Board of Supervisors: Board of Supervisors - Meeting Minutes May 22, 2008

Board of Supervisors - Meeting Minutes May 22, 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
       Fred Boger, Director of Planning and Zoning

Absent:   None

I.   Call to Order

Mr. Harvey called the meeting to order at 7:35 p.m. with all Supervisors present to establish a quorum.
A.   Moment of Silence

B.   Pledge of Allegiance – Mr. Hale led the Pledge of Allegiance

II.   Consent Agenda

Ms. Brennan noted a minor correction to the April 8, 2008 minutes for approval and Mr. Johnson moved to approve the Consent Agenda including the minutes for approval 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-R2008-42
NELSON COUNTY BOARD OF SUPERVISORS
APPROVAL OF MEETING MINUTES
(April 8, 2008)

RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board’s meetings conducted on April 8, 2008 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.

RESOLUTION (R2008-43)
AMENDMENT OF FISCAL YEAR 2007-2008 BUDGET
NELSON COUNTY, VA
May 22, 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
       $    9,320.00   3-100-001303-0019   4-100-081020-5402
              3,120.00   3-100-001803-0001   4-100-021010-1009
            21,600.00   3-100-002404-0001   4-100-031020-5419
                     $ 34,040.00

      II.       Transfer of Funds (General Fund)
Amount   Credit Account(-)    Debit Account(+)
       $     4,539.00   4-100-091030-5617   4-100-011010-3002
               2,961.00   4-100-999000-9901   4-100-011010-3002
       $     7,500.00

RESOLUTION-R2008-44
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

$50.92           Personal Property       Kenneth W. and Shelia B. Lawhorne
                           3181 Ennis Mountain Rd.
                           Afton, VA 22920

RESOLUTION-R2008-45
NELSON COUNTY BOARD OF SUPERVISORS
AUTHORIZATION TO EXECUTE STARS/COMLINC MEMORANDUM OF UNDERSTANDING

WHEREAS, in June 2005, the County elected to participate in a grant project for the Lynchburg Metropolitan Statistical Area (MSA), which resulted in the award of approximately $1.4 million dollars in grant funding for the completion of an interoperable communications system that would allow localities and state agencies to establish communications during events requiring communications among multiple jurisdictions and/or agencies; and

WHEREAS, the Lynchburg MSA joined with the Roanoke MSA which was awarded nearly one million dollars in funding for the completion of a similar project and worked together to plan a system that would serve State Police Divisions 3 and 6; and

WHEREAS, The new system will provide interoperability and COMLINC/STARS connectivity through the use of RIOS, an IP gateway system manufactured by the SyTech Corporation, and will interconnect 28 Public Safety Answering Points (PSAPs) and Virginia State Police Divisional and State Headquarters; and

WHEREAS, participation in the project requires that the County sign a Memorandum of Understanding with the organizations participating in the project,

NOW THEREFORE BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby authorize the execution of the STARS/COMLINC Memorandum of Understanding, as proposed and attached hereto; inclusive of authorizing Stephen A. Carter, County Administrator to sign said MOU on behalf of the County.

RESOLUTION-R2008-46
NELSON COUNTY BOARD OF SUPERVISORS
AUTHORIZATION TO EXECUTE MONTEBELLO SOLID WASTE COLLECTION SITE AGREEMENT

WHEREAS, the County has utilized Tax Map Parcel 26 A 49L, owned by Skycorp, Inc., as the location of the Montebello residential Solid Waste Collection Site (un-staffed) for approximately 15 years; and

WHEREAS, the lease agreement between Nelson County and Skycorp, Inc., was developed to provide for the County’s continued use of the property and to avoid a conflict with the local solid waste ordinance, which pursuant to Chapter 10, Solid Waste, Section 10-13, prohibits the disposal of commercial waste at a collection site; and

WHEREAS, the amendment on February 13, 2007 of Chapter 10 to incorporate, therein, Section 10-15.1 (Administration) addresses the potential conflict with Section 10-13 by providing, when necessary and with the approval of the Board of Supervisors, alternate disposal methods for solid waste disposal at collection sites, including agreements for the use and maintenance of such facilities;

NOW THEREFORE BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby authorize the execution of the Agreement between Nelson County and Skycorp, Inc., as proposed and attached hereto; inclusive of authorizing Stephen A. Carter, County Administrator to sign said Agreement on behalf of the County.

III.   Public Hearings & Presentations

There were no public hearings or presentations conducted.

IV.   Unfinished Business

A.   FY08-09 Budget Adoption (R2008-47)

Mr. Carter recommended approval of the FY08-09 budget adoption resolution, noting that any categorical changes the Board might consider making could be done via subsequent budget amendments.

Mr. Johnson moved to approve resolution R2008-47 Adoption of Budget and Service District Tax Rates Fiscal Year 2008-2009 (July 1, 2008-June 30, 2009) and Mr. Bruguiere seconded the motion.

Mr. Hale noted that he would like to see all County Departments stay within their budgets and possibly spend less than budgeted by working to save money wherever possible. Mr. Harvey and Mr. Bruguiere noted their agreement. Mr. Carter noted that staying within budget is standard practice for Departments. The Board directed staff to issue a memo to all Departments regarding this expectation and to encourage the conservation of funds. Mr. Johnson noted that there are still capital expenditure issues to be discussed.

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 2008-47
ADOPTION OF BUDGET AND SERVICE DISTRICT TAX RATES
FISCAL YEAR 2008-2009
(JULY 1, 2008-JUNE 30, 2009)
NELSON COUNTY, VIRGINIA

WHEREAS, pursuant to the applicable provisions of Chapter 25, Budgets, Audits and Reports of Title 15.2 of the Code of Virginia, 1950, the Board of Supervisors of Nelson County, Virginia has prepared a budget for informative and fiscal planning purposes only and has also established tax rates, as applicable, for Fiscal Year 2008-2009 (July 1, 2008-June 30, 2009); and

WHEREAS, the completed Fiscal Year 2008-2009 Budget is an itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowing; and

WHEREAS, the Board of Supervisors has published a synopsis of the budget, given notice of a public hearing in a newspaper having general circulation in Nelson County and, subsequent thereto, convened a public hearing on the Fiscal Year 2008-2009 Budget.

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Nelson County, Virginia that the Fiscal Year 2008-2009 Budget be hereby adopted in the total amount (all funds, revenues and expenditures) of $75,865,505.   The individual fund totals are denoted as follows:

Fund                              Budget
General*           $   31,699,222.00
VPA           $    1,913,223.00
Debt Service            $    3,367,684.00
E911           $         49,765.00
CDBG           $         33,350.00
Capital**           $       353,706.00
School           $ 23,947,611.00
Textbook           $       442,961.00
Piney River (Operations)   $         73,261.00
Piney River 3 Project       $    2,611,104.00
Street Lights           $           7,360.00
Courthouse Project       $ 11,366,258.00

*Includes $17,821,378 in local funding transferred to the Reassessment Fund ($95,000), the Debt Service Fund ($3,042,978), the Courthouse Project Fund ($2,866,258), the Street Light Fund ($7,060), and the School Fund ($11,247,472 for general operations, $215,000 allocated for school nursing and $347,610 for purchase of school buses). Includes $1,913,223 in local, state, and federal funds transferred to the VPA Fund.
**Includes $324,706 transferred to the Debt Service Fund.
BE IT LASTLY RESOLVED, that adoption of the Fiscal Year 2008-2009 Budget shall not be deemed to be an appropriation and no expenditures shall be made from said budget until duly appropriated by the Board of Supervisors of Nelson County, Virginia.

B.   Solid Waste Collection System – Operational Approvals

Mr. Carter referenced the meeting regarding solid waste operations at Wintergreen that he, Ms. Brennan, Mr. Bruguiere and staff attended with Russell Otis of Wintergreen Property Owners Association (WPOA). He noted that staff needed direction on how to equip the Wintergreen collection sites based on the input received from the site meeting. Mr. Carter noted the primary considerations to be whether or not to keep a compactor at Blackrock and the 3 recycling containers at Lot F. He noted that at Lot F, there has been ongoing contamination resulting in the disposal of the recyclables with the regular waste stream, and that keeping a compactor at Blackrock involves additional equipment expense that was not originally planned for.

The Board discussed acquisition of the existing equipment at Wintergreen from Waste Management. Mr. Carter noted that the County had inquired about this, with no success. The Board suggested that WPOA inquire about the possibility of purchasing the equipment with the County reimbursing the expense.

The Board then discussed the possibility of WPOA installing cameras to monitor the dumping of contaminating materials into the recycle bins and that staff could install a “full” gauge on the compactors to indicate when they are full to maximize the loads coming off of the mountain. The Board and staff agreed that bringing heavier loads off of the mountain is key to maximizing efficiency.

The Board discussed various compactor and recycling configurations that could be used and agreed by consensus to keep two (2) compactors, one (1) at Blackrock and one (1) at Wintergarden and three (3) recycle cans.

Ms. Brennan moved to leave the compactors one (1) at Wintergarden and one (1) at Blackrock with the best place to locate the three (3) recycling bins to be determined by the community and Mr. Bruguiere seconded the motion.

Mr. Hale questioned whether or not three (3) recycling bins were necessary and expressed concern about the strain on the collection trucks of going up and down the mountain.

The Board also discussed what items were to be collected/recycled, with the consensus of the Board being that these details could be worked out later and that they wanted to be flexible on the recycling.

Ms. Brennan amended her original motion to include being flexible on recycling. There being no further discussion, Supervisors voted (4-1) by roll call vote, with Mr. Hale voting No, to approve the amended motion.

C.   Amendment to NC Zoning Ordinance – Sec. 2-8c Auto graveyard, Class C

Mr. Boger clarified that the set-back requirements of 300 ft are in effect in a Conservation District. The Agricultural District set-backs are a fifty (50) ft. maximum.

Ms. Brennan moved to adopt the Zoning Ordinance Amendment as presented to amend and reenact §2-8c of the Code of the County of Nelson, 1989, relating to zoning. 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:

AN ORDINANCE TO AMEND AND REENACT
§ 2-8c OF THE CODE OF THE COUNTY OF
NELSON, 1989, RELATING TO ZONING

   WHEREAS, A problem has been identified with Section 2-8c, “Automobile graveyard,    Class C,” of the Nelson County Zoning Ordinance; and

   WHEREAS, the existing wording, “Any lot or place which is exposed to the weather and    upon which more than five (5) vehicles of any kind, incapable of being operated and    which it would not be economically practical to make operative are located,” is in    conflict with the definition of an inoperative motor vehicle in Section 2-51a of the    Zoning Ordinance and can lead to confusion and error in the enforcement of Section 2-   8c; and

   WHEREAS, public necessity, convenience, general welfare, and good zoning practice    require revision of the Zoning Ordinance; and

   WHEREAS, notice of public hearing was published in the Nelson County Times on    April 3 and April 10, 2008; and

   WHEREAS, the Nelson County Planning Commission hearing was conducted on    April 23, 2008; and

   WHEREAS, the Planning Commission recommends adoption of an ordinance to    amend    Section 2-8c;

   NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF SUPERVISORS    OF THE COUNTY OF NELSON:

   1. That § 2-8c, “Automobile graveyard, class C” be amended to read as follows:

              2-8c Automobile graveyard, class C: Any lot or place which is exposed to the weathe and upon which more than five (5) vehicles of any kind, incapable of being operated and which it would not be economically practical to make operative are located.
Any place meeting setback side and rear yard requirements for buildings upon which more than five (5) inoperative vehicles of any kind are located, and which is screened by natural plantings or by other reasonable means acceptable to the Administrator, so that such vehicles are not visible from the roadway or adjacent residential, commercial or agricultural properties.

2.   That this ordinance shall become effective on May 22, 2008.

V.   Other Business (As May be Presented)

A.   FY07-08 Budget Amendment

Mr. Carter introduced a second FY07-08 Budget Amendment, noting that the additional appropriation was for $225,000 for at risk youth and family services expenditures as mandated by the Comprehensive Services Act (CSA) of which, $70,470 is the local share. He noted the expenditures to be for mandated services only.

Mr. Hale moved to approve resolution R2008-48 Amendment of Fiscal Year 2007-2008 Budget and Ms. Brennan seconded the motion.

   The Board discussed the impending increase in the local share to 50% for non-local    residential placements through the CSA program. The impact on the County was noted    since there are no local residential facilities. The Board discussed the need to develop    regional facilities or local facilities to deal with placements internally.

   Mr. Carter noted that a similar budget amendment for approximately the same amount    will be made in June with funds likely coming from the front street building sale proceeds.     He    noted that the State could withhold all other State funding if the County didn’t cover its    share of these expenditures.

   Mr. Carter also noted that these placements are private sector and IEP (Individualized    Education Plans developed by the Schools) driven and described the process of how a    case originates either in the private sector or the schools, is referred to a local Board    (FAPT) who recommends CSA funding of the cases and then referred to another Board    (CPMT) who reviews and approves the CSA funding for the cases. He noted that the Boards    are made up of professionals in the therapeutic arena, schools, Social Services, the County    etc.

   Following discussion, the Board voted unanimously (5-0) by roll call vote to approve the    motion and the following resolution was adopted:

RESOLUTION (R2008-48)
AMENDMENT OF FISCAL YEAR 2007-2008 BUDGET
NELSON COUNTY, VA
May 22, 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
           $154,530.00   3-100-002401-0045   4-100-093100-9201
           70,470.00   3-100-001502-0008   4-100-093100-9201
           $225,000.00

         II.       Appropriation of Funds (VPA Fund)
   Amount   Revenue Account   Expenditure Account
           $225,000.00   3-150-004105-0001   4-150-053500-3001

B.   Comprehensive Plan Update

Ms. Brennan noted that Phil Proulx of the Planning Commission had related to her that the Comprehensive Plan data needs to be updated and inquired as to who will do this.   Mr. Fred Boger, Planning Director noted that he is collecting this now from the 2007 census data projections.

C.   Department of Social Services

Mr. Hale referenced a memo from Mr. Carter to Tom Conner, Director of Social Services regarding meeting with W&W to look at their space needs. Mr. Hale noted that Mr. Conner related that DSS is not on a State list for funding of space because he had been advised that the County was not going to proceed with new space for them. Mr. Carter noted that the memo was in relation to consideration of them being included in future renovations to the existing Courthouse and noted that if there is no plan to include DSS in the future renovation plans he will cease the space needs evaluation. He noted that he had some discussions with R. Vaughan of W&W about the Health Dept. because of the $1.4 million in available State funding for their space. He and Ms. Brennan noted that this had resurfaced in discussions about the relocation of the Health Department and a possible co-location with DSS over at the Nelson Center. The possibility of combining State funding from both agencies to make it work had been suggested, with the best location to be determined. Mr. Carter noted that DSS should be encouraged to get back on the State funding list.

Mr. Hale noted that his understanding is that DSS cannot be allocated funding for space unless they are on the list with the State and that funding is for new construction only. He stated that he had advised the Welfare Board that the County is undertaking all of the new construction it was in a position to undertake right now with the new Courts facility.

Ms. Brennan clarified that this is not part of the new Courts facility construction and noted that there are other funding sources that could accomplished this, with very little local money.

Mr. Carter noted that he would report on this in June.

VI.   Public Comments

There were no persons wishing to be recognized.

VII.   Adjournment

At 8:05 PM on a motion made by Mr. Johnson and seconded by Mr. Hale, Supervisors voted unanimously by voice vote to adjourn the meeting.