BOARD OF SUPERVISORS
Tuesday, November 10, 2009

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

HEALTH DEPARTMENT BUILDING – Mr. Randy Vaughan with Wiley Wilson presented a
review of the condition of the existing building, noting serious issues with
the electrical system and concerns with the roof and energy efficiency and
then gave options for the building as follows:

Option I – gutting and renovating the building for $1,463,000
Option II – gutting and renovating the building with a 3,200 sq ft addition
for $2,240,000
Option III – gutting and renovating the building with a 6,100 sq ft
two-story addition for $3,040,000
Option IV – demolishing the building and constructing a new three-story
(20,736 sq ft) building
for $5,500,000
Option V – demolishing the building and constructing a new four-story
(27,648 sq ft) building for $7,300,000
Option VI – demolishing the building and constructing the same (8,766 sq ft)
building plus a 6,100 sq ft addition for 3,975,000

Mr. Vaughan said that for availability and best use of space, he ranked his
recommendations as Option IV, III, II and I with Options VI and V proving
too expensive or not providing a valid use of space.

Mr. Hale asked how much money would be available from the state for the
Health Department space and whether those funds could be used for
renovations. Mr. Carter said that there would be $1.2 million and that those
funds would be provided to the county over a period of 20 years and that
they could be used for a new building or to renovate an existing building.
Mr. Johnson asked staff to determine what the debt service cost would be to
the county over that 20 year period, including the additional funds the
county would have to provide if utilizing Option I. Ms. Brennan asked
whether the existing building could be renovated now with an addition added
later. Mr. Vaughan said that it could but that it would not be as cost
effective to do it that way. Mr. Hale said that the Board would need to come
to a consensus soon and that he does not believe the county should undertake
more major construction given the state’s budget issues. He suggested
looking at renovating the existing building. Mr. Bruguiere asked staff to
determine what the lease fees would be if the Health Department were moved
to another site. Supervisors tabled further discussion for more information
from staff.

PROPOSED ZONING ORDINANCE AMENDMENTS/ LOT SIZES – Having held a public
hearing at their last meeting and with no discussion, Supervisors voted 5-0
to adopt a resolution amending the zoning ordinance to allow for 30,000
square foot lots in Agricultural (A-1) and Residential (R-1) for one
single-family residence or one two-family detached unit utilizing Nelson
County public sewage disposal systems.

ROSELAND WATERLINE EXTENSION/UST REMEDIATION – Mr. Carter reported that the
VA DEQ has committed $1,687,940 in funding towards a water line extension
project to deal with two areas of Nelson (Ferguson’s Store and Roseland)
that have been impacted by releases from underground petroleum storage tanks
(UST). Supervisors had previously considered 4 options:
1. Ferguson’s Store $600,000
2. Ferguson’s Store, Henderson’s Store plus along secondary roads $2
million
3. Ferguson’s Store, Henderson’s Store and Roseland $3 million
4. Extension to Roseland along Rt. 151 only $1.7 million

Mr. Carter reported that the Nelson County Service Authority (NCSA) staff,
during discussions of Option 4 with lateral connections only to the 8 UST
impacted properties, noted that any of the four options would require
completion of a Tye River Withdrawal Project at an estimated cost of $1.3
million plus an expansion of the Colleen Water Treatment Plant at a
projected cost of $500,000. With these additional expenses, the total
projected project cost for Option 4 would be at $2.1 million. Mr. Carter
recommended that the Board not authorize acceptance of the DEQ funds or
implementation of the project while the staff works to determine whether
additional funding might be available for the project.

Ms. Brennan asked whether there is sufficient capacity to handle the
Ferguson Store portion of the project and Mr. Carter said he thought there
would be but that he would have to verify that with the NCSA. Mr. Bruguiere
said that that would leave Roseland Rescue Squad (on whose property the
second UST has created a problem) spending their money to get right-of-ways
and dig wells that might still not fix the problem. Mr. Harvey said that
there needs to be a line to Roseland with hookups for those people affected.
He said that anyone else who wants to hook up would have to pay for the
hookup. He said that the NCSA upgrades are going to be needed eventually.
Supervisors agreed by consensus that Mr. Bruguiere and Mr. Harvey would meet
with NCSA staff to develop options.

WINTERGARDEN/BLACKROCK COMPACTORS – Mr. Hale reported that he had met with
Mr. Russell Otis and representatives regarding construction and other
inappropriate materials being placed in both compactors. He noted that
Wintergreen Property Owners Association (WPOA) is aware of the problem and
working to correct the issues. Mr. Hale said that remote cameras have been
installed and prosecution of violators will be forthcoming. Mr. Hale
suggested leaving both compactors in place while WPOA works to correct the
problems and he asked staff to develop signage for the two sites to state
that they are for household waste only and that violators will be
prosecuted.

LEGISLATIVE CHANGE TO SET MAXIMUM SPEED LIMIT ON NON-SURFACE TREATED
HIGHWAYS – Supervisors voted 5-0 to adopt a resolution asking the General
Assembly to include Nelson in legislation (Section 46.2-8731 of the Code of
Virginia) allowing the county to set the speed limit on gravel and dirt
roads at 35 mph unless otherwise noted by sign.

TRANSPORTATION ENHANCEMENT GRANT APPLICATIONS/BLUE RIDGE TUNNEL & BLUE RIDGE
TRAIL – Supervisors voted 5-0 to adopt resolutions authorizing staff to
apply for VDOT grant funds for both projects.

SMALL WIND ENERGY ORDINANCE – Mr. Boger reviewed the proposed changes to the
ordinance:

– Addition of definitions relating to Building-Mounted Small Wind Energy
System (a system directly installed on a building or its roof)
– Number of small wind energy systems permitted by right changed to allow
one building-mounted system only on parcels of less than one acre; one
building-mounted or tower unit on any other size parcel with a Conditional
Use Permit required for additional units.
– Set the maximum height for building-mounted systems at 15 feet above the
point of attachment to the building or above the roof deck where the system
is placed.
– Addition of required 110 percent of the building-mounted extended height
from the property line for required setback.
– Addition of paragraph, “Building permit applications for a small wind
energy system shall be accompanied by standard drawings of the wind turbine
structure, including the tower, base and footings. An engineering analysis
of the tower and a structural analysis for a building-mounted system showing
compliance with the Virginia Uniform Statewide Building Code and certified
by a licensed professional engineer shall also be submitted.”

Having previously held a public hearing on the proposed ordinance,
Supervisors voted 5-0 to adopt Section 22 Small Wind Energy Ordinance as
amended.

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

– 2010-2012 Composite Index will increase slightly from .5714 to .5734
(the Index is a formula used to determine funding for public schools and
includes non-resident Adjusted Gross Income);
– Broadband Project – USDA-RUS and NTIA decisions on Round 1 federal ARRA
funding have been delayed until mid-December.

APPOINTMENTS – Supervisors voted unanimously to reappoint Ms. Linda Russell
to the Board of Zoning Appeals.

SPECIAL USE PERMIT/JEREMY SCOTT & CYNTHIA KENNEDY – Withdrawn by the
applicant.

MEETING SCHEDULE – Supervisors voted unanimously to cancel their November
26th and December 24th meetings.

Meeting adjourned.

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