Board of Supervisors

Virginia:

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

Present:            Constance Brennan, Central District Supervisor – Chair

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

Susan Rorrer, Director of IS

Absent: Thomas H. Bruguiere, Jr. West District Supervisor

Allen M. Hale, East District Supervisor

1. I. Call to Order

Ms. Brennan called the meeting to order at 7:07 PM with three (3) Supervisors present to establish a quorum and Mr. Bruguiere and Mr. Hale being absent.

1. Moment of Silence
2. Pledge of Allegiance – Mr. Harvey led the Pledge of Allegiance

Ms. Brennan inquired as to there being any changes to the agenda and there were none.

1. II. Consent Agenda

1. Proclamation –P2010-06 October 2010, Breast Cancer Awareness Month

Mr. Harvey moved to approve the Consent Agenda and Mr. Johnson seconded the motion. There being no further discussion, Supervisors voted unanimously (3-0) by roll call vote to approve the motion and the following Proclamation was adopted:

PROCLAMATION P2010-06

NELSON COUNTY BOARD OF SUPERVISORS

OCTOBER 2010 – BREAST CANCER AWARENESS MONTH

WHEREAS, National Breast Cancer Awareness Month (NBCAM) educates women about the importance of early detection for breast cancer, and

WHEREAS, since NBCAM’s inception, mammography use has doubled, and breast cancer death rates have declined; however many women do not utilize mammography at regular intervals, and

WHEREAS, in recognition of the fact that mammography is the best available method of detecting breast changes that may be cancer, long before physical symptoms can be seen or felt, and that breast cancer deaths could decline further if all women age 40 and older received mammograms at regular intervals;

NOW, THEREFORE BE IT RESOLVED, that the Nelson County Board of Supervisors, does hereby proclaim October 2010, as Breast Cancer Awareness Month and calls this observance to the attention of all of its citizens; urging all women and their families in Nelson County to get the facts about mammography.

1. III. New/Unfinished Business

1. Resolution – R2010-60 Reducing Unfunded State Mandates for K-12 Education

Ms. Brennan noted that the Matthews County Administrator had sent a letter requesting the Board’s support via passage of the same or similar resolution as theirs; regarding reducing unfunded state mandates for public education. Mr. Carter noted that the one presented for consideration was the same resolution that Matthews County had sent over, minus specific dollar amounts.

Mr. Harvey then moved to approve Resolution R2010-60 and Mr. Johnson seconded the motion. There being no further discussion, Supervisors voted unanimously (3-0) by roll call vote to approve the motion and the following resolution was adopted:

R2010-60

NELSON COUNTY BOARD OF SUPERVISORS

RESOLUTION IN SUPPORT OF REDUCED UNFUNDED MANDATES

FOR PUBLIC EDUCATION IN VIRGINIA

WHEREAS, it is the responsibility of the County of Nelson, Virginia, through its Board of Supervisors and its School Board, to construct a balanced budget within the confines of available federal, state and local funds; and

WHEREAS, the Commonwealth of Virginia provides direction to and imposes requirements on the public schools within the state; and

WHEREAS, the FY 2011 Nelson County School budget required cuts from the previous year’s budget to achieve a balanced budget; and

WHEREAS, according to James Regimbal, Jr., reporting to the Virginia Association of Counties on June 17, 2010, “adopted FY 2011 K-12 state distribution from all funding sources is $512 million lower than this year’s adopted FY 2010 distribution;” and

WHEREAS, Nelson County has no reason to believe that state funding for K-12 education  in FY 2012 will increase and may in fact decline; and

WHEREAS, despite making substantial cuts in services and positions, the Nelson County School Board is faced with the difficult choice of reducing educational programs or facing non-compliance with state regulations in this current difficult economy; and

WHEREAS, there is substantial need to ease burdens placed on all localities by Commonwealth-imposed unfunded mandates which force difficult choices between untenable tax increases or cuts in educational services for our children;

NOW, THEREFORE, BE IT RESOLVED that the Nelson County Board of Supervisors requests that the Virginia Department of Education substantially reduce the current number of unfunded mandates.

BE IT FURTHER RESOLVED that the Virginia Department of Education delay implementation of all new unfunded mandates until the economy has substantially recovered.

BE IT FURTHER RESOLVED that the Virginia Department of Education place a moratorium on penalties for noncompliance until the substantial recovery of the economy.

BE IT FURTHER RESOLVED that the Department of Education shall reduce the need for locally-generated paperwork and statistics which do not provide actual benefit to students.

BE IT FURTHER RESOLVED that careful consideration be given to the impact of mandates on small school systems, such as Nelson County.

BE IT FURTHER RESOLVED that the Virginia Department of Education align SOL testing schedules with federally-mandated testing in order to minimize the time students spend testing rather than learning.

BE IT FURTHER RESOLVED that in agreement with the 2010 Legislative Policies of the Virginia Association of School Superintendents, “the state should assume a role of support and direction rather than one of punitive enforcement in accountability and accreditation.”

BE IT FURTHER RESOLVED that a copy of this Resolution shall be presented to Robert McDonnell, Governor of Virginia; State Senator R. Creigh Deeds; Delegate Watkins M. Abbitt Jr.; U. S. Senator Mark Warner; U. S. Senator James Webb; Congressman Tom Perriello; the Virginia Board of Education; and the Virginia Department of Education.

1. Resolution – R2010-61 Approval of Job Descriptions

Mr. Carter advised the Board that the County’s pay scale was not included in the Board’s packet and he suggested that they defer their approval of the job descriptions. Ms. Brennan indicated that they could discuss the other aspects of the job descriptions individually and then re-consider them at the next meeting when they have the pay scale.

The Board and staff then briefly discussed each job description as follows:

Planner Position:

Mr. Carter reported that the proposed resolution does not provide for the advertisement of the position and the approval would be to only include it in the County’s classification system.  He noted that conversely, the Tourism position approval would provide for advertising and filling the position and he noted that funds for this were already in the current budget.

Mr. Carter then noted that the Planner position would be subordinate to Mr. Boger and was a staff position. Mr. Johnson stated that he understood that the position would be in line with the previous discussions had with the Board and Mr. Carter confirmed that the Board had decided to refill the Planning Secretary position upon Ms. Fortune’s retirement and this would be an additional planning position which may or may not be filled. He added that the Board had thought it preferable to retain the clerical position and then they could decide to fill the position based on budgetary decisions in the future.

Mr. Harvey noted that it would be more of a field position and Mr. Carter added that it would be akin to a Building Inspector.

Ms. Brennan questioned if the position would only fit into one of the categories pertaining to the level of decision making on policies and Mr. Carter noted that only one box could be checked under making recommendations on policies. Ms. Brennan indicated that she would like to see all employees able to make recommendations to the Board and Mr. Carter clarified that the goal was to strengthen the office.

Ms. Brennan questioned the essential responsibility ratings and Mr. Carter noted that this was related to the allocation of time and a rating of the importance of each listed responsibility. He noted that this was somewhat subjective and there was room for additional duties. Ms. Brennan noted that GIS was important to her and she would like to see it more highly rated, but overall she was good with it to be brought back in October with the pay scale. There was no other discussion and no action was taken.

Tourism:

Mr. Carter explained that this position had been strengthened and would be the aid to the Director, being able to step up if necessary and would hopefully make a major contribution to the office.

He added that he agreed that the Office & Clerical classification did not seem to fit perfectly but he noted that the office was staffed to perform these duties all of the time.

Mr. Johnson added that the position would allow for the splitting of duties between this person and Ms. Kelley who was out of the County a lot; noting the office would have this flexibility. Mr. Carter agreed and noted that added flexibility was a goal for all positions.

There being no further discussion, Mr. Carter suggested that the Board table its action until they could see the pay scale and the Board agreed by consensus to defer action until the next meeting.

1. Resolution – R2010-62 Procurement Exception for Motorola (Installation of ECC Radio Equipment)

Mr. Carter reported that he, staff and the Board committee had attended a meeting with Motorola regarding the ECC radio equipment. He noted that the County would get reduced pricing on the equipment for using the state contract but that the state contract did not provide for installation, but rather gave a method for evaluating these costs. He noted that Motorola had installation representatives in regional areas and that the County had Clear Communications as its representative and has been working with them for years.

He further reported that the original cost projections were higher than the costs that have come in, the current ECC equipment was nearing its life expectancy, and that the proposal to buy the new equipment now was in County’s best interest.

Mr. Harvey indicated that he had nothing to add and Mr. Carter noted that he was comfortable in recommending to the Board that this purchase be made. Ms. Rorrer, in attendance added that now was the time to purchase new equipment since they had issues with varying windows platforms and it would make for a quicker cutover when the ECC got moved into the new center.

Mr. Harvey then moved to approve resolution R2010-62 and Mr. Johnson seconded the motion. There being no further discussion, Supervisors voted unanimously (3-0) by roll call vote to approve the motion and the following resolution was adopted:

RESOLUTION R2010-62

NELSON COUNTY BOARD OF SUPERVISORS

PROCUREMENT EXCEPTION

WHEREAS, the Nelson County Purchasing Manual effective January 1, 1996 prescribes procurement by a formal bidding procedure of competitive sealed bidding or competitive negotiation for contracts $15,000 or greater;

WHEREAS, Title 2.2-4303 of the Code of Virginia requires the local governing body to make written determination and documentation that competitive sealed bidding or competitive negotiation is either not practicable or not fiscally advantageous;

WHEREAS, the County may purchase certain Motorola equipment to interface with existing public safety systems in the Emergency Communications Center pursuant to the Commonwealth of Virginia Statewide Agencies Radios System contract (VA Contract #2001-035);

WHEREAS, installation may not be purchased pursuant to VA Contract #2001-035 and they said Motorola equipment can only be installed by a certified Motorola installer to maintain the equipment warranty and not compromise the county’s maintenance agreement for its existing equipment;

WHEREAS, the VA Contract #2001-035, Appendix 23, establishes a reasonable value for installation services and these man-day rates have been utilized to determine the proposed upgrade installation cost;

NOW, THEREFORE, BE IT RESOLVED by the Nelson County Board of Supervisors that the formal bidding process is not practicable or fiscally advantageous as related to installation services because only a Motorola authorized installer may provide this service and the proposed installation rates have been determined to be fair and reasonable on the basis of service rates established in Appendix 23 of VA Contract #2001-035;

BE IT FINALLY RESOLVED by the Nelson County Board of Supervisors to authorize the County Administrator to award a contract to Motorola for a 3 position dispatch console, control station and net clock pursuant to VA Contract #2001-035 and to allow a procurement exception to also award the contract to Motorola for installation of the noted equipment in the newly constructed Nelson County Emergency Communications Center.

Introduced: Verizon Service:

Mr. Johnson noted that he had been in contact with his Verizon wireless representative who would call the wired services person to get a conference call regarding the recent service delays. He noted that the representative was happy to help solve these issues.

Introduced: Wintergreen Towers:

Mr. Harvey reported that there was a possibility that there would be two (2) towers built at Devil’s Knob and that there was a meeting Monday on site with Shenandoah Tower. He noted that this would double the capability as far as space and they could put one (1) microwave dish on each tower. He added that he did not like having the phone company on the County’s tower. Mr. Johnson added that this may allow for wireless capabilities in the future.

Introduced: New Business Incentives:

Ms. Brennan noted that staff was evaluating a proposal for incentives for a new business and the Board needed a committee to assist in its evaluation. She noted that Mr. Hale had indicated that he was willing to serve and that Mr. Bruguiere would also be appointed to the committee.

Introduced: November Meeting Date:

Ms. Brennan noted that the Board needed to confirm an alternate date for the first November meeting so that a presentation on the Chesapeake Bay could be scheduled.  She then proposed November 16th at 2pm and the Board agreed by consensus to this date.  Mr. Carter suggested that staff bring back a resolution to that effect to the next Board meeting for approval.

Introduced: VDOT Issues:

Mr. Harvey reported that he had met with Ms. Wolf and VDOT on site regarding the entrance location at Ms. Wolf’s place, that she should have an answer regarding the entrance in ten (10) days and that VDOT was likely to accept the current entrance.

Mr. Harvey also noted that there were quirks to work out at the new turn lane onto Greenfield Rd. in Afton. He reported that the stop bar was back too far and that they were coming back to do more paving in the curve there.

Mr. Johnson reported that work had been done on Tye River Rd and it was wider now, there was gravel edging on the road, and it was much better. He indicated that he was pleased that the three (3) places that he had complained about have been worked on recently.

Ms. Brennan noted that she had read about a VDOT audit that showed that there was unused money sitting there with VDOT and there may be opportunities now to fund some things.

1. IV. Public Comments

Ms. Brennan opened the floor for public comments and there being no persons wishing to be recognized, the public comments session was closed.

1. V. Adjournment

At 7:35 PM, Mr. Johnson moved to adjourn and Mr. Harvey seconded the motion. Mr. Harvey then noted that there would be a mud bog held on October 9^th which would be in conjunction with a yard sale to benefit Relay for Life and in honor of Breast Cancer Awareness Month.

There being no further discussion, Supervisors voted unanimously by voice vote to approve the motion and the meeting adjourned.