Board of Supervisors: April 12, 2005 afternoon session

April 12, 2005 afternoon session

April 12, 2005

Virginia:

At a Regular Meeting of the Nelson County Board of Supervisors on April 12, 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 I. Call Meeting to Order

Supervisor Wood called the meeting to order. Mr. Wood announced that Supervisors Brennan and Harris will be late in attending the 2:00 Session.

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

Agenda Item Number II. Consent Agenda

A.   Minutes
B.   Refunds
C.   Jackets: Boyâs Indoor Track Team
D.   FY 2004-2005 Budget Amendment
E.   Resolution: Declaring April as Fair Housing Month
F.   Resolution: Wintergreen Valley Utility Service Area
G.   Resolution: Opposing Elimination of the CDBG Program

The Board of Supervisors, by consensus, removed Item F. from the Consent Agenda for discussion purposes.

Additionally, the Board of Supervisors passed a Resolution approving the Consent Agenda as follows

April 12, 2005

Re: Approval of Consent Agenda

On a motion by Mr. Bruguiere, seconded by Mr. Harvey, with Mr. Bruguiere voting yes, Mr. Harvey voting yes, Ms. Brennan absent, Mr. Harris absent, 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 February 8, 2005 and March 8, 2005 Board of Supervisorsâ Meetings as presented;
B.   Refunds to Andrew J. and Sandra Puttagio in the amount of $36.59; Michael D. and Wanda M. Bryant in the amount of $179.40; and Harvey Logging Company in the amount of $1,917.50.
C.   Jackets: Boyâs Indoor Track Team

Re: Approval to Purchase Jackets for the Boyâs Indoor Track Team

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

D.   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
       $    2,300.00   3-100-001303-0008   4-100-034010-6001

II.         Transfers from General Fund Contingency

Amount   Credit Account   Debit Account
      $ 60,000.00   4-100-999000-9901   4-100-033010-6001
            724.00   4-100-999000-9901   4-100-031020-5409
   $ 60,724.00

April 12, 2005

E.   Resolution: Declaring April as Fair Housing Month

Re: Fair Housing Month, 2005

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

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

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

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

WHEREAS, Nelson County supports equal housing opportunity and seeks to affirmatively further fair housing not only during Fair Housing Month in April, but throughout the year:

NOW THEREFORE, BE IT RESOLVED, That in the pursuit of the shared goal and responsibility of providing equal housing opportunities for all, the Board of Supervisors of Nelson County, Virginia, does hereby join Piedmont Housing Alliance in the national celebration by proclaiming April, 2005 as Fair Housing Month and encourages all Nelson County individuals and organizations, public and private, to abide by the letter and the spirit of the Fair Housing laws.

F.   Resolution: Opposing Elimination of the CDBG Program

Re: Opposing the Elimination of the Community Development Block Grant Program (CDBG)
WHEREAS, The Administration has proposed the elimination of the Community Development Block Grant program in his Fiscal Year 2006 budget, a federal program which provides funds urgently needed in Nelson County for important infrastructure, economic development, and housing projects; and
WHEREAS, The County of Nelson was able to rehabilitate dilapidated housing, fix water and sewer lines, and build affordable housing for the elderly because of the CDBG program; and

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WHEREAS, The CDBG program creates a successful partnership of Federal, state, and local governments, businesses, non-profits and community efforts; and
WHEREAS, The CDBG program enables the County of Nelson to design and provide programs that address the specific needs of low and moderate income people and communities at the local level; and
WHEREAS, Funds for these kind of urgently needed projects are not and will not be available from any other Federal, state, local or private source:
NOW THEREFORE, BE IT RESOLVED, That the County of Nelson opposes the proposed elimination of the Community Development Block Grant Program; and
BE IT FURTHER RESOLVED, That the County of Nelson does hereby respectfully requests that Senators George Allen and John Warner or Congressman Virgil Goode support maintaining the CDBG program at the U.S. Department of Housing and Urban Development and $4.7 billion appropriation for CDBG for FY06.

Agenda Item Number III. Public Comments and Presentations

     A. Public Comments
Gordon Koerner read a statement in support of funding the Gladstone, Schuyler, and Rockfish Senior Centers.
B.   VDOT Report
Kevin Wright, Assistant Resident Engineer, Virginia Department of Transportation, presented the following Report:
ð   The Route 151 Bridge Project is underway.
ð   VDOT is currently working with Draper Aden regarding solutions to drainage problems at League Lane.
ð   VDOT is addressing a complaint about Route 762 not being maintained properly.
ð   Waltonâs Mountain Museum Signs on Route 29: Current policy only provides signs at the closest primary highway (Route 6). Off-Site advertising by the business owner (or museum) is normally recommended.
Concluding comments from Mr. Wright, Supervisor Harvey thanked VDOT for the work done at the Rockfish Convenience Center; and requested blinking signs be located at the Church of the Blue Ridge.

April 12, 2005
Supervisor Bruguiere reported on a potential problem that was brought to his attention regarding the road at the former Ryan Elementary School. Mr. Wright will review the history of the road and report back to the Board.
C.   George Krieger: Community Development Foundation
George Krieger, Community Development Foundation, thanked the Board for adopting the Resolution Declaring April as Fair Housing Month.
Additionally, Mr. Krieger discussed enabling legislation in Virginia (Section 58.1-3220 of the State Code) that, once adopted by a locality, can provide homeowners with partial tax exemption from the increased value that results when substantial rehabilitation is done to their homes. Mr. Krieger stated that he is not requesting the Board to approve the enabling legislation now, but only to make them aware of its existence. Mr. Krieger stated that under the Indoor Plumbing Rehab Program and the Emergency Loan Fund for Elderly and Disabled, the Foundation often help families whose homes are severely deteriorated and may lack running water and indoor plumbing. Mr. Krieger noted that their homes are often carried on the tax roles at little or no value. Mr. Krieger stated that he will be willing to serve on a task force to review the tax credits.
Concluding Mr. Kriegerâs presentation, he reported that it is the 20th Anniversary of the Community Development Foundation.
The Board of Supervisors congratulated the Community Development Foundation for twenty successful years and expressed their gratitude to Mr. Krieger in providing rehabilitated services to citizens in the County.
Discussion on the legislation was deferred until all Board Members are present.
D.   Susan McSwain: Solid Waste Program
Susan McSwain provided a status report on solid waste a follows:
Rockfish Collection Center:   The Rockfish Collection Center continues to be extremely busy, and the biggest problem for attendants will occur after April 15th, when temporary passes will no longer be valid.
Since the opening of the Rockfish Collection Center, there has been a decrease of 114 tons of garbage and 11 fewer hauls at Rockfish. A decrease of 184 tons of garbage has been realized at the Transfer Station; 218 tickets have been written for commercial garbage (346 tons); and 722 tons for residential garbage, a decrease of 197 tons.
Region 2000:   Ms. McSwain stated that RW Beck has completed Phase I of a two phase feasibility study for creation of a regional solid waste authority for Region 2000. The creation of an authority could take place by the end of 2007. Ms. McSwain stated that of particular interest to Nelson County would be the small generator fee; recycling; household hazardous waste; and brush and composting.
Transfer Station: Ms. McSwain stated that the Department of Environmental Quality will no longer allow transfer stations and landfills to burn brush. The County must now pay to haul any brush delivered to the Transfer Station to the Amelia Landfill. Many jurisdictions now charge a tipping fee for brush.

April 12, 2005

Tires: Ms. McSwain stated that the Company under contract with Region 2000 to take waste tires is no longer financially viable. A new RFP was issued, and it appears that the new contract will be with Emanuel Tire in Appomattox. The bulk $80 ton rate now paid by Nelson will increase fifty percent to $120 per ton.
Waste Management, Inc. Ms. McSwain stated that Waste Management, Inc., has agreed to use the new Excel program beginning with the second quarter of 2005. The program is designed to give more accurate data on each site, haul weights, and type and efficiency of recycling.
Gladstone: Ms. McSwain stated that on March 2nd, eleven semi-truck tires on rims were dumped on the ground at Gladstone. The cost to the County for disposal of these tires was $176. Ms. McSwain further stated that the request to move the recycle containers from Gladstone to Montebello still stands.
Staffed Site Search: Ms. McSwain stated that Staff continues to look for appropriate sites for the next three staffed collection sites.
E.   Randy Vaughan, Wiley & Wilson: Courthouse Renovation Project
Randy Vaughan of Wiley & Wilson presented a detailed power point presentation on the Judicial and Government Facility Planning Study, and noted that the information was also presented to the Courthouse Renovation Committee. Mr. Vaughan presented a Design Premises for the Courthouse as follows:
ð   The historic courthouse will remain the courthouse.
ð   The historic courthouse is to remain the prominent feature.
ð   The courthouse green is to remain intact.
ð   All judicial and county administration functions must be included.
ð   Everything must fit on the existing site, as no additional land is available.
ð   The facility must continue to function throughout the construction.

Additionally, Mr. Vaughan presented Scheme 5 (including a site plan) to include a new Courthouse addition with three floors (26,978 square feet); County Administration Building #1 (16,100 square feet) and Building #2 (25,500 square feet); the Historic Jail Building including Dispatching and Emergency Services; the Historic Courthouse ö Circuit Court, three floors (8,560 square feet); and an elevated parking structure with one level of on grade parking below (125 spaces upper lever and 110 spaces lower level.

The total space needs is projected at 78,151 and parking is projected at 269 spaces.

The preliminary project budget is projected at $17,116,000 and escalation @ five percent per year for two years is $17,972,000.

The Board of Supervisors discussed several options and ultimately directed Staff to provide additional information as follows:
April 12, 2005

ð   The possible acquisition of land at the northwest corner of the campus to provide additional space for expansion, and the acquisition of approximately two acres at the back of the Courthouse.
ð   The possibility of relocating the Health Department, Social Services, and School Board Offices off-site. The Board discussed the Service Authority relocating to the Treatment Facility in Colleen.

Agenda Item Number IV. Unfinished Business

A.   Programmatic Agreement: Nelson County Courthouse Complex Renovation

Mr. Carter presented the Programmatic Agreement for the Nelson County Courthouse Complex Renovation.

Concluding discussion, 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:
April 12, 2005
RE: APPROVAL OF PROGRAMMATIC AGREEMENT AMONG THE UNITED STATES DEPARTMENT OF AGRICULTURE - RURAL DEVELOPMENT, ADVISORY COUNCIL ON HISTORIC PRESERVATION, VIRGINIA DEPARTMENT OF HISTORIC RESOURCES AND NELSON COUNTY ADMINSTRATION DEPARTMENT REGARDING NELSON COUNTY JUDICIAL AND GOVERNMENT FACILITIES RENOVATIONS AND EXPANSION
WHEREAS, the Nelson County Administration Department (hereinafter Applicant) has applied to the U.S. Department of Agriculture - Rural Development (hereinafter Rural Development) for financial assistance through the Community Facilities (CF) program to renovate and expand the existing county Judicial and Government office complex to serve the residents of the Nelson County; and
WHEREAS, Section 106 of the National Historic Preservation Act (16 U.S.C. Section 407f) (Section 106) and its implementing regulations, 36 C.F.R. Part 800, require Federal Agencies to take into account the effects of their Undertakings on historic properties and to afford the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment prior to the approval of such Undertakings; and
WHEREAS, Rural Development has determined that the provision of federal assistance for the renovation and expansion proposed by the Applicant is an Undertaking as defined in 36 CFR Part 800.16(y); and

April 12, 2005

WHEREAS, Rural Development has consulted with the Virginia Department of Historic Resources, serving as the State Historic Preservation Office (SHPO), that the Undertaking may have an effect on properties included or eligible for inclusion in the National Register of Historic Places (NRHP); and
WHEREAS, the Applicant has participated in the consultation and has accepted an invitation to be a party to this Programmatic Agreement (PA); and

WHEREAS, the Nelson County Historical Society and Preservation Piedmont have been invited to sign as a concurring parties; and
WHEREAS, pursuant to 36 CFR Part 800.14(b)(2)(i), Rural Development has invited the Virginia Council on Indians (VCI) to participate in consultation in developing this PA and to sign as a concurring party; and

WHEREAS, the ACHP in accordance with 36 CFR Part 800.14 has agreed to participate in this PA.

NOW THEREFORE, Rural Development, ACHP, the SHPO, and the Applicant agree that the Undertaking shall be implemented in accordance with the following stipulations in order to take into account the potential effects of the Undertaking on historic properties.

April 12, 2005

STIPULATIONS
Rural Development will ensure that the following measures are carried out:

I.   IDENTIFICATION AND EVALUATION

A.   Rural Development will with support from the Applicant and in consultation with SHPO define the project Area of Potential Effect (APE). The APE will include those geographic areas within which the undertaking may directly or indirectly cause effects to historic properties.

B.   Rural Development with support from the Applicant and in consultation with SHPO will identify and evaluate for the National Register of Historic Places (National Register) properties located within the APE pursuant to 36 CFR Part 800.4. At a minimum, Rural Development with support from the Applicant will complete the following steps in an effort to complete the identification process:
1.   Conduct a search of the Department of Historic Resources archive to collect information on known historic properties located within the APE.
2.   For those properties not previously evaluated for the National Register apply the National Register Criteria.
3.   Evaluate properties for the National Register individually and as contributing resources to a potential historic district.
4.   Afford the public an opportunity to comment regarding potential historic properties in the APE pursuant to the procedure outlined in Stipulation VII.

C.   For all components of this undertaking that involve ground disturbance, Rural Development will consult with the SHPO, per Stipulation III, on the potential effects of the project on archaeological resources.

D.   Any necessary identification efforts will conform to the SHPOâs Guidelines For Conducting Cultural Resource Survey In Virginia: Additional Guidance for the Implementation of the Federal Standards Entitled Archaeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines [48 FR 44742, September 29, 1983] (1999, rev. 2001) (ãSHPOâs Survey Guidelinesä).

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E.   Rural Development with support from the Applicant will submit two (2) draft copies of the technical report on the identification of historic properties, which must include recommendations on the National Register eligibility of all recorded and previously unrecorded resources, to the SHPO for review and comment. Rural Development will ensure that all comments received within thirty (30) days of report receipt are addressed in the final technical reports.

II.   TREATMENT

   A.   Rehabilitation of the Nelson County Courthouse
       1.   Rural Development will ensure that all work to the existing Courthouse conforms to The Secretary of the Interiorâs Standards for Rehabilitation (ãStandardsä).
       2.   The Applicant shall submit to Rural Development, the ACHP, SHPO and other consulting parties all construction and demolition plans, specifications, renderings, and other materials related to the Courthouse rehabilitation for review, and approval. The materials shall be submitted to Rural Development, ACHP, SHPO and other consulting parties at the schematic phase and at the 30%, 60%, and 90% design phases.
       3.   If Rural Development determines that feasibility or other constraints preclude the rehabilitation of the Courthouse from meeting the Standards, the Applicant's proposal will be considered an Adverse Effect and Rural Development will consult with the ACHP and SHPO and other interested parties per Stipulation VI (C).

   B.   Demolition of Buildings and Structures
       1.   Rural Development will evaluate the National Register eligibility per Stipulation I, of all buildings and structures proposed for demolition.
       2.   For those buildings and structures proposed for demolition identified as eligible for the National Register, the Applicant in consultation with Rural Development, ACHP, SHPO and other consulting parties shall make a good faith effort to redesign the proposal in order to avoid demolition of the historic property.
       3.   If redesign is not possible, the Applicant shall conduct a feasibility study to determine the possibility of relocating the historic property. The Applicant shall submit the feasibility study to Rural Development, ACHP, SHPO and other consulting parties for review and comment.
       4.   If relocating the historic property is determined to be impractical, the Applicant shall develop a marketing plan in consultation with Rural Development and SHPO to offer the historic property for sale to the general public for relocation. The marketing plan shall include at a minimum a method to advertise the historic property, criteria for considering offers, and a reasonable time period for marketing the properties.

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       5.   If Rural Development determines that relocation or demolition of a National Register-eligible property is the only feasible alternative, the Applicant's proposal will be considered an Adverse Effect and the Applicant shall complete the documentation required per Stipulation VI (A) and consult with Rural Development, ACHP, SHPO and other interested parties per Stipulation VII.

   C.   New Construction
       1.   Rural Development shall consult with the ACHP and SHPO, per Stipulation III regarding the potential impact of new construction on archaeological resources within the APE.
       2.   Rural Development will ensure that any new construction on the site of the Courthouse, including additions to the Courthouse itself, are compatible with the Courthouse and other nearby historic properties in scale, massing, materials, and design.
       3.   The Applicant shall submit to Rural Development, ACHP, SHPO and other consulting parties all construction and demolition plans, specifications, renderings, and other materials related to new construction on the site of the Courthouse, to include additions to the Courthouse itself, for review and approval. The materials shall be submitted to Rural Development, ACHP, SHPO and other consulting parties at the schematic phase and at the 30%, 60%, and 90% design phases.
       4.   If Rural Development determines that new construction on the site of the Courthouse cannot be compatible with the Courthouse and other nearby historic properties in scale, massing, materials, and design, the Applicant's proposal may be considered an Adverse Effect and Rural Development will consult with the ACHP, SHPO and other interested parties per Stipulation VI (C).

D.   Landscape Plan
       1.   Rural Development will consult with the ACHP, SHPO, and other consulting parties per Stipulation III, regarding the potential impact of landscaping activities on archaeological resources.
       2.   The Applicant shall submit to Rural Development, the ACHP, SHPO and other consulting parties a landscape plan for the Nelson County Courthouse site for review and approval. The landscape plan shall take into special consideration improvements that will highlight and interpret the Courthouse, other historic properties on site, and the courthouse square as a whole. The materials shall be submitted to Rural Development, ACHP, SHPO and other consulting parties at the schematic phase and at the 30%, 60%, and 90% design phases.

April 12, 2005

   E.   Other Treatments
       1.   For any treatment proposed by the Applicant not addressed in Stipulations II (A) through (D), Rural Development will consult with the ACHP, SHPO, and other consulting parties regarding the effect to historic properties.

III.   ARCHAEOLOGY

   A.   Any component of this undertaking involving ground-disturbing activities shall be submitted to Rural Development, ACHP, SHPO and other consulting parties for review and comment.

B.   Should Rural Development determine, in consultation with the Applicant ACHP, SHPO and other consulting parties that further archaeological identification is needed, Rural Development with support from the Applicant will prepare, in consultation with the consulting parties, and implement a program to identify and evaluate archeological resources.

C.   Should Rural Development, as a result of its survey efforts, determine that an archeological site eligible for listing in the National Register will be affected, a plan for its avoidance, protection, or recovery of data will be submitted to the ACHP, SHPO and other consulting parties, if any, for review and approval. Rural Development will consider all comments received in preparing the final treatment plan and will then implement said plan.

D.   All archaeological studies, resulting from this Programmatic Agreement including data recovery plan(s), shall be consistent with The Secretary of the Interiorâs Standards and Guidelines for Archeological Documentation (48 FR 44734-37), and the SHPOâs Survey Guidelines, and shall take into account the ACHPâs publications, Consulting About Archeology Under Section 106 (1990) and Recommended Approach for Consultation on Recovery of Significant Information from Archeological Sites (1999).

E.   Rural Development will submit two (2) draft copies of all technical reports of archaeological investigations to the ACHP, SHPO and other consulting parties for review and comment. Rural Development will ensure all comments received within thirty (30) days of report receipt are addressed in the final technical reports.

IV.   UNANTICIPATED DISCOVERIES

   A.   The Applicant shall ensure that all contractors involved in this proposal are aware of the following provisions concerning the treatment of unanticipated discoveries:

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       1.   In the event that a previously unidentified archaeological resource is discovered during ground disturbing activities, the Applicant shall immediately notify Rural Development and the SHPO. All construction work involving subsurface disturbance shall be halted in the area of the resource and in the surrounding area where further subsurface remains can reasonably be expected to occur. Rural Development and the SHPO, or an archeologist meeting the Secretary of Interior's Professional Qualifications Standards (48 FR 44738-9) (ãSecretaryâs Professional Standardsä), shall immediately inspect the work site and determine the area and the nature of the affected archaeological property. Construction work may then continue in the project area outside the site area. Within two (2) working days of the original notification of discovery, Rural Development in consultation with the SHPO will determine the National Register eligibility of the resource.
       2.   Eligible historic properties will be evaluated using the National Register criteria in accordance with 36 CFR Part 800.4(c). If Rural Development determines that the resource meets the National Register Criteria for Evaluation (36 CFR Part 60.6), Rural Development will ensure compliance with Section 800.13(b)(3) of the ACHPâs Regulations. The SHPO will provide comments on any treatment plan submitted within two (2) business days of receipt. If the SHPO fails to comment, Rural Development may assume concurrence and implement the plan. Work in the affected area shall not proceed until either the development and implementation of an appropriate treatment plan or the determination is made that the located resource is not eligible for inclusion on the National Register.

V.   HUMAN REMAINS

   A.   Human remains and associated funerary objects encountered during the course of actions taken as a result of this PA shall be treated in the manner consistent with the provisions of the Virginia Antiquities Act, Section 10.1-2305 of the Code of Virginia, and with the final regulations adopted by the Virginia Board of Historic Resources and published in the Virginia Register of July 15, 1991.

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B. In the event that the human remains encountered are likely to be of Native American origin, whether prehistoric or historic, Rural Development will immediately notify the VCI. The treatment of Native American human remains and associated funerary objects will be determined in consultation with the VCI. All reasonable efforts will be made to avoid disturbing Native American gravesites and associated artifacts. To the extent possible, Rural Development and the Applicant will ensure that the general public is excluded from viewing any Native American gravesites and associated artifacts. No photographs of any Native American gravesites and/or associated funerary objects will be released to the press or to the general public.

C.   The Applicant may obtain a permit from the SHPO for the removal of human remains in accordance with the regulations stated above. In reviewing a permit involving removal of Native American human remains, the SHPO will notify and consult with the VCI and as required by the regulations stated above.

VI.   RESOLUTION OF ADVERSE EFFECTS

   A.   If Rural Development determines that relocation or demolition of a National Register-eligible property is the only feasible alternative, the Applicant's proposal will be considered an Adverse Effect and the Applicant shall complete the following:
       1.   DHR Intensive Level Survey Form for each historic property.
       2.   Enter the Intensive Level Survey Form into the Data Sharing System (DSS).
       3.   Floor plan for each historic property.
       4.   3ä X 5ä black and white archival photographs of the exterior elevations and significant interior architectural features.
       5.   Site plan for each historic property.

B.   Rural Development will consult with the Applicant, ACHP, SHPO and other consulting parties about the feasibility and desirability of salvaging significant architectural elements prior to demolition. The Applicant shall not begin demolition activities until the consulting parties have approved, in writing, the documentation package for the historic properties.

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C.   In the event that rehabilitation, new construction, or any other portion of the Applicant's proposal is determined by Rural Development in consultation with the ACHP, SHPO and other consulting parties to have an adverse effect on historic properties, Rural Development will consult with the consulting parties to develop and implement a plan to avoid, minimize or mitigate the adverse effect. Any plan to resolve adverse effects will make information on the finding available to the public and provide the public an opportunity to express their views on resolving adverse effects of the undertaking pursuant to Stipulation VII.

VII.   PUBLIC PARTICIPATION AND CONSULTATION

   A.   Rural Development, in consultation with the Applicant and SHPO, will identify individuals, groups or organizations with a demonstrated interest in the undertaking and request their involvement as consulting parties pursuant to 36 CFR Part 800.2(d).

B.   Rural Development will ensure that the public is afforded a meaningful opportunity to comment regarding the activities carried our under this PA. To facilitate public involvement, Rural Development, in consultation with the Applicant, ACHP and the SHPO will develop a plan that addresses public participation. The plan will include, at a minimum, the following:
       1.   Series of public meetings intended to introduce the scope of the proposed undertaking and issues associated with historic properties, request information related to the identification of historic properties, present the effect determination of Rural Development, and solicit ideas for project alternatives that will avoid or minimize adverse effects (if any).
       2.   Method for the public to make written comments to Rural Development.
       3.   Location for public access of the project information materials such as at the county library or the County offices.

C.   Rural Development and the Applicant will consider the views of the public in its planning and design processes.

D.   Rural Development, ACHP, SHPO, and the Applicant will ensure that any comments they receive from the public regarding this undertaking are copied to all parties of this PA.

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VIII.   PROFESSIONAL QUALIFICATIONS

A.   All archeological work carried out pursuant to this PA shall be conducted by or under the direct supervision of an individual or individuals who meet, at a minimum, the qualifications for archaeology set forth in the Secretaryâs Professional Standards.

B.   All evaluations of buildings or structures shall be carried out by or under the supervision of an individual or individuals who meet, at a minimum, the qualifications for architectural history set forth in the Secretaryâs Professional Standards while all design work on historic buildings and structures will be carried out by or under the supervision of an individual or individuals meeting the qualifications for historic architecture set forth in the Secretaryâs Professional Standards.

C.   All work concerning historic landscapes shall be carried out by or under the supervision of a qualified landscape historian, landscape architect, or other pertinent landscape expert, and in accordance with the applicable guidelines set forth in National Register Bulletin 30 (Guidelines for Evaluating and Documenting Rural Historic Landscapes) and The Secretary of the Interiorâs Standards for the Treatment of Historic Properties with Guidelines for the Treatment of Cultural Landscapes (National Park Service 1996).

IX.   ADMINISTRATIVE COORDINATION

   A.   The consulting parties agree to review documentation submitted pursuant to this PA within thirty (30) days after confirmed receipt. If no response is received within thirty (30) days, Rural Development may assume concurrence with its findings. All time designations are in calendar days.

   B.   The ACHP and the SHPO may monitor any activity carried out pursuant to this PA. Rural Development will cooperate with the ACHP and the SHPO should they request to monitor or to review project files.

   C.   Upon signature of this PA by all required parties, Rural Development will provide individual copies to all parties.

X.   DURATION

   A.   This PA will remain in full force and effect for 5 years after the date of the last signature. At any time in the sixth-month period prior to such date, any signatory to this agreement may request that the Rural Development consider an extension or modification of this PA. No extension or modification will be effective unless all parties to the PA have agreed with it in writing.
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XI.   DISPUTE RESOLUTION

   A.   Should any party to this PA object, in writing within thirty (30) days to Rural Development regarding any actions pursuant to this PA, Rural Development will consult with the objecting party to resolve the objection. If Rural Development determines that the objection cannot be resolved, Rural Development will forward all documentation relevant to the objection to the ACHP, including Rural Developmentâs proposed response to the objection. Within thirty (30) days after receipt of all pertinent documentation, the ACHP will either:
   1.   Provide Rural Development with recommendations pursuant to 36 CFR Part 800.2(b)(2), which Rural Development will take into account in reaching a final decision regarding the dispute; or,
       2.   Notify Rural Development that it will comment pursuant to 36 CFR Part 800.7(c), and proceed to comment. Any Council comment provided in response to such a request will be taken into account by Rural Development in accordance with 36 CFR Part 800.7(c)(4) and Section 110(l) of the NHPA.

   B.   Any recommendation or comment provided by the Council will be understood to pertain only to the subject of the dispute; the responsibility of Rural Development, the ACHP, and SHPO to carry out other actions pursuant to this PA that are not the subject of the dispute will remain unchanged.

   C.   If at any time during the implementation of the measures stipulated in this PA, an objection should be raised by an interested member of the public or a consulting party, Rural Development will notify the parties to this PA and take it into account and consult with the objecting party, other interested parties, and any signatories, as necessary, to resolve the objection.

XII.   AMENDMENT, NON-COMPLIANCE, AND TERMINATION

   A.   Any party to this PA may request that it be amended, whereupon the parties will consult in accordance with 36 CFR Part 800.13 to consider such an amendment.

   B.   If any signatory to this PA determines that the PA cannot be fulfilled, or that an amendment to the terms of this PA must be made, the signatories will consult to seek amendment to this PA. The process of amending this PA will be the same as that exercised in creating the original PA.

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   C.   Rural Development, the ACHP or the SHPO may terminate this PA by providing 30 days written notice to the other parties, provided that the parties will consult during this period to seek amendments or other actions that would prevent termination. Termination of this PA will require compliance with 36 CFR Part 800. Termination will include the submission of any outstanding documentation on any work done up to and including the date of termination.

   D.   Should such consultation fail and the PA be terminated, Rural Development will comply with 36 CFR Parts 800.3 through 800.6 with regard to individual Undertakings covered by this PA.

   E.   This PA does not cover any Section 106 responsibilities that federal agencies other than Rural Development may have with regard to financial assistance unless so amended.

XIII.   ANTICIPATORY ACTIONS

   A.   Except as noted below, Rural Development will not grant assistance to an Applicant who, with the intent to avoid the requirements of the PA or Section 106, has intentionally, significantly, and adversely affected a historic property to which the assistance would relate, or having legal power to prevent it, allowed such significant adverse effect to occur. (Exception: If after consulting with the ACHP and the SHPO, Rural Development determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the Applicant, Rural Development will continue consultation for the proposal pursuant to 36 CFR Part 800.9(c)(3)).

Execution of this PA by all signatory parties and implementation of the provisions herein by Rural Development evidences that Rural Development has taken into account the effects of the Applicant's proposal on historic properties subject to this PA and afforded the ACHP a reasonable opportunity to participate in accordance with Section 106 of the National Historic Preservation Act and its implementing regulations, 36 CFR Part 800.

B.   Proposed Ordinance: Appointments for Boards and Commissions

Mr. Carter presented the proposed Ordinance for Appointments for Boards and Commissions.

The Board discussed the proposed Ordinance and ultimately agreed to approve the compensation for Board Members by Resolution. The Board also agreed to reduce the compensation for the Welfare Board Members from $75 per meeting to $50 per meeting.

April 12, 2005

Concluding discussion, 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 Ordinance was adopted:

Re: Adoption of Ordinance: Chapter 2, Administration, Article V, Appointments for Boards and Commissions
BE IT ORDAINED, That the Nelson County Board of Supervisors does hereby approve an amendment to the Code of Nelson County, effective immediately, as follows:
CHAPTER 2
ADMINISTRATION
ARTICLE V. APPOINTMENTS FOR BOARDS AND COMMISSIONS

Section 2-150. Citizens Resource Bank.
All citizen applications for appointment to a board or commission shall be filed in the County Administratorâs Office and maintained by the Deputy Clerk for the Board in a Citizensâ Resource Bank. The Board of Supervisors may consider for appointment applicants in the Citizensâ Resource Bank as well as nominations by members of the Board.
Section 2-151. Procedures.
(a)   In connection with appointments to boards and commissions, and prior to consideration thereof by the Board of Supervisors, the Deputy Clerk will cause to be published in a newspaper with general circulation in the County a notice of open seats and seats for which terms are expiring. All applications must be received in the County Administratorâs Office on or before the date and time provided in such published notice.
(b)   The Board of Supervisors shall establish its procedure for considering applicants and nominations, which may include interviews of the prospective candidates.
Section 2-152. Appointment.
Appointment shall be by resolution of the Board of Supervisors. Appointment for an unexpired term shall be effective on the date of the adoption of such resolution.   Appointments for seats not yet open by virtue of the expiration of its term shall be effective upon the expiration of such term.
Section 2-153. Absences.
An appointee of the Board of Supervisors who either (a) fails, during a calendar year, to attend seventy-five percent of the regular meetings of the board or commission of which he/she is a member, or (b) is absent for three consecutive regular meetings, shall be deemed to have tendered his/her resignation from such position. The Board of Supervisors may accept such resignation by appointing another person to fill the position.
April 12, 2005
Re: Compensation and Reimbursement for Boards, Commissions, etc., Appointed by the Board of Supervisors
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 the Nelson County Board of Supervisors does hereby approve Compensation and Reimbursement for Boards, Commissions, etc., appointed by the Board of Supervisors as follows:
ð   Nelson County Planning Commission: $75 per meeting;
ð   Nelson County Welfare Board: $50 per meeting;
ð   Nelson County Service Authority: $75 per meeting;
ð   Nelson County Economic Development Authority: $75 per meeting;
ð   James River Alcohol Safety Action Program Policy Board: $50 per meeting;
ð   Nelson County Community Policy & Management Team: Board of Supervisorsâ Appointees, $50 per meeting;
ð   Nelson County Board of Zoning Appeals: $75 per meeting.
ð   Nelson County Building Board of Appeals: $50 per meeting.
BE IT FURTHER RESOLVED, That appointees shall be reimbursed for travel expenses in accordance with the County travel policy.-
C.   Proposed Meeting: 310 Ltd., Economic Development Study
Mr. Carter presented a proposed schedule of dates Consultant Debbie Kurtz of 310 Ltd can meet with the Board for an update on the Economic Development Study delivered November 2004 and presented to the Economic Development Authority in February 2005.
The Board, by consensus, agreed to meet with the Economic Development Authority for an overview of the results of the Study.
Agenda Item Number V. New Business
A.   Nelson County Rescue Squad: Inspection Fee Reimbursement Request
Mr. Carter presented a request from the Nelson County Rescue Squad requesting reimbursement of Building Inspection Fees in the amount of $1,264.76; $4,000.00 for the connection fee; and $5,982.81for installation fees for the new Rescue Squad Building on Route 29.
Concluding discussion, 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:
April 12, 2005
Re: Approval of a Donation to the Nelson County Rescue Squad
BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve a donation to the Nelson County Rescue Squad for Building Inspection Fees in the amount of $1,264.76 and $4,000.00 for the Connection Fee for the new Rescue Squad Building on Route 29; and
BE IT FURTHER RESOLVED, That the Board of Supervisors does hereby recommend the Rescue Squad contact the Service Authority for reimbursement for the installation fees.
B.   Wintergreen Valley Utility Service Area
Mr. Carter provided a letter from Attorney Stuart Sadler requesting the Board of Supervisors to consider adoption of a Resolution to the State Corporation Commission relating to Wintergreen Valley Utility Service Area. The proposed Resolution requests the State Corporation Commission to expand the service area of the Utility Company to include the parcel of land containing 29.188 acres identified as Tax Parcels 22-A-A and 22-A-46.
Mr. Carter also stated that he has submitted letters to the Department of Environmental Quality, the Health Department, the State Corporation Commission, the Service Authority, Planning and Zoning, and the County Attorney for comments, etc. DEQ is the only Department that has responded and no negative comments were noted.
The Board of Supervisors, by consensus, deferred the request pending a response from the other agencies.
Agenda Item Number VI. Reports, Appointments, Directives, and Correspondences
        A. Board of Supervisors Committee Reports
              1. Thomas Jefferson Planning District Commission
Ms. Brennan stated she did not attend the last Commission Meeting and noted that Mr. Boger will report on the Meeting.
Mr. Boger reported that discussion at the Commission Meeting included the HOME Project; a request to designate the Batesville Road as a Scenic By-Way; the Homeless Program; the purchase of a new vehicle for the Planning District Commission; the parking garage on East Market Street; scheduling a Retreat for the Commission; and the Town of Scottsville has requested to be a member of the Planning District Commission.
B. Appointments
Ms. Carter provided a list of vacancies on Boards, Commissions, etc., and noted that Gary Sherwood has resigned his position on the Nelson County Service Authority, effective April 1, 2005. The vacancy will be advertised.

April 12, 2005

C.   Board Directives
Supervisor Brennan discussed the proposed business at the Lovingston Manufacturing Company and it was noted that VDOT is not requiring a deceleration lane to the entrance of the Manufacturing Company (it was also noted that the proposed company may not be locating on the site); discussed revisiting the proposed Resolution to Reimburse the County for the Courthouse Project; requested an update regarding the proposed creation of the Community Development Authority (Mr. Carter stated he will send an update to the Board); and discussed Nelson County adopting a Noise Control Ordinance (Mr. Carter noted that County Attorney Payne is reviewing the issue).
Supervisor Harris questioned what can be done to speed up the process in locating a site for the second consolidated convenience center (Messrs. Harris, Harvey, and Carter will serve on a committee to find a site); discussed Hunt Clubs being required to obtain a permit each time an event is being held as opposed to obtaining an annual permit as in the past (Staff was directed to look into the matter); and questioned if types of vicious dogs are listed in the Animal Control Ordinance (Mr. Carter stated he will review the County Code and report back to Mr. Harris).
   D. Correspondences
1.   Letter from The Nelson Center (Rent Rebate Check)
Mr. Carter presented a letter from The Nelson Center regarding a rent rebate check in the amount of $7,370.00.
Agenda Item Number VII. Closed Meeting
A Closed Meeting was not needed.
Agenda Item Number VIII. Recess and Reconvene for Evening Session
The Board of Supervisors recessed the Meeting at 5:25 p.m. and reconvened the Evening Session at 7:30 p.m.
Agenda Item Number IX. Public Hearings:
A.   Final Subdivision Plat: Glenn L. & Charles E. Simpson Property
Fred Boger, Planning Director, provided an overview of the Final Subdivision Review for the Glenn L. Simpson & Charles E. Simpson Property located East of the intersection of Laurel Road (Route 639) and Brownings Cove (Route 719), identified as Tax Map Number 69-A, Parcel 17E.
The Planning Commission voted to recommend approval of the Final Subdivision Plat.
Concluding comments from Mr. Boger, Mr. Wood opened the Public Hearing.
Steve Eubanks, Attorney for the Simpsons, stated that all requirements have been met. Glen and Charles Simpson were present.

April 12, 2005

Following comments from Mr. Eubanks, Mr. Wood closed the Public Hearing.
On a motion by Mr. Bruguiere, seconded by Mr. Harris, with Mr. Bruguiere voting yes, Mr. Harris voting yes, Mr. Harvey voting yes, Ms. Brennan voting yes, and Mr. Wood voting yes, the following Resolution was adopted:
Re: Approval of Final Subdivision Plat for the Glenn L. & Charles E. Simpson Property
BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve the Final Subdivision Plat for the Glenn L. Simpson and Charles E. Simpson Property to divide 140.884 acres into three lots, located East of the intersection of Laurel Road (Route 639) and Brownings Cove (Route 719), identified as Tax Map Number 69-A, Parcel 17E.
B.   Jockeyâs Ridge Subdivision: Request for Exception, Dry Fire Hydrant Requirement
Fred Boger, Planning Director, stated that Heather Goodwin, Agent for John C. Holland, Jr., Oak Ridge Estate, is requesting an exception to Section 4-5, Fire Protection, (B), Dry Hydrants of the Countyâs Subdivision Ordinance.
The Planning Commission approved the Preliminary Subdivision Plat for Jockeyâs Ridge Subdivision with the understanding that dry fire hydrants will be provided unless this requirement is waived by the Board of Supervisors.
Daniel Johnson of the Lovingston Volunteer Fire Department has indicated that they would use the County fire hydrant located 2,810 feet West of the site on Thomas Nelson Highway instead of a dry hydrant for the site.
Heather Goodwin was present.
Supervisor Wood opened the Public Hearing. There being no comments from the public, Mr. Wood closed the Public Hearing.
On a motion by Mr. Harris, seconded by Ms. Brennan, with Mr. Harris voting yes, Ms. Brennan voting yes, Mr. Harvey voting yes, Mr. Bruguiere voting yes, and Mr. Wood voting yes, the following Resolution was approved.
Re: Approval of a Request from Oak Ridge Estate for an Exception to Section 4-5, Fire Protection, (B), Dry Hydrants of the Countyâs Subdivision Ordinance
BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve a request from Oak Ridge Estate for an exception to Section 4-5, Fire Protection, (B), Dry Hydrants of the Countyâs Subdivision Ordinance.
C.   Community Center Definition
Fred Boger, Planning Director, stated that a Public Hearing has been scheduled on a proposed Amendment to Article 2, Definitions, to include the definition for a community center.

April 12, 2005

On March 25, 2005, the Planning Commission voted to recommend approval to amend the Zoning Ordinance to include the Definition for a Community Center.
Supervisor Wood opened the Public Hearing. There being no comments from the public, the Public Hearing was closed.
On a motion by Mr. Harvey, seconded by Mr. Bruguiere, with Mr. Harvey voting yes, Mr. Bruguiere voting yes, Ms. Brennan voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

Re: Adoption of Amendment to Article 2, Definitions, to Include the Definition for a Community Center
BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby adopt an Amendment to Article 2, Definitions, to include the Definition for a Community Center as follows:
Community Center: A building and grounds used for recreational, social, educational, health, and cultural activities open to the public or a portion of the public, owned and operated by a public or private non-profit group or agency. The activities may involve leasing of space within the building for the sale of goods and services, offices subject to site plan approval, and any additional conditions that may be imposed to such sales of goods and services by the Planning Commission. The sale of goods and services may be carried out on a profit basis or for charitable non-profit purposes by the owner or the ownerâs approved lessee or licensee. There can be no exterior indication of commercial activities at the center such as outside storage, sales area and signage, except for a principal sign identifying the center with a listing of its tenants.
Agenda Item Number X. Public Comments
There were no public comments offered.
Agenda Item Number XI. Other Business
The Board scheduled a Zoning Ordinance Work Session for Tuesday, April 19, 2005, 6:00 p.m., for a Zoning Work Session for Thursday, April 21, 2005, 7:00 p.m.
Agenda Item Number XII. Adjournment
Re: Continuance of the April 12, 2005 Meeting to April 19, 2005
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:

April 12, 2005
BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby continue the April 12, 2005 Meeting to April 19, 2005, 6:00 p.m.