Board of Supervisors: June 13, 2006

June 13, 2006

June 13, 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
        Thomas H. Bruguiere, Jr., Vice Chair
        Constance Brennan, Central District Supervisor
        Allen M. Hale, East District Supervisor
        Thomas D. Harvey, North District Supervisor
        Stephen A. Carter, County Administrator
        Fred M. Boger, Planning Director
        Betty M. Fortune, Planning Secretary

I.    Call to Order

Mr. Harris, Chair, called the meeting to order at 2:10 P. M. with five 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 Mr. Harvey, seconded by Mr. Bruguiere, Supervisors agreed unanimously by roll call (5-0), to approve the Consent Agenda, with the exception of Item II. I (Resolution – Job Description – Administrative Assistant/Deputy Clerk), which will be discussed later in the meeting.

    A. Resolution – Minutes for Approval

RESOLUTION
APPROVAL OF MEETING MINUTES
(May 2, 9, 11, 15 and June 5, 2006)

    RESOLVED by the Nelson County Board of Supervisors that the minutes of said Board’s meetings conducted on May 2, 9, 11 15 and June 5, 2006, are hereby approved and authorized for entry into the official record of the Board of Supervisors meetings.

Approved: June 13, 2006
Attest: _________________________, Clerk                 Nelson County Board of Supervisors

B.    Resolution – Refunds

RESOLUTION
APPROVAL OF PROPERTY TAX REFUNDS

    RESOLVED, by the Nelson County Board of Supervisors that the following refunds, as certified by the Nelson County Commissioner of Revenue and County Attorney pursuant to §58.1-3981 of the Code of Virginia, be and hereby are approved for payment.

Amount        Tax Category                Payee
$     95.43        Real Estate        C. A. Whiteman, 7399 Faber Road, Faber, VA 22938

$     52.56        Real Estate        J. M. Wilson, 1614 Ricky Road, Charlottesville, VA

$1,285.92        Personal Property    R. and L. Gentry, 13166 Lazy Glen Lane, Herdon, VA 20171

$     36.93        Personal Property    G. A. Ingersoll, P. O. Box 17, Afton, VA 22920

$ 496.49        Personal Property    Harvey Logging Company, Inc., 116 Cannery Loop, Lovingston, VA 22949

$2,168.43        Personal Property    Ford Credit Titling Trust, Ford Credit Personal Property Tax, P. O. Box 67000, Dept. 23160, Detroit, MI 48267-2316

Approved: June 13, 2006
Attest: ________________________, Clerk
Nelson County Board of Supervisors

C.    Resolution – Legal Services

RESOLUTION
LEGAL SERVICES

    BE IT RESOLVED, that there is herby created the position of Deputy County Attorney, that Jeremy Boggs is appointed to fill the position of Deputy County Attorney, and that his compensation is fixed at sixty-five dollars ($65.00) an hour, all of which is effective as of May 12, 2006.

    BE IT FUTHER RESOLVED, that the compensation of the County Attorney is fixed at $110.00 an hour for attendance at public hearings and meetings of the Board, and at $130.00 an hour for all other work, all of which is effective as of July 1, 2006.

Approved: June 13, 2006
Attest: ________________________, Clerk
Nelson County Board of Supervisors

D.    Resolution – Budget Amendment

RESOLUTION
AMENDMENT OF FISCAL YEAR 2005-2006 BUDGET
NELSON COUNTY, VA
June 13, 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 Funds (General Fund)
Amount        Revenue Account            Expenditure Account
$ 2,946.20    3-100-001901-0014        4-100-021040-3023
154.78        3-100-001803-0001        4-100-021040-3023
20,984.64    3-100-002307-0001        4-100-021060-3002
237.72        3-100-001803-0001        4-100-031020-3007
1,512.28    3-100-001803-0001        4-100-031020-7026
44,804.00    3-100-002404-0012        4-100-071020-8003
10,000.00    3-100-002302-0001        4-100-031020-5409
$80,639.62

II.        Transfer of Funds (General Fund)
Amount    Credit (from) Account            Debit (to) Account
$    5,000.00    4-100-033010-6001        4-100-013010-1010
3,500.00    4-100-033010-6001        4-100-013010-5401
250.00        4-100-033010-6001        4-100-013010-5501
250.00        4-100-033010-6001        4-100-013010-5504
$    9,000.00    Subtotal Electoral Board

$    5,600.00    4-100-033010-6001        4-100-012040-3002
500.00        4-100-033010-6001        4-100-021050-3022
12,418.00    4-100-033010-6001        4-100-043020-5102
20,384.00    4-100-033010-6001        4-100-043040-5415
15,931.00    4-100-033010-6001        4-100-043040-7005
$ 54,833.00    Subtotal Other

$ 63,833.00    Total Transfer of Funds

III.        Appropriation of Funds (School Fund)
Amount    Revenue Account                Expenditure Account
$110,124.44    3-205-002402-0001        4-205-061100-9301
65,000.00    3-205-001899-0012        4-205-065100-9306
$175,124.44

Adopted: June 13, 2006
Attest: _____________________________, Clerk
Nelson County Board of Supervisors

EXPLANATION OF BUDGET AMENDMENT

The General Fund Appropriation includes a request of $3,100.98 for VJCCCA (Virginia Juvenile Community Crime Control Act) expenditures that exceeded the amount of state funds received for the year. However, parental co-pays received for services will provide funding for $2,946.20 of the overage and the balance of $154.78 will be reimbursed to the County from non-mandated CSA funds. The next request is $20,984.64 for technology expenditures in the Circuit Court Clerk’s office. These expenditures will be fully reimbursed from the state Technology Trust Fund. Also, $237.72 and $1,512.28 is requested   for expenditures related to a Sheriff’s sale that was court ordered. Both costs were reimbursed to the county from sale proceeds. The next request represents a Virginia Recreational Trails grant in the amount of $44,804 for the Delfosse Trail at Deer Rock. These funds were previously included in the FY05 budget but not expended. The last General Fund appropriation request is $10,000 in additional funding from the Compensation Board approved for the Sheriff’s Department to purchase police supplies.

The General Fund Transfer is a request to transfer funds from the regional jail budget (4-100-033010-6001) for various budgetary items denoted below. There are excess funds in the regional jail budget that will not be spent because of a lower than anticipated prisoner count. The first transfer request in the amount of $9,000 is for the June primary election expense. The second request is for additional funds in the amount of $5,600 for the county attorney budget.   Also requested is $500 for Detention Home expense in the J&D Court budget. A transfer is also being requested for shortfalls in heating oil ($12,418) and gasoline costs ($20,384). The last request in the amount of $15,931 is for an additional vehicle in the Building Inspections Department.

The School Fund Appropriation includes $110,124.44 in additional instructional funds based on a revised estimate of state sales tax. Also included is $65,000 for the food services budget. This appropriation is based on additional food program receipts.

E.    Resolution – JAUNT Appointment of Proxy

RESOLUTION
JAUNT, INC.
APPOINTMENT OF PROXY

    RESOLVED by the Nelson County Board of Supervisors that Ms. Christina Delzingaro, who is Nelson County’s appointed representative on the Board of Directors of JAUNT, Inc., is hereby designated as said County’s proxy for purpose of voting Nelson County’s stockholder shares at JAUNT, Inc.’s annual stockholders’ meeting to be conducted on July 12, 2006 “and at any adjournments thereof, upon the election of directors, and, in her discretion, upon such other matters as may properly come before such meetings”.

Approved: June 13, 2006
Attest: ________________________, Clerk
Nelson County Board of Supervisors

F.    Resolution – Funding Request for NCHS Athletic Jackets

RESOLUTION
PURCHASE OF ATHLETIC JACKETS

    BE IT RESOLVED by the Nelson County Board of Supervisors that the amount of $1,530.00 be and hereby is approved for disbursement from Nelson County’s Fiscal Year 2005-2006 Budget to provide for the purchase of athletic jackets for the members of Nelson County High School’s boy’s varsity soccer team and girl’s varsity tennis team which won their respective Dogwood District Championship games in (spring) 2006.

    BE IT FURTHER RESOLVED by the Nelson County Board of Supervisors that said Board herewith recognizes and commends the athletes and coaches and all affiliated with Nelson County High School’s 2006 Dogwood District Soccer Champions (boys) and Dogwood District Tennis Champions (girls) for their athletic excellence and outstanding representation of Nelson County.

Approved: June 13, 2006
Attest: ________________________, Clerk
Nelson County Board of Supervisors

G.    Resolution – Regional Natural Hazard Mitigation Plan

RESOLUTION
NELSON COUNTY ADOPTION OF THE
REGIONAL NATURAL HAZARD MITIGATION PLAN
June 13, 2006

    WHEREAS, hazard mitigation is sustained action taken to reduce or eliminate the risk to human life and property from natural hazards and their effects, and
    WHEREAS, it is essential to protect life and property by reducing the potential for future damages and economic losses resulting from natural disasters, and
    WHEREAS, the Disaster Mitigation act of 2000 provides new and revitalized approaches to mitigation planning, and
    WHEREAS, compliance with the new mitigation plan requirements will position Nelson County and the region to receive pre- and post-disaster mitigation funding, and
    WHEREAS, Nelson County has been involved in the preparation of the Regional Natural Hazard Mitigation Plan, including review, and public hearings and approval by both the Nelson Planning Commission and Board of Supervisors, and
    WHEREAS, Nelson County approved the Hazard Mitigation Plan for submission to the Virginia Department of Emergency Management (VDEM) and the Federal Emergency Management Agency (FEMA), and
    WHEREAS, VDEM and the FEMA have deemed the submitted plan satisfactory with no changes in the mitigation activities for Nelson County,
    NOW THEREFORE BE IT RESOLVED, the Nelson County Board of Supervisors does hereby adopt the Regional Natural Hazard Mitigation Plan.

Adopted: June 13, 2006
Attest: _____________________________Clerk,

Nelson County Board of Supervisors

H.    Resolution – Property Acquisition

RESOLUTION
PROPERTY ACQUISITION
SUMMIT HOLDINGS, LLC TO NELSON COUNTY

    RESOLVED by the Nelson County Board of Supervisors, pursuant to §15.2-1800 of the Code of Virginia, that the County Administrator, Stephen A. Carter, be and hereby is authorized to execute and effect a real estate contract providing for the purchase by Nelson County of 19.36 acres, more or less, and a strip of land 41 feet wide lying adjacent to and on the north side of the 19.26 acre’s northern boundary line from Summit Holdings, LLC with the purchase price of the aforesaid property(s) being One Hundred Ninety-Eight Thousand Six Hundred and NO/100 Dollars ($198,600.00) with said purchase amount to be disbursed from budgetary funding established in the County’s General Fund.

Approved: June 13, 2006
Attest: ________________________, Clerk
Nelson County Board of Supervisors

III.    Public Comments and Presentations

A.    Public Comments

    Mr. Franklin Webb addressed the Board concerning difficulties he had recently in obtaining a building permit for an addition to his home. He objected to having to provide a plat of the property, provide plans of the proposed addition, pay the building permit fee, and not being placed on the BOS agenda except in the “Public Comment” category. Mr. Webb feels the Board should do away with the “red tape” and investigate the Building Inspections process.

    Mr. Tim Castillo of the Nelson County Service Authority (NCSA) reported on the Gladstone water system as requested by the Board following the May meeting. Mr. Castillo stated that the rusty water results from tuberculation breaking off in the pipes and several steps have been taken to improve the situation, i.e. larger flushing valve and booster pumps. At this time, water quality has improved due to flushing of the pipes regularly. Replacement of the system would cost approximately $200,000. A grant source, Virginia Department of Housing and Community Development (DHCD), has been located which may be able to contribute $150,000. $55,000 is also available from funds provided to the County by CSX at the time of transfer of the system. No matching funds are required from the County. The application will be filed by the County and funds will also flow through the County. NCSA is requesting the support of the Board for this application and for scheduling the required second public hearing. Funding is available until the end of September.

On a motion by Ms. Brennan, seconded by Mr. Bruguiere, Supervisors agreed unanimously by roll call (5-0) to authorize the NCSA to move forward with the project to replace the Gladstone water system, and to submit the application for funding.

    Mr. Harris asked if anyone wished to comment on Mr. Webb’s concerns. Mr. Bruguiere said he doesn’t feel Mr. Webb is being singled out. Mr. Carter stated that the Building Inspections personnel were not discourteous to Mr. Webb. They tried to explain the necessary steps for him to follow and he refused to comply with any of the requirements. Mr. Harvey said that building regulations are implemented for everyone’s protection. The same State building code regulations apply to everyone who is building a primary residence or an addition, accessory building, etc. Mr. Hale agreed that these regulations are for homeowners’ protection. Mr. Harris said the Board should look into this matter in conjunction with the proposed zoning ordinance.

    B. VDOT Report

Mr. Mike McCormick reported that the Lane Ford Bridge project was completed on time and within budget. The FY 06-07 budget for secondary roads is incomplete and could be 35-40% less than projected earlier in the year. Flashing lights have been placed on Rt. 56 indicating that it is not recommended for truck traffic. VDOT is attempting to keep the Arrington bridge project on track due to the impact it has on the community. Glenthorne Loop’s designation as a rural rustic road has been delayed until possibly July. The entire project may have to be reconsidered.
June 13, 2006

Annual bridge inspections are taking place on Rt. 6. Mr. Bruguiere asked about the delay on Dark Hollow Road repairs, and Mr. McCormick said that as soon as the contractor is available, work will proceed. Mr. Harvey asked the reason for chaining the entrance into the old Rockfish School and Mr. McCormick said it was chained at the request of an adjoining property owner. He will look into this further. Mr. Harvey also suggested further reduction of the speed limit to 35 mph between the bank and post office in Nellysford. Mr. Boger said this will need to be looked at carefully in the future due to all the new development in that area.

IV.    Unfinished Business

    A. State Compensation Board (FY 05-06 Supplemental Funding)

Mr. Carter reported to the Board that the Compensation Board had approved a salary adjustment for some Sheriff’s Department employees utilizing turnover savings. Mr. Carter indicated he had met with Sheriff Brantley along with a Finance Department representative. It was the Sheriff’s understanding that he could use the funding approved by the Compensation Board for anything other than salary compensation. Further investigation indicates that these funds can be used for other purposes, such as equipment/expenses for the department. The County may adjust the local supplement to blend the Compensation Board’s percentage increase into the currently paid total salary amount, inclusive of the County supplement, or allow the increase in addition to the County supplement.

Mr. Carter recommends endorsement of this adjustment and directing staff to send a memo to Constitutional Officers advising them to confer with the Board if they have this consideration to ensure that it doesn’t impact the supplemental program and that the Board is fully apprised before something is approved that impacts the balance the Board has been trying to maintain.

Sheriff Gary Brantley said that approximately $16,000 in turnover savings is available due to a vacancy that hasn’t been filled at a salary less than the Compensation Board budgeted salary.

Mr. Harvey stated that the local supplement program should be done away with if it results in some employees receiving more salary increase than others. Sheriff Brantley said that the 2.25% increase helped some employees and hurt others. Mr. Carter said that the Board directed Constitutional Officers’ salary to be adjusted the same as County employees; however, additional funds have been approved by the Compensation Board resulting in an increase in the Compensation Board salary in June for some Sheriff’s Department employees.

Mr. Harris and Mr. Harvey requested that the County Administrator and representatives from the Finance Department and Sheriff’s Department arrange a meeting to discuss this matter and then report back to the Board. Mr. Carter said this is the first instance of a situation that impacts the supplemental program. He suggested that this be handled at this time and then decide what is to be done in the future to address these issues.   Mr. Hale stated it was his understanding that when an employee fills a vacancy at a lower salary, Constitutional Officers can then use these funds. Mr. Carter added that Constitutional Officers must make application to the State Compensation Board and receive approval before any use can be made of the funds. Mr. Harris suggested that the Board allow the increase this year and establish a policy for dealing with turnover funds in the future. Mr. Harvey said he will not support such an action. Ms. Brennan feels the Board should go ahead with the salary adjustment for this year since there is no budgetary impact and then establish a policy for future years. Mr. Harvey said the County has a moral obligation to pay employees and turnover money should be used for other needs in the department.

On a motion made by Mr. Harvey, seconded by Mr. Hale, Supervisors voted 4-1 (Messrs. Hale, Harvey, Harris and Bruguiere voting yes and Ms. Brennan voting no) to maintain the supplemental pay program and reapply the savings to the Sheriff’s Department operations.

On a motion made by Ms. Brennan, seconded by Mr. Harvey, Supervisors agreed unanimously (5-0) to direct County Staff to draft a policy for application of the supplemental program. Ms. Brennan felt it was important to communicate to the Sheriff’s Department that this is no way a punitive action but that fairness for all employees across the board is the issue.

B.    Resolution – Contractual Services (Diversified Ambulance Billing, Inc.)

Mr. Carter said that Staff has reviewed the contract submitted by DAB, Inc. to obtain services of revenue recovery related to patient billing of County rescue services Emergency Medical Service (EMS) ambulance transports and is comfortable with the contract and the vendor. He suggested July 1, 2006 as the effective date for these services to begin. Ms. Brennan questioned the wording of item 5.3.1 (recommended changing “sex” to “gender” and adding “age) and Mr. Carter said that portion applied to employees of DAB and had been approved by County Attorney Payne.

On a motion made by Mr. Hale and seconded by Ms. Brennan, Supervisors agreed unanimously by roll call (5-0) to adopt a resolution to approve the contractual services agreement with Diversified Ambulance Billing, Inc. effective July 1, 2006.

RESOLUTION
APPROVAL OF CONTRACTUAL SERVICES AGREEMENT
WITH DIVERSIFIED AMBULANCE BILLING, INC.

    BE IT RESOLVED by the Nelson County Board of Supervisors, pursuant to ξ 15.2-1200 and ξ2.2-4304 of the Code of Virginia, that the County Administrator, Stephen A. Carter, be and hereby is authorized to execute and effect a contract with Diversified Ambulance Billing, Inc. for provision of revenue recovery services to Nelson County associated with said County’s establishment of a paid emergency medical services program within its jurisdiction.

Approved: June 13, 2006
Attest: _____________________, Clerk
Nelson County Board of Supervisors

C.    Local Choice Health Insurance Program

Mr. Carter presented information on an insurance program which would enable the Board of Supervisors to be added as a special class of employee who would be eligible for group health insurance plans. Election is needed immediately since the new plan year begins July 1, 2006.

On a motion by Ms. Brennan, seconded by Mr. Bruguiere, Supervisors voted 2-3 (Ms. Brennan and Mr. Bruguiere voting yes and Messrs. Harvey, Hale, and Harris voting no) to adopt a resolution to give the Board of Supervisors eligibility for health insurance benefits (Motion failed.)

D.    Piney River 3 Project (Ordinance and Policy Matters)

Mr. Carter reported that the Piney River 3 project design has been completed and is proceeding through the necessary review cycles. At this point, several decisions need to be made by the Board, as follows:
(1)    Adjusting of water rates to $29.00 for 4,500 gallons per month which would be an increase of approximately $4.00 per month. These rates have not changed since 1997 implementation of the project. A public hearing is required.
(2)    Allowing implementation of Nelson County Service Authority water and sewer rates to become effective July 1, 2006. Henderson’s Store customers (88) would pay an additional $4.50 for grinder pump maintenance and repair and $3.00 increased sewer rate. A public hearing is required.
(3)    Maintaining or eliminating non-user and availability fees as an incentive to obtain easement agreements for approximately 117 potential applicants. No monetary provision is made to secure these easements; however, connection fees would be waived during the period of construction on the project.
(4)    Meeting with the NCSA for a project discussion which would include all of the above.

Mr. Carter stated further that due to the contamination problem with underground storage tanks, DEQ has over $1 - $3 million grant monies available to extend water from the 3rd phase of the project up to Roseland. If the Board adds $60,000, it could serve all customers in the Piney River and Roseland service area and bring in approximately $26,000 in revenue. He suggested that the Board consider the increase of water rates at the August 6 meeting or decide to allow the rate to remain the same. The County has provided $10,000 in supplemental funds for those who are not able or refuse to pay. A work session is needed, as well as a public hearing for changing the rates.

Mr. Carter recommended that the Board approve the connection to existing structures with no hook-up fee. County Attorney Payne is responsible for landowner notification and procurement of easements, where needed, and offered the following information. No offer will be made to buy easements. The non-user fee would be detrimental to obtaining easements. The hook-up fee should be waived if easement is given (an approximate $7,000 savings to applicants). The water rate needs to be amended to $29.00 per month. The sewer rate does not have to be changed now, but would be difficult to change in future months.

On a motion by Mr. Hale and seconded by Mr. Bruguiere, Supervisors agreed unanimously by roll call (5-0) to eliminate the non-user and availability fees for the Piney River III project. Mr. Carter stated that the purpose of the motion is to amend the Water and Sewer ordinance, and this as added to the motion. The motion, restated, is to amend the water and sewer ordinance to eliminate the non-user and availability fees for the Piney River III project.

On a motion by Ms. Brennan and seconded by Mr. Bruguiere, Supervisors agreed unanimously by roll call (5-0) to amend water rates to $29.00 for USDA-RD compliance, advertise and conduct a public hearing, and amend the water and sewer ordinance accordingly. Additionally, the Board agreed to allow implementation of the new sewer rates effective July 1, 2006, as established in the Water and Sewer ordinance.

On a motion by Ms. Brennan and seconded by Mr. Bruguiere, Supervisors agreed unanimously by roll call (5-0) to adopt a resolution authorizing the County Attorney to accept on behalf of the Board, necessary deeds and instruments associated with the Piney River III Water and Wastewater Project.

RESOLUTION
PINEY RIVER III WATER AND WASTEWATER PROJECT
UTILITY EASEMENTS

    BE IT RESOLVED by the Nelson County Board of Supervisors that the County Attorney be and hereby is authorized to accept on behalf of said Board all necessary deeds and instruments associated with Nelson County’s establishment and completion of the Piney River III Water and Wastewater Project.

    BE IF FURTHER RESOLVED by said Board of Supervisors that a nominal consideration of one-dollar ($1.00) be and hereby is established as payment to the grantor(s) of deeds and instruments to Nelson County necessary to establish and complete the Piney River III Water and Wastewater Project.

Approved: June 13, 2006
Attest: _______________________, Clerk
Nelson County Board of Supervisors

Mr. Carter discussed several scenarios for residences eligible to connect without charge and those who are not eligible prior to the job going out for construction bid. It was noted that those not granting easements will not be eligible for free connection to the system.

On a motion by Mr. Hale and seconded by Mr. Bruguiere, Supervisors voted 4-0 (Ms. Brennan abstaining) to establish a policy for connection to the water and sewer system for existing residential and commercial structures located within 1,000 feet of the water and sewer service mains to connect without cost, with Staff and County Administrator given authority to clarify wording of the policy, as needed.

IV.        New Business

Mr. Carter informed the Board that additional funds would be required in future years for school bus leases, above the $75,000 budgeted for FY 07. No action was taken by the Board.

VIII.    Recess and Reconvene for Evening Session.

At 5:30 P. M. Mr. Harvey made a motion to continue the meeting to 7:30 P. M. Mr. Bruguiere provided the second. It was noted that a closed session was needed, and Mr. Harvey and Mr. Bruguiere withdrew their motion and second.

VII.    Closed Meeting

On a motion by Mr. Hale and seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (5-0) to go into closed session for consultation and briefings by legal counsel pertaining to legal matters, pursuant to ξ 2.2-3711 (A) (7) of the Code of Virginia.

On a motion by Ms. Brennan and seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (5-0) to return from closed session.

On a motion by Mr. Hale and seconded by Ms. Brennan, Supervisors voted unanimously by roll call (5-0) to certify the closed session as follows: Whereas, Section 2.2-3712 of the Code of Virginia requires a certification by the Board that such closed session was conducted in conformity with Virginia law, the Board hereby certifies that to the best of each member’s knowledge, (i) only public matters lawfully exempted from open meeting requirement of Virginia law were discussed in closed session to which this certification resolution applies and (ii) only such public business matters as were identified in the motion by which the closed session was convened were heard, discussed or considered in the meeting by the Board.

VIII.    Recess and Reconvene for Evening Session

On a motion by Mr. Harvey and seconded by Mr. Hale, Supervisors voted unanimously by consensus to recess and reconvene at 7:30 P. M.

EVENING SESSION
7:30 p. m. – Nelson County Courthouse
(The Board agreed to change the order of agenda items as follows.)

IX.        Public Hearings

A.    Final Subdivision Review – Paixao Property (L. and J. Paixao)

Mr. Boger reported that the Paixaos submitted a final subdivision plat to divide off 2.428 acres from a 7.44 acre tract of land located at 374 Mountain Road. Health Department has issued a permit for septic on the new lot, which will be served by an existing private road. Plat corrections required by the Planning Commission on May 24 have been made. A further correction is needed, however, to reconcile the number of acres remaining, which should be 5.007 rather than 5.672 as shown on the plat. The public hearing was opened, there were no comments, and public hearing was closed.

On a motion by Ms. Brennan and seconded by Mr. Bruguiere, Supervisors agreed unanimously by roll call (5-0) to approve the final subdivision plat for the Paixao property, as shown on plat dated January 7, 2006, revised April 28, 2006, on condition that the correction in remaining acreage is made prior to signing.

B.    Final Subdivision Review – Glen Rhue (M. J. Hoffman)

Mr. Boger reported that Massie Saunders, Surveyor, submitted a final subdivision plat on behalf of Mrs. Mary Jane Hoffman to divide approximately 61.80 acres into 5 tracts of land located on Rhue Hollow Road across from the intersection with Walk Around Lane, Tax Map #31-A-20. The preliminary subdivision was approved by the Planning Commission on December 28, 2005. Only minor changes have been made on the final plat. Approvals have been received from Army Corps of Engineers, Health Department, and VDOT. Covenant and deed restriction agreements have been drawn up and were available to the Board.

On a motion by Mr. Hale, and seconded by Ms. Brennan, Supervisors agreed unanimously by roll call (5-0) to approve the final subdivision for Glen Rhue as submitted on the plat dated April 13, 2006.

C.    Code of the County of Nelson, Virginia – Amendment and Re-enactment of Section 11-131 (Levy of tax on transient room rentals; collections generally)

Mr. Carter reported that the General Assembly of Virginia amended the language of ξ 58.1-3821 – Transient occupancy tax on certain rentals. The purpose of the proposed change to the local code of ordinances is to establish a uniform transient occupancy tax rate of 3% “upon every transient obtaining or occupying lodging” within Nelson County. As a result of this change the Code of Nelson County, ξ 11.131 must be amended and re-enacted. The public hearing was opened, there were no comments, and the public hearing was closed.

On a motion by Mr. Bruguiere, and seconded by Mr. Hale, Supervisors agreed unanimously by roll call (5-0) to adopt a resolution to amend and re-enact ξ 11-131 of the Code of Nelson County – Transient Occupancy Tax.
June 13, 2006

ORDINANCE
AMEND AND RE-ENACT SECTION 11-131
OF THE CODE OF NELSON COUNTY
TRANSIENT OCCUPANCY TAX

    BE IT ORDAINED, that the Nelson County Board of Supervisors do hereby amend Article VI, Section 11-131 of the Code of Nelson County by the enactment of the following:

    There is hereby imposed and levied upon every transient obtaining or occupying lodging within the county, in addition to all other taxes and fees of every kind now imposed by law, a tax equivalent to three (3) percent of the amount charged for such lodging. The tax shall be collected from transients in the manner and at the time provided for in this article.

    NOW BE IT FURTHER RESOLVED, that this article shall be effective on July 1, 2006.

Adopted: June 13, 2006
Attest: ________________________, Clerk
Nelson County Board of Supervisors

X.    Other Business

    A. Resolution – Approval of Fiscal Year 2006-2007 Budget

Mr. Carter presented the resolution for approval of the FY 06-07 budget, noting that solid waste tipping fees increased from $50.00 to $55.00.

On a motion by Mr. Hale and seconded by Mr. Bruguiere, Supervisors agreed unanimously by roll call (5-0) to adopt the budget and service district tax rates for fiscal year 2006-2007 (July 1, 2006 – June 30, 2007).

RESOLUTION
ADOPTION OF BUDGET AND SERVICE DISTRICT TAX RATES
FISCAL YEAR 2006-2007
(JULY 1, 2006-JUNE 30,2007)
NELSON COUNTY, VIRGINIA

WHEREAS, pursuant to the applicable provisions of Chapter 25, Budgets, Audits and Reports of Title 15.2 of the Code of Virginia, 1950, the Board of Supervisors of Nelson County, Virginia has prepared a budget for informative and fiscal planning purposes only and has also established tax rates, as applicable, for Fiscal Year 2006-2007 (July 1, 2006-June 30, 2007); and

WHEREAS, the completed Fiscal Year 2006-2007 Budget is an itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowing; and

WHEREAS, the Board of Supervisors has published a synopsis of the budget, given notice of a public hearing in a newspaper having general circulation in Nelson County and, subsequent thereto, convened a public hearing on the Fiscal Year 2006-2007 Budget.

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Nelson County, Virginia that the Fiscal Year 2006-2007 Budget be hereby adopted in the total amount (all funds, revenues and expenditures) of $60,475,860.   The individual fund totals are denoted as follows:

Fund                       Budget
General*            $ 26,321,746.00
VPA                $    1,870,198.00
Debt Service             $    3,542,608.00
E911                $       401,765.00
CDBG                $         5,000.00
Capital**            $    1,165,433.00
School                $ 21,972,658.00
Piney River (Operations)    $         33,000.00
Piney River 3 Project        $    5,155,312.00
Street Lights            $           8,140.00

*Includes $12,362,547 in local funding transferred to the Debt Service Fund ($2,934,254), School Fund ($9,418,293), and Piney River Fund ($10,000). Includes $1,870,198.00 in local, state, and federal funds transferred to the VPA Fund.

**Includes $608,354 transferred to the Debt Service Fund.

BE IT FURTHER RESOLVED, that the Service District (street light) tax rates to be levied in Nelson County, Virginia for Fiscal Year 2006-2007, effective July 1, 2006, shall be as follows:

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

BE IT FURTHER RESOLVED, in accordance with Chapter 10, Section 10-16 of the Code of Nelson County, Virginia, that the solid waste tipping fee is hereby amended to $55.00 per ton effective July 1, 2006.

BE IT LASTLY RESOLVED, that adoption of the Fiscal Year 2006-2007 Budget shall not be deemed to be an appropriation and no expenditures shall be made from said budget until duly appropriated by the Board of Supervisors of Nelson County, Virginia.

Adopted:    June 13, 2006            Attest:_________________________, Clerk
Nelson County Board of Supervisors

B.    Resolution – Appropriation of Funds for Fiscal Year 2006-2007

Mr. Carter presented the resolution for appropriate of 2006-2007 funds and explained how funds will be paid out for expenditures.

On a motion by Mr. Hale, seconded by Ms. Brennan, Supervisors agreed unanimously by roll call (5-0) to adopt a resolution approving the fiscal year 2006-2007 appropriation of funds.

RESOLUTION
FISCAL YEAR 2006-2007
APPROPRIATION OF FUNDS

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

WHEREAS, the Nelson County Board of Supervisors has heretofore approved the Fiscal Year 2006-2007 Budget (July 1, 2006 to June 30, 2007) for the local government of Nelson County and its component units; and

WHEREAS, the Board of Supervisors now proposes to appropriate the funds established in the Fiscal Year 2006-2007 Budget;

NOW, THEREFORE, BE IT RESOLVED by the Nelson County Board of Supervisors that the Fiscal Year 2006-2007 Budget be hereby appropriated on an annual basis by fund category, as follows:

Fund               Revenue(s) (All Sources)        Expenditure(s) (All Departments)
General         $26,321,746.00            $26,321,746.00
VPA            $ 1,870,198.00            $1,870,198.00
Debt Service        $ 3,542,608.00            $3,542,608.00
E911            $     401,765.00        $401,765.00
CDBG            $       5,000.00        $5,000.00
Capital            $ 1,165,433.00            $1,165,433.00
School            $21,972,658.00            $21,972,658.00
Piney River Sewer    $    33,000.00            $33,000.00
Piney River 3 Project    $ 5,155,312.00            $5,155,312.00
Street Lights        $      8,140.00            $8,140.00

BE IT FURTHER RESOLVED by the Board of Supervisors that:

The General Fund appropriation includes the transfer of $1,870,198 (Account 093100-9201) to the VPA Fund, $2,934,254 (Account 093100-9204) to the Debt Service Fund, $9,418,293 (Account 093100-9202, $208,012, Nursing and Account 093100-9203, $9,210,281, Operations) to the School Fund, and $10,000 (Account 093100-9207) to the Piney River Sewer Fund. The amounts transferred from the General Fund to the VPA Fund, Debt Service Fund, School Fund, and Piney River Sewer Fund are also included in the total appropriation for each of these funds.

The Capital Fund appropriation includes the transfer of $608,354 (Account 093100-9108) to the Debt Service Fund. The amount transferred from the Capital Fund to the Debt Service Fund is also included in the total appropriation of the Debt Service Fund.

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

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

     Adopted:    June 13, 2006                      Attest:____________________________, Clerk
Nelson County Board of Supervisors

XI.    Public Comments – None

II.    Consent Agenda

    I.    Resolution – Job Description (Administrative Assistant/Deputy Clerk)
Steve Carter presented to the Board the current and proposed job description for the position vacated by Ms. Virgie Carter. There are some changes in the duties and responsibilities. The salary range is between $20,000 and $50,000. Ms. Brennan said she would like to see more community relations functions from this position - someone who will present a public-friendly image and produce a newsletter of Board activities. Mr. Carter said his preference is to promote from within the County personnel; however, the vacancy will be advertised, with the Board’s approval of the job description. Mr. Harvey said he would prefer that the position be filled as an Assistant County Administrator function.

On a motion by Mr. Hale, seconded by Mr. Bruguiere, Supervisors voted 4-1 (Mr. Harvey voting no) to proceed with the advertising of the Administrative Assistant/Deputy Clerk position, as described in the proposed job description. Mr. Harvey said he felt the Board should have some input into the decision before a final decision is made.

RESOLUTION
REVISION AND RE-AUTHORIZATION
OF JOB DESCRIPTION FOR POSITION OF
ADMINISTRATIVE ASSISTANT/DEPUTY CLERK

    RESOLVED, by the Nelson County Board of Supervisors that the revised job description for the employment position of Administrative Assistant/Deputy Clerk, as is attached hereto, be and hereby is approved.

June 13, 2006

Adopted: June 13, 2006
Attest: ____________________________, Clerk                Nelson County Board of Supervisors

V.    New Business - None

VI.    Reports, Appointments, Directives, and Correspondences

    A. Reports

The Staff Report will be available at a later date.

Mr. Hale reported that Mrs. Lingo has been consulted about the purchase of 100 ft. of property at the rear of the Courthouse. If no confirmation is received by June 30, the Board will reconsider the next step. Mr. Hale will meet with the architect on June 14 to discuss the land situation. Mr. Hale also reported that the site across from the VDOT building in Shipman is a good one for a convenience center. An engineering study is needed and Massie Saunders, Surveyor, is working with the County on this. It would be joint venture with Nelson County Community Development Foundation. Mr. Krieger (NCCDF) and Mr. Saunders will continue to talk with Mr. Craig, owner of the property. Mr. Hale said that the community center site Massies Mill has raised many concerns. There is no recommendation at this time, and maintenance on the building is on-going.

Ms. Brennan reported:
•    Mr. Boger attended the Thomas Jefferson Planning District meeting where the current operator for the One-Stop Center in Culpeper was chosen as the operator for the One-Stop Center in Charlottesville. Officers were nominated with Ms. Brennan being elected as Vice Chair; however, there was no quorum so no vote was taken.
•    Ms. Brennan then reported on attending two meetings of a regional committee looking at the feasibility of establishing a regional industry around sustainable forestry which emphasizes harvesting trees that protect the entire forest.
•    At a meeting of the Virginia Association of Counties, the process for establishing legislation priorities began.
•    Mr. Hale, Mr. Bruguiere and Ms. Brennan attending the opening ceremony of the Delfosse Trail which is now open.
Mr. Harris attended the Social Services board meeting where there was a discussion on companion aid, aid to shut-ins, etc. No action was taken.

Mr. Harvey asked if any action was being taken on the Nellysford plan. Mr. Boger replied that maps are being prepared and additional meetings will be held.

    B. Appointments

Mr. Carter distributed a list of vacancies on County Boards and Commissions and requested that this item be postponed until the July meeting.

C.    Directives

Mr. Bruguiere reported that of the 31 apartments available at the Ryan School Apartment complex, 17 have been rented. Advertising of the facility is needed since many citizens don’t know it is now open. He also stated that the driveway from Food Lion down to Thomas Nelson Highway has a large drop-off in the right side which needs to be fixed. Mr. Carter will bring this to the attention of the Zoning and Building Inspections offices so that they can contact the owner, Mr. Doug Long.

Mr. Harris said that the Board needs to discuss further the two options proposed by the County Administrator for solid waste sites.

Ms. Brennan congratulated the Wintergreen EMS for being elected Outstanding Regional EMS Organization. She reminded the Board of David Blount’s request for input on revising the timeframe for legislative processes. She also stated that the home on Stoney Creek Road that was burned recently is an eyesore and probably dangerous, and asked if the County has any policy regarding the demolition of such buildings. Mr. Carter said that an ordinance could be adopted to address this issue if the structure is a threat to the well being and safety of citizens. Ms. Brennan asked about the Wintergreen project and was told by Mr. Carter that the conservation easement is being worked on and the project is moving ahead.   Ms. Brennan asked if the July meeting date could be changed. She advised the Board that Wintergreen Performing Arts summer festival begins July 6.

D.    Correspondence

Mr. Carter will send to the Board correspondence regarding the status of rural rustic roads in Nelson County.

VII.    Closed Meeting

On a motion by Mr. Hale, seconded by Ms. Brennan, Supervisors voted unanimously by roll call (5-0) to go into closed session to discuss a personnel matter pursuant to ξ2.2-3711 (A) (1) of the Code of Virginia, involving employees’ performance.

On a motion by Ms. Brennan, seconded by Mr. Hale, Supervisors voted unanimously by roll call (5-0) to return from closed session.

On a motion by Mr. Hale, seconded by Ms. Brennan, Supervisors voted unanimously by roll call (5-0) to certify the closed meeting as follows: The BOS closed session was conducted to discuss personnel matters and no other matters were discussed during this closed session.

XII.    Adjournment

Due to July 11 conflicts with several Board members, Mr. Hale made a motion to reschedule the July 11 meeting to Monday, July 10, at 2:00 P. M. in the Board of Supervisors meeting room.

On a motion by Mr. Hale, seconded by Mr. Harvey, Supervisors agreed unanimously by roll call (5-0) to compensate the County Administrator in accordance with other County Staff, retroactive to July 1, 2005, and to provide a 2006 pay increase that is consistent with other County employees.

Mr. Bruguiere then provided a second to Mr. Hale’s earlier motion to reschedule the July meeting. Supervisors agreed unanimously by roll call (5-0) to reschedule accordingly.

On a motion by Mr. Hale, seconded by Mr. Harvey, Supervisors agreed unanimously by roll call (5-0) to adjourn the June 13, 2006 meeting of the Board of Supervisors.

___________________________, Chair