Board Of Supervisors : Minutes : 9.14.10

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Present: Ms. Connie Brennan, Mr. Joe Dan Johnson, Mr. Tommy Bruguiere, Mr. Allen Hale and

Mr. Tommy Harvey

JAUNT REPORT – Ms. Donna Shaunesey reported that Nelson ridership was down, due primarily to very bad winter weather (FY09 15,183/FY10 14,037). She noted that Wintergreen helped fund a new commuter route to Charlottesville which can also pick up riders in the Rockfish Valley for a half day in Charlottesville as the bus returns to the city. With new grant funding, seniors can now travel to local food sources to visit farms and buy local produce.

TJPDC 2011 LEGISLATIVE PROGRAM – Mr. David Blount, Legislative Liaison, noted that the 2011 program is being developed with the state still facing many of the same financial challenges. He said that the Chesapeake Bay TMDL’s seem to be of concern to most of the localities and there will be language added to the legislative program for that. Mr. Blount said that he is hopeful that education will not take such a hit this year as it is an election year. Mr. Harvey asked that Mr. Blount provide some information on VDOT’s new Access Management regulations. He said that there seems to be no appeal for one-size-fits-all regulations. Ms. Brennan asked Mr. Blount to provide information on the five-year statute of limitations for construction projects, noting the serious problems with both elementary schools in the county. She also asked that he look at possible revisions to the state code on dogs, noting that the law seems to give preference to dogs over people. Mr. Blount said that he would provide the requested information as soon as possible, followed by a program draft in October for the Board’s review and concurrence in November.

COUNTY ADMINISTRATOR’S REPORT – Mr. Carter reported on the following:

– Courthouse Project: Blair Construction has estimated completion date (with occupancy) is March, 2011; WileyWilson working on design of second floor bridge between 1940’s and 1970’s additions; contract executed with WileyWilson for design of renovation of Health Department building. Supervisors directed staff to remove painting the brick on the new addition from the contract, noting that the addition could always be painted later if desired.

– Broadband Project: Icon is beginning their field work for the fiber optic network routing this week. Application for CDBG-Local Innovation Grant funding (approximately $200,000 was submitted to DHCD the week of August 30th with a decision pending.

– Personnel: County Building Official has suffered an injury and will be incapacitated for an indeterminate period of time. Staff authorized to advertise for a full- or part-time building inspections position.

APPOINTMENTS – Supervisors voted unanimously to reappoint Ms. Janice Jackson to the JAUNT board.

DIRECTIVES – Supervisors directed staff to have a notice included in every tax bill that dogs are required to have a license.

REZONING/MS. MARY WOLF – The applicant has requested a rezoning for 6.94 acres of a 13.02-acre tract of land located at 4300 Rockfish Valley Highway as follows:

4.79 acres from R-2 Conditional to B-1 Conditional; and

2.15 acres (outparcel) from B-1/R-2 Conditional to A-1.

The purpose of the rezoning is to permit the use of the property for a brewpub (restaurant and brewery) and the outparcel for residential use. The applicant submitted proffers for the B-1 portion of the property to limit the allowed uses. Mr. Boger noted that VDOT’s recently adopted access management regulations have significantly increased the required spacing between commercial entrances on rural primary roads, which means that the existing driveway onto the property cannot be used. The new driveway will have to be much further north and much closer to the existing adjoining residential properties.

Ms. Wolf presented preliminary design drawings for the building, terrace and new driveway, including a letter from VDOT approving the new driveway. She also stated that the business would refrain from doing outdoor events. With no public comment, Supervisors voted unanimously to adopt a resolution rezoning the parcel as noted above and accepting the proffers submitted by the applicant.

ZONING ORDINANCE AMENDMENTS/ARTICLES 2,3,4,5,6,8,8A,8B,9,12,18,22 – With no public comment, Supervisors voted unanimously to approve the proposed amendment to delete reference to “Conditional Use Permit” and consistently use the term, “Special Use Permit”.

TRES-RRES ROOF/WINDOW REPLACEMENT PROJECT – Dr. Roger Collins, School Superintendent, and Mr. Charles Wray, Architect, reviewed the uncovered damage related to the ongoing window replacement project. Mr. Wray reported that work is still pending, with paperwork progressing, on the roof replacement at Tye River. He then noted options for the issues related to the windows:

Tye River (no weather barrier with damaged sheathing at the base of the walls in the test areas exposed) – continue with the original scope of work to replace the windows ($110,500), continuing to monitor the building envelope and develop a preventative maintenance plan. Option 1: selective brick repair at the base of the wall (approximately 1’-4” high) with ongoing monitoring and maintenance of the building envelope (an additional $120,100); or Option 2: complete window replacement, brick veneer replacement and metal wall panel replacement (an additional $1,644,000).

Mr. Wray said that he thinks Option 1 is a viable option since the sheathing appears to be in good shape but noted that Option 1 assumes that all of the sheathing, insulation and drywall are good. He said that he believes that over time, however, the county will have to pursue Option 2. Mr. Johnson asked for an estimate of “over time” and Mr. Wray said 5, 10 or 15 years. Mr. Harvey said that Option 2 is out of the question. Mr. Wray said that doing a more detailed investigation would be a prudent course of action. Mr. Hale said that he thinks the county needs to get the new roof on the building and stop looking for new issues. Mr. Wray said that his firm has an obligation to tell the county about any damage they find, with the choice for corrective action being up to the county.

Rockfish River (first floor window flashing and trim missing and second floor sills improperly installed) – no recommendation to ignore the existing conditions (Original scope of work $374,230). Option 1: selective brick veneer repairs at windows and 2nd floor rowlock with removal and reinstallation of metal wall panels (an additional $303,500). Option 2: complete window replacement, brick veneer replacement and metal wall panel replacement (an additional $1,398,000).

Mr. Wray noted that none of the estimates for either school include abatement and/or remediation of potentially hazardous conditions; the associated additional removal and replacement of building components; unforeseen conditions that would increase the cost of repairs; a 10% contingency; or professional architectural and engineering fees.

After further discussion, Supervisors agreed by consensus to the following:

Tye River – roof replacement and original scope of work with a cost estimate to do a more detailed investigation ($110,500 plus estimate).

Rockfish River – original scope of work plus Option 1 (total estimated cost $374,230 plus $303,500 plus fees and contingencies).

Mr. Harvey said that he would still like to have Blair Construction (the contractor on the original project) look at the issues and comment. In addition, Mr. Harvey noted that the one common denominator was the architect, VMDO. Mr. Bruguiere asked whether insurance would cover any of the damage. Dr. Collins said that a claim number has been assigned and he is waiting for a response.

Meeting adjourned.

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Kim Taylor Cash

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Lovingston, VA 22949

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