Board of Supervisors: December 12, 2006

December 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
        Constance Brennan, Central District Supervisor
        Allen M. Hale, East District Supervisor
Thomas H. Bruguiere, Jr., West District Supervisor
Thomas D. Harvey, North District Supervisor
        Stephen A. Carter, County Administrator
        Candice W. McGarry, Administrative Assistant/Deputy Clerk
        Fred M. Boger, Planning Director
        Phillip D. Payne, IV, County Attorney

I.    Call to Order

Mr. Harris, Chair, called the meeting to order at 2:10 P. M. with all members present to establish a quorum.

A.    Moment of Silence
B.    Pledge of Allegiance

II.    Consent Agenda

After brief discussion about changes to the Minutes for approval, and a short description of Consent Agenda Items D-F by Mr. Carter, as requested by Ms. Brennan for the benefit of the public, a motion was made by Mr. Hale and seconded by Mr. Bruguiere to approve the Consent Agenda. The motion passed unanimously and the following Resolutions were approved:

A.    Resolution – Minutes for Approval

    RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board’s meeting conducted on November 21, 2006 be and hereby are approved as corrected 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.          Transfer from General Fund Contingency
Amount    Credit Account    Debit Account
        $   2,000.00    4-100-999000-9901    4-100-092010-9201


II.         Appropriation of Funds (School Fund)
Amount    Revenue Account    Expenditure Account
        $ 38,503.37    3-205-003302-0019    4-205-061100-9301
              9,697.18    3-205-003302-0099    4-205-061100-9301
                 250.00    3-205-003302-0008    4-205-061100-9301
              1,595.00    3-205-003302-0001    4-205-061100-9301
           118,263.00    3-205-001901-0002    4-205-061100-9301
                $168,308.55


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

$      237.77        Business Personal Property    MacFarlane Homes, Inc.
                            P.O. Box 17
                            Nellysford, VA 22958


D.    Resolution - Region 10 Revenue Bond (Town of Louisa IDA)

WHEREAS, the Industrial Development Authority of the Town of Louisa, Virginia (the "Authority"), has been requested by Region Ten Community Services Board, Inc. (the "Company"), a non-profit, Virginia nonstock corporation, to approve the issuance of a revenue bond in an amount not to exceed $8,000,000 ("Bond") to assist the Company in (1) refinancing the Industrial Development Authority of Albemarle County, Virginia’s $5,000,000 Variable Rate Community Services Facilities Revenue Bonds (Region Ten Community Services Board, Inc.), Series 1999, issued on August 31, 1999 originally issued to finance and refinance Company facilities located in the County of Albemarle, Virginia and the City of Charlottesville, Virginia (2) financing the acquisition, construction, renovation and equipping of the property known as Mountainwood, to house the Company’s administrative offices and community services, located on an approximately 9 acre tract of land on Old Lynchburg Road, in the County of Albemarle, Virginia and (3) financing the acquisition, construction, renovation and equipping of the Albemarle County Counseling Center located at Tanbark Plaza, Lovingston, Virginia in the County of Albemarle, Virginia (collectively, the "Project"), and has held a public hearing on December 7, 2006;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds;
WHEREAS, a portion of the Project is to be located in the County of Nelson, Virginia (the "County") and the Board of Supervisors of the County of Nelson, Virginia ("Board") constitutes the highest elected governmental unit of the County;
WHEREAS, in accordance with Section 147(f) of the Code, the public hearing held by the Authority was within 100 miles of the County;
WHEREAS, for purposes of Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"), the Authority is issuing the portion of the Bond relating to the portion of the Project located in the County on behalf of the County.
WHEREAS, the Authority has recommended that the Board approve the issuance of the Bond; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF NELSON, VIRGINIA:
The Board approves the issuance of the Bond by the Authority for the benefit of the Company, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist in the financing of the Project.
The Board concurs with the resolution to be adopted by the Authority and approves the issuance of the Bond by the Authority for the benefit of the Company as required by Section 15.2-4905 of the Virginia Code.
The approval of the issuance of the Bond does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Project or the Company.
This resolution shall take effect immediately upon its adoption.
E.    Resolution-Inter-Local Agreement, PWN

WHEREAS, the Interlocal Agreement to Implement the Workforce Investment Act approved by the Board of Supervisors on August 8, 2000 and effective December 21, 2000, created a Consortium of Chief Elected Officers (“CLEOs”), now to be called the Piedmont Workforce Council (“PWC”), and set forth the process, procedures, and responsibilities for implementing the Workforce Investment Act (WIA) in the City of Charlottesville and the Counties of Albemarle, Culpeper, Fauquier, Fluvanna, Greene, Louisa, Madison, Nelson, Orange, and Rappahannock, and

WHEREAS, the WIA requires the PWC to take certain responsibilities and actions and to form a working relationship with the Area 6 Local Workforce Investment Board (“LWIB”), now to be called the Piedmont Workforce Network Board (“PWNB”), and

WHEREAS, it is necessary to amend the December 21, 2000 Interlocal Agreement to reflect these changes,

BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby approve the Amended Interlocal Agreement to Implement the Workforce Investment Act; and

BE IT FURTHER RESOLVED, that Chairman Harry S. Harris is authorized to execute the Amended Agreement.

F.   Resolution- Blue Ridge Trail Agreement

BE IT RESOLVED, by the Nelson County Board of Supervisors that the County Administrator be and is hereby authorized to execute the Agreement dated December12, 2006 between the County of Nelson (Owner) and Keith Barber Construction, Inc. (Contractor) for provision of construction services by the Contractor for completion of the Owner’s Virginia Blue Ridge Trail, Phase II (the Project; EN99-062, PE101, PE102, RW201, C502).

BE IT FURTHER RESOLVED, pursuant to this authorization that the contract price for the Project, Phase II is not to exceed Six Hundred Forty Four thousand Dollars ($644,000.00), as delineated in item #2 of the herein reference construction agreement and is subject to change only upon prior written authorization of the Owner.

LASTLY, BE IT RESOLVED, that the County Administrator be and is hereby further authorized by said Board of Supervisors to complete and submit in consultation with project’s consultant (LPDA) the Notice to Proceed to the Contractor to provide for project commencement.

III.    Public Comments and Presentations

A.    Public Comments :

1.    Gail Troy, Jefferson Madison Regional Library

Ms. Troy reported that the library is functioning well and approximately 5,865 library cards have been issued in the County. Ms. Troy then asked the Board to consider providing the library with additional funding in FY07 in the amount of $2,100 to replace wages for 75 substitute worker hours (500 hours cut down to 425), $5,000 to pay for 3,000 hours of accrued vacation and sick leave of full-time employees and $1,540 for contracted cleaning services for windows and carpets, for a total request of $8,640.

The Board’s discussion included noting to Ms. Troy that if employees have the time, they should take it off during the year and not allow it to accumulate to such an extent. It was also discussed that such requests should go to County staff for review and should only be considered during the budget process. It was noted that Mr. Harvey in particular advocated for the library during the FY07 budget process and that additional funding had been added back to the Library budget on two occasions. The use of volunteers to cover the shortfall in substitute worker hours was discussed and it was noted by Ms. Troy that while volunteers mean well, they cannot be depended on to the same extent as paid personnel and they are primarily used for shelving and children’s programs. Mr. Carter related the County’s policies on leave accruals and recommended that the Library should look at its policies on the subject as part of their overall fiscal responsibilities in limiting their leave liability and recommended deferral of the funding request. Ms. Troy noted that they follow the City of Charlottesville’s leave policies and she believed there to be a cap on the vacation hours allowed to accrue, and that most of the leave hours were sick leave accrued over time. As for the funding request, she cares most about restoring the substitute worker hours versus cleaning the windows and carpets. Ms. Brennan inquired about the existence of Friends of the Library to which Ms. Troy responded that the organization does exist as well as the Torn Land Fund, however their funding is for non-operational costs only such as fancy shelving, computer stands etc. Ms. Brennan suggested that Ms. Troy look at their budget expenditures to see if there were any non-operational items that this money could pay for and subsequently free up operational money to be used for these items under discussion. Mr. Harris noted that the FY07 contingency balance is $624, and reiterated the potential revenue shortfalls noted by Mr. Carter at the last meeting and said that the Board would look at Library funding in the coming fiscal year and do what it can. There was no other discussion and no action was taken.

2.    Harry Baum- Tanbark Drive, Afton

Mr. Baum spoke in favor of reappointing the incumbent Planning Commission members in order to allow for the completion of the new Zoning Ordinance.

B.    VDOT Report – Kevin Wright

1.    Arrington Bridge - The project is going along nicely, the bridge has been shown to potential contractors and bids will be received in the next month or two and is on schedule. Mr. Wright noted to the Board that the new bridge would be built adjacent to the old one, just like the one at Berry Hill. Mr. Bruguiere clarified that rescue vehicles would be able to get through using the existing old bridge while the new one is being built.

2.    Park & Ride at Rt. 151 & Rt. 6 – Mr. Wright reported that the park & ride would be un-officially established and then reviewed after 1 year and with favorable results, more permanent upgrades would be made. He noted that they would be checking the level of gravel needed at the site after the first of the year. Mr. Bruguiere noted stone may be needed near the entrance area and Mr. Wright agreed.

3.    New Chemically Treated Salt- VDOT is gearing up for winter and will be using a new chemically treated salt this year that is more concrete friendly.

Mr. Hale asked Mr. Wright to clarify what was discussed at the November Board meeting relative to the process of the Board in designating alternate truck routes. Mr. Wright responded that in order for any Route to be restricted to through trucks, the process for the Board would be as follows: The Board would have to undertake the public hearing process, which includes advertising the proposed alternate truck route so that those people affected by the alternate route have a chance to comment on the proposal. Then the Board would have to pass a resolution requesting VDOT do the study of the alternate route for the elimination of through truck traffic, in which the route (Route 151) would have to pass a two-pronged test. The first being that the proposed restricted route has to be residential in nature; having approximately 12 homes per 1,000 ft with the qualifying homes being a certain distance from the middle of the road. Mr. Wright noted that 151 may not qualify as residential in nature. Second the proposed restricted route would have to be classified as a minor collector, which Route 151 currently doesn’t meet the criteria for this designation. Mr. Wright expressed the opinion that Route 151 won’t qualify for through truck restriction even without meeting the reasonable alternate route test because of the stipulations of the aforementioned two-pronged test. Mr. Wright also noted that the reasonableness of the previously mentioned alternate route of going down Route 64 to Route 29 is also debatable since the distance is almost twice as far at a detour of around 20 miles and the economic impact on the trucking industry comes into consideration.

Mr. Hale noted that it seemed pretty clear that pursuing this is not going to result in any change or restricting through trucks there and expressed the opinion that if the exercise won’t result in any change, then why go through the exercise. Safety at the intersections of Route 151 and Route 6 and Route 151 and Route 250 are still a concern.

The Board discussed the validity of meeting with trucking firms to get input on solving the truck traffic problems in the County. Mr. Harvey noted that during meetings about the new Rockfish Elementary School intersection, there was support from a representative of the trucker’s association in voluntarily re-routing through trucks from Route 151. Mr. Harvey noted problems with turkey trucks in particular in his district. Mr. Wright noted that the accident data shows that trucks are not involved in the majority of the accidents at the two intersections of concern. He also noted that while the truck traffic in between the two intersections is 15%-20% of the traffic, they are only involved in 7% of the accidents. Ms. Brennan noted truckers are generally good drivers and inquired as to whether truckers can be encouraged to drive at certain times noting concern about school buses primarily. Supervisors also noted the difficulties that the enforcement of driving times and trucking regulations presents in terms of personnel and pull-over areas along Route 151.

Mr. Wright offered to forward the associated VDOT guidelines regarding alternate truck routes to the Board via the County Administrator.

Mr. Harris inquired about the status of the John’s Creek Road no parking signs, which Mr. Wright noted he had not seen anything on yet.

IV.    Unfinished Business

A.    Draft Agreement-Nelson/Amherst Rt. 60 E. Convenience Center

Mr. Carter noted that Mr. Payne has drafted the agreement and that he has spoken with Mr. Rodney Taylor, the Amherst County Administrator, who said that their board would not be considering the agreement until possibly their January 2nd meeting. Mr. Carter noted that the agreement was a simple annual agreement, annually renewable unless 90 day notice is given by either party. Mr. Carter recommended waiting to see what Amherst County says at their January session regarding the agreement and after consideration of the cost analysis provided.

Mr. Carter then provided the Board with the following cost analysis relating to the expense of utilizing Amherst County’s Route 60 convenience center, including alternative options as follows:

A. Projected Annual Expense – Use of Amherst Convenience Ctr.:       $46,963.00 (1)
B. Projected Annual Expense – Maintain Gladstone Convenience Ctr.:    $24,371.00 (2)
C. Projected Annual Expense – Gladstone Conv. Ctr. @ 2 Days Per Wk:    $31,537.00 (3)
D. Projected Annual Expense – Eliminate Gladstone Conv. Ctr.:        $14,190.00 (4)

Notes:
(1) The $46,963 expense is derived from a) Nelson paying a 50% percent share of Amherst’s projected annual operational cost of its staffed convenience center ($35,629.28) and, b) a projected annual disposal cost of ($11,333.20) for disposal of 303 tons (est.) by Nelson at $44 per ton with a 15% discount of this total cost.

(2) The $24,371 amount is based upon a) Waste Management’ annual service charges for the Gladstone Convenience ($4,860 @ $405 per month) and, b) disposal costs for 303 tons of solid waste per year ($16,665 @ $55 per ton), c) personnel ($2,337 @ $7.49 per hr. x 2 employees x hrs. per wk. x 52 weeks) and, d) transportation ($509 @ 22 miles per wk. x 52 wks. @ $0.445 per mile).

(3) The $31,537.00 amount represents a) operating the Gladstone Convenience Center two days per week (Saturday and Sunday) with County staff working twelve hours shifts each day ($7.49 per hour x 24 hours per week x 52 weeks = $9,347.52), b) transportation costs (100 miles per week @ $0.445 cents per mile x 52 weeks = $2,314; this cost may be discretionary), c) disposal costs for 273 tons per year ($15,015 with an assumption that the reduced hours of operation and staffed site will reduce the out of county waste stream by a minimum of 10% = 273 x $55 per ton = $15,015) and, d) Waste Management’s annual service costs ($4,860 @ $405 per month).

(4) The $14,190 cost of eliminating the Gladstone Convenience Center is based upon a projected reduction of 15% in the current annual waste stream of 303 tons (= 258 tons) and a disposal cost of $55 per ton (258 tons x $55 = $14,190).

It is noted that the above projections are estimates. Each of the various cost estimates (on a probable worse case basis) could deviate (+/-) 10% to 15% annually. Additionally, at 303 tons per year the average weekly waste stream is 5.83 tons. A compactor is capable of loading 10 tons before disposal is necessary. As such, the expense of a staffed Gladstone site at two days per week could be lowered by reducing the number of hours to 8 per day, which would save $3,116.00 annually.

The Board discussed the options presented noting that use of the Amherst convenience center was significantly more expensive than maintaining the Gladstone site as it is and maintaining the site as it is only cost $10,000 more than its elimination. Mr. Carter noted that one of the reasons the cost of using Amherst’s site was so high is because Nelson would be paying 50% of the projected annual operations cost of the site, which includes the personnel costs of manning the site and disposal costs for 303 estimated Tons at the Amherst disposal rate of $44/Ton. Susan McSwain also noted that maintaining the Gladstone site as is, involves personnel costs related to cleaning up the site regularly. Mr. Carter recommended focusing on options A and B for comparison.

Mr. Hale said that he originally thought that proposing to use Amherst’s site and closing the Gladstone site was to be a cost savings to the County. Mr. Harris concurred and Ms. Brennan noted that it was to reduce out of County trash and the mess at the site. She noted that she hadn’t anticipated it to be a cost savings necessarily, but wasn’t expecting it to be such an additional expense. Mr. Bruguiere agreed the cost savings were anticipated from reducing the out of County trash from Buckingham and Appomattox. Mr. Carter noted that it hadn’t been brought forward previously several years ago due to cost concerns but that it came back up again when staff was directed to look at this after the Board received public comments of concern over the mess at the site. He stated that he didn’t recall a discussion of cost savings, but may have said it would be more efficient since we would forgo costs of out of County waste and abuse of the site where we were sending staff down to clean up the site every week and that partnering with Amherst would eliminate that. He noted that he was showing the Board the numbers now so that they would be fully cognizant of the costs. Mr. Harris noted that when they supported proceeding before, they didn’t have the numbers that they have now. Mr. Carter recommended that the Board take no action, look over the costs presented and relay any concerns to Amherst County. Mr. Carter noted the importance of maintaining a good relationship with Amherst to facilitate partnering through the Region 2000 solid waste initiative. Further discussion ensued about recycling, keeping the site open and various issues such as fencing, manning the site for several hours a day, and keeping the site open 1 or 2 days per week were discussed. The Board decided to take no action and the consensus was to look at alternatives to closing the site. Mr. Carter concurred with the Board and recommended further study for future consideration.

V.    New Business – None

VI.    Reports, Appointments, Directives, and Correspondences

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


County Administrator’s Report:

Mr. Carter reported the following:

1. Board Retreat

The draft summary report is presently being finalized by County staff with the Mr. Gary Christie (the retreat’s facilitator). It is anticipated that the final draft will be submitted to the Board the week of 12-11.

2. FY 07-08 Budget and 5 Year CIP - Work on the ensuing fiscal year budget and five year capital improvements plan (2008-2012) has been initiated with presentation of the draft budget and CIP anticipated in the first quarter of 2007.

3. Courthouse/Government Center Project - Wiley and Wilson has submitted its proposal(s) for completion of the schematic phase of the project. Staff is reviewing the proposal and will report on this subject at the continued meeting on 12-18.

Mr. Hale suggested that staff ask a DHR historian to review the proposed Courthouse design for comment prior to spending any money on the schematic drawings. Ms. Brennan expressed agreement and Mr. Carter noted he would check into this and report back to the Board. He noted that this type of review would be required when utilizing the $7.5 Million Rural Development money. He also noted that he had contacted Congressman Goode’s office to inquire about the availability of additional Rural Development funding for the project.

4. Solid Waste Project

A. Convenience Centers Project: The purchase agreement with Massies Mill Recreation Center, Inc. has been signed and returned to the County with the ensuing step(s) being a survey of the property and closing on this purchase. It is projected that design of the Shipman and Massies Mill centers will begin within the ensuing 30 days.

Mr. Harris expressed concern that progress at the Shipman site seemed to be lagging. Mr. Carter explained that the hold-up has been in deciding in getting the consultant to develop a preliminary engineering report and environmental review, which is required, should the County pursue applying for Rural Development funding at a lower interest rate than the current market rates. He noted that discussions were underway with a second firm to do the PER and ER and a decision should be made by the end of the week. He also noted that there were no assurances that the Rural Development program (locking in the lower interest rates) would be in place. The Board discussed moving forward regardless of doing a PER and ER and use of other funding sources given the uncertainty of the Rural Development program. Mr. Carter noted that staff is looking at other funding sources, but that the interest rates would be higher than those of the proposed RD program.

B. Transfer Station Repairs: The concrete floor was poured on 12-11. The station is scheduled to reopen on (or about) January 8, 2007.

C. Region 2000 Solid Waste Initiative: A meeting is being scheduled in January 2008 to discuss implementation of the regional initiative.

D. Gladstone Convenience Center: Amherst County will review on January 2, 07 the draft agreement for use of its (staffed) Route 60 convenience center by Nelson County, which would close its (un-staffed) Route 60 convenience center following approval of the agreement.

5. Paid EMS Project - The County’s application for Medicare licensing of its revenue recovery program is being finalized by Diversified Ambulance Billing. Program start up is projected for January 07.

Mr. Carter noted that he had signed the Medicare licensing application.

6. Piney River 3 Project - USDA-Rural Development approval of the proposed realignment of the project along Route 56 west is pending. Draper Aden Associates to begin (in anticipation of RD approval) field work to provide for this re-design. DAA staff have met with property owners on north side of Rt. 56 to walk the proposed construction area and received favorable input. The realignment will result in a revised bid date of March – April 2007 (approximate).

Mr. Bruguiere noted that he had had a favorable meeting with Robert Saunders regarding the re-alignment of the sections affecting their property, and subsequent granting of the related easements. Mr. Carter noted that the project engineer was meeting with them to re-stake the re-alignment the next day, December 13th. Mr. Harvey requested staff to provide him with an updated listing by name and address of the remaining outstanding easements.

7. TJPED - Mr. Bob DeMauri, TJPED’s Executive Director, will retire at the end of December 06. Recruitment of a successor is nearing completion. Mr. Carter noted that the prospective successor is an outstanding candidate.

8.     Other Projects

A. Visitors Center Project: Staff has communicated with the party interested in purchasing the Front Street property from the County and will report on this following receipt of a response. Additionally, a draft contract for AE services is being to complete negotiations with the consultant firm selected to assist the County with the project.

Mr. Bruguiere asked about the status of this project. Mr. Harris and Mr. Hale noted that the 30 days given to the prospective buyer would be by December 21st. Mr. Carter noted that he was anticipating a response by the prospective buyer. Mr. Hale suggested not retaining architectural services until the sale of the building issue has been resolved. Mr. Carter noted that the County could get the contract done and retain the architectural services but not execute them; which the Board was agreeable to.

Mr. Hale noted that there was another potential avenue that the Board could pursue – the structure beside the new Farm Bureau location that is under contract, could be utilized for a Visitor Center and expressed interest in exploring this as an alternative option to the front street property. The Board was open to considering this option.

B. Nellysford Planning Project: The draft report is pending completion and is now anticipated to be received for distribution in December 06 with a formal presentation by TJPDC staff in January.

C. Water Service Project with NCSA: A revised contract has been completed and forwarded to the Millennium Group for approval. The agreement has been signed by authorized County and NCSA staff.

D. Ryan School Apartments: The fire protection concern expressed to the Board has been resolved.

E. Joint Meeting with Planning Commission: Pending.

9. Reports (Departments and Offices): Transmitted by email on 12-7.

Committee Reports:

Ms. Brennan reported that the Thomas Jefferson Planning District Commission met on December 7th and approved the budget; noting the good financial position of the TJPDC and improved staff morale. She reported on the EAT local program which focuses on expanding the local food shed program in an effort to support sustainable agriculture.

Ms. Brennan reported on attending a Pandemic Flu Preparedness workshop with Mr. Carter and noted the importance of having community conversations about this issue and public information on preparedness. Mr. Carter noted that at the workshop, it was projected that 303 of the 15,000 population in Nelson County would be affected during a pandemic flu outbreak.

Ms. Brennan reported briefly on the 2x2 dinner with School Board members Cindy LaChance and John Kirchner. She noted that the budget process was discussed and that there was no feeling that doing anything differently would make that much difference at this point for this year, but they like the idea of having a joint meeting where they could tell us about the things that they are doing. Ms. Brennan noted the good publicity that has arisen from the distance learning program initiated by the schools and noted that participants in the program count toward Nelson’s enrollment. The Board discussed the recent articles in the paper about the program and commented favorably on the initiative; however they would like to see more Nelson County participants.

Mr. Harris also in attendance commented that the School Board members didn’t like the idea of meeting prior to the budget to discuss available funding and where the money is coming from because they feel they are charged with submitting a needs based budget and it is the County’s responsibility to fund to its ability. They would still like to do a presentation to the Board as in the past, but not to discuss the funding since they have no control over it. Ms. Brennan noted that the reality is that it is not really their concern where the money comes from because their concern is developing a budget to provide the best educational opportunities for the kids. Mr. Bruguiere expressed interest in going back to the funding formula previously discussed. Mr. Harris noted that the formula was discussed, but reiterated that they are required to submit a needs based budget.   Ms. Brennan noted that a joint maintenance program could be something to look at but noted logistical issues. She noted some interest on their part in looking at the process. Mr. Carter noted to the Board that it might be insightful if in the Schools budget presentation to the Board, that their requests are separated by Standards of Quality (SOQ) and non-SOQ costs to differentiate what is actually required to be funded. He noted that the schools have to submit an annual report to the State which shows this. Ms. Brennan noted support for this idea and Mr. Harris asked Mr. Carter to request this break down from the School Board on behalf of the Board of Supervisors.

Mr. Harris reported on the Senior Advisory Committee and noted that transportation needs were discussed as well as additional JAUNT funding. He noted the Committee’s desire to see all senior centers participate jointly rather than individually; and the desire to establish transportation to the Nelson Center for those currently not participating in the congregate meals
(Gladstone and Schuyler). He noted that recently 14 seniors from Gladstone traveled by JAUNT to the Nelson Center.   Project life-saver and dental needs were also discussed.

He also said that he would like to see a formula for budget requests for meals etc. for all of the senior centers.

Mr. Harvey and Mr. Bruguiere had no reports.

Correspondence:     None

Appointments:

A.    Planning Commission

Mr. Harvey moved to defer the Planning Commission appointments; the motion was seconded by Ms. Brennan and the Chair asked for discussion.

The Board’s discussion included deferring the appointments until after the completion of the new Zoning Ordinance noting that potentially changing the make-up of the Commission while working on the new Ordinance could be detrimental to the process.

There being no further discussion, the Chairman called for the vote. The motion was passed by roll call vote (4 -1) with Mr. Bruguiere voting no.

B.    JABA Council on Aging

The Board noted the lack of interest in this appointment and noted that even though Mr. Buynacek indicated a year ago that he was willing to continue to serve if there was no other interest, it seemed unfair to expect that he continue. Ms. Brennan offered to contact him about continuing to serve. Mr. Hale offered to contact Mary Lee Embrey to determine her interest in being re-appointed. Mr. Hale also noted that the Board may have to take a more proactive role in recruiting to fill the appointment vacancies. No appointments were made.

C.    Jefferson Area Disability Services Board

There being no interest in these vacancies, the Board suggested the School system as a source of interest. No appointments were made.

D.    JAUNT Board

The Board noted there was only one interested applicant and decided by consensus to defer this appointment until such time that the 2 vacant seats could be appointed at once.

E.    Board of Zoning Appeals (BZA)

Mr. Harvey moved to recommend Goffrey Miles to the Circuit Court for approval to serve on the Board of Zoning Appeals. Ms. Brennan seconded the motion and the motion passed unanimously by roll call vote (5-0).

Ms. Brennan expressed an interest in expanding the Planning Commission with some at-large members to broaden representation. Mr. Harvey said he was open to the idea, and supported the possibility of adding a Wintergreen representative. Mr. Bruguiere was of the opinion that there was no benefit to having more people and added that at one time there were 4 members of the P.C. and there were problems having a quorum, but all that was needed was 1 member from each district not two, noting there were no quorum problems lately and it would be better off left alone, noting the current trouble with recruiting people for appointments.

Mr. Harris noted disagreement with the attendance requirements listed on the appointments interest application page 2 item (b) which states “is absent for three consecutive regular meetings, shall be deemed to have tendered his/her resignation from such position.” Mr. Harris was of the opinion that the word “shall” is too strict and noted a preference for the words “may be” instead. After brief discussion, it was the consensus of the Board to leave the wording (“shall”) as stated, noting that it is still the Board’s discretion to accept or decline the resignation.

Directives:

Ms. Brennan expressed interest in moving forward with e-government initiatives, including electronic board packets to eliminate all of the paper. She noted a preference for distributing the packet information via CD that could be used with a lap top provided by the County so as not to be tied to her desk-top computer to review the information. Staff is to look into this and include it in the proposed FY08 budget.

Ms. Brennan mentioned the memo distributed by Mr. Fred Boger, Planning Director which addresses legislation that the Planning Commission has to prepare the Capital Improvements Plan (CIP). Mr. Boger clarified that CIP referred to the Comprehensive Plan. It was noted that this is not mandatory but can be included as part of the overall CIP being prepared by staff.

Ms. Brennan suggested the Board consider staff pay adjustments previously presented, during the current meeting. Discussion included deferring the matter until the continued session on the 18th. Ms McGarry noted that the December payroll would have to be ready for the direct deposit upload on the 18th for payment on the 22nd. The Board noted that a decision would need to be made at the current session. Mr. Harvey asked Mr. Carter to provide the hand-out provided previously on the subject and the matter was deferred until the evening session.

Ms. Brennan also requested that staff look into purchasing Nelson County lapel pins for the Board members to wear while attending meetings on behalf of the County. Mr. Harvey suggested ordering the same pin given to Ms. Virgie Carter for retirement without the diamonds.

Mr. Harris noted to the Board that he had received a letter from JABA regarding cost overruns associated with the Ryan School Apartments and that they were making a funding request to cover these costs. He said that JABA states that they incurred the costs prior to acquiring the building associated with survey and asbestos abatement costs. Mr. Carter noted that JABA hired the survey firm (LMW) and that the cost overruns were incurred without any prior consultation with County staff. Mr. Carter also noted that he had not seen a copy of the letter even though it had been suggested to JABA that the letter be sent to Mr. Harris and Mr. Carter. Some discussion ensued of who the letter and funding request should’ve been sent to, with Mr. Harvey noting it should have gone to the Administrator. Mr. Harris noted he would provide Ms. Brennan and Mr. Carter with copies of the letter and no action was taken on the matter.

Mr. Harris questioned the legality of the stipulation in the Massie’s Mill purchase agreement pertaining to the land acquisition for the convenience center, requiring the usage of the purchase money to be used for building improvements. Mr. Carter stated that it probably wasn’t legally binding, but that it had been discussed and agreed upon to include it. Mr. Hale inquired as to how that would work and would the Community Center submit invoices for expenditures with the County being the financial agent. Mr. Carter noted that it would be most appropriate to pay them the money, and note the stipulation for use of the money as established in the agreement; which the Board agreed with.

Mr. Carter noted receipt of several jacket requests from the NCHS Athletic Director, which staff proposes to introduce as a consent agenda item for the continued session on the 18th.

Mr. Harvey asked that staff send a letter of congratulations to the Amherst Board of Supervisors from the Board for winning the State Football Championship.

Mr. Bruguiere asked that the Board discuss Bio-solids and Mr. Harris suggested addressing this during the evening session.

VII.    Closed Meeting – None

VIII.    Recess and Reconvene for Evening Session

At 4:55 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.

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. All Supervisors were present at the evening session.

II.    Public Hearings

A.    Rezoning #2006-008-M. Ramm

Mr. Boger reported that Ms. Ramm is requesting rezoning of 48.8 acres of a 55.2 acre parcel from Business B-1, to Agricultural, A-1; to permit the rezoned portion of the parcel to be divided into four residential lots (family division). The property is located at 158 Gormes Drive and is located on Tax Map #36-1, parcel C. One parcel of 6.46 acres will remain in the B-1 zoning district which currently holds the Tape Rental Library. He noted that the adjoining parcels are zoned A-1.

There were no questions for Mr. Boger and no comments from the applicant.

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

On a motion made by Ms. Brennan and seconded by Mr. Hale, Supervisors voted unanimously by roll call vote (5-0), to grant the rezoning request #2006-008 for Ms. Ramm for 48.8 acres located at 158 Gormes Drive on Tax Map #36-1, parcel C from Business B-1, to Agricultural, A-1.
B.    Final Subdivision Plat-Dutch Creek Subdivision

Mr. Boger reported that Home Run L.L.C, represented by Massie Saunders, has submitted the final subdivision plat for Dutch Creek Subdivision located on Laurel Road (Route 639). The final subdivision plat consists of dividing 200.70 acres into 19 lots. The proposed lots range in size from .047 acres for a cemetery to 21.737 acres. Mr. Boger noted that the Planning Commission recommended approval of the final subdivision contingent upon Health Department and E&S Control Plan approval, and submission of the homeowners’ association maintenance and road agreements. Mr. Boger noted that the Health Department is going to sign off on their approval and the Soil and Water Conservation District work on the E&S plan is in process.

Mr. Bruguiere asked about the Army Corps of Engineers being required to delineate all streams now on subdivisions. Mr. Boger stated that the delineation of the streams was not included in the E & S plan review because the site has 7 streams and wetlands and that it had also been required on another subdivision.

Mr. Massie Saunders, representing the applicant, noted that because there were some stream crossings for roads and driveways the full stream/wetland delineation by the Corps of Engineers was required. He showed the Board the stream and wetland delineation map which will be required to be on file. Mr. Saunders noted that this would not be required to be shown on the Platt, but rather kept on file. Mr. Boger requested a copy of the map to retain in the Planning Office files as well. There was further discussion regarding the streams, map and the dry hydrant requirement. Mr. Saunders noted that any future subdivisions that have stream crossings by road or driveway will be required to have the stream and wetland delineation done by the Army Corps of Engineers. Mr. Carter noted that State requirements for storm water management plans would be getting more stringent as well in the next couple of years. Mr. Boger added that storm water ordinances will be mandatory state wide.

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

Discussion from the Board included Mr. Hale inquiring as to whether or not all of the corners had been set and expressing reluctance to grant final approval of the subdivision plat (for the record) until all corners had been set as required. He also noted that the subdivision road was constructed prior to having an E & S plan. Mr. Saunders said he will need to set all of the corners after more work and the E & S plan is approved, and that he is consolidating trips to the site. Mr. Boger noted that when the surveyor applies his seal to the plat, he is certifying that the corners have been set.

Mr. Bruguiere reported that the Planning Commission had noted that they wanted to see the E&S and Health Dept. under review letters from those agencies before offering their approval.

On a motion by Mr. Hale and seconded by Ms. Brennan, Supervisors voted unanimously by roll call vote (5-0) to approve the final subdivision plat for Dutch Creek Subdivision located on Laurel Road (Route 639) dividing 200.70 acres into 19 lots; contingent upon Health Department and E&S Control Plan approval, and submission of the homeowners association maintenance and road agreements as recommended by the Planning Commission.


III.    Other Business

A.    Bio-Solids

Mr. Bruguiere noted the upcoming hearing/information meeting on the 14th, referencing a letter from Mr. Tom Eick of the Health Department encouraging Board members to attend.   He also noted to the Board that there is a 30 day comment period and the Board should consider offering its comments. Mr. Carter noted that the VDH plans to over view the process, the applications and take questions from the public. Mr. Hale recommended that the Board attend the meeting and report back to the full Board at the continued meeting on the 18th. Mr. Carter noted that there is an established file on the subject available for review in the Administrator’s office. Mr. Harris suggested that no action be taken, but be deferred until the 18th as requested by Mr. Bruguiere. The Board concurred with this recommendation and no action was taken.

B.    Staff Bonuses

Ms. Brennan asked the Board to consider the pending staff bonuses. After some discussion as to whether or not to consider this in closed session, it was the consensus of the Board to do so in open session.

Mr. Carter distributed a handout of recommended staff salary adjustments, noting that the pending adjustments for consideration included changing the step within the grade for the County Administrator’s Secretary from Grade 11 Step 10 to Grade 11 step 13 for an annual adjustment of $2,315, changing the classification, grade and step for the Building Inspections Secretary from Secretary II to Secretary III and from Grade 10 Step 14 to Grade 11 step 13 for an annual adjustment of $777, and a one time bonus for the Planning and Zoning Secretary in the amount of $2,882. The total annual adjustments were $3,092 and the one time bonus $2,882 for a total of $5,974. Mr. Carter noted that the re-classification from Secretary II to Secretary III generally requires Board approval of a new job description. Mr. Harvey noted that this particular re-grade was warranted and the Board noted its desire for this to be handled administratively. It was noted by Mr. Carter that these adjustments were within the current FY06-07 budget as outlined in the hand-out, with some remaining due to vacancy savings related to Ms. Virgie Carter’s retirement.

There being no further discussion, a motion was made by Ms. Brennan and seconded by Mr. Harvey to approve the proposed staff salary adjustments, retroactive to July 1, 2006 and directing the County Administrator to administratively change the job description for the Building Inspections Secretary. The motion was passed unanimously by roll call vote (5-0).


VI.    Closed Meeting -     None.

IV.    Public Comments

A.    Ms. Kathy Tolton introduced herself and Mike Kelley as the appointees to the Region Ten Board of Directors. She noted being impressed thus far with the Region Ten organization and noted the number of those being served by various programs, and the progress being made by the organization.

V.    Adjournment

At 8:20 P. M., on a motion by Mr. Hale, seconded by Ms. Brennan, Supervisors voted unanimously by roll call vote, (5-0), to approve the following resolution to adjourn and continue the meeting until 1:30 pm on December 18, 2006 at the Nelson County Courthouse, Lovingston, Virginia for purposes of the conduct of a work session on the draft zoning ordinance and such other business as said Board of Supervisors may consider.

A.    Resolution –Continuation of December 12, 2006 Regular Meeting

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 December 12, 2006 be and hereby is adjourned and shall be continued at 1:30 pm on December 18, 2006 at the Nelson County Courthouse, Lovingston Virginia for the purposes of the conduct of a work session on the draft zoning ordinance and such other business as said Board of Supervisors may consider.