Board of Supervisors: November 9, 2005

November 9, 2005

November 9, 2005

Virginia:

At a Continued Meeting of the Nelson County Board of Supervisors on November 9, 2005, 6:00 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
       Betty M. Fortune, Planning Secretary

Agenda Item Number I. Call Meeting to Order

Chair Wood called the Meeting to order.

Agenda Item Number II. Review of Zoning Ordinance

The Board of Supervisors deferred Item II until after Agenda Item Number III was considered.

Agenda Item Number III. Other Matters (Carryover Items from November 8, 2005)

B.   Correspondences: Schuyler Museum & Community Centers. The Millennium Group is concerned about boiler and other maintenance issues at the Heritage Center. Inspection has been done by County maintenance employees and it is noted that the boiler seems to be burning an excessive amount of fuel. The Millennium Group is requesting financial assistance with the fuel bill since Parks & Recreation and the school system have use of the gym in the building. The roof situation will be addressed by W. A. Lynch at an appropriate time to determine if the roof is actually leaking. Some patchwork has been done, but small leaks are suspected. The Millennium Group was told to report back to Mr. Carter with their findings. Mr. Harris and Mr. Bruguiere have walked over the roof and have seen some places that seem to need repair. There has also been a problem with the sewage pump and concern about sewage backing up. Craig McCarty can be contacted about this. The two main questions are: 1) Will the County fund the repairs as in the past? 2) Will Parks & Recreation and the school system share the heating bill? Mr. Carter says the lease allows for charging for use by Parks & Recreation but is not sure whether the schools should be charged also. All three boilers have been recently certified for three more years, following the minor repairs that were made. The lump sum dollars will be provided to community centers if the money has been budgeted.

The Schuyler Community Center’s roof is in need of repair and the estimated cost is $88,000-90,000 or $270,000 for replacement. Rural Development funding has committed to $50,000 and there is $67,500 available from the State and from the Center itself. Mr. Bruguiere suggested offering a 0% interest loan and Mr. Harvey agreed. Mr. Carter suggested that Mrs. Candy McGarry can handle the project based on the good job she did with the Rockfish Community Center. Mr. Carter will advise Mrs. Roberts, Director of the Center, to put the job out for bids and bring the results back to the Board.

Emergency Services – Ray Uttaro is proposing the purchase of one vehicle per year to keep equipment and licensing current. They may try to get away from interest-free loans.

C.   Appointments (Interviewing Planning Commission Members). There are several prospective candidates and Mr. Wood suggested inviting candidates to the December meeting. Supervisors will then decide whether to interview in closed session or in a session open to the public.

A.   Board Directives
Mr. Harris reported on a letter that had been sent regarding George Krieger’s evaluation.   Findings in the report are that Mr. Krieger is doing a good job and that money is being spent efficiently.

Ms. Brennan suggested a retreat in January or February to talk about outstanding issues on legislation, zoning ordinance (including cluster development), etc. since there will be a new Board member at that time.

Mr. Wood expressed concern about the backlog of inspections in Building Inspections due to vacancies that are unfilled. Mr. Carter reported that the Building Inspector job has been filled and the candidate starts work on November 14. The Building Official’s job may be filled within the week. This candidate prefers to come to work the first of the year.

Mr. Harris initiated a discussion of funding available for school capital projects. Mr. Carter stated that a directive has been issued to use the funds as agreed upon when the $286,000 VPSA funding was received.   Some has been used for the gym floor and the remainder should be spent, with proposals for spending submitted to the Board of Supervisors. These funds may not be used for parking lot repairs and/or renovation at the Nelson County High and Middle School.

On a motion by Mr. Harris, seconded by Ms. Brennan, the Supervisors voted unanimous-ly by roll call to approve the following Resolution:

Re: Memo of Advice to Nelson County High and Middle Schools

BE IT RESOLVED, That the Nelson County Board of Supervisors does advise the Nelson County High and Middle School Superintendent that $286,000 in VPSA funds must be used before February 1, 2006, and that the restriction of making repairs/improvements on the front parking lot are removed.

Mr. Harvey asked if the new budget for EMS has been submitted. Mr. Carter stated that WPOA has submitted the budget and that Staff is working on preparation of a bid document to procure third party billing services for the paid EMS program. Staff is to proceed to implement the project as quickly as possible.

D.   Resolution: Property Acquisition
Regarding the sale of real estate to the County (former Lovingston Baptist Church building), Mr. Carter said there has been a change in Item 4 of the contract concerning the “disclosure of environmental hazards.” The sellers are not aware of any such hazards but there could be lead paint.

On a motion by Mr. Harvey, seconded by Mr. Harris, the Supervisors voted unanimous-ly by roll call to approve the following Resolution:

Re: Execution of Contract for Real Estate
BE IT RESOLVED, That the Nelson County Board of Supervisors does approve a resolution to promptly execute the contract for purchase of property by the County from Melanie K. Embrey and Paul E. Wood, Jr. in the amount of $87,000. Said building is to be used as a Tourism Office/Visitors Center.

In further discussion, Mr. Carter stated that there has been no closure with VDOT. He’s hoping that the purchase price can be used as the County’s matching portion of any VDOT Tea-21 funding awarded in 2006.

E.   Schedule Six Year Secondary Plan Work Session
Monday, November 21, 2005 at 6:00 P. M. was set for the Six Year Secondary Plan work session, followed by continued zoning ordinance workshop.

F.   Closed Meeting (County Administrator’s Evaluation)
At 7:10 P. M., Ms. Brennan made a motion to begin the closed meeting for the County Administrator’s evaluation as well as discussion of a potential new employee in the Building Inspections office.

Re.: Motion for Closed Meeting
Motion is hereby made, pursuant to Sections 2.2-3711.A.1 of the    Code of VA, 1950, that the Nelson County Board of Supervisors    hold a closed meeting for the following purposes:
1) Performance of specific public officers (County Administrator) of the public body.
2) Discussion of potential new employee in Building Inspections Office.

Mr. Harvey provided the second, and motion was approved unanimously by the Supervisors, via roll call.

At 7:45, Mr. Harvey made a motion to return from closed meeting, Mr. Harris provided the second, and Supervisors passed the motion unanimously via roll call.

Ms. Brennan certified the closed meeting:
Motion is hereby made, 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. Mr. Bruguiere provided the second, and motion was approved unanimously by the Supervisors, via roll call.

Agenda Item III. Review of Zoning Ordinance

The following chapter and items were discussed and/or revised:
1)   Chapter 12, K. Minimum Design and Construction Standards. Mr. Boger handed out the revised Road Design Manual, Appendix B, Subdivision Street Design Guide and asked the Supervisors to consider using these standards rather than the County’s road standards. This will be discussed further at the next zoning work session and, if agreed upon, will eliminate item 1. Street Construction and Design Standards. Item 2. Parking, Loading and Site Access. Removed curb, gutter or header regulations and referred to Chapter 11 for outdoor lighting and illumination regulations. Item 3. Sidewalks and Pedestrian Walkways. Specific zones requiring sidewalks within public rights of way are to be provided at the next meeting.

At 8:30 P. M. Mr. Harvey made a motion to continue this meeting until November 21, 2005, at 6:00 P. M. Mr. Bruguiere provided the second. Motion was approved by all Supervisors via roll call.

An expression of welcome was given to Allen Hale, newly elected Board of Supervisor member from the East District.

Notes taken by Betty Fortune in Virgie Carter’s absence.