Board of Supervisors: October 11, 2005

October 11, 2005

October 11, 2005

Virginia:

At a Regular Meeting of the Nelson County Board of Supervisors on October 11, 2005, 2:20 P.M., at the Courthouse in Lovingston, Virginia, thereof:

Present:   Gary E. Wood, Chair
       Harry S. Harris, Vice Chair
       Constance Brennan, Central District Supervisor
       Stephen A. Carter, County Administrator
       Fred M. Boger, Planning Director
       Virgie A. Carter, Deputy Clerk

Absent:   Thomas H. Bruguiere, Jr., West District Supervisor
       Thomas D. Harvey, North District Supervisor

Supervisor Wood announced that Supervisor Harvey will not be in attendance at the Meeting because of illness.

Supervisor Wood also announced that Supervisor Bruguiere will not be in attendance at the Afternoon Session, but will attend the Evening Session.

Additionally, Supervisor Wood announced Supervisor Harris will be late in attending the Afternoon Session.

Agenda Item Number 1. Call Meeting to Order

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

Agenda Item Number II. Resolution: Drought Disaster

Mr. Carter stated that a proposed Resolution Declaring Nelson County a Drought Disaster Area is provided for the Board’s consideration. Mr. Carter also acknowledged a letter from Extension Agent, Michael Lachance, urging the Board to adopt the Resolution so Nelson County agricultural producers can obtain drought-related aid when it becomes available.

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

RE: DECLARING NELSON COUNTY A DROUGHT DISASTER AREA

WHEREAS, Nelson County has received no measurable rainfall in the past sixty days; and

WHEREAS, The ramifications of dry weather on forages and the winter hardiness and subsequent productivity of the county’s fruit tree and vine industries cannot be determined at this time; and

WHEREAS, Drought conditions in Nelson may severely reduce farm income:

NOW, THEREFORE BE IT RESOLVED, By the Nelson County Board of Supervisors on this 11th day of October, 2005, that the Board hereby instructs the County Administrator to file with the Governor of Virginia to have Nelson County declared a drought disaster area.

Agenda Item Number III. Consent Agenda

A.   Minutes
B.   Refunds
C.   Budget Amendment
D.   Resolution: Route 29
E.   Jackets: Golf Team
F.   Proclamation: Domestic Violence Awareness Month

Supervisor Wood stated that he has talked with Supervisor Harvey and he is not in favor of the proposed Resolution regarding Route 29 as written. Item D was moved to Agenda Item V, Unfinished Business.

Supervisor Harris requested clarification of Item C, Budget Amendment regarding the Nellysford Master Plan.

The remaining items on the Consent Agenda were approved as follows:

Re: Approval of Consent Agenda

On a motion by Mr. Harris, seconded by Ms. Brennan, with Mr. Harris voting yes, Ms. Brennan voting yes, Mr. Bruguiere absent, Mr. Harvey absent, and Mr. Wood voting yes, a Resolution was adopted approving the Consent Agenda as follows:

A.   Minutes

Minutes of the September 27, September 13, August 29, August 15, August 9 (10:30 a.m. and 2:00 p.m.), August 3, July 12 (10:00 a.m. and 2:00 p.m.), July 6, June 30, June 21, June 16, and June 14, 2005 Board of Supervisors’ Meetings were approved as submitted.

B.   Refunds

Re: Approval of Refunds

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve refunds to Boxley Materials Company in the amount of $4,961.16.

C.   Budget Amendment

Re: Approval of 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:

AMENDMENT OF FISCAL YEAR 2005-2006 BUDGET

I.          Appropriation of Funds (General Fund)

Amount       Revenue Account       Expenditure Account
$    2,000.00   3-100-009999-0001   4-100-012130-5416
3,186.18   3-100-009999-0001   4-100-012130-5413
7,000.00   3-100-002306-0001   4-100-012180-3002
1,203.30   3-100-003303-0008   4-100-031020-7028
17,500.00   3-100-001901-0020   4-100-081050-3160
25,000.00   3-100-009999-0001   4-100-081050-3160
2,322.00   3-100-002404-0007   4-100-082050-6008
$ 58,211.48

II.   Appropriation of Funds (Capital Fund)

Amount       Revenue Account       Expenditure Account
$286,255.00   3-110-004104-0010   4-110-094100-8260
2,730.00   3-110-001501-0005   4-110-094100-8260
$288,985.00

D.   Jackets: Golf Team

Re: Approval to Purchase Jackets for the Golf Team Winning the Dogwood District Championship and Advancing to the Region “B” Tournament

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve the purchase of jackets for the Golf Team winning the Dogwood District Championship and advancing to the Region “B” Tournament in the amount of $450.00

E.   Proclamation: Domestic Violence Awareness Month
Re: Domestic Violence Awareness Month

WHEREAS, Violence against women, children, and men continues to become more prevalent as a social problem in our society; and

WHEREAS, In 2004 in the Commonwealth of Virginia, domestic violence programs offered 150,447 safe nights of shelter to women, children and men; 24-hour intervention and referrals in response to 80,090 hotline calls; and 61,737 hours of counseling and advocacy to families; and

WHEREAS, In 2004, the Shelter for Help in Emergency offered 4,398 safe nights of shelter to women, children and men; 24-hour intervention and referrals in response to 1,037 hotline calls; and 1,005 hours of counseling and advocacy to families; and
WHEREAS, The problems of domestic vi
olence are not confined to any group or groups of people but cross all economic, racial and societal barriers, and are supported by societal indifference; and

WHEREAS, The crime of domestic violence violates an individual’s privacy, dignity, security, and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse, with the impact of this crime being wide-ranging; and

WHEREAS, In our quest to impose sanctions on those who break the law by perpetrating violence, we must also meet the needs of victims of domestic violence who often suffer grave physical, psychological and financial losses; and

WHEREAS, It is victims of domestic violence themselves who have been in the forefront of efforts to bring peace and equality to the home; and
WHEREAS, The Shelter for Help in Emergency commemorates its 26th   anniversary of providing unparalleled services to women, children and men who have been victimized by domestic violence;

NOW THEREFORE, BE IT PROCLAIMED, In recognition of the important work being done by the Shelter for Help in Emergency, the Nelson County Board of Supervisors does hereby proclaim the month of October 2005 as DOMESTIC VIOLENCE AWARENESS MONTH and urge all citizens to actively participate in the scheduled activities and programs sponsored by the Shelter for Help in Emergency, and to work toward the elimination of personal and institutional violence against women, children, and men.

Agenda Item Number IV. Public Comments and Presentations

A.   Public Comments

Chapin Wilson stated that he does not feel that the proposed Stop Light at the Food Lion Intersection will fix the safety problem and recommended upgrading Route 29. Mr. Wilson stated that the County can not wait for an interchange, that the area is a disaster that has already happen and a disaster waiting to happen.

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

Kevin Wright, Assistant Resident Engineer, Virginia Department of Transportation, presented an update on highway matters as follows:
•   Design on the Stoplight for the Route 29/29 Business/Callohill Drive Intersection. Funding will not be available until FY 07.
•   In conjunction with the enhancement application for Lovingston Improvements, VDOT has recommended the following budget items be established during the upcoming six-year plan workshop:
(1)   Regrade/Improve Court Street/Main Street Intersection - $75,000
(2)   Add bulbouts to Court, Main and Front Streets - $75,000
(3)   Add sidewalk adjacent to Courthouse steps - $5,000
(4)   Regrade Main Street at Front Street - $50,000
•   The above amounts are estimates only and the locations have not been scoped to develop possible improvements and better estimates.
•   The projects should be able to be accomplished without any impact to any projects currently in the six-year plan, using excess funds from previously completed projects.
•   The proposed budget items may be used for matching fund for the enhancement grant, as well as tying the proposed enhancement project to planned VDOT projects, including the stoplight.

Concluding Mr. Wright’s report, the Board of Supervisors offered comments as follows:

Supervisor Harris stated that work is proceeding on the Route 655 Bridge Project in Arrington.

Supervisor Brennan thanked Mr. Wright for providing copies of the Booklet on “Speed Limits” and asked if other funds could be used to install the Spot Light since funding will not be available until FY 07 (Mr. Wright will check on the inquiry and report back to the Board).

Additionally, Mr. Wright requested the Board of Supervisors to schedule a date for a work session on the Six Year Plan. The Board deferred scheduling a date until all Board Members are present.

The Board of Supervisors deferred the proposed request for Abandonment of Old Route 655 until the November Meeting.

C.   JAUNT, INC.

Donna Shaunesey, Executive Director, JAUNT, Inc., provided an annual report on JAUNT services in Nelson County as follows:

•   Piney River Route                 3,246
•   Lovingston Route                   2,750
•   Wintergreen Routes                   3,252
•   Intracounty Services                   4,794
•   Midday to Charlottesville            1,174
•   Midday to Lynchburg                60
•   Agency Service                        13
•   Welfare-to-Work                        383

Total                                        15,672

•   Adults                            57%
•   Seniors                            43%
•   People with Disabilities (all ages)     52%

Ms. Shaunesey stated that ridership on the Monday, Wednesday, Friday midday route to Charlottesville increased forty-six percent this year; usage of the intra county service increased twenty-six percent for the second year in a row, primarily taking seniors to the Nelson Center.

Additionally, Ms. Shaunesey stated that ridership on the two employment runs to Charlottesville decreased by fourteen percent; and Wintergreen service continues to be successful, with a twenty percent increase in ridership this year.

Ms. Shaunesey stated that Peggy Whitehead will be sorely missed from representing Nelson County on the JAUNT Board of Directors. Ms. Whitehead is not seeking reappointment.

Ms. Brennan asked if anyone is using JAUNT services for the Work Force Investment Program. Ms. Shaunesey responded no.

Concluding comments, the Board thanked Ms. Shaunesey for the services provided to Nelson County.

Agenda Item Number V. Unfinished Business

A.   Draft 2006 Legislative Program

Mr. Carter presented a draft copy of the proposed 2006 Thomas Jefferson Planning District Commission’s Legislative Program.

Mr. Carter noted that David Blount, Legislative Liaison, will be present at the November Meeting to request approval of the Program.

The Board of Supervisors tabled establishing priorities until the October 27th Continued Meeting.

B.   Courthouse Project

Mr. Carter provided information on possibly locating the County Administration Office on the Larkin property. Mr. Carter stated that there are two parcels on the West side of Route 29 North of the High School/Middle School Complex consisting of approximately one hundred and sixty acres and approximately seven hundred acres diagonally across from the complex on the East side of Route 29.

In addition, Mr. Carter discussed the County potentially using the property for a mixed use development to encourage business in the County.

Mr. Carter reported that the property owner to the East of the Courthouse has indicated a willingness to work with the County. The property owner to the North has indicated they are not interested in selling any property.

Supervisor Brennan expressed concern in removing the Administration Offices and the impact it would have on Lovingston and the Revitalization Program. Ms. Brennan stated she is opposed to taking away offices from the Town.

Supervisor Harris stated that if the Administration Offices are relocated, the County would not have to move the jail and other buildings. Mr. Harris noted that the only downside would be to remove the Administration Offices from the Courthouse. Mr. Harris stated that he would support looking at either side of Route 29 for other facilities, and noted that the proposed property would be a good location for a huge water impoundment site.

Supervisor Wood also expressed concern about moving the Administration Offices when the County is working on revitalizing Lovingston. Mr. Wood stated that he is not opposed to looking at the Larkin property and tie into other funding sources.

The Board deferred discussion until October 27th in order to get input from Messrs. Harvey and Bruguiere.

C.   Oxygen Generation System: Staff Report

Mr. Carter provided a report from Staff regarding the Oxygen Generation System. The Office of Emergency Services, The Board of Pharmacy, and all regional EMS Councils were contacted concerning the use of the CFP-15 Oxygen Generation System or a system similar to this. OEMS responded that they did not regulate this and were not aware of any agency using a system of this kind. The Board of Pharmacy responded that a Restricted Manufacturer Permit would be required, inspections done, and the FDA guidelines for good manufacturing practices apply. Out of the eleven regional EMS Councils, eight responded that they are not aware of any agency in their areas using this type of system.

Concerns of the purity of the refill as some of these systems only refill at ninety-two percent which is not medically accepted, the safety of the equipment, how it is housed and maintained, the safety of nearby structures, the need for a trained provider to run the system, and regulatory issues were noted.

Concluding discussion, the Board of Supervisors discussed the matter and noted that there would be serious concerns if the System were approved.

No action was taken.

D.   Resolution: Route 29

The Board of Supervisors discussed the proposed Resolution requesting the speed limit be reduced back to 55 mph on Route 29.

Supervisor Wood stated that he has spoken with Supervisor Harvey and he indicated that he would have no problem if the speed limit was reduced back to 55 mph just around the Food Lion Intersection and maybe extend to the High School.

Supervisor Harris stated that he is not in favor of the increased speed limit in the Colleen Area.

Supervisor Brennan stated that she will not vote for the proposed Resolution and that she is not in favor of the increased speed limit.
October 11, 2005

Supervisor Wood stated that he doesn’t have a problem with the proposed Resolution.

Concluding additional discussion, the Board of Supervisors deferred approval of the Resolution until the November Meeting.

E.   High School Parking Lot

Supervisor Harris expressed concern that the front parking lot at the High School has not been completed.

Supervisor Wood stated that if funds are not available, the School Board needs to make a request for funding including priorities.

Supervisor Wood stated that he will contact Dr. Collins.

Agenda Item Number VI. New Business

A.   Oakland Museum/Historical Society: Request for Funding

Mr. Carter presented a letter from the Nelson County Historical Society and the Oakland Museum Board requesting the $50,000 approved in the Fiscal Year 2005-2006 County Budget be disbursed to the Society. The Society will apply the money to the loan for the purchase of the Oakland property, a location for the development of a museum and research center for Nelson County History.

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

Re: Approval of Appropriation of $50,000 to the Nelson County Historical Society

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve an appropriation of $50,000 (approved in the Fiscal Year 2005-2006 Budget) to the Nelson County Historical Society; and

BE IT FINALLY RESOLVED, That the Society will apply the funds to the loan for the purchase of the Oakland property.

B.   2005 Transportation Enhancement Program (Local Projects)

Mr. Carter stated that a public hearing has been scheduled on October 27, 2005 regarding projects for submission to the Virginia Department of Transportation Enhancement Program.

Mr. Carter gave an overview of the projects and stated that the Board of Supervisors will consider the submission of applications to VDOT for enhancement program funding of the following projects: Lovingston Revitalization, Oakland – The Nelson County Museum of History, Blue Ridge Tunnel Restoration, Blue Ridge Railway Trail, Oak Ridge Train Station and Amenities, and Owens Creek Aqueduct.

Concluding comments from Mr. Carter, Beth Goodwin, President of the Oakland Museum Board, requested the Board of Supervisors to support the grant application for rehabilitation of the historic Oakland Tavern and construction of a visitor orientation center on the grounds of the proposed museum. Ms. Goodwin stated that the building will house museum exhibits for Hurricane Camille and Rural Electrification, as well as an office for the Historical Society with public archives for local history. Ms. Goodwin stated that the Oakland Museum Board has hired Hill Studio to prepare a master development plan for the museum.

Additionally, Mary Zirkle of Hill Studio was present and presented a schematic drawing of the Project.

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

Re: Support of Grant Application for Oakland – The Nelson County Museum of History for TEA-21 (Now SAFETEA) Funding

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby support the Grant Application for Oakland – The Nelson County Museum of History for TEA-21 (Now SAFETEA) Funding for rehabilitation of the historic Oakland Tavern and construction of a visitor orientation center on the grounds of the proposed museum.

Supervisor Wood noted that the Resolution of Support is not a commitment, but an endorsement of the grant application for Oakland as is with all projects being submitted for funding.

C.   Emergency Services: Montebello VFD & Rescue Squad

Mr. Carter reported that the Montebello VFD & Rescue Squad has requested the Board of Supervisors to adopt a Resolution authorizing the Montebello Volunteer Fire & Rescue Squad to operate as a BLS (Basic Life Support) Ground Transport EMS Agency.

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

Re: MONTEBELLO VOLUNTEER FIRE & RESCUE SQUAD OPERATION AS A BLS (BASIC LIFE SUPPORT) GROUND TRANSPORT EMS AGENCY

WHEREAS, the Montebello VRS has met the requirements for BLS (Basic Life Support) Ground Transport and recertification has been obtained from the Virginia Department of Health, Office of Emergency Medical Services:

NOW, THEREFORE, BE IT RESOLVED by the Nelson County Board of Supervisors that said Board hereby authorizes the Montebello Volunteer Fire & Rescue Squad to operate as a BLS (Basic Life Support) Ground Transport EMS Agency.

D.   Personal Property Tax (Local Ordinance)

Mr. Carter provided background information on the proposed implementation of 2004-2005 Changes to the Personal Property Tax Relief Act of 1998. The Personal Property Tax Relief Act of 1998 established a statewide program to allow the Commonwealth of Virginia to provide relief for owners of personal use vehicles from personal property tax on those vehicles.

Mr. Carter stated that Legislation enactments provide for the appropriation to the County, commencing in 2006, a fixed sum to be used exclusively for the provision of tax relief to owners of qualifying personal use vehicles that are subject to the personal property tax on such vehicles, and provide the opportunity for the County to fashion a program of tax relief that serves the best interests of its citizenry.

Mr. Carter further stated that a Public Hearing is required on the proposed implementation of the 2004-2005 changes.

Concluding comments from Mr. Carter, Supervisor Brennan recommended that the Board of Supervisors not only advertise for a Public Hearing, but also let citizens know of the changes by other means.

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

Re: Authorization to Advertise for a Public Hearing on the Proposed Ordinance for Implementation of 2004-2005 Changes to the Personal Property Tax Relief Act of 1998

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby authorize a Public Hearing be advertised on a proposed Ordinance for implementation of 2004-2005 changes to the Personal Property Tax Relief Act of 1998; and

BE IT FURTHER RESOLVED, That a Public Hearing be scheduled for the November 8, 2005 Meeting, beginning at 7:30 p.m.

E.   Personnel: Building Inspector Position

Mr. Carter provided a proposed job description for the Building Inspector Position. The position will be a Grade 15 with a minimum salary of $28,183 and the maximum salary is $49,731. The purpose of the job is to perform residential and commercial site inspections and issue corrective orders in accordance with the Uniform Statewide Building Code (USBC) and the International Building Code for the County.

Supervisor Wood stated that with the ongoing construction projects, fees should offset funding of the new position.

Supervisor Wood stated that he has talked with Supervisor Harvey and he is supportive of the position.

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

Re: Approval of Job Description for a Building Inspector Position

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve the Job Description for a Building Inspector Position as submitted.

F.   Amendment of Fiscal Year 2005-2006 Budget

Mr. Carter reported that Amherst County Administrator, Bryan David, has submitted a bill for Nelson County’s share of the Regional Community Based Corrections Plan and Planning Study in the amount of $24,000. The bill was submitted after the initial budget amendment was included in the Board Packets.

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

RE: 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
$   24,000.00   3-100-009999-0001   4-100-091050-7010

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

A.   Board of Supervisors Committee Reports

Supervisor Brennan stated that at the last Thomas Jefferson Planning District Commission Meeting, discussed included the Work Force Plan; an Open House for the new Planning District Office is scheduled for October 27th; the Legislative Luncheon is scheduled for November 29th; adopted a Resolution in Support of the Blue Ridge Tunnel Project; and the Piney River Project.

Additionally, Ms. Brennan updated the Board on the Senior Advisory Committee Meeting, and stated that Constance Henderson will be leaving her position with the senior program; Sheriff Brantley attended the Meeting and discussed a device to record medical emergencies for $60; and a letter from the Committee to State Legislators requesting an increase in funding to the Home Fuel Assistance Program was discussed.

Supervisor Harris stated that work is continuing in locating a second Convenience/Recycling Center.

Supervisor Wood reported on the School Board/Board of Supervisors’ Breakfast Meeting.

B.   Appointments

The Board deferred appointments until all Board Members are present.

Supervisor Brennan stated that Sarah Jane Stewart has expressed an interest in the vacancy on the Thomas Jefferson Health Council.

C.   County Administrator’s Report

Mr. Carter presented the following County Administrator’s Report for October:

1. Budget
Through 9-30-05, year to date revenue and expenditure data are not indicative of any specific trend, positive or negative, in budgetary operations, which is expected at this point in the fiscal year.

2. Technology
Nine (9) statements of qualification(s) were received on 9-26-05 in response to the County’s request for proposals for provision of work necessary to establish a fully integrated geographic information system (GIS). Staff will work the week of 9-10 to establish a short list from the total number of respondent firm for the purpose of interviewing at minimum two firms albeit it is likely that two to four firms will be asked to meet with the County’s selection committee. Tentatively, interviews will be conducted on 10-21 with negotiations to proceed thereafter with the top ranked consultant firm. The interview team consists of S. Rorrer, J. Payne, D. McCann, F. Boger and S. Carter. The project is currently within the scheduled timeframe projected by staff.

3. Personnel
The vacant animal control officer position has been filled. Mr. Tony Valtkevicius, a resident of Shipman, began employment with the County on 10-3-05 and is working with department supervision and personnel to receive orientation and training on the position’s various duties and responsibilities. Scheduling of formal certification, which is accomplished through classroom training provided by the state, is pending.

Recruitment for the vacant building official’s position also remains in progress. It is possible that an additional 60 – 120 days may be required to fill the position. Subject to the Board’s approval on 10-11 of an additional inspection position within the department, staff also anticipates initiating recruitment of this position immediately.

4. Courthouse/Government Center Project
This subject is included for discussion on 10-11-05 during the Board’s regular monthly business meeting.

5. Paid EMS Project
Development of a formal contract agreement between Wintergreen Fire and Rescue and Nelson County is in process. It is staff’s objective to present this subject to the Board at the November 2005 regular business meeting.

6. Solid Waste
Work is continuing on site locations and acquisition for the construction of three new collection centers similar to the Rockfish Collection Site. The project consultant is working to complete the evaluation of the proposed Route 56 site, as the property owner’s architectural consultant has provided information to enable the site study to be finalized.   Site locations in the Route 151 south and Route 6 east corridors are still in the identification mode. The project’s construction scheduling is still anticipated to be spring 2006 with the overall project to include improvements to the local transfer station.

County staff will participate in a Region 2000 Solid Waste Project meeting on 10-18 in Lynchburg. The purpose of the meeting is to discuss implementing the project with the project consultant, R. W. Beck It is anticipated that R.W. Beck will submit complete its full report, including recommendations, this month, 10-05, with formal presentations to each participating locality’s governing body to be scheduled thereafter.

7. Lovingston, Nellysford and Schuyler Projects (Master Plans and Historic Resources)
The Board of Directors of the state Department of Historic Resources met on 9-14-05 in Lynchburg and formally established the Lovingston Historic District on the state register of historic places and nominated the district for placement on the federal register of historic places, which is expected to be approved within the ensuing 90 – 120 days.

The master plan for the Lovingston Revitalization Project is slated for completion in late October 05 and will be presented to the Board on 10-27 for review and endorsement consideration, including approval of the submission of an application to VDOT for state transportation enhancement funding to implement an initial component of the overall plan.

A very successful public meeting (i.e. approximately 160 attendees) was conducted on 9-16 at the Rockfish River Elementary School for Nellysford Master Plan Project   TJPDC will utilize the input received from the 9-26 workshop to assist with the development of an overall master plan with an ensuing meeting anticipated by the end of 2005 or in early 2006. To date private contributions to assist with the project have been received from Wintergreen Real Estate, Wintergreen Partners, Inc.

A community meeting on the Schuyler Historic District Project was conducted on 9-21 at the Schuyler Museum and Community Center by county and state Department of Historic Resources staffs. The meeting was very well attended with approximately 60 people present. A project overview was presented by Mr. Bob Carter, Associate Director of DHR, who also introduced Arcadia Preservation LLC (Jennifer and Gardner Hallock) which was 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.

8. Piney River 3 Project
Project planning continues with Draper Aden Associates presently working on final alignments for the water and wastewater mains, associated pumping stations and connection of the new system(s) to the existing wastewater system and to NCSA’s water and sewer plants off Rt. 56 in Colleen. Once this work is completed a revised cost estimate will also be completed and implementation decisions will be made, including whether or not additional funding is required and whether to submit another CDBG application to DHCD in early 2006 (with such decisions being approved by the Board). Thereafter, final project design will be initiated with an objective of bidding the project’s construction in the first quarter of 2006. The next 30 – 90 days may also provide, prior to receipt of formal construction bids, the framework for operations.

9. Blue Ridge Tunnel and Blue Ridge Railway Trail Projects
An application to VDOT for transportation enhancement program funding is planned for submission to the Department on 11-1.   The status of a similar application to VDOT for the BR Railway Trail is pending.

10. Wintergreen Project
Wintergreen Partners, Inc. has submitted its formal written request to the County for assistance with the corporation’s implementation of approximately $60 - $75 million in capital improvements to Wintergreen Resort. Staff will distribute WPI’s letter to the BOS on 10-11. It is anticipated that the Economic Development Authority will work with County staff on a formal agreement that specifies the roles, relationships and provisions applicable to each party (i.e. BOS, EDA and WPI).

Summary: The report is intended to provide the Board with a status of on going project and related activities. Department reports were forwarded to the Board on 10-6-05. Please advise should additional information on the above or other subjects be required.

D.   NACO Prescription Discount Card Program
Mr. Carter provided information on the NACO Prescription Discount Card Program, and noted that approval from the Board of Supervisors is necessary to operate the Program.

The Board deferred the item until the November Meeting.

Agenda Item Number E. Board Directives

Supervisor Harris discussed the Thomas Jefferson Health District’s Backhoe Policy scheduled to be implemented on November 5, 2005.

Mr. Carter stated that he met with Donald Hackler and Sandy Miller of the Thomas Jefferson Health District regarding the policy.

The Board, by consensus, agreed to invite Mr. Hackler to the November 8th Meeting.

Supervisor Harris expressed concern regarding Hunt Clubs not being able to obtain an annual permit. The Board, by consensus, agreed to include language in the new Zoning Ordinance to allow Clubs to obtain annual permits vs permits for each function.

Supervisor Harris requested that the proposed Ordinance regarding Animal Laws be included on the Agenda. The Board, by consensus, requested the item be included on the November Agenda.

Supervisor Brennan read an Article regarding October being proclaimed as Energy Awareness Month and certain types of light bulbs were recommended to conserve energy. Ms. Brennan recommended the County utilize the bulbs to raise citizens’ awareness regarding energy conservation. Mr. Wood noted that some fixtures do not accept the lights.

Supervisor Brennan discussed imposing tax relief for the Habitat for Humanity when building homes in the County; stated she attended the Farm Bureau Dinner and Hughes Swain discussed the Purchase of Development Rights; placing a Reuse Shed at the Rockfish Convenience/Recycling Center; discussed staffing certain dumpster sites on weekends that are overflowing (Mr. Harris recommended installing a camera at the Schuyler, Shipman, and Gladstone sites, and noted that he would not be in favor of Nelson residents driving to Amherst County to use their Convenience Center. Ms. Brennan stated that she would rather have a person at the site to educate and encourage proper usages of the containers); discussed the Rockfish Mitigation Project; and the lawsuit between Wintergreen vs the County scheduled for November 22nd.

E.   Correspondences
(1)   Senior Advisory Committee
Supervisor Brennan stated that the Senior Advisory Committee has drafted a letter requesting the Governor for additional funding for the Fuel Assistance Program.

The Board, by consensus, endorsed the Senior Advisory Committee submitting the letter requesting additional funding.

The remaining items from the Afternoon Session were discussed during the Evening Session to allow for the Tour of the Ryan School Apartments.

Agenda Item Number VIII. Closed Meeting

Re: Closed Meeting

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

BE IT RESOLVED, That Purusant to Section 2.2-311.A.1 of the Code of Virginia, 1950, that the Nelson County Board of Supervisors hold a closed meeting for the following purpose:

A.   Appointment of specific employees of the public body.

Re: Return to Regular Session

On a motion by Ms. Brennan, seconded by Mr. Bruguiere, with Ms. Brennan voting yes, Mr. Bruguiere voting yes, Mr. Harvey 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 return to Regular Session.

Re: Certification of Closed Meeting

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

BE IT RESOLVED, That Pursuant to Section 2.2-3712.D of the Code of VA, 1950, that the Nelson County Board of Supervisors certify that to the best of each member’s knowledge (i) only public business matters lawfully exempted from open meeting requirements under Chapter 37 (Virginia Freedom of Information Act) of Title 2.2 of the Code of VA, 1950 and (II) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by the public body.

Agenda Item Number IX. Tour of Ryan School Apartments

The Board of Supervisors toured the Ryan School Apartments in Shipman.

Agenda Item Number X. Recess and Reconvene for Evening Session

The Board of Supervisors recessed the Afternoon Session at 4:45 p.m. and reconvened the Evening Session at 7:30 p.m.

Supervisor Bruguiere was present for the Evening Session.

Agenda Item Number XI. Review of Zoning Ordinance

The Board of Supervisors continued review of the Zoning Ordinance as follows:

Fred Boger, Planning Director, provided information form Stafford County regarding information required on a Minor Site Plan. The Board recommended contacting surveyors to receive their comments on what should be included on Minor and/or Major Site Plans. The Board stated they will re-review this Section in Chapter 12.

Additionally, the Board reviewed Chapter 13, Board of Zoning Appeals.

B.   Compensation of Board of Zoning Appeals

Item 6, in the first line changed “the Council to Board of Supervisors.”

C.   Organization of Board

Directed Mr. Boger to include language stating that one position shall serve as an alternate on the Board of Zoning Appeals.

E. Powers of Board of Zoning Appeals: Variances, Special Exceptions and Appeals

Directed Mr. Boger to re-review Item 2, Special Exceptions.

Item 3. Appeals

Directed Mr. Boger to check with County Attorney Payne to include an Appeals procedure.

Item 4. Zoning Map Interpretation

Directed Mr. Boger to check the State Code regarding Item 4.

Concluding discussion on Item 4, the Board stated they would resume review of the Zoning Ordinance on Chapter 12 and Chapter 13, Special Exceptions, Page 306, at the next Work Session scheduled for October 27th, 6:00 p.m.

Agenda Item Number XII. Public Comments

Gordon Koerner, Shipman, recommended public comments be moved after VDOT to allow comments regarding items discussed during the VDOT presentation. Mr. Koerner also recommended the Board of Supervisors invite the Sheriff’s Deputies to monitor the dumpster sites.

Chapin Wilson presented an Article regarding the Drug Program, and noted that the County needs to be aware that the cost to install Convenience/Recycling Centers is increasing.

Agenda Item Number XIII. Other Business

No Other Business was offered.

Agenda Item Number XIV. Adjournment

Re: Continuance of October 11, 2005 Meeting to October 27, 2005

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby continue the October 11, 2005 Meeting to October 27, 2005, 6:00 p.m.

_________________________________, Chairman