BOARD OF SUPERVISORS
Tuesday, August 11, 2009

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

LEGISLATIVE REPORT- Mr. David Blount, Legislative Liaison with Thomas
Jefferson Planning District Commission (TJPDC), reported that he is
developing the legislative program and priorities to include financial
issues, education, and land use and growth management issues. He asked the
Supervisors to consider their local ongoing concerns.

PROPOSED CHANGES TO VIRGINIA STORMWATER MANAGEMENT PROGRAM – Ms. Alyson
Sappington with Thomas Jefferson Soil & Water Conservation District reviewed
the proposed changes, noting that development-related pollution is
increasing while pollution from agricultural and water treatment plants is
decreasing. She reported that impervious surfaces in the Bay Watershed grew
by 41% in the 1990’s while the population grew by only 8%. She said that a
lot of what is in the proposed regulations cannot be changed and is
non-negotiable due to legislation. Ms. Sappington said that the new
regulations are more stringent and include managed turf (golf courses,
athletic fields, etc) with new statewide fees. The new fee schedule
allocates 72% of the fees to the county if it operates its own program
(projected to cover 100% of the local costs) with 28% to Department of
Conservation and Recreation (DCR) for oversight. She noted, however, that
the new fees do not include the long-term inspections and enforcement. Ms.
Sappington said that long-term inspection and maintenance of stormwater
facilities is a requirement of the new regulations.

Ms. Sappington noted that the county has the option of operating their own
program with the following considerations: workload, record keeping, staff
resources (training required), responsibility, time frame for reviews could
be longer if done through another agency, local programs can be more
flexible, there is often more confusion with more agencies involved, and
long-term inspections and enforcement required. She said that the county
could run its own program, contract with an outside agency or partner with
other counties.

Mr. Jim Echols, DCR, said that the state has been working on the draft
regulations for four years and is now accepting public comment through
August 21st. (Note: for info, go to www.dcr.virginia.gov then click on
“Policy, Regulations and Public Comment”). He reported that local
governments will be required to develop a local ordinance, provide training
for their staff, do the record keeping; manage the workload and do the
inspections and enforcement.

Mr. Johnson said that he objects to the statewide fee system, saying that
the cost for a development in an urban area is much greater than a
development in Nelson. Ms. Sappington noted that if the county plans to run
its own program, the fees are designed to cover the costs of that program.
Mr. Harvey asked whether single-family residential is exempt. Mr. Echols
said that as long as less than one acre of land is disturbed, single-family
residential is exempt unless part of a platted subdivision. Mr. Harvey asked
whether agriculture is exempt and Mr. Echols said that it is. Ms. Brennan
expressed concern that having lower fees for Nelson could result in unwanted
development with those associated costs. Mr. Hale said that he had heard
concerns that the revised requirements could increase urban sprawl. Mr.
Echols said that there is a concern that it could increase large lot
development. He noted that the revised ordinance would, if on schedule, take
effect July 2010.

Supervisors voted 5-0 to adopt an ordinance directing staff to draft
comments on the proposed changes for their review at their next meeting.

VDOT REPORT – Mr. Kevin Wright reported that Rt. 627 (Glenthorne Loop) and
Rt. 661 (Phoenix Road-dead end portion) have been completed under the Rural
Rustic Roads program. Development continues on other projects as well as the
151/635 turn lane at Greenfield.

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

– Cove Valley Collection Site – property acquisition has been completed
with final design in process
– Broadband Project – county is working on two funding application –
USDA/RUS which is 50% loan and 50% grant and NTIA which is 100% grant.

APPOINTMENTS – tabled.

ADDITION TO DAVIS CREEK AGRICULTURAL/FORESTAL DISTRICT – Mr. Carter reported
that the Ag/Forestal Advisory Committee and the Planning Commission have
recommended approval of the addition of 19.4 acres belonging to Mr. and Mrs.
Andre Derdeyn and located at 342 Huffman Way to the Davis Creek District
with the same conditions specific to that district. With no public comment,
Supervisors voted 5-0 to approve the addition to the district.

Meeting continued until August 20th at 11:00am. The August 27th meeting has
been cancelled.

Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may
be reprinted or excerpted with attribution.