October 10, 2006

Virginia:

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

Present:      Harry S. Harris, Chair
        Constance Brennan, Central District Supervisor
        Allen M. Hale, East District Supervisor
        Thomas D. Harvey, North District Supervisor
        Thomas H. Bruguiere, Jr., West District Supervisor (3:00 – remainder of                 meeting)
        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 four members present to establish a quorum.  

A.    Moment of Silence
B.    Pledge of Allegiance

II.    Consent Agenda

A.    Resolution – Minutes for Approval

Ms. Brennan asked that the minutes for August 8 be voted on separate from September 12 and 19 minutes.

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
        $  15,000.00    3-100-001616-0010    4-100-091030-5633
        
        
II.     Transfers from General Fund Contingency
Amount    Credit Account    Debit Account
      $  50,000.00    4-100-999000-9901    4-100-091030-5633    
             78,617.44    4-100-999000-9901    4-100-011010-3152
        $128,617.44

C.    Resolution – 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

$      24.04        Personal Property    Shenandoah’s Pride Dairy, LLC,
                        P.O. Box 120
                        Mt. Crawford, VA  22841-0120

$     145.31        Personal Property    Farm Credit Leasing:  Tax Department,
                        5500 S. Quebec Street, Greenwood Village,
                        CO  80111-1914

$     394.56        Real Estate        Tyro Land Trust
                        P.O. Box 413
                        Lovingston, VA  22949

D.    Proclamation – Domestic Violence Awareness Month (October 2006)

Proclamation
Domestic Violence Awareness Month
    WHEREAS, Violence against women, children, and men continues to become more prevalent as a social problem in our society; and
    WHEREAS, In 2005 in the Commonwealth of Virginia, domestic violence programs offered 208,708 safe nights of shelter to women, children and men; 24-hour intervention and referrals in response to 72,134 hotline calls; and 106,995 hours of counseling and advocacy to families; and
    WHEREAS, In 2005, the Shelter for Help in Emergency offered 4,514 safe nights of shelter to women, children and men; 24-hour intervention and referrals in response to 1,080 hotline calls; and 2,528 hours of counseling and advocacy to families; and
    WHEREAS, The problems of domestic violence are not confined to any group or groups of people but cross all economic, racial and societal barriers, and are supported by societal indifference; and
    WHEREAS, The crime of domestic violence violates an individual’s privacy, dignity, security, and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse, with the impact of this crime being wide-ranging; and
    WHEREAS, In our quest to impose sanctions on those who break the law by perpetrating violence, we must also meet the needs of victims of domestic violence who often suffer grave physical, psychological and financial losses; and
    WHEREAS, It is victims of domestic violence themselves who have been in the forefront of efforts to bring peace and equality to the home; and
    WHEREAS, The Shelter for Help in Emergency commemorates its 27 year of providing unparalleled services to women, children and men who have been victimized by domestic violence;
    NOW THEREFORE, BE IT PROCLAIMED, In recognition of the important work being done by the Shelter for Help in Emergency, I,  Harry S. Harris, Chairman, Nelson County Board of Supervisors, do hereby proclaim the month of October 2006 as DOMESTIC VIOLENCE AWARENESS MONTH and urge all citizens to actively participate in the scheduled activities and programs sponsored by the Shelter for Help in Emergency, and to work toward the elimination of personal and institutional violence against women, children, and men.

On a motion by Mr. Harvey and seconded by Mr. Hale, Supervisors voted unanimously by roll call (4-0) to adopt the Consent Agenda, with the exception of August 8, 2006 minutes.

On a motion by Mr. Harvey and seconded by Mr. Hale, Supervisors voted 3-0 to approve the August 8, 2006 minutes.  Ms. Brennan abstained due to being absent from the August 8 meeting.

    RESOLVED by the Nelson County Board of Supervisors that the minutes of said Board’s meeting conducted on September 12 and September 19, 2006 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.


III.    Public Comments and Presentations

A.    Public Comments – None

B.    VDOT Report – None

C.    JAUNT (FY 06 Annual Report)

Ms. Donna Shaunesey presented the 2006 annual report for JAUNT.  She stated that higher gasoline costs resulted in a loss of $10,000 overall for the year.  The mid-day service to Charlottesville has increased by 53%, other commuter routes increased by 20%, ridership to Wintergreen increased by 11%, and the Lynchburg route was discontinued.  There are two vacancies on the JAUNT board that could be filled by Nelson County residents.  All seven Nelson drivers received safety awards for 2006, with Esther Page having 8 years of safe driving and Ed Hicks having 11 years.  Ms. Shaunesey expressed appreciation to the Board for their support and Ms. Brennan and Mr. Harris thanked Ms. Shaunesey for her assistance with transportation for seniors and the public, in general, in Nelson County.

IV.    Unfinished Business (It was agreed by the Board to change the order of agenda     items.)


B.    Blue Ridge Tunnel Project (Report and Consider Property Acquisitions)

Mr. Gene Whitesell of the Whitesell Group reported to the Board that the BRT project will benefit the County and the region.  It is the 3rd longest rail trail in the U. S. and is of great interest to tourists as well as local residents.  There are three access points, one on the western side, one at Afton, and one at the Rt. 250 overlook.  So far T21 monies have been the primary revenue source.  There are 6 phases to the project:  1) creation of the project; 2) acquisition of funds; 3) feasibility study; 4) purchase of Blue Ridge Tunnel from CSX for $1.00 (suggestion was made that the County purchase the tunnel which is valued at approximately $1.5 million); 5) design and project development, which will open the door for additional funding; and 6) construction and completion.  The total cost of the project will be approximately $3.6 million, which includes purchase of additional property, as needed.  The County would be responsible for 20% of the construction cost; however, with the purchase of the tunnel, a private fund can be established for individual donations.  One institution, VMI, is anxious to contribute to the project.  The tunnel can also be placed on the National Register of Historical Structures.

Mr. Gary Rogers of VMI gave a presentation on history of the tunnel and showed recent pictures of the tunnel.  He explained the structure of the tunnel and the repairs that would be needed.  Mr. Hale noted that a visitor center would enhance the educational aspect of the project.  A representative of the Whitesell Group said that such a center is being talked about, as well as many opportunities for historical displays, crafts, museums, etc.  The Blue Ridge Parkway and VMI are interested in this addition to the project.  Mr. Rogers said that $1.00 will buy the tunnel from one end to the other, which gives CSX a $1.5 million write-off and gives Nelson County $1.5 million for a historical project.  

Mr. Harvey and Mr. Harris said they’re excited about the project which is an asset to the County.  There are security concerns which will need to be addressed.  Mr. Whitesell said that is already being considered.  VDOT has suggested that the County take ownership of the property.  Mr. Carter said that Mr. Payne is working on the agreement with CSX.  A grant application needs to be submitted by November 1, 2006 which means funding could be impacted if the County has not taken ownership of the tunnel by that date.  There are other private properties that need to be secured also, which can be done as soon as the tunnel purchase is finalized.  The Board also has the option of acting on the purchase today.  

On a motion by Mr. Bruguiere, seconded by Ms. Brennan, Supervisors agreed unanimously by roll call (5-0) to acquire the Blue Ridge Tunnel property from CSX Corporation for the grand total of $1.00.  Mr. Carter said that the challenge for the County will be to secure funding for the project.  Mr. Rogers of VMI then presented to Mr. Harris a $1.00 donation toward the project.

    A.  2007 Legislative Program (TJPDC – D. Blount)

Mr. David Blount of Thomas Jefferson Planning District Commission presented to the Board a draft of the 2007 TJPD Legislative Program.  Priorities for this year are:  1) Transportation; 2) Local and State Revenues; 3) Comprehensive Services Act; 4) Public Education Funding; and 5) Land Use and Growth Management.  The Board requested that Land Use and Growth Management be moved to the top of the priority list, urging the State not to take away the authority of counties to control land use and growth.  

Mr. Hale stated that Orange County recently passed a resolution asking the General Assembly to leave the choice of clustering to the counties.  Nelson County adopted a similar resolution, and suggested adding it to the legislative document.  Mr. Blount said that could be done, as well as addressing it with other counties.  

Mr. Blount asked that the Board approve the program, and committed to bringing any changes back to the Board for review.  

On a motion by Mr. Bruguiere, seconded by Ms. Brennan, Supervisors agreed unanimously by roll call (5-0) to adopt a resolution approving the 2007 Thomas Jefferson Planning District Legislative Program, with amendments presented by Mr. Blount today as well as incorporation of the recommendations put forth by the Board.

    RESOLVED by the Nelson County Board of Supervisors that the 2007 Thomas Jefferson Planning District Legislative Program be and hereby is approved by said governing body with the legislative program to serve as the basis of legislative positions and priorities of the member localities of the Thomas Jefferson Planning District Commission for the 2007 Session of the Virginia General Assembly, with amendments presented by Mr. Blount on October 10, 2006 as well as incorporation of the recommendations put forth by the Board.

C.    Courthouse-Government Center Project

Mr. Randy Vaughan of Wiley and Wilson presented an updated Scheme 12 of the courthouse project.  This plan keeps all buildings grouped together with parking in two locations:  one being 118 parking spaces on the newly purchased 19 acres and the other 112 lots on existing acreage. A new triangular-shaped building would be constructed (29,000 sq. ft.) which would house J & D Court, General District Court, and Court Services on the upper floor with Health Department, Social Services, and Sheriff’s Department on the lower floor.  The existing courthouse complex would be completely renovated and restored with Circuit Court and Clerk’s office on the upper floor (6500 sq. ft.) with the addition of a new entrance, stairs and elevator. A new County Administration Building (19,000 sq. ft.) would house Building Inspections, Planning & Zoning, Commissioner of Revenue, and Treasurer’s office on the lower floor with Board of Supervisor meeting room, County Administrator, Accounting, etc. on the upper floor.  The Jefferson building and historic jail remain as they are. The current Health Department building will be demolished and become green space.  Mr. Vaughan distributed a cost estimate totaling $19,844,000 for the entire project with a tentative project schedule showing completion by November, 2010.  

Mr. Bruguiere said he would like to see a reduction of 25% in the overall project.  Mr. Hale said the project is moving in the right direction and some reductions may be possible.  There is a meeting scheduled this week with the Nelson County School Board to discuss whether they wish to be located in this complex or build at a separate location near the Nelson County Middle and High Schools.  

Mr. Vaughan said that once the Board gives agreement to proceed, site work could begin as early as next summer.  The Board has the option of contracting the entire job (renovation and new buildings) to one contractor or contracting the new buildings and then the renovation through another bid process.

Mr. Carter asked if the Board was comfortable with Staff and the Courthouse Committee moving ahead through the first phases in order to authorize Wiley and Wilson to proceed.  Supervisors agreed by consensus.  Mr. Carter will arrange a follow-up meeting with the committee and Mr. Vaughan.

    C.  Emergency Medical Services – Revenue Recovery Program

Mr. Carter reported that Ray Uttaro and Jaime Oliver have been working with volunteer squads to establish fees for the revenue recovery component of the paid EMS program.  The Board is asked to approve a resolution which would establish fees as follows:  1)  Advanced Life Support 1 - $415.00 per transport; 2) Advanced Life Support 2 - $530.00 per transport; 3) Basic Life Support - $320.00; and 4) Mileage for all service levels - $8.02 per loaded mile.

There are two options for revenue recovery:  OIG (Office of the Inspector General) method and the subscription method.  With the OIG method, insured patients (including Medicare and/or Medicaid) would be billed to the insurance company without a co-pay.  Uninsured patients would be subject to full payment; however, “soft” billing will be in place for those without the ability to pay.  With the subscription method, a suggested $75.00 per household fee would be billed.  Insured patient’s insurance company would be billed for the trip, with the subscription fee covering the co-pay.  Uninsured subscribers would not be billed for the trip.  Non-subscribers would be billed in full for the trip.

Ms. Brennan asked if the County could use both options.  Mr. Carter will investigate this possibility.  Mr. Harris said he feels the fees are excessive for low income households, especially the additional mileage fee.  Ms. Olivers stated that fees are based on the level of care the patient receives.

On a motion by Ms. Breenan, seconded by Mr. Harvey, Supervisors voted by roll call 4-1 (Mr. Harris voting no) to adopt a resolution to establish fees for the revenue recovery program of Paid EMS.  

    RESOLVED by the Nelson County Board of Supervisors, pursuant to Section 13.1  (Fees for Emergency Ambulance Service), subsections (c) and (d) of Chapter 13 (Emergency Services), Article 1 (Emergency Ambulance Service) of the Code of the County of Nelson, Virginia that the following fees be and are hereby established and approved by said governing body for the provision of emergency medical services by paid and volunteer emergency medical services entities operating within Nelson County, Virginia.



        Service Level                   Fee

1) Advanced Life Support 1            $415.00

2) Advanced Life Support 2            $530.00

3) Basic Life Support                $320.00

4) Mileage (all Service Levels)        $   8.02 per loaded mile

Said fees shall be effective upon approval and shall be utilized by Nelson County in its implementation and administration of a revenue recovery program which will provide financial support for the County’s paid and volunteer emergency medical services programs.

Mr. Carter said the County’s responsibility will be to pursue those who don’t pay, if they have the ability to pay.  Additionally, Mr. Carter will report back to the Board concerning the use of both options for revenue recovery (OIG and subscription).  Regardless of the option selected, an educational program for the public will be necessary.

V.    New Business - None

VI.    Reports, Appointments, Directives, and Correspondences

A.    Reports (Board of Supervisors Committees and County Administrator)

Mr. Carter reported on the Rockfish Valley Community Center boiler situation. The consensus of County staff and RVCC representatives is to maintain the current boiler system for another winter.  An evaluation has been done by CII in Charlottesville.  Their estimate is that repairs should not exceed $10,000. County Building and Maintenance concurs with this estimate, which does not include an estimate for asbestos abatement.  RVCC has $6,650 in County funding which remains after roof repairs were done.  This could be allocated to boiler system repairs.

Mr. Carter will be meeting with personnel from USDA – Rural Development (Richmond) and Central Virginia Electric Cooperative to discuss use of a Rural Utilities Services grant-loan program which would allow CVEC to apply for up to $1.0 million in funding and up to $300,000 could be allocated to the County to establish low interest revolving loan programs for community facilities and projects, which could include RVCC.  

Mr. Mark Bolt, Building Official, has inspected the building and determined that fire protection is deficient and approximately $900,000 would be required for fire sprinklers and installing fire separation.

Ms. Brennan asked again for a workshop to be held to discuss all aspects of community center upkeep, maintenance, etc.  Mr. Harris agreed that there are multiple issues with community center maintenance that need to be addressed either by giving Staff authorization to make decisions or to determine where the funds are coming from.

Mr. Hale made a motion, seconded by Mr. Harvey, to reallocate $6,650 from the roof repair fund to the heating system fund and to authorize an additional amount up to a combined figure of $10,000 to address the RVCC problem immediately.  The remainder will need to come from RVCC.  After much discussion on how to address future needs of the community centers, Supervisors voted 4-1 (Mr. Bruguiere voting no) to the motion.Mr. Carter would like to establish a loan pool from federal money, working in conjunction with CDF, so that these types of situations could be taken care of.

Ms. Brennan reported that at the October 5 meeting of the Thomas Jefferson Planning District Commission, the Schuyler application for historical recognition was discussed. The annual report has been prepared and will be distributed with the Nelson County Times.There is an open house of the TJPDC on October 20 from 12-2:00 and 4-6:00. The Virginia Outdoors Plan was reviewed and it was noted that it can include Nelson County trails, if requested.  Green infrastructure plan is underway.  One-stop Center is open for business in the Nelson Center effective October 1.  It contains computers for public use and hopefully will be a resource for employment opportunities.  Nellysford community project report from TJPDC should be available in November or December.

Mr. Harvey stated that he was disappointed with the Nellysford community planning meeting because there was no opportunity for input by citizens.  Further, residents who own residential property around Rt. 151 in Nellysford don’t want that property disturbed.  A sidewalk café may be a good opportunity for new business.  IGA grocery is under new management.  Ms. Brennan added that Ron Bush did a sidewalk survey in Nellysford.  About half of the citizens were in favor of adding sidewalks to the village area.   Mr. Harvey said there is the possibility of variable lanes and speed limit restrictions, but “round-abouts” are out of the plan.

Ms. Brennan reported on the Senior Advisory Committee – Project Lifesaver. A plan is being formulated to enable some Gladstone citizens to come to the Nelson Center for RHOP services.

Mr. Carter reported on the following, in brief:
•    Budget - The Department of Finance and HR’s monthly report has been prepared.  There is concern over some specific revenue projections, but no adjustments are being made at this time.
•    Solid Waste Project.  Convenience Center Project:  Acquisition of collection sites in Shipman and Roseland is proceeding.  Massies Mill Recreation Center, Inc. has agreed to a contract with the County, and it is anticipated that the County will seek funding for the overall project (three collection centers) from USDA-Rural Development with the necessary funding application at 2.6% interest rate to be submitted in the November – December time frame.  Transfer Station Repairs: Nolen Frisa, project engineer, has completed the design for replacement of the concrete pad at transfer station, which he estimates to be around $62,000.  Bids will be solicited.  The County is endeavoring to determine if a temporary operation at the landfill can be established in lieu of an agreement with Amherst County for use of their facility during the pad replacement. Septic System Installations: Cost proposals are being obtained for installation of new septic systems for restroom and animal waste purposes at the animal shelter.  Region 2000 Solid Waste Initiative:  Continuing participation by the County.  Environmental monitoring (Gas and Groundwater): Application has been submitted to VA-DEQ to end the gas monitoring program at the closed landfill facility.  Waste Management Contract Renewal:  Waste Management’s services have been extended effective December 1, 2006 which is year four of the initial one year contract with the option for four one-year renewals.  Gladstone Convenience Center: Discussions continue with Amherst County regarding the sharing of Amherst’s Route 60 convenience center.  This matter will be discussed with the Board in the November meeting.
•    Piney River 3 Project.  Project design has been submitted to VA-DEQ and Virginia Department of Health.  Work on getting user agreements is proceeding well.  Property owners have requested relocation of the project to the north side of Route 56 rather than the south side; however, the draft design has already been done and it is assumed that the current design is the most cost effective.
•    Other Projects.  Lovingston Revitalization:  Land Planning Design Associates is developing a matrix of phases and priorities of the Lovingston Master Plan for use by County staff for capital improvement planning and annual budgetary recommendations.  Visitors Center Project:  Statements of qualification were received from two firms (Frazier Associates of Staunton, Va. and Dalgliesh, Gilpin & Paxton, P.C., of Charlottesville, Va.).  Interviews are scheduled for October 13.  County staff will be meeting with Union Bank and Trust to discuss development of a “pocket park” on property owned by the bank that is adjacent to the proposed visitor’s center.  Schuyler Museum:  Sealed bids for roof replacement were received and publicly opened by County staff on September 28, 2006.  W. A. Lynch was the low bidder at $79,300.  Staff is coordinating funding with USDA-Rural Development and Department of Historic Resources.  Veterans Memorial: Project is complete and within budget.  Dedication ceremony will be October 20, 2006, 6:30 P. M., prior to the NCHS football game.  Chairman Harris will be asked to speak at the dedication.  2008 General Re-Assessment of Real Estate:  Contract with Wingate Appraisal Services has been obtained and work has begun.  Economic Development: A local business previously considering a major expansion of its facilities has decided to defer this project and will enclose an existing storage area instead.  Contact has been made with another local business to help in implementation of its expansion plans.  Water Service Project with NCSA:  A follow-up meeting with representatives of the Millennium Group is pending.  Gladstone Water System Project: Under development by the Nelson County Service Authority.  Blue Ridge Trail Project:  The next phase of the project is near implementation upon receipt of approvals from VDOT and Amherst County.  Region 2000 Water Supply Planning Project:  The work plan has been received and is being reviewed by staff with submittal to the Board to be completed the week of October 9.  Ryan School Apartments:  County staff is working with JABA to complete project close out documentation required of the County by VA-DHCD.  Draft Zoning Ordinance:  Staff is proceeding with ordinance amendments as directed by the Board.  Wintergreen Project:  Pending.  Bi-Centennial:  Committee is continuing its work.  Two x Two Meetings:  Meetings with school board are to be scheduled.  Joint meeting with Planning Commission:  Pending.

VII.    Closed Meeting – Not at this time.


VIII.    Recess and Reconvene for Evening Session

At 5:45 P. M., on a motion by Mr. Harvey, seconded by Mr. Hale, Supervisors voted unanimously by roll call (5-0) to recess and reconvene for the evening session.  Items left from the afternoon session will be covered in the night session.


EVENING SESSION
7:30 p.m. – Nelson County Courthouse

I.    Call to Order

Chairman Harris called the meeting to order at 7:30 p.m.  Mr. Harvey was not present at the evening session.  Order of agenda items was changed to include uncovered items from the afternoon agenda.

II.    Public Hearings

A.    Exception to Private Street Construction Standards (W. Whitehurst – Tax Map #62-A-80)

Mr. Boger reported that Mr. William Whitehurst is completing the road for his 7-lot subdivision located on Carter Road in Schuyler.  There are three areas along the road where large hardwood trees are growing and Mr. Whitehurst is requesting an exception to Section 4-6-C of the Subdivision Ordinance to allow the cut and fill road shoulders to be reduced to 2 feet wide instead of the required 4 ft in order to preserve these trees.  The road surface would remain at 16 feet in width and the cut and fill slope would remain at 1-2/3:1 maximum slope.  Ms. Alyson Sappington of Thomas Jefferson Soil and Water Conservation District has reviewed the request and stated that the reduction will not affect the E & S Control Plan.  The Planning Commission held a public hearing on September 28, 2006 and there was no objection to the request.  Commissioners voted 5-0 to recommend to the Board that the exception be granted.  Mr. Whitehurst was present to answer questions.  

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

On a motion by Mr. Bruguiere, seconded by Ms. Brennan, Supervisors voted unanimously by roll call, (4-0), to grant an exception to Section 4-6-C of the Subdivision Ordinance for William Whitehurst, reducing the shoulder width to 2 feet in specified sections of the road in the subdivision located on Carter Road, Schuyler.

B.    Special Use Permit #2006-003 (L. Brechlin – Tax Map #85-A-77)

Mr. Boger reported that Mrs. Brechlin is requesting a SUP to operate a craft/gift shop near her home located at 3530 Tye River Road.  She would be selling crafts that she has produced on the farm and additional hand crafted items from local artisans, as well as holding classes for needlework and selling needlework supplies.  Some modification to the entrance was necessary and VDOT has approved the widening of the road across the culvert.  The Planning Commission conducted a public hearing on September 28, 2006 and there was no opposition from the public.  Commissioners voted unanimously to recommend to the Board that the SUP be approved.  Ms. Brechlin was present to answer questions.  

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

On a motion by Mr. Hale, seconded by Ms. Brennan, Supervisors voted unanimously by roll call (4-0) to approved the Special Use Permit for Lori Brechlin to operate a craft/gift shop on her property located at 3530 Tye River Road.  

III.    Other Business

    A.  State Six Year Improvement Program (2008 – 2013)

Mr. Carter asked for the Board’s input for six-year improvement program priorities.  Mr. Boger itemized the 2005 priority list and noted that one project not on the list, the intersection of Route 29 and Callohill Drive, was completed with a stop light being installed.  County staff will present the list of priorities to the Commonwealth Transportation Board on November 8, 2006 and Mr. Carter asked if the Board wished to make additions, deletions, or changes to the list.  Number 7 of the following list was added:
    
1.    Richmond Highway (Rt. 60) at intersection with Allen’s Creek Road (Rt. 622).
2.    Rockfish Valley Highway (Rt. 151) at the intersection with Spruce Creek Lane.
3.    Rockfish Valley Highway (Route 151) at the intersection with Rodes Farm Drive (Rt. 613).
4.    Front Street (Business Route 29), Lovingston, improvements.
5.    James River Road (Rt. 56) Extension to Thomas Nelson Highway (Rt. 29).
6.    Patrick Henry Highway (Rt. 151) at the “Y” intersection with Tye Brook Highway (Rt. 56).
7.    River Road (Rt. 6) at Rockfish Valley Highway (Rt. 151).

On a motion by Mr. Hale, seconded by Ms. Brennan, Supervisors agreed unanimously by roll call (4-0) for staff to submit seven priorities to the Commonwealth Transportation Board.

B.    Resolution – Rescheduling November 2006 Regular Meeting

On a motion by Mr. Bruguiere, seconded by Mr. Hale, Supervisors voted unanimously by roll call, (4-0), to adopt a resolution rescheduling the November 14, 2006 meeting to November 21, 2006.

    WHEREAS, the Nelson County Board of Supervisors hereby establishes that an alternate date for the Board’s regular monthly meeting on November 14, 2006 is necessary due to the attendance of the members of said governing body at the annual conference of the Virginia Association of Counties on November 12 through 14, 2006.

    NOW, THEREFORE, BE IT RESOLVED by the Nelson County Board of Supervisors, pursuant to §15.2-1416 (Regular meetings) of the Code of Virginia that the regular meeting of the Board on November 14, 2006 be and hereby is rescheduled to November, 21 2006 with the place and time(s) of the meeting on November 21, 2006 to continue to be as established at the Board’s annual meeting in January 2006.

    BE IT FURTHER RESOLVED that the regular meetings of the Board of Supervisors after the meeting on November 21, 2006 shall be in accordance with the schedule of regular monthly meetings established by the Board at its annual meeting in January 2006, unless otherwise approved, and, that, the County Administrator shall post notice of the rescheduling of the Board’s November 2006 regular meeting in accordance with the requirements of §15.2-1416 of the Code of Virginia.

VI.    Reports, Appointments, Directives, and Correspondences (Cont.)

B.    Appointments

On a motion by Ms. Brennan, seconded by Mr. Hale, Supervisors voted unanimously by roll call, (4-0), to reappoint Dr. Benjamin Brown and Mr. John Sims to the Jefferson Area Board for Aging Board of Directors for a 2-year term beginning July 16, 2006.

On a motion by Mr. Hale, seconded by Ms. Brennan, Supervisors voted unanimously by roll call, (4-0), to reappoint Nancy K. Kritzer to the Library Advisory Committee for a 4-year term beginning July 1, 2006.

C.    Directives

Ms. Brennan reported that a household hazard waste disposal is scheduled at the Lynchburg Landfill and the Albemarle Transfer Station on 10/16.  A signed voucher is required which must be obtained in advance.

Ms. Brennan handed out an evaluation tool for the County Administrator position which will help facilitate this process in the future.  She and Mr. Harris will serve on a committee to review the evaluation tool and report back to the Board.

The Board retreat was discussed and the week of November 27 was suggested.  Mr. Hale and Ms. Brennan volunteered to work with Mr. Carter to establish an agenda.  Ms. Brennan asked if the budget committee should meet separately or be included in the retreat.  

Ms. Brennan said that a citizen had called about having a road mirror placed at the intersection of his property and the road.  The Board declined to take action on this request.

Mr. Hale received a letter from a citizen regarding Mr. Bruguiere’s statement in the minutes that the courthouse project was of no benefit to citizens.  Mr. Hale feels that County government does provide a benefit to citizens and the facilities are important in providing service.

Mr. Bruguiere had a request for a school zone sign to be placed at Afton Christian School.  VDOT previously turned the request down, but Mr. Bruguiere feels it’s a valid concern.  Mr. Carter will discuss it with Mr. Wright of VDOT.  Mr. Bruguiere also said that appointments for Planning Commission should be made in December and feels it is unfair to applicants and incumbents to delay it further.

Mr. Harris said the purchase agreement with Massies Mill Community Center seems to contain some open items such as landscaping.  Mr. Carter said staff had proceeded with the purchase according to the Board’s authorization.

D.    Correspondences

1.    JoeAnn Mitchell – Property Acquisition

Mr. Carter stated that Ms. JoeAnn Mitchell is proposing to purchase from the County the property located at 571 Front Street, which was purchased for a future Visitors  Center.  She is offering to purchase the property for the amount the County paid for it ($87,000), with appropriate renovations being made after purchase.  Mr. Carter said that architectural firms were meeting October 13, 2006 in order to give estimates for renovation.  Mr. Bruguiere said he would like to know how much the renovations will cost before considering the sale.  

Ms. Brennan said it was valuable property and Tourism has no problem with the intended use of the building.  

Mr. Hale said that the purchase price was $87,000, with a $300,000 budget for renovation.  He feels that if someone is willing to invest in the building, the County should recoup its investment.  Disadvantages to the site are citizen parking and staff parking and feels that a tourism center on Rt. 29 would more successful than on Front Street.  The Board should compare the cost of a major construction project as opposed to renting space from the Nelson Center or some other place on Rt. 29.

Mr. Carter said this building is central to the revitalization project and will bring others to the Village.  Mr. Hale said that Mr. Carter should respond to Ms. Mitchell in writing.  Mr. Carter will consult with Mr. Payne to see if conditions can be placed on the renovation if the building is sold to Ms. Mitchell, and proceed with obtaining input from architects.

2.    Senior Advisory Committee – Funding Request

Mr. Chuck Strauss of the Senior Advisory Committee is requesting $500.00 in funding to allow JAUNT to transport Gladstone residents to the Nelson Center once a quarter for RHOP services.  The additional funding from the Board would enable JAUNT to continue the service presently provided. The SAC will also explore other possible sources of funding for the balance of this fiscal year.  

On a motion by Mr. Hale, seconded by Ms. Brennan, Supervisors voted 3-1 (Mr. Bruguiere voting no) to appropriate funds ($500.00) to provide quarterly trips by JAUNT from Gladstone to the Nelson Center.

VII.    Closed Meeting

Motion for Closed Meeting.  Mr. Hale made the following motion:  Motion is hereby made, pursuant to Section 2.2-3711.A.1 of the Code of VA, 1950, that the Nelson County Board of Supervisors hold a closed meeting for the following purposes:  Assignment, promotion and salaries of specific employees of the public body.  Ms. Brennan seconded the motion and Supervisors voted unanimously by roll call, (4-0), to go into closed meeting.

Certification of Closed Meeting:  Mr. Hale made the following motion:  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 Board of Supervisors.  Ms. Brennan seconded the motion and Supervisors voted unanimously by roll call, 4-0, to certify the closed meeting.

IV.    Public Comments – None.

V.    Adjournment

At. 9:15 P. M., on a motion by Ms. Brennan, seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call, (4-0), to adjourn the October 10, 2006 meeting of the Nelson County Board of Supervisors.



_____________________, Clerk


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