Board of Supervisors

Virginia:

AT A 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

Absent:    None

I.    Call to Order

Ms. Brennan called the meeting to order at 2:04 pm, with all Supervisors present to establish a quorum.

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

II.    Consent Agenda

Ms. McGarry noted that there was no Budget Amendment (R2010-14) for the Board’s Consideration under the Consent Agenda.  Mr. Hale then requested that the February 16th Minutes for Approval be deferred and members agreed to do so by consensus. Ms. Brennan noted an edit to the January 28, 2010 minutes for approval and the change was so noted by Ms. McGarry.

Mr. Johnson then moved to approve the Consent Agenda removing the aforementioned minutes and Budget Amendment.  Mr. Hale seconded the motion and there being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and the following resolution was adopted:
A.    Resolution – R2010-13 Minutes for Approval

RESOLUTION-R2010-13
NELSON COUNTY BOARD OF SUPERVISORS
APPROVAL OF MEETING MINUTES
(January 26, 2010 & January 28, 2010)

RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board’s meetings conducted on January 26, 2010 and January 28, 2010 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.

B.    Resolution – R2010-14 FY10 Budget Amendment  -  Not Needed for Consideration

III.    Public Comments and Presentations

A.    Public Comments

Ms. Brennan opened the public comments session and directed those wishing to speak to state their name and address,  keep their comments to three (3) minutes or less, and to address the Board; not other members of the public.

1.    Mr. Kenneth White, Roseland & President of the Virginia Taxpayers Association

Mr. White distributed and read aloud the following prepared statement:

Madam Chairman and members of the Board, my name is Kenneth White, 93 Shields Gap Road, Roseland, and I am President of the Virginia Taxpayers Association. After my Statement to the Board of Supervisors February 9, 2010, one of the most highly qualified analysts of this nation’s situation today, Dr. Paul Craig Roberts, former Assistant Secretary of the Treasury in the Reagan Administration, wrote unequivocally February 10, 2010 that (QUOTE) ”It Is Now Official: The U. S. Is A Police State” (UNQUOTE), backing up his declaration with massive evidence (declaration attached).

Just one conspicuous example of this police state, relative to the Nelson County Board of Supervisors, is in the Shreveport Times article reported February 27, 2010 (attached) regarding training of local police in Louisiana’s Bossier Parish for an “end of the world” scenario, dubbed “Operation Exodus”, from the Bible’s Book of Exodus.

If such an operation were proposed for Nelson County — and recent experience shows that the Department of Homeland Security and NORTH COM are both encouraging such local demonstrations around the nation — your Board of Supervisors certainly would have jurisdiction as to whether such an outrage would be permitted in our own county. And we would expect you to firmly reject such an operation.

This is another example of mass mind control, to which we are all subjected on every side today, and which must be combatted and nullified by widespread sound knowledge of the purposes of the most powerful persons in our society today, regardless of their political party.

At your February 9, 2010 Board meeting I spoke against possible use of a full length metal detector for all persons entering the new main entrance of the Court House, and also against use of full body scanners — which are dangerous, highly toxic and carcinogenic to both persons subjected to the body scans and personnel controlling the machines and I state my opposition to this— anywhere in the enlarged Court House.

Since you have had a full month to consider these matters, I believe I have a right to receive answers today to the following questions:

1. Has the Board discussed, and/or has it come to any tentative or more firm conclusions, and what are these conclusions, as to whether a full length metal detector will be placed at the new main entrance or only at entrances to the court rooms? If so, has any contract been signed for purchase of such full length metal detectors, how much was the contract, and with what organization has it been signed?

2. Has the Board discussed, and/or has it come to any tentative or more firm conclusions, and what are these conclusions, as to whether a full body scanner will be used anywhere in the enlarged Court House? If so, has any contract been signed for purchase of such a full body scanner, how much was the contract, and with what organization has it been signed?

I will await your answer to these questions. That concludes my Statement.

Ms. Brennan noted to Mr. White that the Board would not respond to public comments and noted that it would be up to the Board and they would discuss this in the future.

2.    Ed Pearson, Rainbow Ridge Rd.,  Faber

Mr. Pearson expressed his concern about full body radiation scanners and health hazards associated with EMF radiation emitted by these, cell phones, and Wi-Fi etc.  He questioned how the Board will provide for those who are EMF sensitive during public meetings, such as turning off the Wi-Fi and/or having the meetings in another location.  He likened this issue to the early stages of handicap accessibility and urged the Board to consider and respond to these concerns.  He offered to come back with a measuring device later that would read for harmful levels of EMF.

Ms. Brennan noted that the Board had received the information that he had provided on this and did not know about him testing in Boardroom. Mr. Pearson explained how his measuring device worked and noted that he would take this up with Board later on.

3.    Pete Perdue, RVCC Senior Group

Mr. Perdue noted that seniors from all over the county were in attendance. He referred to the state of the seniors report previously presented by Frances Mitchell and noted that the seniors there wanted to put a face on the statistics. Mr. Perdue reported that there are several seniors approaching 100 years of age and one who will become centenarian this year. He noted that the moral test of Nelson County government was how it treated those in the dawn, twilight, and shadows of life.  He stated that he believed the Board would do the right thing by the seniors and that the seniors were there to speak on their experiences at the senior centers.

4.    Rev. James Rose, Wingina

Mr. Rose thanked the Board for all they have done in the past. He noted that he was concerned about the budget and hoped the Board would continue support to seniors.  He noted the importance of the Nelson Center to the seniors and stated that seniors had no other place to go except to the senior center.  He reported that they have inspirational services on Mondays for those who cannot attend church on Sundays.  He urged the Board to continue to support seniors while acknowledging awareness of the budget constraints. He stated that he hoped the Board would recognize the senior who will be 100 years old and invited the Board to go and sit down at the senior center to hear the concerns of the seniors and make themselves known.

5.    Ernestine Elliot, Arrington

Ms. Elliot stated that the senior center represents hope. She reported that she had been in the Nelson County Healthcare Center for a year and had the senior center as inspiration to come back to.

6.    Florine Cerphy Afton

Ms. Cerphy noted that she was concerned about the meals and wants the Board to support seniors because most have meals by themselves and then eat with others at the center. She noted how she looks forward to eating with all of the seniors and invited the Board to go to RVCC on Thursdays to join them.

7.    Delores Goska, Afton

Ms. Goska noted that she lives alone and goes to RVCC to socialize and have a hot, healthy meal and then stated her appreciation for any support the Board could give them.

8.    Mary Gray, Afton
Ms. Gray noted that she lives by herself and goes to RVCC senior center, to talk and associate with other people. She noted that she has a great time and would go to the center any chance she got.

9.    Norma Watson, Gladstone

Ms. Watson noted that she was speaking for all seniors and on behalf of Gladstone Senior Center representative Kitty Lyle, who was in the hospital. She reported that they have people that eat out of cans when they live alone, don’t have social contacts, cannot go anywhere without cars, and were alone. She stated that the seniors need community centers so they can find out who needs help to be able to give them help and to have a good hot meal. She asked that the Board remember these things when making considerations.

10.    Irene Thompson, Nellysford

Ms. Thompson stated that she loved going to the senior center.  She stated that they had lost 3 members this year and the center was their lifeline. She asked that the Board remember the seniors and invited them to have lunch.

11.    Louis Elliot, Arrington

Mr. Elliot commented that we were all living in a time now where financial concerns are being experienced all over the world and acknowledged that the Board was responsible for providing for the needs of the County and to prioritize things.  He noted his appreciation of past support and asked that they remember them now.  He reported that a nurse comes every Monday to the center to perform testing that they may not get otherwise and stated that he was getting folks acclimated to computers at the centers and that there was a lot going on. He asked that the Board keep them in mind in the future.

12.    Fred Terry, Lovingston

Mr. Terry thanked the Board for the good job in handling their money. He asked the Board to still fund senior groups and not to forget them. He noted that he was a member of the RVCC senior group and that they would be good stewards of the County’s money and spend it like they expect them to.

13.    Mildred Trent, Nellysford

Ms. Trent noted that she lived alone, doesn’t drive, and sometimes does not see a person for a whole week.  She stated how much she enjoys attending the senior center, thanked the Board for listening and asked them to help in any way they could.

14.    Donna Small, Nellysford

Ms. Small stated that she thought the senior meal program was wonderful and hoped it continued.  She stated that she wanted to know why the senior meal program was moved from the Rockfish Valley Fire Department to the Rockfish Valley Community Center, where there is a charge for the room and then an extra charge for the kitchen where they were donating 75% of the hot meals being served. She also noted her understanding that the senior center had $20,000 left over from previous years funding.

15.    Lois Roberts, (residence unknown)

Ms. Roberts noted that she uses a microwave and disagreed with Ed Pearson’s comments.

16.    Jean Roberge, Gladstone

Mr. Roberge stated that he had moved here three (3) years ago and thanked the senior center for welcoming them.  He asked that the Board not forget them during budget talks.

17.    Connie Brittle, Manager for Nelson Center

Ms. Brittle thanked the Board for their monetary support and for their attendance at the center. She reported that they had requested more money this year and would like to at least have level funding across the board.

18.    Walter R. Seagress, Shipman

Mr. Seagress noted that he has attended senior centers for twenty (20) years and that he believes that they enhance the quality of life for seniors. He reported that he attended four (4) times per week at the Nelson Center and sings at the nursing home on Fridays.

19.    Juanita Calhoun

Ms. Calhoun reported that she had found the RVCC senior group; they took her in and have been marvelous to her, and she was very happy here with the senior group. She noted that she lives alone too and thanked the Board for being so nice to RVCC.

20.    Irene Thompson, (residence unknown)

Ms. Thompson stated that she didn’t understand why Ms. Small, a private citizen, has a gripe with RVCC.  She noted that they pay taxes and have for many years and further noted that there may not be a senior center when she needs one.

21.    Donna Small, Afton

Ms. Small stated that she was not trying to stop the senior program, but thought that the rent money that they were paying to RVCC could go towards the senior program if it were kept at Rockfish Valley Fire Department (RVFD).

22.    Shirley Gunter, Gladstone

Ms. Gunter stated that the senior center meant a lot to the seniors there and she appreciated all that the Board has done and would appreciate anything the Board could do for them.

23.    Peter Perdue, RVCC Senior Group

Mr. Perdue stated that he was impressed with the seniors for expressing their message and asked for a brief recess to exit building.

There being no other persons wishing to be recognized for public comments, Ms. Brennan closed the public comments session and the Board took a short break.

B.    VDOT Report

The meeting resumed at 3:05 pm and Mr. Mike McCormack of VDOT gave the following report:

•    There will be a static sign posted 15 days before bridge work is done at the location.

•    Received and installed Martino signs on Rt. 151 and are not presently covered. Will assist with any presentation ceremony should the Board wish.

•    Need to have six (6) year plan public hearing and noted that $54,000 in telefees is the only funding to discuss, noting that there was very little distribution of funds to consider.

•    Ongoing things with federal funds such as the turn lane at Old Roberts Mtn. Road and the Rt. 639 project.  Can use remaining funds towards unpaved roads, guardrails, and small safety improvements could be done.

•    Looked at Roseland waterline extension and the line would be off of VDOT property.

•    In the future, someone in district will be the Government Liaison and the residency is working with current administrators in Appomattox.

•    Snow removal is hopefully over and normal activities in maintenance will be the same.

Mr. McCormack then noted that he has not yet checked on the Diggs Mtn. Road reduced speed limit request and then asked about the H. Harris bridge ceremony.  Ms. Brennan noted that nothing had been set as of yet.

Mr. McCormack reported that they had addressed the turnaround situation and the end of state maintenance situation on Rt. 745, Lakeview Lane for snow removal for buses.  Mr. Harvey remarked that he thought the problem was that residents were parking in the turnaround areas and buses couldn’t turn around.

Mr. Johnson inquired about road repairs from the recent flooding, and Mr. McCormack noted that they were looking at this and most of the scouring was being worked on. He noted that they were doing what they have to do while watching the budget.

Mr. Bruguiere noted that he wanted to see permitting done to start ditching back roads; he noted that the gravel was in the ditches and on the banks. He noted that the paved secondary roads have sod in the ditches and need cleaning out.

Mr. Hale inquired about the RT 6 east bridge at Faber, noting that signs and the traffic light were up. Mr. McCormack noted that these would be similar improvements to the others.

Ms. Brennan thanked Mr. McCormack for making things happen and noted her appreciation for the work being done.

IV.    Unfinished Business

A.    Conveyance of Property (RVCC Draft Deed) (R2010-05)

Mr. Carter noted that he would defer to Mr. Payne who had done the work on the draft deed and noted that Mr. Bob Kenney was present representing RVCC. Mr. Payne noted that he had worked with Ralph Turpin, RVCC adviser, and had made a minimal language change to the agreement and the Board could consider the resolution of conveyance.

Mr. Carter pointed out that the resolution for consideration still had the blank for number of installments.

Ms. Brennan suggested adding language to the resolution referencing the “agreement” along with the noted attached deed.

Mr. Hale added that “L.S.”, standing for licensed surveyor, should be inserted after David Collin’s name.

Mr. Payne further noted that the minor change read that upon re-conveyance of the property, the Board would pay any debt and reacquire the property for no additional consideration from the county.  He noted that he had not heard anything from Mr. Turpin on this, which usually means it, is okay. He added that what had been discussed is in place and a few minor points have been ironed out.  He reiterated that one change made was the removal of the reservation of space for unloading of trucks and in lieu of this they had reserved an easement across the roadway and a water easement to draw water from the well and to maintain the pipes for well. He noted the other clauses that remained and that the Agreement is a subordination agreement which allows RVCC to use the property as collateral and the lender will use covenants for the purpose to make the property suitable for value for collateral. He noted that they could sell the property free and clear of those 4 conditions. He reiterated that if in default, they would give the County reasonable notice and convey it back at no cost to the County and the County pays off any debt. Reacquisition of the property would be optional.

Ms. Brennan inquired as to whether or not RVCC could borrow more than the property was worth, with Mr. Payne noting that it could happen and the Board could seek to limit the amount of borrowing. He speculated that the Banks would probably look at this very closely.

Mr. Kenney, Board of Directors of RVCC noted that the amount borrowed is dependent on their ability to service the loan; and that they would be severely limited by their ability to service a loan on an annual basis.

Members and Mr. Payne discussed next steps with the consensus being to go forward with the resolution to authorize the County Administrator to execute the documents to close the deal as presented.

Mr. Payne readdressed the question of the number of equal installments to insert in the resolution, and members and Mr. Kenney confirmed that it should be ten (10).

Following this discussion, Mr. Hale moved to approve resolution R2010-05, Resolution Authorizing the Disposition of County Property, Tax map #12-A-44; Former Rockfish Valley Elementary School by Private Sale to the Rockfish Valley Community Center, in accordance with changes to add ten (10) equal installments in the deed and in the resolution and adding “and agreement” as well as the deed.

Ms. McCann noted that the RVCC contact information needed to be added to the Agreement and it was so noted by Mr. Payne.

Mr. Bruguiere seconded the motion and 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-R2010-05
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION AUTHORIZING THE DISPOSITION OF COUNTY PROPERTY TAX MAP #12-A-55; FORMER ROCKFISH VALLEY ELEMENTARY SCHOOL BY PRIVATE SALE TO THE ROCKFISH VALLEY COMMUNITY CENTER

WHEREAS, pursuant to §15.2-1800 of the Code of VA, 1950,  local governments are authorized to dispose of publicly owned real property via public or private sale, exchange, lease as lessor, mortgage, pledge, subordinate interest in or otherwise dispose of its real property provided a public hearing has been held concerning such disposal; and

WHEREAS, a public hearing to receive citizen comments on the proposed private sale of the old Rockfish Valley Elementary School, Tax Map #12-A-55, to the Rockfish Valley Community Center was held on September 8, 2009; and

WHEREAS, the Nelson County Board of Supervisors has determined to convey certain of the foregoing property to Rockfish Valley Community Center in consideration of $16,548.00, evidenced by a promissory note and payable in ten equal annual installments,

NOW THEREFORE BE IT RESOLVED, by the Nelson County Board of Supervisors that the County Attorney, Philip D. Payne, IV or the County Administrator, Stephen A. Carter, is hereby authorized to execute all legal instruments to effect the sale of said property on behalf of the Board of Supervisors to the Rockfish Valley Community Center; in consideration of $16,548.00, in accordance with the terms and conditions as described in the attached Deed and Agreement, and as delineated on the attached Plat of Survey entitled “Plat of Parcel X, A Boundary Line Adjustment of Parcels (A)-55 and (A)-100 B, Tax Map 12”, dated November 30, 2009 and prepared by David L. Collins L.S.. The property to be conveyed being approximately 10.109 acres together with all buildings and improvements thereon and appurtenances thereunto, in the Rockfish Magisterial District.

B.    FY11 General Fund Budget

Mr. Carter noted that Ms. McCann would summarize where things were in the process and then discuss holding a continued meeting the following week.  He stated that he was hopeful that the General Assembly would finalize a compromise budget by Thursday and then staff would be positioned to move forward at that point.

Ms. McCann distributed copies of a comparative analysis of both the House and Senate versions of the budget and noted that the numbers presented were estimates. She stated that there were no final compensation board numbers and she had gone through the legislation to make calculations; which was not exact. She noted that the Dept. of Education had put out definitive numbers for the House and Senate versions and she thought those numbers were fairly solid.

She then reviewed the following spreadsheet:

She noted that the expenditures had been adjusted to include new Facility costs for the new courts building that include costs for custodial services, security, and utilities etc. for six (6) months.

She stated that for the revenues, House and Senate adjustments put money back in that Governor Kaine had taken away. She noted that the left side scenario shows a General Fund excess range of $232,446 to $226,552. She noted that with the school fund shortfalls considered, the Net Shortfall ranges from $607,461 to $890,509 and the Board would have to decide what to do with the excess on the General Fund side.

She then stated that she had taken another look at the Real Estate and Personal Property tax revenues and adjusted for a little more growth and increased the collection rate, as shown on the right side of the spreadsheet. She noted that this adjustment resulted in a General Fund excess ranging from $546,924 to $552,818 and a Net Shortfall after adding in the School deficit ranging from $287,089 to $570,137. She noted that she was comfortable with these estimates, but would have to monitor them throughout the year.

Ms. McCann also noted the information provided to the Board on possible new revenue sources, which showed that an increase in the motor Vehicle License Fee for private passenger vehicles or trucks from $20 to the maximum allowed of $33 and for motorcycles $8 to the maximum of $18, would yield $159,575 in FY10 and $202,538 in FY11.  She also noted that a 1 cent increase on the Real Estate tax rate would yield $130,522 in FY10 and $277,682 in FY11. She then noted the time frames for implementing these increases and stated that they would need to decide by the last March meeting.  She noted that staff hoped to schedule a work session the following week when more definitive state numbers have been made available.

In response to questions, Ms. McCann noted that she revised the Real Estate tax collection rate to 94.5% vs. 93% previously used. She noted that the County was collecting at that rate in FY09 and during the first half year, has met this collection rate.

Mr. Carter added that there were collection rate tables listed in the County’s audit that show historical trends. He also reiterated that staff had not yet gotten firm numbers from the Commissioner of Revenue, which could influence the numbers presented.  He reiterated that he was comfortable with the numbers presented, but that the state was an unknown influence; however staff was positioned to move forward quickly once they were known.

Ms. McCann reported that there was not a lot to go through on the revenue or expenditure sides of the General Fund budget and Mr. Carter added that it was primarily level funded.

In reference to the jail budget line, he noted that the prisoner support bill had not been determined yet, however the Jail had indicated that it would absorb new costs except for the per prisoner rates. Ms. McCann added that the Department of Social Services would not be requesting more local dollars other than what was included, even though have been cut.

The Board and staff then discussed a work session date with Mr. Johnson noting that he would be leaving town the afternoon of Thursday the 18th. The Board then agreed by consensus to meet on Wednesday the 17th at 4pm for the budget work session.

V.    New Business (As May Be Presented)

There was no new business considered by the Board.

VI.    Reports, Appointments, Directives, and Correspondence
A.    Reports
1. County Administrator’s Report

Mr. Carter reported the following:

A. Courthouse/Government Center Project:  Construction in process.  Blair Construction noted on 2-25 that it continues to work towards a January 2011 occupancy date.  Blair has also received an invoice ($15,569.29) from NCSA related to the Authority’s Lovingston wastewater collection system

B.  Faber Collection Site Project:  Resumption of construction is planned for 3-15, weather permitting.

C.  Broadband Project:   Receipt of a funding decision from NTIA is pending.

D.  Blue Ridge Medical Center – CDBG Project:  2nd public hearing scheduled for 3-9 with BOS application submittal to be considered at that time.  Application deadline is 3-31.

E.  Artisan Trail Project:  Work is in process on initial tasks required by VA-DHCD to establish eligibility for $25,000 in CDBG planning grant funding for the project.

Mr. Carter noted that a public hearing was held with little public attendance; however this fulfilled the grant eligibility requirements.

F. 2012 General Reassessment of Real Estate:  Interviews conducted with 3 of 4 respondent firms.  Ranking of firms, selection, and contract discussions to be completed by March 12.

Mr. Carter noted that staff was following up with reference checks this week and can bring this back for the Board’s endorsement of the committee’s selection.

G.  Groundwater Monitoring:  County and Draper Aden Assoc. staffs met with VA-DEQ staff on 2-17 regarding DEQ’s request for installation of an additional monitoring well.  A vigilant effort is in place to endeavor not to install the well.

Mr. Carter described the 2-17 meeting with DEQ and noted DEQ’s ongoing intent to install another ground water monitoring well on the north side of the cap. He stated this issue has been ongoing since 2006, even though the County had a previous determination that it didn’t need the well. He stated that new geologists at DEQ want to be sure that the water is not flowing to the north. He noted the potential costs of $15,000-$20,000 for the well installation plus the testing. He reported that the Draper Aden consultants have done a lot of work to show it is unlikely that water would flow to north; but there is no certainty.  He noted that they continue to point out that there is no impact to anyone in that area.

H.  Federal Appropriation Requests: Requests submitted to Cong. Perriello and Senators Warner and Webb for federal FY 2011 for the BR Tunnel and Radio Communications projects.

I.  FY 10-11 Budget:  Staff briefing (update) on 3-9.  Proposed work session week of 3-15.

Mr. Carter added that he had emailed Dr. Collins and Ms. Irvin to get an update on the TRES roof project, but they were not available. He then noted that the Faber collection site was still experiencing abuse and he had spoken to Capt. Ron about this.  Mr. Hale noted that he had observed that the five (5) open tops there were completely full this weekend. Mr. Carter stated that they pulled all of the cans the previous day and they were all full again today.  He reported that at least 50% of the waste from Faber was commercial waste on a regular basis per the Transfer Station attendants. He reported that six (6) tons of brick from a chimney were put in one of the containers recently. Mr. Carter noted that the Faber site could be completed in sixty (60) days if the contractor could get rolling, noting that the landscaping could/would be completed last.

2. Board Reports

Mr. Johnson and Mr. Bruguiere had no report

Mr. Harvey reported that after the Board’s vote on the Roseland water line extension, he contacted Watkins Abbitt about his concerns and asked for help on their end to get DEQ to fund 5-8 years of maintenance on the line. He noted that Mr. Abbitt was going to make contact with DEQ on this and get back to him.  Mr. Carter added that he had communicated the Board’s decision to DEQ and they had acknowledged receipt of the email yesterday without comment.

Mr. Hale reported the following:

•    He had sent a letter after talking to Alyson Sappington who was meeting with DEQ about the whole UST remediation problem. He noted that he understood from Mr. Bruguiere that there was no longer remediation going on at the Roseland Rescue Squad; it is no longer contaminated but just tastes bad. He said that there should be close to $300,000 in the pool of money there. He reported that the water is potable there but in the area it is not.  He also noted that he had spoken to George Krieger who wanted the extension line to service houses down there; so could add more than 8 people. He noted that if they added 70 some customers, NCSA won’t be close to the 80% capacity, but rather it is the flushing that is the problem. Mr. Harvey suggested the installation of a car wash to use flushed water at Roseland Rescue squad.

In response to questions, Mr. Bruguiere reported that DEQ had removed all remediation at the     Rescue Squad except filters there. He added that the water is still contaminated but at a level that     meets their regulations.

Mr. Hale clarified that there was still the possibility that there were other solutions out there and     that was all he was asking about.

•    Schuyler seniors were unable to come to the meeting, but say that they appreciate the senior center and have twenty-one (21) folks who have meals delivered as a result of the program.

•    He was still mulling over the WiMax Broadband application endorsed through TJPDC, wondering why bother with it if it is not better than dial up.  Mr. Johnson clarified that it is better than dial up, but not much better. Mr. Williams had reported that they would go up in megabytes in two (2) years. He noted that WiMax will get to places that other services can’t if the subscriber can’t get anything else. He further reiterated that the County should support the two (2) big local players, Stewart Computers and Nelson Cable. Ms. Brennan noted that the Broadband Services Authority should meet as soon as the County knows about the stimulus funding. It was further noted that the County’s application is Middle mile and WiMax is a last mile solution.

Ms. Brennan reported the following:

•    Attended BRMC ribbon cutting with Mr. Jonson, Mr. Carter, and HRSA Representative. She noted that the Ribbon cutting was for federal funding of the expansion; where they briefly discussed the benefits of telemedicine counseling.

•    Reported on the meeting with Karen Firehock; with Mr. Carter adding that she teaches at UVA and one of her graduate programs in planning will be conducting a study on green resources throughout the county. She explained that the team would come in and inventory green assets and put together a report for the County. She stated that there would be no strings attached and would be a resource and reference to the County. She reported that the County has sent her a letter of interest and was fairly certain it was submitted to DCR and DOF for grant funding. She stated that they could start in the fall and have the report by year end. She noted that they would present the report to the Board at some point and this was different from the TJPDC study and report.

•    Considering going on the JABA Board of Directors so she can understand what they are doing over there. She noted that they have a many enterprise projects that help them earn money.

•    Attended a small business development program for restaurateurs along with two (2) people from the apple industry, grape growers, and restaurant people. She reported that Nora Gillespie was here in the County once a month to assist small businesses and there was a new program on social networking coming up.

•    Interviewed Reassessment RFP responders.

•    Attended CCJB meeting in Charlottesville and they have contracted with a national firm who does prison and jail assessments. She noted that they had gotten a preliminary report that said that they were well run, with few disturbances, but were overcrowded. She noted that the final report should be ready at the end of the month on what they can do to keep people out of jail. She noted the pending legislation requiring jails to support prisoners for two (2) years instead of one (1).

•    Attended TJPDC meeting and discussed the Chesapeake Bay maximum daily loads legislation. She said that the EPA was setting these and passing them down to states resulting in more expensive procedures to maintain water quality and storm water management. She reported that there was a revolving fund for low interest loans for the replacement for hot water heaters etc.

•    Reported that the RVCC parking lot was overflowing for the Saturday morning market and was encouraged that they will be able to keep going.

B.    Appointments

Ms. McGarry noted that Mr. Sims had resigned from the JABA Board of directors, Ms. Brennan had expressed an interest in serving on this Board, and the vacancy was being advertised in the paper and on the County website. Mr. Hale inquired as to whether or not Board of Supervisors members were on this Board and Ms. Brennan noted that Supervisors from other localities were. Ms. Brennan expressed a desire to continue advertising the vacancy prior to the Board making an appointment.

Ms. McGarry noted that Mr. Ronald L. Moyer had expressed a verbal interest in continuing to serve as an alternate on the Board of Zoning Appeals (BZA) and that this was a recommendation to the Circuit Court Judge who made the appointment.

Mr. Harvey then moved that the Board recommend Mr. Moyer as the alternate on the BZA and Mr. Hale seconded the motion.  There being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion.

C.    Correspondence

Mr. Carter noted no other correspondence other than the community center correspondence that was in the packet. Ms. Brennan noted the noted from Ms. Debbie Bowling thanking the Board for their condolences.  Ms. Brennan also thanked Mr. Carter for responding to a letter she had received regarding County EMS services.

D.    Directives

Mr. Bruguiere and Mr. Harvey had no Directives.

Mr. Hale questioned the status of the Blue Ridge Tunnel Project and the County’s request for funding.

Mr. Carter reported that the engineers were here Friday and staff met with Kirsten Tynch on the 35% drawings and then they were meeting with Mr. Tyler on his comments. He noted that Kirsten had indicated that when they met before, Mr. Tyler had specified the parking lot location and now has said he thinks the drain field was under there; so they were meeting to straighten that out. He noted that the effort now was to obtain an easement from CSX near the Tyler property and stay away from the other property owners.  He noted that staff agreed that Woolpert should go ahead to 60% drawings and not wait for VDOT to comment on the 35%; then move to final design and land acquisitions for the trail heads.

Mr. Hale noted that he would like to be notified when Woolpert was coming to meet and wanted to be kept in the loop. He also expressed concerns about the Brokamp’s lack of inclusion in the process. Mr. Carter stated that the County had not sought to include the Brokamps or to acquire their property and that Mr. Tyler had shared the plans with them.  He noted that on the contrary, the County wanted to avoid their property if CSX cooperated.  Mr. Hale stated his understanding that the Brokamps were initially approached; a meeting could not be set up, and have since been left out of the loop. Mr. Carter stated that the Brokamps had approached the County about purchasing property and a residence and Mr. Hale noted that he would follow up with them on this.

Mr. Carter apologized to Mr. Hale for the inadvertent oversight in not keeping him informed and noted that he would provide him with the 35% drawings, VDOT TEA funding application and appropriations applications to the congressman.

Mr. Johnson inquired as to the new courts facility being completely wired and Mr. Carter noted that staff went through a significant process to ensure the building is fully wired for now and the future.

Ms. Brennan had the following directives:

- Noted the push for electric cars and asked about putting in electric outlets in the County’s parking lots in order for citizens to recharge their cars. Mr. Carter and Mr. Bruguiere noted that this would be at the County’s expense; however they could probably be put in at some point and he would check on this.

- Requested that staff bring the PWC intern up to meet the Board some time.  Ms. McCann noted that she would be with the County through the end of March and has been a good experience. She noted that she could come up next Wednesday to be introduced.

- Requested a joint meeting between the Board and Planning Commission on the flood plain Ordinance in April.  Mr. Carter noted that this would be scheduled for the second meeting in April.

- Reported that there was a group interested in adding the Rockfish River to the Scenic Rivers Program and she had steered them to the DCR website for the process.

- Express the desire to have a Board Retreat to establish goals for the upcoming year and asked the Board to consider when they wanted to do this.

Mr. Harvey asked the Board if they wanted to look at postponing the 2012 reassessment. Mr. Carter noted that this is established by Ordinance and reported that the reassessment firms were asked about this and they all noted that a four (4) year cycle was appropriate for the County.  Ms. Brennan added that they would update the market study throughout the process up until October. Following brief discussion, the Board did not express a consensus to change it and no action was taken.

VII.    Recess and Reconvene for Evening Session

At 5:00 pm, Mr. Johnson moved to recess and reconvene and Mr. Hale seconded the motion.  There being no further discussion, Supervisors voted unanimously by voice vote to approve the motion and recess until 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.    Special Use Permit #2010-001 – Helen Park
Special Use Permit requested pursuant to Article 4, Section 4-1-4b, of the Nelson County Zoning Ordinance for a public garage in which to store automobiles on a long term basis.  Property is located at the corner of Thomas Nelson Highway (Rt. 29) and Morse Lane in Arrington, Virginia, Tax Map #76-10-3, and zoned Agriculture, A-1.

Mr. Hale stated that he needed to recuse himself from consideration of this request, not because he had a conflict of interest but to avoid the appearance of one, since he did the preliminary site plan.

Mr. Boger reviewed the proposed plat of the property and reported that the applicant is using the former CVEC building now and wanted to build a new building in which to store vehicles. He showed a rendering of the proposed 100’x 200’ building to the Board and reported that the Planning Commission recommended approval with one condition, it be used for indoor storage only.

Members and staff discussed the potential visibility of the building from Route 29 and the height of the building was noted to be 16 ft. on the sides and 20 ft. at the top. Mr. Boger noted that the building would probably not be visible from Route 29; however it had the potential to be visible from the church above it. In response to questions, Mr. Boger noted that the building should not have any impact on the nearby stream. He added that the need for screening was unknown as the applicant had not done a final site plan, but rather just a schematic plan. He noted that the Board could add the condition that it be screened.

The Applicant, Mr. David Park of Arrington reported that the building would be sheet metal with metal framework.  He stated that he did not think it would be visible from the church or Route 29. He discussed the possibility of screening around the building and he noted that he planned to put in a security fence (chain link) and could use pine trees to screen it; however he was open to suggestions.

In response to questions, Mr. Park noted that he had not heard of any concerns from the neighbors there.

Ms. Brennan then opened the public hearing and the following persons were recognized:

1. Emma Wardlaw, Arrington

Ms. Wardlaw said that she was speaking on behalf of the community and her brother who was an adjoining property owner, who had asked her to express his concerns regarding a commercial building being built in a residential area. She asked the Board to extend their decision so her brother could comment himself on the application.

2. Edith Napier Wardlaw, Arrington
Ms. Wardlaw stated her concern about a commercial/public garage being in the middle of community housing and being across from a community center and between two (2) churches.  She stated that there had been no notification to them, the Heritage Center, about the application. She added that she was concerned that in the middle of the African American Community there would be a public garage and noted that she believed it would be seen from Pine Hill Baptist Church. She also stated that a chain link fence did not impart community and she further expressed her opposition to a public garage in the middle of houses and churches.

There being no other persons wishing to be recognized, the public hearing was closed.

Mr. Carter noted that the notice requirements of the code, strictly adhered to, only required notification to contiguous adjacent parties; with the notices going to the landowner. Mr. Harvey noted that in the case of the Heritage Center, the County would have been notified as the landowner.

Members and staff discussed whether or not those across the road would have been notified. Pine Hill Church was noted to be across the road, but should have been notified as an adjacent property.  Upon brief review of the file, Mr. Boger noted that Pine Hill Church had not been notified and the application   and the application would have to go back through the Planning Commission and come back to the Board.  Mr. Carter added that staff will confirm that the notices were not properly done.

Mr. Bruguiere asked Mr. Park if a chain link fence was necessary and Mr. Park stated that it was not, but he would like a security fence. He further noted that the building would be strictly long term storage and not a garage facility. He said that the stored vehicles would be started up and pulled in and out of the building to keep them in running condition.  He noted that he could store approximately 144 vehicles in the building at one time.

Ms. Brennan then noted that action would be deferred until it could be determined if the notices were improperly done, in which case, the application would go back to the Planning Commission and then come back to the Board in May

B.    Conditional Use Permit #2010-001 – Paul S. Mamakos
Conditional Use Permit requested  pursuant to Article 4, Section 4-1-24a, of the Nelson County Zoning ordinance for a cabin to be located on Forest Lane, New Land Subdivision, Faber, Virginia, Tax Map #33-7-2M.

Mr. Boger reported that the applicant can do the building as a cabin.  He noted that the Planning Commission discussed the size of it, which was noted to be 30 ft in diameter. He added that the Health Department had approved the septic system on it. He noted that the Planning Commission had developed a set of guidelines for CUPs and had asked for a more detailed site plan.  He reported that after discussion, the Planning Commission recommended approval of the application.

There being no questions for Mr. Boger or the Applicant, Ms. Brennan opened the public hearing. There being no persons wishing to be recognized, the public hearing was closed.

Mr. Boger noted that the applicant had been advised that they needed to put a deed restriction of 180 days maximum occupancy per the County Code.

Mr. Hale explained that there was concern expressed by certain members of the Planning Commission that not all of the information had been provided to them, however, subsequent to meeting, the sewage system proposal and the design of structure had been provided and all materials were present.

Mr. Bruguiere then moved to approve Conditional Use Permit #2010-001 and Mr. Hale seconded the motion. In response to Mr. Harvey’s question, Mr. Boger clarified that the Planning Commission did not put any restrictions on their approval and were only concerned that they did not meet the site plan requirements. There being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion.

C.    Blue Ridge Medical Center – USDA-CDBG Grant Program
Receive public input on a Community Development Block Grant (CDBG) proposal to be submitted to the Virginia Department of Housing and Community Development for the Blue Ridge Medical Center Expansion Project. (R2010-15 Authorization to Apply for VADHCD-CDBG Funding)

Mr. Carter explained that the purpose of the public hearing was for the Board to consider approval of the submission of an application for DHCD-CDBG funds.  He noted that the County was partnering with Blue Ridge Medical Center (BRMC) in completion of a planning grant and under state guidelines; two (2) public hearings were required; this being the second one.  He noted that this was one of the last steps prior to endorsing the project for funding of up to $700,000. He noted that the CDBG funding was a component of the funding of planned capital improvements of BRMC; which Ms. Peggy Whitehead would be over viewing.  Mr. Carter then introduced Ms. Whitehead and Mr. Bruce Bertelsen and noted the presence of other BRMC Board members. He stated that Ms. Whitehead would overview the project and staff would then ask the Board for a favorable endorsement.

Ms. Peggy Whitehead introduced herself as the Executive Director of BRMC in colleen, thanked the Board for their support, and gave the following PowerPoint presentation:

The Blue Ridge Medical Center

The Blue Ridge Medical Center, on behalf of its patients and the residents of Nelson County who are supporting this project, assisted Nelson County in its request to the Department of Housing and Community Development (DHCD) for a CDBG Planning Grant. In September, DHCD awarded the County a $25,000 planning grant and invited the County to submit an application for capital funds to help build a dental clinic.

The Issues

•Nelson County faces significant challenges in providing effective/affordable health and dental care to its residents.
•The Blue Ridge Medical Center plays a critical role in helping the County meet these medical challenges
•BRMC plans to expand services to better address current and future health and dental care needs.
•A critical step in moving forward with this expansion project is to gather local input to ensure that needs in our community are addressed.
•The goal is to create a pleasant environment, a sustainable design, and an efficient and effective layout conducive to providing high quality care in a safe and clean facility that will accommodate needs over the next twenty years.

The Mission

•BRMC Mission: To provide quality health care to all people in Nelson County and neighboring communities; and to improve their general health and well-being through prevention, education, and treatment.
•BRMC Vision: A vital, vibrant health center for people in our community providing the highest quality care, accomplishing access to primary care and equalizing disparities in health outcomes for all people of our service area.

Building a Healthy Future

•A counseling space for the pharmacist to work with patients
•Space for more pharmacy personnel and inventory
•A full time director of performance improvement
•A sustainable structure that is energy efficient.
•increased patient capacity.
•Lots of storage
•Efficient patient flow
•Best possible set up for patient confidentiality
•Dedicated space for telemedicine services and a “virtual” outreach program
•Private space off the lobby for a patient advocate
•A courtyard/sunroom combo featuring the history of medicine and local cultural approaches to healing
•A full service dental facility with 6 operatories
•A suitable physical therapy space
•A classroom/conference room
•RHOP on the BRMC Campus

The Need for Improved Access to Dental Services

•Most of Nelson County is officially designated as a “Dental Health Professional Shortage Area” (Dental HPSA)
•Failure to treat dental problems leads to very serious health effects.
•Water in Nelson County is not fluoridated.
•Tooth decay is prevalent in all age groups, more so for low-income residents.
•It is difficult to get a timely appointment for an acute dental problem, especially if you can’t pay up front and you are uninsured.
•Medicaid and Medicare do not cover dental care for adults.
•44.6% of the 333 respondents to our 2009 Dental Survey said they did not have a dentist. Just over 37% had not been to the dentist in over 2 years. Cost and/or lack of insurance were listed as factors by 58.3% of the respondents. 79% of the respondents reported family incomes in the low-to-middle income range.

Ms. Whitehead then showed a pictorial progression of how the Medical Center has grown over the years and a rendering of how the new facility will look. She also showed a floor plan of the new facility and noted the existing building footprint that will become the new dental clinic.

Expansion Project Activities Completed

•Funding plan and construction budget developed.
•Post construction budget developed
•Preliminary drawings and architect’s rendering complete.
•Site plan complete and approved.
•Public hearings and community meetings complete
•Required meetings with DHCD took place.
•Required percentages of LMI beneficiaries assured.
•TJPDC has received requests for IGR and letter of support
•Stakeholders Advisory Committee/Management Team has met many times.

•Contract for project manager to be offered by 3/11/10.

•Preliminary historical review complete.
•Phase I environmental study complete
•RFP process is underway for full NEPA study.

Ms. Whitehead concluded her presentation by thanking the Board and the public for its participation and noted that any comments and suggestions could be submitted in writing to: County of Nelson, PO Box 336, Lovingston, VA 22949, (434) 263-7000. Additionally, she noted that questions and concerns could also be directed to Peggy Whitehead at Blue Ridge Medical Center, 434-263-4000, peggyw@brmedical.com, 4038 Thomas Nelson Highway, Arrington, VA 22922

Ms. Whitehead then took questions from the Board and noted the following:

•    Not going for LEED certification, but rather going for a sustainable building that incorporates as much of that as possible and meets Federal requirements.

•    There will be no overnight facilities but the question brought up a good point, which was the need for transportation and urgent care.  She noted that BRMC does primary care, but she thought the Board of Directors would consider going forward with urgent care; noting that there was an expansion area in the new facility and in the existing facility that is open for future development.

•    The issue of space for those having a mental health crises has not come up as a local need, but based on community input, they would consider it if it is a need.

•    Have already hired a dentist and Dr. Marchibroda will help out with patients if they were to open early.

•    The Health Department does the program that sees the children at the Elementary Schools, but they would be in a position to accommodate those children in their facility.

There being no further questions for Ms. Whitehead, Ms. Brennan opened the public hearing.  There being no persons wishing to be recognized, the public hearing was closed.

Mr. Hale requested that Ms. Whitehead introduce the members of the Board of Directors that were in attendance and Ms. Whitehead did so; introducing other supporters present as well.

Ms. Weeda Bell Philips President of the Board of Directors and Shipman resident related two (2) success stories: one being about a business owner that received dental care from BRMC’s wellness passport program that made him feel more confident going out into the community; and another about a gentleman that had teeth pulled, had lost his self confidence, and was receiving Social Services benefits; who then received dentures and was working in the community and was now self supporting.

Mr. Johnson then moved to approve resolution R2010-05 Resolution of Support and Authorization to Apply to VA-DHCD for CDBG Grant Funding for the Blue Ridge Medical Center Expansion Project. Mr. Hale seconded the motion and there being no further discussion, Supervisors voted unanimously (5-0) by roll call vote to approve the motion and following resolution was adopted:

RESOLUTION-R2010-15
NELSON COUNTY BOARD OF SUPERVISORS
RESOLUTION OF SUPPORT AND AUTHORIZATION TO APPLY
TO VA-DHCD FOR CDBG GRANT FUNDING FOR THE
BLUE RIDGE MEDICAL CENTER EXPANSION PROJECT

BE IT RESOLVED, that the Nelson County Board of Supervisors supports and endorses the County’s application for VA Department of Housing and Community Development (VA-DHCD) Community Development Block Grant (CDBG) funding for the Blue Ridge Medical Center Expansion project; and hereby authorizes the County Administrator to execute associated grant documents on behalf of the County.

III.    Other Business (As May Be Presented)

There was no Other Business considered by the Board.

IV.    Public Comments

Ms. Brennan opened the floor for public comments and the following persons were recognized:

1.    Edith Napier Wardlaw, Arrington

Ms. Wardlaw asked the County that they be notified of anything that affects the Heritage Center, even though the County owns the building.

There being no other persons wishing to be recognized, the public comments session was closed.

V.    Adjournment

At 7:55 pm, Mr. Hale moved to continue the meeting until 4pm on March 17th and Mr. Harvey seconded the motion. There being no further discussion, Supervisors voted unanimously by voice vote to approve the motion and the meeting adjourned.