Board of Supervisors: June 14, 2005

June 14, 2005

June 14, 2005

Virginia:

At a Regular Meeting of the Nelson County Board of Supervisors on June 14, 2005,
2:00 p.m., at the Courthouse in Lovingston, Virginia, thereof:

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

Agenda Item Number 1. Call Meeting to Order

Chair Wood called the meeting to order.

A.   Moment of Silence
B.   Pledge of Allegiance: Supervisor Bruguiere

Agenda Item Number II. Consent Agenda

A.   Minutes
B.   FY 2004-2005 Budget Amendment
C.   Refunds
D.   Designation of IPR Administrator

Re: Approval of the Consent Agenda

On a motion duly made 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:

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

A.   Minutes of the March 9, 2005; March 15, 2005; March 1, 2005; March 22, 2005; March 24, 2005; March 19, 2005; April 19, 2005; April 28, 2005;
May 10, 2005 (10:00 A.M.); and May 10, 2005 (2:00 P.M.)

B.   FY 2004-2005 Budget Amendment

AMENDMENT OF FISCAL YEAR 2004-2005 BUDGET

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
$ 1,850.00   3-100-001401-0001   4-100-021020-3012
1,300.00   3-100-002404-0004   4-100-031020-7006
4,000.00   3-100-002404-0015   4-100-032010-8230
4,000.00   3-100-001303-0019   4-100-081020-5402
$ 11,150.00

II.         Transfers (General Fund)
Amount       Credit Account       Debit Account
$ 1,627.00   4-100-999000-9901   4-100-013010-5401
13,000.00   4-100-021050-3022   4-100-033010-6001
$14,627.00

III.         Appropriation of Funds (School Fund)
Amount       Revenue Account       Expenditure Account
$59,139.06   3-205-003302-0002   4-205-061100-9301
33,493.32   3-205-003302-0003   4-205-061100-9301
73,263.33   3-205-003302-0019   4-205-061100-9301
(3,802.00)   3-205-003302-0030   4-205-061100-9301
15,211.63   3-205-003302-0032   4-205-061100-9301
418.88       3-205-003302-0280   4-205-061100-9301
43,194.82   3-205-003302-0099   4-205-061100-9301
2,044.00   3-205-001901-0002   4-205-061100-9301
$222,963.04   Subtotal Instruction

$5,470.00   3-205-004105-0001   4-205-062100-9302
$703.49       3-205-001899-0012   4-205-062100-9302
$6,173.49   Subtotal Administration

$128,377.47   3-205-001899-0012   4-205-065100-9306
$128,377.47   Subtotal Food Services

$357,514.00   Total School Fund Appropriation

C.   Refunds

Refunds were approved for Jack L. Rea in the amount of $61.20; and David L. Thomas in the amount of $50.00.

D.   Designation of IPR Administrator

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT INDOOR PLUMBING/REHABILITATION PROGRAM

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby designate the Nelson County Community Development Foundation to administer the Department of Housing and Community Development’s Indoor Plumbing/Rehabilitation Program funds (IPR) for Program Year 2006.

Agenda Item Number III. Public Comments and Presentations

A.   Public Comments

Jan Burland spoke in support of the Nellysford Masterplan Project and recommended the Board of Supervisors approve and finance the Project.

Gordon Koerner, Brownings Cove, presented a petition opposing the relocation or demolishing the Courthouse. Mr. Koerner stated that he attended a recent work session and no one in attendance was in support of moving the Courthouse or it being torn down. Mr. Koerner also stated that he feel the County should purchase land and expand the existing Courthouse. Additionally, Mr. Koerner spoke regarding poor maintenance on county buildings and noted the ceiling fell on the second floor in the J&D Office at the Courthouse.

In response to Mr. Koerner’s comments, Supervisor Brennan stated that she is somewhat confused and noted that right now, the County is looking at all possibilities for the Courthouse Renovation Project. Ms. Brennan stated that a directive was given to County Administrator Carter to explore all possibilities, but never to move the Courthouse. The objective is to not look anywhere else.

B.   VDOT Report

Kevin Wright, Assistant Resident Engineer, Virginia Department of Transportation, discussed the following items:
•   Local Partnership Fund. Mr. Wright stated that $40 million dollars have been made available under the Local Partnership Fund and noted that the Route 613 Bridge Project and none of the projects in this year’s Six Year Plan are eligible for funding (only secondary road projects).
•   Extending the turn lanes at the High School will be completed with the parking lot project.
•   The turn lanes at Oak Ridge will be completed this week or next week.
Additionally, the Board Members discussed road concerns as follows:
•   Supervisor Bruguiere asked the status of completion time frames for the Dark Hollow and Level Green Projects. Mr. Wright stated that the contract is in Richmond and should be on the street next week.

•   Supervisor Brennan stated that she has received a letter and petitions for reducing the speed limit on Route 627, Spruce Creek Lane. Supervisor Harvey stated that he will schedule a meeting regarding the request.

•   Supervisor Harvey expressed concern regarding mowing on County roads and questioned if new criteria had been established for mowing. Mr. Wright stated that they are trying to hit the bad spots.

Mr. Carter stated that the Lovingston Food Lion intersection has been described as the most dangerous intersection in Central Virginia, and noted that upcoming work shops will provide potential solutions within Lovingston.

Concluding discussion, the Board passed the following Resolution requesting VDOT to reduce the speed limit on Spruce Creek Lane.

Re: Route 627, Spruce Creek Lane

WHEREAS, Petitions and letters have been presented requesting the Virginia Department of Transportation to reduce the speed limit on Route 627, Spruce Creek Lane; and

WHEREAS, There is an imminent safety concern to citizens entering and exiting Spruce Creek Lane off of Route 151:

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby request the Virginia Department of Transportation to reduce the speed limit on Route 627, Spruce Creek Lane, because of safety concerns.

Agenda Item Number IV. Unfinished Business

A.   Business Directory: Staff

Maureen Corum, Director of Tourism and Economic Development, provided background information on the printing of a business directory for the County.   Currently, the Chamber of Commerce is updating and printing the directory every year. Prior to the Chamber of Commerce updating and printing the directory, the Commissioner of Revenue collected the business license information.

Ms. Corum noted that the fee for purchasing a business license is $30.00 per year and are due March of each year. However, the Commissioner of Revenue estimates that seventy-five percent of all licenses are paid by June of each year.

Ms. Corum recommended that the Office of Economic Development and Tourism partner with the Office of the Commissioner of the Revenue to develop an on-line version of the directory (the other information about the County is already on the web site). Ms. Corum noted that this would immediately make the information available to the approximately 45,000 visitors to the site each month, as well as provide the listed businesses with enhanced placements on major search engines as a result of the County website’s high
rankings on Google, Yahoo, and other search sites. There is no cost to add this information to the web site. If a printable version is required, a PDF file can be added and updated on a scheduled basis.

The cost for the Project is in the resources (staffing) necessary to translate the Commissioner of the Revenue’s files to work processing files, compile the data on businesses that do not have a business license and the categorization of businesses. If printed copies of the document are required, there will be an additional cost for printing.

Supervisor Harvey stated that the directory is very inconsistent and recommended establishing categories for businesses.

Concluding discussion, the Board of Supervisors, by consensus, agreed to develop an on-line version of the directory.

Supervisors Harris and Wood recommended meeting with the Chamber of Commerce to make them aware of what the County is planning to do and request their input.

B.   Paid EMS Project: Staff

Mr. Carter stated that the County is still in negotiations regarding the proposed paid EMS Project, and noted that the Wintergreen Property Owners Association has also discussed including fire personnel in the paid EMS Project. Mr. Carter presented a proposed budget and noted that revenue for a full year is estimated at $335,386.00 and expenditures at
$393,138.00 with a shortfall of $57,752.00. Revenues for the first year are estimated at $83,847.00 and expenditures at $210,983.50 with a shortfall of $127,136.50.

Mr. Carter stated that the first year revenues are based on three months of the annual amount. The first year expenditures are based on six months of the annual amount, plus the annual supervisors’ amount and start up cost.

Supervisor Brennan reported on an EMS meeting last night and reiterated that the County is still in negotiations with Wintergreen.

C.   FY 2005-2006 Budget
(1)   Adoption of Budget
(2)   Appropriation of Fund
(3)   Amendment of Compensation & Classification Plans

The Board of Supervisors discussed the proposed budget as follows:

Supervisor Bruguiere stated that he is in favor of the additional GIS Personnel, but was wondering if the program could be developed, buy the software, etc. and then hire the individual next year since the County is not ready to hire the personnel now.

Mr. Bruguiere also stated that he is not in support of funding $50,000 to Oakland Museum.

Supervisor Brennan recommended that an overview of the GIS Program be included on the July Agenda to encompass the entire program. Supervisor Brennan also stated that she wish the County could have allocated more funding to the EDA.

Supervisor Harvey stated that the County needs to keep the taxpayers in mind.

Supervisor Wood stated that because of the need, he is concern the County did not provide additional funding to JABA.

Supervisors Harris and Brennan concurred with Supervisor Wood.

Supervisor Harvey stated that he is not supportive of the Board’s funding approval for JABA.

(1)   Adoption of Budget

Concluding discussion, 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 Board passed the following Resolution adopting the Fiscal Year 2005-2006 Budget as follows:

RE: ADOPTION OF BUDGET AND SERVICE DISTRICT TAX RATES, FISCAL
         YEAR 2005-2006 (JULY 1, 2005-JUNE 30, 2006)

WHEREAS, pursuant to the applicable provisions of Chapter 25, Budgets, Audits and Reports of Title 15.2 of the Code of Virginia, 1950, the Board of Supervisors of Nelson County, Virginia has prepared a budget for informative and fiscal planning purposes only and has also
established tax rates, as applicable, for Fiscal Year 2005-2006 (July 1, 2005-June 30, 2006); and

WHEREAS, the completed Fiscal Year 2005-2006 Budget is an itemized and
classified plan of all contemplated expenditures and all estimated revenues and borrowing; and

WHEREAS, the Board of Supervisors has published a synopsis of the budget, given notice of a public hearing in a newspaper having general circulation in Nelson County and, subsequentthereto, convened a public hearing on the Fiscal Year 2005-2006 Budget.

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Nelson County, Virginia that the Fiscal Year 2005-2006 Budget be hereby adopted in the total amount (all funds, revenues and expenditures) of $57,836,128.   The individual fund totals are denoted as follows:

Fund                      Budget
General*           $ 23,914,949.00
VPA               $   1,870,198.00
Debt Service            $   3,356,451.00
E911               $     355,093.00
CDBG               $     809,309.00
Capital               $   1,237,556.00
School               $ 20,592,517.00
Piney River (Operations)   $      36,000.00
Piney River 3 Project       $   5,655,840.00
Street Lights           $       8,215.00

*Includes $11,916,718.00 in local funding transferred to the Debt Service Fund ($2,605,944), School Fund ($8,753,871.00), Piney River Fund ($10,000.00) and Capital Reserve ($546,903.00). Includes
$1,870,198.00 in local, state, and federal funds transferred to the VPA Fund.

BE IT FURTHER RESOLVED, that the Service District (street light) tax rates to be levied in Nelson County, Virginia for Fiscal Year 2005-2006, effective July 1, 2005, shall be as follows:

       Arrington Service District:   $ 34.50 per year (on each parcel of real property)
       Lovingston Service District:   $ 43.00 per year (on each parcel of real property)
       Shipman Service District:   $ 49.25 per year (on each parcel of real property)

BE IT LASTLY RESOLVED, that adoption of the Fiscal Year 2005-2006 Budget shall not be
deemed to be an appropriation and no expenditures shall be made from said budget until duly
appropriated by the Board of Supervisors of Nelson County, Virginia.

          (2) Appropriation of Funds

Additionally, 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 Board of Supervisors approved the Appropriation of Funds for Fiscal Year 2005-2006 as follows:

RE: FISCAL YEAR 2005-2006 APPROPRIATION OF FUNDS

WHEREAS, the applicable provisions of Chapter 25, Budgets, Audits and Reports of Title 15.2 of the Code of Virginia, 1950 require the appropriation of budgeted funds prior to the availability of funds to be paid out or become available to be paid out for any contemplated expenditure; and

WHEREAS, the Nelson County Board of Supervisors has heretofore approved the
Fiscal Year 2005-2006 Budget (July 1, 2005 to June 30, 2006) for the local
government of Nelson County and its component units; and

WHEREAS, the Board of Supervisors now proposes to appropriate the funds
established in the Fiscal Year 2005-2006 Budget;

NOW, THEREFORE, BE IT RESOLVED by the Nelson County Board of
Supervisors that the Fiscal Year 2005-2006 Budget be hereby appropriated on an annual
basis by fund category, as follows:

Fund               Revenue(s) (All Sources)   Expenditure(s) (All Departments)
General        $23,914,949.00           $23,914,949.00
VPA           $ 1,870,198.00           $ 1,870,198.00
Debt Service       $ 3,356,451.00           $ 3,356,451.00
E911           $   355,093.00           $   355,093.00
CDBG           $   809,309.00           $   809,309.00
Capital           $ 1,237,556.00           $ 1,237,556.00
School           $20,592,517.00           $20,592,517.00
Piney River Sewer   $    36,000.00           $    36,000.00
Piney River 3 Project   $ 5,655,840.00           $ 5,655,840.00
Street Lights       $     8,215.00           $     8,215.00

BE IT FURTHER RESOLVED by the Board of Supervisors that:

The General Fund appropriation includes the transfer of $1,870,198 (Account
093100-9201) to the VPA Fund, $2,605,944 (Account 093100-9204) to the Debt
Service Fund, $8,753,871 (Account 093100-9202, Account 093100-9203, and
Account 093100-9205) to the School Fund, $10,000 (Account 093100-9207)
to the Piney River Sewer Fund, and $546,903 (Account 093100-9900) to the Capital Reserve. The amounts transferred from the General Fund to the VPA Fund, Debt Service Fund, School Fund, and Piney River Sewer Fund are also included in the total appropriation for each of these funds.

The appropriation of funds to the School Fund and VPA Fund shall be in total and not categorically.

The appropriation and use of funds within the General, Debt Service, E-911, CDBG, Capital, Piney River Sewer, Piney River 3 Project and Street Light funds shall adhere to the amounts prescribed by the Board of Supervisors for each department therein unless otherwise authorized by the Board of Supervisors.

          (3) Amendment of Compensation & Classification Plans

The Board of Supervisors discussed the Salary and Classification System.

Supervisor Bruguiere expressed concern regarding funding Constitutional Officers.

Supervisor Harris expressed concern regarding the grade change for the Public Safety Dispatchers and the Solid Waste Recycling Coordinator.

Concluding discussion, on a motion by Ms. Brennan, seconded by Mr. Bruguiere, with Ms. Brennan voting yes, Mr. Bruguiere voting no, Mr. Harvey voting no, Mr. Harris voting no, and Mr. Wood voting no, a Resolution to approve the Salary and Classification System as presented did not pass.

The Board ultimately agreed to request Constitutional Officers submit reports to the Board and each member was requested to develop a list of items the Board would like to have included.

Following discussion, on a motion by Mr. Harvey, seconded by Ms. Brennan, with Mr. Harvey voting yes, Ms. Brennan voting yes, Mr. Bruguiere voting no, Mr. Harris voting no, and Mr. Wood voting yes, the Board of Supervisors approved the Salary and Classification System with a Grade change from 8 to Grade 10 for Public Safety Dispatchers and Grade 10 to Grade 11 for the Solid Waste and Recycling Coordinator as follows:

RE: SALARY AND CLASSIFICATION SYSTEM

BE IT RESOLVED by the Nelson County Board of Supervisors that the local
government’s “Salary and Classification System” is hereby amended to incorporate the following:

A three and one half percent (3.5%) salary adjustment shall be hereby authorized for Nelson County personnel employed pursuant to the County’s salary classification and pay plan, effective on July 1, 2005. The three and one half percent (3.5%) consists of a one percent (1%) cost of living adjustment and a salary grade step increase of two and one half percent (2.5%) to employees that are not currently at the top step (step 24) within their grade.

Additionally, a three and one half percent (3.5%) salary adjustment shall be authorized for all regular part-time employees, and those employed in a Constitutional Office. The three and one half percent (3.5%) for Constitutional Offices is inclusive of the approved State Compensation Board employee raises effective December 2005. The wage adjustment for
part-time employees in Constitutional Offices shall be determined by the Constitutional Officer within the approved Fiscal Year 2005-2006 budget.

A continuation of the salary supplement initially implemented July 1, 2002, shall be hereby authorized for Constitutional Officers and their full time staff for the period July 1, 2005 through June 30, 2006.

A Grade change for the following County positions: Public Safety Dispatcher: Grade 8 to Grade 9 and Custodian: Grade 3 to Grade 6; addition of the following County positions: Senior Public Safety Dispatcher: Grade 10 and Solid Waste and Recycling Coordinator – Part Time: Grade 13.

Agenda Item Number V. New Business

A.   EMS Funding: Search & Rescue Association

Mr. Carter presented a letter from the Nelson County Emergency Services Council regarding the Search and Rescue Association going to an inactive status. The Association has returned the $3,500 to the Council, which has been included into the Council’s Training Budget.

In the 2005 EMS budget, $3,000.00 was allocated to the Search and Rescue Association. If the funds remain in the Budget as allocated, the Council would like to start a fund where Fire and Rescue Agencies could be reimbursed for money spent in providing food, drinks, etc., to law enforcement and other agencies on emergency incidents in the county.

Concluding discussion, the Board of Supervisors passed the following Resolution:

Re: Nelson County Emergency Services Council Funding

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 Board of Supervisors passed the following Resolution:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve the $3,000.00 to remain in the Emergency Services Council’s Budget and recommended the funding be allocated to training.

B.   Tire Fees

Mr. Carter presented a proposed Resolution to increase the tire disposal fee at the
Transfer Station as follows:

(1)   Tires under 22” diameter -- $3.00 each (no increase);
(2)   Tires 22” or larger diameter -- $10/00 each (increase of $2.00);
(3)   Tractor tires -- $18.00 each (increase of $6.00);
(4)   Skidder tires -- $30.00 each (increase of $10,000)
(5)   Rims -- above charges doubled for each tie on a rim (no change);
(6)   Bulk rate for large loads of tires (13 tires or more) - - $120/ton, plus $23 surcharge (increase of $40/ton and $1.00 surcharge); and
(7)   No free tires (no change).
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               The Board of Supervisors discussed the proposed fees and deferred approval. Supervisor Harvey was directed to work with Staff in developing the proposed increase.

C.   Nellysford Masterplan Project

Mr. Carter presented the proposed Nellysford Community Plan and Scope of Work prepared by the Thomas Jefferson Planning District Commission. The Plan will guide the pattern and design of future development; plan a transportation network for vehicles, pedestrians, transit and bicycles; guide the development of new public spaces; identify potential development and housing opportunities; and improve and enhance the overall business environment.

The Nelson County Comprehensive Plan proposes the Neighborhood Mixed Use
Development Model as a benefit to the Nellysford community. The Model encourages a variety of uses focused around a central gathering place. A walkable community, allowing residents and visitors to park their cars and walk easily and safely to services, is a key feature of this Model.

County citizens at the Planning District’s UnJAM 2025 work sessions identified Nellysford as an area to concentrate transportation improvements, including pedestrian and bicycle needs, and to further develop the area as a village for shopping and services.

The Board of Supervisors discussed the proposed Plan and recommended approval of a fifty/fifty match up to $25,000.

Concluding discussion, the Board of Supervisors approved the Nellysford Community Plan as follows:

Re: Approval of the Nellysford Community Plan

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve the Nellysford Community Plan with a fifty/fifty match up to $25,000.00.

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

A.   Board of Supervisors Committee Reports

(1)   Convenience Sites

Mr. Carter stated that a preferred site for the second consolidated Solid
Waste Convenience/Recycling Center has been identified in the Shipman community.

Mr. Carter reiterated that Wiley & Wilson has been selected to perform the engineering work along with Saunders’ Service being assisting with the project. Mr. Carter stated that the cost for engineering work is estimated to cost $60,000 to develop the next three sites.

Mr. Carter also reported that potential sites have been identified in Faber and the Roseland/Piney River area for the third Convenience/Recycling Center.

The Board of Supervisors directed Mr. Carter to identify and negotiate the proposed sites in the areas as stated.

(2)   Thomas Jefferson Planning District Commission

Fred Boger, Planning Director, stated that the Commission adopted the Homeless Program; adopted the HOME Program; adopted the Hazardous Mitigation Plan; purchased a new vehicle; discussed amending the Commission’s Bylaws to allow Towns to become a member of the Planning District; and stated Chris Gensic has resigned.

(3)   VACO

Supervisor Brennan reported on the May Meeting of VACO and noted she chaired the Committee on Health Insurance dealing with Medicaid. The next meeting will be held in August.

C.   Appointments

Ms. Carter presented a list of vacancies and appointments were made as follows:

(1)Senior Advisory Committee

Re: Appointment of the Senior Advisory Committee

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 appoint the Senior Advisory Committee as follows:

Constance Brennan, Board Member
Harry S. Harris, Board Member
Pete Perdue, Rockfish Community Center
Donna Shaunesey, JAUNT
Charlotte Syran, The Nelson Center
Margaret Henderson, JABA
Lynn Carson, Rockfish Community Center
Helen Beasley, Schuyler Community Center
Kitty Lyle, Gladstone Community/Senior Center

(2) Nelson County Welfare Board

Re: Reappointment of Diane Harvey to the Nelson County Welfare Board

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 abstaining, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby reappoint Diane Harvey to the Nelson County Welfare Board, effective July 1, 2005 to expire June 30, 2009.

Re: Appointment of Supervisor Harry S. Harris to Replace Virgie A. Carter on the Nelson County Welfare Board

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 abstaining, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby appoint Supervisor Harry S. Harris to replace Virgie A. Carter on the Nelson County Welfare Board, effective July 1, 2005 to expire June 30, 2009. (Ms. Carter has served two consecutive terms and is not eligible for reappointment).

(3) Nelson County Library Advisory Committee

Re: Reappointment of Jackson Davis to the Nelson County Library Advisory Committee

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 reappoint Jackson   Davis of the South District to the Nelson County Library Advisory Committee, effective July 1, 2005 to expire June 30, 2009.

(4) Thomas Jefferson Area Community Criminal Justice Board

An appointment to replace Jonae Buckley on the Thomas Jefferson Area Community Criminal Justice Board was deferred.

(5)   Nelson County Service Authority

An appointment to replace Gary Sherwood, South District, on the Nelson County Service Authority was deferred.

(6)   Nelson County Economic Development Authority

The Board directed that a letter be written to John Spencer, South District appointee on the Nelson County Economic Development Authority, regarding his absence in attending EDA Meetings.

Additionally, the Board passed a Resolution compensating Boards, Commissions, etc., appointed by the Board $75.00 per meeting as follows:

Re: Compensation for Boards, Commissions, etc., Appointed by the Board of Supervisors Currently being Compensated $75.00 per 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 no, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby compensate Boards, Commissions, etc., appointed by the Board of Supervisors currently being compensated $75.00 per meeting.

Mr. Wood stated he voted no because he did not agree with all Boards, Commissions, etc., being compensated the same fee.

        C. Board Directives

Supervisor Brennan requested a report on the Courthouse Project; recommended instituting a program on Developmental Rights even though funding is not available.

D.      Correspondences

Mr. Carter presented the following correspondences:

(1)   VDOT: Route 664 Designation
(2)   Senator George Allen: CDBG Funding
(3)   Nelson Heritage Center

Agenda Item Number VII. Closed Meeting

A Closed Meeting was not needed.

Agenda Item Number VIII. Recess and Reconvene for Evening Session

The Board recessed the Afternoon Session at 5:45 p.m., and reconvened the Evening Session at 7:30 p.m.

Agenda Item Number IX. Public Hearings:

Supervisor Wood stated that Curtis Bruguiere has requested his rezoning request to be deferred until July.

A.   Article IV. – Consumer Utility Taxes: Repeal Sections 11-101 through 11-108 and Enact New Provisions in Place Thereof as Article IV. Telecommunications Service Tax, Sections 11-101 through 11-108.

Mr. Carter reported that the primary purposes of the repeal and reenactment of Article IV are (1) to increase the rates(s) of tax imposed on each taxable purchase by a consumer of local telecommunications services if the customer’s address is located in Nelson County from the current maximum of $2.00 per month on residential, commercial and industrial consumers to a maximum of $3.00 per month on residential consumers and $10.00 per month on commercial and industrial consumers; and (2) to establish a tax on each taxable purchase by a consumer of local mobile telecommunications service at a maximum of $3.00 per month to the consumer. The balance of changes to Article IV is administrative processes, including violations and penalties, associated with the local telecommunications service tax.

Mr. Carter further stated that Local authority is pursuant to Section 58.1-3812 of the Code of VA, 1950.

Concluding comments from Mr. Carter, Supervisor Wood requested comments be limited to three minutes and requested comments be made to the Board of Supervisors.

Additionally, the Board noted that the proposed increase will create increased revenue for the County and noted that the funds have been dedicated to fund paid EMS Personnel.

Supervisor Wood opened the Public Hearing.

Stevie Ashley, Nelson County Rescue Squad, spoke in support of paid EMS Personnel and the proposed tax.

Jimmy Slaughter, Tye River, spoke in support of paid EMS Personnel, but stated that he is not in support of the proposed Courthouse renovations. Mr. Slaughter recommended the Board consider finding revenue from somewhere else to fund paid EMS Personnel.

Jack Daily, Wintergreen, spoke in support of paid EMS Personnel, but noted he disagree with the way the County is proposed to funding the Program.

Calton Ballowe, Faber, stated that paid EMS Personnel is a worthy cause, but questioned if this is the time to launch a new tax on businesses. Mr. Ballowe recommended the County paying off existing debt first.

Rob Rutherford, Shipman, stated he is concerned with what will happen to the funds once this project is paid for.

Concluding comments from Mr. Rutherford, Supervisor Wood closed the Public Hearing.

B.   Article IV. Transient Occupancy Tax: Amend and Re-Enact Section 11-131 – Levy of Tax

Mr. Carter stated that the purposes of the amendment and re-enactment of Section 11-131 are: (1) to increase the present tax rate from two percent (2%) to five percent (5%) of the amount charged upon every transient occupying hotels, motels, boarding houses, travel campground and other similar facilities offering guest rooms and, (2) to retain the present tax rate of two percent (2%) on every transient occupying condominiums, apartments, townhouse or like building. Each tax rate so imposed is for occupancy for fewer than thirty consecutive days.

Mr. Carter further stated that local authority is pursuant to Section 58.1-3819 of the Code of VA, 1950.

Supervisor Wood opened the Public Hearing.

Heather Goodwin, Arrington, stated that the County does not have a way to track the lodging tax and she is not sure everyone is paying their share. Ms. Goodwin stated that the proposed increase will be a burden on the B&B’s and Wintergreen and will subsequently be passed to the tourists.

Dan Ingraham, Afton Mountain B&B, questioned why the increase is needed, what purpose will it serve, and who will be administering it. Mr. Ingraham stated that the County needs to determine if it is necessary.

Richard Bulissa, Orchard House B&B, stated that the County is trying to bring tourists in and they will get hit with an increase in taxes. Mr. Bulissa stated that the proposed increase will have a big impact on B&B’s.

Keith Smith, Royal Oak Cabins, stated that the proposed 150 percent increase is too much and recommended the Board consider tourism before instituting the tax.

Bob Coughi, Harmony Hill B&B, stated that it is extremely difficult to attract tourism, noted that tourism is big throughout the State, and the proposed tax will hurt tourism substantially if the tax is increased.

Concluding comments from Mr. Coughi, Supervisor Wood closed the Public Hearing.

C.   Article VIII. – Electricity Consumer Tax: Amend and Re-Enact Section 11-173 – Electricity Utility Consumer Tax

Mr. Carter stated that the purpose of the amendment and re-enactment of Section 11-173 is to increase the total amount of monthly tax on each purchase of electricity delivered to consumers by a service provided from the current amount of $2.00 per month on residential, commercial and industrial consumers to $3.00 per month on residential consumers and $10.00 per month on commercial and industrial consumers.

Mr. Carter further stated that local authority is pursuant to Section 58.1-3814 of the Code of VA, 1950.

Supervisor Wood opened the Public Hearing.

Gordon Koerner, Browning’s Cove Road, stated that he wanted to talk about taxes, but not the Electricity Utility Consumer Tax and noted that if the Board had raised Personal Property Taxes by $1.00, it would have far exceeded what the Board is proposing.

Heather Goodwin, Arrington, stated that the proposed tax will force the electric cooperative into a harder situation with the proposed deregulation and could affect high paying jobs at electric companies.

Rob Rutherford, Shipman, stated that the proposed increase would cost him over $1,000.00 per year as opposed to the $100 a year he paid when he first started his business.

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

Supervisor Harvey stated that a lot of the comments made tonight are the same comments the Board of Supervisors said five years ago, but that the time has come to obtain help for the volunteers. Mr. Harvey stated that volunteers are still needed and the new system will not work without volunteers. Mr. Harvey stated that everything has been done legally and the Emergency Medical Services Council has requested paid EMS Personnel.

Supervisor Bruguiere stated he echoed a lot of sentiments Mr. Harvey has expressed and noted that he did not fully understand the need for paid EMS Personnel until he became a driver with the Roseland Rescue Squad. Mr. Bruguiere stated that the daytime crews are retired people and they need extra help.

Supervisor Harris stated that most of the comments he has have been made and noted that he is not in favor of raising taxes, but how do you pay for services that are very much needed. Mr. Harris stated that some good points have been made and noted that the Board has talked about resource recovery and have looked at all different angles and may need to look at funds from the State.

Supervisor Brennan thanked everyone for attending the meeting and noted that the EMS Council has asked for help. Ms. Brennan stated that she is a nurse and use to work on the Nelson Rescue Squad and noted that some days there is no one to answer calls. Ms. Brennan stated that citizens will be upset if the County does not have EMS and noted that Counties are not required to provide EMS service.

Ms. Brennan stated that the County has looked at other ways to raise money including resource recovery.

Supervisor Wood stated that research on paid EMS Personnel have showed other localities have found no immediate drop off in the number of volunteers or the level of contributions. Mr. Wood stated that the Board is looking at revenue recovery and noted that the start up costs will increase. Mr. Wood stated that the Board has looked at several options for revenue and did not want to put the entire burden on the citizens with the real estate tax, but will probably be needed for the Courthouse project. Mr. Wood also stated that the County can only do what the State allows us to do under the Dillion Rule Law.

Additionally, Mr. Carter stated that the portion of the Personal Property Tax returned to the County will be frozen in 2006.

Concluding comments from Mr. Carter, the Board deferred action on the proposed tax increases pending additional information from staff and response to questions from citizens expressed tonight.

D.   Chapter 8, Offenses and Miscellaneous Provisions: Repeal Article II. Noise Control and Enact in its Place Within Chapter 8, Offenses and Miscellaneous Provisions, as Article II. Noise.

Mr. Carter stated that the Board of Supervisors is proposing to Repeal the existing Noise Control Ordinance and readopt a proposed Ordinance as follows:

Section 8-26. Noise

No person shall make, continue, or cause to be made or continue any excessive, unnecessary and unusually loud noise or any noise which unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, except as otherwise allowed or exempted by law.

Section 8-27. Penalties

(a)   Any person who violates any provision of this article shall be deemed to be guilty of a class 3 misdemeanor.
(b)   Each day of violation of any provision of this article shall constitute a separate offense.

Supervisor Wood opened the Public Hearing.

James Slaughter, Tye River, stated that Nelson County needs a Sound Ordinance that is fair and enforced across the Board. Mr. Slaughter stated that the proposed Noise Control Ordinance is not acceptable and can never be enforced, and recommended amending the existing Ordinance.

Thomas W. Evans, Virginia Shooting Sports Association, stated that the proposed Ordinance will infringe on United States and State Constitutional rights. Mr. Evans stated that Nelson County is well suited for hunting and associated activities if not regulated out of existence.

Joel Partridge, National Riffle Association, stated that the proposed Ordinance is vague and questioned what is the target for the Ordinance. Mr. Partridge stated that the NRA is concerned that the Ordinance is aimed at firearms and is anti-hunter and anti-gun.

Bob Dooley, a member of the NRA, stated that the Ordinance should not negatively impact gun owners.

Jim Imbur stated that the proposed Ordinance should be more specific and should not exempt true hunting, hunting live animals, and clay pigeons.

Jim Raup, representing the Wingina community, recommended the proposed Ordinance address options if noise is too loud and referenced the possible shotgun sports center being located in the community.

Gordon Koerner, Browning Cove Road, stated that the Board of Supervisors is overreacting to an ongoing lawsuit and stated that the problem is people don’t want to communicate.

Carlton Ballowe, Faber, stated that he does not know who the Arthur of the Ordinance is, but it appears it is/was targeted at some group, somebody or someone and noted that the Ordinance is vague.

Rob Rutherford, Shipman, stated that he can not believe the County has drafted such a vague, poor document.

Pam Doodey, Tye River, stated that the proposed Ordinance will take her right away to protect her property and noted that it des not serve a purpose.

Anthony Troy expressed several concerns regarding the proposed Ordinance and stated that it is vague and does not have any exceptions. Mr. Troy further stated that Nelson may want to look at Greene County’s Ordinance and noted that with a couple of exceptions, they have a good Ordinance.

Jay Falk, Amherst County, stated he works at Grief Corporation and expressed concern with the vagueness of the Ordinance and questioned if it could hinder operation of small businesses and forested lands.

Jim Imbur recommended the County write a fair Ordinance and encouraged a rational approach when drafting the Ordinance.

Concluding discussion from the public, Supervisor Wood closed the Public Hearing.

Supervisor Wood stated that that he appreciated everyone coming out tonight expressing their concerns and noted that the proposed Ordinance needs some work. Mr. Wood stated that it is not the Board’s intent to go after any group or activity.

Supervisor Brennan reiterated that no one said anything about hunting and she is disappointed to hear that some of the citizens think the Board is targeting hunters. Ms. Brennan stated that the County needs a Noise Ordinance, but the Ordinance was put out prematurely and it needs work.

Supervisor Harris stated that the proposed Ordinance is not a product of the Board.

Supervisor Bruguiere stated that when he first saw the proposed Ordinance, he did not feel it was as vague as it is, and stated that the County needs something that governs all types of noise.

Supervisor Harvey stated that the present Ordinance does not cover everything and recommended rewriting the existing Ordinance and throwing out the Ordinance discussed tonight.

Mr. Harvey made a motion and seconded by Mr. Harris to throw out the proposed Ordinance and leave the existing Ordinance in place and work toward drafting an Ordinance that would govern noise in the County.

Concluding discussion, Messrs. Harvey and Harris withdrew their motions.

Additionally, Mr. Harvey made the following motion to withdraw the proposed Ordinance as follows:

Re: Withdrawal of Proposed Noise Ordinance

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby withdraw the proposed Noise Ordinance.

E.   TJPDC: Regional Hazard Mitigation Plan

Billie Campbell and Chris Gensic of the Thomas Jefferson Planning District Commission presented the final Regional Hazard Mitigation Plan.

Ms. Campbell provided a power point presentation and stated that the Plan assesses the County’s possible scenarios for natural disasters and our ability to deal with those disasters. In developing Nelson County’s section, Ms. Campbell stated that Staff worked closely with the County’s Emergency Services Council.

Concluding comments from Ms. Campbell, Planning Director, Fred Boger, stated that the Planning Commission voted to recommend approval of the Regional Hazard Mitigation Plan.

Supervisor Wood opened the Public Hearing.

There being no comments from the Public, Mr. Wood closed the Public Hearing.

The Board passed the following Resolution approving the Plan.

Re: Approval of the Thomas Jefferson Planning District Commission’s Regional Hazard Mitigation Plan

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 the Nelson County Board of Supervisors does hereby approve the Thomas Jefferson Planning District Commission’s Regional Hazard Mitigation Plan.

F.   Conditional Use Permit #2005-003: John C. Holland, Jr.

Fred Boger, Planning Director, stated that John C. Holland, Jr., has submitted an application for a Conditional Use Permit, Pursuant to Section 12-5, Uses not provided for, to construct an addition to the existing carriage house located adjacent to 2387 Oak Ridge Road (Route 650). The purpose of the addition will be to provide recreational, social and educational meeting space for the Oak Ridge Historical Society and other interested parties. The property is further identified as Tax Map Number 68-7, Parcel 1.

Mr. Boger noted that Commissioners Proulx and Russell of the Planning Commission expressed support forth project, but expressed concern with approving a use (banquet hall) without first having a definition. Staff explained to the Commission that the procedures to be followed are clearly spelled out in Section 12-5. The proposed use is reviewed first, and if approved by the Board of Supervisors, the Zoning Ordinance is later amended to include that use in the appropriate district. A definition, if one is necessary, is also added to the list of definitions.

On May 25, 2005, the Planning Commission voted five to zero to recommend approval of the Conditional Use Permit#2005-03.

Heather Goodwin showed a schematic drawing of the proposed building.

Supervisor Wood opened the Public Hearing.

Rob Rutherford and Gordon Koerner spoke in support of the proposed Conditional Use Permit.

Concluding comments, Mr. Wood closed the Public Hearing.

The Board approved the request as follows:

Re: Approval of Conditional Use Permit Number 2005-003: John C. Holland, Jr.

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:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve Conditional Use Permit Number 2005-003 for John C. Holland, Jr., Pursuant to Section 12-5, Uses Not Provided For, to construct an addition to the existing carriage house located adjacent to 2387 Oak Ride Road (Route 650).

G.   Conditional Use Permit Number 2002-1, Amendment: Barry Wood

Fred Boger, Planning Director, stated that Barry Wood is requesting to amend the Conditional Use Permit Number 2002-1 approved by the County on February 12, 2002 to permit a private airstrip on his property at 151 Old Ridge Road.

The original CUP approved was for a single east-to-west landing field. Mr. Wood would like to develop on his property a north-to-south landing field which can be used when the wind direction is favorable to land and take off in a north-to-south direction.

The Planning Commission voted to recommend approval of the amendment.

Supervisor Wood opened the Public Hearing.

There being no comments from the public, Mr. Wood closed the Public Hearing.

The Board of Supervisors passed the following Resolution approving the request:

Re: Approval of Conditional Use Permit Number 2002-1, Amendment: Barry Wood

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 an Amendment to Conditional Use Permit Number 2002-1 for Barry Wood in order to develop on his property a north-to-south landing field which can be used when the wind direction is favorable to land and take off in a north-to-south direction as opposed to the original Conditional Use Permit approved for a single east-to-west landing field.

H.   Rezoning Number 2005-002: Curtis Bruguiere

As noted, Mr. Bruguiere has requested the Board of Supervisors to defer his Rezoning Request, Rezoning Number 2005-002.

Agenda Item Number X. Public Comments

Stuart Harvey, President of the Mountain Homesteaders at Wintergreen, spoke regarding the proposed condos to be built adjacent to Wintergarden. Mr. Harvey noted that Virginia has passed legislation to allow a ridgeline development ordinance by localities, and noted that Nelson County has not yet enacted one. Mr. Harvey stated that the Board has a responsibility to increase revenues for the county, but also has a responsibility to protect the welfare of the citizens.

Agenda Item Number XI. Other Business

Supervisor Harris discussed the roof repair at the Heritage Center noting that there are still leaks in the building. Mr. Harris also discussed the three boilers at the Center which will probably not pass inspection.

Mr. Harris reported that no response has been received regarding the roofing system at Gladstone and recommended sending a letter by certified mail.

Additionally, Mr. Harris discussed a letter from Timothy Castillo of the Service Authority regarding the use of the well at the Heritage Center.

Agenda Item Number XII. Adjournment

Re: Continuance of June 14, 2005 Meeting to June 16, 2005

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 continue the June 14, 2005 Meeting to June 16, 2005 in order to conduct a joint meeting with the Nelson County Economic Development Authority.

____________________________________, Chair