BOARD OF SUPERVISORS
Tuesday, June 9, 2009

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

ARRINGTON BRIDGE MEMORIAL REQUEST – Supervisors voted 4-0 (Mr. Bruguiere
absent for this vote) to adopt a resolution requesting that the Commonwealth
Transportation Board name the Arrington Bridge (Rt. 655 Variety Mills Road)
in memory and honor of the late former Supervisor Harry S. Harris.

NELSON COUNTY WIRELESS SERVICES AUTHORITY – Supervisors voted 4-0 (Mr.
Bruguiere absent for this vote) to adopt the Articles of Incorporation but
changing the name to Nelson County Broadband Authority.

VDOT REPORT – Supervisors voted 5-0 to adopt a resolution establishing the
following roads as Rural Rustic Roads and requested that they be paved:

Rt. 641 Eades Lane
Rt. 807 Parrish Lane
Rt. 726 Donahue Lane
Rt. 611 Ennis Mountain
Rt. 721 Greenfield Drive

Mr. Wright noted that funding is available for these five roads with work to
be completed by 2010.

PINEY RIVER IV PROJECT (FERGUSON’S STORE/ROSELAND) – Mr. Mike Larson with
Draper Aden Associates presented a draft Preliminary Engineering Report on
the project, noting that a 12-inch water main was extended to the Rt. 56/Rt.
151 intersection as part of the Piney River Water Extension Project. He
said that several reasons for consideration of the proposed project:

– existing water quantity and quality problems in the area;
– two documented leaking underground storage tanks (Ferguson’s Store and
Roseland Rescue Squad); and
– operational efficiency as the Henderson’s store area currently has only
sewer.

Mr. Larson reported that DEQ is currently dealing with the two Leaking
Underground Storage Tank (LUST) sites – to pay for filters for neighboring
residences whose underground water supply has been contaminated. DEQ has
indicated that the funds remaining in the accounts for each site that could
be used for the construction of a public water system to provide potable
water and eliminate the need for filters. The funds for each can only be
used for that particular extension however.

Mr. Larson presented four options for extending the lines (the cost for each
may or may not include the cost for providing private laterals – from the
meter at the property line to the house):

Option #1 – Extending the water main 5,550 feet along Rt. 151 to the
Ferguson’s Store area – serving approximately 23 customers (currently sewer
only) – Cost $555,000 plus $49,200 for private laterals. NOTE: This is the
only option that would not require debt service and would have sufficient
funding to cover costs from DEQ.

Option #2 – Extension of approximately 25,000 LF of water main to each of
the existing 86 sewer-only customers in the Henderson’s Store area plus the
infrastructure in Option #1 – Cost $1,968,000 plus $147,495 for private
laterals.

Option #3 – Extension of approximately 37,000 LF of water main to serve the
86 sewer-only customers plus 45 new water customers for a total of up to 131
customers in the existing service area plus an extension to Roseland – Cost
$2,928,000 plus $324,720 for private laterals.

Option #4 – Extension of approximately 19,000 LF of water main that would
serve up to 77 customers – does not include providing service to any of the
existing sewer-only customers in the Henderson’s Store area who are not
directly along Rt. 151 – Cost $1,663,000 plus $175,380 for private laterals.

Mr. Larson noted that the amount of DEQ grant funding is dependent on the
extent of the project. Option #1 and #2 would relieve only the problems at
the Ferguson’s Store site and would, therefore, be eligible for the $555,000
available for that site. Options #3 and #4 would address both site problems
so the grant amount could be as much as $1,080,000. He reported that Rural
Development grant/loan funding could be available – probably 50% grant and
50% loan – but the average monthly bill must be 1.5% of the median household
income for the area. This requirement would require that the current bill
of $32.10 be increased to $39.64.

Mr. Bruguiere supported Option #4. Mr. Hale said that he has serious issues
with running infrastructure miles through rural areas with few customers.
Mr. Bruguiere said that the area has development potential and Mr. Hale said
that the developer should then pay for the infrastructure.

Further discussion was tabled. Mr. Bruguiere and county staff will meet
with Nelson County Service Authority staff later this week to present the
information and receive their input.

FY 09-10 BUDGET – Supervisors voted 5-0 to adopt the budget of $69,352,680
(all funds, revenues and expenditures).

PROPOSED AMENDMENT TO NC CODE/COURTHOUSE MAINTENANCE AND LAW LIBRARY FEES –
Supervisors voted 5-0 to adopt a resolution authorizing staff to advertise
for a public hearing on July 14 at 7:30pm a proposed amendment to raising
the assessment of court fees for construction and maintenance of the
courthouse and court related facilities and to provide for the higher
assessment of court fees for use and maintenance of a law library. The
fees, assessed in civil matters, are proposed at:

– $3.00 – a new fee for the construction of courthouse and court related
facilities (assessed in each civil action in district or circuit court in
which 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 statue or ordinance);
– $2.00 – Courthouse maintenance; and
– $4.00 – Law Library fee

Total fees would increase from $4.00 to $9.00 for each case.

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

– Piney River 3 – completion still possible by mid-July
– Cove Valley Collection Site Project (Faber) – Wiley and Wilson working
on preliminary design with site layout received. Closing on the property
pending signatory approval of the survey plat by the Trustees of CVRC
– Schuyler Collection Site – the site’s owner has submitted conditions
related to the county’s continued use of the property. After discussion,
Supervisors voted 5-0 to close the site following notice to the public and
the owner; provide cleanup of the site and restoration to its original
condition; provide testing to determine whether there are any contamination
issues; and to direct staff to schedule staff for as many hours as possible
for the Faber site during the development of the Cove Valley site.
– Rt. 29 Wayside (Woods Mill) – a portable toilet facility has been
installed on the site with annual costs projected at less than $1,500.

APPOINTMENTS –

Supervisors voted unanimously to reappoint the following persons:

Region Ten Community Services Board – Mr. Michael W. Kelley
Nelson County Economic Development Authority – Mr. Greg Kelly

CLASS III COMMUNICATION TOWER PERMIT – nTelos – Mr. Boger reported that
nTelos has applied to install a 122-foot metal communication tower on a 4.5
acre parcel located on the north side of Beech Grove Road and owned by Mr.
William C. Parrish. The application also includes a request for a Special
Exception to Section 20-7-2e of the Communication Tower Ordinance
prohibiting a tower within one air mile of the view shed of a Scenic Byway
(Rt. 151 and Beech Grove Road are Scenic Byways). With no Public Comment,
Supervisors voted 5-0 to approve the permit and grant the Special Exception
as requested.

AMENDMENT/SUBDIVISION ORDINANCE – With no Public Comment, Supervisors voted
5-0 to amend Section 4-4, Water and Sewer, Item D, Individual Septic
Systems, Subsection 3) Exceptions to the above provisions to eliminate the
wording, “approved by the Virginia Department of Health” so that the
exception now reads:

“A lot with an existing on-site septic system.”

Meeting continued until June 25th at 6:00pm for a work session with VDOT on
the Rt. 29 Corridor Study prior to the 7:30pm regular meeting.

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be reprinted or excerpted with attribution.

As always thank you to the great folks at Rural Nelson for sharing their minutes with us here at NCL!