Board of Supervisors: May 9, 2006

May 9, 2006

May 9, 2006
Virginia:

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

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

Absent:     Thomas H. Bruguiere, Jr., Vice Chair

I.   Call to Order

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

II.   Consent Agenda

On a motion by Ms. Brennan and seconded by Mr. Harvey, Supervisors voted unanimously by roll call (4-0), to approve the Consent Agenda.

A.   Resolution – Minutes for Approval

RESOLUTION
APPROVAL OF MEETING MINUTES
(December 13, 2005, April 11, 12, 20 and 27, 2006)

   RESOLVED by the Nelson County Board of Supervisors that the minutes of said Board’s meetings conducted on December 13, 2005, and April 11, 12, 20, and 27, 2006, are hereby approved and authorized for entry into the official record of the Board of Supervisors meetings.

Approved: May 9, 2006           Attest: _________________________, Clerk
                           Nelson County Board of Supervisors

B.   Resolution - Proclamation – Business Appreciation Week in Nelson County, VA

PROCLAMATION
BUSINESS APPRECIATION WEEK IN NELSON COUNTY, VIRGINIA

   WHEREAS, Nelson County is proud to have a thriving base of business to support the local economy; and
   WHEREAS, these businesses provide essential employment opportunities for the citizens of Nelson County; and
   WHEREAS, these businesses provide local revenues from which the entire local citizenry benefits; and
   WHEREAS, these businesses also make significant contributions to our community, promote educational opportunities for our children and advance a variety of activities which increase the quality of life in Nelson County; and
   WHEREAS, the Nelson County Board of Supervisors recognizes and appreciates these businesses.
   NOW, THEREFORE BE IT RESOLVED, that the Nelson County Board of Supervisors hereby recognizes our existing businesses, and by virtue of this proclamation, gives notice to our citizens that Nelson County is promoting the Virginia Department of Business Assistance 2006 theme of “Navigating Virginia’s Future” during the week of May 14-20, 2006 – Business Appreciation Week.

Adopted: May 9, 2006           Attest: ___________________________, Clerk
                           Nelson County Board of Supervisors

C.   Resolution - FY 05-06 Budget Amendment

RESOLUTION
AMENDMENT OF FISCAL YEAR 2005-2006 BUDGET
NELSON COUNTY, VA
MAY 9, 2006

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

I.   Appropriation of Funds (General Fund)
   Amount       Revenue Account       Expenditure Account
   $      4,170.14       3-100-002404-0004       4-100-031020-7014
               100.00       3-100-001899-0003       4-100-035010-6021
      16,000.00       3-100-001901-0025       4-100-043020-8003
       $20,270.14

Adopted: May 9, 2006           Attest: _________________________, Clerk
                           Nelson County Board of Supervisors

EXPLANATION OF BUDGET AMENDMENT

The General Fund Appropriation includes $4,170.14 for a Sheriff’s Department DMV grant. This grant was originally appropriated in FY06 but was not fully expended. There is no local funding match required for this grant. Also included is $100 for the purchase of school project supplies by the Animal Control Department. This funding represents a private donation designated for the particular purpose of educating school children about animal and pet care. The last request is $16,000 for maintenance expenses related to the old middle school. These expenses will be offset by the 50% reimbursements from the Millennium Group.

D.   Resolution – Department of Social Services Petty Cash Fund

RESOLUTION
NELSON COUNTY DEPARTMENT OF SOCIAL SERVICES
PETTY CASH FUND

   WHEREAS, Virginia Code Section 15.2-1229, provides that the governing body of any county may establish by resolution one or more petty cash funds not exceeding $5,000 each for the payment of claims arising from commitments made pursuant to law.
   NOW, THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby authorize the Nelson County Department of Social Services Petty Cash Fund in the amount of $3,000.

Adopted: May 9, 2006               Attest: _______________________, Clerk
                               Nelson County Board of Supervisors

E.   Resolution – FY 06-07 Annual Action Plan of the Consolidated Plan (Designation of Sub-Recipient)

RESOLUTION
DESIGNATION OF SUB-RECIPIENT
2006-2007 ANNUAL ACTION PLAN OF THE CONSOLIDATED PLAN

   WHEREAS, the local government of Nelson County is a participant in regional housing programs supported by federal HOME Investment Partnership (HOME) and American Dream Downpayment Initiative (ADDI) program funding; and

   WHEREAS, the HOME and ADDI programs are administered by the Thomas Jefferson Planning District Commission on behalf of member jurisdictions; and

   WHEREAS, a Consolidated Plan, which sets forth an overall plan to support community development needs, including housing needs in the Thomas Jefferson Planning District Commission and in the City of Charlottesville, is required for receipt of federal programmatic funding; and

   WHEREAS, an Annual Plan sets forth the programs and activities to be annually administered and accomplished within the Consolidated Plan; and

   WHEREAS, it is incumbent upon the Nelson County Board of Supervisors, which will receive $117,007 in HOME and ADDI program funding in Fiscal Year 2006-2007, to designate a local entity to serve as program administrator and sub-recipient for HOME and ADDI funding and to determine specific uses locally of these funds; and

   WHEREAS, the Nelson County Community Development Foundation has been and is proposed to continue to be Nelson County’s designated program administrator and sub-recipient of federal HOME and ADDI funding.

   NOW, THEREFORE, BE IT RESOLVED by the Nelson County Board of Supervisors that the Nelson County Community Development Foundation is hereby designated as Nelson County’s sub-recipient of federal HOME and ADDI funding in FY 2006-2007.

   BE IT FURTHER RESOLVED by said Board of Supervisors that the proposed use of available HOME and ADDI funds in Nelson County in FY 06-07 are as follows:

First-time homebuyers:       $ 20,000
Rehab of owner-occupied houses:   $ 50,000
Acquire/development rental unit:   $ 47,007
Total                   $117,007

Approved: May 9, 2006               Attest: __________________, Clerk
                               Nelson County Board of Supervisors

F.   Resolution – Agricultural and Forestal Districts Advisory Committee (Approval of By Laws)

RESOLUTION
APPROVAL OF BY-LAWS
FOR
AGRICULTURAL AND FORESTAL DISTRICTS ADVISORY COMMITTEE

   WHEREAS, on February 11, 2003 the Nelson County Board of Supervisors enacted Article V Agricultural and Forestal Districts within Chapter 9 (Planning and Development) of the Code of the County of Nelson, Virginia; and,

   WHEREAS, said Article V provides in part for the establishment of an Advisory Committee to assist said Board of Supervisors and the Nelson County Planning Commission with respect to the establishment of Agricultural and Forestal Districts in Nelson County; and,

   WHEREAS, the current membership of Nelson County’s Agricultural and Forestal Districts Advisory Committee has drafted by-laws for use by said Committee in the conduct of its duties and responsibilities and has submitted these by-laws to the Board of Supervisors for review and approval consideration.

   NOW, THEREFORE, BE IT RESOLVED by the Nelson County Board of Supervisors that the By-Laws of the (Nelson County) Agricultural and Forestal Districts Advisory Committee, a copy of which is hereto attached, are hereby approved and authorized for use by said Advisory Committee, effective with the date of approval of this resolution.

Approved: May 9, 2006       Attest: ______________________________, Clerk
                          Nelson County Board of Supervisors

G.   Resolution – Amendment of Chapter 11, Article VI (Transient Occupancy Tax) of the Code of the County of Nelson, VA (Establish Public Hearing)

RESOLUTION
AUTHORIZATION FOR PUBLIC HEARING
TO CONSIDER ESTABLISHMENT OF UNIFORM TRANSIENT OCCUPANCY TAX

   WHEREAS, legislation (House Bill 779) approved in 2006 by the Virginia General Assembly and signed into law by the Hon. Timothy M. Kaine, Governor of Virginia, enables Nelson County to establish without exception a uniform tax rate for the local Transient Occupancy Tax, as is authorized by Article 6 (Transient Occupancy Tax) of Chapter 38 (Miscellaneous Taxes) of the Code of Virginia, 1950; and,

   WHEREAS, the Nelson County Board of Supervisors sought the passage and enactment into law of HB 779; and,

   WHEREAS, said Board of Supervisors wishes to consider amending and reenacting the current and applicable provisions of Article VI (Transient Occupancy Tax) of Chapter 11 (Taxation) within the Code of the County of Nelson, Virginia, to provide for a uniform transient occupancy tax rate of three percent (3%) to be effective on July 1, 2006.

   NOW, THEREFORE, BE IT RESOLVED by the Nelson County Board of Supervisors that the County Administrator is hereby authorized to draft the necessary amendment(s) to Article VI (Transient Occupancy Tax) of Chapter 11 (Taxation) of the Code of the County of Nelson, Virginia, to make such amendment(s) available for public inspection and to advertise a public hearing to be conducted on June 13, 2006 at 7:30 p.m. in the Nelson County Courthouse to provide for receipt of public comment and approval consideration of the proposed changes to the local transient occupancy tax by said Board of Supervisors.

Approved: May 9, 2006       Attest: ______________________________, Clerk
                          Nelson County Board of Supervisors

III.   Public Comments and Presentation

A.   Public Comments

1.   Ms. M. K. D. Allen – Gladstone Water System
Ms. Allen discussed with the Board the problems with the water system in Gladstone, i.e. decrease in water pressure and dingy-colored water, which started when water meters were placed in service in 2004. She has consulted the Nelson County Service Authority and they have agreed to discuss the matter further. According to Mr. Castillo, Executive Director of NCSA, when the system was turned over to NCSA in 1997, CSX paid the NCSA $55,000 to make improvements to the system, including metering. There is $48,506 remaining for continuing improvements to the system. A citizen’s petition is being circulated among the 17 affected residents to request replacement of the water system in Gladstone. Ms Allen wanted the Board to be aware of the problems and requested their support in dealing with these issues with the Service Authority. Mr. Harris committed the full support of the Board to get this corrected. Mr. Carter will send a letter to the NCSA stating this support and request that the Executive Director meet with the Board to discuss appropriate solutions to these problems.

2.   Mr. E. Waterfield
Mr. Waterfield said the water situation in Gladstone is appalling and suggested a fund-raising event for such causes in Nelson County. He reported that the Arrington dump site still has no signage, the Courthouse project is ridiculous, and respectable sheriff and judges are needed in the County.

3.   Mr. George Krieger, Executive Director, Nelson County Community Development Foundation
NCCDF will have brought $668,900 in funding to Nelson County for the 2-year period ending June 30, 2006. With the addition of other funding awards, a total of $802,900 has been brought into Nelson’s tax base and tax revenues. NCCDF is requesting an increase in funding of $15,000 for FY 06-07, to be matched by a private donor. The same funding will be requested for FY 07-08. This will enable NCCDF to be in a position to generate enough new income to revert back to previous funding, or less, and continue to operate the Housing Choice Voucher Program effectively.

B.   VDOT Report
Mr. Kevin Wright of VDOT reported that work on the bridge on Rt. 151 is progressing and a bridge on Rt. 613 is under construction. Widening on Rural Rustic Roads is finished and asphalt and stone will begin on Level Green and Dark Hollow Roads.
May 9, 2006

1.   Resolution – FY 07-12 Secondary Six Year Plan Amendment
This resolution was placed on hold and will be considered at the June Board meeting.

2.   Resolution – Designation of Rural Rustic Roads
On a motion by Mr. Harvey and seconded by Ms. Brennan, Supervisors voted unanimously by roll call (4-0) to amend the FY 06-07 secondary road 6-year plan to designate Virginia Lane as a
Rural Rustic Road. The designation of Glenthorne Loop will be considered at the June Board meeting, allowing time for residential notification.

RESOLUTION
REQUEST TO AMEND FY 06-07 – FY 11-12 SECONDARY ROAD SIX-YEAR PLAN
DESIGNATION OF RURAL RUSTIC ROADS

   WHEREAS, Section 33.1-70.1 of the Code of Virginia, permits the improvement and hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and
   WHEREAS, any such road must be located in a low-density development area and have a minimum of 50 vehicles per day (vpd), and have no more than 500 vpd; and
   WHEREAS, the Board of Supervisors of Nelson County, Virginia (“Board”) desires to consider whether the following road should be designated a Rural Rustic Road;
•   Virginia Lane, Route 612,
   From: Route 151 to: Route 613 North
   WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and
   WHEREAS, the citizens that utilize this road have been made aware that this road may be paved with minimal improvements; and
   WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics; and
   WHEREAS, this road is in the Board’s six-year plan for improvements to the secondary system of state highways.
   NOW, THEREFORE, BE IT RESOLVED, the Board hereby designates this road a Rural Rustic Road, and requests that the Residency Administrator for the Virginia Department of Transportation concur in this designation.
   BE IT FURTHER RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right of way and ditch-lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state.
   AND NOW THEREFORE, BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Residence Administrator for the Virginia Department of Transportation.

Approved: May 9, 2006               Attest: ________________________, Clerk
                               Nelson County Board of Supervisors

IV.   Unfinished Business (The Board agreed to change the order of agenda items as follows.)

   B. Paid EMS Program – Presentation on Revenue Recovery (Ms. Diane Vick, President            and CEO, Diversified Ambulance Billing, Inc.)
Ms. Vick met with County Staff in the morning of May 9 and then presented to the Board an overview of the proposed Revenue Recovery Program for Nelson County’s Paid EMS Program. It is proposed that the County contract with Diversified Ambulance Billing, Inc. for management of the billing and associated duties and responsibilities encompassing the Revenue Recovery Program. She presented several options for the subscription program, including an annual subscription fee per household. Reasons for using DAB rather than the County‘s administering the program are, in part: provision of software is very costly, coding of claims is complicated and would require extensive training, and set-up time would be extensive.

   A. FY 06-07 Budget – Multi-Year Pro Forma Budgeting Model (Mr. Roland Kooch,            Davenport & Co. LLC)
Mr. Kooch presented budgetary forecasts of Nelson County’s operational, capital and debt service funds based upon an analytical modeling tool developed by his company. Key assumptions for Capital Improvement Projects included Priority 1 projects ($28,338,068), Priority 2 projects ($24,869,040) and school projects ($6,717,192), for a total of $59,924,300. Mr. Kooch compared the impact of these operations (revenues over expenditures + existing debt service) with no new capital investment projects, with Priority 1 projects only, with Priority 1 projects and schools, and with Priority 1 and 2 projects and schools. Based on these assumptions, the County would be able to fund and support Priority 1 projects and schools, utilizing the current projected revenue and general reassessment revenue in 2009. Mr. Harvey said he would like to see a similar study done to show the impact of a 2008 reassessment.

   C. Region 2000 Solid Waste Project (Staff)

Mr. Carter reported that he and Susan McSwain represent Nelson County in Virginia’s Region 2000 Partnership – Local Government Council’s regional solid waste project. R. W. Beck has completed a project report which was presented to local government managers and the project team for Amherst County, Campbell County, Nelson County, City of Bedford, and City of Lynchburg. According to the report, the joint use of existing facilities represents the most viable disposal option for all of the participating communities. The Board agreed to continue the process and will issue a resolution to that affect. The County’s share of costs connected with implementation of the regional solid waste project is $18,370. There will be further discussion on this matter during the May 11 Board meeting.

VIII.   Recess and Reconvene for Evening Session

On a motion by Mr. Harvey and seconded by Mr. Hale, Supervisors voted unanimously by roll call (4-0) to recess for a tour of Ryan School Apartments and to reconvene at 7:30 P. M.

Evening Session
(The Board agreed to change the order of agenda items as follows.)

XI.   Public Hearings

C. Rezoning Request #2006-002 (D. V. and J. Corbin)
Mr. Boger reported that Mr. and Mrs. Daniel V. Corbin are requesting to rezone two parcels of land (Tax Map #4-A-59 and 59A) from Residential, R-1 to Agricultural, A-1. The property is located on Rockfish Valley Highway. The owners have a prospective buyer who wishes to build a home and also operate an agri-business on the property which consists of growing hops and operating a microbrewery. There would be a tasting area and on and off-premise sale of beer brewed at the facility. There would also be distribution of beer from the facility. The brewery building would be approximately 1,900 sq. ft. and the tasting room another 1,900 sq. ft.

The Planning Commission addressed the question of “spot zoning,” and Commissioner Proulx was of the opinion that there is a mix of uses, as well as other agricultural businesses in this area, and the proposed use is not very different from the surrounding uses.

Mr. Taylor Smack and his wife are the prospective buyers. Mr. Smack is a brewer at South Street Brewery in Charlottesville. This new business will be a small operation and provide an attractive and interesting place for tourists to see the hops farm and taste and purchase beer.

The public hearing was opened, there were no comments, and the public hearing was closed.

Mr. Hale and Ms. Brennan expressed support of the rezoning, saying it is in accordance with the Comprehensive Plan for that area.

On a motion by Ms. Brennan and seconded by Mr. Harvey, Supervisors voted unanimously by roll call (4-0) to approve rezoning request #2006-002 for Daniel and Josephine Corbin, Tax Map #4-A-59 and 59A, from Residential, R-1 to Agricultural, A-1.

   D. Final Subdivision Approval – Crabapple Estates (Mountain View III, Inc.)
Mr. Boger reported that Mountain View has submitted the final subdivision plat dividing 29.584 acres into 23 lots on Jenny’s Creek Road, Piney River. The subdivision will be developed in two phases with 16 lots in Phase I and 7 lots in Phase II, and be served by public sewer and individual wells. The E & S control plan has been approved, contingent upon permits being obtained from Army Corps of Engineers for work done in stream waters and approval by this agency. The road plan has also been approved by VDOT. There is an easement agreement from adjoining property owners. In addition, a 50’ easement on each side of the stream has been added to the plat, and there is sufficient room for houses to fit on the lots. The dry fire hydrant has been engineered to an adequate size, according to Acres of Virginia, Inc. engineers. The number of available sewer hook-ups is a concern. Mr. Harvey pointed out that there are 16 hook-ups available at this time which are on a first-come, first-serve basis. They may or may not be available when the developer is ready to connect to the system. A note has been added to the
May 9, 2006

plat (#18) stating that upon completion of the sewage system, it will be dedicated to the County. The Planning Commission previously recommended approval since the subdivision now meets all requirements.

Mr. Tommy Brooks, Acres of Virginia, Inc., representing Mountain View III, Inc. discussed specifics of the plat and that a 2.516 acre lot has been set aside as community property for the 5000 gallon dry fire hydrant and detention pond. All run-off water will be detained in this pond so there will be no disturbance down stream. This lot will be maintained through a maintenance agreement with home owners in the subdivision. A land disturbing permit will be obtained, and no work will start until all approvals have been received. Mr. Brooks showed a display of homes ranging in size from $145,000 to $170,000 and said that build-out will take approximately five years.

Ms. Brennan asked if there is enough room for a primary well and a secondary well, if needed, on lots requiring the 100’ stream buffer zone. Mr. Brooks said that a Class 3B well and drain field could be placed on lots smaller than one acre, and in this case, drain fields are not used. Consequently, there will be sufficient room for the well.

Ms. Brennan asked Mr. Rutherford, owner, if there are plans to sell lots with no structure. Mr. Rutherford replied that it would not be feasible to do so, unless the purchaser wanted to buy a separate lot where no house would be constructed. Water and sewer are required before a building permit will be issued.

Ms. Brennan asked if the cost of houses mentioned earlier includes the land, house, well, etc. Mr. Rutherford said that these may have been last year’s prices and that it is getting increasingly difficult to build houses in Nelson County because of the high price per sq. ft. ($114 average). He anticipates a cost of $100 per sq. ft. He will try to find the best interest rates for clients and provide a high quality home. Ms. Brennan asked if Mountain View plans to finance the homes. Mr. Rutherford replied that he doesn’t personally finance, but works with several mortgage companies in the area and Nelson Homes, which has its own finance company. They also work with USDA, HDA, and other institutions with programs for families with lower incomes.

Mr. Harris expressed concern that there may not be available sewer hook-ups for all the homes. Mr. Rutherford said there is an option of developing a sewer system, but he hopes the County will be able to provide buyers with sewer service.

The public hearing was opened. Mr. Tom Saunders spoke in opposition to the project, expressing concern over the added capacity to the sewer system, the lack of safe drinking water, added traffic on a road that is narrow and not hard-surfaced at this time, and mineral rights that are outstanding on the property. He is also concerned that new homeowners may not be made aware of possible problems with the lots and houses. Mr. George Clarkson also spoke in opposition to the subdivision, expressing concern over dry hydrant and pump and well maintenance and soil conditions in the area. He stated there is a failure rate of 50% on wells in the area and that this is not an acceptable location for such a subdivision. Ms. Lori Merritt is a resident of Jenny’s Creek Road and is concerned about the road which may need widening, based on projections for the number of added vehicles per day, and the possibility of land being taken from current residents to accommodate this widening.

The public hearing was closed. Mr. Hale has visited the site and has concerns about the suitability of the area for this subdivision. The plat does not adequately show the actual width of
the stream (where the banks are located), there are contradicting notes on the plat (#14 & #17), and note #18 does not adequately address concerns of obligation of the County as it pertains to the sewer system for this area. Mr. Harris asked about the County’s financial responsibility if the sewer system fails and Mr. Carter said the County has a responsibility to provide service to all users, but not for the availability for new connections. Mr. Boger said that the County can only require what the Subdivision Ordinance specifies, and that the plat will not be approved until all approvals have been received. In reality, the applicant could build a private sewer system; he is not required to connect to the County system. If it becomes necessary to do so, that plat will be revised and resubmitted to the PC and BOS.

Mr. Hale referred to Sections 19 & 20 of the Water and Waste Water Ordinance and asked Mr. Payne (County Attorney) if the County can require that it be complied with before giving final approval. Mr. Payne said that language can be added that waste water requirements must be met according to the ordinance. Even if the language is not added to the plat, the applicant must comply.

Mr. Hale made a motion that the final subdivision plat for Crabapple Estates be approved with the following conditions:
1)   Items 14 & 17 be reconciled (#14 states, “Iron rebars set at all corners…”; #17 states, “Iron rods to be set at all property corners…”).
2)   Adjoining property owner’s name on the southwest side of the Mountain View property be corrected to reflect current ownership.
   3) Plat not to be given final approval until the County is satisfied as to Sections 19, 20            and 21 of Water and Waste Water Ordinance via an agreement drafted between the            County and the developer that addresses concerns about additional sewer service to            this subdivision so that the County does not incur the financial burden of this                subdivision.
Mr. Harvey provided a second to the motion. Ms. Brennan said that she supports affordable housing; however, she has to consider the overall effect of this subdivision to the area – the wetlands, soil, wells, traffic, and character of the area. Mr. Hale said he expects the County to be stringent when it comes to approvals for the project. The motion passed 3-1, with Mr. Harvey, Mr. Hale, and Mr. Harris voting yes and Ms. Brennan voting no.

A.   Declaration of Restrictive Covenants (Tax Parcel 74-A-1F)

Mr. Carter recommended adoption of a resolution approving the Declaration of Restrictive Covenants between the United States of America (Region 3 of the Environmental Protection Agency), the Commonwealth of Virginia (Department of Environmental Quality) and American Cyanamid Company. This covenant states that the County will not permit any work on the Virginia Blue Ridge Rail Way Foundation Trail that would impact the U. S. Titanium Superfund Site. The public hearing was opened, no comments were received, and public hearing was closed. On a motion by Mr. Hale and seconded by Ms. Brennan, Supervisors voted unanimously by roll call (4-0) to approve the Declaration of Restrictive Covenants.

RESOLUTION
APPROVAL OF DECLARATION OF RESTRICTIVE COVENANTS
TAX PARCEL 74-A-1F

   WHEREAS, Nelson County has been requested by the United States of America (Region 3 of the Environmental Protection Agency), the Commonwealth of Virginia (Department of Environmental Quality) and the American Cyanamid Company to grant a Declaration of Restrictive Covenants for Tax Parcel 74-A-1F, which is owned by said Nelson County; and,

   WHEREAS, the requested restrictive covenant is pursuant to the remediation by U.S. - EPA and VA –DEQ of the U.S. Titanium Superfund Site, which includes Tax Parcel 74-A-1F within the Superfund Area; and,

   WHEREAS, the granting of the requested restrictive covenant by the Nelson County Board of Supervisors has been publicly advertised and a public hearing (was) conducted by said Board on May 9, 2006 pursuant to the requirements of §15.2-1800 of the Code of Virginia, 1950; and,

   WHEREAS, it is the determination of the Nelson County Board of Supervisors that granting the Declaration of Restrictive Covenants for Tax Parcel 74-A-1F is incumbent upon and in the best interests of the local government and citizens of Nelson County.

   NOW, THEREFORE, BE IT RESOLVED, that it is the decision, hereby, of the Nelson County Board of Supervisors to approve a Declaration of Restrictive Covenants for Tax Parcel 74-A-1F and, pursuant thereto, the County Administrator is hereby authorized to execute the Declaration of Restrictive Covenants for Tax Parcel 74-A-1F on behalf of Nelson County and to complete such associated administrative responsibilities as may be required to effect this decision.

Approved: May 9, 2006           Attest: _______________________, Clerk
                                            Nelson County Board of Supervisors

B.   Code of the County of Nelson, VA – Chapter 13 (Emergency Services)

Mr. Carter recommend to the Board approval of a resolution to amend the Code of the County of Nelson, Virginia to add Chapter 13 - Emergency Services – which establishes a paid emergency medical service program. The public hearing was opened, there were no comments, and public hearing was closed. On a motion by Ms. Brennan and seconded by Mr. Harvey, Supervisors voted unanimously (4-0) to adopt a resolution adding Chapter 13 – Emergency Services – as an amendment to the Code of the County of Nelson, Virginia.

RESOLUTION
CODE OF THE COUNTY OF NELSON, VIRGINIA
APPROVAL
OF
CHAPTER 13 – EMERGENCY SERVICES

   WHEREAS, the Nelson County Board of Supervisors has determined that the establishment of a paid emergency medical service program is necessary and in the best interests of the citizens of Nelson County; and

   WHEREAS, the Nelson County Board of Supervisors proposes to establish fees for emergency ambulance service as a means to assist with financially supporting the paid emergency medical services program; and

   WHEREAS, an amendment of the Code of the County of Nelson, Virginia, is necessary and has been drafted, pursuant to Sections 27-23.6 and 32.1-111.14 of the Code of Virginia, as Chapter 13, Emergency Services, to establish by local ordinance the proposed revenue program and associated administration responsibilities; and

   WHEREAS, pursuant to the requirements of ξ 15.2-1427 of the Code of Virginia, 1950, the Nelson County Board of Supervisors conducted a public hearing on May 9, 2006 to receive public input on the amendment of the Code of the County of Nelson, Virginia, to establish, therein, Chapter 13, Emergency Services.

   NOW, THEREFORE, BE IT RESOLVED by the Nelson County Board of Supervisors that Chapter 13, Emergency Services be and is hereby approved.

   BE IT FURTHER RESOLVED by the Nelson County Board of Supervisors that the Code of the County of Nelson, Virginia, be and is hereby amended to establish, therein, Chapter 13, Emergency Services.

Approved: May 9, 2006               Attest: _______________________, Clerk
                               Nelson County Board of Supervisors

V.   New Business
None.

VI.   Reports, Appointments, Directives, and Correspondences

   Reports
   1. Ms. Brennan reported on the Thomas Jefferson Planning District Commission meeting in which the Commission approved the budget, discussed the regional water supply and set 3-

year and 1-year objectives. Ms. Brennan requested that Mr. Carter obtain and provide the Board with a General Assembly action report.

   2. Mr. Hale reported that the Solid Waste Collection Committee (Mr. Hale, Mr. Bruguiere and Mrs. McSwain) met with the Massies Mill Community Center and looked at a collection site there. It was suggested that the Committee work on a proposal and bring it back to the Board at the June meeting. Other sites are also under consideration.

3.   Mr. Hale and Mr. Carter met with Ms. Jane Lingo concerning property acquisition for the Courthouse Project. They will meet again on May 30, and though there is no agreement at this time, the situation looks favorable.

Mr. Harvey, Mr. Carter and Mr. Hale also walked through the 19.36 acre tract that is for sale near the current Courthouse site. Mr. Hale feels the County should move forward on this purchase which would enable the architect to have more design options. Mr. Hale made a motion to authorize the County Administrator to enter a contract to purchase 19.36 acres at the $10,000 per acre price set by the seller. Ms. Brennan provided the second. Mr. Harvey asked if this would be a viable acreage if the Lingo property cannot be purchased. Mr. Hale said that the Board’s earlier decision was to move forward, and acquisition of this property will give the County more room to work with in the overall project. Supervisors voted unanimously by roll call (4-0) to pass the motion.

   4. Mr. Harvey reported that there has been a meeting regarding the Nellysford Master Plan and that he would like to have an aerial photo of Nellysford that identifies properties that have potential to be developed in the future. The group will meet again soon.

   5. Mr. Harris reported that the Senior Advisory Committee recently discussed the importance of transportation for seniors, availability of services to seniors and homebound seniors, i.e. home visits, and set goals and objectives for the committee.

6.   Mr. Carter handed out a memo from the Nelson County Service Authority regarding the Tye River Truck Stop Project for the Board’s review and discussion at a later time.

Appointments

Mr. Carter reported the following Boards/Commissions vacancies that have expired and have been advertised: Agricultural & Forestal Districts Advisory Committee (2 vacancies), Jefferson Area Board for Aging Council on Aging (1 vacancy), Jefferson Area United Transportation, Inc. (1 vacancy) and Parks and Recreation (3 vacancies). Terms will expire June 30, 2006 for the following Boards/Commissions: E. D. A. (5 vacancies), JABA (2 vacancies), Library Advisory Committee (2 vacancies), Piedmont Housing Alliance Board (1 applicant), Planning Commission (3 vacancies), Region 10 Community Services Board (1 vacancy), Service Authority (3 vacancies), and Welfare Board (2 vacancies). In addition, Susan McSwain is asking the Board for re-approval of the Keep Nelson Beautiful committee.

Directives

Ms. Brennan asked Mr. Carter to tape future Board budget workshops. She also stated that she heard from a citizen that the Orion case appeal heard by the Supreme Court was denied, and would have preferred to hear it from Staff.

Mr. Harvey asked for status of the newspaper release for Miss Carter’s retirement. Mr. Carter is working on the release at this time.

Mr. Carter handed out an estimate by W. A. Lynch for repair of the Gladstone Community Center roof and the Nelson Heritage Center roof. This will be discussed at a later date.

Mr. Harvey notified the Board that the County may be asked to cover legal fees if he is not charged or is found not guilty in the lawsuit currently pending against him.

   Correspondence
Faber Volunteer Fire Department’s 50th Anniversary will be held at 6:00 p.m. on May 13. RSVP is required immediately. Nelson County Farm Bureau Legislative Dinner will be held at 6:30 p.m. on June 14 at Winton Country Club, Clifford, VA. RSVP by 5/31/06. The 21st Annual Governor’s Conference on Education will be held at 9:00 a.m. on July 18 in the Grand Ballroom, Richmond Marriot, Richmond. Register by 6/27/06.

VII.   Closed Meeting – None

XI.   Public Comments

Mike Tapager of Shipman expressed concern regarding the Capital Improvement Project presentation given earlier and stated that a 25% property value increase, as projected, would result in increased taxes that would be a hardship for many land owners. He suggested other schemes be investigated or other sources of revenue found.

XII.   Other Business – None

XIII.    Adjournment (to May 11, 2006 at 6 p.m.)

On a motion by Mr. Harvey and seconded by Mr. Hale, Supervisors voted unanimously by roll call (4-0) to continue the meeting to May 11, 2006 at 6:00 p.m.

__________________________, Chair