She noted that the school system has always been the top priority of the current and previous Boards. She noted the importance of staying competitive in education by retaining quality teachers. She noted that reducing the tax rate by one penny means cutting $260,000 out of the budget which is hard to find. She noted being very concerned by some of the affects that the current assessment may have on the lives of some citizens and stated the Board will be discussing it. She also noted that there is a lag time, typically two (2) years to conduct an assessment, the assessors were certified and the Code of Virginia requires that the County hire assessors who have been certified by the State and that by law, the County cannot just appoint a citizens committee to do the assessments. She advised the public to contact State Legislators regarding how their decisions affect citizens at the local level and that a tax restructuring at the State level is needed so that localities are not so dependent on real estate taxes. She noted that the County cannot do anything unless the State says it can, since Virginia is a Dillon rule state, which ties the hands of local officials. She stated that the lottery money for schools is a shell game, with lottery money going into the State’s General Fund and the money that was dedicated for schools is going somewhere else. She also addressed the issue of renters who don’t pay the higher real estate taxes, but do pay higher rents so that the property owners can pay the taxes. In conclusion, she thanked the public and reiterated the invitation to participate in the budget process noting it is a work in progress.

Mr. Harvey commented on reducing the budget numbers, noting that the schools represent 72%-75% of the budget, which means to make any impact on the budget, the reduction would have to be there. He also noted that about 75% of the school’s budget is salaries, so unless staffing is addressed, their hands are tied. Mr. Harvey spoke favorably of the school system and its successes. He commented on the greater taxing ability of Cities than that of Counties in response to the suggestion to implement a local option sales tax and other taxes. He noted that the County has employed the taxing powers allowed and sited the meals and lodging tax that the County implemented in order to help fund the construction of Rockfish Elementary School. In reference to the Courthouse, Mr. Harvey stated that it would be his preference to not build the Courthouse right now, but delaying it would not allow the County to take advantage of the fact that contractors are looking for work right now, which may result in a lower cost. He noted the reduced scope of the project to be done now and reiterated the patience of the Judge in waiting for the much needed security upgrades. He described the current security conditions in the J&D and General District Courts and stated that something must be done. He noted the project will go forward and will be further evaluated for additional cost savings. He noted that the Board is empathetic with the public’s concerns about the economy and noted the need for everyone to work together. In conclusion, he thanked the public for coming and noted appreciation of the courtesy that has been shown the Board. He then asked for the public’s help in making sure that elderly citizens are aware of the Elderly and Disabled tax relief that is available. He asked that citizens help the elderly contact the Commissioner of Revenue’s office, and help them apply for the relief to ensure they get the help needed.

The Board then considered Public Comments (other than on the tax rate) prior to consideration of Other Business.

III.   Other Business

There was no Other Business considered by the Board.

IV.   Public Comments

1.   Walter Lemon Hughes, East Branch –Roseland

Mr. Hughes spoke against spending so much on the Courthouse project, stating that there is nobody in the Court rooms on a weekly basis. He agreed that it might not be up to State standards, stated that it should cost less to improve it, and suggested re-arranging the interior of the Court rooms to improve the security rather spending millions of dollars.

2.   Joe Rednagle

Mr. Rednagle questioned where the Assessors came from with Mr. Harvey responding that they are out of Roanoke, are a reputable firm and one of the best in the business.

3.   Dee Davis Wells, Schuyler

Ms. Wells questioned whether or not Rural Development funds could be used to fund the Courthouse at a lower interest rate, with Mr. Harvey noting that every funding source is being explored, those funds included.
4.   Gordon Koerner, Shipman

Mr. Koerner questioned the income limits that apply to the Elderly & Disabled Tax Relief Program stating that counting the income of those living in the household, in order to help the applicant, often times disqualifies the applicant and is a flaw in the program. Mr. Harvey noted that these limits are reviewed on a yearly basis.

5.   Walter L. Hughes, Roseland

Mr. Hughes questioned the roles and functions of the Superintendent of Schools, Assistant Superintendents and Assistant Principles. He questioned the quality of advice given to the Board by the County Administrator and his role and functions. He questioned the necessity of all Assistants in local government. He spoke about certain occupations being a calling such as teachers and law enforcement; noting that they are in the wrong business if they are in it for the money. He stated that the Board has the ability to eliminate some of these non-functional positions that are costing so much money.

6.   David McGann, Crawford View Rd.

Mr. McGann asked the Board to do something to help the elderly; noting that most elderly in Nelson County won’t ask for help. He reiterated that the assessors cannot be trusted and did not re-evaluate his property as they said they would and suggested he doesn’t mind paying taxes if it is right.

Mr. Harvey noted for the public that the local five member Board of Equalization appointed by the Board of Supervisors would be conducting its work, with the application deadline being April 15th. If no satisfaction is gotten at the BOE level, the next course of action would be to go to the Circuit Court. He announced that the next budget work session would be held on April 14th at 5pm with the tax rate being set at the end of that meeting. Mr. Harvey also thanked the High School staff, Mr. Scott Belcher and Ms. Diana Driver for their help in working the sound system.

The Board took a short break at 9:40 pm prior to considering Other Business.

V.   Adjournment

   At 9:45 pm, Mr. Hale made a motion to adjourn and continue the meeting until 5:00 pm on April 14th in the Board of Supervisors Room in the Courthouse, Lovingston Virginia. Mr. Johnson seconded the motion and Supervisors voted unanimously by voice vote to approve the motion and the meeting adjourned.