Board of Supervisors: March 14, 2006

March 14, 2006

March 14, 2006

Virginia:

AT A REGULAR MEETING of the Nelson County Board of Supervisors at 2:00 P. M. in the Board of Supervisors Meeting Room located in the Nelson County Courthouse.

Present:     Harry S. Harris, Chair
       Thomas H. Bruguiere, Jr., Vice Chair
       Constance Brennan, Central District Supervisor
       Thomas D. Harvey, North District Supervisor
       Allen M. Hale, East District Supervisor
       Stephen A. Carter, County Administrator
       Fred M. Boger, Planning Director
       Betty M. Fortune, Planning Secretary

Absent:     Virgie A. Carter, Deputy Clerk

I.   Call to Order

Mr. Harris, Chair, called the meeting to order at 2:10 P. M. with five members present to establish a quorum.
A.   Moment of Silence
B.   Pledge of Allegiance to the United States Flag

II.   Consent Agenda
   A. Minutes
   B. Refunds
   C. Budget Amendment
   D. Jackets: Boys [and Girls] Indoor Track Team

A.   Minutes
Ms. Brennan asked that minutes from meetings on January 10, 19, 26, and Feb. 3, 10, 14, 27, 2006 be approved in April to allow Supervisors time to review them thoroughly.

On a motion by Ms. Brennan, seconded by Mr. Bruguiere, the Supervisors voted unanimously by roll call (5-0, to adopt the following Resolution, omitting review of meeting minutes:

   BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby    approve the Consent Agenda as follows:

B.   Refunds
   BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby    approve a personal property tax refund to Debra C. Brooks in the amount of    $14.30.

C.   Budget Amendment

   BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby adopt the following Resolution:

RESOLUTION
AMENDMENT OF FISCAL YEAR 2005-2006 BUDGET
NELSON COUNTY, VA
March 14, 2006

BE IT RESOLVED by the Board of Supervisors of Nelson County that the Fiscal Year 2005-2006 Budget be hereby amended as follows:

I.   Appropriation of Funds (General Fund)
   Amount   Revenue Account       Expenditure Account
   $ 5,000.00   3-100-009999-0001       4-100-092010-9201
        1,441.00   3-100-001901-0010       4-100-032010-8203
        3,000.00   3-100-002404-0015       4-100-032010-8203
        2,500.00   3-100-001803-0001       4-100-035010-5407
   $11,941.00

       Adopted: March 14, 2006

       Attest: _________________________________
           Clerk, Nelson County Board of Supervisors

EXPLANATION OF BUDGET AMENDMENT

I.   The General Fund Appropriation includes a request of $5,000 for tax refunds. Refunds will exceed the current amount budgeted. Also requested is $3,000 for a Fire Fund grant to provide computers for local fire departments. The local match requested is $1,441. The local match amount will be reimbursed by the fire departments receiving computers. This year the Montebello, Gladstone, and Wintergreen Fire Departments will receive computers. The final request is for $2,500 from an ASPCA National Shelter Outreach grant. These refunds have been awarded through the small shelter grant program for cat and dog kennels.

D.   Jackets: Boys [and Girls] Indoor Track Team

   BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby    approve the purchase of jackets in the amount of $1,890.00 for the Boys and Girls    Indoor Track Team winning the Dogwood District Championships.

III.   Public Comments and Presentations:
A.   Public Comments

Mary Gorka expressed the hope that County citizens can work together to manage a peaceful solution to recent difficulties in the Nellysford area. Mr. Harris responded that the Board is continuing to work on a vision for the County through the Comprehensive Plan and the zoning ordinance and appreciates efforts of citizens.

B.   VDOT Report
   1. Secondary System Six Year Plan

Mr. Kevin Wright of VDOT reviewed with the Board the Secondary System Construction Program Estimated Allocations, as follows:
2007   $1,259,327
2008   $1,241,456
2009   $1,256,755
2010   $1,154,115
2011   $1,184,488
2012   $1,184,488
Totals       $7,280,629

Current projects include: Rural Rustic work continues on Route 647/722, work continues on the Route 151 Bridge with traffic being able to use the new bridge in April. Work has begun on Route 613 bridge replacement. One Rural Rustic road has been completed (Route 626) and preliminary work has begun on four others. Rt. 722 (Keys Church Road) is the most typical example of a Rural Rustic road. Mr. Harris asked about the unpaved portion of Route 654 from Phoenix to Norwood. Mr. Wright said VDOT would move forward with a traffic count, and if applicable, it could be incorporated into the plan at a later date. The Route 655 bridge is on schedule for March, 2007

On a motion by Ms. Brennan, seconded by Mr. Bruguiere, the Supervisors voted unanimously by roll call (5-0) to adopt the following Resolution:

RESOLUTION

WHEREAS, The Virginia General Assembly has provided the opportunity for each county to work with the Virginia Department of Transportation in developing the Six-Year Road Plan; and

WHEREAS, This Board had previously agreed to assist in the preparation of the Six-Year Plan for Secondary Roads (FY 2006-07 through FY 2011-12) in accordance with the Virginia Department of Transportation policies and procedures and participated in a Public Hearing on the proposed plan as well as the Construction Budget Priority List (FY 2006-07) on September 27, 2005 after duly advertised so that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Six-Year Road Plan and Construction Budget Priority List; and

WHEREAS, Michael C. McCormack, Resident Engineer for the Virginia Department of Transportation, and Kevin B. Wright, Assistant Resident Engineer, appeared before this Board, and recommended approval of the Six-Year Plan for Secondary Roads (FY 2006-07 through FY 2011-12) and the Construction Budget Priority List (FY 2006-07) for Nelson County:

NOW THEREFORE, BE IT RESOLVED, That since said plans appear to be in the best interests of the Secondary Road System in Nelson County and of the citizens residing on the Secondary Road System in Nelson County, said Six-Year Plan for Secondary Roads (FY 2006-07 through FY 2011-12) and Construction Budget Priority List (FY 2006-07) are hereby approved as presented at the Public Hearing, as amended; and

BE IT FURTHER RESOLVED, That a certified copy of this Resolution be forwarded to Michael C. McCormack, Resident Engineer for the Virginia Department of Transportation.

ADOPTED: March 14, 2006           ATTEST: __________________________,
Clerk
Nelson County Board of Supervisors

2.   Route 655 (Proposed Abandonment)

On a motion by Mr. Hale, seconded by Ms. Brennan, the Supervisors voted unanimously by roll call (5-0) to adopt the following Resolution:

RESOLUTION
ABANDONMENT OF A SECTION OF ROUTE 655

WHEREAS, Landowners Thomas Massie (Parcel 57) and Scott Heath (Parcel 58) have requested the abandonment of a section of old Route 655 from the Intersection of Route 626 to the East Intersection of Route 825; and

WHEREAS, Pursuant to Section 33.1-155 of the Code of Virginia, when any road in the secondary system or any road in the secondary system containing a railway-highway grade crossing has been or is altered and a new road which serves the same citizens as the old road is constructed in lieu thereof and approved by the Commonwealth Transportation Commissioner, the old road and/or the public crossing may be abandoned to the extent of such alteration, but no further, by a Resolution of the Board of Supervisors or other governing body of the county, declaring the old road and/or public crossing abandoned; and

WHEREAS, After considering all evidence available, the Nelson County Board of Supervisors is satisfied that no public necessity exists for the continuance of a portion of old Route 655 from the Intersection of Route 626 to the East Intersection of Route 825, and hereby deems that section of the road is no longer necessary as a part of the Secondary System of State Highways:
March 14, 2006

NOW THEREFORE, BE IT RESOLVED, That this Board abandons the above section of road Pursuant to Section 33.1-155 of the Code of Virginia; and

BE IT FURTHER RESOLVED, That a certified copy of this Resolution be forwarded to the Resident Engineer of the Department of Transportation.

Adopted: March 14, 2006
Attest: ___________________________, Clerk
Nelson County Board of Supervisors

C.   Thomas Jefferson Soil and Water Conservation District

Ms. Garnett Mellen, Marketing Director for the Thomas Jefferson Soil and Water Conservation District introduced David Collins and Andrew Gantt as Nelson County�s representatives to the District and also introduced Alyson Sappington. The TJS&WCD covers Nelson, Albemarle, Fluvanna, and Louisa Counties, and the City of Charlottesville will be added to the district this year. Ms. Mellon discussed the Ag (Agricultural), Urban, Easement, Stormwater Management, and Rainwater Harvesting programs, and stated that all of these programs are designed to promote protection of natural resources. Ms. Mellen also introduced Easement Program representatives Susan McSwain and Chip Morgan.

Andrew Gantt spoke concerning the Rainwater Harvesting Program and the benefit of using roof water collection. Food Lion grocery store in Lovingston, for example, could supply 1.5 million gallons of water per month if collection processes were in place and suggested that new subdivisions require 10% of houses constructed to use roof water collection.

IV.   Unfinished Business:

A.   Economic Stimulus Grant Agreement (With WPI)

Mr. Payne, County Attorney, reviewed with the Board the March 10, 2006 draft of the agreement and reported that a revised agreement was sent to WPI.   At this time no response has been received. One item that needs to be revised is 2.(b)(i) on page 3 which currently states: From the first to occur of the Opening or the Land Transfer through 18th month after the Opening, inclusive: %100.

B.   Zoning Ordinance (Amendments)

Mr. Carter advised the Board that the ordinance requires that the zoning ordinance be amended to add �Uses Not Provided For� that have been approved by the Board. The two to be added at this time are: Vegetative Rubbish Recycling Facility and Dwellings (residential dwellings in the B-1 zoning district). The Board must adopt resolutions for these items and pass them to the Planning Commission for public hearing and approval. The language will then be added to the zoning ordinance.

The original language of item 2 (entire resolution follows), as drafted by Mr. Payne read: Vegetative Rubbish Recycling Facility: a facility in which vegetative rubbish, as defined in Section 10.1.T of the Solid Waste Ordinance, is received from off-site properties and temporarily stored until converted into firewood, and into mulch and compost by the use of a stump tub-grinder, and where the resultant firewood, mulch, compost, soil, and rocks are temporarily stored prior to their removal. It was agreed by consensus of the Board that the words �by use of stump tub-grinder� be deleted since other types of equipment may also be used to recycle vegetative rubbish. Mr. Payne agreed to this change and marked the draft accordingly for inclusion in the Clerk�s records.

On a motion by Mr. Bruguiere, seconded by Mr. Hale, the Supervisors voted unanimously by roll call (5-0) to adopt the following Resolution:

RESOLUTION

WHEREAS, pursuant to Section 12-5 of the Zoning Ordinance, applications for a vegetative rubbish recycling facility, a use not provided for, have been considered and approved by the Board;

WHEREAS, Section 12-5 requires that, after the application�s approval, the Zoning Ordinance shall be amended to list the use as a permitted use in the appropriate district;

WHEREAS, the current Zoning Ordinance contains no provision for off-site vegetative rubbish recycling, a use made necessary by the extensive construction occurring in the County; and

WHEREAS, the public necessity, convenience, general welfare and good zoning practice require such action.

NOW, THEREFORE, BE IT RESOLVED

1.   That Article 4 of the Zoning Ordinance entitled Agricultural District A-1, under Uses-Permitted by Conditional Use Permit Only, should be amended by the addition of the following subsection:

       Vegetative Rubbish Recycling Facility

2.   That Article 2 of the Zoning Ordinance entitled Definitions should be amended by the addition of the following subsection:

   Vegetative Rubbish Recycling Facility: a facility in which vegetative rubbish, as defined in Section 10-1.T. of the Solid Waste Ordinance, is received from off-site properties and temporarily stored until converted into firewood, and    into mulch and compost, and where the resultant firewood, mulch, compost, soil, and rocks are temporarily stored prior to their removal.

3.   That the proposed amendments are hereby referred to the Planning Commission for its recommendation following notice and public hearing. Failure of the Planning Commission to report to this Board 100 days after the first meeting of the Commission following this referral shall be deemed approval.

ATTEST: ___________________________
DATE: _______________________

The resolution adding �Dwellings� to the B-1 zoning district by way of a Conditional Use Permit was reviewed. On a motion by Mr. Hale, seconded by Ms. Brennan, the Supervisors voted unanimously by roll call (5-0) to adopt the following Resolution:

RESOLUTION

WHEREAS, the current Zoning Ordinance excludes dwellings from a Business District B-1;

WHEREAS, such an exclusion does not adequately reflect the historical use and current needs of B-1 districts within the County; and

WHEREAS, the public necessity, convenience, general welfare and good zoning practice require corrective action.

NOW, THEREFORE, BE IT RESOLVED

1.   That Article 8 of the Nelson County Zoning Ordinance entitled Business District B-1, under Uses � Permitted by Conditional Use Permit Only, should be amended by the addition of the following subsection:

   Dwellings

2.   That the proposed amendment is hereby referred to the Planning Commission for its recommendation following notice and public hearing. Failure of the Planning Commission to report to this Board 100 days after the first meeting of the Commission following this referral shall be deemed approval.

ATTEST: __________________________
DATE: _______________________

C.   Discussion of Disposal of Debris

Mr. Harris stated that he has had many calls concerning debris disposal by means other than stump grinders. A procedure needs to be established for the handling of zoning violations which may potentially violate state and federal law. Mr. Carter said he would research the Code of Virginia to see if there can be monitoring of disposal of construction site debris. The building code does not currently require certification of appropriate disposal of this type of debris. Mr. Harris requested that Mr. Payne, Mr. Carter and Mr. Boger research ways to monitor this disposal and bring the results to the April meeting.

D.   Discussion of Junk Vehicles

Mr. Harvey presented suggestions for getting rid of the County�s numerous junk vehicles including establishing sites in the County for recycling and a method of identifying properties and owners with junk cars. Mr. Boger said he knows of someone who is willing to do this, but a site is needed. A committee consisting of Mr. Harvey and Mr. Harris will identify possible sites for a storage yard for vehicles to be crushed, identify locations in the County where there are the most violations, and present results at the next meeting. Mr. Payne said that currently the County pays court costs when citizens are taken to court because of violations. Mr. Hale reported that one site in violation on Rockfish River Road has been cleaned up.

V.   New Business:

A.   Rockfish Valley Foundation � Request for Grant Endorsement

Mr. Carter presented for adoption a resolution stating support for the Rockfish Valley Foundation application for funding to Virginia DCR, Virginia Recreational Trail Fund Grant for property owned by Peter A. Agelasto, III. Mr. Harvey expressed concern that $100,000 would be spent on private property without assurance that the project wouldn�t be turned over to the County if it is unsuccessful. Mr. Carter explained that the County is asked to endorse this project without being a partner to the owner/developer.

Mr. Chris Gensic is working with Mr. Agelasto on the project. He showed a map of the Rockfish Valley Trail plan and explained that this is a 10-year project and that the owner can abandon the project after that time if it becomes unmanageable.

Mr. Carter clarified that the resolution is a letter of support only. Other supporters are the Thomas Jefferson Planning District, Rural Nelson, Friends of Rockfish Watershed, etc. Ms. Emily Harper of the Recreation Department spoke in support of the project.

On a motion by Ms. Brennan, seconded by Mr. Hale, the Supervisors voted unanimously by roll call (5-0) to adopt the following Resolution:

RESOLUTION
NELSON COUNTY BOARD OF SUPERVISORS
IN SUPPORT OF ROCKFISH VALLEY FOUNDATION
APPLICATION FOR FUNDING TO
VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION
(VIRGINIA RECREATION TRAILS FUND PROGRAM)

WHEREAS, the Nelson County Board of Supervisors supports efforts to provide its citizens and the general public opportunities for public outdoor recreation; and,

WHEREAS, the 2002 Nelson County Comprehensive Plan (Chapter 6 � Greenway Plan) calls for trails along the Rockfish River and in the Nellysford area; and,

WHEREAS, the Rockfish Valley Foundation is working to create and manage a trail system for public use in Nelson County; and,

WHEREAS, the improvements proposed by the Rockfish Valley Foundation will enhance the ability for citizens and tourists to access the natural and historic scenery of the Rockfish Valley; and,

WHEREAS, the Rockfish Valley Foundation has requested the support of the local government of Nelson County for an application for funding by the Foundation to the Virginia Department of Conservation and Recreation�s Virginia Recreation Trails Fund Program.

NOW, THEREFORE, BE IT RESOLVED by the Nelson County Board of Supervisors that said Board supports the application of the Rockfish Valley Foundation to the Virginia Department of Conservation and Recreation for funding through the Department�s Virginia Recreation Trails Fund Program and, further, requests that the Department give favorable consideration to the Foundation�s grant request.

Approved: March 14, 2006
Attest: ______________________, Clerk
Nelson County Board of Supervisors

After a 10 minute break, the meeting was called back to order at 4:35 by Chair Harris.

B.   FY 06-07 Budget

Mrs. Debbie McCann gave a presentation on the FY07 Proposed General Fund Budget Overview. Mr. Carter expressed thanks to Mrs. McCann and Mrs. Candy McGarry for their diligence in preparing this budget. Highlights of the presentation are as follows:
�   Overall Budget Change � Increase of $2,487,617 (10.19%) over FY 05-06.
�   Real Estate Growth � FY07 Increase $840,138 (7%).
�   Obligation to School Debt - $1,084,197 (9.4% of total collections).
�   Personal Property Growth � 4.2% increase FY06 to FY07.
March 14, 2006

�   Landfill Tipping Fees - $65,250 revenue generated from rate change.
�   Lodging Tax - $70,000 projected increase in revenue.
�   Recordation Taxes - $181,918 increase in revenue over amount budgeted.
�   Building Permits - $23,704 increase in revenue over amount budgeted (11.2%).
�   Expenditures � Continued use of set-aside funding for Courthouse project ($700,000), renovation of Front St. property for Tourism ($336,638), completion of GIS implementation ($28,750), and reserve for Piney River 3 project ($197,414), as well as expenditures for Solid Waste purchase of land and equipment, Paid EMS, and general fund operations.

Mrs. McCann said that over $1 million has been set aside for the Courthouse project. There is a separate fund for paid EMS, and some FY06 funds will be available also. Mr. Carter said that the 4% increase for agencies is usually approved across the board, rather than a different percentage for each agency. Workshops will be held by the Board in the near future to review the budget in depth. Mr. Carter said that he feels good about the budget and that 5-year projections are also planned.

VI.   Reports, Appointments, Directives, and Correspondences:

Committee Reports:

Solid Waste: Mr. Hale reported that an offer has been made for purchase of property on Route 6 for a waste site and at this time there has been no response from the owner. Other sites are being investigated, including a site behind the State Shed (VDOT) which is County property.

Thomas Jefferson Planning District: Mrs. Brennan reported that two new members from Louisa County were added to the Thomas Jefferson Planning District during the March 2 meeting. Grants are being prepared for the Transportation Program. At the meeting, Mr. Scully reported on the homeless program in Charlottesville which showed fewer homeless children and veterans.

Mrs. Brennan will report on senior issues at the April meeting.

Mr. Bruguiere reported on a potential solid waste collection center at Massies Mill Elementary School. It is a good site which will take minimal cost to develop. The Solid Waste Committee, Susan McSwain, and Mr. Bruguiere will be meeting in the near future with the parties involved.

Mr. Bruguiere also reported that the Planning Commission called a special meeting on March 8 regarding the final subdivision approval for Crabapple Estates. The E & S plan had not been received by the TJS&WCD at the time of the February 22 meeting, and the easement for the sewer line had not been obtained. The E & S plan has now been received and is currently being reviewed by Alyson Sappington. The sewer easement has also been obtained.   At the March 8 meeting Mr. Bruguiere made a motion to amend the original resolution recommending approval and the motion failed; therefore, the original recommendation for approval will be sent to the Board. The applicant requested from the Board a postponement from March to April.

Mr. Hale reported that he met with Mrs. Lingo on March 3 and showed her a proposed sketch of the Courthouse project. Mrs. Lingo is opposed to having a parking lot within the view of her home which is located behind the Courthouse. Mrs. Lingo is willing to work with the County regarding the sale of approximately 2.4 acres of her property that is needed for the project. She has not decided the best place to locate the �office� which she owns that is located directly behind the Courthouse. Mr. Carter said that Mr. Vaughan of Wiley & Wilson has sketched out a 100� x 100� parcel on which to locate the �office.�

Appointments

Mr. John Reeves Holman submitted a letter of interest to serve on the Parks and Recreation Advisory Committee. On a motion by Ms. Brennan, seconded by Mr. Bruguiere, the Supervisors voted unanimously by roll call (5-0) to adopt the following Resolution:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby appoint John Reeves Holman to the Parks and Recreation Advisory    Committee, effective immediately.

The Agricultural and Forestal Districts Advisory Committee has submitted Bylaws for Board review. This will be placed on the agenda for April. This committee currently has two vacancies which will be advertised. There are also vacancies on the Jefferson Area United Transportation, Inc. committee and the Jefferson Area Board for Aging Council.

Mr. Carter has revised the �Appointments � Statement of Interest Form� and the Board agreed by consensus that the form would be used and also placed on the County website.

Directives
Mrs. Brennan asked about the Crawford�s Knob conservation easement. Mr. Carter said that Mr. Payne has asked if the Board would want him to give Mr. Troy an opinion on the Wintergreen Nature Foundation and the tax-free status of the 1500+ acres in the property.

Mr. Hale � The provision of a toll-free number into County offices is in progress.

Mr. Harris discussed the policy change Mr. Boger sent to various contractors, surveyors, and developers concerning the submission of documents prior to PC consideration. Mr. Harris questioned whether this should have been issued from the Board. Mr. Bruguiere explained that this was an administrative change which would insure that all supporting information was provided prior to consideration of subdivision plats by the PC and BOS.
Correspondence

Dr. McLeod of Thomas Jefferson Health District wrote regarding reestablishment of the dental program through RHOP. Mr. Carter stated that the 3rd quarter funds were used and that 60% of the 4th quarter funding has been provided.

VII.   Closed Meeting
On a motion by Mr. Hale, seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (5-0) to adopt the following Resolution:

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    purpose of consultation with legal council requiring provision of legal advice by such council.

Return from Closed Session:
On a motion by Mr. Hale, seconded by Ms. Brennan, Supervisors voted unanimously by roll call (5-0) to adopt the following resolution:
BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby    return to Regular Session.

Certification of Closed Meeting
On a motion by Mr. Hale, seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (5-0) to adopt the following resolution:
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 member�s 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.
No action was taken by the Board.

VIII.    Recess and Reconvene for Evening Session
The Board of Supervisors recessed the afternoon session at 5:45 p.m., and reconvened the evening session at 7:30 p.m.

IX.   Public Hearings:
A.   Lovingston Business District Revitalization Project
Mr. Carter reviewed the timeline for Virginia�s Department of Housing and Community Development (DHCD) planning grant programs as developed in January 2004.    The grant application and proposed resolution were reviewed. Mrs. Maureen Corum, Tourism, said that even with the ambitious timeline, all actions will be completed by March 22. VDOT is using some of the monies for gateway improvement. Mr. Bill Wanner of the Thomas Jefferson Planning District has been very instrumental in getting this grant application submitted and was available to answer questions from the Board. Mr. Carter said this is the second of two public hearings required to apply for $700,000 in grants and $291,000 to provide for the total estimated project cost. The public hearing was opened. There were no comments. The public hearing was closed. Mr. Harris asked if the grant money can be used for street work and restoration of the building to be used for Tourism. Mr. Wanner said he feels it can be. Mrs. Brennan asked if the County�s six �blighted� buildings had been identified and Mr. Wanner said they had been.
The master plan which includes the entire area will come before the Board. The boundaries of the district are from the end of Front Street down to the Chicken Coop restaurant. Sidewalks are proposed between the post office and the 29 exit. This is Phase 1. Federal enhancement funds have been requested also and the County should be notified of that in the near future.
On a motion by Mrs. Brennan, seconded by Mr. Hale, Supervisors voted unanimously by roll call (5-0) to adopt the following Resolution:

RESOLUTION
NELSON COUNTY BOARD OF SUPERVISORS
AUTHORIZATION TO SUBMIT APPLICATION
FOR VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
TO VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR LOVINGSTON BUSINESS DISTRICT REVITALIZATION PROJECT

WHEREAS, the local government of Nelson County, Virginia wishes to apply to the Virginia Department of Housing and Community Development for up to $700,000 in 2006 Virginia Community Development Block Grant funds for a Business District Revitalization project, (the) Lovingston Business District Revitalization Project, under the CDBG program�s Economic Development project type category; and,

WHEREAS, $291,000 in funding is available in addition to VCDBF funds to provide for the total estimated project cost; and,

WHEREAS, Nelson County has met citizen participation requirements by holding two public hearings, advertising both as appropriate with at least one other form of public notice.

NOW, THEREFORE, BE IF FURTHER RESOLVED by the Nelson County Board of Supervisors that the Nelson County Administrator (Stephen A. Carter) is hereby authorized to sign and submit all appropriate information necessary to apply for Virginia Community Development Block Grant funding for Nelson County�s Lovingston Business District Revitalization Project.

Adopted: March 14, 2006
Attest: _____________________, Clerk
Nelson County Board of Supervisors

X.   Joint Session with Nelson County Service Authority
Members of the Nelson County Service Authority and the Board of Supervisors introduced themselves. Mr. Edwin Gilliam, Chairman of Nelson County Service Authority, called the meeting to order. Mr. Tim Castillo, Executive Director, stated that he requested this joint meeting to discuss the issues addressed in his January 12, 2006 letter to Mr. Harris.

Operations Center/Courthouse Projects. The NCSA has been considering relocating their operation nearer to the impoundment property in Colleen. A two-acre site has been located in the business park on Cooperative Way in Colleen that would meet their need for convenience for customers and employees and be close to their main facility. The CVEC Board of Directors has approved the move to the park and the Memorandum of Understanding requires that the Board of Supervisors approve the sale of any lots within the park. On a motion by Mr. Bruguiere, seconded by Mr. Hale, Supervisors voted unanimously by roll call to endorse purchase of the property per the Memorandum of Understanding.

Middle School/Tye River Truck Stop Project. There are three contaminated wells in this area and DEQ is currently providing treatment to make the wells potable and is seeking a permanent solution to this problem. An existing water supply at the Heritage Center (formerly Nelson County Middle School) could be used as a short term water source. A $450,000 grant has been offered by DEQ to provide main infrastructure to these locations, as well as to others who may wish to be connected to the system (maximum capacity of 25 single-family homes) as it is extended from the Heritage Center to Tye River Truck Stop.   VDOT has approved the use of the median to add 12� mains. Mr. Castillo proposed the purchase or lease of the water system from the County. If ownership is retained by the County, the County will be responsible for repair and maintenance. Mr. Carter was not agreeable to the transfer of this resource to the NCSA, then having a bill to pay for water used by the lessee of the building. Mr. Castillo said that DEQ�s goal is to get public water to the owners of the three contaminated wells. The grant will be an opportunity to get infrastructure down the Rt. 29 corridor from Colleen without cost to the County. Mr. Harvey pointed out that the Heritage Center has been leased from the County, which includes water and sewer. Before any decision can be made the County must meet with the lessee. A committee of four was appointed � Steve Carter, Tim Castillo, Allen Hale and Ed Gilliam � to determine what options the County and Service Authority have in regard to this project.

Piney River Project. Mr. Castillo discussed issues with the Roseland and Henderson�s Store projects and asked whether the County wants to turn these over to the Service Authority. Mr. Carter said that more information regarding cost is needed and should be available within 90 days. A committee of four was appointed � Steve Carter, Tim Castillo, Allen Hale and Ed Gilliam � to develop options for this project. Mr. Gilliam thanked the BOS for meeting with them. After the committee meets on the above issues, the Service Authority would like to meet with the Board again. The Service Authority adjourned the meeting and the Board proceeded with other business.

XI.   Public Comments
None.

XII.   Other Business
Mr. Carter stated that the maintenance department has corrected the handicapped parking spaces at Schuyler Museum. Mr. Harris said that evaluation forms are being reviewed and they are still looking for a suitable one to use for Mr. Carter�s evaluation.

   A. Schedule Work Sessions � Budget and Zoning
A budget work session was scheduled for 6:00 P. M. on March 20, 2006, and a budget/zoning work session scheduled for 6:00 P. M. on April 12, 2006. Mr. Harrison Rue, Executive Director of Thomas Jefferson Planning District will be asked to attend the April 11 meeting.

Closed Meeting
Mr. Harvey requested a closed session to discuss an employee issue. Mr. Hale made a motion to go into closed session to discuss a personnel matter, pursuant to Article 2.2-3711.A.1 of the Code of VA, involving employee performance. It was seconded by Mrs. Brennan, and the Board voted unanimously by roll call (5-0) to go into closed session.

Return to Regular Session
On a motion by Ms. Brennan, and seconded by Mr. Harvey, the Board voted unanimously by roll call (5-0) to return from closed session to regular session.

Certification of Closed Meeting
On a motion by Mr. Harvey to certify that the executive session of the Board of Supervisors involved a personnel matter and that that was the only matter discussed. The motion was seconded by Mrs. Brennan and the Board voted unanimously by roll call (5-0) to certify the closed meeting.

XIII.   Adjournment
On a motion by Mrs. Brennan, seconded by Mr. Bruguiere, the Board voted unanimously by roll call (5-0) to continue the meeting to March 20, 2006 at 6:00 P. M. in the Board of Supervisors meeting room, County Courthouse, for the purpose of reviewing the FY 06-07 budget.

_______________________, Chair