Rural Nelson Annual Meeting and Potluck

Tuesday, March 6th

6 PM at Rapunzel’s

BOARD OF SUPERVISORS

Tuesday, December 13, 2011

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

PUBLIC COMMENT:

 MR. MARK SHACKMAN, Afton, said that he is concerned about the tower proposed for the old fiber factory in Afton. He said that the community fill fight the tower, in the Board room and in court. Mr. Shakman said that the people deserve the broadband service but the proposed tower is not in the right place. He said that the firehouse or medical center property would be better for this tower.

MR. MARK ROSENTHAL, Afton, said that he opposes the proposed tower in Afton.

MS. ELEANOR AMIDON, Afton, said that she is concerned that the Virginia legislature will lift the ban on uranium mining in Virginia. She said that one problem is what to do with the residue on site after the uranium is extracted. Ms. Amidon said that sites must be monitored for centuries, with some becoming superfund cleanup sites, with cleanup paid for by taxpayers. She said that tax revenues are only projections and there are many concerns for communities. Ms. Amidon asked Supervisors to pass a resolution requesting that the ban on uranium mining remain in place.

MS. JANE TAYLOR, Afton, expressed opposition to uranium mining in Virginia.

VDOT REPORT: Supervisors directed staff to request that VDOT send a representative to the first meeting of every month.

REQUEST FOR WAIVER OF SOLID WASTE TIPPING FEES: Mr. Jim Taggart, representing Rebuilding Together, said that the group works to do home repair and improvements for low income and disadvantaged families in Nelson. He asked that the county consider waiving tipping fees for the group in order to allow them to spend more of their money on improvements. Supervisors voted unanimously to waive fees up to $2,500.00 annually.

AUTHORIZATION FOR PUBLIC HEARING, DISPOSITION OF COUNTY PROPERTY: Supervisors voted unanimously to advertise a public hearing on disposition of the Heritage Center (former Nelson Middle School) to the Milennium Group; and the Gladstone Fire & Rescue Squad building.

REAL PROPERTY TAX SALES, UNCLAIMED SURPLUS: Mr. Payne, County Attorney, reported that proceeds from the auction of real estate for delinquent taxes have been held the required two years. He explained the process, noting that the county would need to decide what action to take regarding claimants. After discussion, Supervisors voted unanimously to choose to grant no relief to claimants after the notification and two-year process.

DRAFT JOB DESCRIPTION/PUBLIC SAFETY COMMUNICATIONS SUPERVISOR: Supervisors tabled discussion and review until their January meeting.

COMMUNICATIONS TOWER ORDINANCE: Supervisors voted 4-1 (Mr. Johnson voting no) to table discussion and review until their January meeting.

CLOSED SESSION: Supervisors met in Closed Session to discuss personnel issues.

COUNTY ATTORNEY: Supervisors voted unanimously to contract with Mr. Phil Payne as County Attorney effective January 1, 2012 at the rate of $200/hour ($180/hour at Board meetings) with continued health care coverage.

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

-          Courthouse Project – General District & J&DR courts relocated on November 21^st, security screenings began on the same date. Renovation of the Jefferson Building is ongoing as is the construction of the second floor bridge. Project completion is now scheduled for first quarter of 2012.

-          A contract has been executed with Daggett and Griggs to complete the design and construction drawings for relocation of the Health Department to Blue Ridge Medical Center.

-          Broadband Project – installation of the fiber optic backbone has begun with a four-month completion projected. Tower(s) construction is projected for the first quarter of 2012.

-          2012 General Reassessment – property assessment notices were mailed the week of December 5^th with assessors’ hearings to be conducted through December 22^nd.

-          Animal Control – Per the county’s response to violations, the monetary penalty has been reduced from $111,800 to $3,700.

GLADSTONE OPEN-TOP CONTAINER: Ms. McSwain reported that the county spent $348 more to operate its trucks during the 2 months with an open-top than it spent to cover 9 months without an open-top. She noted an average monthly operating cost for the 9 months (January-September) of $154 but that the average monthly operating cost increased 527% to $969 for October and November with the open-top container (without including additional driver time). Ms. McSwain reported that transportation costs during October & November were $1,738 vs. the same two months of 2010 which cost $261. She said that hauling 4 couches and 1 over-stuffed chair from Gladstone (as placed in the open-top during that time period) to the Transfer Station cost taxpayers $1,477, or roughly $300 per item. Supervisors tabled a decision and further discussion to allow the new South District Supervisor to consider the issue.

APPOINTMENTS: Supervisors unanimously reappointed Ms. Susan McSwain to the Keep Nelson Beautiful Council.

REZONING/THE HOPE FOUNDATION: The applicant is requesting a rezoning of two parcels of land located on the east side of Thomas Nelson Highway north of Lovingston from Residential R-1 to Agricultural A-1 to permit the sale of the properties and the placement of a single-wide manufactured home on one lot. Mr. Boger noted that the Planning Commission recommended denial of the rezoning, noting that the rezoning would change the pattern of the entire district; there was no justification for the rezoning since the applicant could apply for a permit to place a doublewide manufactured home on the property; and approval of the application would benefit a single individual as opposed to the community’s interest and would qualify as “spot zoning”.

Ms. Cynthia Hash, a realtor representing the Hope Foundation, said that a rezoning would not be a spot zoning as half the property is already zoning A-1. She said that the property is unsellable without a rezoning to allow for the singlewide.

With no public comment, Supervisors voted unanimously to deny the rezoning for the same reasons stated by the Planning Commission.

CLASS III COMMUNICATION TOWER/TALON SOLUTIONS & SERVICES: The applicants, represented by Mr. Sam Eggleston, applied for a permit to construct a 115-foot metal tower with a five-foot lightning rod at the top. The total tower height is 120 feet. The tower would be located at 16 Old Thirteen Lane in Gladstone. The application includes a request for an exception to Section 20-7-2a dealing with the fall area as the tower will be designed to collapse with the property line.

With no public hearing, Supervisors voted unanimously to approve the tower with the exception requested.

PROPOSED ORDINANCE TO ESTABLISH A DEADLINE FOR THE SUBMITTAL OF LANDOWNER OR LESSEES APPLICATIONS FOR EQUALIZATION OF REAL ESTATE ASSESSMENTS TO THE NELSON COUNTY BOARD OF EQUALIZATION: With no public hearing, Supervisors voted unanimously to adopt a resolution establishing April 13^, 2012 as the deadline date for applications for equalization; and June 1, 2012 as the deadline date for the Board of Equalization to have disposed of all applications for equalization.

PROPOSED ORDINANCE TO REPEAL AND REENACT ARTICLE I, IN GENERAL, SECTION 2-1, PURCHASING PROCEDURES AND POLICIES OF THE CODE OF NELSON COUNTY, VIRGINIA: With no public comment, Supervisors voted unanimously to repeal and enact the purchasing procedures.

JEFFERSON BUILDING: Supervisors voted unanimously to contract with Mr. Halleck to document the history of the Jefferson Building for a cost not to exceed $2,400 with the participation of the Nelson County Historic Society.

REGISTRAR’S OFFICE: Supervisors voted unanimously to relocate the county Registrar’s Office to the Jefferson Building upon completion of the renovations.

Meeting adjourned.

Copyright 2000-2011 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution.

ECONOMIC DEVELOPMENT AUTHORITY

Thursday, December 01, 2011

Present: Ms. Emily Pelton, Mr. Bennett Saunders, Mr. Natt Hall, Mr. Alphonso Taylor, Mr. Jerry Gress, Mr. Greg Kelly and Mr. John Bruguiere

(Ms. Maureen Kelley, Staff)

2012 ELECTION OF OFFICERS: After discussion, members agreed to vote on a slate of officers at their January meeting as follows – Mr. Natt Hall, Chairperson; Mr. Greg Kelly, Vice Chairperson; Mr. Alphonso Taylor, Secretary/Treasurer.

2012 WORK PLAN: Members agreed to review their strategic plan and discuss priorities as well as potential funding sources at their January meeting. In addition, members agreed to request funding from the county for items currently funded by the EDA but previously funded by the county, such as the Small Business Development Center.

Ms. Kelley reported that the Thomas Jefferson Partnership for Economic Development has contracted a regional workforce analysis with targeted business data. The study will also include data for each locality and is expected by the end of December.

OTHER BUSINESS: Members thanked Ms. Pelton for her service as the 2011 chairperson.

CLOSED SESSION: Members met in Closed Session to discuss a business not yet announced.

Meeting adjourned.

Copyright 2000-2011 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution.

PLANNING COMMISSION

Wednesday, November 16, 2011

 Present: Ms. Philippa Proulx, Ms. Linda Russell, Mr. Mike Tapager and Ms. Connie Brennan (Board Liaison and non-voting member)

Absent: Mr. Mike Harman and Ms. Emily Hunt

REZONING/HOPE FOUNDATION: The applicant applied to rezone two parcels of property located on the east side of Thomas Nelson Highway (Rt. 29) north of Lovingston. The parcels in that area along Rt. 29 have been zoned Residential R-1 for decades. The applicant has requested a rezoning to Agricultural, A-1 to permit the sale of the property and the placement of a singlewide manufactured home on one lot.

Mr. Boger reported that the applicant could request a Special Use Permit to place a doublewide manufactured home on each parcel without the rezoning, and that would be compatible with the character of the surrounding area. He noted that the rezoning of the two parcels does not appear to be in the public interest but rather to benefit the land owner in the sale of the property. Mr. Boger also said that rezoning to two parcels would break the integrity of the zoning in that area and would constitute spot zoning which is not good zoning practice.

Mr. Harold Bauer, representing Hope Foundation, said that the rezoning would raise the taxes on the property and therefore benefit the county. He said that the property is not visible from Rt. 29 and that it is not useful property except for the front part. He said that the rezoning would help the county and the Hope Foundation. Ms. Proulx pointed out that the applicant could put a doublewide on the property without a rezoning.

During the Public Hearing, Mr. Michael Horn asked if a doublewide could be put on the property, what the harm would be in a singlewide on the property.

Ms. Russell said that she has problems with the rezoning, noting that the area has been zoned Residential for many years and it is a sizable district. She said that removing one or two parcels from the district would break the integrity of the district. Ms. Russell said that the rezoning would benefit only one property owner rather than the entire community. Finally, she noted that the applicant could put a doublewide on the property without asking for a rezoning. Ms. Proulx said that she shares the concerns with spot zoning and said that she would not want to set a precedent based on whether or not the singlewide could be seen. She said that there is a use for the property without a rezoning. Mr. Tapager said that the area is one of the few actually zoned Residential in the county with the intention of creating a buffer for the agricultural uses behind the residential. He said that spot zoning the parcels to agricultural would allow all of the agricultural uses in a residential district, even though the area might not be a typical residential area.

Commissioners voted 3-0 to recommend denial of the rezoning from R-1 to A-1 because that area of Rt. 29 has been zoned Residential for several years; because the landowner could apply for a Special Use Permit to place a doublewide there without a rezoning; and because the rezoning would benefit one individual only and would constitute spot zoning which is not good planning.

CLASS III COMMUNICATION TOWER/BUFFALO RIDGE, GLADSTONE: Central State Tower II applied to erect a 120-foot monopole on property located at 16 Old Thirteen Lane in Gladstone, owned by Ellie Funk and L. C. Campbell. The application requests exceptions to Section 20-7-2 fall zone of 125% of the tower height; and to Section 20-13 location and height regulations with regard to setback to property lines. Mr. Boger reported that an engineer has provided a letter certifying that the tower has been designed to collapse upon itself.

During Public Comment, Mr. Mark Rosenthal, Afton, said that he can get service on his cell phone for about 97% of the US and he does not want to see trees cut down to grow towers.

Commissioners voted 3-0 to recommend approval of the permit with exceptions. Commissioners directed staff to notify the property owners that Section 20-7-5k(4) requires that existing trees within 200 feet of the tower shall not be removed except as may be authorized to permit construction of the tower and installation of access for vehicles and utilities.

Commissioners directed staff to set up a work session for Wednesday, December 7^th or December 14^th at 7:00pm to review:

Subdivision Ordinance;

Draft Transportation Plan for the Comp Plan; and

Draft language on Temporary Structures

Meeting continued until December 7^th or 14^th.

Copyright 2000-2011 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution.

BOARD OF SUPERVISORS

Thursday, November 10, 2011

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

VDOT REPORT: Mr. Don Austin reported that the crosswalk in front of the courthouse steps will be removed and painted next year. Ms. Brennan asked about putting a sidewalk along the rock wall in front of the courthouse to allow pedestrians to walk on a sidewalk instead of in the road. Mr. Austin said that VDOT has no funds for that but suggested that the county apply for pedestrian safety funds. Mr. Carter said that Blair could price the sidewalk as a change order. Supervisors directed staff to work with VDOT to determine the best way to provide a sidewalk for safety.

JAUNT REPORT: Ms. Donna Shaunessey reported that Nelson ridership increased 16% in the County. She reported that the Transit Development plan suggests: modifying the Roseland Commuter route to Charlottesville to cover the new Martha Jefferson Hospital and adding another day of midday service. Ms. Shaunessey reported that JAUNT is working toward a bus shelter at Blue Ridge Medical Center.

2012 TJPD LEGISLATIVE PROGRAM: Mr. David C. Blount, Legislative Liaison, presented the draft Legislative Program which includes the following priorities –

1)      Secondary Road Devolution – strong opposition to any legislation that would transfer responsibility to counties for construction, maintenance or operation of current or new secondary roads.

2)      State/Local Funding & Revenues – encourages state to honor their funding obligations to localities; resist shifting costs for state programs to localities; and not further restrict local revenue authority.

3)      Public Education Funding – urges legislature to fully fund the state’s share of the realistic costs of the Standards of Quality.

4)      Chesapeake Bay TMDL – requests major and reliable forms of financial and technical assistance from the federal and state governments if water quality improvement strategies are to be effective.

5)      Transportation Funding – urges the state to establish separate, dedicated and permanent state revenue streams to expand and maintain transportation infrastructure.

6)      Land Use and Growth Management – encourages the state to provide local governments with additional tools to manage growth without preempting or circumventing existing authorities.

7)      Comprehensive Services Act – urges the state to be partners in containing costs of the CSA and to better balance CSA responsibilities between state and local government.

The program also includes items related to Economic and Workforce Development; Environmental Quality; Health and Human Services; Housing; Public Safety; and Local Government Structure and Laws. Supervisors voted 5-0 to approve a resolution of adoption.

PURCHASING PROCEDURES AND POLICIES: Staff reviewed the draft policy manual governing the county’s purchasing policies. Supervisors voted 4-0 (Mr. Harvey absent for this vote) to approve the draft manual and they voted 4-0 (Mr. Harvey absent for this vote) to advertise the procedures for public hearing to amend the code.

VIRGINIA DEPARTMENT OF HEALTH RELOCATION TO BLUE RIDGE MEDICAL CENTER: Mr. Carter presented a resolution authorizing Daggett and Griggs to provide Architectural and Engineering services for the completion of space at BRMC for use by the Health Department. Daggett and Griggs is the firm that designed BRMC.  Supervisors voted 5-0 to adopt the resolution.

VIRGINIA DEPARTMENT OF HEALTH FY11 BUDGET RECONCILIATION & REQUEST TO RETAIN CARRY OVER FUNDS: Supervisors voted unanimously to allow the local Health Department to retain $1,880 in funds from the FY11 budget.

VA OFFICE OF ANIMAL CARE AND HEALTH POLICY/NOTICE OF VIOLATION AND PENALTY: Mr. Carter reported that the Office of the State Vet has notified the county of several violations of animal control laws –

1)      An officer attempted to treat a canine and then euthanized it without the required holding period.

2)      Supervisor Uttero has not attended the required state training program.

3)      Animal Control officers have not completed the required euthanization certification programs which consist of a training session, work with the local vet to determine competency, and having the local vet establish local protocols.

The state has cited the county for parts 2 & 3 of Item #3, thereby euthanizing 152 animals illegally. Mr. Carter noted that the state has levied a $500 fine, required the officers to be properly certified, submit to unannounced inspections and establish an official protocol for euthanizing animals. He noted that Violation #1 did not happen as the animal in question was critically injured and was euthanized; Violation #2 did not happen as Mr. Uttero is a Supervisor and not an Animal Control Officer. Animal Control officers were trained by the state but had not yet completed parts 2 & 3 of Violation #3.

Supervisors voted unanimously to accept the conditions of the consent order as presented by county staff.

BROADBAND PROJECT: Mr. Carter reported that the Planning Commission made a recommendation on the proposed Martin’s Store tower but received opposition to the American Fibers tower. He noted that there is expense involved in relocating the tower. Mr. Carter recommended letting the tower application run its course with or without the recommendation of the Planning Commission, then if the Board of Supervisors does not approve the tower, the expense of examining other locations can be incurred at that point. Supervisors voted unanimously to file two applications – one for Parcel 43A106 (adjacent to the original parcel and zoned Heavy Industrial) and one for the Rockfish Valley Fire Department property.

2012 REASSESSMENT TIMELINE/BOARD OF EQUALIZATION: Mr. Harvey recommended that the BOE from the last reassessment had done a great job if they are willing to serve again. According to the timeline, reassessment notices will be mailed out December 2^nd with assessor hearings to be held December 5-16. The Board of Equalization would hold their hearings Mary and April, 2012. Supervisors voted unanimously to adopt a resolution to hold a public hearing on the deadlines for appeal of reassessment.

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

- Courthouse Project – General District and J&DR Courts are scheduled to relocate on October 21st if the new entrance to the Courthouse has been completed.

- PSCIC/Radio Communications/Microwave Project – Work has begun on installation of the tower at Devils Knob with all work to be completed prior to the end of 2011.

- Blue Ridge Tunnel – A TEP grant application was submitted to VDOT at the end of October.

- Nelson County Public Schools – The window replacement/repair projects at TRES and RRES are substantially complete with a minimum amount of trim work to be installed and completed by December 25^th.

- Personnel – Mr. Tim Padalino has accepted the position of Planner and will begin work on November 14^th.

APPOINTMENTS: Supervisors voted unanimously appointed Mr. Jerome H. Gress to the NC Economic Development Authority. Supervisors voted unanimously to recommend reappointment of Mr. Goffrey Miles to the Board of Zoning Appeals.

SPECIAL USE PERMIT/WILLIE PARRISH: The applicant has applied for a permit to place a second mobile home on property located at 1885 Cub Creek Road, Roseland, consisting of 12.59 acres and zoned Agricultural A-1. A permit is required because there is an existing manufactured home on the property and the second one will constitute a mobile home park. The existing manufactured home is used as a weekend retreat and the new mobile home will be used in the same manner. The applicant has stated that the old house on the property will be removed. Mr. Boger reported that the Planning Commission recommended approval of the permit with the condition that the removal of the existing house must be within one year of the placement of the second mobile home.

With no public comment, Supervisors unanimously approved the permit with the condition that the existing house be removed within one year.

CLASS III COMMUNICATION TOWER/COUNTY OF NELSON: The applicant has applied to construct a 144-foot tall tower with one microwave dish on property located at 5519 Rockfish Valley Highway, owned by Central Virginia Electric Cooperative (CVEC) and known as Martin’s Store Substation. The application includes requested exceptions to 20-7-3 Proximity to an Existing Tower; 20-7-2e View shed of a designated Scenic Byway; and 20-8-1 Standards of Height and the application notes that the existing 85-foot tower will be removed from the site. Mr. Boger reported that the Planning Commission recommended approval of the permit contingent on approval of a final E&S plan.

During Public Comment, Janet Lychock, Afton, objected to the tower noting concerns that it is too tall and two smaller towers could be used. She said that the application includes four waivers and she isn’t sure what the microwave dish would look like. Ms. Lychock said that there are concerns about the aesthetics of the area, noting that a bad situation at Martin’s Store should not be made worse. She noted health and wildlife concerns and said that she wouldn’t be a bit surprised to see even taller towers in the future.

Ms. Judy Barnes, Lovingston, asked why there had to be such a high tower when two shorter ones could be used. She said that there is a lot of helicopter and air traffic over that tower.

Following the Public Hearing, Supervisors voted 4-1 (Mr. Hale voting no) to approve the tower with the exceptions and the contingency included in the Planning Commission recommendation. Ms. Brennan said that she is sorry that this tower has to be in the scenic byway. Mr. Hale said that he has never liked the towers.

OTHER BUSINESS: Mr. Johnson then gave his proposal/recommendation for providers for the Broadband Project. He suggested that the county manage the system, hiring at least one part-time person and that nTelos and Shen-Tel serve as providers. No action was taken.

Meeting adjourned.

Copyright 2000-2011 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution.

BOARD OF SUPERVISORS

Thursday, October 27, 2011

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

FY12-13 TRANSPORATION ENHANCEMENT PROJECT ENDORSEMENT/BLUE RIDGE TUNNEL PROJECT: Supervisors voted unanimously to adopt a resolution of support of the ongoing Blue Ridge Tunnel Project in order to qualify for funding from the VDOT Commonwealth Transportation Board.

NOVEMBER MEETING: Supervisors voted unanimously to change their November 8^th meeting to November 10^th to avoid a conflict with Election Day.

TJPDC BROWNSFIELD GRANT/LETTER OF SUPPORT: Ms. Brennan said that, while Nelson County may or may not have sites that would benefit from the Brownsfield program, other areas of the region might. She said that supporting the program would not hurt the county. Supervisors voted 1-4 (Mr. Hale, Mr. Harvey, Mr. Bruguiere and Mr. Johnson voting no) to adopt a letter of support. Mr. Hale and Mr. Johnson said that the Board had requested information on any sites identified in Nelson and that information had not been provided for consideration.

EXPANDED EMERGENCY MEDICAL SERVICES COVERAGE: Ms. McCann reported that the current paid services are provided at 13 hours x 5 days per week for $374,092. She estimated added 11 hours x 5 days per week at $314,237.28 and 24 hours x 2 days per week at $276,828.08. Ms. McCann said that Mr. Sheets (WPOA) had presented a quick estimate to add one crew for nights and weekends at $182,000. Mr. Harvey and Mr. Bruguiere agreed to work with the volunteer agencies on a plan for additional coverage and present that plan to the Supervisors in approximately 90 days.

CLOSED SESSION/PERSONNEL MATTER – Following in a Closed Session, Supervisors adjourned the meeting.

Copyright 2000-2011 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution.

PLANNING COMMISSION

Wednesday, October 26, 2011

Present: Ms. Philippa Proulx, Mr. Mike Harman, Ms. Linda Russell, Mr. Mike Tapager and Ms. Connie Brennan (Board Liaison and non-voting)

SPECIAL USE PERMIT/WILLIE PARRISH: The applicant applied for a permit to place a second mobile home on property located at 1885 Cub Creek Road, Roseland. The property is 12.59 acres and zoned Agricultural A-1. A permit is necessary because there is an existing manufactured dwelling the property and adding a second one constitutes a mobile home park. Mr. Boger noted that the existing manufactured home is used as a weekend retreat and the second home will be used for the same purpose. He reported that there is an old house on the property which Mr. Parrish has indicated he plans to remove because of its condition. Mr. Boger reported that the Health Department has determined that, if the old house is removed, the existing septic system is sufficient to handle both the manufactured home and the new mobile home.

Commissioners asked Mr. Boger whether the tax map or the GIS is correct for the property and Mr. Boger said that neither is correct. Mr. Michael Parrish (Mr. Parrish’s son) said that the property has not been surveyed. Ms. Russell asked when the existing house would be removed and Mr. Parrish said that he thought that could be done within six months.

With no public comment, Commissioners voted 4-0 to recommend approval of the permit with the condition that the existing old dwelling unit be removed within one year of final placement of the second manufactured home.

CLASS II COMMUNICATIONS TOWER, VERIZON WIRELESS/COVE MOUNTAIN LANE, LOVINGSTON: Deferred until the December meeting at the request of the applicant.

CLASS III COMMUNICATIONS TOWER, COUNTY OF NELSON/CRITZER SHOP ROAD, AFTON: The applicant applied to install a 144-foot tower as part of the Nelson County Broadband Project on property owned by Dr. and Mrs. Andrew Hodson and located at 10368 Critzer Shop Road (adjoining the American Fibers site, owned by the Hodsons). The applicant also requested an exemption to 20-8-3 “Proximity to an Existing Tower”; 20-7-2e “viewshed of a designated Scenic By-Way”; an exception to 20-7-2a requiring 125% of the tower height to the property line; and an waiver of 20-7-5k(1) landscaping requirements. The proposed site is with one mile of a Verizon tower on Critzer Shop Road (the ordinance requires two miles). In addition, both Critzer Shop Road and Afton Mountain Roads are Scenic Byways and the proposed tower would be within both viewsheds. The applicant requested the waiver of the landscaping requirement due to the natural vegetation already screening the site.

Mr. Boger reported that an E&S plan is not required; the Virginia Department of Historic Resources issued a finding of “no adverse effect” on historical properties and/or structures in the area; VDOT has approved access off Rt. 151; and the FAA has noted no impact. He noted that information has not been submitted on how utilities would be brought to the site and their location, nor has a letter been received from an engineer certifying that the tower has been designed to collapse upon itself rather than falling over.

Mr. Steve Carter, representing Nelson County, said that the proposed tower is a part of the county’s Broadband Project and would serve approximately 800 households. He noted that the engineers looked at several site and chose the proposed site for the best service to the most households. Mr. Carter said that the engineers will provide a letter of certification once the tower has actually been designed. He noted that the Project will begin at Amoco Fibers, go to Rt. 6, across Rt. 6 and up Rt. 29 to Colleen, utilizing 5 towers (the proposed; one proposed for Martin’s Store on Rt. 151; one in Massies Mill; one at the Courthouse in Lovingston; and one at CVEC in Colleen).

Ms. Russell said that the ordinance lists Class III towers as 95’ to 130’ and an exception should have been requested and advertised for a tower of 144 feet. Mr. Boger said that the advertisement noted an application for a 144-foot tower so an exception did not have to be requested. Ms. Russell disagreed. She then asked what the Commission was being asked to make a recommendation on and Mr. Carter said just the actual tower. The county will return to the Planning Commission once a provider is identified for approval of specific antennas. Ms. Proulx said that she was perplexed why the county chose that site in the middle of a residential area. Mr. Carter said that the property is next to an industrial parcel and provides the best coverage. Ms. Russell said that the same coverage could be accomplished using more, shorter towers. She then asked whether any attempt was made to obtain agreements from the property owners within the fall area and Mr. Carter said that no attempt was made.

During the Public Hearing, MR. MICHAEL TANCYUS, an adjoining landowner, said that there had not been adequate notice as the letter from the county was only received this week. He said that he is opposed as high-speed internet is already available in the area. He also voiced concern with health issues, impacts on wildlife, the negative impact on area property values, and the lack of information on how this tower will be designed. Mr. Tancyus said that the parcel is a small piece of land and the tower will negatively impact many.

MR. MARK SHANKMAN, an adjoining landowner, said that his house is approximately 144 feet from the tower and he has plans to build a house for his in-laws on the parcel next to the tower site. He expressed opposition as the tower would lower his property values and is less than ¼ mile from Rt. 151, a tourism route. (Note: Ms. Russell pointed out that the tower is actually 125 feet from his property line and 344 feet from his house.)

MR. MARK ROSENTHAL, adjoining property owner, said that a Class III tower is 95 feet to 130 feet, not 144 feet. He said that the tower should be at least 180 feet from all property lines. Mr. Rosenthal said that the front of his house is all glass and faces the tower so he will have to look at 60 feet of this tower over the tree line every day.

MS. SUZANNE ROSENTHAL, adjoining property owner, said that a tower that requires five exceptions is clearly not in the right site. She said that the county is not following its own ordinance and will destroy two Scenic Byways.

MR. GREG TRUMAN, Rt. 6 (behind the American Fibers plan), said that the neighbors are a community and the tower will be an eyesore. He said that the site is not appropriate and the tower will lower all property values.

MS. CHRISTINE SHANKMAN, said that she has concerns about being so close to the tower and does not want the tower to take away the beauty of Nelson County. She said that there are lots of other places in the county for the tower.

MS. ELLIE RAY, Afton Mountain Road, said that she is opposed and would have to look at the tower every day.

DR. ANDREW HODSON, Veritas Works, LLC, said that he was approached about the Broadband Project with the engineers choosing the most favorable site at American Fiber, which is zoned industrial. He said that there is already a large silo there. Dr. Hodson said that he takes exception to being vilified and is a good neighbor, raising over $100,000 a year for Nelson County. He said that he will walk away and let the county put the tower elsewhere.

MS. CONNIE MILLER, Magnolia Acres, said that due diligence has not been done on the proposed site. She criticized the way the county does business, noting the questions about tax maps and GIS and questions about the advertisements.

Following public comments, Ms. Proulx explained that the county had advertised in the Nelson County Times twice as the newspaper of record; that the county policy is to notify all adjoining landowners, which had been done; and apologized that the notifications were received so late but said that the requirements for notification were met. Ms. Russell noted that federal law does not allow the county to consider health issues related to towers.

Mr. Tapager said that part of the problem is that people only get involved when their property is threatened and then do not understand the process. He said that Mr. Boger is doing the best he can with a staff of one and each Commissioner and Supervisor is doing their best to interpret and fairly apply the ordinances and regulations. Mr. Tapager said that this is a county project and he is saddened that the county did not get the neighbors involved in the process sooner. He said that the neighbors also have to understand that there is an industrial area next to them and they live in a transitional area. Mr. Tapager said he has always believed that when a subdivision is put in, the area should be rezoned to Residential instead of remaining Agricultural. He said that it also saddens him that Dr. Hodson has been put in the middle with a tower that he did not solicit.

Mr. Carter said that he would be happy to go back to the consultants to ask them to look at other sites but noted that the process is very time consuming and the county needs to move forward with speed. He noted that the county may come back with the same proposal. Ms. Proulx said that she would be thrilled with a new site. Ms. Brennan said that the county felt very lucky to get the Broadband Project as there are a lot of residents who want to be able to work from home and having high speed internet would allow them to do so. She said that Dr. Hodson and his family have contributed a great deal to this county and he did not search the county out for a tower site. Mr. Harman said that he would like to see another site chosen and he has problems with the height.

Commissioners voted 4-0 to defer further discussion until their November 16^th meeting. (NOTE: If the applicant comes back with the same proposal and site, there will not be another public hearing before the Planning Commission. If the application changes, there will be a new advertisement and the process will begin again.)

CLASS III COMMUNICATIONS TOWER, COUNTY OF NELSON/ROCKFISH VALLEY HIGHWAY: The applicant applied to install a 144-foot tower on property owned by Central Virginia Electric Cooperative at 5519 Rockfish Valley Highway at the intersection with River Road (southwest side of Martin’s Store electric substation in Afton). The applicant requested the following waivers and exceptions: Section 20-7-5k(1) landscaping requirements; Section 20-8-3 two-mile separation requirement between towers; and Section 20-7-2e one-mile setback from a designated Scenic Byway.

Mr. Boger reported that this tower application includes a 3 1/2’ dish antenna for CVEC and will require an E&S plan. He noted that the site will use the existing driveway and the FAA has noted no impact. Mr. Carter noted that the proposed tower will serve up to 1,100 homes. Ms. Russell suggested that the county reconsider their plan for a motion sensor light as every deer that passes by will trigger the light.

With no public comment, Commissioners voted 4-0 to recommend approval of the tower with the following:

1)      Approval of the waiver to the landscaping requirements in 20-7-5k(1);

2)      Recommended approval of the waiver to 20-8-83 for the tower separation and 20-7-2e for the setback from the Scenic Byway and 20-8-1 for the height of the tower;

3)      Recommended approval of installation of one microwave dish for CVEC;

4)      Removal of the existing 85-foot tower;

5)      Final E&S approval;

6)      Recommendation that the light be an on/off switch rather than a motion-sensor light; and

7)      Recommendation that the tower be painted a brown color approved by the Director of Planning & Zoning.

Meeting adjourned.

NOTE: The November Planning Commission meeting will be held on Wednesday, November 16^th due to the holidays.

Copyright 2000-2011 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution.

BOARD OF SUPERVISORS

Tuesday, October 11, 2011

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

PUBLIC COMMENT: MS. ROSE MUHLER, President, Rockfish Valley Senior Group, said that the problem with RVSG is two individuals with personal issues. She said that RVSG is doing well and thanked the Supervisors for their support.

MR. PETER PERDUE, Afton, said that he has been involved with seniors for years and would let his reputation speak for itself. He said that public funds are involved and the accounting should be transparent. Mr. Perdue said that the county’s inaction is an action and suggested that they reconsider their inaction. He also asked that they consider their position on who can attend activities at public facilities.

REGIONAL BROWNFIELDS ASSESSMENT GRANT APPLICATION: Mr. Steve Williams (Executive Director, Thomas Jefferson Planning District Commission – TJPDC) and Ms. Erin Yancey (Environmental Planner, TJPDC) reported that TJPDC plans to apply for a grant from the EPA for a regional brownfields assessment project and asked for the county’s support for the application.  Ms. Yancey explained that a brownfield is a property affected by real or potential environmental contamination, usually at a low level that does not pose a health threat to the occupants or community but can cloud a property title and cause un- or under-utilization of the property. Mr. Williams said that the first phase would work with a county committee to identify possible brownfields, as well as adding those identified by banks, DEQ, insurance companies. He said that following the identification phase, sites would be chosen for development of a remediation plan.

Mr. Bruguiere said that he would prefer to review the list of sites before the public were involved. Mr. Hale said that he would like to see a list of the potential sites already identified by county staff. Supervisors voted unanimously to table consideration for additional information and further review.

VIRGINIA DEPARTMENT OF HEALTH: Dr. L. Peake, Director, presented a review of what the local health department does and how it differs from the programs offered by Blue Ridge Medical Center. She noted that the two organizations often work together to maximize programs.

NELSON COUNTY HEALTH DEPARTMENT RELOCATION: Mr. Carter reported that county staff and local Health Department staff have visited the Blue Ridge Medical Center site to tour the unused space. He noted that BRMC’s board has agreed to consider the move to the approximately 4,300 sq ft space. Mr. Carter reported that neither the local Health Department nor Blue Ridge Medical Center have the resources to finish the space for Health Department use however. After discussion, Supervisors voted to direct staff to proceed with obtaining at least two cost estimates from architects and a study of relocating the local Health Department to the Blue Ridge Medical Center facility.

SUBDIVISION ORDINANCE, INDIVIDUAL SEPTIC SYSTEMS: Mr. Boger presented a list of how multiple counties handle divisions, noting that some require perk tests on all parcels and some exempt lots over a certain size (usually 10, 20, 40 acres). Supervisors tabled discussion until their next meeting to review the materials, including options if the Board decides to amend the requirements.

DRAFT PURCHASING POLICY: Supervisors reviewed changes to the 1996 purchasing policy and tabled action to allow time for review of the draft and proposed changes.

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

-          Courthouse Project: The E-911 Dispatch Center is scheduled to move into the new addition on October 12^th with the Sheriff’s Department moving on October 14^th. The General District and J&DR courts are tentatively scheduled to move October 28^th. Work is scheduled to continue for the next 6-8 weeks on the renovation of the Jefferson Building and the second floor bridge between the 1940s and 1960s additions.

-          Broadband Project: Construction of the fiber optic backbone is set to begin within the next two weeks with a four-month construction period projected. Permitting of the two Rt. 151 towers is in process and a location for the Massies Mill tower has been identified and pending final site confirmation negotiation with the property owner. A decision is pending on the contracting with a company to operate the network.

-          Gladstone Rescue Squad: The Court-appointed Receiver has retained the general contractor employed by the former GRS and work is in process. The licensing of the Gladstone Volunteer Fire Department to become an EMS agency is pending final issuance by VA-OEMS.

-          Nelson County Public Schools: The window replacement/repair projects at Tye River Elementary School and Rockfish River Elementary School are on track to be completed by mid-October.

BOARD DIRECTIVES: Supervisors directed staff to have the county attorney prepare a draft contract to sell The Heritage Center to the Millenium Group.

APPOINTMENTS: Supervisors voted unanimously to appoint Ms. Patricia Hughes to the Region Ten Community Services Board.

Meeting adjourned.

Copyright 2000-2011 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution.

BOARD OF SUPERVISORS

Thursday, September 22, 2011

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

HEALTH DEPARTMENT RELOCATION: Mr. Carter reported that he has received input from representatives of Martha Jefferson Hospital on the county’s inquiry into possibly leasing the MJH property (7847 & 7849 Rockfish Valley Highway) which is the present location of Afton Family Medicine, which will be moving to its new facility across from Afton Service Center on October 3^rd. MJH representatives said that the property is available for lease or purchase, at a purchase price of $450,000 or a lease of $13 per square foot (approximately 4,600 square feet). For comparison purposes, the county leases 4,160 square feet of space at the Nelson Center for $12.98 per square foot for a total annual expense of $54,000 (includes utilities and housekeeping).

Mr. Carter said that a possible second option is working with Blue Ridge Medical Center to establish leased space within the new BRMC facility (to be completed approximately November 15^th).  He reported that staff and Health Department representatives will be touring the facility next week and will talk with BRMC staff about the option. Mr. Bruguiere said that with the medical facility there, it would make sense to have the Health Department on the site. Further discussion was tabled pending more information after the site visit to BRMC.

SOLID WASTE COLLECTION SERVICES: Mr. Carter presented the county staff reports on providing an open top container, as requested by Mr. Johnson, for Gladstone and Montebello. Mr. Johnson said that Gladstone residents should not have to drive to the transfer station to dispose of large items. Mr. Bruguiere said that no one in Montebello has asked for an open top container and he would not agree to put one there. Mr. Johnson, responding to staff reports of abuse by commercial, contractors and residents, said that Gladstone residents would police their own cleanup around the open top. Ms. McSwain’s report noted that there had never been an open top container at Gladstone – the county simply replaced Waste Management’s compactor with a county-owned compactor. Her report also said that very few people still think that the public should bear the cost of hauling an individual’s privately-owned bulky item to the Transfer Station – individuals should be responsible for paying for their own items. The waste stream from Gladstone averages 50% commercial waste and an open top container is an invitation for even more abuse.

Mr. Hale said that he started working with Mr. Harry Harris in 2006 when the county was plagued with open top sites and with the help of county staff was finally able to establish a solid waste program. He said that both the County Administrator and the Solid Waste Coordinator have presented compelling arguments for the system as it exists with no open tops. Mr. Hale said that the end result of the current system is that the county is a model with the system that works. He said that the reasons for this open top are dubious at best. Mr. Hale said that decisions made by the Board of Supervisors should not be for the benefit of one supervisor or one district but should be in the best interest of all.

Ms. Brennan said that 50% of the Gladstone waste is commercial and the county taxpayers should not have to pay for commercial waste. She said that she could not imagine that the residents of Gladstone would suffer from the lack of an open top. Ms. Brennan said that her vote would be for economic reasons and in the best interest of all taxpayers.

Supervisors voted 3-2 (Mr. Hale and Ms. Brennan voting no) to install a 20-yard container in Gladstone for a 30-day trial period. The container is to be leased if the county does not own a 20-yard container.

MASSIES MILL RECREATION CENTER: Mr. Carter reported that MMRC paid its outstanding real estate tax balance in full on September 19^th. He noted, however, that MMRC has not responded to the county’s request for an accounting of the use and balance of funding paid to the organization by the county since August, 2007 ($33,750 in 8/07 for purchase of 3.75 acres of land and $8,671 in 9/09 as payment in lieu of resurfacing the outdoor basketball court, a total of $42,421). After discussion, Supervisors agreed that by previous agreement, the county would rebate the amount of the taxes to MMRC but continue to request an accounting as noted above.

GLADSTONE RESCUE SQUAD: Mr. Carter presented a resolution establishing Gladstone Volunteer Fire Department as an EMS agency. This resolution is required as a part of the VA-Office of Emergency Management Services’ application process to license GVFD as an EMS agency.

Mr. Carter reported that the court-appointed Receiver has recommended that the original contractor (Mr. Shawn Wright) return to complete the renovations of the Gladstone Rescue Squad building. The contract price with change orders totals $83,959 with $46,019 in payments made for a balance remaining of $36,940 plus $3,500 for electrical work due. In addition, the contactor is asking for $5,000 in attorney fees. After discussion, Supervisors voted 4-1 (Mr. Hale voting no) to pay the legal fees. In addition, the Board agreed by consensus to move forward with the contract minus the cabinet work.

NOVEMBER MEETING: Supervisors agreed by consensus to change their November meeting to Thursday, November 10^th at 2:00/7:00pm to accommodate Election Day.

Meeting adjourned.

Copyright 2000-2011 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution.