Board of Supervisors

Virginia:

AT A REGULAR MEETING of the Nelson County Board of Supervisors at 7:00 p.m. in the Board of Supervisors Room located in the Nelson County Courthouse.

Present:
Allen M. Hale, East District Supervisor – East District
Constance Brennan, Central District Supervisor – Chair
Thomas D. Harvey, North District Supervisor
Thomas H. Bruguiere, Jr. West District Supervisor
Stephen A. Carter, County Administrator
Candice W. McGarry, Administrative Assistant/Deputy Clerk
Debra K. McCann, Director of Finance and Human Resources
Fred Boger, Director of Planning and Zoning

Absent:    Joe Dan Johnson, South District Supervisor – Vice Chair

I.    Call to Order

Ms. Brennan called the meeting to order at 7:03 pm with four (4) Supervisors present to establish a quorum and Mr. Johnson being absent.

A.    Moment of Silence
B.    Pledge of Allegiance – Mr. Hale led the Pledge of Allegiance

Prior to consideration of the Consent Agenda, Mr. Carter announced that the County had been awarded a Grant of $700,000 for the Blue Ridge Medical Center (BRMC) project.

Supervisors then agreed to move the Public Comments item for consideration following the Consent Agenda.

II.    Consent Agenda

Ms. Brennan noted to the Board that she would like to defer consideration of the Minutes for Approval, R2010-35 and members agreed. Mr. Hale then moved to approve the Consent Agenda minus the minutes for approval and Mr. Harvey seconded the motion. There being no further discussion, Supervisors voted unanimously (4-0) by roll call vote to approve the motion and the following resolutions were adopted:

A.    Resolution – R2010- 35  Minutes for Approval (Deferred)

B.    Resolution – R2010- 36  Approval of CDBG Grant Documents for Blue Ridge Medical Center Expansion Project

RESOLUTION-R2010-36
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION APPROVING DHCD-CDBG PRE-CONTRACT GRANT DOCUMENTS FOR BLUE RIDGE MEDICAL CENTER EXPANSION PROJECT

RESOLVED, by the Nelson County Board of Supervisors, that the following DHCD- CDBG pre-contract grant documents are hereby approved for the Blue Ridge Medical Center Expansion Project:

1.    Local Business & Employment Plan;

2.    Residential Anti-Displacement & Relocation Assistance Plan;

3.    Non-Discrimination Policy

4.    Section 504 Grievance Procedure; and

5.    Fair Housing Certificate

C.    Resolution – R2010- 37  Auth. to Amend VDOT Agreement for Blue Ridge Tunnel Restoration Project

RESOLUTION-R2010-37
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION AUTHORIZING THE EXECUTION OF ADMINISTRATIVE AGREEMENTS/ AMENDMENTS WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE BLUE RIDGE TUNNEL RESTORATION PROJECT

RESOLVED, by the Nelson County Board of Supervisors, the County Administrator, Stephen A. Carter, be and hereby is authorized to execute on behalf of Nelson County, administrative agreements/amendments with the Virginia Department of Transportation for the Blue Ridge Tunnel Restoration Project EN02-062-142, P101, C501, (UPC 63574).

D.    Resolution – R2010 -38  Authorization to Use Right of Way Easement (NCSA)

RESOLUTION-R2010-38
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION AUTHORIZING THE USE OF THE COUNTY’S RIGHT OF WAY EASEMENT BY NELSON COUNTY SERVICE AUTHORITY

RESOLVED, by the Nelson County Board of Supervisors, that the Nelson County Service Authority is hereby authorized to utilize the County’s right of way easement along Route 56 from the Colleen Wastewater Treatment Plant facility to the location of where the Tye River Bridge and Route 56 meet; a distance of 2.2 miles;  in order to install a pipeline of treated water to discharge into the Tye River and enable the Nelson County Service Authority to comply with a Department of Environmental Quality mandate of May 1, 2012.
E.    Resolution – R2010- 39  FY10 Budget Amendment
RESOLUTION R2010-39
AMENDMENT OF FISCAL YEAR 2009-2010 BUDGET
NELSON COUNTY, VA
June 24, 2010

BE IT RESOLVED by the Board of Supervisors of Nelson County that the Fiscal
Year 2009-2010 Budget be hereby amended as follows:

I.     Appropriation of Funds (General Fund)

Amount    Revenue Account     Expenditure Account
$    1,073.00     3-100-002404-0002    4-100-032020-5650

II.     Transfer of Funds (General Fund)

Amount    Credit Account (-)    Debit Account (+)
$    2,150.00     4-100-999000-9901    4-100-012040-3002
$    1,493.00     4-100-999000-9901    4-100-013020-1001
$       228.00     4-100-999000-9901    4-100-013020-2002
$       370.00     4-100-999000-9901    4-100-032010-8225
$    4,241.00

III.     Appropriation of Funds (Street Light Fund)

Amount    Revenue Account     Expenditure Account
$         96.00     3-505-001210-0001    4-505-041320-5899
$    6,477.00     3-505-009999-0001    4-505-093100-9100
$    6,573.00

F.    Resolution – R2010- 40 75th Anniversary of the Nelson County Garden Club

RESOLUTION-R2010-40
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION RECOGNIZING THE 75TH ANNIVERSARY
OF THE NELSON COUNTY GARDEN CLUB

WHEREAS the Nelson County Garden Club, established in 1935, celebrates its 75th Anniversary on July 9th, 2010, and

WHEREAS the Nelson County Garden Club has over the past 75 years been a vital part of the very human fiber and fabric of our county enriching the daily lives of Nelsonians, past and present, by its good works, and

WHEREAS the members of the Nelson County Garden Club have unselfishly Contributed to the unique history and traditions of our county, and

WHEREAS the citizens of Nelson County have benefited greatly from the organizational spirit, volunteerism and community activities of the Nelson County Garden Club, and

WHEREAS the members of the Nelson County Board of Supervisors wish to commend and congratulate the Nelson County Garden Club for its civic mindedness, which is indeed appreciated by all our citizens,

NOW, THEREFORE, BE IT RESOLVED that the Nelson County Board of Supervisors does hereby officially recognize the day of July 9, 2010 as Nelson County Garden Club Day, and respectfully asks all citizens alike to join in expressing their sincere gratitude and appreciation for the many long hours of outstanding volunteerism and commitment to our community by the members of the Nelson County Garden Club for the past 75 years.

III.    New/Unfinished Business
A.    TRES &RRES Roof/Window Project (Dr. Roger Collins)

Dr. Collins gave his report after the Board’s consideration of Public Comments.

Dr. Collins reported that they were in the process of having a preconstruction meeting on Tuesday of next week with Robertson Inc. and Betty Slough, the new Clerk of the Works. He introduced Ms. Betty Slough in attendance and noted that Ms. Slough was a Nelson County resident with twenty-two (22) years experience in construction and much experience with windows. He reported that the projected finish date was in the fall; and would likely go into the school year. Dr. Collins reported that the low bid provided by Robertson Construction was $716,300 and that they would not be able to add in the alternate, as the funding would be short by $43,000; so they had not accepted the alternate at this point.  He added that he was encouraged by the A&E being on site and keeping staff apprised. He noted that the Clerk of the Works would give daily reports electronically and he would be happy to share this with staff.  He reported that some materials would need to be fabricated etc., they would try to have the least amount of disruption once school started, and it was estimated that there would be about 30% to go at that point. He added that the construction contractor would work during off hours once school had started.

In response to questions, Dr. Collins and Ms. Slough noted the following:

•    The School start date was August 23rd or 24th.

•    There could be some salvageable materials, such as metals coming out of the project, but it wouldn’t be worth the effort to salvage them.  Ms. Slough noted that the glass from the windows could be reused, but you would have to custom make the frames since the metal frames were the problem and wouldn’t be too valuable. Ms. Brennan noted that she would like to see if there was any possibility to reuse the windows without costing the project money and the Board and staff briefly discussed the liability of people coming on site to collect windows etc.

•    It remained to be seen through forensic work as to whether or not there were any mold related issues; not enough boring was done preliminarily to determine this with any confidence.

Dr. Collins then reported that there were 144 graduates this June and that 77% were going on to college, trade school, or in to the military. He noted that this was the 6th year in a row that he anticipated Nelson County schools would be fully accredited and he thanked the Board for its support.

B.    Health Department Building

Mr. Randy Vaughan of Wiley and Wilson addressed the Board and noted that a decision was needed on the Health Department building, specifically what to do about the roof contracted for replacement.

He reported that Blair Construction’s proposal would be a credit for not replacing the roof on the Health Department of about $25,000 including materials and labor.

Mr. Vaughan advised the Board that if they left the building as is, he would recommend doing the roof, but would defer doing the roof if they intended to do something with the building in the next 5-10 years.

He also advised their immediate consideration of the issue because of the parking lot work that needed to be done, and sidewall work that would need to be done, even if the building was left as is. He noted that his other concern with building now was the ADA accessibility to the lower level, which was being temporarily provided by temporary ramps and the Registrar was currently down there. He noted to the Board two (2) options of renovating the building or tearing it down and building a new building.  He offered a third option of tearing the building down and doing nothing else.

Members, Staff and Mr. Vaughan discussed the various options that were previously presented in Mr. Vaughan’s December study of the building. Option 1 was discussed to renovate the existing building and provide ADA accessibility. Mr. Vaughan noted that when the study was done, the Health Dept. was to possibly move to another location and the space would be used for NCSB, Planning & Zoning and Building Inspections.

Option 4 was discussed, which entailed building a new building of three (3) floors for a total of approximately 20,000 sq ft, which would address all of the space needs identified previously. This plan provided that the Department of Social Services (DSS) and the Health Dept. would still be located in a space not on the current complex and had a $5.5 million dollar price tag.

Members then revisited Option 1 and discussed that the current building renovation could include moving the Health Dept. to the lower floor and housing the Dept. of Social Services in the upper floor; which would group these two agencies together and would free up the current DSS space.

Mr. Vaughan advised that if the Board went with Option 1; they would need to consider installation of an elevator; because a ramp down would not be sufficient for ADA compliance. He noted however, that whether or not to keep the Health Dept. roof in the Courthouse project contract was what presently needed to be decided.

Mr. Carter stated that going with Option 1; with DSS and the Health Dept. occupying the building would enable County Administration to move upstairs and bridge over to the front and the space could suffice for the next 10 years. He added that then the School Board Offices could be relocated to the current DSS building; with a more permanent solution sought for them down the road.  He also noted that staff had not touched up the financial information that was in the original package, but if the State Health Dept. funds were still in place and the County considered the DSS funding for rent, it could almost pay for itself; depending on what the Board decided to do.

Mr. Carter reported that he had met with Judge Gamble and the Clerk who reiterated their interest in getting more space for the Clerk’s Office. He added that Staff could put together a plan of who fits where the best depending on what is decided.

Mr. Vaughan advised that the School Board currently has 3,600 sq ft of space and the current DSS building has 5,000 sq ft which would give them room to expand. Additionally, he noted they could put all of the Clerk’s functions on one floor with this scenario. He also stated that with this scenario, you could plan for possible expansion in the future, and that if they were to renovate, he would recommend insulating, using thermal windows, and a high efficiency HVAC system, so there should be a drop in operational costs.

Mr. Hale stated that he thought the Board should focus on what they have to do and the best way to accomplish it. He noted that with the building being occupied by the Health Dept., if it were to be demolished, they would have to find somewhere for them to be. He added that the Registrar is also a public office that must have a place to occupy. Mr. Bruguiere added that that these two (2) offices were the primary people to think about right now. Mr. Hale further complimented Mr. Vaughan for outlining the things that needed to be done with the building; but that he thought they had gone off track in looking at other space needs. He added that the reality was that Judge Gamble had recognized that the other courts had to be done and has expressed a preference that the Board of Supervisors Room becomes a court functions area. He noted that he did not feel that he was pushing the Board to get the whole building, but that the Clerk needed more space. Mr. Hale stated that he would like to agree that the County was not going to build anything for County Administration at this time given that the County cannot afford it and doesn’t need it.

Mr. Hale further stated that he thought that the most important consideration was the cost per sq ft. He noted that using the figures provided, a renovation would cost $93 per sq ft for under 9,000 sq ft., whereas a new building would be $140-$150 per sq ft. He then suggested that renovation would offer the best bang for the buck.  Mr. Vaughan noted that the difference per square foot reflected the savings from using the same foundation and structure and not demolishing it and he agreed that it would make the most economical sense.

Mr. Hale stated that he thought that County Staff had demonstrated that by utilizing it for the Health Dept. and DSS that it could largely pay for itself generally. Mr. Carter noted that he would need to update the financials and talk to Dr. Peake to confirm their funds, and then could look at moving other County offices back more completely. Mr. Vaughan noted that the $1.6 million costs could be tweaked etc.

Mr. Hale noted he was concerned about the way the County dealt with old buildings and he liked looking at the historical Courthouse complex with different styles of architecture.

Ms. Brennan noted that she would rather finance the project for 25 years vs. 40 years, with Mr. Carter concurring that he would not recommend doing a 40 year financing. He noted that the savings from the Health Dept. and DSS rent covered the financing for a 40 year term.

Mr. Harvey inquired about any structural problems under the floor of the current Health Dept. building, with Mr. Vaughan responding that he had not seen an indication of that, and there appeared to be no water infiltration other than at the one window. He further noted that he would recommend excavating down and waterproofing the foundation, if the Board were to renovate building. He noted no cracks have been seen in the building.

Mr. Bruguiere noted that he did not share Mr. Hale’s sentiments about the beauty of the buildings, noting that the only positive thing about keeping the building is it is cheaper. He added that it was a financial decision, but that he would rather get rid of it and build a new building. He noted that he did not want to spend the money and did not want to raise taxes for it.  His preference was to only put the Health Dept. and the Registrar back in the building and look at moving DSS and the School Board later; stating that the County could not build or renovate as cheap as it could rent the space.  Mr. Carter clarified that Staff was not proposing to renovate anything for them and Mr. Bruguiere noted that he would rather leave those offices where they were.

Mr. Harvey asked about the possibility of adding a third floor to the current building and Mr. Vaughan noted it would be cost prohibitive and would be hard to get the whole building up to Building Code.
He suggested that they could take out the interior partitioning and reconfigure the space; noting that there were metal roof trusses in the building. He noted that the main drawback is the low floor to floor height; and that there was only 8ft from the slab to the floor joist above on the lower floor which would present a challenge.

The Board discussed being willing to defer the roof, but not do the renovations. Option 6, rebuilding on the same footprint was discussed as costing an additional $900,000.

Mr. Harvey and Ms. Brennan indicated that they wanted to see how much it would cost to rebuild the exact same square footage and Mr. Vaughan noted that he would recommend shelling out additional space at a minimum.

The Consensus of the Board was to do something with the building, so they would not replace the roof right now.

Mr. Vaughan advised that there were advantages to building right now and Mr. Carter added that Blair Construction had suggested that they could renovate the building by change order.

At the conclusion of discussion, Mr. Hale moved that the Board authorize staff to proceed with plans to renovate the existing Nelson County Health Department building and then come back to the Board with proposals as to how to pay for it, including an updated estimate for Option 1 to renovate the existing building.

Mr. Bruguiere seconded the motion, and there being no further discussion, Supervisors voted (3-1) by roll call vote to approve the motion with Mr. Harvey voting No.

Introduced: Tourism Copier

Mr. Bruguiere noted the status of the Tourism Department copier and Mr. Carter reported that staff was looking into leasing a new copier for the County Administrator’s office and giving them the old one.

IV.    Closed Session as permitted by Virginia Code § 2.2-3711(A) (1):  A personnel matter involving appointment or promotion of particular officers or employees, performance evaluation or job assignments of specific employees, and salary or other compensation of a specific employee.

Mr. Hale moved that the Nelson County Board of Supervisors convene in closed session to discuss the following as permitted by Virginia Code § 2.2-3711(A) (1):  A personnel matter involving appointment or promotion of particular officers or employees, performance evaluation or job assignments of specific employees, and salary or other compensation of a specific employee. Mr. Harvey seconded the motion, and there being no further discussion, Supervisors voted unanimously (4-0) by roll call vote to approve the motion and go into closed session.

Members conducted the closed session, and upon its conclusion, Mr. Hale moved to reconvene in public session and Mr. Harvey seconded the motion. There being no further discussion, Supervisors voted unanimously (4-0) by roll call vote to approve the motion and reconvene in public session.

Mr. Hale then moved  that the Nelson County Board of Supervisors certify that, in the closed session just concluded, nothing was discussed except the matter or matters (1) specifically identified in the motion to convene in closed session and (2) lawfully permitted to be discussed under the provisions of the Virginia Freedom of Information act cited in that motion.  Mr. Bruguiere seconded the motion and there being no further discussion, Supervisors voted unanimously (4-0) by roll call vote to approve the motion and certify the closed session.

Following certification of the closed session, Mr. Hale moved to adopt R2010-41 Appointment of Nelson County Building Official, David L Thompson, effective July 1, 2010. Mr. Harvey seconded the motion and there being no further discussion, Supervisors voted unanimously (4-0) by roll call vote to approve the motion and the following resolution was adopted:

RESOLUTION R2010-41
NELSON COUNTY BOARD OF SUPERVISORS
APPOINTMENT OF NELSON COUNTY BUILDING OFFICIAL

PREAMBLE

Chapter 4 (Buildings) of the Code of the County of Nelson, Virginia provides at Section 4-27 for the establishment of a Building Inspection Department and for the appointment by the Board of Supervisors of a Building Official.  Mr. David L. Thompson is currently serving in the capacity of Interim Building Official and has faithfully served Nelson County with excellence and the highest of professionalism throughout his employment tenure with the County.  Mr. Thompson is deemed by the Board of Supervisors to be highly qualified to be permanently employed as Nelson County’s Building Official.

NOW, THEREFORE, BE IT RESOLVED by the Nelson County Board of Supervisors that Mr. David L. Thompson be and hereby is appointed Building Official for Nelson County, effective July 1, 2010 and, at an annual salary of $60,912.

BE IT FURTHER RESOLVED that the County Administrator is directed to report Mr. Thompson’s appointment to the Virginia Department of Housing and Community Development and to provide for Mr. Thompson’s completion of certification requirements for local Building Officials as facilitated by said Department of Housing and Community Development.

V.    Public Comments

Public Comments was considered immediately following the Consent Agenda. Ms. Brennan opened the floor for public comment and there being no persons wishing to be recognized, the public comments session was closed.

VI.    Adjournment

At 8:50 PM, Mr. Hale moved to adjourn and Mr. Bruguiere seconded the motion. There being no further discussion, Supervisors voted unanimously by voice vote to approve the motion and the meeting adjourned.