BOARD OF SUPERVISORS
Tuesday, January 13, 2009

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

REORGANIZATION OF BOARD – Supervisors voted unanimously to elect Mr. Hale
Chair and Ms. Brennan Vice-Chair for 2009. Mr. Tommy Bruguiere will
continue as liaison to the Planning Commission and Mr. Fred Boger will serve
as Zoning Administrator.

VDOT REPORT – Mr. Kevin Wright reported that planning continues for Rt. 661
(dead-end section of Phoenix Road) as a Rural Rustic Road project; design
work is moving forward on a left turn lane for Rt. 6/634 (Old Roberts
Mountain Road); and design work has begun on Rt. 151/635 intersection.

BUDGET OVERVIEW/REVENUES – Ms. Debbie McCann presented a comparison of the
local, state and federal revenues as budgeted for FY09 and revised
projections for FY09 and FY10. She noted a projected shortfall of $258,269
in local revenues for FY09; a projected shortfall of $96,064 in state
revenues; and projected increase in federal revenues of $40,837 for a total
shortfall in projected FY09 revenues of $307,793. Ms. McCann reported that
staff would next examine expenditure projections and report to the Board.

BOARD GOALS AND OBJECTIVES – Supervisors agreed to review a list of 23
identified goals and objectives (including solid waste issues; broadband
project; reviews of various departments; establishment of various processes;
etc) in order to identify their top priorities for the next six months.

PROPOSED ZONING AMENDMENT – Supervisors voted 5-0 to extend the deadline for
action by the Planning Commission on amendments to the Zoning and
Subdivision Ordinances (Family Divisions) to February 25, 2009 rather than
February 11, 2009.

FEDERAL ECONOMIC STIMULUS PROGRAM – Supervisors reviewed a draft letter to
Governor Kaine listing projects of substantial importance to Nelson County
which may be eligible for funding through a federal economic stimulus
program, if such funding becomes a reality. The list gave an overview of
various projects, including the courthouse/judicial center project;
broadband project; school capital improvements; water and wastewater
infrastructure; and transportation. Ms. Brennan suggested adding the number
of people who would be employed with each project. After review,
Supervisors voted 5-0 to direct staff to finalize the letter and forward to
the appropriate state and federal agencies for possible funding.

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

– Courthouse Project – bids due tomorrow (January 14th) with a
recommendation for project award due to the Board on January 22nd;
– Hightop Tower Project – lease negotiations with the five groups that
will utilize the tower are in process (County, State Police, CVEC and two
public radio/television operations) – final approval pending from the Nature
Conservancy for a long-term lease;
– Biosolids (Local Monitoring Program) – P. Brechlin with the Building
Inspections Office will serve as the primary local monitor, supported by Mr.
Bolt and Mr. Thompson.

APPOINTMENTS – Supervisors voted unanimously to appoint Mr. Clifford Savell
to the Nelson County Social Services Board.

REZONING/TOMMY AND DIANE HARVEY – The applicants have applied to rezoning
2.732 acres from Residential (R-1) to Agricultural (A-1). The property is
located at 250/272 Tanbark Road in Afton. The purpose of the rezoning is to
permit the applicants to apply for a Conditional Use Permit to develop the
property for offices, professional and services. Mr. Harvey presented and
read a written statement noting his interest in the property and abstaining
from discussion or vote on this issue and on the Conditional Use Permit
related to this property. Mr. Boger reported that VDOT has looked at the
site and believes an entrance can be installed to comply with state
standards and a soil consultant has evaluated the soils on the site and
determined that they are appropriate for the use of the property. Mr. Jim
Gates, a partner in this project, reported that Martha Jefferson has
submitted a letter of intent for 3,500 of the proposed 5,000 sq ft of office
space.

During Public Comment, Mr. John Pugh whose property adjoins the Harvey’s
property on two sides, said that the medical center is needed in the
community and would be an asset to the county. Supervisors voted 4-0 to
approve the rezoning.

CONDITIONAL USE PERMIT/TOMMY AND DIANE HARVEY – The applicants have applied
for a permit to develop the property listed above for offices, professional
and services. Mr. Boger reported on VDOT’s site visit and the soils work as
noted above and noted that the applicant will have to go before the Planning
Commission for site plan approval for any proposed facility.

During Public Comment, Ms. Shelby Ralston (North District) said that she had
asked the Supervisors to postpone a decision until Martha Jefferson looked
at another property. She said that they have looked at the Advancing Native
Missions property but said that they were not interested in purchasing the
property as long as Mr. Harvey’s plan was available. Ms. Ralston said that
the Board should consider that there is another option for having a new
medical center in the county, besides Mr. Harvey’s property.

Mr. Curtis Bruguiere, Avon Road, said that the medical center will have an
entrance off Tanbark Road, which is a small road with a church, creating a
traffic hazard. He said that the medical center will put more traffic on
Avon Road, which has a lot of children along the road. Mr. Bruguiere said
that the office will be speculative and there will be traffic problems at
that intersection. He said that cutting the bank back on Rt. 151 to
increase sight distance will kill the trees as the roots will be
compromised. Mr. Bruguiere said that the business does not fit the
Comprehensive Plan and will change the area from residential to business.
He said that it will allow other surrounding properties to be developed for
business and that there are other areas along Rt. 151 already zoned for
business.

Mr. John Pugh said that in his 45 years there, he had never seen a wreck on
Tanbark and that cutting back the bank on Rt. 151 will help at that
intersection. He said there is traffic – all along Rt. 151 – and that you
cannot stop progress in the county.

Ms. Brennan said that she would still prefer to see the building in the
front (along Rt. 151) and the parking behind the building but otherwise had
no issues with the project. Mr. Bruguiere asked Mr. Gates whether VDOT had
indicated they would require a turn lane. Mr. Gates said that a standard
commercial entrance would be required but not a turn lane.

Supervisors voted 4-0 to approve the Conditional Use Permit.

REZONING/JOHN AND PATRICIA PUGH – The applicants have applied to rezone all
of their property, presently zoned Residential (R-1) and Agricultural (A-1)
to Agricultural. The property is approximately 9.11 acres and located at
210 Tanbark Road in Afton. Mr. Pugh, owner, said that he always thought his
property was zoned agricultural and that that has been the use (pasture and
hay) for over 100 years. With no Public Comment, Supervisors voted 5-0 to
approve the rezoning.

ZONING ORDINANCE AMENDMENT/DEFINITION/WOOD YARD – With no Public Comment,
Supervisors voted 5-0 to amend the ordinance to add Section 2-92a, “Wood
yard: A parcel of land, or portion thereof, used for the commercial storing
and marketing of logs.”

Meeting continued until 6:30pm on Thursday, January 22nd for a work session
on Board Goals and Objectives.

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