BOARD OF SUPERVISORS
Tuesday, July 14, 2009

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

PUBLIC COMMENT –Dr. Roger Collins, School Superintendent, updated the
Supervisors on issues related to schools, reporting that all four Nelson
schools will be fully accredited again this year. He noted that there were
141 graduates in the Class of 2009 with 81 of those graduates plans to
attend a two- or four-year college. Dr. Collins reported that the schools
were able to accomplish some of their capital improvement projects and that
the expected federal stimulus monies will be allocated through a
reimbursable process.

BROADBAND PROJECT – Mr. Carter reported that information is not final on
federal stimulus funds but that there are indications that the state could
invite the county to join in an application for funds. He indicated that
the county could also file its own application or file a regional
application. In addition, Mr. Carter reported that Icon Broadband
Technologies (the consultants who conducted the earlier studies) have quoted
$5,000 to assist the county in seeking funding from VA Department of Housing
and Community Development (DHCD) and another $17,000 to prepare a Request
for Proposals (RFP) from parties interested in helping the county implement
broadband solutions. Mr. Carter asked the Board to consider approving the
following four items:

– Authority to submit a federal stimulus grant application for funding
with or without inclusion in the state’s application;

– Authority to submit a DHCD Local Innovation Grant;

– A commitment from the county for the 20% local matching funds for a DHCD
grant of up to $481,540; and

– Approval of the $22,000 contract and funding with Icon Broadband
Technologies as noted above.

Supervisors voted 4-1 (Mr. Hale voting no) to approve the four items above.
Mr. Bruguiere said that he would reluctantly vote yes although he is not
sure the project will be the benefit everyone wants. Ms. Brennan said that
broadband is needed and worth doing. Mr. Johnson said that the county has no
future without broadband for jobs and to improve the standard of living. Mr.
Hale said that high-speed internet is essential to those doing business, but
said that there are options available now.

VIRGINIA BLUE RIDGE RAILWAY TRAIL – Supervisors voted 5-0 to authorize staff
to submit an application to the Virginia Recreational Trails program for a
grant in the amount of $25,000 for the next section of the trail.

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

– Schuyler Collection Site – has been closed and cleanup has been
completed with proposals obtained for the environmental testing to be done
related to the possible presence of contaminants resulting from waste
disposal.

– Blue Ridge Medical Center – the county has received notice from DHCD of
acceptance of the initial report on BRMC’s planned construction of a dental
clinic facility at the Center’s location on Rt. 29. The county is now
eligible to apply for $3,000 in funding for the first work that was
completed and an additional $23,000 in CDBG planning grant funding to
continue the planning of the dental clinic.

– Credit card machines have been purchased and, as of July 14th, installed
in the offices of the Treasurer, Planning & Zoning and Building Inspections.

APPOINTMENTS –

Supervisors voted 5-0 to appoint Mr. Ronald Fandetti to the Keep Nelson
Beautiful Council.

AMENDMENT/ZONING ORDINANCE/CABINS – With no public comment, Supervisors
voted 5-0 to amend the ordinance as follows:

Article 2. Definitions

2-15a Cabin: A single, permanent detached dwelling unit, which may or may
not contain cooking facilities and electrical service, and/or bathroom
facilities, dedicated to temporary occupancy of no more than 180 days per
year, for purposes of recreation, education, or vacation. Rental properties
meeting this description shall be considered cabins. If approved, the
property owner agrees to place a restrictive covenant on the property that
would limit the occupancy/use of the cabin to 180 days per year.

The amendment adds Cabin as a Use Permitted by Conditional Use Permit in
Agricultural (A-1) and Conservation (C-1) Districts.

AMENDMENT/ZONING ORDINANCE/AGRICULTURAL DISTRICTS – With no public comment,
Supervisors voted 5-0 to amend the ordinance as follows:

Article 2. Definitions.

2-85a Subdivision: A parcel of land which has been subdivided into smaller
parcels or lots for the purpose, either immediate or future, of transfer of
ownership or building development. The term “subdivision” includes FAMILY
DIVISIONS, “re-subdivision”, and, when appropriate to the context, shall
relate to the process of subdividing or the land subdivided.

Article 4, Agricultural District A-1

4-2 LOTS ALLOWED and Area Regulations (replacing Division Rights and Area
Regulations)

4-2-1 A parcel of record in the Clerk’s Office of the Circuit Court of
Nelson County on the effective date of this subsection (JUNE 1, 2007) MAY BE
DIVIDED INTO NO MORE LOTS THAN ARE PROVIDED IN THE CHART BELOW

0-5 acres 2 lots allowed
5-10 acres 3 lots allowed
10-15 acres 4 lots allowed
15-20 acres 5 lots allowed
20-25 acres 6 lots allowed
25-35 acres 7 lots allowed
35-45 acres 8 lots allowed
45-55 acres 9 lots allowed
55-65 acres 10 lots allowed
65-75 acres 11 lots allowed
75 acres A parcel of land larger than 75 acres has
additional division rights, provided each additional lot created is 20 acres
or more in size.

At the time of division, the owner of the parcel so divided shall designate
the number of LOTS into which each parcel so divided may be further divided
pursuant to this section. No such division or adjustment of boundary lines
or any other reconfiguration of a parcel shall increase the number of LOTS
which may be created.

Each plat of survey reflecting a division or adjustment of boundary lines or
any other reconfiguration of a parcel shall provide therein: (i) the
original number of LOTS ALLOWED FOR THE PARCEL, together with appropriate
instrument number references; (ii) the number of LOTS CREATED in this
division; (iii) the number of LOTS remaining; and (iv) the ALLOCATION OF
remaining LOT RIGHTS AMONG THE NEWLY CREATED LOTS.

Supervisors agreed that removing “division rights” and replacing that phrase
with “lots” created less confusion.

AMENDMENT/SUBDIVISION ORDINANCE/FAMILY DIVISIONS – With no public comment,
Supervisors voted 5-0 to amend Section 2 Definitions/Subdivision to include
“family division”. In addition, Section 3-2 Exceptions to Review by
Commission was amended as follows:

(4) A single division of a tract or parcel of land for the purpose of sale
or gift to a member of the immediate family of the property owner IF THE
PROPERTY OWNER AGREES TO PLACE A RESTRICTIVE COVENANT ON THE SUBDIVIDED
PROPERTY THAT WOULD PROHIBIT THE TRANSFER OF THE PROPERTY TO A NONMEMBER OF
THE IMMEDIATE FAMILY FOR A PERIOD OF FIVE (5) YEARS. Any parcel thus created
having less than five (5) acres shall have a right-of-way of no less than
thirty (30) feet wide providing ingress and egress to and from a dedicated
recorded public street. Only one such division shall be allowed per family
member, and shall not be for the purpose of circumventing this ordinance.
For the purpose of this subsection, a member of the property owner’s
immediate family is defined as any person who is a natural or legally
defined OFFSPRING, STEPCHILD, SPOUSE, SIBLING, GRANDCHILD, GRANDPARENT, OR
PARENT OF THE OWNER. It shall be noted on the plat and in the deed that this
is a family division of property pursuant to this subsection.

AMENDMENT/NELSON COUNTY CODE/COURT FEES – With no public comment,
Supervisors voted 5-0 to amend Chapter 11 to increase court fees in each
civil action filed in district or circuit court where the amount in
controversy is greater than $500.00 and in each criminal or traffic case in
the district or circuit court in which the defendant is charged with a
violation of any statute or ordinance. The current fee for construction and
maintenance of courthouse and court-related facilities is $2.00 and an
additional $3.00 fee will be assessed. The total fee of $5.00 will be
disbursed by the Supervisors solely for the construction, reconstruction,
renovation of, or adaptive re-use of a structure for a courthouse. In
addition, the fee for the use and maintenance of the law library was changed
from $2.00 to $4.00.

Meeting adjourned.

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