BOARD OF SUPERVISORS

Tuesday, June 14, 2011

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

Absent: Mr. Tommy Bruguiere

FY11-12 BUDGET: Supervisors unanimously adopted a budget including all funds, revenues and expenditures of $69,761,340. The individual fund totals are:

General $ 32,862,782.00

VPA $ 1,925,909.00

Debt Service $ 3,798,141.00

CDBG $ 898,000.00

Capital $ 900,500.00

School $ 24,103,300.00

Textbook $ 578,859.00

Piney River (Operations) $ 220,314.00

Broadband Project $ 2,206,420.00

Courthouse Project $ 2,267,115.00

Ms. Brennan noted that the budget can be amended as needed.

LINE OF DUTY ACT: Beginning FY12, the General Assembly has transferred responsibility to the county to pay for survivor and family health insurance and disability coverage for paid and volunteer public safety workers. Ms. McCann, Director of Finance, presented a price comparison for the state program (managed by VRS) and VACORP (the group that carries the county’s program) as follows:

FY12 FY13 FY14 FY15

VRS $ 29,762.50 $ 46,535.33 $ 64,048.74 $ 81,754.31

VACORP $ 24,318.00 $ 34,078.28 $ 42,102.82 $ 54,162.96

Difference $ 5,444.50 $ 12,457.05 $ 21,945.92 $ 27,591.35

Staff recommended adoption of a resolution of irrevocable election not to participate in the state’s line of duty act fund. After discussion, Supervisors unanimously adopted the recommended resolution. In addition, Supervisors voted unanimously to authorize staff to execute an amendment to the county’s VACORP policy to include public safety workers.

REGION 2000 WATER SUPPLY PLAN: Mr. Carter reported that the DEQ has completed their review and Draper Aden will present the plan prior to a public hearing at the Board’s August 25th meeting.

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

– Courthouse Project – substantial completion date is now mid-July, excluding renovation of the Jefferson Building and the second floor bridge between the east and west wings of the existing Courthouse.

– Nelson Memorial Library HVAC Project – project to begin in August and will take approximately 3 weeks to complete.

APPOINTMENTS:

Ag/Forestal Advisory Committee – Supervisors unanimously reappointed: Lee Albright, Andy Wright, Susan McSwain, Andre Derdeyn, Bruce Vlk. In addition, Supervisors also unanimously appointed Billy Newman to that committee.

Economic Development Authority – Supervisors unanimously reappointed John Bruguiere.

Library Advisory Committee – Supervisors unanimously reappointed Jane Strauss.

Nelson County Social Services Board – Supervisors unanimously appointed Mr. Joseph B. Williamson.

Thomas Jefferson Community Criminal Justice Board – Supervisors took no action, noting that Mr. James E. Hall will continue to serve.

DIRECTIVES: Mr. Hale presented a draft definition of a Wildlife Rehabilitation Center to allow for a business to locate in Nelson. Supervisors voted unanimously to refer the draft to the Planning Commission for their review and recommendation.

GLADSTONE RESCUE SQUAD/FINANCIAL RECORDS: Supervisors unanimously adopted a resolution ordering Gladstone Rescue Squad to produce all financial records, including but not limited to checking account registers and statements, ledgers, contribution and income logs, and invoices and the minutes of Squad meetings for the period of January 1, 2006 through the date of delivery. By resolution, if the records are not delivered by June 22, 2011, the County Attorney is directed to seek a subpoena for the papers from the Circuit Court.

CLOSED SESSION: Supervisors met in closed session to discuss a personnel matter.

PROPOSED AMENDMENTS/ARTICLE 20 COMMUNICATION TOWER ORDINANCE: Mr. Boger reviewed the proposed changes. During the Public Hearing, Ms. Lori Schweller, representing Verizon, said that she appreciated the opportunity to participate in the revision process and said that she believes the new draft reflects the county’s goals to keep towers hidden while providing for good coverage. She said that the Board has the opportunity, however, to perfect the ordinance and noted several suggestions:

1. The draft proposed Class I towers up to 85 feet with administrative review/approval; Class II towers up to 130 feet with Planning Commission review/approval; and Class III towers over 130 feet with Board of Supervisors/SUP approval. Ms. Schweller suggested raising the Class I towers to at least 95 feet, if not 130 feet.
2. The draft permits Class II towers 86-130’ but requires them to be 10’ above the treeline where possible. Ms. Schweller said that since trees in the county typically grow in the 60-85’ range, applicants would have to request waivers more often than not. She recommended removing the tree requirements for towers over 95 feet.
3. Since trees in the county typically grow 60’-85’, Ms. Schweller recommended removing the 10’ above treeline requirement for Class II towers which are 86-130’. She said that applicants would have to request a waiver more often than not.
4. Ms. Schweller recommended removing the restriction on two towers within 200’, noting that areas like Wintergreen and other areas have restrictions that would reduce the area available for towers but they have high demand for service.
5. Ms. Schweller asked for a cap on consultant fees.
6. Typical carriers deploy three antennas in sets of three, each facing a different direction to direct signal 360 degrees. The draft links setbacks and increases in setbacks to sets of two antennas. Ms. Schweller suggested changing that to three antennas and suggested replacing “antennas” with “antenna arrays”.
7. Ms. Schweller suggested removing the reporting requirement, noting that any changes or amendments require zoning approval anyway.

Following the public hearing, Mr. Hale said that he agrees with restrictions on clustering towers, noting that the draft provides for an exemption in special cases. Mr. Harvey said that he agrees with all of the suggested changes, especially eliminating the restriction on clustering towers. Supervisors tabled further discussion until their July 12th meeting.

PROPOSED AMENDMENTS/SMALL WIND ENERGY SYSTEMS: The proposed amendments would allow small wind energy systems higher than 100 feet but less than 199 feet on parcels of 20 acres or more by Special Use Permit in Conservation Districts C-1, Agricultural A-1, Industrial M-2 and Light Industrial M-1.

During the Public Hearing, Mr. Aaron McFarland said that he is a general contractor who has installed wind systems for a while. He said that the systems are great energy if done correctly. He said that he agrees with the proposed amendment to allow the necessary heights to maximize the wind potential.

Supervisors voted 4-0 to adopt the proposed amendments to the Small Wind Energy Systems as noted above.

With no public comment, meeting adjourned.

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