Board of Supervisors: August 8, 2006

August 8, 2006

August 8, 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
       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

Absent:   Constance Brennan, Central District Supervisor

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

   A. Resolution – Minutes for Approval

   RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board’s meetings conducted on June 13, 2006 (as amended) and July 10, 2006 are hereby approved and authorized for entry into the official record of the Board of Supervisors meetings.

B.   Resolution – Budget Amendment

   BE IT RESOLVED by the Board of Supervisors of Nelson County that the Fiscal Year 2006-2007 Budget be hereby amended as follows:

I.          Appropriation of Funds (General Fund)
Amount   Revenue Account   Expenditure Account
       $ 18,143.54   3-100-002404-0017   4-100-021060-3160
            24,435.00   3-100-009999-0001   4-100-032010-8212
              8,586.00   3-100-002404-0039   4-100-032010-8212
          108,929.00   3-100-004105-0104   4-100-032030-7007
                 500.00   3-100-009999-0001   4-100-035010-5407
       $160,593.54

    II.       Appropriation of Funds (CDBG Fund)
Amount   Revenue Account   Expenditure Account
       $    2,500.00   3-503-003201-0006   4-503-094600-3002


C.   Resolution – Amendment to HOME Consortium Cooperation Agreement

   Whereas, there exists a continuing need to provide affordable housing opportunities for low and moderate income citizens; and

   Whereas, the HOME Investment Partnership Program provides financial assistance to the members of the Thomas Jefferson HOME Consortium in support of these affordable housing opportunities; and

   Whereas, the Thomas Jefferson HOME Consortium has successfully provided affordable housing opportunities for low and moderate income citizens since its inception in 1992; and

   Whereas, HUD Notice CPD 06-04 issued April 11, 2006 requires that the Thomas Jefferson HOME Consortium amend its Cooperation Agreement to add the incorporated towns by name into the agreement; and

   Whereas, continued participation in the Thomas Jefferson HOME Consortium will increase affordable housing opportunities for low- and moderate-income citizens;

   Therefore be it Resolved, the Nelson County Board of Supervisors does support the amendment to the Cooperation Agreement and authorizes Mr. Stephen Carter, County Administrator, to sign the Cooperation Agreement Amendment to add incorporated towns in the Thomas Jefferson Planning District as Units of General Local Government in the HOME Consortium.

On a motion by Mr. Bruguiere, seconded by Mr. Hale, Supervisors agreed unanimously by roll call (5-0), to approve the Consent Agenda, with the exception of one deletion in minutes of June 13, 2006, as requested by Mr. Hale.

III.   Public Comments and Presentations

A.   Public Comments

Ms. Margaret Clair spoke regarding Rockfish Valley Community Center’s boiler that needs repair or replacement before winter. At this time the boiler cannot be turned on, and if there is no heat in the winter, all programs will cease. The property is owned by the County and many hours of volunteer work have been given for upkeep. Ms. Clair requests the Board’s help in maintaining services at RVCC by providing funds for boiler repair/replacement. She invited Supervisors to tour the building.

Mr. Bill Howard also stated that the Board should find a way to replace the HVAC. The RVCC provides many services to the community and has made sizable contributions to the budget of the center. A $40,000 investment has been made in furniture and fixtures, jobs are being provided, and the Treasure Chest thrift shop revenue in 2005 was $40,000. As a result, sales tax collection continues to grow. Mr. Howard said this building could be used as part of the emergency shelter plan if an adequate HVAC system is installed.

B.   VDOT Report

Mr. Kevin Wright reported that Rural Rustic roads continue to be surface treated. The Rt. 613 bridge has been completed. The public hearing for the 6-Year Secondary Road Plan has been put on hold, awaiting information from the State on funding projects. Mr. Harris asked that more stone be placed on the road at the end of South Powells Island Road (Rt. 662) and if possible, to place it on the Rural Rustic road list, if it isn’t already there.

C.   Dr. Lilian R. Peake, Director, Thomas Jefferson Health District

Mr. Carter introduced Dr. Peake who brought to the Board a briefing on pandemic influenza. The TJHD monitors communicable diseases and intervenes in outbreaks of infectious diseases. She spoke specifically about the Avian Influenza H5N1 Virus which originates from birds. Mr. Hale asked if this area was more susceptible to this virus because of the large amount of poultry in the Valley. Dr. Peake stated that the outbreak a few years ago which required the extermination of many turkeys and chickens was contained and did not spread to humans. She thanked the Board for their proactive stand in educating the public about this virus.

D.   2007 Bicentennial Committee

Ms. Helen Driver, representing the Nelson County Bicentennial Committee, discussed with the Board the 2007 bicentennial event schedule. The proposed budget of $70,550 for July 1, 2006 through December 31, 2007 was presented, with income of $15,000. Ms. Driver requested that the Board allocate funds toward the activities surrounding this 200th anniversary of Nelson County.

E.   Mr. David C. Blount, Legislative Liaison, TJPDC

Mr. Blount is developing the first draft of the 2007 TJPD Legislative Program. He asked the Board to submit issues that they felt should be included in the program. He will return in September or October to discuss the final report. Supervisors were asked to present changes or additions to Mr. Carter via e-mail in order to compile the information and disperse it to Mr. Blount.

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

   B. JAUNT – Funding Request
Ms. Donna Shaunesey of the JAUNT Board reported to Supervisors that a 4% cut in State funding has caused a shortfall of which $4,600 is Nelson County’s share. Options for Nelson include eliminating weekly service to Lynchburg and raising fares for the three day a week trip to Charlottesville. With an additional $2700 from the County, service to Lynchburg could be eliminated and existing fares could be maintained.   JAUNT’s budget must be submitted today, August 8, 2006. Mr. Carter said the fares haven’t been raised since 1999. Mr. Bruguiere said the fares charged today are not realistic and taxpayers are carrying the burden. He suggested eliminating service to Lynchburg and increasing fares to $5.00. Mr. Carter said the $2700 is available due to the unfilled vacancy for Deputy Clerk. Mr. Harris agreed with providing the $2700 supplement, citing the many benefits of this service. Mr. Harvey was concerned that this might set a precedent when the State realizes the County will subsidize the shortfall. Mr. Bruguiere stated again that he didn’t feel taxpayers should subsidize, due to the $80,000 already provided in the budget.
In a motion by Mr. Hale, seconded by Mr. Harvey, Supervisors voted 3-1 (Mr. Bruguiere voting no) to provide the additional funding of $2700.00 to JAUNT.
   A. Solid Waste Project
Mr. Carter presented a proposal from George Krieger for the Nelson County Community Development Foundation to partner with the County to acquire 16.7 acres of property on Rt. 56 in Shipman to locate and provide a Solid Waste Collection Facility for the County and to develop affordable rental housing units for NCCDF, for a total of $170,000 ($120,000 from NCCDF and $50,000 from the County).
Mr. Carter recommended the purchase and stated that a public hearing is not required for acquisition of the property.
On a motion by Mr. Hale, seconded by Mr. Harvey, Supervisors voted 4-0 to authorize the County Administrator to act on behalf of the Board for the joint purchase of property located on Rt. 56 to be used for a Solid Collection Waste Facility for the County and housing developed by the NCCDF.
Mr. Carter and Mr. Krieger will finalize the agreement and bring it back to the Board for final approval. Mr. Massie Saunders, Surveyor, will work with the County and NCCDF to determine the best location for the waste collection site. The entrance will be the responsibility of the County, and NCCDF will be responsible for the remainder of the infrastructure.

V.   New Business
None.
VI.   Reports, Appointments, Directives, and Correspondences
   A. Reports.
Following is a summarization of Mr. Carter’s report.
1. Budget – There is additional available funding of $367,739 to be considered for appropriation and use in FY 06-07.
2. Courthouse/Government Center Project – Wiley and Wilson’s conceptual plan incorporating portions of the 19+ acres recently acquired by the County and the 7/10ths acre of proposed acquisition from Ms. J. T. Lingo will be presented to the Board at the September 12, 2006 regular meeting.
3. Solid Waster Project - Concrete pad repairs for the transfer station are necessary and will be advertised for bids following project design. Amherst County landfill facility will be used while repairs are done. A new sewer system is being designed to separate the animal control shelter from the transfer station. Purchase of a new excavator is out for bids. The County is continuing to participate in the Region 2000 Solid Waste Initiative project. The County will submit to VA-DEQ documentation to request an end to the gas monitoring program. DAA will meet with DEQ to discuss DEQ’s requirement that an additional monitoring well be installed.
4. Paid EMS Project – Personnel are in place. Staff is working with DAB to implement the revenue recovery program. Mr. Hale requested an updated list of EMS personnel.
5. Piney River 3 Project – Draft agreements has been drafted for connection of the County’s water and wastewater systems to the Authority’s facilities and for provision by NCSA of operations and maintenance services. Over 120 documents were mailed to potential applicants in the area. User agreements should be completed by October.
6. Other Projects – Staff will meet with LPDA this month regarding the Lovingston Revitalization project and report to the Board in September. Meetings are planned for the Nellysford Planning Project which include steering committee, public walk-abouts, and a community meeting. Approval is pending for Schuyler Historic District’s nomination to the registry of national historic places. Two flag poles and other materials have been ordered for the Veterans Memorial. Wingate Appraisal Services has been selected to complete the 2008 general reassessment with final contract negotiations and execution pending completion. Staff is providing additional information and changes to the agreement between NCSA and the Millennium Group (Nelson Heritage Center) for providing water services to three properties located on the east side of Rt. 29. NCSA is developing an application for funding for the Gladstone Water System Project which will completely refurbish the existing system. The Whitesell Group is nearing completion of the environmental review of the Blue Ridge Tunnel Project. Mr. Boger facilitated a pre-contract meeting on July 28 for the Virginia Blue Ridge

Railway Trail project. Bid proposals are due the week of August 21. The planning phase for the Region 2000 Water Supply Planning Project is nearing completion. A draft report will be distributed to localities this month. Nelson County’s projected funding is $30,967 of the total estimated cost of $376,500. A regional hearing will be required prior to the adoption of the plan. The Ryan School Apartments project is complete. Local rescue squads have expressed concern about not being able to obtain access to the apartments in times of emergency. This has been discussed with JABA. A draft ordinance on the local motor vehicle license tax (decals) is being developed for submission to the Board. Proposals for architectural services for the Tourism-Visitors Center Project on Front Street are being completed.
7. Personnel – Six applications have been received for the position of Administrative Assistant/Deputy Clerk. A decision on interviews with prospective applicants will be made soon.
8. A Board of Supervisors retreat will be scheduled for late September or October, 2006.
9. Reports (Departments and Offices) – These are being sent via e-mail. Supervisors are asked to give feedback on how this is working for them.
10. Other Items of Interest – Regarding the defibrillators being purchased by the Sheriff’s Department, County staff are addressing this matter. Mr. Carter has talked with Mr. Collins about 2 x 2 meetings. Susan Rorrer will give a report on GIS at the regular September meeting. A draft of Purchase of Development Rights Program was prepared and distributed by Mr. Boger.
Mr. Hale reported that the search continues for a Faber site for solid waste collection. Mr. Bruguiere also reported on solid waste collection at Massies Mill. He recommends that the Board move forward with negotiations to purchase property at the community center for this purpose. A meeting will be arranged with Mr. Massie Saunders, Mr. Carter, Mr. Harris, Mr. Bruguiere and a representative from the community center.
Mr. Harvey initiated discussion on the Rockfish Community Center project and whether the job would be publicly bidded. Mr. Carter said the proposal submitted by representatives of the center identifies the scope of the project but is not all inclusive with respect to next steps. At this time no cost estimates have been given because the system must be engineered before a bid can be requested. Mr. Carter acknowledged concern over the time and money involved in making this installation.
Mr. Boger attended the Thomas Jefferson Planning District meeting and reported that Senate Bill 699 calls for planned rezoning and special and conditional use permits be sent to VDOT for approval.

B. Appointments
Mr. Carter presented a resolution for reestablishment of staggered terms for appointees to the Economic Development Authority of Nelson County in accordance with bylaws of the committee. Mr. Harris recommended holding this until September in order to notify EDA of this action. Mr. Bruguiere requested from Mr. Carter a summary of all Board appointees and the terms already served.
On a motion by Mr. Bruguiere, seconded by Mr. Hale, Supervisors voted unanimously by roll call (3-0) to appoint Ms. Kathy Tolton to the Region 10 Board. (Mr. Harvey was out of the room when this vote was taken.)
Mr. Harris requested that an updated appointments list be resubmitted in September.
B.   Directives. None
C.   Correspondence (The order of agenda items was changed as follows.)

2.   Rockfish Valley Community Center

Mr. Carter reiterated that a report has been submitted with a request for replacement of the HVAC system. The Board was invited to tour the facility. If the Board agrees to move forward with assisting the Center, Mr. Carter recommends consideration of full replacement rather than interim repairs or short-term installations which could result in additional expense in the long run.

1.   Commonwealth Attorney

Mr. P. D. Payne, IV has requested that Victim/Witness Director, Jonae Buckley, receive the salary supplement appropriated for constitutional offices. On a motion by Mr. Harvey, seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (4-0) to extend the salary supplement to Jonae Buckley, Victim/Witness Director.
VII.   Closed Meeting
Going into closed session, Mr. Hale stated: “Motion is made pursuant to Section 2.2-3711.A.1 and 7 of the Code of VA, 1950, that the Nelson County Board of Supervisors hold a closed meeting for the following purposes: Discussion, consideration of prospective candidates for employment; assignment, promotion, performance, salaries and resignation of employees of the local government; and, consultation with legal counsel and briefings by staff pertaining to possible litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, and, consultation with legal counsel employed by the public body regarding specific legal matters requiring the provision of legal advice by such counsel. Mr. Harvey provided the second and Supervisors voted unanimously by roll call (4-0) to go into closed session.

Return from Closed Meeting: Mr. Harvey made a motion to return from closed session, Mr. Hale provided the second, and Supervisors voted unanimously by roll call (4-0) to return from closed session.
To certify the closed meeting, Mr. Hale stated: “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 Supervisors voted unanimously by roll call (4-0) to certify the closed meeting.
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 the meeting and reconvene at 7:30 P. M.
EVENING SESSION
7:30 P. M. – Nelson County Courthouse
IX.   Public Hearings
   A. Final Subdivision Plat – RoseWood Village
Mr. Boger reported that Mr. Shareef Tahbaub and Ms. Virginia Tahboub have submitted the final subdivision plat for Phase 1 of RoseWood Village at Stoney Creek, consisting of 25 lots for patio homes and 2 additional lots for future development. Staff has reviewed the plan, finds it in compliance with subdivision requirements, and recommends its approval. E & S and Stormwater Management Plan was approved by Thomas Jefferson Soil & Water Conservation District on July 28, 2006. Prior to construction, a VPDES construction permit must be obtained from the Va. Department of Conservation and Recreation and a Responsible Land Disturber designated.
The public hearing was opened.
Mr. Tahboub expressed thanks to Mr. Boger and the County for the opportunity to bring this project to Nelson County.
The public hearing was closed.
On a motion by Mr. Bruguiere, seconded by Mr. Harvey, Supervisors voted unanimously by roll call (4-0) to approve the final subdivision plat for RoseWood Village. Mr. Carter stated that it had been a pleasure working with the Tahbaubs and appreciated their assistance and cooperation during this process.


B. Amendment of Water and Wastewater Ordinance
Mr. Carter stated that public hearing notice was advertised to amend the Water and Wastewater Ordinance. The purpose of the amendment is to delete all references to non-user fees, delete most references to availability fees, make the property owner the responsible party to apply for connection, pay fees, etc., and increase base service fees (Section 103 of Ordinance).
The public hearing was opened, there was no public comment, and public hearing was closed.
On a motion by Mr. Harvey, seconded by Mr. Hale, Supervisors voted unanimously by roll call (4-0) to adopt the resolution amending the Water and Wastewater Ordinance.

   BE IT ORDAINED by the Nelson County Board of Supervisors pursuant to the applicable provisions of Chapter 14, Article 4 and Chapter 21, Article 2 through Article 7 of the
Code of Virginia, that the Water and Wastewater Ordinance, Nelson County, Virginia be and hereby is amended and reenacted as follow:

Section 3. Definitions: “Applicant” is amended to delete “person or entity” and substitute therefor “landowner” such that the revised definition is: Applicant – shall mean any landowner requesting water and/or sewer service from the County.

Section 3. Definitions: “Availability” is amended to delete “subscriber” and substitute therefor “landowner”.

Section 3. Definitions: “Non-User Fee” is deleted.

Section 3. Definitions: Subscriber is amended to delete “person or entity” and substitute therefor “landowner”.

Section 16. Mandatory Sewer Connections: Subsection A is amended to delete “In such cases the property-owner will be billed a Non-User Fee as described in Article 10 of this Ordinance”.

Section 17. Mandatory Water Connection: Subsection A is amended to delete “In such cases the property owner will be billed a Non-User Fee as described in Article 10 of this Ordinance”.

Section 22. Application for Service: The second paragraph is amended to delete “contract owners, legal representatives of the owners, or tenants”

Section 28. Temporary Vacancy of a Premise: The second sentence is amended to delete “and Non-User Fees will apply during the period of temporary vacancy”.

Section 101. Definitions: The section is amended to delete the terms “Availability Fees” and “Non-User Fees”.

Section 101. Definitions: New Account Fees: Item B is amended to delete the term “or tenant”.

Section 103. Base Service Fees is amended to increase the Minimum Usage – Up to 4,000 gallons per month for Water to “$26.00” and to increase the Cost per 1,000 gallons, exceeding 4,000 to “$6.10/1000 gallons”. The dollar amount of the proposed increase in the Minimum Usage – Up to 4,000 gallons per month for water is $4.80 and, the dollar amount of the proposed increase in the Cost per 1,000 gallons, exceeding 4,000, is $0.45.   Specific reference to §15.2-2111 of the Code of Virginia is made with respect to the increase in water usage fees.

Section 104. Non-User Fees: Amended to delete this section.

Section 105. Availability Fees: Amended to delete this section.

The provisions of the Water and Wastewater Ordinance, Nelson County, Virginia as amended or repealed (deleted) as set forth herein shall be effective immediately.

X.   Other Business
   A. VERD TO GO LLC
Mr. Morris Foster, Land Surveyor, gave Supervisors an overview of plans for the commercial portion of Glen Mary in Nellysford. The Planning Commission approved the preliminary subdivision plat and some changes will need to be made before the final plan is submitted, i.e. apartments not permitted in SE-1 district and setbacks for roads (internal and external). Mr. Hale was of the opinion that the Board should not make a practice of reviewing preliminary plats. Until the final plat is received, input would be of little value. Mr. Harvey and Mr. Bruguiere felt it was helpful for the developer to know of items that needed to be addressed before the final plat is done. Mr. Boger said that some amendment to the zoning ordinance may also be needed to address the apartment issue and there may also need to be an exception granted for the road requirements.
XI.   Public Comments
   None.
X.   Other Business (Cont.)
Mr. Carter presented a letter from Stevie Ashley, Captain of Nelson County Rescue Squad, requesting that the vehicle formerly used by Ray Uttaro, Emergency Services Coordinator, be made available to the NCRS for use as a First Response Vehicle and/or crew transport. Mr. Carter stated that the Board can make charitable donations with appropriate approval by the Board; however, it could raise expectations of other squads. On a motion by Mr. Hale, seconded by Mr. Harvey, Supervisors voted unanimously by roll call (4-0) to donate this vehicle to Nelson County Rescue Squad.

Zoning ordinance workshop meeting dates will be set at the September meeting. Mr. Boger said that clustering must be added back into the Rural Farming zoning district.
XII.   Adjournment
On a motion by Mr. Harvey at 8:15 P. M., seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (4-0) to adjourn the August 8, 2006 meeting of the Nelson County Board of Supervisors.

______________________, Chair