Board of Supervisors: September 13, 2005

September 13, 2005

September 13, 2005

Virginia:

At a Regular Meeting of the Nelson County Board of Supervisors on September 13, 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 I. Call Meeting to Order

Chair Wood called the Meeting to order.

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

Agenda Item Number II. Consent Agenda

A.   Minutes
B.   Resolution: Nelson Recycles Day

The Board of Supervisors deferred Item A. Minutes until the October Meeting in order to allow more time for review.

Additionally, the Board passed the remaining item on the Consent Agenda as follows:

Re: Approval of the Consent Agenda

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 Item B on the Consent Agenda as follows:

CERTIFICATE OF RECOGNITION NELSON RECYCLES DAY
NOVEMBER 15, 2005

WHEREAS, Article XI of the Virginia Constitution decrees that it is the Commonwealth’s policy to protect its atmosphere, lands and waters from pollution, impairment or destruction for the benefit, enjoyment and general welfare of the people of the Commonwealth; and

WHEREAS, The Commonwealth of Virginia has set standards for Virginia communities to achieve a twenty-five percent recycle rate; and

WHEREAS, The Keep Nelson Beautiful Council’s mission is to protect the environment of Nelson County through the principles of waste reduction, reuse of resources, and recycling; and

WHEREAS, Nelson County is improving the facilities that enable residents to recycle because recycling is less expensive than landfill disposal for taxpayers; and

WHEREAS, This day is observed as America Recycles Day, and Governor Warner has also recognized this as Virginia Recycles Day:

NOW THEREFORE, BE IT RESOLVED, That the Board of Supervisors of Nelson County recognize November 15, 2005 as Nelson Recycles Day, and encourage all county residents to increase their efforts to recycle.

Agenda Item Number III. Public Comments and Presentations

A.   Public Comments

Gordon Koerner, Brownings Cove, spoke regarding safety on Route 29 as a result of the increased speed limit. Mr. Koerner stated that the State should pay for improvements to Route 29, adding width, installing a bridge across 29, etc. because of the increased speed limit.

B.   VDOT Report
(1)   Abandonment of Old Route 655

Kevin Wright, Assistant Resident Engineer, provided the following update on issues discussed at previous meetings:
•   Arrington Bridge: Norfolk Southern will be making needed repairs from September 27th and will last approximately three weeks. The bridge will be closed from 9:00 A.M. to 3:30 p.m. while repairs are underway.
•   Rural Rustic Road Construction: Work is continuing on Dark Hollow and has just begun on Level Green Road.
•   Turning Lane Construction: The turning lanes are complete now at Route 653 and Nelson High School. Work is due to begin any day on Routes 151 and 6 and Route 840.
•   Route 620: All needed right-of-way has been obtained and is moving forward with advertisement.
•   Nellysford Study: Stated VDOT is looking forward to participating in the Nellysford Community Meeting on September 26th.
•   Route 29/South 29 Business (Food Lion) Intersection:   VDOT has completed the review of the area for a reduced speed limit and possible traffic signal. Board opinion on preferences is needed. A traffic signal may be an option.
•   Public Hearing is scheduled on the Six Year Plan for September 27th.

Concluding Mr. Wright’s report, the Board of Supervisors discussed concerns as follows:

Supervisor Bruguiere stated that the proposed traffic signal at the Food Lion Intersection should improve the flow of the traffic; and questioned if the Harper’s Creek Bridge in Tyro is scheduled for replacement (Mr. Wright will check on the request and report back to the Board).

Supervisor Harris stated that an advanced light advising motorists to be prepared to stop in advance of a traffic signal at the Food Lion Intersection should be installed, and reiterated that the traffic signal will be temporary and VDOT will continue to review the Transportation Study; stated that he is very disappointed that Norfolk Southern will not be making repairs to the Arrington Bridge until September 27th; commended VDOT for the great job in installing the turn lane at the High School; and stated there is one flaw in the work done on Route 653 to Route 29, that being the angle of the road leading to Route 29 (Mr. Wright stated that is what VDOT wanted to create and noted that shoulder work will be done to alleviate some of the concerns expressed by Mr. Harris).

Supervisor Brennan stated that the primary concern is safety at the Food Lion Intersection; requested Mr. Wright to check on a letter received by Mr. Pierce from VDOT stating the speed limit has been reduced on Spruce Creek; discussed a drainage problem on 71 Edgehill Lane; requested the booklet on how speed limits are established; questioned if Old Roberts Mountain Road qualified for the Rural Rustic Program; and stated a citizen has installed a very expensive culvert at the intersection of Hickory Creek and Robert’s Mountain Road and has expressed a concern regarding gravel getting into the culvert.

Supervisor Wood reiterated that safety at the Food Loin intersection is first and stated that speed plays a role in accidents noting the speed limit on Route 29 should have been reduced and not increased; and discussed a letter from VDOT stating that funds can not be used for rural addition projects until localities have changed the standards for subdivisions.

Additionally, Mr. Carter discussed a letter received from Ronnie Brown of VDOT regarding the Abandonment of Old Route 655. Mr. Wright stated he will check on the request.

C.   Legislative Program: David Blount

David C. Blount, Legislative Liaison, discussed the proposed Thomas Jefferson Planning District Legislative Program for 2006. Mr. Blount explained the process for developing the program and discussed major issues being considered for inclusion in the program.

Action items include transportation, education funding, CSA, and revenue raising authority for localities.

Mr. Blount stated that he will return in November to request approval of the Program.

Additionally, Mr. Blount stated that the Legislative Luncheon is tentatively scheduled for the Monday before Thanksgiving, November 21, 2005.

Supervisor Brennan discussed regulations that govern spraying herbicides on school property; a local match for Medicaid; the Criminal Justice Program; Drug Courts; and Mental Health Courts.

Supervisor Harris discussed CSA being included in the Legislative Proposal. Mr. Blount stated that he will request a cap be placed on localities responsible to fund CSA cases.

Supervisor Bruguiere stated that Farm Bureau will be submitting a proposal for the Legislative Program.

Supervisor Wood stated that the Board will pursue eliminating the exemption of the tax on rooms at Wintergreen; will request VDOT to pay for improvements to Route 29 because of the increased speed limit (on Route 29) out of transportation funds as referenced by Gordon Koerner; and legislation to regulate certain breeds of dangerous dogs. The Board also discussed opposition to proposed legislation that would restrict localities to make land use decisions on any type of business.

Mr. Blount stated that in reviewing the State Code, it is his opinion that the County should have been made aware of the speed limit increase.

Supervisor Harvey stated that increasing certain sections of Route 29 was a good idea.

D.   Wintergreen Partners, Inc.

Bob Aston, President/CEO, Rob Sullivan, CFO and Assistant CEO, and Brent Douglass, Director of Development, Wintergreen Property Owners Association, discussed the Village Hotel Project and the proposed financing of the hotel and village.

Mr. Sullivan presented a power point presentation including a schematic drawing of the Project and outlined the long term financial stability for the Resort and significant tax revenues to the County. Mr. Sullivan stated that in the first quarter of 2006, financing will be secured to build the 210 room hotel. The hotel should be fully on line by 2009 and will be part of the Master Plan. It is anticipated that the project will cost thirty-seven million dollars and financed through the creation of a CDA (Community Development Authority) in the amount of six-teen million dollars and twenty-one million dollars in cash flow from WPI and bank debt.

Mr. Sullivan stated that the benefits will be increased employment; more visitors; greater recognition to Nelson County, surrounding counties and the state; and will generate tax revenue.

Mr. Sullivan further stated that Nelson County is requested to partner with Wintergreen in a cooperative way in the earlier, riskier years of the development by reducing the proposed tax payment structure.

Concluding comments from Mr. Sullivan, Supervisor Wood summarized items to be discussed during the joint meeting with the Nelson County Economic Development Authority and the Board of Supervisors on September 27, 2005.

The items included Wintergreen requesting the Board of Supervisors to consider establishing a CDA for Wintergreen; and including an incentive for Wintergreen not to pay taxes during the risky years of the Project.

Mr. Wood stated that the Board of Supervisors will request Wintergreen to request the General Assembly to allow Nelson County to tax rooms and condos; to establish the tax on hotel at five percent (but not to increase the taxes to five percent until the project is up and running); and to document the real estate property role.

Supervisor Brennan stated that she is excited about the project and is waiting to meet on September 27th to further discuss the project.

E.   Wiley & Wilson, Courthouse Project

Randy Vaughan, Wiley & Wilson, provided an update on the Courthouse Project and showed a schematic drawing of Scheme 10. Mr. Vaughan stated that he and Mr. Carter met with Jane Lingo and Joe Lee McClellan regarding the purchase of property for the project and it was determined that Mr. McClellan only owns two feet of the property at the Packing Shed and the remaining property belongs to Sprint. In addition, Mr. Carter stated that he has sent letters to the two property owners and no response has been received todate. Mr. Vaughan stated that Scheme Ten was developed based as a fall back plan should the property not be acquired.

Mr. Vaughan stated that he met with the Courthouse Renovation Committee last week and discussed Scheme 10. Mr. Vaughan stated that all four judges were present and liked Scheme 10 better than the other schemes presented.

In addition to the renovation of the Courthouse to include Emergency Services, the Sheriff’s Dispatch, Probation, and the Sheriff’s Office on the First Floor; the General District Court Clerk’s Office, the General District Court, J&DR Court, J&DR Court Clerk, Court Services, the Circuit Court Clerk, and the Circuit Court on the Second Floor; and the Commonwealth Attorney’s Office on the Third Floor, Scheme 10 would include the Nelson County Administration Building (where the existing Health Department is located) with a total building area of 34,200 square feet. The first floor would house Social Service, the Health Department, a Board of Supervisors’ Meeting Room, and restroom facilities; the second floor would house Building Inspections, the Commissioner of Revenue’s Office, the Treasurer’s Office, Accounting, the Recreation Department, and restroom facilities; and the third floor would house the County Administrator’s Office, the Board of Supervisors’ Office, the Maintenance Office, E-911 Mapping, and School Administration, and restroom facilities. The cost for the project is estimated at $20,991,000 which includes removal of the Jefferson Building and demolishing the jail.

Concluding Mr. Vaughan’s presentation, the Board discussed setting a timeline for property owners to respond, and discussed developing a plan to relocate the dispatch center because of the relocation of the Jefferson Building and the project construction.

Agenda Item Number IV. Unfinished Business

A.   Technology Position

Mr. Carter provided a report on the Technology Position and a timeline for employment. Job descriptions for the Information Systems Specialist and for the current E-911 Coordinator (the proposed Senior Information Systems Specialist) were discussed. Mr. Carter stated that the positions will be under the supervision of the County Administrator or Human Resources.

Supervisor Brennan stated that currently the E-911 Coordinator reports to the County Administrator and why change it. Ms. Brennan recommended keeping the E-911 Position under the County Administrator.

Concluding discussion, the Board of Supervisors passed a Resolution approving the new position as follows:

Re: Approval of Job Descriptions for the Information Systems Specialist’s Position and the Senior Information Systems Specialist’s Position

On a motion by Ms. Brennan, seconded by Mr. Harris, with Ms. Brennan voting yes, Mr. Harris voting yes and 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 Job Descriptions for the Information Systems Specialist’s Position and the Senior Information Systems Specialist’s Position and in Number 1 include “developing and” after “Assists.”

Agenda Item Number V. New Business

A.   Rockfish Community Center: Lease Agreement

County Attorney Payne presented a revised lease for the Rockfish Community Center with a five year renewal provision. Changes are included as follows:

Maintenance, Upkeep and Utilities: All responsibility for repairs and utilities is the Lessee’s;

Sales Procedure: The term of the agreement that would be part of a deed of conveyance to Lessee, sub-paragraph 4, has been changed from fifty years to twenty-one;

Insurance: The Lessee is required to carry liability insurance; and

Indemnity: Mr. Payne stated that subsequent research leads him to conclude that the county cannot agree to indemnify anyone. Therefore, the provision to that effect has been deleted.

Authority: A provision, a new Paragraph 21, has been added reflecting the Board’s approval of the lease and directive for the County Administrator to sign on behalf of the County.

Under 13, Certain Environmental Liabilities, Supervisor Bruguiere questioned if the County would be responsible for the fuel tanks.

Mr. Payne stated that the County will probably have liability as an owner.

Supervisor Harris questioned if it is the County or the Center not wanting to turn the property over to the County?

Supervisor Harvey stated that the Rockfish Center is a valuable piece of property and he thinks it is a good idea to extend the lease agreement. Mr. Harvey noted that the County is not leasing the driveway into the Center.

Supervisor Wood stated that it may be helpful to the Board if the Rockfish Valley Community Center provide a financial report before the Board’s approval of the extension.

Brian Koster, Board of Directors for the Rockfish Valley Community Center, stated that the Center is requesting an extension of the lease in order to sublease rooms at the Center.

Concluding discussion, the Board of Supervisors directed that a copy of the lease be forwarded to Mr. Koster for the Center’s review; authorized the County Attorney to prepare a lease extending the existing lease for two months; and requested the Center to provide a financial budget as follows:

Re: Authorization to the County Administrator to Extend the Lease Between the County of Nelson and the Rockfish Valley Community Center for Two Months

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 authorize the County Administrator to extend the lease between the County of Nelson and the Rockfish Valley Community Center for two months.

B.   Hurricane Katrina (Consider Disaster Assistance)

Mr. Carter presented a letter from Jim Campbell of VACO requesting localities to match a donation of $25,000 for hurricane relief as a result of Hurricane Katrina.

Additionally, Phil Payne and Judy Smythers made a presentation regarding local efforts to assist hurricane relief efforts as a result of Hurricane Katrina. Mr. Payne stated that he can not recommend the County contribute the $25,000 to the Mennonites who assisted the County rebuild Nelson County after Hurricane Camille in 1969, but he is not saying it is forbidden for the Board to fund the Mennonites.

Concluding Mr. Payne’s and Mrs. Smythers’ presentation, the Board of Supervisors stated they would like to make a donation to the Mennonites since they helped Nelson County during the 1969 Flood.

The Board passed a Resolution donating $25,000 to the Nelson County Katrina Fund and to notify VACO of the Board’s Resolution as follows:

Re: Approval to Fund the Nelson County Katrina Fund $25,000 for Support of the Mennonite Disaster Service as a Result of Hurricane Katrina

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve a contribution of $25,000 to the Nelson County Katrina Fund for support of the Mennonite Disaster Service in their efforts to assist victims of Hurricane Katrina in Louisiana and Mississippi; and

BE IT FURTHER RESOLVED, That this organization was instrumental in support provided to Nelson County after Hurricane Camille in 1969; and

BE IT FINALLY RESOLVED, That an amount of $25,000 is hereby appropriated as follows:

AMENDMENT OF FISCAL YEAR 2005-2006 BUDGET

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
$ 25,000.00   3-100-009999-0001   4-100-091030-5667

Additionally, Supervisor Harvey challenged the Board Members to give up their salary this month and make a match to the Nelson County Katrina Fund in the amount of $333.00.

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

A.   Board of Supervisors Committee Reports

Supervisor Brennan stated that the Thomas Jefferson Planning District Commission met at the new building and discussed the proposed Legislative Program and the Heritage Site; stated the Senior Advisory Committee conducted its second meeting and was well attended (JABA representatives stated that there are more elderly citizens in Nelson County than any other locality in the District); discussed the Nellysford Planning Committee scheduled for September 26, 2005; the Civic Education Project and noted that Erin Hughley-Commers will be marketing the program; and the Agriculture/Forestal District Meeting (the Committee voted to send three requests to the Planning Commission.

Supervisor Harris stated that he is disappointed that the second Convenience Center will not be operational before Spring, 2006.

B.   Appointments

Appointments were deferred until the October 11th Meeting.

C.   County Administrator’s Report

Mr. Carter presented the County Administrator’s Report for September as follows:

1. Budget

The close out of FY 04-05, per analysis by the Finance and HR department (D. McCann), resulted in an estimated (subject to audit) balance of $177,000. This amount was not and has not been included in the FY 05-06 budget but is available, adjusted (i.e. reduced) by the $25,000 recently allocated to the Nellysford Master Plan Project, should the Board be so inclined. With respect to FY 05-06, budget information for the first two full months of the fiscal year does not indicate any negative trends other than the probable need to adjust expenditure outlays for energy related expenses. With regard to this comment, staff has received a letter from Dr. Roger Collins, Division Superintendent, of Nelson County Public Schools, denoting therein that the school division’s energy costs combined with an enrollment that is less than was projected will result in a negative impact of “several hundred thousand dollars” (a specific amount was not specified in the correspondence). Dr. Collins communication further advised that the school division is reviewing expenditures and making adjustments where possible. A specific funding request was not included with the letter, which staff will copy to the Board for review.

Additionally, County staff has been advised of the need to proceed and complete expenditure of the $286,255.34 presently on account with the State Non Arbitrage Program. These funds are a result of the recent completion by the Virginia Public Schools Authority of the refinancing of several prior bond issues, some of which included Nelson County’s participation and, thereby, yielded the above funding. Per VPSA, to avoid arbitrage the monies should be expended by 2-15-06. It is staff’s recommendation that the proceeds from the VPSA refinancing be committed to school division projects currently in process and that the expenditure of other local funding allocated to the school division for capital improvements (i.e. up to, as applicable, the $286,255.34) be held in reserve to insure the expenditure of the VPSA funds. It is important to note, however, that the $286,255.34 represents funding allocated to the County and therefore is the subject of the Board’s discretion as to how such funds are to be utilized for school capital improvements.

2. Technology

A request for proposals has been issued by County staff for completion work associated with the initial establishment of a local Geographic Information System (GIS). The RFP includes assistance with establishing in addition to a GIS based mapping program a web based GIS interface that will be accessible to the public. Responses to the RFP by external vendors are due on 9-26-05 with selection of a project consultant and contract execution anticipated by 11-18-05.

3. Albemarle Charlottesville Regional Jail Authority

The regional jail authority completed FY 04-05 with an estimated budget balance (i.e. surplus) of $265,000 (subject to audit). This is attributable to declines in prisoner populations albeit, in contrast to Albemarle County and the City of Charlottesville, Nelson County’s inmate population has continued to incrementally increase (in the fiscal year ended it was 31 per day versus 27 in FY 03-04 and lower than that in previous years) to the extent that the County’s monetary contribution (operational costs) exceeded budget estimates (provided by ACRJ staff) by $101,000 ($241,041 budget versus $342,030 remitted). Additionally, on 9-8-05 the Authority board voted to allocate funding to complete a geotechnical evaluation of the balance of property it owns at the facility for the purposed of planning for the expansion of the regional jail. Related to this the Board also provided funding to complete the community based corrections plan that is a requisite condition of receipt of state funding for an expansion of the jail. A timetable for completion of all steps associated with an expansion project was provided by jail staff with construction completion date of 2010. This is, however, predicated on the accomplishment of many intermediate steps that may or may not result in the project being implemented on this short term track. At today’s average daily population percentage of 6.83%, Nelson County share of a 300 bed facility at a construction expense of $50 - $60 million (guesstimated, as a cost estimate has not been established due to the preliminary phase of this work, although the jail administrator used 300 beds as a basis) would result in a principal cost to Nelson County of $3,415,000 to $4, 098, 000 (this does not include interest expenses). It is, as noted, difficult to predict when specifically this project may be formally advanced to a construction design and completion phase. Regardless, that the project’s initial responsibilities have been authorized is a strong indication that it will be approved and that the County should so prepare.

4. Personnel

Staff has proceeded with advertising position vacancies resulting from resignations in the Animal Control and Building Inspections departments. Interviews have been conducted with three prospective applicants for each position (i.e. three each). It is anticipated that the Animal Control Officer’s vacancy may be filled within in the ensuing two weeks. However, staff is not able to project when the Building Official’s vacancy will be filled. Interim measures were implemented to assist with maintaining responsibilities associated with animal control operations since the position became vacant in early August. As to the vacancy in the Building Official’s position, which will occur on 9-15, staff has been and is contacting individuals with building inspection certifications, who have retired from other jurisdictions, to solicit their interest in working in a part-time, contractual capacity, until a new building official is employed. This effort includes placement in the Nelson County Times on 9-8-05 of an advertisement to solicit part-time inspection personnel. In the interim, the County’s Maintenance Supervisor will work full time in the inspections department and the assistant building official will be responsible for plan review and administrative duties.
September 13, 2005

With regard to other personnel items, the Emergency Services Coordinator has recently (9-5-05) returned to his duties following foot surgery and one of the Maintenance Department staff is also off work due to surgery with an expected return the week of 9-19. Additionally, an advertisement is being placed in the Nelson County Times to solicit a part time Solid Waste Operator to assist with staffing the County’s Solid Waste Transfer Station. This is an interim measure to insure adequate staffing (i.e. two personnel on duty) at the transfer station for both operational and safety needs. To date, the Maintenance Department has provided staff to insure the required level of staff. The source of funding for the part time position, once successfully recruited, will be monies budgeted for convenience center employees, as this funding is projected to be adequate to support the part time operator’s position through the end of the current fiscal year.

5. Gladstone Community Center

An inspection of the membrane roofing system at the Gladstone Community Center was recently completed by W.A. Lynch Roofing Co. of Lynchburg, VA (Mr. Craig McCarty, Vice-President, who managed the Courthouse roof replacement project). The inspection report from W.A. Lynch stated that the roof is in poor condition. “It is tearing and pulling loose around the perimeter edges due to shrinkage of the membrane”. The report states that “just to do enough repairs to stop the leakage would be costly”.   The roofing contractor also reviewed the warranty provided by the manufacturer of the existing roofing membrane system (although the authenticity of this warranty is uncertain) and noted that “even if the warranty is in effect” that it is a ten year prorated materials warranty, which cover the EPDM membrane only, and, as eight years have elapsed, that in a best case scenario the manufacturer may provide $2,000 towards repair costs. As to repair and replacement cost estimates, W.A. Lynch provided a cost estimate of $24,900 to repair the existing roofing system (with no guarantee) and a price of $65,383 to replace the current roof with EPDM system manufactured by Carlisle, inclusive of a 15 year total systems roof warranty.

6. Courthouse/Government Center Project

A presentation is scheduled for the 9-13-05 Board meeting at which time staff from Wiley and Wilson and the County will report on the status of the project and recent planning.

7. Paid Emergency Medical Services Project

A proposal was received on September 8, 2005 from Wintergreen Rescue Squad to provide via contract with Nelson County for the establishment of County wide paid emergency medical services. The proposal has been distributed to County staff and the County Attorney for review and subsequent discussion.

It is anticipated that a report and recommendation(s) on this matter, possibly including a draft agreement prepared by the County Attorney, will be submitted to the Board of Supervisors by not later than the October 2005 board meeting.

8. Roseland Rescue Squad – Request for Funding

Staff is continuing to research information pertinent to Roseland Rescue Squad’s request for funding from Nelson County to provide for the purchase of a CPF-15 Oxygen Generation System. To date, inquiries have been submitted to the state Office of Emergency Medical Services, the regional Thomas Jefferson Emergency Medical Services office, which Nelson County is a member jurisdiction, to the regional Blue Ridge EMS entity, that serves 53 agencies in the state EMS region south of Nelson County and to other regional EMS organizations. To date BR EMS has responded and advised that none of its 53 agencies have a system of this type or any type that refills O2 tanks. While noting that it is a sensible plan, VA EMS expressed concern with 1) the purity of the refill, noting that some of these systems refill at 92% which is not medically acceptable, 2) the safety of the equipment, including how it is to be housed and maintained and, 3) the need for trained providers to operate the system and insure the safety of nearby properties. While no specific response has been received from TJ EMS (as noted herein) it is staff’s understanding that no agencies within TJ EMS operate an O2 Generation System (this is, however, pending confirmation). Pending receipt of additional information from OEMS and/or other regional EMS entities, staff recommends that this request not be formally considered.

9. Solid Waste

Work is continuing on locating and purchasing property in the Route 56 east, Route 151 south and Route 6 east corridors for the construction of three convenience centers that will be based on the Rockfish Convenience Center located adjacent to the Rockfish Valley Community Center. A meeting is scheduled on 9-15 with the owners of property located on Route 56 east adjacent to the VDOT operations center. This is the second discussion with the owners of this property. Two sites have been identified in the Route 151 south corridor but input from the Board’s representatives is required. No sites are currently being assessed in the Route 6 east corridor as the owners of the properties preliminarily identified have indicated that they do not wish to consider selling land to the County. Staff in conjunction with Saunders Surveys and Wiley and Wilson will continue the effort to acquire property, which is a very difficult (if not the most) component of the overall property. Construction scheduling is still anticipated to be spring 2006 with the overall project to include improvements to the local transfer station.

The County’s participation in the Region 2000 Solid Waste Project continues. Discussions are ongoing and the project consultant, R. W. Beck, is proceeding with completion of a final report and recommendation(s) for implementation of a regional program. The consultant’s report is anticipated to be received in October 2005 with subsequent plans to present the report to each participating jurisdiction, inclusive of a request for commitment to the initiative, which is anticipated to require additional time.

Staff is proceeding with continuation of the current agreement with Waste Management for provision of overall solid waste services to the County. Notice will be forwarded to WM’s offices by not later than 9-16-05. The renewal will encompass a one year extension and represents year three of a five year annually renewable agreement. Related to this subject, staff will be forwarding to the Board a report received on 9-12 from Waste Management’s operations manager (Harrisonburg office) denoting therein the continued status of random and repeated over dumping at the various un-staffed convenience centers currently operated by the County and served by WM. The report notes particular concern with the convenience centers located in Schuyler, Faber, Arrington, Shipman and Gladstone. The report further comments 1) that most of the recycling equipment at the various convenience centers often contains solid waste, 2) appliances and furniture, etc. are routinely being dumped at most locations, 3) the Wintergreen centers continue to receive significant construction materials and, 4) the recycling equipment located at each of the County schools continues to be rarely used with some exception for NSHS.

10. Lovingston, Nellysford and Schuyler Projects (Master Plans and Historic Resources)

The Board of Directors of the state Department of Historic Resources will consider on 9-14-05 in Lynchburg formally establishing the proposed Lovingston Historic District on the state register of historic places and nominating the district for placement on the federal register of historic places.

The Lovingston Revitalization Project continues with the transportation plan and marketing study completed, the blight removal and housing improvement reviews nearly completed and the overall revitalization plan slated for completion in late October to early November 2005 at which time it will be presented to the Board for review and endorsement consideration. County staff and consultants, including TJPDC, are also researching grant funding sources and other means of providing funding for implementing recommended first phases of the overall project, which is both a short and long term revitalization initiative.

The Nellysford Master Plan Project has also been initiated.   A planning meeting was held with project stakeholders on 8-12 at Wintergreen Real Estate and a facilitators training session was also conducted on 9-8 at the Rockfish River Elementary School. The project is being administered by TJPDC in consultation and coordination with County staff. Attendance at the first two meetings was excellent and there is seeming great interest in the project in the Nellysford community, including WPI, WPOA, NAMA, HCA, etc.

The Schuyler Historic District Project has been approved by the Department of Historic Resource and Arcadia Preservation LLC (the firm that completed the research and report for the Lovingston Historic District) has been selected by DHR to conduct the work necessary to complete the formal state and federal district nominations. It is anticipated that the project will be completed and ready for submission to DHR in the spring of 2006.

11. Piney River 3 Project

Pending additional input from Draper Aden Associates, the project’s field survey work is either completed or nearing completion. DAA staff indicated in a meeting on 8-16-05 that the project would be ready for bid in 12-05 with an anticipated bid opening date of 1-15-06, project award by 2-15-06 and construction start up by 5-1-06. DAA is also working with the participating state and federal agencies, that have committed funding for the project, to close on these sources of funding (i.e. USDA-RD and State and Tribal Assistance Grant and SERCAP funds, which involve Rural Development, VA DEQ and Health Department, US-EPA and SERCAP staffs). Of the total project budget of $5,333,068, the County’s current direct cost is estimated at $294,258. Of this amount an approximate $100,000 is currently budgeted. With a projected shortfall in total funding of $13,810, the County will have to provide an additional $200,000 in direct local funding.   As a means to potentially address this funding requirement, staff is continuing to work with DAA and staff of the state Department of Housing and Community Development with regard to another application for CDBG funding, which would be submitted most likely in 12-05 of 1-06. This is, however, a very tentative subject, which staff is not overly confident will be successful.

Additionally, in follow up efforts completed to date on the survey of properties anticipated to be served by the PR 3 project, the County has received a total of 110 responses from 140 properties surveyed. Ninety-one (82.7% of respondents) responded that they wanted both water and sewer services, eight respondents (7.3%) indicated that they wanted only water (3) or sewer (5) services, another eight (7.3%) replied that they did not want any services and three respondents (2.7%) did not indicate any option, stating that they wanted additionally information. The balance (30) of non responses represents 21% of the total project area.

As further input from DAA and additional time necessary to enable staff to provide additional detail on the overall feasibility of the project to sustain itself, based on the respondent input received to date, both operationally and for debt service purposes, it is recommended that DAA present a summary report and evaluation of the project to the Board either at a continued meeting in September 05 or at the regular session in October 05.

12. Blue Ridge Tunnel, Blue Ridge Trail, and Del Fosse Trail Projects

Work continues on the overall development of the Blue Ridge Tunnel project. The project consultant, the Whitesell Group, has recently advised that the structural analysis of the tunnel is nearing completion and a formal report forthcoming. Meetings, which staff participated in, have been conducted with property owners on the east and west sides of the tunnel (i.e. Nelson and Augusta counties). These meetings have been very productive and the county has initiated property appraisals associated with these discussions and the need to acquire land on either side of the tunnel for overall establishment of the trail. CSX, Inc.’s cooperation is still in place and the Whitesell Group is working on overall design of the trail. A future meeting of interested parties (i.e. state, federal, local) is anticipated by not later than year end.

Further work on the Blue Ridge Trail Project is pending implementation as Amherst County is proceeding with accepting conveyance of the trail property within that jurisdiction from the current owners. Once Amherst accepts the trail property then Nelson staff will obtain the necessary right of way permits from VDOT and resume work on further implementation of the overall construction project of which 2 of 7 miles has currently been completed.

On the Del Fosse Trail project, Parks and Recreation department staff is finalizing a draft agreement for construction of the trail. Following formalization and sign off on the construction contract work is anticipated to begin. A summer 06 completion date is projected.

13. Tye River Truck Stop Remediation

Nelson County and Nelson County Service Authority staff met with VA DEQ personnel on August 10, 05 to discuss assist the state with a remediation project associated with the Tye River Truck Stop. As proposed by NCSA , DEQ would provide funding for the installation of a new 50,000 gallon water tank and all necessary piping and appurtenances, etc. to enable the truck stop to be served by the water system previously constructed to serve what is now the Nelson Heritage Center (former Nelson Middle School). While negotiations between the County and NCSA were slow in advancing, the meeting on 8-10 resulted in NCSA providing DEQ a revised $700,000 project cost estimate in substitution for the $400,000 cost estimate the Authority initially provided to DEQ.
September 13, 2005

As a result of this new information, DEQ staff indicated that it was very unlikely that the $700,000 would be approved and provided. The meeting then concluded with discussion of follow up by DEQ and NCSA on the additional and/or other sources of funding with which to implement the project. It is noted, however, that DEQ does have a remediation program in place at this time but it is not the Department’s preferred long term solution that can be

14. Nelson County Bicentennial

Staff is preparing for the initial meeting of the steering committed appointed by the Board of Supervisors to assist with planning, organizing and conducting year long activities associated with the 200th anniversary of the establishment of Nelson County. The inaugural meeting of the steering committee is planned for a date to be established in October 05. Committee activities and recommendations will be subsequently reported to the Board as this important project is brought to fruition.

Summary: The report is intended to provide the Board with a status of on going project and related activities. It is not, however, all inclusive or totally indicative of the overall scope of work in process or planning.

D.   Board Directives

Supervisor Harvey requested a Resolution of Appreciation be presented to the former Building Inspector, Michael D. Redifer, for his tenure with the County.

Concluding discussion, 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:

Re: Directive to County Administrator to Prepare Resolution of Appreciation to Michael D. Redifer, Former Building Inspector

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby direct the County Administrator to prepare a Resolution of Appreciation to be presented to Michael D. Redifer, Former Building Inspector, for his tenure with the County.

Additionally, Mr. Harvey discussed a letter from Tammy Zirkle of the Rockfish Valley Ruritans requesting assistance with mowing areas at the Ruritan Park.

The Board directed that Mr. Carter to work with Ms. Zirkle regarding the mowing request.

Supervisor Harris discussed scheduling discussion of an amendment to the Dog Ordinance (Mr. Wood stated that he recommended the item be removed from the Agenda for several months); reported that a tour of the proposed Shipman Convenience Center is scheduled for Monday morning; discussed the procedures for issuing permits to hunt clubs and recommended issuing the permits annually (Mr. Boger stated that County Attorney Payne has ruled that the permits can not be issued annually. The Board discussed including the issuance of permits for hunt clubs annually in the new Zoning Ordinance.)

Supervisor Brennan recommended adopting a Resolution to reduce the speed limit from 60 mph back to 55 mph on Route 29; constructing a “Reuse Shed” at the Rockfish Convenience Center (Susan McSwain, Recycling Coordinator, was directed to look at other localities to see what they are doing); repairs to the Faber Post Office Road (Mr. Carter noted that the repairs can not be done as a Rural Addition); Personal Property Tax Relief Act Refund (Mr. Carter stated that Debbie McCann and Erma Harris attended a meeting regarding the Relief Act and he will provide a report at the October Meeting); discussed the Ryan School Apartment Complex (Mr. Carter reported that the Project is approximately sixty percent complete. The Board requested to tour the facility at the October 11th Meeting at 5:00 p.m.); and discussed NACO’s Prescription Drug Program (Mr. Carter stated that he will review the Program and report back at the October 11th Meeting.)

E.   Correspondences

(1)   Car Tax Reimbursements

Mr. Carter presented a letter from the Loudoun County Board of Supervisors requesting Governor Warner to put $230 million in the State budget to correct the State shortfall for the car tax reimbursements.

The Board of Supervisors took no action.

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 Afternoon Session at 6:15 p.m. and reconvened the Evening Session at 7:30 p.m.

Prior to the start of the Evening Session, Supervisor Wood announced that Supervisor Bruguiere will not be available for the Evening Session.

Agenda Item Number IX. Consideration of Rezoning Request

Fred Boger, Planning Director, stated that Curtis Bruguiere is requesting rezoning of 1.88 acres from R-1 to B-1 (Conditional) to allow a real estate office to be located in a portion of Anderson’s Store located at 1897 and 1889 Avon Road. At the August 9, 2005 Meeting, it was noted that the Planning Commission had previously denied the rezoning request because (1) it constitutes spot zoning; and (2) it is not in keeping with the Comprehensive Plan; and (3) it would have a detrimental impact on the neighborhood.

On August 9th, Supervisor Wood suggested an alternative would be for Mr. Bruguiere to withdraw this application and immediately reapply to rezone to A-1 with a Special Use Permit. The store would remain non-conforming.

On August 9th, Mr. Bruguiere stated he would consider withdrawing the application and reapplying for A-1 rezoning with a Special Use Permit, and he would send a letter to Mr. Boger confirming his decision.

Concluding Mr. Boger’s synopsis of the Rezoning request, Mr. Bruguiere stated that he would like to go with his original request.

Mr. Bruguiere showed a map of the area around Anderson’s Grocery Story and stated that property owned by A.G. Small was rezoned in the Spring and was not permitted in the Comprehensive Plan. Mr. Bruguiere quoted Mr. Boger stating “that the property was nonconforming and Mr. Small was trying to bring the property into compliance” and noted that is what he is trying to do.

Mr. Bruguiere discussed spot zoning and noted that Mr. Small’s request is “certainly” spot zoning.

In reference to the negative impact on the area, Mr. Bruguiere stated that there is conditional rezoning across the road from his business and noted that in his opinion, his request will not be a problem for the community.

Additionally, Mr. Bruguiere expressed concern regarding junk cars in the neighborhood and stated that Al’s Garage has approximately twenty cars. Mr. Bruguiere stated that he does not feel that his request is a problem for the community, but the junk cars are a problem to his property

Mr. Bruguiere referenced a statement made by Mr. Larkin at the Public Hearing in July stating that the Real Estate Office is not needed and noted that real estate sales have increased.

Mr. Bruguiere stated that he has limited what can be included on his property and Mr. Small was not limited.

Concluding comments from Mr. Bruguiere, Supervisor Harris stated that if it is Mr. Bruguiere’s desire to operate a real estate business, he does not understand why the other options presented at the last meeting were not acceptable and noted there seems to be a reason for wanting to rezone to B-1.

Mr. Bruguiere responded that Mr. Small could have done the same thing to allow any type of business on his property.

Mr. Boger stated that several requests in the area were denied and noted that the Comprehensive Plan should have been amended for both of them.

Supervisor Wood stated that he does not see the request as a fairness issue and noted that the Board was trying to find a way for Mr. Bruguiere to accomplish his requests.

Supervisor Brennan concurred with Mr. Wood and stated she does not feel it is a compatible fairness issue.

Concluding additional discussion, on a motion by Ms. Brennan, seconded by Mr. Harris, with Mr. Bruguiere absent, Mr. Harvey abstaining, and Mr. Wood voting yes, a Resolution was adopted to defer the request as follows:

Re: Deferral of Rezoning Request by Curtis Bruguiere to Rezone 1.88 Acres from R-1 to B-1

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby defer a rezoning request by Curtis Bruguiere to rezone 1.88 acres from R-1 to B-1 to allow a real estate office to be located in a portion of Anderson’s Store located at 1897 and 1880 Avon Road; and

BE IT FURTHER RESOLVED, That the Planning Director is directed to provide options to the Board of Supervisors at the September 27th Meeting on how to proceed with Mr. Bruguiere’s request.

Agenda Item Number X. Public Hearings:

A.   Final Subdivision Approval: Nelson County Habitat for Humanity

Mr. Boger stated that the Habitat for Humanity, has submitted a final subdivision plat for 5.70 acres to be divided into four (4) lots ranging in size from 1.248 to 1.464 acres. The property is located on St. James Church Road and identified as Tax Map Number 64-A, Parcel 164.

The Planning Commission recommended approval of the request on August 24, 2005.

Massie Saunders, representing the applicant, was present.

Supervisor Wood opened the Public Hearing. There being no comments from the audience, the Public Hearing was closed.

On a motion by Mr. Harris, seconded by Ms. Brennan, with Mr. Harris voting yes, Ms. Brennan voting yes, Mr. Bruguiere absent, Mr. Harvey voting yes, and Mr. Wood voting yes, the Board of Supervisors passed the following Resolution approving the request:

A RESOLUTION APPROVING THE FINAL SUBDIVISION PLAT FOR NELSON COUNTY HABITAT FOR HUMANITY

WHEREAS, Mr. P. Massie Saunders, Land Surveyor representing Nelson County Habitat for Humanity, has filed a final subdivision plat with the Nelson County Planning Department to divide 5.70 acres into 4 lots, said plat entitled “COMPOSITE PLAT SHOWING A SUBDIVISION OF PROPERTY OF NELSON COUNTY HABITAT FOR HUMANITY,” July 11, 2005; and

WHEREAS, a notice of public hearing for the review of the final plat by the Nelson County Planning Commission was published in the Nelson County Times on August 4 and August 11, 2005, and the Nelson County Board of Supervisors on September 13, 2005; and

WHEREAS, on August 24, 2005, the Nelson County Planning Commission held the required public hearing on said final plat; and

WHEREAS, the Director of Planning has informed the Planning Commission that each lot will be served by public sewer from the Henderson’s Store/Piney River Sewerage system and individual wells; and

WHEREAS, following the Public Hearing, the Planning Commission voted to recommend to the Nelson County Board of Supervisors that the final subdivision plat for Nelson County Habitat for Humanity dated July 11, 2005 be approved; and

WHEREAS, on September 13, 2005 the Nelson County Board of Supervisors held a public hearing on the final subdivision to solicit comments from the applicant and public;

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY BOARD OF SUPERVISORS as follows:

1.   Approves the final subdivision plat, dated July 11, 2005, entitled “COMPOSITE PLAT SHOWING A SUBDIVISION OF PROPERTY OF NELSON COUNTY HABITAT FOR HUMANITY” and staff is authorized to sign the final plat.

B.   Special Use Permit #2005-003: Wintergreen Partners, Inc.

Fred Boger, Planning Director, stated that Wintergreen Partners, Inc., is requesting an amendment to the Wintergreen Master Plan by Special Permit, transferring sixty (60) of the development units from the Mountain Single-Family category to the Wilderness Single-Family category for the development of 142 platted lots. The property is identified as a plat showing Crawford’s Knob Parcel, 1,422.888 acres, from Wintergreen Development, Inc., to Wintergreen Partners, Inc., Wintergreen, Nelson County, Virginia, dated August 9, 1984, recorded August 31, 1984 with the Clerk of Nelson County Circuit Court and found in Plat Book 15, Page 25. The property is part of the property identified as Tax Map 11-A, Parcel 2.

Additionally, Mr. Boger acknowledged a letter from Russell Otis, Wintergreen Proeprty Owners Association, endorsing the request.

The Planning Commission voted to recommend approval of the amendment and special permit.

Brent Douglass, Director of Development, Wintergreen Partners, Inc., read a letter regarding the request and noted that two important points should be emphasized regarding the request as follows:

(1)   “The action we are requesting by Nelson County is not a signal that development of a subdivision within Crawford’s Knob is a fait accompli. We continue to be in dialogue with the Virginia Outdoors Foundation and The Wintergreen Nature Foundation to investigate mutually acceptable terms for the granting of a conservation easement.”
(2)   “We are requesting that developments units be transferred within the Master Plan, not added to it. Under either of the land use options, the density within the remaining areas of Wintergreen is reduced.”

Concluding comments from Mr. Douglass, Supervisor Wood opened the Public Hearing. There being no comments from the audience, the Public Hearing was closed.

Supervisor Brennan stated that from the Planning Commission’s report, a lot of people are in support of the request.

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

AN ORDINANCE AMENDING THE WINTERGREEN MASTER PLAN AND SPECIAL PERMIT
TRANSFERRING 60 DEVELOPMENT UNITS

WHEREAS, Mr. C. Brent Douglass, representing Wintergreen Partners, Inc., has filed a request to amend the Wintergreen Master Plan with a Special Permit to transfer 60 of the development units from the Mountain-Single Family category to the Wilderness-Single Family category for the possible development of 142 platted lots; and

WHEREAS, Mr. Douglass has submitted the required schematic plan, entitled Crawford’s Knob Subdivision, dated February 23, 2005 as part of this request; and

WHEREAS, in accordance with Section 15.2 of the Code of Virginia, 1950, as amended, and pursuant to Section 15.2-2204, Section 15.2-2285 and Section 15.2-2310, a notice of Public Hearing for the review of the proposed amendment to the Wintergreen Master Plan and Special Permit was published in the Nelson County Times on August 4 and August 11, 2005; and

WHEREAS, on August 24, 2005, the Nelson County Planning Commission held the required public hearing on said amendment and special permit; and

WHEREAS, the Director of Planning presented to the Commission the staff report, including a checklist showing compliance with the submittal requirements for a preliminary plat and items that are required for the final plat submission; and

WHEREAS, the Commission has considered the Planning Director’s report, comments from the public in attendance at the public hearing and the developer, and voted to recommend approval of the ordinance to amend the Wintergreen Master Plan and the Special permit transferring 60 of the development units from the Mountain Single-Family category to the Wilderness Single-Family category for the development of 142 platted lots according to the schematic plan entitled “Crawford’s Knob Subdivision”, dated February 23, 2005 with the Attachment A, entitled “Wintergreen Master Plan Amendment and Special Permit to Transfer 60 Development units,” dated August 17, 2005 prepared by the Nelson County Planning Director, attached hereto and incorporated by reference herein, subject to all of the conditions and requirements set forth and attachments thereto; and

WHEREAS, on September 13, 2005, the Nelson County Board of Supervisors held a public hearing on the proposed amendment and special permit to solicit comments from the applicant and public;

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY BOARD OF SUPERVISORS as follows:

1.   Adopts this ordinance to amend the Wintergreen Master Plan and the Special permit transferring 60 of the development units from the Mountain Single-Family category to the Wilderness Single-Family category for the possible development of 142 platted lots according to the schematic plan entitled “Crawford’s Knob Subdivision”, dated February 23, 2005.
2.   That Attachment A, entitled “ Wintergreen Master Plan Amendment and Special Permit to Transfer 60 Development Units,” dated September 6, 2005, prepared by the Nelson County Planning Director, attached hereto and incorporated by reference herein, subject to all the conditions and requirements set forth and attachments thereto.
3.   This ordinance shall become effective upon passage.

Agenda Item Number XI. Public Comments

Gordon Koerner commended the Board for appropriating $25,000 to the Katrina Relief Fund. Mr. Koerner stated that another group will be coming before the Board requesting a contribution and recommended the Board keep them in their hearts as well.

Agenda Item Number XII. Other Business

A request from the Habitat for Humanity to waive tipping fees for a project they are working on was discussed. The County Administrator was directed to handle the request administratively as with past requests.

Mr. Carter stated that he will write a letter to CSX to request assistance with repairing the roof at Gladstone.

Additionally, Mr. Carter reported that the School Board is not ready to commit to relocating the Veteran’s Memorial in front of the High School.

Agenda Item Number XIII. Adjournment

Re: Continuance of September 13, 2005 Meeting to September 20, 2005

On a motion by Ms. Brennan, seconded by Mr. Harvey, with Ms. Brennan voting yes, Mr. Harvey voting yes, Mr. Bruguiere absent, 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 continue the September 13, 2005 Meeting to September 20, 2005.

____________________________________________, Chair