Board of Supervisors Meeting Minutes-February 16, 2010
Virginia:
AT A POSTPONED REGULAR SCHEDULED MEETING of the Nelson County Board of Supervisors at 2:00 p.m. in the Board of Supervisors Room located in the Nelson County Courthouse.
Present:
Allen M. Hale, East District Supervisor
Constance Brennan, Central District Supervisor – Chair
Thomas H. Bruguiere, Jr. West District Supervisor
Joe Dan Johnson, South District Supervisor – Vice Chair
Thomas D. Harvey, North 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
Phil Payne, IV, County Attorney
Tim Castillo, Director -Nelson County Service Authority
Absent: None
I. Call to Order
Mr. Carter noted to Chair Brennan that Supervisor Harvey would be late arriving to the meeting and Ms. Brennan noted for the public that the February 9th meeting had been postponed due to inclement weather conditions. Ms. Brennan then called the meeting to order at 2:04 pm, with four (4) Supervisors present to establish a quorum and Mr. Harvey arriving at approximately 2:35 pm.
A. Moment of Silence
B. Pledge of Allegiance – Mr. Johnson led the Pledge of Allegiance
Ms. Brennan asked the Board if any changes to the agenda needed to be made and Mr. Hale requested that all minutes for approval be deferred until the next meeting. Chair Brennan noted that she would like to add Ms. Jode Shaw and Ms. Becker to the agenda; with staff noting that they had been added and a revised agenda had been distributed. Ms. Brennan clarified that she would like for them to not be held to the normal public comments time limit. Supervisors then agreed by consensus on the proposed changes to the agenda.
II. Consent Agenda
Mr. Johnson moved to approve the consent agenda and Mr. Hale seconded the motion. Ms. Brennan clarified the removal of minutes and there being no further discussion, Supervisors voted unanimously (4-0) to approve the motion and the following resolutions were adopted unless otherwise deferred:
A. Resolution – R2010-06 Minutes for Approval (Deferred)
B. Resolution – R2010-08 Minutes for Approval (Deferred)
C. Resolution – R2010-09 FY09 Budget Amendment
RESOLUTION R2010-09
AMENDMENT OF FISCAL YEAR 2009-2010 BUDGET
NELSON COUNTY, VA
February 16, 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 Credit Account(-) Debit Account (+)
$ 39,852.00 3-100-002404-0015 4-100-032020-5648
II. Appropriation of Funds (School Fund)
Amount Credit Account(-) Debit Account (+)
$ 40,825.00 3-205-004105-0001 4-205-066100-9305
I. Transfer of Funds (General Fund)
Amount Credit Account(-) Debit Account (+)
$ 40,825.00 4-100-999000-9905 4-100-093100-9206
$ 1,645.00 4-100-999000-9901 4-100-032010-8225
$ 42,470.00
D. Resolution – R2010-10 FY10-11 Local Government Challenge Grant
RESOLUTION-R2010-10
NELSON COUNTY BOARD OF SUPERVISORS
2010-2011 LOCAL GOVERNMENT CHALLENGE GRANT
BE IT RESOLVED, By the Nelson County Board of Supervisors that the County Administrator is hereby authorized to execute and submit an application for 2010-2011 Local Government Challenge Grant funding to the Virginia Commission of the Arts.
BE IT FURTHER RESOLVED, said application is to include a local match of $5,000.00 to be confirmed upon formal adoption of Nelson County’s Fiscal Year 2010-2011 Budget by the Board of Supervisors.
E. Proclamation- P2010-01 The Big Read 2010
PROCLAMATION P2010-01
NELSON COUNTY BOARD OF SUPERVISORS
PROCLAMATION, PROCLAIMING FEBRUARY AND MARCH
THE BIG READ 2010, HONORING THE NOVEL
A LESSON BEFORE DYING, BY ERNEST J. GAINES
WHEREAS, THE BIG READ is designed to restore reading to the center of American culture and provides our citizens with the opportunity to read and discuss a single book within our community; and
WHEREAS, the Jefferson-Madison Regional Library invites all book lovers to participate in THE BIG READ that will be held throughout the months of February and March 2010. The Library’s goal is to encourage all residents of Central Virginia to read and discuss A Lesson Before Dying by Ernest J. Gaines; and
WHEREAS, A Lesson Before Dying explores the nobility and the barbarism of which human beings are equally capable; and
WHEREAS, the Library is partnering with the Virginia Foundation Center for the Book in THE BIG READ which is an initiative of the National Endowment for the Arts in partnership with the Institute of Museum and Library Services, and Arts Midwest; and is supported by the Art and Jane Hess Fund of the Library Endowment;
NOW, THEREFORE, be it resolved, that the Board of Supervisors of Nelson County, proclaim THE BIG READ during February and March 2010 and encourage all residents to read A Lesson Before Dying during this time.
III. Public Comments and Presentations
A. Public Comments
Ms. Brennan opened the floor for those wishing to speak under regular public comments and the following persons were recognized:
1. Mr. Kenneth White, Roseland – President of the Virginia Taxpayers Association
Mr. White distributed and read aloud the following prepared statement:
At the conclusion of my Statement at the last regular monthly meeting of the Board of Supervisors January 12, 2010, I asked Supervisor Bruguiere if he believed this Board should take a stand against enforced adherence in Nelson County to the Copenhagen Climate Accord — which Accord we now know was based on criminally fraudulent alleged ‘scientific’ data — or whether we should just let the federal administration put into effect in this county any Copenhagen rules they want to, constitutional or not.
Mr. Bruguiere answered — and I believe his reply will be recorded in minutes of the January 12, 2010 Board meeting you will have approved — that I was working at the wrong level; that this subject should be decided by Congress and not by this Board; and that he personally would look to his representative in Congress to provide information on what stand Mr. Bruguiere should take as a Supervisor on this matter.
This answer is so markedly evasive that it deserves further discussion so everyone will know where a Supervisor’s responsibilities truly lie. Mr. Bruguiere wants people to believe that public policy should be determined by private citizens like me who have taken no oath to support the Constitution of the United States, and NOT by elected officials like you who HAVE taken oaths to support the Constitutions of Virginia and the United States! Such a position is so untenable that it clearly invites open ridicule!
But now I have a new matter which your Board needs to discuss, and on which even Mr. Bruguiere will agree he has to take an individual formal stand. As you know, any person entering the new Amherst County Building for any purpose, whether to pay a tax bill, look over a property deed or an assessment, must go through a full length attended metal detector to determine if he/she is carrying some kind of weapon to create a terrorist incident. In Augusta and Albemarle Counties, on the other hand, such full length attended metal detectors are used only for courts, and not for all visitors to administrative buildings. Now, with the new addition to the Nelson County Courthouse, you have to decide whether any full length metal detector attended by a deputy sheriff should be located at the new main entrance for all visitors, as in Amherst, or just specifically at entrances to the court rooms.
We submit that fear of foreign-originated terrorism in the U. S. is so hyper manipulated by the federal government today — and based on erroneous factual knowledge of what actually happened on 9/11 contained in the fraudulent 9/11 Commission Report — that common sense should be brought to bear everywhere to avoid totally unnecessary and intrusive expenditures supposedly to “prevent terrorism.”
Thus we strongly urge this Board to decide that no attended full length metal detector for all visitors be placed at the new main entrance, but only at exclusive court room entrances.
We further advise that use of full body scanners, which are now starting to be used in a Colorado county courthouse and are projected for national courthouse usage, be totally prohibited everywhere including at court room entrances, because these dangerous machines not only provide naked images alluring to persons seeking pornography but emit significant quantities of radiation far exceeding dental x-rays, which is cumulative in the body and is inevitably carcinogenic. There have been instances where even attendants operating these machines have become ill from excessive radiation. The record shows that the Virginia Taxpayers Association has considerably more information in these matters than the Board of Supervisors that we teach you things you ought to know, and we hope that all your decisions will recognize this fact.
That concludes my Statement.
2. Trish Becker and Jode Shaw (Lovingston Water/Sewer System)
This item was considered after item B. Presentation – R2010-11 Resolution Commending NCHS Drama Team.
Ms. Shaw distributed information to the Board regarding their presentation. Ms. Shaw then introduced herself as the Chair of the Lovingston Opry and Ms. Becker as the owner of the Basement Bistro.
She noted that they had both relocated to Nelson County from Northern Virginia, having been attracted by Lovingston’s re-development plans. She noted that they have invested in over $500,000 in personal capital, including the purchase of four (4) properties, formation and operation of two (2) businesses, have stimulated and reinvested in local commerce and between them employed over seven (7) employees.
Ms. Shaw described the Lovingston Opry as a Tax Exempt 501 c3 business located at 632 Front Street. She noted that the building had been purchased in June of 2006 and the Opry opened in November of 2006. She noted the benefits provided by the business as follows: revitalized an empty historic building, provides a venue for music and entertainment including local, national, and international talent including Friday night karaoke. She noted additional civic contributions of the business to be: hosting an annual Christmas Party, hosting a Food Pantry Fundraiser, Oakland Museum, Brew Festival, training site for Sheriff’s Department, Fundraiser for cancer victim, wedding, graduation party, etc, Wintergreen Performing Arts, and the promotion of tourism.
Additionally, Ms. Shaw described the Basement Bistro as having opened in October 2008 and being located in the basement of the Lovingston Opry. She noted that the Bistro provides lunch and dinner to the local community and they have infused over $50,000 to build the kitchen. She noted that they used local contractors, are an employer of local employees, payer of state and local taxes and stimulate other local businesses, boosts tourism and is a significant contributor to the Lovingston Opry.
Ms. Shaw then reported that there had been four (4) previous water/sewage incidents as follows:
November 2006 – an incident occurred and it was assumed that it was caused by internal pipes; the damages were limited to clean up labor costs and lost area rugs totaling approximately $1,100.00
February 2009 – another incident occurred and again it was assumed that it was caused by internal pipes; the damages were limited to clean up labor costs totaling approximately $500.00
Ms. Shaw then noted that she wanted to focus on the events of January 20, 2010 and January 25, 2010 with the Board.
Ms. Shaw stated that January 20th was a twelve (12) hour event. She stated that they assumed that the water in the basement was coming from the Blair construction site at the courthouse and the Blair Construction foreman advised them that it was not coming from them. The foreman then called NCSA and George Cheape of the NCSA came and looked at it. She noted that Ms. Becker met with Tim Castillo and George Miller of NCSA and advised them of the issue. They in turn advised her that the problem was related to old internal pipes and sump pump. She stated that they went back and turned off the pipes and pump and the problem worsened. She reported that Mr. Cheape came back with a major sump pump and at this point sewage related debris etc. was coming up into the basement. She noted that Mr. Cheape walked around and went out and the flow was tremendous at that point out the front door to the right. She said they went to the area #2 manhole and saw little flow there and at that point they were advised that there appeared to be a blockage. They then took a snake into the pipe from the manhole up Pleasant Street up to the courthouse. She stated that all of this was happening during business hours and they had moved their Bistro customers upstairs. She then stated that at site #4, liquid was oozing up out of the pavement near the entrance to the Bistro and not far from the drain pipe. She stated that they were told to fix the problem by the NCSA and not to worry that the NCSA has insurance. She reported that they continued to work on the problem and the NCSA had a third party come out with a pressure device. They were then advised by Mr. Cheape that they had done everything they could, had flushed the pipes but there was still something wrong and they would come back with a camera the next day. Ms. Shaw stated that they were earnestly attempting to help the situation. She noted that the next day, they did the camera scoping and they were advised that they could visually see that there was buckled, damaged, defective terra cotta piping. She stated that they were under the assumption that the back-up was related to these outside pipes and they were told it was fixed and then they opened back up on January 21st. She said that they hired contractors, were told that the NCSA Supervisors were aware of this and that they had insurance to take care of it. She reported that the damages were limited to clean up labor costs and top layer floor replacement totaling approximately $4,500.00. She stated that they did not speak directly to the NCSA Directors but felt comfortable with the information that they had been provided by NCSA staff. She stated that afterwards, a few customers came and they decided to serve food upstairs.
Ms. Shaw stated that on Feb. 25, 2010 there was extensive damage costing $25,000 for clean up plus loss of business. She noted that they were unable to reopen either business due to potential health hazards. She stated that again they were told the backup was caused by external blockages. She said that they were advised by NCSA to hire a contractor, and get an insurance claim number from NCSA. She noted that they waited to get the claim number from NCSA in order to be diligent. She stated that the contractor called it a disaster and noted that the backup had gone into the building’s vent system. She noted that Mr. Cheape and the NCSA Directors came out to take a look and again they were advised by George Miller not to worry, they (NCSA) have insurance. She said that they told the crew to get the sewage pipes replaced and has heard they are moving forward. She noted that at this point there was extensive damage now beyond $25,000 and they had to throw away $7,000 worth of food. She said they are now working with the Health Department and have been told verbally that the problem has been fixed. She noted that they don’t know what the problems were and what has been done to fix them. She said she knew that the NCSA capped the sewage pipe #6 to prevent run off from the Blair site. She said she got a claim number from Jennifer of NCSA and called Barry Harker to start the work. She said she called NCSA insurance (VACo) and got a call back days later after having incurred expenses, and was told they would not cover it due to Sovereign Immunity and the absence of gross negligence. She reported that they were attending the NCSA Board meeting later tonight.
To conclude, Ms. Shaw stated that they were requesting the Board’s assistance in the following:
• Ascertaining the accountability of the Service Authority
• Assisting in obtaining information concerning the events of January 20th and 25th
- What was the cause?
- What was fixed?
- What is left to be fixed?
- On what basis did the NCSA conclude it was safe to reopen?
- What assurance can be obtained in writing from NCSA?
- Is there currently a defective water/sewage pipe in close proximity of 632 Front Street?
- Is there a current health hazard?
• Access to Board of Supervisors documents under FOIA
- Concerning Lovingston water/sewage current infrastructure
- Concerning water/sewage pipes along Pleasant, Main, and Front Street
- Request sent to Steve Carter on February 8, 2010
Mr. Carter then noted to Ms. Shaw that the information that she had requested was available for pick up in his office.
• Emergency Loan or assistance of $25,000 to
- Pay local contractor’s costs incurred
- Pay ServiceMaster
- Pay employees who assisted in clean up
- Replacement of food loss
• Stop expansion of Water/Sewage lines until Lovingston’s crumbling infrastructure is properly identified, quantified and a definitive repair/replacement plan is in place.
Ms. Shaw further noted that a Real Estate agent had advised them that the building is devalued more than 30% if there is a looming sewage issue near the building. She noted that they have sought legal counsel; someone who has dealt with this in Amherst. She noted that they were only seeking emergency loan assistance as noted of $25,000 and are not asking for business loss or property devaluation.
Ms. Brennan then asked the Board members for comments, with Mr. Bruguiere stating that he thought it would be improper to comment until they have heard from NCSA or have a closed session to find out the facts.
Ms. Shaw reiterated that the NCSA Board will hear from them tonight and then they will follow up with legal counsel.
Ms. Brennan thanked them for coming and stated that she looked forward to talking with NCSA after they’ve heard their presentation.
B. Presentation – R2010-11 Resolution Commending NCHS Drama Team
This item was considered after the presentation of item C. VDOT Report.
Ms. Brennan read aloud the Resolution for consideration and invited Ms. Diana Driver and the Drama Team students in attendance to come forward and receive signed copies of the resolution. Ms. Brennan and Mr. Johnson presented the resolutions and commended them for their accomplishment.
Mr. Bruguiere then moved to approve resolution R2010-11 Resolution Commending NCHS Drama Team and Mr. Hale seconded the motion. There being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolution was adopted:
RESOLUTION R2010-11
NELSON COUNTY BOARD OF SUPERVISORS
RECOGNITION OF THE NCHS DRAMA TEAM
ONE ACT PLAY ENSEMBLE STATE CHAMPIONSHIP
WHEREAS, the Nelson County High School one-act play ensemble won the state championship for their one-act play entitled “Tuna Fish Eulogy”, written by playwright Lindsay Price, at the Virginia High School League One Act Theater Arts Festival in December 2009; and
WHEREAS, the team competed for the championship against eight other schools; having earned second place in district competition and first place in regional competition earlier in the year;
NOW, THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby recognize and congratulate Nelson County High School’s Drama Teacher Ms. Diana Driver and the Drama Team – One-Act Play Ensemble consisting of: Nathan Bird, Dan Dennis, Katherine James, Nicole Shumate, Hannah Lilley, Katie Wood, Megan Robles, Kaitlin Ashley, Bradley Carter, Yusef Kerl, Taylor Goff, Tye Saunders, Fiona Jones, Ben Spitler, Danyelle Phillips, Meg Linen, John Whalen, Annie Saunders, and Sami Cunningham for the outstanding performance of “Tuna Fish Eulogy” that earned them the state championship at the VHSL One Act Theater Arts Festival.
C. VDOT Report
This item was considered prior to item B Presentation R2010-11 Resolution Commending NCHS Drama Team.
1. Re-allocation of Rural Rustic Program Funds
Mr. Mike McCormack noted the following options related to funding of Rural Rustic Routes in Nelson County:
FUNDING FOR RURAL RUSTIC ROUTES IN NELSON CO.
In a recent effort to close out completed projects approximately $174,705 was found to be in the balance. With these funds we have several options for funding Rural Rustic Projects for the upcoming year.
Option # Option Description Route Length Traffic Count
Option 1 Fully fund Pigeon Hill Rd (#1) @ $87,900 Rte 681 0.6 Mi 110 vpd
And put balance of $86,805 on Cub Creek Road (#2) to fully fund 0.6 miles of roadway or wait for future allocations to fund entire 2.5 miles of the project at a total of $363,226. Rte 680 0.6 Mi 100 vpd
Option 2 Fully fund Berry Hill Rd (#3) @ $145,383 Rte 613 1.0 Mi 70 vpd
And put balance of $29,322 on Pigeon Hill Rd (#1) to fully fund 0.3 miles of roadway or wait for future allocations of $58,578 to fund the difference to build entire 0.6 miles of the project. Rte 681 0.3 Mi 110 vpd
Option 3 Fully fund Pigeon Hill Rd (#1) @ $87,900 Rte 681 0.6 Mi 110 vpd
And fully fund S. Powell Island Rd (#4) @ $74,101 and place balance of $12,704 on Cub Creek Road (#2) and wait for future allocations to fully fund project Rte 662 0.5 Mi 50 vpd
Option 4 Fund 1.2 miles of Cub Creek Road (#2) with the entire $174,705 Rte 680 1.2 Mi 100 vpd
No additional balance left over N/A N/A N/A
Mr. Bruguiere and Mr. Johnson spoke in favor of doing Option 3, which would fully fund Pigeon Hill Rd, the number 1 priority, and S. Powell Island Rd, the number 4 priority; leaving a small balance to apply to Cub Creek Rd. , the number 2 priority. Mr. McCormack noted that this would do S. Powell Island Rd. until it hits Tye River Rd. and would possibly leave a balance, but may not.
Mr. McCormack added that Sharon had found $57,000 remaining on a 6 year regular construction for Rt. 617 which is inactive and in storage and he may send the Board more information on what to do with this money. He stated that on the Rt. 6 and 639 project, he recommended developing the plans and getting to the right of way stage and then shelving it, then this would be a turnkey project given funding.
Mr. Hale questioned why the intersection of Roberts Mtn. Rd and Rt. 6 as opposed to Rt. 639 and Rt. 6, has first priority because of safety. He suggested that VDOT look at the costs of these projects because he thought that the Rt. 639 intersection was as much of a safety concern. Mr. McCormack noted that the projects were relatively the same costs but there may be a difference in the truck traffic volume. He further stated that VDOT was further along with the Roberts Mtn. Rd. intersection and going to Rt. 639 would be a big shift in focus. He added that both of these projects were held together by Federal Funds and have already been in the works.
Mr. McCormack then reported the following:
• For the Rt. 617 Scenic Byway designation, Eric Jeeter will get all of the information, will coordinate with his DCR counterpart and will do the byway review during leaf-out in spring.
• The covers were still on the Harry S. Harris bridge signs and Mr. Hale noted the Board’s wishes that they be taken off for now.
• They had the Rt. 151 speed zone request and Ms. Brennan noted that the Board was responding to citizens’ (Foxes) request and would keep bringing it up. Mr. McCormack stated that he would get back to traffic on this. Mr. Johnson remarked that the Diggs Mountain request for a speed limit reduction is now a year old, and Mr. McCormack stated that he would check with traffic to see if the request was made and if they were working on this.
• The road abandonment was in process with Mr. LaPuma.
• VDOT would be doing ARRA funded bridge rehabilitation on Norwood Rd., Phoenix Rd., and on Rt. 56 near Tyro. He reported that detours will be involved with these projects, with the public relations done by VDOT on these. Ms. Brennan suggested that this be put on the County website to get the information out.
Ms. Brennan then questioned whether or not the Board should allocate Rural Rustic funding to do part of Cub Creek Rd, and Mr. Bruguiere noted that it would only do .5 miles whereas they have the chance to completely do two roads with the funding. He further noted that they would get more bang for the buck and would serve existing subdivisions; helping more people. Mr. Johnson added that if S. Powell’s Island were paved, it would improve the maintenance service on that road. Mr. Hale noted his concurrence with this and the Board agreed by consensus to re-allocate the balance of Rural Rustic Program funds as proposed in Option 3.
2. Maj. Michael Martino Highway
Mr. McCormack reported that the signs were being fabricated, things were underway, and he would let the Board know when the signs were ready to be erected etc.
Following Mr. McCormack’s report, the Board had the following items:
Mr. Bruguiere:
Mr. Bruguiere stated that the folks clearing the roads have done an excellent job and suggested that the schools use snow routes as they do in Amherst County. Mr. McCormack noted that that there are certain areas were roads are passable by one lane and that they are trying to widen those now.
Mr. Hale:
Mr. Hale reiterated what Mr. Bruguiere said and noted having received one complaint from a Schuyler resident on the roads. Mr. McCormack reported that they had helped the Northern Virginia crews clear those roads.
Mr. Harvey then joined the meeting at approximately 2:35 pm and had no VDOT items to discuss.
Mr. Johnson inquired about recent flood damage and Mr. McCormack noted they couldn’t tell because everything was snow covered. He supposed there would be some pipes damaged and they will fix these after the snow melts. He noted that in general, the road surfaces are distressed due to the thawing and freezing cycle.
Ms. Brennan thanked VDOT for all of their hard work and inquired about an area of bus transfer off of Tidbit Trail, on Rt. 6 West. She noted that this had not been plowed and how would it work with the kids and buses. She further explained that she thought that the woodworking business there allowed this use. Mr. McCormack noted he would check with the School Division on this and that they may be responsible for snow clearing.
IV. Unfinished Business
A. Roseland Waterline Extension and Related Capital Improvements
Mr. Carter reported having met with NCSA on the proposed projects and noted that general agreement was reached on proceeding with the Roseland waterline, but with limiting the connections to the eight (8) customers that would have to connect, without any precedent conditional requirements from NCSA regarding the Authority’s project proposals. He noted that they agreed that any future connections would be reviewed and approved by NCSA to insure the adequacy of potable water supply and wastewater treatment capacity. He further noted that NCSA staff advised that the Authority would continue to pursue its project objectives albeit with the understanding that there was no present commitment from the Board to fund such projects. He also stated that both staffs agreed that continued joint meetings of the two Boards should be conducted.
Mr. Carter then referred to some operational numbers compiled for Piney River 3 and noted projected Revenues of $110,000 , a total cost of $185,653, which was a deficit of over $75,000. He further noted that the budgeted amount was $70,000. He noted that for the ensuing fiscal year 2011, staff looked at projected revenues and expenses, and the total expense outlay would be $114,379 above the anticipated revenue numbers including the $69,379 in debt service. He stated that staff has discussed and deduced that it is quite possible that with 8 customers in the Roseland waterline extension, there could be an additional annual expense of $58,000 for flushing the line; not including any O&M costs that would be billed to maintain the extension. He added that even before the next set of projects, it is possible that the County outlay would be close to $200,000 per year for county systems; in addition to the monies for current debt and fire protection.
Mr. Carter reported that he had checked with DEQ and the amount they’ve offered is set and would not be increased to Bury’s cost estimate.
He noted that NCSA was comfortable with going ahead if the Board wishes, with the outlined constraints in place and they would go ahead with looking at their projects, with all agreeing that the Boards should meet more often. He further noted NCSA’s pro-activity in pursuing funding opportunities such as State funding as well as funding from Rural Development.
In response to questions, Mr. Carter and Mr. Castillo noted the following:
• The DEQ funding number provided is $1,687,000 approximately. This is different from the Draper Aden report because there was now an infusion of stimulus funding and more funding was allocated based on the latest cost estimates provided by Draper Aden.
• The estimate for construction for the waterline is now approximately $1.9 million per Bury and does include eight (8) lateral connections. He noted that the deficit amount would be a couple hundred thousand, could come out of the budget or be financed. He noted that the bids could be more or less when bid out, but the Board would have to make up any difference between the DEQ funds and the actual costs if more.
• Mr. Carter noted that there is a linear foot difference between DAA and Bury estimates. Approximately 21,800 LF for the project per Bury, and 19,000 LF per DAA. He noted that the Board should consider the total outlay and best case financing of 75% grant for the projects and add another $86,000-$87,000 to that.
• Mr. Carter stated that the additional Operating costs associated with the project are unknown, so they weren’t factored in, however the other costs were noted to be close to a total of $200,000.
He confirmed that the County will have approximately $114,000 in operating costs for PR3 regardless of doing the extension project.
• Mr. Castillo confirmed that the Roseland extension section will need to be flushed but he needed to get together with Mr. Carter on these costs. Mr. Castillo added that the amount of flushing with the loop in place would be difficult to calculate due to seasonal issues that affect this, but that Mr. Carter’s best estimate was about $58,000 annually. Mr. Carter confirmed that this would be the additional cost of flushing and that current flushing was included in the current O&M payments noted.
• Mr. Castillo noted that they could not likely alleviate organics through filtering because they are regulated by what is in the distribution line by sampling point, which is at the Piney River Fire Dept. currently.
• Mr. Castillo stated that when the water is flushed it is currently wasted. He noted that they could coordinate the possible use of flushed water at the end of the Roseland line at the Rescue Squad, where there would be room for trucks to pull over there and fill up.
Mr. Carter explained the calculation to come up with $58,000 in flushing costs noting that having fewer customers makes the flushing worse. Mr. Castillo followed up that they were trying to do the extension project without triggering the other projects; so they don’t want so many connections; which would bring the reliability of the reservoir into question.
In response to questions about flushing at the Little Texas system in Arrington, Mr. Castillo noted that this system was flushed a couple of times there, but there was very little organics there because it was a blended water supply with surface and ground water in the Shipman area. Mr. Johnson questioned whether or not they could build a well on the other end of the Roseland system and go back the other way. Mr. Castillo stated that finding good quality groundwater is difficult; with Mr. Carter adding that DEQ has tried this and can’t find a suitable well to address the issue and that is why this extension is being discussed. Mr. Castillo confirmed that DEQ has tried to drill more wells, with no success to date.
Mr. Hale questioned what would happen for the eight (8) sites affected by the UST contamination if the waterline extension was not done, and Mr. Carter noted that the DEQ UST funds would still be available and DEQ would continue to remediate the problem. He noted that there were five (5) affected customers at the end of the proposed extension. He added that if the funds were not accepted, the funds could be broken out with there being sufficient funds to extend the waterline to Ferguson’s Store but not to Roseland.
In response to questions about the O&M costs to go to Ferguson’s Store, Mr. Castillo noted that it would be approximately $25,000 to $30,000.
The Board and staff discussed how County and NCSA staff arrived at the cost of flushing and the variables involved. Members suggested that both staffs sit down and agree on the flushing calculation estimates to reach a consensus. Mr. Carter reported that the NCSA’s overall O&M costs were not increasing per their Audit report, which suggested that the County is a revenue source. Members suggested that the County and NCSA needed to work together to address the impending stricter regulations affecting the County’s water supply.
Ms. Brennan questioned why now do they not have to do all of these projects as was first presented, with Mr. Castillo stating that the other projects were not needed unless the demand required it. Members noted that they would like to see the whole picture with associated target dates.
Mr. Carter reiterated that should the Board decide to do this, even at a 25% obligation, there would be $85,000 of additional expense on top of the anticipated budget deficit. He suggested looking at what will be required to be done in FY11 due to the deficit situation and noted a $900,000 school deficit right now.
The Board discussed this being a bad time to be faced with this decision, the projects have merit and it is a matter of bad timing.
Mr. Carter remarked that there was a lot of information to track through under the time constraints given by the State.
The Board questioned who would be responsible for the UST contamination if Roseland Rescue Squad disbanded and Mr. Carter advised that they would be even if technically disbanded.
Mr. Castillo noted that the opportunity solves a number of issues in the community and that NCSA has spent $160,000 to haul its own water to that community.
The Board noted their consensus of not being ready to do anything. Mr. Harvey stated that he needed more information on the extension only not including other components or costs already being paid or incurred. Mr. Bruguiere recommended doing the wastewater by- products study as recommended by DAA.
Ms. Brennan stated that the Health Department would require NCSA to have more water eventually and Mr. Carter added that the two (2) year threshold pertained to wastewater, not potable water, and the Health Department requirement would happen when NCSA reached 80% of their permitted water capacity. He added that flushing and draught conditions affect this.
Mr. Johnson supposed that there were more than just eight (8) people affected because of the Nursing Home and Rescue Squad etc. and it was noted that the current filtering solution there was eating up UST remediation funds available from DEQ.
Ms. Brennan suggested that Mr. Hale work with Staff to get figures together for the Board’s next meeting on January 25th, and that Mr. Castillo look over annual costs of operating the pipe extension only. Mr. Johnson added that he should further explore the flushing and reduced operating costs that might occur.
Following this discussion, there was no action taken by the Board.
V. New Business (As May Be Presented)
Introduced: Local Broadband Stimulus Funding Applications:
Mr. Johnson reported that local Broadband Stimulus Funding applicant, Clay Stewart, had received a funding denial letter that stated the denial was based upon his project not being in an underserved area and stating that Colleen was being served by NTelos. Additionally, he stated that the letter said that IBEC was providing service in the area under an existing RUS loan. He suggested that the Board contact its Congressman and Senators and inquire as to why the Federal Agencies would take statements on this from these companies and stated that something needed to be done to contradict this. Mr. Carter noted that the County, in its application process, had to refute this also, the consultants had to provide this information, and the County’s application is still being considered. He added that Nelson Cable was also impacted by the same comments from service providers.
Mr. Bruguiere questioned whether this could be due to CVEC plans and Mr. Johnson noted that NTelos was providing Stewart with service but at a much higher cost than at what the County could provide.
Mr. Carter noted having been contacted by Nelson Cable about how to address this, and the County’s consultants advised that they didn’t think they would be impacted by this.
Mr. Johnson noted that the providers’ applications were last mile and were summarily denied, and the County’s project is for Middle Mile. He noted that he knew that they could not appeal at this point but that he would like political representatives to review this. Mr. Carter stated that he would not want this type of action to impact the County’s application outcome.
Following discussion, Mr. Johnson moved that the Board officially ask its Congressman to look at this matter of why we are being called a served area with requestors being summarily denied based on this criteria. Mr. Hale seconded the motion and there being no further discussion, Supervisor voted unanimously (5-0) by roll call vote to approve the motion.
Mr. Carter then indicated that staff would write the letters on the Board’s behalf.
VI. Reports, Appointments, Directives, and Correspondence
A. Reports
1. County Administrator’s Report
Mr. Carter gave the following report:
A. Courthouse/Government Center Project: Construction in process albeit slowed by inclement weather.
B. Faber Collection Site Project: Construction delayed due to inclement weather conditions. Project completion projected to be April-May 2010.
C. Broadband Project: Receipt of a funding decision from NTIA is pending.
D. Blue Ridge Medical Center – CDBG Project: A public hearing is scheduled for the 2-25 meeting to receive input on the project and to consider formal endorsement by resolution for the submittal of a Community Improvement Grant request to VA-DHCD.
Mr. Carter noted that a public hearing was required and the Board’s endorsement of the project by resolution was due in to VA-DHCD by 3/31/10. He noted his intended attendance of a meeting with VA-DHCD in Richmond on Friday.
E. Artisan Trail Project: VA-DHCD has notified the County of its decision to fund up to $3,000 for completion of project related activities that can result in authorization to apply for a total of $25,000 in state CDBG planning grant funds for the project.
Mr. Carter noted that Nelson County is the grantee, but is working with Albemarle County on this project.
F. 2012 General Reassessment of Real Estate: Statements of qualifications were received from four firms by the January 29 due date. Interviews are proposed with each of the respondent firms by a committee consisting of the Board’s representatives, County Attorney, Commissioner of Revenue and County administrative staff.
G. Flood Plain Ordinance: Pursuant to FEMA’s provision of updated Flood Insurance Rate Maps, the County must update the local flood plain ordinance (which is a chapter within the zoning ordinance) to conform to state/federal requirements, inclusive of VA-DCR and FEMA review and approval by June 18, 2010. Staff is presently completing the update utilizing a model ordinance. To comply with the 6-18 dead line a joint public hearing with the Planning Commission in March 2010 is proposed.
Mr. Boger noted that if the Board doesn’t like what’s been done, the flood insurance program could be suspended which would affect 92 property owners. He noted that April may be the best time for the public hearing; even though nothing can be done about the designations at this point.
H. Water and Sewer Connections: Staff will confer with the Board for direction/guidance on application of the provisions in the County’s Subdivision and Water and Sewer ordinances pertaining to mandatory connection(s), inclusive of possible ordinance amendments to provide for uniformity in administration of the ordinances.
Mr. Carter noted that staff needed direction on how to resolve this conflict and provide certainty of the connection requirements between the Subdivision Ordinance and the County Water and Sewer Ordinance. He noted that he was bringing it to the Board because of two cases. He noted that it did not need resolution today but stated that direction is needed as to whether or not the Board is agreeable to pursue this.
Mr. Carter distributed a handout that summarized the issues and noted that if the Board was agreeable, staff could work through it and bring back suggestions that would allow for synchronization of all Ordinances. Mr. Boger added that it would have to go to the Planning Commission to amend the Subdivision part of it.
Mr. Harvey stated that if they can connect to water & sewer, they may have smaller lot sizes in the subdivision.
Mr. Carter briefly described a situation in the Piney River area where the party was interested in purchasing land and have been told that they have to connect to the public system if within 1,000 ft. He noted another situation on Rt. 29 that was a hardship consideration and the parties were going to ask for an exception, so a precedent was set and an administrative decision was made to allow the exception. He noted that the Service Authority’s connection fees were cost prohibitive at $8,000 and were a disincentive to connect. He noted that this was a family subdivision.
Mr. Phil Payne further explained that the Subdivision Ordinance was set up to handle subdivisions and that everyone will want an exception at $4,000 a pop. He stated that the County needed to change the Ordinance if the Board wanted to remove the connection requirement.
Following this discussion, the Board authorized staff to proceed; with Mr. Harvey suggesting that the requirement should be 300 ft. Mr. Carter noted that they used 1,000 ft at the time to capture more connections. He added that they did not require connections in Piney River, but an incentive was offered by the County to connect.
I. Former Deputies Claim: Another deputy, who was severed from employment with the Sheriff’s Department on 2-11, has advised staff that he will file suit to secure payment of leave and compensatory time.
Mr. Carter noted that this item was pending a response.
J. FY 10-11: Staff (tentatively) plans to introduce a budget document on 2-25. Related to this subject, the School Division has requested input on a possible joint meeting on 2-25.
Please advise should you require additional input on the above or other subjects.
2. Board Reports
Mr. Bruguiere, Mr. Harvey, and Mr. Hale had no reports.
Mr. Johnson reported the following:
1. Attended the DSS Board meeting and discussed a change in staffing.
2. Attended Legislative Day in Richmond with Ms. Brennan; spoke with House Aides and expects the Senate to kill ridiculous bills that they passed. He noted that there was concern that there will be real budget issues between the two houses. He noted that he invited Watkins Abbitt to come meet with the Board.
Ms. Brennan reported the following:
1. Attended the Rockfish Valley Fire Department dinner.
2. Attended a Martin Luther King Jr. celebration.
3. Attended Piedmont Workforce Council meeting and Mike Harvey spoke and received suggestions as to overall collaboration with schools on workforce development.
4. Attended TJPDC Mayors and Chairs meeting and discussed legislative issues and having a more cohesive request to legislators. She reported that the PDC met and discussed intergovernmental review and attendance of Legislative Day. She noted that the change in the burden of proof from property owners to assessors was the most egregious bill coming forward.
5. Attended a meeting on a rural historic district.
6. Attended a Homebuilder’s Association meeting and did brief presentation. She noted how much the Homebuilders love Mark Bolt.
Following Ms. Brennan’s report, Mr. Carter added that the County would be getting an 8 week Piedmont Workforce Council intern to work with the county staff at no charge and would be a training situation. He noted that a young woman from Lovingston started today and he would report more in March.
B. Appointments
Ms. McGarry summarized the appointments to be made, noting that Ms. Jane Davis did not wish to seek reappointment to KNB due to her busy schedule.
Mr. Hale then moved to reappoint Roger Nelson to KNB and Mr. Bruguiere seconded the motion. There being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the appointment.
Ms. McGarry noted that the Board had received the statement of interest in the Jefferson Area Disabilities Services Board from Dr. Kathryn Cameron. Following brief discussion, Mr. Bruguiere then moved to appoint Dr. Kathryn Cameron to the Jefferson Area Disabilities Services Board and Mr. Hale seconded the motion. There being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the appointment.
C. Correspondence
There was no correspondence considered by the Board.
D. Directives
Mr. Johnson, Mr. Harvey, and Mr. Bruguiere had no Directives.
Mr. Hale suggested that there be individual pictures of the Board members on the County’s website.
Ms. Brennan had the following Directives:
- Check with Maureen on Ms. McGarry updating the minutes on the County’s website.
- Will talk with Ms. Bowling about resuming 2x2s with the School Board members.
- Update the monthly punch list
- Check with the Electoral Board on the status of Bail Out research
- Advised staff of VT Rural Energy of America Workshop
- Inquired about the status of the Arts and Cultural District, with Mr. Carter noting the report is ready to
be sent out.
- Inquired as to the status of updating the Comprehensive Plan, with Mr. Boger noting that they are
waiting to see what happens with the UDA requirements and the data has been updated.
- Inquired about the School Board’s request for a joint meeting, and the consensus of members and staff
was that there was not much to discuss at this point. Mr. Carter noted his concerns about meeting
before the Board has seen its budget, and added that the Governor may make more changes affecting
education and DSS. He noted that budget versions were coming out from the houses on 2/21 and he
anticipates that the problem will worsen for education and Social Services.
Mr. Hale stated that it might be a good idea to go ahead and meet since they have 3 new members and then they can say what they have to say; and it could be more social than a work session.
The Board agreed by consensus to invite the School Board to meet prior to their regular meeting on the 25th at 6pm, including a pizza dinner. Mr. Carter advised that the Board would have to adjourn the meeting to that time.
VII. Recess and Reconvene for Evening Session
At 5:20 pm, the Board agreed by consensus to recess and reconvene for the evening session at 7:00 pm.
EVENING SESSION
7:00 P.M. – NELSON COUNTY COURTHOUSE
I. Call to Order
Ms. Brennan called the meeting to order at 7:00 pm, with all Supervisors present to establish a quorum.
II. Public Hearings & Presentations
A. Conditional Use Permit #2009-004 – Shannon Farm Assn. Inc.
Consideration of a CUP submitted by Shannon Farm Assn. Inc. pursuant to Section 4-1- 24a, Cabin, to build a 16’ x 16’ rustic cabin on property located at 274 Shannon Farm Lane, Afton, Virginia, Tax Map #13-4-2.
Mr. Boger reported the following: Shannon Farm was an “Intentional Community” and may have been established in 1977. He noted that the Master Site Plan for Shannon Farm was approved by the Planning Commission on May 22, 1985. Shannon Farm was a single tract of land totaling approximately 488.65 acres owned by Shannon Farm Association, Inc. There are no individual lots or private roads in this Community. The individual dwellings are built on land owned by the Association and they are served by driveways. The Master Site Plan does indicate how the tract of land could be developed as a subdivision and buildings constructed have been located on the theoretical lots. The required zoning setbacks are around the boundary lines of the 488 acre tract of land and there are no individual lots because this is not a recorded subdivision. Dwellings that have been constructed on the property have a variety of setbacks, some close to the driveways and others set back further.
He stated that the applicant would like to construct a rustic cabin at this time in an area shown on the plan as lot 22. The cabin will be used for weekend retreat and/or guest cottage and will be 16’ x 16’in size. The cabin will be non-electric, have alternative plumbing, and will operate less than 180 days. He added that the applicant will put a restriction on it in the deed as required.
Mr. Bruguiere inquired as to their requirement to do a site plan, with Mr. Boger noting that they have a master plan and drawing that will serve as the site plan. He added that there is a limitation on the number of lots per the Association’s bylaws.
Ms. Brennan inquired about a water source, and the applicant, John Cunningham of Shannon Farm Association representing the Housing Committee, stated that there will be water available from cluster wells that serve the Community
There being no further questions of the applicant or Staff, Ms. Brennan opened the public hearing. There being no persons wishing to be recognized, the public hearing was closed.
Following the public hearing, Mr. Hale moved to approve Conditional Use Permit #2009-004 for a 16 x 16 rustic cabin on property located at 274 Shannon Farm Lane, Afton, Virginia, Tax Map #13-4-2. Mr. Bruguiere seconded the motion, and there being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion.
III. Other Business
There was no other business considered by the Board.
IV. Public Comments
There were no persons wishing to be recognized for public comments.
V. Adjournment
Mr. Hale moved to continue the meeting until 6pm on Thursday the 25th and Mr. Harvey seconded the motion. There being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the meeting was continued until 6pm on Thursday, January 25th in order to conduct a joint meeting with the Nelson County School Board.