Board of Supervisors: September 12, 2006

September 12, 2006

September 12, 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 2:00 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

   A. Resolution – Minutes for Approval

Due to lack of time to review the August minutes, Supervisors requested that the August 8 minutes be pulled from the agenda and reviewed for approval in October.

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
       $    3,203.00   3-100-001201-0001   4-100-012010-1001
                 245.00   3-100-001201-0001   4-100-012010-2001
                 460.00   3-100-001201-0001   4-100-012010-2002
                   14.00   3-100-001201-0001   4-100-012010-2006
       $     3,922.00   Subtotal County Administrator

       $ 41,961.00   3-100-002301-0001   4-100-022010-1001
              3,210.00   3-100-002301-0001   4-100-022010-2001
              6,030.00   3-100-002301-0001   4-100-022010-2002
              3,566.00   3-100-002301-0001   4-100-022010-2005
              2,398.00   3-100-002302-0001   4-100-022010-2005
                 189.00   3-100-002301-0001   4-100-022010-2006

       $ 57,354.00   Subtotal Commonwealth Attorney

       $    2,700.00   3-100-001201-0001   4-100-091030-5611
       $    2,700.00   Subtotal Non-Departmental (JAUNT)

       $   22,108.00   3-100-002302-0001   4-100-999000-9901
               5,838.00   3-100-002303-0001   4-100-999000-9901
               6,121.00   3-100-002304-0001   4-100-999000-9901
               8,499.00   3-100-002307-0001   4-100-999000-9901
             84,543.00   3-100-001201-0001   4-100-999000-9901
       $ 127,109.00   Subtotal Contingency

       $ 18,370.00   3-100-009999-0001   4-100-042030-9901
            81,000.00   3-100-009999-0001   4-100-091050-1001
            13,830.00   3-100-009999-0001   4-100-091050-7060
       $113,200.00   Subtotal Special Projects

       $304,285.00   TOTAL GENERAL FUND APPROPRIATIONS


C.   Resolution – Virginia Blue Ridge Railway Trail

RESOLVED, by the Board of Supervisors of the County of Nelson, VA that the County Administrator, Stephen A. Carter, is hereby authorized to execute on behalf of Nelson County the Amendment to Project Development and Administrative Agreement, Nelson County Virginia Blue Ridge Railway Trail, Project EN99-062-120, PE101, C501, C502 – UPC# 51997 and #75466 with the Virginia Department of Virginia Transportation.

Said agreement amendment addresses the recent $204,565 SAFETEA-LU High Priority allocation to the subject project such that the project’s total federal allocation, combining Enhancement and High Priority funds, is now $1,282,565.

   D. Resolution – Purchase Agreement (Massies Mill Recreation Center, Inc.)

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 three (3) acres, more or less, with right of ingress from Massies Mill Recreation Center, Inc. with the purchase price of the aforesaid property(s) being nine thousand dollars ($9,000.00) per acre less outstanding financial obligations owed by the seller to the purchaser with said purchase amount to be disbursed from budgetary funding established in the County’s General Fund.

E.   Resolution – Drought Declaration

   WHEREAS, Nelson County has seen significant shortages in rainfall, with regional averages of about 60% of normal for July and 30% normal for August (through the 22nd); and

   WHEREAS, the above shortages of rainfall has reduced pasture, hay and grain crops below 35% of normal; and

   WHEREAS, the ramifications of dry weather have affected our hay harvest which is 40% - 50% below our average; our pastures’ output has only been 50% of normal and corn and soybean yields will be down by 35%; and the County’s fruit tree and vine industries cannot be determined at this time; and

   WHEREAS, drought conditions in Nelson will significantly reduce farm income:

   NOW, THEREFORE BE IT RESOLVED, by the Nelson County Board of Supervisors on this 12th day of September, 2006, that the Board hereby instructs the County Administrator to file with the Governor of Virginia to have Nelson County declared a drought disaster area.

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 carrying forward to October the minutes for August 8, 2006.

III.   Public Comments and Presentations

A.   Public Comments

Mr. Lewis Elliott owns property on both sides of the Virginia Blue Ridge Railway Trail. He expressed concern about how private property will be separated from trail property, how the area will be policed for proper use, and who will be held responsible if someone is hurt while on the trail or the private property running along the trail. Mr. Carter suggested that Mr. Elliott’s property be posted with “No Trespassing” signs. Mr. Elliott stated that ATVs are now using the trail and adjoining properties. This type vehicle is not allowed on the trail and violations will be handled by law enforcement. Mr. Carter said the County mows grass along the trail and community groups assist with trash pick-up. Mrs. Elliott said that Amherst County is placing a fence on the Amherst side of the trail and they would like to have a fence also. Mr. Hale said that when construction on the trail is finished, a fence may not be needed if trail regulations are followed. The fence Amherst Co. is installing will be County-funded and is not a part of the trail project. Mr. Harvey asked Mr. Elliott to let the County Administrator know of any problems that arise and they will be addressed and taken care of. Mr. Elliott expressed appreciation for the support of the Board in listening to concerns and being willing to take action, if necessary.

Ms. Paulette Albright expressed concern about the Gladstone waste collection center and said she would like to see the County consider partnering with Amherst County for better collection in that area.

B.   VDOT Report

Mr. Kevin Wright reported that work is starting on Rt. 620 and additional Rural Rustic roads will be surface-treated in spring, 2007. In response to a question by Mr. Hale, Mr. Wright stated that Supervisors should work with the local VDOT superintendents for local road issues. Mr. Hale pointed out that the soapstone sign at the entrance of Nelson County is covered with vegetation which obscures view. On Rt. 6 and Cove Creek Road, there is a deep bump at the

bridge, and at the entrance to the road into Faber post office, kudzu has grown and is obscuring the entrance into Rt. 6. The post office road is also in need of surfacing. Mr. Wright said the railroad owns this road and some gravel have been placed on it. Mr. Bruguiere said some adjustment is needed on the Lane Ford Bridge, a new guardrail placed on Harper’s Creek, and both ends of Jack’s Hill Road need repair. Mr. Harvey said the Nellysford entrance sign is grown over with trees and that the guardrail needs to be raised on Rt. 6 near the river. He asked about the progress of the reduced speed limit sign through Nellysford. Mr. Wright will review and advise.

IV.   Unfinished Business

   A. 2007 Legislative Program (TJPDC – D. Blount)
Mr. Blount summarized for the Board the first draft of the 2007 Thomas Jefferson Planning District Legislative Program. This has been reviewed once by the TJPDC who agreed on 5 action items: Transportation, Local and State Revenues, Comprehensive Services Act, Public Education Funding, and Land Use and Growth Management. Ms. Brennan asked that legislation for wineries be reviewed and discussions held with winery owners to determine the best position for the TJPDC to take in order to assist wineries with sale and distribution of their products. Mr. Blount will continue to work with Steve Carter and Maureen Corum on the winery issue.
   B. Budget Request (2007 Bicentennial Committee)
Mr. Carter reported that following a report by the committee in August, several items were added which would be bought and sold to the public, i.e., posters, banners/flags, etc. There is undesignated money available if the Board chooses to use some of it for these uses. The bicentennial celebration is an opportunity for Nelsonians to recognize their heritage, and activities throughout the year should bring tourists to the County. Mr. Hale questioned whether 50,000 special brochures were necessary since the bicentennial is mentioned in the current County brochure. Mr. Bruguiere suggested reducing the amount and cost of fireworks.
Ms. Brennan expressed interest in the County’s participation in events surrounding the National Association of Counties annual convention in Richmond and the National Liberty Memorial being established in Washington for African American soldiers injured in the Revolutionary War.
On a motion by Mr. Hale, seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (5-0) that $50,000 be provided for the Nelson County Bicentennial project. Further, it is recommended that the Bicentennial Committee look carefully at the expenditures for possible adjustment and reduction.
V.   New Business
   A. Resolution – Bond Issuance by Economic Development Authority
Mr. Carter presented a resolution to the Board requesting consent for the EDA of Nelson County to issue $7.7 million in revenue bonds on behalf of the Kappa Sigma Endowment Fund. Mr. Paul Jacobsen of Sands Anderson Marks and Miller presented a fiscal impact statement. The

EDA will benefit financially from the issuance of these revenue bonds albeit the purpose of the financing does not directly benefit an entity located in Nelson County. The proposed financing is not anticipated to have an adverse impact on potential uses of bank qualified, tax exempt monies by Nelson County in the calendar year 2006 although the Board may wish to utilize the remaining $2.3 million in bank qualified, tax exempt funds remaining in 2006 for County projects, i.e. solid waste and possibly visitor’s center.
On a motion by Ms. Brennan, seconded by Mr. Hale, Supervisors voted unanimously by roll call (5-0) to adopt the following resolution:

WHEREAS, the Economic Development Authority of Nelson County, Virginia (the “Nelson Authority”) has considered the application of Kappa Sigma Endowment Fund (the “Endowment”), a Section 501(c)(3) entity formed as an Illinois Trust and Scottsville Road Holdings, LLC, a Virginia limited liability company (the “Company”, together with the Endowment, the “Borrower”), both exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), both based in Albemarle County, Virginia and each having its principal place of business at P.O. Box 5643, 2020 Avon Court, Suite 29, Charlottesville, Virginia, 22905 in Albemarle County, Virginia; and

WHEREAS, Borrower has requested that the Nelson Authority issue its revenue bonds or notes in an amount not to exceed $7,700,000 (the “Bonds”) pursuant to the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended (the “Act”) the proceeds from which Bonds will be used to assist the Borrower in financing the acquisition, construction, equipping and furnishing of the Endowment’s new National Headquarters and Museum facility of approximately 22,000 square feet and 3 stories to be located on approximately 8.356 acres, more or less (the “Facility”) in Albemarle County, Virginia to be known as 1612 Scottsville Road, Charlottesville, Virginia, fronting on the West Side of State Route 20 approximately 2 miles from the intersection with I-64 and Route 20 across the highway from Carter’s Mountain, in Albemarle County, Virginia and to pay costs of issuance;

WHEREAS, the Borrower has described the benefits to Nelson County, Virginia (“Nelson County”) and the Nelson Authority has, after public hearing, recommended to the Board of Supervisors of Nelson County its approval of the issuance of the Bonds by the Nelson Authority under the Act in such amounts as may be necessary to finance the cost of the Facility and to designate the Bonds as “qualified tax-exempt obligations” under Section 265(b)(3) of the Code;

WHEREAS, the Facility will also benefit Albemarle County, Virginia (“Albemarle County”) and the Borrower has requested the Industrial Development Authority of Albemarle County, Virginia (the “Albemarle Authority”) to recommend to the Board of Supervisors of Albemarle County its approval of and concurrence with the issuance of the Bonds by the Nelson Authority under the Act, in such amounts as may be necessary to finance the cost of the Facility;

WHEREAS, Section 147(f) of the Code provides that both the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity

bonds is located and the governmental unit on behalf of which such bonds are issued must approve the issuance of the bonds after public hearing; and

WHEREAS, Section 15.2-4905 of the Act provides that if a locality has created an industrial development authority, no industrial development authority created by a second locality may finance a facility located in the first locality unless the governing body of such first locality concurs with the inducement resolution adopted by the industrial development authority created by the second locality;

WHEREAS, the Facility to be financed through the issuance of the Bonds is located in Albemarle County and the Board of Supervisors of Albemarle County constitutes the highest elected governmental unit of Albemarle County;

WHEREAS, the Board of Supervisors of Albemarle County has created the Albemarle Authority pursuant to the Act; and

WHEREAS, the Board of Supervisors of Nelson County constitutes the highest elected governmental unit of Nelson County; and

WHEREAS, the Board of Supervisors of Nelson County has created the Nelson Authority pursuant to the Act; and

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF NELSON COUNTY, VIRGINIA:

1.   The Board of Supervisors of Nelson County hereby approves the financing of the Facility and the issuance of the Bonds by the Nelson Authority for the benefit of the Borrower, as required by said Section 147(f), to permit the Nelson Authority to assist in the financing of the Facility.

2.   The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower or otherwise indicate that the Facility possesses any economic viability. As required by the Act, the issuance of the Bonds as requested by the Borrower will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, Nelson County, Virginia or Albemarle County, Virginia. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Nelson Authority, Nelson County, Virginia or Albemarle County, Virginia shall be obligated to pay the Bonds, or the interest thereon, or other costs incident thereto, except from the revenues and monies pledged therefore, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the Nelson Authority, Nelson County, Virginia and Albemarle County, Virginia, will be pledged to payment of principal of such Bonds or the interest thereon or other costs incidental thereto.

3.   The Board of Supervisors of Nelson County hereby designates the Bonds as “qualified tax-exempt obligations” for the purpose of Section 265(b)(3) of the Code. The Nelson Authority and Nelson County do not reasonably anticipate issuing more than $10,000,000 in qualified tax-exempt obligations during calendar year 2006 and neither the Nelson

   Authority nor Nelson County will designate more than $10,000,000 of qualified tax-   exempt obligations pursuant to Section 265(b)(3) of the Code during such calendar year.

4.   The issuance of the Bonds shall be contingent upon the approval thereof by, and concurrence of, the Board of Supervisors of Albemarle County.

5.   This resolution shall take effect immediately upon its adoption.
B. Resolution – Expansion of Wintergreen Valley Utility Company
Mr. Carter reported that Mr. Stuart Sadler, Attorney at Law, has requested the Board’s endorsement of an application to expand Wintergreen Valley Utility Company’s service area to include tax parcels 21-A-88, 89, 92, 104A & 105, and indicated that Staff was recommending favorable approval. Mr. Sadler stated that the Board endorsed an application last year for 29 acres which has not been submitted to the S.C.C. due to litigation. The new application will contain all of the above parcels as well as the 29 acres. Mr. Harvey stated that water is not the only issue; rather, the issue is how the area will be developed in the future. If water is available, zoning will need to be changed. Mr. Sadler said that his purpose is to inform the County of what is being done before looking at uses. Once water is available, the area may become higher density than it is presently. Once water and sewer are available, property owners have options for developing their property. Mr. Harvey stated that no one in Nellysford will benefit from this extension, just the developer(s) of the designated properties, and that he doesn’t want to see the small property owners subjected to adjacent large, high-density developments. Ms. Brennan asked if the County is required to approve the application and Mr. Sadler stated it was not; however, it provides an opportunity to extend water and sewer, if needed. Mr. Bruguiere asked if other property owners would be allowed to hook up and Mr. Sadler said hook-ups would be for the designated service area only. Ms. Brennan said that if a large number of property owners want to connect, they would have to reapply as they do currently. This would lead to more intense development than the area is ready for at this time. Mr. Hale pointed out that the parcels to be added are not contiguous which means that selective service will be provided. He is not comfortable with that approach. Mr. Carter said the Board has the option to defer the resolution until the application is more specific. The Board chose to take no action on the resolution.
   C. Nelson Memorial Library – HVAC Replacement
Mr. Carter reported that there is a large drip pan on the existing HVAC unit in the attic of the library that is destined to fail. County staff initially evaluated the condition of the system and recommended replacement rather than repair. Wiley and Wilson was then contacted and requested to complete an evaluation of the HVAC system, along with County staff. Mr. Bruguiere suggested that the contractor be given the entire job rather than paying Wiley and Wilson $3000 to oversee the job. The proposed resolution was tabled until bids have been requested and received.
   D. Geographic Information System Project (Presentation)
Mr. Carter stated that Susan Rorrer, E911 Coordinator, has been working with Amy Walters of Timmons Group on the GIS project for the County. E911 CAD Conversion – CAD to GIS conversion is complete, with data provided to GeoComm. Tax Parcel Conversion - Approximately 15,000 tax parcels have been converted from hardcopy tax maps and are

currently being reviewed by County staff, with a target completion date of October 31, 2006. Parcel Conversion for Reassessment – All parcels will be captured as part of the conversion process and all deeded tracts of land assigned a parcel number by the County which will allow the GIS, CAMA database and deeds to be aligned. Mr. Carter that GIS will be a capable analytical tool for users on the Internet and County staff and commended Ms. Rorrer for a job well done. Zoning map adjustments will be addressed in the future.
V.   Reports, Appointments, Directives and Correspondences
   A. Reports (Board of Supervisors’ Committees and County Administrator)
Mr. Hale said that solid waste had been addressed today with the passing of a resolution to purchase property from the Massies Mill Recreation Center.
Ms. Brennan reported that the Thomas Jefferson Planning District has prepared a draft of the annual report which will be distributed around October 20. A pamphlet on transportation issues for children is being developed, to hopefully be used in the public schools in the region. A Regional Transit Authority has been developed within Charlottesville & Albemarle County which may include other counties in the future. Piedmont Workforce will have a walk-thru of the Nelson Center on September 18. The Seniors committee met on August 28 and discussed the Lifesaver program which is designed to find those persons who wander away from their residences. Computer classes for seniors are being planned at the Nelson Center. Rockfish Valley Community Center – volunteer needed for the position of program manager. JAUNT has expressed appreciation of the additional funding granted by the Board in August. The Virginia Association of Counties legislative agenda appears to be more participatory than in past years. Ms. Brennan serves as Chair of the Health and Human Services Committee of VACO and work is being done to identify the most pressing issues for the upcoming General Assembly session. Ms. Brennan has been elected Vice Chair of the TJPDC for the upcoming term.
Mr. Harris reported on Seniors being brought to the Nelson Center from Gladstone and possibly other senior centers from time to time. Seniors at the Nelson Center have agreed to give up one of their days so that transportation can be provided to the other centers. Non-profit status for the Gladstone Community Center was discussed. The Social Services director is having difficulty finding aides, and is looking into other options for providing care for seniors. The minimum wage salary is a deterrent to hiring full-time aides.
Mr. Bruguiere added that the solid waste project at the Massies Mill site should begin by January 2, 2007.
Highlights of Mr. Carter’s staff report follow. (1) Year-to-date budget information is not sufficient to enable staff to advise the Board of any specific trends, negative or positive, with respect to overall revenues and expenditures projected through 6/30/07; (2) There is a Memorandum of Understanding between the Nelson County Community Development Foundation and the County and the seller for property acquisition in Shipman for a joint housing and solid waste collection project; (3) NolenFrisa, a structural engineering firm in Forest has been chosen to provide design services for the repair or overall replacement of the concrete pad at the transfer station. A cost estimate will be completed by September 25. It is expected to be within the $20,000-$50,000 range. Negotiations continue with Amherst County for the use of

their facility while repair/replacement is being done. (4) County staff is designing and installing a new sanitary sewer system(s) that encompasses the separation of the animal control shelter waste from the transfer station waste. (5) J. W. Burress, Inc. of Roanoke, Va. submitted a low bid of $95,621 for a Daewoo Solar 140LC-V model excavator, inclusive of grappling apparatus, for use at the transfer station. (6) Amherst County has indicated a willingness to reopen discussions on Nelson County’s use of Amherst’s staff Route 60 convenience station, which would provide for the closing of Nelson’s Gladstone Convenience Center. Mr. Carter asked the Board if they wanted to pursue negotiations with Amherst County. (7) The Paid EMS Project is working well and the revenue recovery process is beginning. (8) Of the 122 property owners contacted about signing up for the Piney River 3 Project, 85 have responded. (9) Several work sessions have been conducted by TJPDC staff, County staff, and Board members Harvey and Brennan on the Nellysford Planning Project. The next meeting will be held on September 26 at the Rockfish River Elementary School. (10) A ceremony dedicating the Veterans Memorial is tentatively planned for Friday, October 20, 2006, at half time of NCHS’ football game. The Chairman of the BOS has been asked to make brief remarks. (11) Negotiations are nearly complete with Wingate Appraisal Services to conduct the 2008 general reassessment of real estate which will begin in early October 2006 and be completed no later than December 31, 2006. (12) The draft zoning ordinance is pending Board input on next steps. Staff has been working on ordinances changes that are necessary due to state law changes and a summary will be provided and discussed at a meeting in the near future. (13) 2x2 meetings with Nelson County School Board personnel will resume. Dr. Collins has stated that dinner sessions are preferred. The Board suggested that meetings be alternated between breakfast and dinner meetings. (14) Building Official Mark Bolt and Mr. Carter toured the Rockfish Valley Community Center, along with representatives from the Center. The HVAC project was discussed and it is felt that another review of the boiler situation and an overall assessment of the center would be in the best interest of the County and RVCC. (15) Staff is planning a Board retreat for October. (16) Synagro has submitted applications to the Virginia Department of Health for license to land apply bio solids on four properties within Nelson County. Action will be required by the Board to determine if a local ordinance is necessary in addition to state regulations and VDH’s administration of this program.
VII.   Closed Meeting - None required.
VIII.   Recess and Reconvene for Evening Session
It was agreed by the Board to cover Appointments, Directives, and Correspondences in the evening session. On a motion by Mr. Harvey and seconded by Mr. Hale, Supervisors voted unanimously by roll call (5-0) to recess the meeting and reconvene at 7:30 P. M.
EVENING SESSION
7:30 P. M. – Nelson County Courthouse
I.   Call to Order
Chairman Harry Harris called the evening session to order at 7:30 P. M. Mr. Michael Lachance of Virginia Cooperative Extension office introduced to the Board the new 4-H Agent, Antwan Rose, who said that he will focus 100% on the youth of the County. Mr. Rose was warmly welcomed by the Board. The Board agreed to a change in agenda which included those items carried over from the afternoon session.

II.   Other Business
   A. Courthouse-Government Center Project
Mr. Randy Vaughan of Wiley and Wilson presented to the Board revised drawings of the courthouse project, utilizing the newly acquired 19 acres northeast of the present complex and the proposed additional 100 ft. of property which the County has under contract. Mr. Vaughan labeled the drawings Scheme 12A and Scheme 12B. Scheme 12A showed two separate buildings. A new 2-story building would be located where the parking lot is currently located and would house the Sheriff’s office, Social Services, Health Department, and all other county administration offices. The existing courthouse would be retained and house all court functions. A new 260 space parking area would be located on the 19-acre site with a walkway to the buildings. The historical Jefferson building and jail will be retained. Scheme 12B leaves parking in the current location with court functions housed in the existing courthouse. A new county administration building would be located on the 19-acre site with adequate parking at that location. Mr. Vaughan stated that a major decision is whether the court and county administration offices need to be separated or remain together.
Mr. Hale expressed concern for the scale and cost of the project, with Scheme 12B being the more unique of the two. He would like to see use of the entire current building with its 1940s, 1950s and 1970s additions along with the necessary new construction. Mr. Vaughan pointed out that Scheme 12B does not include school board offices. Mr. Bruguiere stated that the project is of no value to county citizens, but is designed for court and administration offices convenience. Ms. Brennan suggested holding an informational public meeting before any final decisions are made. Mr. Hale would like to see a plan utilizing the entire existing building and reducing the size of the new building, as shown on Scheme 12A. It was consensus of the Board to demolish the current Health Department building, and Scheme 12A was favored above Scheme 12B. Some modifications are needed at the entrance. The plan(s) will be presented to Judge Gamble and the court personnel for their review and input.   Mr. Vaughan said storm water management would be a priority. The overall square footage increase would be 19,500 for judicial (from 14,000 to 33,500) and 9,340 for administration (from 10,660 to 20,000).
VI.   Reports, Appointments, Directives, and Correspondences (continued from    afternoon session)
   B.   Appointments
Planning Commission – three appointments needed. Incumbents are Ms. Proulx, Ms. Russell, and Ms. Hunt and new applicants are Mr. Robert Morris, Ms. Shelby Ralston, Mr. Natt Hall, Mr. John Holman, Mr. Rob Rutherford, and Mr. Andrew Gantt II. Ms. Brennan suggested deferring these appointments and the Board unanimously agreed.
Nelson County Service Authority - On a motion by Mr. Hale, seconded by Ms. Brennan, Supervisors agreed unanimously by roll call (5-0) to reappoint Richard Sperry to the NCSA for the term July 1, 2006 – June 20, 2010.

Economic Development Authority of Nelson County – On a motion by Ms. Brennan, seconded by Mr. Hale, Supervisors agreed unanimously by roll call (5-0) to adopt a resolution to stagger the terms of office for appointees which will reestablish the four-year terms as initially established by the EDA.

   RESOLVED, by the Nelson County Board of Supervisors that the terms of appointment of the Board of Directors of the Economic Development Authority of Nelson County are hereby reestablished such that they are in accordance with the authorizing ordinance and by-laws that provided for the establishment of said Authority, including staggered appointment terms and, further, that the terms of appointment hereby reestablished shall conclude at their respective expiration date, as set forth hereafter, on June 30 and the ensuing appointment term shall, thereafter, commence on July 1.

The reestablished terms and designated appointee for each term are as follows with the appointments of Messrs. Berry and Crandall to be for completion of the unexpired term(s) of office of July 1, 2003 to June 30, 2007.

Appointee(s)                               Term

P. Erwin Berry, III                   July 1, 2003 to June 30, 2007
Steven C. Crandall                   July 1, 2003 to June 30, 2007

Stuart C. Armstrong                    July 1, 2004 to June 30, 2008
Barbara B. Powell                   July 1, 2004 to June 30, 2008

Gregory J. Kelly                   July 1, 2005 to June 30, 2009

Natt A. Hall, Jr.                   July 1, 2006 to June 30, 2010
J. Alphonso Taylor                   July 1, 2006 to June 30, 2010

BE IT FURTHER RESOLVED at the expiration of each of the terms set forth herein above that the ensuing term of each appointment shall be four years and shall continue to maintain the staggered terms of appointment, as hereby reestablished.
Library Advisory Board – On a motion by Mr. Harvey, seconded by Mr. Hale, Supervisors voted unanimously by roll call (5-0) to reappoint Ms. Ellen Bouton to the Library Advisory Board for the term July 1, 2006 – June 30, 2010.
Piedmont Housing Alliance – Ms. Brennan made a motion to reappoint Mr. Ron Enders to the PHA for the term January 1, 2006 – December 31, 2009. Mr. Hale seconded the motion and vote was taken with Messrs. Harvey and Harris passing on the vote and Mr. Bruguiere voting no. Messrs. Harvey and Harris then changed their vote to no. Mr. Bruguiere made a motion to appoint Rob Rutherford to the PHA and Mr. Harvey provided the second. Ms. Brennan disagreed with the nomination, saying that Mr. Enders has served well on the PHA board. Another vote was taken with a unanimous vote, by roll call, of 5-0 to appoint Rob Rutherford to the Piedmont Housing Alliance.

Thomas Jefferson Area Community Criminal Justice Board – Ms. Brennan volunteered to serve on this board. On a motion by Mr. Harvey, seconded by Mr. Hale, Supervisors voted unanimously by roll call (5-0) to appoint Ms. Constance Brennan to the TJACCJB.
C.   Directives
Ms. Brennan stated that the Amherst County waste collection site should be considered for use by residents in the Gladstone area. On a motion by Mr. Hale, seconded by Ms. Brennan, Supervisors voted 4-1 (Mr. Harris voting no) to authorize the County Administrator to negotiate with Amherst County to utilize their waste collection site on U. S. Rt. 60. Mr. Bruguiere suggested that a one-year trial period should be requested and then a review to determine how well it was working. Mr. Carter is currently discussing with Amherst County officials the method of payment for the services.
Ms. Brennan will be distributing to the Board an administrative 360° evaluation and survey of County citizens which could be used as a tool for improving communications with citizens. A Health Department preparedness exercise is to be held October 23 & 24. Ms. Brennan will testify on November 25 at a state meeting to give input on the fiscal impact of SOQ funding at the County level. Ms. Brennan is attempting to set up a dental program meeting in preparation for next year’s budget. Candy McGarry is working on Medicaid and Famis programs in connection with this program. Ms. Brennan suggested continuing this meeting to another date to discuss all the problems that have arisen with community centers.
Mr. Bruguiere stated that he wants to expedite establishment of collection centers as soon as possible.
Mr. Carter has received the final form of the agreement between the County, Nelson County Community Development Foundation, and the seller to purchase property in Shipman for solid waste collection and affordable housing. On a motion by Mr. Hale, seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (5-0) to authorize the County Administrator to execute the required documents in pursuance of establishing a solid waste collection center on property the County has already agreed to purchase.
Mr. Harvey stated that he would like to see the Board continue tonight’s meeting to September 26 for the Nellysford community meeting. Mr. Carter will discuss this with the County Attorney to determine the legality of this continuation.
Mr. Harvey requested that his legal expenses be paid by the County in connection with the investigation into his conduct as a Supervisor. On a motion by Ms. Brennan, seconded by Mr. Bruguiere, Supervisors voted 4-0-1 (Mr. Harvey abstaining) to pay Mr. Harvey’s legal expenses. Mr. Bruguiere added that this case of “sour grapes” has cost citizens a lot of money, and it is the obligation of the County to pay these expenses. Mr. Hale said this has been a travesty and that the “vendetta” has been costly to the County taxpayers. Mr. Harris stated that the public should be made aware of how much this investigation has cost the County taxpayers. Ms. Brennan amended the motion to include the amount of legal expenses - $78,617.44. Mr. Bruguiere provided the second, and Supervisors voted unanimously by roll call 4-0-1 (Mr. Harvey abstaining) to pay Mr. Harvey’s legal expenses in the amount of $78,617.44.

Mr. Harris stated that action could have been taken years ago to alleviate problems at the Gladstone dumpster. It will be inconvenient for people to use the collection center in Amherst County.
In conjunction with negotiations with Amherst County about the collection center, Mr. Harvey said that Amherst should be reminded of the emergency services currently offered by Nelson County.
D.   Correspondence – None
II.   Other Business
   B. Consider Adjourned Meeting (September 2006)
Mr. Carter stated that Mr. Boger has prepared a summary of zoning changes which need to be made due to General Assembly legislation; i.e. PDR (Purchase of Development Rights), motor vehicle license tax, junk car definitions, etc. He suggested a continued meeting to discuss these changes for inclusion in the zoning ordinance.
D.   Other – None
III.   Public Comments - None
IV.   Adjournment
On a motion by Mr. Bruguiere at 9:45 P. M., seconded by Mr. Hale, Supervisors voted unanimously by roll call (5-0) to continue this meeting of the Nelson County Board of Supervisors to September 19, 2006 at 6:30 P. M. in the Board of Supervisors meeting room, County Courthouse, Lovingston, Virginia.
______________________, Chair