BOARD OF SUPERVISORS
Tuesday, January 12, 2010
Present: Ms. Connie Brennan, Mr. Joe Dan Johnson, Mr. Tommy Bruguiere, Mr.
Allen Hale and Mr. Tommy Harvey
REORGANIZATION OF BOARD – Supervisors elected Ms. Brennan Chair and Mr.
Johnson Vice-Chair for 2010. In addition, Mr. Hale agreed to serve as
Planning Commission liaison. Meetings will be held on the second Tuesday at
2:00pm and 7:00pm (instead of 7:30pm). The Board will also meet on the
fourth Thursday at 7:00pm (instead of 7:30pm) except for November and
FY09 COUNTY AUDIT – Mr. Randy Jones with Robinson, Farmer & Cox reported
that there were no significant problems identified during the recently
NELSON COUNTY ELECTORAL BOARD – Ms. Susan Gardner, Secretary of the NCEB,
reported on several issues:
– Contracts with all of the polling places need to be renegotiated to
include exclusive use, unrestricted access and storage for ballot boxes;
– Regular communication from the county regarding the future offices of
the Registrar to ensure adequate space;
– A suggestion that the NCEB institute a Justice Department “Bailout” to
exempt the Registrar from DOJ requirements; and
– Notice that the NCEB will require additional funding when the county
looks at redistricting in 2011 following the 2010 census.
Mr. Harvey suggested that the new contracts requiring exclusive use could
cost the NCEB some polling places. Mr. Hale suggested that the NCEB research
whether it could meet the list of requirements for the bailout. Ms. Brennan
said that the Board will need specifics regarding additional funding for
redistricting. Further discussion tabled while the NCEB does their research.
VDOT REPORT – Mr. Mike McCormack reported that the Residency Office in
Amherst will close in April when Appomatox, Amherst, Nelson and Campbell
will be combined in the Amherst Residency.
CONVEYANCE OF PROPERTY/RVCC DRAFT DEED – Ms. Pat Gooch, representing RVCC,
asked that the Board consider removing several requirements in the deed to a
Memorandum of Understanding to eliminate any concerns for RVCC in future
loan or grant funding – to include the requirement that the county be
allowed to use the facilities for recreational and athletic purposes and
that the county be allowed to use the facility at no charge for voting
purposes. In addition, the county can use the gravel area for the transfer
of solid waste containers. Mr. Harvey objected to removing the first two
items from the deed and said that the third item could be negotiated as a
“gentleman’s agreement”. The deed calls for payment of $16,548.00 for the
building and 10.109 acres at 0% interest in 10 installments of $1,654.00 per
year. The agreement was tabled for revisions.
COUNTY ADMINISTRATOR’S REPORT – Mr. Carter reported on the following:
– Hightop Tower Project – the three-party lease agreement is complete and
VA State Police are working towards initiation of the construction of the
– Ferguson’s Store/Roseland Water Line Extension – the Nelson County
Service Authority has indicated that they do not have the financial capacity
to sustain the project costs (i.e. debt service and operations & management
costs), resulting in the county having to bear all of the burden of water
line extension. With potential DEQ funding of $1,687,940 for the projects,
the preliminary cost estimate is an additional $2,640,000. Mr. Carter noted
that the best-case scenario would be 75% grant funding from Rural
Development resulting in a debt service of $47,994/year for 20 years or
$33,815/year. He noted the worst-case scenario as 0% grant funding for a
debt service of $191,975/year for 20 years or $135,258/year. He reported
that the primary concern is adding additional debt for the county given the
current budget restrictions. Supervisors tabled further discussion and
directed staff to set up a meeting with the NCSA.
APPOINTMENTS – Supervisors voted unanimously to reappoint Ms. Susan McSwain
and Ms. Gail Roussos to the Keep Nelson Beautiful Council. In addition,
Supervisors voted unanimously to appoint Mr. Mike Sipple to KNB.
ZONING ORDINANCE AMENDMENT – With no Public Comment, Supervisors voted 5-0
to amend Section 12-12 regarding electrical hookups for manufactured home,
mobile home, recreational vehicle or travel trailers.
FORMER SHERIFF’S DEPUTIES’ REQUEST FOR LEAVE PAYMENT – Mr. David Thomas,
attorney representing former deputies – Steven Folsom, Gregory Sherwood,
Michael McCarthy, Larry Cindrick, Malcolm Bridgewater and Joseph Flamini –
presented documents stating that the former deputies are owed a total of
$65,559.74 in annual leave, compensatory leave, sick time and holiday time.
He said that the policy in the Sheriff’s Office had always been that time
could be accrued and then paid out as regular payroll when a deputy left the
Sheriff’s Office. Mr. Cindrick said that he had worked for the Nelson
Sheriff’s Office for 11 years and had seen many come and go. He said that
the policy had always been the same. Mr. Bruguiere asked whether the policy
had been in writing or was understood. Mr. Cindrick said that it was
understood. Mr. Bridgewater said that he feels he earned the time, is owed
the time and that the spirit of the Code of Virginia is that he should be
paid. Supervisors tabled further discussion.
CLOSED SESSION – Supervisors met in Closed Session to seek advice of counsel
on probable litigation.
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