Board of Supervisors: January 18, 2005

January 18, 2005

January 18, 2005

Virginia:

At a Continued Meeting of the Nelson County Board of Supervisors on January 18, 2005, 6:00 p.m., at the Courthouse in Lovingston, Virginia, thereof:

Present:   Gary E. Wood, Chairman
       Harry S. Harris, Vice-Chairman
       Constance Brennan, Supervisor
       Thomas D. Harvey, Supervisor
       Thomas H. Bruguiere, Jr., Supervisor
       Stephen A. Carter, County Administrator
       Fred M. Boger, Planning Director
       Virgie A. Carter, Deputy Clerk

       Supervisor Wood arrived at the Meeting at 6:25 p.m.

Agenda Item Number I. Call Meeting to Order

6:00 P.M. Call Meeting to Order

Vice Chairman Harris called the meeting to order and stated that Chairman Wood would be late in attending the meeting.

Agenda Item Number II. Work Session

A.   Strategic Planning

Mr. Carter presented a summary of the proposed Capital Project Budget, and stated that Staff is working on a draft budget concurrent with the Capital Improvements Budget. The proposed Capital Budget is as follows:

Capital Project                       Estimated Cost

Government Facilities:
Courthouse Renovation & Expansion           $15,200,000
Recreation Complex (30,000 sq. ft.)           $ 5,500,000
Library Expansion (4,630 sq. ft.)           $     625,700

E911 Projects:
GIS                           $     130,000
Radio Communications Study           $       70,000
Radio Communications System           $ 2,500,000

January 18, 2005

Solid Waste:
Replace Scale House at Transfer Station       $       85,000
Repair Complete Tipping Floor Slab           $     225,000
Replace Excavation                    $     100,000
3 Convenience Centers               $ 1,050,000

Facility and Grounds Maintenance:
Renovate Fields at RRES               $       24,000
Blue Ridge Train Depot Roof Replacement       $       13,000

Schools:
Capital Asset Replacement Schedule:
Bathroom Partitions (TRES)               $         5,425
Buses (4 Per Year)                   $     215,446
Cafeteria tables (TRES)                                              $       20,000
Cars                           $       36,200
Cars (Driverâs ED) (NCHS)               $       12,280
Concession Stand (NCHS)               $       10,000
Desktop Computers (BG&M, RRES, & TRES)       $     153,892
Elevator (1) (NCHS)                   $       35,000
Fencing (TRES)                                                          $       15,864
Floor Title ö Corridors) (NCHS CTE WING)   $     100,000
Furniture (TRES)                                                          $     180,000
Lawn Mower (NCHS CTE WING)           $         2,800
Library Furniture (TRES)                        $       55,520
Lockers (NCHS CTE WING)               $       40,000
Network Servers (RRES)               $         8,342
Parking Lot (RRES & TRES)               $     355,317
Scoreboards ö Indoor (NCHS MB)           $         5,108
Vans                          $       33,600
8 Additional School Buses (Not on List)       $     430,892

Total All Projects                   $27,238,386

Mr. Carter stated that the proposed Capital Budget will be reviewed by Davenport, LLC, and they will provide a financial analysis of the Budget.

Supervisor Brennan discussed including information on paid Emergency Medical Services personnel and information of conducting reassessments more frequently. Mr. Carter also stated that the Board may want to consider looking into establishing a General Assessorâs Office.

January 18, 2005

Mr. Carter stated that the proposed Capital Budget will be discussed more during the budget work sessions.

Supervisor Harris stated that he still see the purchase of the Larkin property as being an investment. Supervisor Bruguiere stated that it is his understanding that a company from Northern Virginia has expressed an interest in purchasing the Larkin property.

B.   Zoning Ordinance Update

Fred Boger, Planning Director, stated that the Planning Commission has scheduled a Public Hearing on the Zoning Ordinance for February 2, 2005, 7:00 p.m., at the Nelson Middle School. Mr. Boger also stated that the Planning Commission will meet on February 9th to make final revisions before presenting the document to the Board of Supervisors.

Additionally, Mr. Boger gave a brief overview of the updates on various changes made on the proposed Zoning Ordinance.

Concluding comments from Mr. Boger, Supervisor Wood stated that he can see the advantage of clustering, and noted he does not have a problem with five acre lots.

Supervisor Harvey stated that in the proposed Zoning Ordinance, the County is not treating the small farmer the same as the large farmer; and stated he would like to see the County take the old Ordinance and revise it.

Supervisor Brennan stated that she would like to see a density bonus for clustering and noted she preferred development rights instead of limiting lot sizes.

Supervisor Harris stated that the County needs to put controls on developers and discussed setbacks and lot sizes.

Concluding comments regarding the proposed Zoning Ordinance, Supervisor Harvey asked if the Public Hearing has been scheduled regarding the Boardâs request to amend the Zoning Ordinance to list Community Centers as either a permitted use by right or a use permitted by special/conditional use permit in each district.

Mr. Boger noted that the Planning Commission will review the proposed amendment at their January 26th meeting.

January 18, 2005

C. Proposed Ordinance: Appointments for Boards and Commissions

Mr. Carter provided a proposed Ordinance developed by County Attorney Payne regarding the Appointments for Boards and Commissions. Mr. Carter also provided a
survey on the compensation of Boards and Commissions in localities in Planning District Ten and Region 2000. The proposed Ordinance is an abbreviated version of the Ordinance presented by Staff several months ago.

The Board of Supervisors discussed the proposed Ordinance and compensation and directed that the Ordinance be sent to the agencies for their review and comments. The Board also directed that Section 2-150 (Committee on Appointments) be deleted; that the appointee on the James River Alcohol Safety Action Program be reimbursed for mileage; the Nelson County Building Board of Appeals be compensated $50.00 per meetings; and to check with the Social Services Director to determine if the compensation for Welfare Board Members are paid locally or reimbursed by the State.

The Board of Supervisors deferred the item until the February 8th Meeting.

Agenda Item Number III. 7:30 P.M. Public Hearing: Proposed Application for Rural Development Funding: Piney River Water System

Mr. Carter stated that the County of Nelson has submitted an application for funding for the Piney River Water Project. Rural Development regulations require that a public announcement be published in the local paper within forty-five days of receipt of the application notifying the public of the applicantâs intent to apply for funding; and a public hearing be conducted on the proposed application to review public comment on the proposed project.

The Piney River Water Project involves the following:

ð   Extend water main along Route 56 from the Black Creek Water Treatment Plant to the Tye River; and
ð   Extend water mains through the Piney River service area to provide public water to approximately ninety-nine homes and several small businesses.

The water mains are sized so that a storage tank will not be required. Fire protection will be provided by the Lovingston Tanks.

The project will provide public water to ninety-nine homes and twelve businesses that currently do not have access to public water.

January 18, 2005

The application requests $987,494 in Rural Development loan funds and $807,950 in grant funds toward a $2.1 million project. The County is anticipating Federal funding in the amount of $1,795,582 and an EPA STAG Grant in the amount of $347,000 for a total of $2,142,582.

Timothy Castillo, Executive Director of the Nelson County Service Authority, and Fred Pribble of Draper Aden & Associates were present.

Supervisor Bruguiere questioned the purpose of writing a letter to the Planning Commission notifying them of the grant application. Mr. Carter noted that it is a required process for the Planning Commission to review the proposed grant application.

Additionally, Mr. Bruguiere questioned if funding is approved, could the project area be increased. Mr. Carter responded that it could reduce the amount of money borrowed or increase the project area, noting that the object for applying for funding is to reduce the amount of funds borrowed.

Concluding comments, Chairman Wood opened the Public Hearing.

Rob Rutherford stated that he owns property in Piney River and thanked the Board for taking advantage of the available funding. Mr. Rutherford stated that he supported the Piney River Phase III Project.

Following comments from Mr. Rutherford, Mr. Wood closed the Public Hearing.

Mr. Carter noted that no action was required.

Agenda Item Number IV. Other Matters

A.   Closed Meeting

Re: Closed Meeting

On a motion by Ms. Brennan, seconded by Mr. Harris, with Ms. Brennan voting yes, Mr. Harris voting yes, Mr. Bruguiere voting yes, Mr. Harvey voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That Pursuant to Section 2.2-3711.A.7 of the Code of VA, 1950, that the Nelson County Board of Supervisors hold a closed meeting for the following purposes:

January 18, 2005

ð   Consultation with legal counsel and briefings by staff members pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel.

Re: Return to Regular Session

On a motion by Mr. Harris, seconded by Mr. Harvey, with Mr. Harris voting yes, Mr. Harvey voting yes, Mr. Bruguiere voting yes, Ms. Brennan voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby return to Regular Session.

Re: Certification of Closed Meeting

On a motion by Ms. Brennan, seconded by Mr. Harris, with Ms. Brennan voting yes, Mr. Harris voting yes, Mr. Harvey voting yes, Mr. Bruguiere voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors, Pursuant to Section 2.2-3712.D of the Code of VA, 1950, that the Nelson County Board of Supervisors certify that to the best of each memberâs knowledge (i) only public business matters lawfully exempted from open meeting requirements under Chapter 37 (Virginia Freedom of Information Act) of Title 2.2 of the Code of VA, 1950 and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by the public body.

B.   Rockfish Convenience Center

Mr. Carter reported that the Rockfish Convenience Center will open on February 7th. The Board discussed the hours of the Rockfish Center, and ultimately decided to start out with hours from 7:00 a.m. to 7:00 p.m. A notice of the schedule will be advertised in The Nelson County Times including the closing dates for Adial, Stoney Creek, and Afton.

Susan McSwain noted that there have been some problems in getting attendants to work on Saturdays and Sundays. Supervisor Harris recommended offering a different salary for attendants on Saturdays and Sundays. The Board, by consensus, agreed to increase the salary for attendants working on Saturdays and Sundays.

January 18, 2005

C.   Orion Site Plan

Re: Review of the Site Plan for Orion

On a motion by Ms. Brennan, seconded by Mr. Harvey, with Ms. Brennan voting yes, Mr. Harvey voting yes, Mr. Bruguiere voting yes, Mr. Harris voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby schedule a review of the Site Plan for Orion at the February 8, 2005 Meeting.

D.   Rockfish Community Center

The Board of Supervisors, by consensus, authorized the Rockfish Community Center to do improvements to the Center (at their expense) to include removing blocks to allow for replacing a door, to include a Black Room, etc.

Agenda Item Number V. Adjournment

Re: Adjournment

On a motion by Mr. Harvey, seconded by Ms. Brennan, with Mr. Harvey voting yes, Ms. Brennan voting yes, Mr. Bruguiere voting yes, Mr. Harris voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby adjourn the January 18, 2005 Meeting to February 8, 2005.