Board of Supervisors: February 8, 2005

February 8, 2005

February 8, 2005

Virginia:

At a Regular Meeting of the Nelson County Board of Supervisors on February 8, 2005, 2:00 p.m., at the Courthouse in Lovingston, Virginia, thereof:

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

Agenda Item Number 1. Call Meeting to Order

Supervisor Wood called the meeting to order.

A.   Moment of Silence
B.   Pledge of Allegiance to the Flag: Supervisor Harvey

Agenda Item Number II. Consent Agenda

A.   Minutes
B.   Refunds
C.   FY 2004-2005 Budget Amendment
D.   Jackets: Drama Team
E.   FY 2005-2006 Local Government Challenge Grant
F.   Resolution: EPA STAG Grants, Signatory Authority

In response to questions from Supervisor Harris regarding the Budget Amendment, Mr. Carter stated that the appropriation does not include any additional increases in salaries, only previously approved increases.

Mr. Carter also noted that the proposed Resolution regarding the STAG Grant authorizes the County Administrator and/or the Finance Director to execute any documents pertaining to the STAG Grant.

Concluding discussion, the Board of Supervisors passed the following Resolution approving the Consent Agenda:

February 8, 2005

Re: Approval of Consent Agenda

On a motion by Mr. Harvey, seconded by Mr. Bruguiere, with Mr. Harvey voting yes, Mr. Bruguiere voting yes, Ms. Brennan 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 approve the Consent Agenda as follows:

A.   Minutes of the January 11, 2005 and January 18, 2005 Board of Supervisorsâ Meetings as presented;
B.   Refunds to Ford Credit Titling Trust in the amount of $250.22; and to Gelco Corporation in the amount of $421.85;
C.   FY 2004-2005 Budget Amendment

Re: Approval of Fiscal Year 2004-2005 Budget Amendment

BE IT RESOLVED by the Board of Supervisors of Nelson County that the Fiscal Year 2004-2005 Budget be hereby amended as follows:

I.   Appropriation of Funds (General Fund)

Amount   Revenue Account   Expenditure Account

$   1,921   3-100-002404-0004   4-100-031020-7004

   II.   Transfer of Funds

   A. General Fund (Employee Benefits)

Amount   Credit Account (-)   Debit Account (+)

$ 12,164.00   4-100-091030-5616   4-100-012010-1001
         930.00   4-100-091030-5616   4-100-012010-2001
     1,642 .00   4-100-091030-5616   4-100-012010-2002
      2,088.00     4-100-091030-5616   4-100-012010-2005
    16,824.00

      7,321.00   4-100-091030-5616   4-100-012150-1001
         560.00   4-100-091030-5616   4-100-012150-2001
         989.00    4-100-091030-5616   4-100-012150-2002
      1,266.00    4-100-091030-5616   4-100-012150-2005
    10,136.00

February 8, 2005

     1,170.00   4-100-091030-5616   4-100-032010-1001
                   89.00   4-100-091030-5616   4-100-032010-2001
                 158.00   4-100-091030-5616   4-100-032010-2002
           15.00    4-100-091030-5616   4-100-032010-2005
              1,432.00

             0.00   4-100-091030-5616   4-100-032030-1001
             0.00   4-100-091030-5616   4-100-032030-2001
             0.00   4-100-091030-5616   4-100-032030-2002
              2,169.00   4-100-091030-5616   4-100-032030-2005
              2,169.00

              7,811.00   4-100-091030-5616   4-100-034010-1001
                 459.00   4-100-091030-5616   4-100-034010-2001
              1,054.00   4-100-091030-5616   4-100-034010-2002
              1,521.00   4-100-091030-5616   4-100-034010-2005
            10,845.00

A.       General Fund (Employee Benefits) Continued

Amount   Credit Account (-)   Debit Account (+)

                     0.00   4-100-091030-5616   4-100-035010-1001
                         0.00   4-100-091030-5616   4-100-035010-2001
                     0.00   4-100-091030-5616   4-100-035010-2002
                     0.00   4-100-091030-5616   4-100-035010-2005
                     0.00

$    3,830.00   4-100-091030-5616   4-100-042030-   1001
                 293.00   4-100-091030-5616   4-100-042030-   2001
                 516.00   4-100-091030-5616   4-100-042030-   2002
                 981.00   4-100-091030-5616   4-100-042030-   2005
          5,620.00

$    4,694.00   4-100-091030-5616   4-100-043020-   1001
                 359.00   4-100-091030-5616   4-100-043020-   2001
                 632.00   4-100-091030-5616   4-100-043020-   2002
              2,844.00   4-100-091030-5616   4-100-043020-   2005
          8,529.00

February 8, 2005

          4,523.00   4-100-091030-5616   4-100-071020-1001
                 345.00   4-100-091030-5616   4-100-071020-2001
         610.00   4-100-091030-5616   4-100-071020-2002
         888.00   4-100-091030-5616   4-100-071020-2005
      6,366.00

                       4363.00   4-100-091030-5616   4-100-081010-   1001
                                 312.00   4-100-091030-5616   4-100-081010-   2001
                         588.00   4-100-091030-5616   4-100-081010-   2002
                 888.00   4-100-091030-5616   4-100-081010-   2005
              6,151.00

                           4,546.00   4-100-091030-5616   4-100-081020-   1001
                                 196.00   4-100-091030-5616   4-100-081020-   2001
                         613.00   4-100-091030-5616   4-100-081020-   2002
              1,284.00   4-100-091030-5616   4-100-081020-   2005
              6,639.00

SUBTOTAL:        $74,711.00   County Employees

       Amount   Credit Account (-)   Debit Account (+)

$    7,226.00   4-100-091030-5616   4-100-012090-1001
         161.00   4-100-091030-5616   4-100-012090-2001
        975 .00   4-100-091030-5616   4-100-012090-2002
      1,098.00     4-100-091030-5616   4-100-012090-2005
      9,460.00

A.   General Fund (Employee Benefits) Continued

       Amount   Credit Account (-)   Debit Account (+)

      7,735.00   4-100-091030-5616   4-100-012130-1001
         591.00   4-100-091030-5616   4-100-012130-2001
      1,044.00   4-100-091030-5616   4-100-012130-2002
                       1,869.00     4-100-091030-5616   4-100-012130-2005
                     11,239.00

      2,237.00   4-100-091030-5616   4-100-013020-1001
           17.00   4-100-091030-5616   4-100-013020-2001
         301.00   4-100-091030-5616   4-100-013020-2002
         444.00    4-100-091030-5616   4-100-013020-2005
      2,999.00
February 8, 2005

$    9,559.00   4-100-091030-5616   4-100-021060-1001
         731.00   4-100-091030-5616   4-100-021060-2001
      1,290.00   4-100-091030-5616   4-100-021060-2002
                    1,521.00    4-100-091030-5616   4-100-021060-2005
            13,101.00

              7,701.00   4-100-091030-5616   4-100-022010-1001
                 545.00   4-100-091030-5616   4-100-022010-2001
              1,039.00   4-100-091030-5616   4-100-022010-2002
              1,170.00   4-100-091030-5616   4-100-022010-2005
            10,455.00

            33,141.00   4-100-091030-5616   4-100-031020-1001
                     0.00   4-100-091030-5616   4-100-031020-1004
              2,535.00   4-100-091030-5616   4-100-031020-2001
              8,288.00   4-100-091030-5616   4-100-031020-2002
            10,502.00   4-100-091030-5616   4-100-031020-2005
                 362.00   4-100-091030-5616   4-100-031020-7015
            54,828.00

SUBTOTAL:       $102,082.00   State Compensation Board Employees

TOTAL        :    $176,793.00   Employee Benefits Transfer

B.       General Fund (Attorney)

Amount   Credit Account (-)   Debit Account (+)

$ 20,000.00   4-100-011010-3151   4-100-012040-3002

TOTAL        :    $20,000.00   Attorney Transfer

February 8, 2005

D.   Jackets: Drama Team

Re: Approval to Purchase Jackets for the Nelson County Drama Team

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve the purchase of jackets for the Nelson County Drama Team in the amount of $1,080.00.

E.   FY 2005-2006 Local Government Challenge Grant

Re: Approval of the Fiscal Year 2005-2006 Local Government Challenge Grant

BE IT RESOLVED, By the Nelson County Board of Supervisors that the County Administrator is hereby authorized to execute and submit an application for 2005-2006 Local Government Challenge Grant funding to the Virginia Commission for the Arts.

Said application to include a local match of $5,000.00 to be confirmed upon formal adoption of Nelson Countyâs Fiscal Year 2005-2006 Budget by the Board of Supervisors.

F.   Resolution: EPA STAG Grants, Signatory Authority

Re: EPA STAG Grants, Signatory Authority, Designation of Stephen A. Carter, County Administrator or Debra K. McCann, Finance Director

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby name and appoint the following persons as their authorized representatives to transact and sign any and all documents related to securing funds from the Federal Grants awarded to the County of Nelson as Administered by the Environmental Protection Agency; and

BE IT FURTHER RESOLVED, That the Nelson County Board of Supervisors hereby designates Stephen A. Carter, County Administrator or Debra K. McCann, Finance Director, to act on behalf of the County as the duly appointed person to satisfy this Resolution.

Agenda Item Number III. Public Comments and Presentations

A.   Public Comments

Chapin Wilson, Laurel Road, presented a letter from Tim Castillo of the Service Authority to Planning Director, Fred Boger, regarding the possibility of the Service Authority providing public water service for the proposed Mountain View Subdivision located on Route 639. Mr. Wilson stated that an infrastructure plan is needed before extending water to the area, and stated that it needs to be made clear that it is not an area for infrastructure development.

February 8, 2005

Additionally, Mr. Wilson provided a copy of an Editorial from The News & Advance
stating that Campbell County Officials are learning that they need to be careful about where they put their sewer and water lines. The Editorial further stated that growth along those lines is inevitable, and Campbell County is experiencing an unprecedented development rush.

Gordon Koerner, Brownings Cove Road, stated that he is in favor of the area staying Rural Residential as opposed to Rural and Farming.

Mr. Koerner also expressed opposition to political signs still being posted after the elections are over. Mr. Koerner requested the Board of Supervisors to direct the Planning Director to send letters to individuals that still have signs posted requesting them to remove the signs. Mr. Koerner stated that the signs are inconsistent with Tourism the County says they want.

B.   VDOT Report

Kevin Wright, Assistant Resident Engineer, Virginia Department of Transportation, presented the following Report:

ð   The entrance to the former Nelson Manufacturing Property has been reviewed and it was determined that no deceleration lane will be required. The only requirement will be to upgrade the current entrance to meet current minimum standards, which includes a 48â taper.

ð   A request was made that VDOT look into the possibility of adding additional five minute parking spaces near the Lovingston Post Office. (VDOT has not heard from the Postmaster).

ð   Route 664 Scenic Byway: Information has been sent to the County regarding an optional public hearing on the proposed Route 664 Scenic Byway. Mr. Wright requested the County to let them know if the County will or will not hold a Public Hearing. (Supervisor Wood stated that the item will be considered later in the Meeting).

ð   A Corridor Accident Study was not done for the 151/6/250 Corridor. VDOT is initiating the Study at this time.

February 8, 2005

Supervisor Bruguiere questioned if designating an area a Scenic Byway would prohibit businesses from opening along a Scenic Byway? (Mr. Wright will check on Mr. Bruguiereâs question and report back to the Board); questioned if Payneâs Garage will need a deceleration lane and noted that the Planning Commission will be meeting next week and hope the matter will be resolved then; requested VDOT to maintain the road on May Lane off of Clay Pool Road; and requested the road in front of Georgeâs Supermarket be brought up to State standards (Mr. Wright stated that the road would need to serve residential dwellings before it can be accepted into the State System).

Supervisor Harris requested VDOT to look at the ãturn radiusä on Route 668 and Route 655 noting that the area is starting to break off more and you can not make the turn because of a blind hill; stated that the holes are getting larger on Route 655 near the Cold Storage; and reiterated that the Route 665 Project is on hold and noted that the wording of the ãPress Releaseä was confusing to some of the citizens.

Supervisor Brennan stated that a Sam Homewood commended VDOT for clearing roads during the recent snow storm and asked her to relay the message; asked the status of a concern made last month stating you can not see the recently installed Dedication Sign on Route 151 North in honor of the late Senator Emily Couric until you are on it (Mr. Wright stated that crews were out Friday and were scheduled to look at the sign); asked the status of a request to install a traffic sign on Route 29 South near Buck Creek Lane (Ms. Brennan stated that a big truck went off the road and noted that the culvert is not getting any better).

Mr. Wright reported that the culvert near the Dead End on Route 617 and Route 618 will be replaced tomorrow.

Supervisor Wood stated that Messrs. Whitaker and Barnes requested him to thank VDOT for the work done on their road; noted that the new road at the High School is not in the State System; discussed the runoff problem on Ronald Collinsâ property near the High School; requested an update on improvements to the road to the Faber Post Office (Mr. Carter stated that the County is waiting for feedback from Norfolk Southern).

C.   Dr. Frank Friedman, PVCC

Dr. Frank Friedman, President of Piedmont Virginia Community College, provided an annual report on the operations and programs at PVCC. Statistics for Nelson County enrollment for 2003-2004 are as follows:

February 8, 2005

On Campus Enrollment ö 2003-2004

ð   Total Number of Students Enrolled at PVCC, 6,497
ð   Number of Nelson County Residents Enrolled at PVCC, 348
ð   Percent of PVCC Students Who Are Residents of Nelson County, 5.3%
ð   Percent of All Nelson County Residents Enrolled at PVCC, 2.3%
ð   Number of recent high school graduates from Nelson County Enrolled at PVCC, in Fall 2003, 15
ð   Percent of recent high school graduates from Nelson County Enrolled at PVCC in Fall 2003, 9%
ð   Percent of Nelson County Residents Attending Colleges and Universities in Virginia Enrolled at PVCC in Fall 2003, 45%

Off Campus Enrollment, Fall 2003

ð   Dual Enrollment
Nelson County High School: 4 courses, 49 students, 50 enrollments Students
ð   Distance Learning: 36 courses, 764 enrollments, 566 students
                        33 Students from Nelson

Dr. Friedman stated that PVCC is in the Design Phase for the new science building.

Additionally, Dr. Friedman stated that Debbie Harvey, Nelson Countyâs Representative on PVCC, had a prior commitment and could not attend the Meeting today.

The Board of Supervisors commended Dr. Friedman for all of PVCCâS accomplishments.

Supervisor Bruguiere stated that his daughter is participating in dual enrollment and he hope the High School will partner to do more dual enrollment. Mr. Bruguiere also asked if there are any special qualifications to teach dual enrollment. Dr. Friedman stated that the teachers have to meet PVCCâS standards.

Supervisor Brennan questioned if dual enrollment is accepted in all colleges (Dr. Friedman stated that dual enrollment is accepted in colleges where traditional Language Arts are taught); asked if the Business Force is a part of the Work Force (Dr. Friedman stated that the Business Force is a part of the Work Force); and asked if classes are available in physical therapy (Dr. Friedman stated that a needs assessment will have to be conducted before classes in physical therapy can be offered).

February 8, 2005

D.   Bob DeMauri, Thomas Jefferson Partnership for Economic Development

Bob DeMauri, Executive Director, Thomas Jefferson Partnership for Economic Development, provided an overview of the Charlottesville and Central Virginia Region and its economy. Mr. DeMauri stated that the Partnership is an alliance of Central Virginia businesses, local governments and educational institutions formed to promote and maintain economic prosperity for all citizens and thereby enhance the exceptional quality of life that exists throughout the region.

The Partnership includes Albemarle, Charlottesville, Culpeper, Greene, Fluvanna, Louisa, Greene, Madison, Nelson, Orange, the University of Virginia, Piedmont Virginia Community College, and the Germanna Community College serving more than 3,200 square miles and some 270,000 people. The workforce distribution for Nelson County is 7,000 with 59 percent of the workforce commuting.

Mr. DeMauri stated that the Partnership will be looking at a number of issues and will be conducting a community assessment to determine what localities have to offer businesses. Mr. DeMauri also stated that sessions will be conducted with several local governments.

Supervisor Brennan asked if the Partnership participates in the Workforce Investment Board. Mr. DeMauri responded yes and noted that Mr. Carter serves on the Executive Board.

Supervisor Harris thanked Mr. DeMauri for the assistance from the Partnership, and

Supervisor Wood stated that Nelson would be interested in participating in the proposed community assessment.

E.   Randy Jones, Robinson, Farmer, Cox Associates

Randy Jones, Auditor with Robinson, Farmer, Cox Associates, provided an overview of the 2003-2004 Audit, and noted that no matters of non conformance were found. Mr. Jones stated that the County is in good financial condition. Mr. Jones stated that the two items noted in the management letter have been addressed.

Supervisor Bruguiere asked Mr. Jones if he has any recommendations for funding the Courthouse Project. Mr. Jones stated that the County may want to consider the low interest rates that are available now.

Supervisor Wood questioned where Nelson stands in renovating the Courthouse. Mr. Jones stated that the debt per capital is 2,341.

February 8, 2005

F.   Paul Saunders/Woody Greenberg, Nelson County Historical Society & Oakland ö the Nelson County Museum of History

Mr. Saunders provided a brief progress report on the Nelson County Museum of History, and noted that the Historical Society has raised about $100,000 towards the $275,000 purchase price of Oakland, and has pledges for another $26,000. Mr. Saunders stated that a down payment of $58,000 has been made and a yearâs worth of payments on the interest on the loan is in the bank, plus money set aside for operational expenses.

Mr. Saunders stated that the Society has asked Senator Creigh Deeds and Delegate Watkins Abbitt to introduce a budget amendment in the amount of $150,000 during this session of the General Assembly to help develop the property, and they have agreed to do so. However, Mr. Saunders noted that the Society does not expect to get the full amount this year. A fund raising goal of $500,000 for the first phase of the project has been set. This includes the purchase of the property, the renovation and restoration of the house, a turning lane and parking, and the development of exhibits.

Additionally, Mr. Saunders stated that the Society is requesting the Board of Supervisors to contribute $50,000 this year and noted that the total request is for $137,500 over a three year period, $50,000 this coming year, $50,000 in 2006-2007 and $37,500 in 2007-2008. A proposed budget for the Oakland Museum Operating Fund for Fiscal Year 2005 was provided.

The Board thanked Mr. Saunders for his presentation and stated the request will be considered during the upcoming budget sessions.

Agenda Item Number IV. Unfinished Business

A.   Proposed Ordinance: Appointments for Boards and Commissions

Mr. Carter presented a revised Ordinance prepared by County Attorney Payne regarding Appointments for Boards and Commissions.

The Board discussed the compensation for Boards, in particular, reducing compensation for the Welfare Board. The Board also discussed if the local governing body or if the Welfare Board is responsible for establishing compensation (Mr. Carter will check the State Code). The Board also discussed increasing the compensation for the Planning Commission to $75.00, and ultimately decided to conduct a Public Hearing on the proposed Ordinance and make adjustments following the Public Hearing.

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

February 8, 2005

Re: Authorization to Advertise a Public Hearing Regarding the Proposed Appointments for Boards and Commissions Ordinance

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby authorize a Public Hearing be advertised regarding the proposed Appointments for Boards and Commissions Ordinance for the March 8, 2005 Meeting.

B.   Byway Designation: Route 664 (Beech Grove Road)

Mr. Carter provided a letter from Michael Estes of the Virginia Department of Transportation stating that Pursuant to Section 33.1-62, a locality may choose to conduct a public hearing on a proposed Byway Designation. Mr. Estesâ letter further stated that VDOT Staff will assist with the hearing upon a request from the governing body. If a request is not received, VDOT will move forward with preparing a Resolution for the Commonwealth Transportation Boardâs consideration of the designation.

Concluding comments from Mr. Carter, on a motion by Ms. Brennan, seconded by Mr. Bruguiere, with Ms. Brennan voting yes, Mr. Bruguiere voting yes, Mr. Harvey voting yes, Mr. Harris voting yes, and Mr. Wood voting yes, the Board of Supervisors directed a public hearing be scheduled on the proposed Byway Designation as follows:

Re: Authorization to Schedule a Public Hearing on a Proposed Byway Designation on Route 664 (Beech Grove Road)

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby authorize scheduling a Public Hearing on the proposed Byway Designation on Route 664 (Beech Grove Road) for the March 8, 2005 Meeting; and

BE IT FURTHER RESOLVED, That the Board of Supervisors does hereby request assistance from VDOT Staff for the March 8th Public Hearing.

Agenda Item Number V. New Business

A.   Consider Joint Meeting with School Board

The Board of Supervisors directed that a joint meeting with the School Board be scheduled for Thursday, February 24, 2005 at the Nelson Middle School. Mr. Carter noted that the School System has offered to serve dinner at 6:15 p.m., with the meeting starting at 7:00 p.m. (The Board accepted the invitation for Dinner).

Additionally, Mr. Carter stated that Staff will present the County Budget to the Board of Supervisors following the Meeting with the School System.

February 8, 2005

B.   Resolution to Modify and Readopt Reimbursement Resolution for Capital Projects

Mr. Carter provided a draft Resolution to Modify and Readopt the Reimbursement Resolution for Capital Projects. Mr. Carter stated that the original Reimbursement Resolution included an amount not to exceed $15,000,000 and the proposed Resolution
includes an amount not to exceed $20,000,000. Mr. Carter stated that the proposed Resolution does not obligate the County and noted that Paul Jacobson recommended the Board consider the Resolution as an ability to reimburse the County if needed.

Concluding discussion, the Board of Supervisors deferred action on the proposed Resolution.

C.   Ryan School Apartments

Leonard Loman, Jefferson Area Board For Aging, requested the Board of Supervisors to consider a Tax Abatement for the Ryan School Apartments. Mr. Loman stated that JABA has sought funding from four main sources to support the conversion of the Ryan School into thirty-one independent living senior apartments as follows:

ð   Commonwealth of Virginia Community Development Block Grant CDBG: $770,000
ð   Federal Home Loan Bank/Affordable Housing Program: $237,000 (grant)
ð   Tax Credit Investors/Enterprise Social Investment Corporation (ESIC): $1,521,000
ð   U.S. Department of Agriculture/Rural Development: $750,000 (50 year loan at 1%)

The $1.5 million from ESIC are contingent upon JABA obtaining funding from the other three sources, and JABA has received commitments from the CDBG and the FHLB. However, Mr. Loman stated that JABA is unable to close on the USDA/RD $750,000 loan because of a previously unknown USDA/RD requirement to maintain a 10% construction reserve, totaling $389,000. An annual shortfall of $18,000 remains in the projectâs operating budget.

Supervisor Wood stated that instead of the Board of Supervisors approving a tax exemption, the County could reimburse JABA for the taxes as is being done for Community Centers. Mr. Wood questioned if the $18,000 per year could be placed in reserve and used for emergencies. Mr. Loman stated that there is a requirement for ten years and noted that remaining funding could be allocated to the County after the ten years.

February 8, 2005

Concluding discussion, the Board of Supervisors passed a Resolution to appropriate the $18,000 as follows:

Re: Approval of $18,000 Appropriation to the Ryan School Apartments

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve a $18,000 appropriation to the Jefferson Area Board For Aging for the Ryan School Apartments contingent upon a negotiated agreement and annual review.

D.   Wintergreen Project

Dan Siegel of Sands Anderson Marks & Miller, Jim Sanderson of Davenport, LLC, and Phil Payne, County Attorney, provided information on the proposed $90 million capital improvement project at Wintergreen. An overview of the proposed Wintergreen Project was presented which includes a hotel, parking lots, roads, a transport system, and other improvements.

Mr. Siegel stated that the Board of Supervisors has entered into a Memorandum of Understanding which requires the establishment of a Community Development Authority to issue bonds for the project.

The organization of the CDA would include five members appointed by the Board of Supervisors with one member designated by the Wintergreen Property Ownersâ Association, and two additional CDA Board Members will be recommended by WPOA.

The Board, by consensus, approved the five member CDA Board.

Additionally, it was noted that the CDA Board will deal primarily with bond issues. The tax rate will be related to the debt.

In addition to real estate taxes collected from the additional homes built as a result of the improvements, revenues associated with the hotel are estimated at $420,000 for the first year and up to $650,000 by the tenth year.

Concluding discussion, the Board passed a Resolution to go into a Closed Meeting to further discuss the proposed CDA. Mr. Carter recommended that Staff Members, Maureen Corum and Debra McCann be included in the Closed Meeting.

February 8, 2005

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:

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. Bruguiere, with Mr. Harris voting yes, Mr. Bruguiere voting yes, Mr. Harvey 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. Bruguiere, with Ms. Brennan voting yes, Mr. Bruguiere voting yes, Mr. Harvey voting yes, Mr. Harris voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That 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.

February 8, 2005

Agenda Item Number VI. Reports, Appointments, Directives, and Correspondences

A.   Board of Supervisors Committee Reports

1. Thomas Jefferson Planning District Commission

Ms. Brennan stated that the last Thomas Jefferson Planning District Commission Meeting was cancelled.

B.   Appointments

Ms. Carter presented vacancies on Boards and Commissions for February.

A letter was also presented from the Northwestern Virginia Health Systems Agency, Inc., regarding the vacancy created by Peggy Whitehead on the Thomas Jefferson Health Council. Mr. Mills of the Agency stated that although Ms. Whitehead is a health care provider, the Agency is seeking a consumer, someone who is not currently employed in the health care industry, and whose household income does not appreciably derive from work in the industry.

Additionally, Supervisor Harris stated that Ronnie Moyer has expressed an interest in filling the alternateâs position on the Board of Zoning Appeals. Mr. Harris stated he has requested Mr. Moyer to send a letter stating his interest.

C.   Board Directives

Supervisor Brennan stated that discussion at the last School Board/Board of Supervisorsâ Meeting included the FY 2004-2005 School Budget; discussed the joint VML/VACO Meeting and the Rural Carcus Dinner conducted last Tuesday and Wednesday in Richmond; discussed items before the General Assembly that will affect Nelson County including House Bill 2282 dealing with the ãapplicability of local noise ordinances to certain sport shooting rangesä (it was noted that Supervisor Wood and County Administrator Carter attended the General Assembly in opposition to the proposed Bill); requested Mr. Carter to compile information on the Downtown Revitalization Project; discussed the Horizon Subdivision (Mr. Carter stated that County Attorney Payne has indicated that he does not think Alexandra Larter can be extradited and that funds received before the suit was filed can not be recovered; commended David Whitehead of the Eagle Scouts and the Drama Team for their achievements; recommended drafting a sound ordinance for the County; and discussed preparing a wastewater program for the county.

February 8, 2005

Supervisor Harris discussed the Senior Advisory Committee (Supervisor Brennan presented a list of the proposed Committee and appointments were deferred); reported that he has requested Mr. Carter to work with him regarding the consolidated Convenience Center in the Shipman area (Mr. Carter reported that the Project Engineer has looked at property on the South side of VDOT in Shipman, and noted that he has not had an opportunity to evaluate the site yet); and Mr. Harris stated that the Arrington and Shipman sites need gravel.

Mr. Carter reported on the opening on the Rockfish Convenience Center, and stated that approximately ninety-five percent of the citizens using the Center support it and five percent is not in support.

Supervisor Wood requested information from the Commissioner of Revenue regarding revenue from the meals tax and sales tax; and discussed scheduling meetings for the Zoning Ordinance and Budget.

The Board of Supervisors, by consensus, scheduled meetings as follows:

Tuesday, February 22, 2005, 7:00 p.m.:    Zoning Ordinance Work Session
Thursday, February 24, 2005, 6:15 p.m.: Joint Meeting with the School Board with
                                                                   Dinner being served at 6:15 p.m., and
                                                                   presentation of the County Budget following
                                                                   the School Board Meeting
Tuesday, March 1, 2005, 7:00 p.m.           Zoning Ordinance Work Session

D.   Correspondences

No correspondence was presented.

Agenda Item Number VII. Closed Meeting

An additional Closed Meeting was not needed.

Agenda Item Number VIII. Recess and Reconvene for Evening Session

The Board of Supervisors recessed the Afternoon Session at 6:00 p.m., and reconvened the Evening Session at 7:30 p.m.

Agenda Item Number IX. Site Plan Review Number 2004-014: Orion Corporate Training Center

Prior to Agenda Item Number IX, Supervisor Harvey introduced and welcomed North District Student Intern, Thaddeas Webb.

February 8, 2005

Concluding the introduction of Mr. Webb, Planning Director, Fred Boger, stated that Pursuant to Section 13-5-5 of the Nelson County Zoning Ordinance, the following people have requested a review of the site plan for Orion Corporate Training Facility:

ð   Paul Klinefelter
ð   Audrey Robertson
ð   Lucille Robertson
ð   Elizabeth D. MacIntosh
ð   John E. Heilmann

Mr. Boger stated that the primary reason for the request is that the residents of the area feel that they have not had the opportunity to discuss the proposed uses of the Corporate Training Facility.

Mr. Boger stated that as part of the application for the Conditional Use Permit, the County required the applicant to submit a detailed list of the activities that will take place at the facility so that the community and County would know how it would be used if the CUP were approved. The applicant submitted a detailed list of 41 activities and the document was identified as Corporate Training Facility-Customer/Client Activity Base. This document was part of the CUP request approved by the Board. A number of activities were discussed such as powered parachute flying, special events, yurt/tent base camp, receptions, and client entertainment.

Mr. Boger stated that the apparent problem is that the community was so focused on opposing the Conditional Use Permit that they did not focus on any one specific activity proposed by the applicant, other than the shooting activities. Mr. Boger stated that he has discussed this matter with County Attorney Payne and he has indicated that many of the proposed activities were discussed by the Board and the list of activities was approved.

On December 29, 2004, the Planning Commission reviewed the site plan for the training facility and voted five to one to approve the site plan contingent upon the E & S Plan being approved.

Concluding comments from Mr. Boger, Supervisor Wood stated that although the Site Plan Review is not a Public Hearing, he will allow comments.

There being no comments from the audience, Supervisor Wood closed the floor for public comments.

The Board of Supervisors approved the Site Plan as follows:

February 8, 2005

Re: Approval of Site Plan Number 2004-014: Orion Corporate Training Center

On a motion by Mr. Bruguiere, seconded by Mr. Harvey, with Mr. Bruguiere voting yes, Mr. Harvey voting yes, Mr. Harris 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 approve Site Plan Number 2004-014: Orion Corporate Training Center contingent upon the E & S Plan being approved.

Supervisor Brennan thanked the community members for the petitions and letters submitted regarding the site plan review for Orion, and noted that there is not a lot the Board can do regarding the site plan. Ms. Brennan noted that the Board can not place conditions on site plans.

Supervisor Harris stated that he concurred with Ms. Brennan, and reiterated that the Board of Supervisors does not have a means to not approve site plans.

Supervisor Wood stated that he has talked with several of the neighbors in the community regarding the process for approving site plans. Mr. Wood noted that the Planning Commission considers requests, then the Board of Supervisors, and the next step is the site plan.

Agenda Item Number X. Public Comments

Janet and Jean Allen of Clag Pool Road expressed concern regarding the condition of an abandoned house on the property of their next door neighbor, Sally Fisher. Mr. Allen stated that the house is a fire hazard to the community.

Supervisor Bruguiere stated that he visited with the Allens on Saturday and there are two mobile homes and one house on the property. Mr. Bruguiere stated he outlined the options for removing a structure that is a hazard to the community, and also noted that the Health Department and the Community Development Foundation maybe able to offer assistance.

Supervisor Harris stated that the Monticello Area Community Action Agency may also be able to offer assistance.

Mr. Bruguiere stated he will work with Mr. Carter to alleviate the problem.

February 8, 2005

Agenda Item Number XI. Other Business

No other business was discussed.

Agenda Item Number XII. Adjournment

Re: Continuance of the February 8, 2005 Meeting to February 22, 2005

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby continue the February 8, 2005 Meeting to February 22, 2005 in order to conduct a Zoning Work Session.