Board of Supervisors: Board of Supervisors - Meeting Minutes April 24, 2008

Board of Supervisors - Meeting Minutes April 24, 2008

Virginia:

AT A REGULAR MEETING of the Nelson County Board of Supervisors at 7:30 P. M. in the Board of Supervisors Room located in the Nelson County Courthouse.

Present:     Thomas D. Harvey, North District Supervisor
   Thomas H. Bruguiere, Jr. West District Supervisor
       Joe Dan Johnson, South District Supervisor
   Allen M. Hale, Vice Chairman, East District
       Constance Brennan, Central 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, Director of Planning and Zoning

I.   Call to Order

Mr. Harvey called the meeting to order at 7:30 p.m. with all Supervisors present to establish a quorum.
A.   Moment of Silence

B.   Pledge of Allegiance – Ms. Brennan led the Pledge of Allegiance

Supervisors agreed by consensus to consider item III. Public Hearings, as the first order of business.

II.   Consent Agenda

The Board agreed by consensus to consider the Consent Agenda items separately as follows:

A.   Welcome to Beech Grove Sign (R2008-34)

Mr. Carter noted that according to VDOT procedures, the Board must approve the sign by resolution, with Mr. Bruguiere noting it being like their approval of the Nellysford sign. The Board briefly discussed the potential pitfalls such as insurance, but noted that the Beech Grove group seemed to be well aware of things and proactive.

There being no further discussion, Ms. Brennan moved to approve R2008-34, Adoption of Gateway Sign to Beech Grove. Mr. Hale seconded the motion and there being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolution was adopted:

RESOLUTION R2008-34
NELSON COUNTY BOARD OF SUPERVISORS
ADOPTION OF GATEWAY SIGN TO BEECH GROVE
WHEREAS, residents of Beech Grove are planning to install a gateway sign on Beech Grove Road; and

WHEREAS, Mr. and Mrs. Truslow have given written permission to place the proposed gateway sign on their property, identified as Tax Map #31-A-51 located on Beech Grove Road; and

WHEREAS, the residents of Beech Grove will be responsible for the maintenance and upkeep of the sign; and

WHEREAS, the residents of Beech Grove will be responsible for insurance coverage of the sign and the co-insured will be the County of Nelson;

NOW THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors hereby adopt the Beech Grove gateway sign as a County sign.

B.   Proposed Job Description, Roll-Off Vehicle Operator (R2008-35)

Mr. Carter noted that potentially 1 ½ to 2 roll-off truck drivers were needed to assume the internal hauling of solid waste. Supervisors noted that these positions should be able to fill-in as necessary as equipment operators at the County’s Transfer Station, with staff concurring. Mr. Carter stated that 20-25% of their duties were left open-ended to allow for unspecified duties. Mr. Carter then noted that the two (2) roll-off trucks including hoists and tarper systems had been ordered at a cost of approximately $249,000 and recruitment of personnel would begin upon approval of the job description. Staff noted some related procedural matters such as implementing a random drug testing program as required for drivers with CDL licenses. The testing would be done by the same facility that the school division uses and would be conducted at the bus shop. In response to questions, staff noted that a high school diploma or equivalent was usually associated with, but not required for the position and a CDL is renewable every two (2) years.

There being no further discussion, Mr. Hale moved to approve R2008-35, Approval of Job Description Roll-Off Vehicle Operator. Mr. Bruguiere seconded the motion, and there being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolution was adopted:

RESOLUTION R2008-35
NELSON COUNTY BOARD OF SUPERVISORS
APPROVAL OF JOB DESCRIPTION
ROLL-OFF VEHICLE OPERATOR

WHEREAS, the County of Nelson will begin transport of solid waste from local convenience centers to the Nelson County Transfer Station on or about July 1, 2008 which will require employment of two roll-off vehicle operators;

NOW THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors hereby approves the job description for Roll-off Vehicle Operator as attached and hereby made a part of this resolution.

Job Title Roll-off Vehicle Operator                                        Grade 12

Supervisor’s Title Supervisor of Building and Grounds      FLSA Status Non-Exempt
Department     Waste Management                                         Date   _4/24/2008_______

Purpose of the Job: To operate a roll-off vehicle for collection and delivery of solid waste and recyclables from residential convenience center sites to the local transfer station, regional disposal facilities, or other designated central collection facilities.

Essential Responsibilities: The major responsibilities that must be performed in order to accomplish the purpose of the job and that account for the majority (75% to 95%) of the employee’s time.

Percentage of Time: The percentage of the employee’s time that is typically devoted to meeting the responsibility over the course of a typical week, month or year.

Importance: The importance of each essential responsibility to the overall purpose of the job using the following scale:
Important 1 — 2 — 3 — 4 — 5 Very Important


Essential Responsibility   % of
Time   Importance
Rating

1
   Operates roll-off vehicle loading full solid waste compaction containers from convenience centers and delivering to the transfer station. Cleans up any waste that falls out of containers during loading or unloading.   30%   5

2
   Operates roll-off vehicle loading recyclable collection containers at convenience centers and delivering to a central collection facility. Cleans up any recycle items that fall out of containers during loading or unloading.   20%   5

3
   Maintains daily route records and reports including records of contaminated recyclables and repairs needed to roll-off containers or vehicles   5%   3

4
   Inspects vehicle before and after operation each day to determine and document condition of vehicle.   5%   3

5
   Performs routine maintenance activities on vehicles, containers, and compactors notifying supervisor when additional maintenance or repair is required.   5%   4

6
   Pulls empty compaction containers from transfer station to convenience centers. Switches compaction containers at convenience centers when containers are full. Reset compactor controls after switch-outs.   10%   4

Formal Supervisory Responsibility: Employees in the following positions report directly to the

Job Title of Direct Reports   Number of FTE Employees In The Job

None



Routine Decision-Making: The following reflect examples of specific decisions routinely made in this job

Examples Of Specific Decisions Routinely Made

Determines if minor or major repairs are necessary to vehicles or containers.

Determines if collection containers are full.

Formal Policy-Setting Responsibilities

[X ]     No formal responsibility. The policies associated with the job’s purpose and essential responsibilities are set by others.

[ ]     Formally responsible for providing input into policies associated with the job’s purpose and essential responsibilities.

[ ]   Formally responsible for making recommendations regarding policies associated with the job’s purpose and essential responsibilities.

[ ]   Formally responsible for setting policy associated with the job’s purpose and essential responsibilities.
Required Knowledge

Knowledge Or Information Required For Completely Satisfactory Performance

Working knowledge of geography, landmarks, and road systems in the county

Knowledge of traffic regulations and safety principles for operating roll-off vehicles and solid waste compaction equipment

Required Skills or Abilities

Skills And Abilities Required For Completely Satisfactory Performance

Ability to operate a roll-off vehicle (must possess a valid Virginia Class B Commercial Driver’s License (CDL) with air brakes endorsement, Medical Examiners Certification, and valid proof of good driving record)

Ability to follow written and oral instructions

Ability to communicate effectively with supervisors, other staff members, and the general public

Ability to coordinate hands and eyes rapidly in using motorized equipment

Ability to calculate simple mathematical computations

Ability to lift 75 pounds and able to sit for 6-8 hours per day frequently

Formal Education: Formal education is usually associated (though not required) with completely satisfactory performance in this job.

[ ]   Less than a high school education

[X ]   High school education

[ ]   Technical or vocational school education

[ ]   Junior college/two-year college training


[ ]   Four-year college education

[ ]   Graduate level education

[ ]   Professional school (e.g., law, medicine, etc.)

[X] Other (Please specify): Commercial Driver’s
       License, Class B with air brake endorsement



Working Conditions: The conditions under which this job is usually performed do not subject the employee to a greater risk of physical discomfort or harm than a general office environment.

EEOC Classification:. The EEOC classification for this job is as noted below:

A.

   Officials and managers. Occupations requiring administrative and managerial personnel who set broad policies, exercise overall responsibility for execution of these policies, and direct individual departments or special phases of a firm’s operations. Includes: officials, executives, middle management, plant managers, department managers, and superintendents, salaried supervisors who are members of management, purchasing agents and buyers, railroad conductors and yard masters, ship captains, mates and other officers, farm operators and managers, and kindred workers.

   Professionals. Occupations requiring either college graduation or experience of such kind and amount as to provide a comparable background. Includes: accountants and auditors, airplane pilots and navigators, architects, artists, chemists, designers, dietitians, editors, engineers, lawyers, librarians, mathematicians, natural scientists, registered professional nurses, personnel and labor relations specialists, physical scientists, physicians, social scientists, teachers, surveyors and kindred workers.

   Technicians. Occupations requiring a combination of basic scientific knowledge and manual skill which can be obtained through 2 years of post high school education, such as is offered in many technical institutes and junior colleges, or through equivalent on-the-job training. Includes: computer programmers, drafters, engineering aides, junior engineers, mathematical aides, licensed, practical or vocational nurses, photographers, radio operators, scientific assistants, technical illustrators, technicians (medical, dental, electronic, physical science) and kindred workers.

   Sales. Occupations engaging wholly or primarily in direct selling. Includes: advertising agents and brokers, stock and bond salesworkers, demonstrators, salesworkers and sales clerks, grocery clerks, and cashiers/checkers, and kindred workers.

   Office and Clerical. Includes all clerical-type work regardless of level of difficulty, where the activities are predominantly non-manual through some manual work not directly involved with altering or transporting the products is included. Includes: bookkeepers, collectors (bills and accounts), messengers and office helpers, office machine operators (including computer), shipping and receiving clerks, stenographers, typists and secretaries, telegraph and telephone operators, legal assistants, and kindred workers.

   Craft Workers (skilled). Manual workers of relatively high skill level having a thorough and comprehensive knowledge of the processes involved in their work. Exercise considerable independent judgment and usually receive an extensive period of training. Includes: the building trades, hourly paid supervisors and lead operators who are not members of management, mechanics and repairers, skilled machining occupations, compositors and typesetters, electricians, engravers, painters (construction and maintenance), motion picture projectionists, pattern and model makers, stationary engineers, tailors and tailoresses, arts occupations, handpainters, coaters, bakers, decorating occupations and kindred workers.
X

   Operatives (semiskilled). Workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics, plumbers, bricklayers, carpenters, electricians, machinists, mechanics, building trades, metalworking trades, printing trades, etc.), operatives, attendants (auto service and parking), blasters, chauffeurs, delivery workers, sewers and stitchers, dryers, furnace workers, heaters, laundry and dry cleaning operatives, milliners, mine operatives and laborers, motor operators, oilers an greasers (except auto), painters (manufactured articles), photographic process workers, truck and tractor drivers, knitting, looping, taping and weaving machine operators, welders and flame cutters, electrical and electronic equipment assemblers, butchers and meat cutters, inspectors, testers and graders, handpackers and packagers, and kindred workers.

   Laborers (unskilled). Workers in manual occupations which generally require no special training who perform elementary duties that may be learned in a few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, groundskeepers and gardeners, farm workers, stevedores, wood choppers, laborers performing lifting, digging, mixing, loading and pulling operations, and kindred workers.

   Service Workers. Workers in both protective and non protective service occupations. Includes: attendants (hospital and other institutions, professional and personal service, including nurses aides and orderlies), barbers, charworkers and cleaners, cooks, counter and fountain workers, elevator operators, firefighters and fire protection, guards, door-keepers, stewards, janitors, police officers and detectives, porters, waiters and waitresses, amusement and recreation facilities attendants, guides, users, public transportation attendants, and kindred workers.

C.   Amendment of Employee Flexible Benefits Plan (R2008-36)

Mr. Carter explained that the County currently has a flexible benefits plan that allows the deferral of taxable dollars for health insurance premiums. Ms. McCann noted that the County previously had flexible spending accounts; however it had been discontinued due to lack of participation and the institution of fees by AFLAC the plan administrator. She noted that employees could contribute to medical spending accounts or dependent daycare accounts on a tax deferred basis, which would increase the employees’ take home pay and provide a benefit to the County via a lower FICA/Medicare tax liability. Ms. McCann stated that the annual contribution limit for medical flexible spending accounts would be $1,000 and $5,000 for the dependent daycare account, which is the statutory limit set by the IRS. She noted that the medical spending account limit is set lower than the IRS limit of $5,000 in order to limit the County’s potential liability that may be generated from an employee who has taken a greater medical expense reimbursement than what has been payroll deducted, and then terminating employment.

Supervisors briefly discussed the importance of educating employees on how to use these accounts such that nothing is lost at the end of the year and using the tax deferred daycare benefit in conjunction with the child tax credit for tax purposes. In conclusion, Ms. McCann noted the benefits to be the same as those of the school division.

There being no further discussion, Ms. Brennan moved to approve R2008-36 Amendment of Nelson County Flexible Benefits Plan. Mr. Johnson seconded the motion and there being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolution was adopted:

RESOLUTION R2008-36
NELSON COUNTY BOARD OF SUPERVISORS
AMENDMENT OF NELSON COUNTY FLEXIBLE BENEFITS PLAN

WHEREAS, the County of Nelson established a flexible benefits plan (cafeteria plan) within the context of Section 125 of the Internal Revenue Code for the benefit of its eligible employees on June 13, 1990; now therefore,

BE IT RESOLVED, that the Nelson County Board of Supervisors hereby amends the flexible benefits plan to offer unreimbursed medical and dependent daycare flexible spending accounts effective as of July 1, 2008. The annual contribution limit shall be established at $1,000 per employee for medical flexible spending accounts and in accordance with IRS statutory limits for dependent daycare accounts; and

NOW THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors hereby authorizes the County Administrator or Director of Finance and Human Resources to execute the amended plan document and any related documents which may be necessary or appropriate to implement flexible spending accounts.

III.   Public Hearings & Presentations

A.   Special Use Permit #2008-006, Tax Map #96-A-19D (J. Coffey)

Mr. Boger gave an overview of the Special Use Permit requested by Mr. Coffey to operate a public garage on Piedmont Road (Rt. 657). The permit would allow him to construct a new building for a shop to repair company trucks and trailers, and employee trucks. Mr. Boger presented pictures of the proposed site and a copy of the preliminary site plan. He stated that the Planning Commission had been concerned about buffers and screening, but not concerned about the truck traffic since the road is already used for industrial purposes with a high level of truck traffic that wouldn’t affect the character of the area.

He stated that the Planning Commission recommended approval with the following conditions:

1.   Approval of entrance by VDOT
2.   Health Dept. approval for well and septic
3.   Approval, if required, from Thomas Jefferson Soil & Water Conservation District and DCR for E&S plans and Stormwater management.
4.   Planning Commission approval of the final site plan which shall include: a lighting plan, a notation that no signage will be used, a notation that the storage of inoperative vehicles and/or non-roadworthy trailers is prohibited.
5.   The number of trailers on site at any one time is limited to 15.

Supervisors questioned whether or not a lighting plan had been adopted by the County and the current residency of the house across the street from the proposed site. In response, Mr. Boger stated that the County had not adopted a lighting plan and that Mr. Coffey’s mother resided in the house across the street with other family living in the near vicinity.

There being no comments from the applicant, the Chairman opened the public hearing. There being no persons wishing to be recognized, the public hearing was closed.

Supervisors discussed the necessity of the recommended conditions given the location of the site and given that the applicant would meet most of the conditions in following the normal process of acquiring a building permit and adhering to the requirements of the Zoning Ordinance regarding inoperable vehicles (junk cars). Mr. Johnson suggested that the greenery height of the proposed buffer be carefully planned to allow for optimum site distance for drivers passing by the site.

There being no further discussion, Mr. Johnson moved to approve Special Use Permit #2008-006 for Jerry W. Coffey without the recommended restrictions. Ms. Brennan seconded the motion and Supervisors voted unanimously (5-0) by roll call vote to approve the motion and SUP #2008-006 with no restrictions.

B.   Proposed Ordinance Amendment –O2008-01 (Appendix A. Zoning, Art 18, Sec.18-5)

Mr. Boger overviewed the proposed Amendment, and read the prohibited uses to be removed. Mr. Harvey noted that it is the only place in the Ordinance that has prohibited uses rather than requiring permission for uses and it should be removed. Mr. Boger noted that the Planning Commission recommends its approval.

Mr. Boger noted there was some concern about a piece of property that is zoned M-1 and has a park on it. Mr. Boger stated that the Ordinance may need to be amended to include recreational uses as a permitted use. Supervisors noted that the property owner should ask for a re-zoning in that particular case. Supervisors then discussed another property in Piney River that is zoned M-2, and the property owner is planning to construct apartment units. Mr. Boger stated that it should also be re-zoned. The plan for the apartments was discussed with Mr. Boger recommending the owners talk to the Planning Commission to amend the Zoning Ordinance text with Mr. Carter noting that they should also contact his office regarding connecting to the County’s water and sewer lines going in. He stated that the new County system being installed, would only support eight (8) connections in that area, not the sixteen (16) connections desired because of the property being at the end of the line. He stated that the project engineers had indicated that there were pipe size and pressure issues in that area and he would have them provide a report on this. He noted that the system being installed only has the capacity for 130 more connections overall with 250 total connections being supported.

There being no further discussion, the Chairman opened the public hearing and the following persons were recognized:

1.   Bo Delk, Roseland

Mr. Delk expressed his support for the approval of the Amendment and the removal of these restrictions in the M-1 District.

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

Ms. Brennan moved to approve O2008-01, An Ordinance to Amend Appendix A, Zoning Ordinance of the Code of Nelson County, 1989 to Repeal Article 18, 18-5 through 18-5-6, Prohibited Uses in a Limited Industrial M-1 District and to Re-enact Article 18-5 as Reserved. Mr. Bruguiere seconded the motion. Mr. Boger clarified that the contents of the chapter would be removed, but the numbering would be reserved for any future additions. There being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following Ordinance was adopted:
O2008-01
NELSON COUNTY BOARD OF SUPERVISORS
AN ORDINANCE TO AMEND APPENDIX A, ZONING ORDINANCE OF THE CODE OF NELSON COUNTY, 1989, TO REPEAL ARTICLE 18, §18-5 THROUGH §18-5-6, PROHIBITED USES IN A LIMITED INDUSTRIAL M-1 DISTRICT AND TO
RE-ENACT ARTICLE 18, §18-5 AS RESERVED

BE IT ORDAINED, pursuant to §15.2-1426 and §15.2-1427 of the State Code of Virginia 1950, as amended, that the Nelson County Board of Supervisors does hereby repeal Article 18, §18-5 through §18-5-6 of Appendix A, Zoning Ordinance of the Code of Nelson County, effective upon adoption as follows:

18-5   Prohibited uses.

The following uses are specifically prohibited in Limited Industrial Districts:

18-5-1   Recreation or entertainment facilities of a commercial nature.

18-5-2   Fuel storage yards.

18-5-3   Contractor storage yards.

18-5-4   Lumber yards.

18-5-5   Sawmills.

18-5-6   Stone work.

BE IT FURTHER ORDAINED, pursuant to §15.2-1426 and §15.2-1427 of the State Code of Virginia 1950, as amended, that the Nelson County Board of Supervisors does hereby re-enact Article 18, §18-5 of Appendix A, Zoning Ordinance of the Code of Nelson County, effective upon adoption as follows:

18-5 (Reserved)

C.   Proposed Ordinance Amendment –O2008-02 (Repeal of Ch. 9.5 Service Districts)

Mr. Carter gave an overview of the proposed Amendment stating that it would eliminate the Street Light Service Districts and associated tax having an annual cost to the County of approximately $7,000. He stated that the administrative time and costs to maintain collection of the tax are at least equal to or are greater than the revenue it generates.

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

In response to questions, staff noted that it would be incumbent upon the County per the State Code, to continue to collect any existing delinquent Street Light taxes; with this amount being fairly insignificant.

There being no further discussion, Mr. Hale moved to approve O2008-01, Repeal of Chapter 9.5, Service Districts of the Code of Nelson County, Virginia. 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 following Ordinance was adopted:

ORDINANCE – O2008-02
REPEAL OF CHAPTER 9.5, SERVICE DISTRICTS
OF THE CODE OF NELSON COUNTY, VIRGINIA

   BE IT ORDAINED, that in accordance with §15.2-1426 and §15.2-1427 of the Code of Virginia 1950 as amended, Chapter 9.5, Service Districts of the Code of the County of Nelson, Virginia is hereby repealed as follows:

ARTICLE I. IN GENERAL

1)   Sec. 9.5-1. Creation of service districts.

2)   Sec. 9.5-2. Powers.

3)   Sec. 9.5-3. Description of service districts.

ARTICLE II. ADMINISTRATION

1)   Sec. 9.5-4. Annual tax.

2)   Sec. 9.5-5. Administrative process.

3)   Sec. 9.5-6. Penalties.

4)   Sec. 9.5-7. Corrections.

5)   Sec. 9.5-8. Enactment.

   BE IT FURTHER ORDAINED, that this Ordinance shall be effective on
June 30, 2008.

D.   Proposed Ordinance Amendment - O2008-03 (Extension of Established Board of Equalization Deadlines)

Mr. Carter overviewed the proposed Amendment noting the request to extend the deadline for the Board of Equalization to conclude its work from June 1, 2008 to July 30, 2008. He stated that the application process concluded on April 15th and that according to the clerk, the BOE had scheduled 137 appointments of which 131 had been completed; suggesting the extension is unnecessary. Supervisors noted it was their understanding that the BOE would complete all of their appointments timely, but they were concerned with being able to complete any follow-up work after the interviews on time. Supervisors agreed that allowing an extension would not really affect anything given that any changes they make would be included in a supplemental tax billing following the upcoming initial billing.

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

Ms. Brennan moved to approve O2008-03, Nelson County Board of Supervisors, Ordinance 02008-03, Amendment of Ordinance 02007-011 (Establishing a Deadline for Submittal of Landowner or Lessees Applications for Equalization of Real Estate Assessments to the Nelson County Board of Equalization and for the Board of Equalization to Complete Its Deliberations on All Applications) To Provide for Extension of the Deadline for Board of Equalization to Complete Its Deliberations on All Applications by Sixty-Days from June 1, 2008 to July 30, 2008. Mr. Johnson seconded the motion and there being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following Ordinance was adopted:
ORDINANCE O2008-03
Nelson County Board of Supervisors, Ordinance 02008-03, Amendment of Ordinance 02007-011 (Establishing a Deadline for Submittal of Landowner or Lessees Applications for Equalization of Real Estate Assessments to the Nelson County Board of Equalization and for the Board of Equalization to Complete Its Deliberations on All Applications) To Provide for Extension of the Deadline for Board of Equalization to Complete Its Deliberations on All Applications by Sixty-Days from June 1, 2008 to July 30, 2008.

BE IT ORDAINED by the Nelson County Board of Supervisors that Ordinance 02007-011 (Establishing a Deadline for Submittal of Landowner or Lessees Applications for Equalization of Real Estate Assessments to the Nelson County Board of Equalization and for the Board of Equalization to Complete Its Deliberations on All Applications) be and hereby is amended to rescind June 1, 2008 as the deadline by which the Nelson County Board of Equalization shall finally dispose of all timely applications for equalization of real estate assessment and to substitute, therefore, July 30, 2008 as the deadline by which the Nelson County Board of Equalization shall finally dispose of all timely applications for equalization of real estate assessment.

BE IT FURTHER ORDAINED that this ordinance shall be effective upon passage.

IV.   Unfinished Business

A.   FY08-09 Budget Work Session

Ms. McCann gave an overview of the Reassessment Analysis as follows, that includes all of the changes made by the Board and Staff (including known changes in State Revenues) since the April 14th meeting:

She described the specific changes made to the FY09 New RE Tax Revenue Utilization box as follows:

-   Annual Courthouse Debt includes the original annual debt number of $645,302 and $1,829,588 (half of the total new FY09 RE Tax Revenue Utilized), which represents the windfall amount of new RE tax revenue that will be collected by the end of June and used to reduce the amount of Courthouse Debt to be financed down from $10.5 million.

-   FY09 County Budgetary Funding includes adjustments for VJCCCA and Regional Jail expenditures due to the State revenue cuts.

-   FY09 School Division Local Operational Funding and Buses now includes the $267,610 additional dollars needed to purchase the school buses outright (Total cost of $347,610 less the $80,000 already budgeted for leasing).

-   Capital Improvements Set-Aside has been reduced from $785,815 to $467,511; utilizing $318,304, of which $267,610 is paying for the purchase of school buses and $50,694 represents the adjustment in the tax rate from $.5518 to the adopted rate of $.5500.

-   Less Unbudgeted amount of June 2008 Real Estate Collection is shown as -$1,829,588 because it is not really new FY09 revenue since it is the amount anticipated to be collected by the end of June, which is FY08.

Ms. McCann noted that the bottom of the sheet reflects an even $.5500 tax rate and the budget changes sheet reflects a funding shortfall of zero representing a balanced budget.

Ms. McCann noted the Summary of Budgetary changes made from April 14th to April 24th as follows:

She stated that if the Board was okay with what had been presented, it could be advertised as is, for comment at the public hearing on May 13, 2008. The Board noted there may still be work to be done after the public hearing, but agreed by consensus to advertise the budget as presented. She noted that the State numbers used are draft and would be finalized at a later date.

In response to the Board’s questions about the $467,511 Capital Improvements Set-Aside, Staff noted that these monies are shown as a separate line item in the General Fund budget called Reserve for Capital Improvements, and remain there until obligated by the Board. Mr. Carter noted the original intent of the funds, should the Board agree, was to use it for whatever capital improvements the Board wanted to make. The Board discussed potential school capital projects that need to be done. Staff noted that these funds are recurring, if not used can be accrued, and can be used for operations if the Board so desires.

IV.   Other Business (As May Be Presented)

Mr. Bruguiere and Mr. Boger noted a letter from the Planning Commission as follows detailing a proposed option in resolving the ongoing problems with Section 4-4, Water and Sewer, Item D. of the Subdivision Ordinance:

TO:       Nelson County Board of Supervisors
FROM:   Fred M. Boger, Planning Director
DATE:       April 21, 2008

RE:       Request from Planning Commission
____________________________________________________________________

The Planning Commission held a work session on April 17th to work on finalizing an   amendment to Section 4-4, Water and Sewer, Item D., Individual Septic Systems. At this meeting the Commission realized difficulty in developing a lot size “cut” where soil work will not be required.

One option discussed was deleting the soil work requirement from the Subdivision Ordinance and then having a disclaimer placed on the plat similar to the one in which the County does not guarantee adequate subterranean water. The disclaimer could read: Approval of this subdivision plat by the County of Nelson does not certify or guarantee the purchaser of the presence of adequate soils to support an on-site waste water treatment system.   The Zoning Ordinance would then be amended (Section 12-1, “Zoning Permits”) to include the requirement that before a Building and Zoning Permit can be issued, the applicant must present documentation of adequate soils to support a waste water treatment system with a 100 % reserve area in case of failure of the primary system. I briefly discussed this option with our Building Official, and he did not see a problem.

Section 15.2-2242, “Optional provisions of a subdivision, item # 2” of the Code of Virginia, indicates our requirement of requiring soil work at the time of plat approval is optional, which indicates our soil work requirement could be deleted from the Subdivision Ordinance. I talked briefly with our local Health Department Official and he wasn’t aware of Section 15.2-2242, but thought it may work. The downside could be an increase in his work load; however, the property owner could use a Certified Soil Scientist to do the soil work. He would discuss this option with his Supervisor later this week.

Before going any further, the Commission would like the Board’s feeling on whether this is an option for them to consider. The Planning Commission is planning to further discuss this matter at their May meeting.

If you have any questions regarding this matter, please feel free to contact me. Thank you.

FMB/bf

Mr. Boger noted that in his opinion implementing this option would make the requirements more fair and equal across properties. He noted having discussed this with the County Attorney who indicated he was amenable to this option. The Board discussed the 100% reserve requirement and agreed that this was okay. Mr. Hale noted that while some of the burden of writing additional disclaimers on subdivision plats fell on the surveyors, he endorsed this option as the best resolution to the problem.

Following discussion, Supervisors agreed by consensus to recommend that the Planning Commission proceed with implementing the option presented.

V.   Public Comments

1.   Keith Smith, Afton – Owner of Royal Oaks

Mr. Smith spoke to the Board concerning proposed changes in the National Parks Service’s Blue Ridge Parkway Management Plan that indicate a desire to acquire land along the Parkway. He stated that he was concerned that the National Parks Service would take his land to accomplish the goals outlined in its proposed plan. He also alerted the Board to provisions in the proposed plan that would limit some public road access to the Parkway in rural areas, which could affect the County. He also stated that as a business owner along the Parkway, he could not get any response from the Park Service regarding the allowance of private signage to attract visitors to his business, which drives his advertising costs up and hampers his business.   He urged the Board to look at the proposed plan and noted that public input was due by the end of the month.

The Board acknowledged and sympathized with the difficulty in working with the National Park Service and thanked Mr. Smith for bringing this to the Board’s attention.

Following public comments, The Chairman asked if there was any other business from Staff and Board members and the following items were discussed:

1.   Mr. Boger updated the Board on meeting he attended on public rail transportation. He noted that Amtrak was recommending the establishment of a commuter rail route from Lynchburg to Washington D.C. right away with a continuation to New York/Boston. He noted the route to be operating in two (2) to six (6) years and have an operating deficit of approximately $1.9 million. He noted anticipation of a draft resolution of support to be provided for the Board’s approval in the near future with any new information to be passed on to the Board.

2.   Mr. Johnson noted having received a letter from Friends of the James asking for the County’s support in managing solid waste during the Bateau Festival. Staff noted that in the past, the County has provided a container from Waste Management for their use. Mr. Carter stated that he had not yet seen the letter, but would follow up. The Board indicated support for assisting the Friends of the James with their request.

3.   Ms. Brennan Noted several upcoming events/meetings as follows:

-   Dental Clinic Grand Opening on May 3, 2008. Ribbon cutter needed.
-   VACo Regional Courthouse meeting on April 29, 2008 in Palmyra will establish legislative priorities for next year. The Board indicated that State educational funding should be first priority.
-   UNJAM meeting in Charlottesville sponsored by TJPDC on May 10, 2008
-   EDA Business Appreciation event at Wintergreen on May 13, 2008

The Board discussed their desire to attend the EDA function to express their appreciation for local businesses; however they were disappointed that it conflicts with their regular board meeting and the scheduled public hearing on the FY09 budget. Supervisors discussed possible attendance during the dinner break.

Ms. Brennan also noted that a decision on the Montebello and Blackrock solid waste collection sites was needed. Mr. Harvey proposed that the decisions could be made now and Mr. Hale suggested that any decisions on these be deferred until the proposed meetings with WPOA could occur and the facts could be gathered. Supervisors agreed to defer action on these sites until a later date. Staff noted having no problems or issues with the Montebello site and that an agreement with Mr. Grant is in process to cover utility easement issues and site development.

Supervisors discussed the opening of the new Shipman collection site with Mr. Johnson noting some discontent from his constituents regarding the drive to the site and not being able to dispose of trash at the Transfer Station after 3:30 p.m. Mr. Harvey indicated that they would become accustomed to it, just like the Stoney Creek residents who opposed driving to the new Rockfish site, but now love it.

Receipt of a letter from the Nature Conservancy requesting a meeting concerning the High-Top tower was also discussed. Mr. Carter noted that Susan Rorrer is planning to report on this at the May meeting with a State Police representative to be in attendance. He noted that the State Police are anxious to resolve this. Supervisors indicated a desire to get all of the facts on the issue, but were preliminarily supportive of the tower for the enhancement of public safety.

VI.   Adjournment

At 9:05 pm, Mr. Hale moved to adjourn until the next regular session on May 13, 2008. Mr. Bruguiere seconded the motion and Supervisors voted unanimously by voice vote to approve the motion and the meeting was adjourned.