BOARD OF SUPERVISORS
Tuesday, December 9, 2008

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

JABA COUNCIL ON AGING – Mr. Chuck Strauss, Nelson representative to the JABA
Advisory Council, reviewed the programs offered by JABA, noting the 1,347
Nelson individuals served in the past 12 months. He thanked the Board for
their support in the past and noted that expected decreased funding on all
levels will constitute a real challenge for JABA in the coming year.

FY08-09 BUDGET/NC HEALTH DEPARTMENT – Dr. Lilian Peake reported that the
state contribution to the Nelson County Health Department has been reduced
by $7,974 for this fiscal year, resulting in a reduction of the county’s
required match of $5,123. Noting their efforts to reduce their expenses,
Dr. Peake asked the Board to allow the Health Department to retain the
$5,123 in funding as budgeted in the current year. Supervisors agreed by
consensus to fund the full amount as budgeted.

SOLID WASTE & RECYCLING/WINTERGARDEN – At the Board’s request at the last
meeting, Ms. McSwain (Nelson County Solid Waste & Recycling Coordinator)
presented a report on the situation with the Wintergarden facilities. She
noted ongoing problems with the metal recycle can – specifically with
contamination of the materials. Ms. McSwain reported that a recent load was
taken to Nelson Recycling and dumped so an inventory of the contents could
be made. The metal recycle can contained 75% trash and only 25% metal
containers. She recommended removing the metal recycle can as the problems
have continued for years. After discussion, Ms. Brennan said that while she
is disappointed and hates to remove the can, the time has come to do so.
She noted that it costs the county too much money to leave it in place with
the ongoing contamination of the materials. Supervisors voted 5-0 to remove
the recycle can.

FABER/SCHUYLER SOLID WASTE COLLECTION SITE – Mr. Carter reported that a tax
bill has been sent to the Cove Valley Recreation Center in an amount equal
to the current taxes plus three previous years. After discussion,
Supervisors voted 5-0 to direct staff to advertise for a public hearing as
per the proper procedure for eminent domain action on property on Cove
Valley Road on which the county recently made an offer of purchase. Staff
was directed to schedule the public hearing for the January 22nd meeting.
Mr. Hale clarified that the Board has not made a decision to proceed with
eminent domain but is following the required procedures for that process
while considering the issue.

RESOLUTION OF INTENT/SMALL WIND ENERGY – Mr. Carter presented a draft
amendment to the Zoning Ordinance to add Article 22. Small Wind Energy
Ordinance to provide regulation to allow wind energy systems. The draft
would limit the maximum tower height to 100 feet, establish minimum
distances between blades and the ground and establish setback requirements
from dwellings and property lines. The proposed amendment would allow the
wind energy and micro wind systems by Conditional Use Permit in all Zoning
Districts.

Mr. Bruguiere said that everybody wants alternative energy but then they
want an ordinance to slow it down. Mr. Johnson agreed saying that the draft
ordinance is more restrictive than any of the model ordinances. Ms. Brennan
said that the county does want to encourage alternative energy but that the
related issues do need to be reviewed. Mr. Hale said that the language of
the amendment needs to be simple and easy to understand. Supervisors voted
3-2 (Mr. Bruguiere and Mr. Hale voting no) to adopt a resolution of intent
to review the Zoning Ordinance to address Small Wind Energy concerns and to
send the draft to the Planning Commission for review and recommendations.

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

– Courthouse Project – the project has been advertised for construction
bids, which are due on January 17th.
– Piney River 3 Project – completion projected by the end of March, 2009.
– Broadband Project – Mr. Carter noted that the final report on Phase 3 is
due January 21st. Mr. Johnson said that the ordinance to establish a
Broadband Authority needs to be in place so that the county is in a position
to move forward if funding is made available for the broadband. Mr. Hale
asked why the Economic Development Authority could not deal with broadband.
Mr. Carter suggested that the Service Authority could be utilized to deal
with broadband. Supervisors directed Mr. Carter to research the options and
prepare the necessary paperwork for their January 13th meeting.
– Mr. Gary Cody (Department of Parks & Recreation) has resigned effective
December 31st to take another position. Supervisors directed Mr. Carter to
put recruitment to fill that position on hold pending additional information
on the budget.

APPOINTMENTS – Supervisors voted 5-0 to reappoint Mr. Chuck Strauss and Ms.
Mary Lee Embrey to the JABA Council on Aging.

BOARD DIRECTIVES – Supervisors voted on the following:

– To increase the County Administrator’s salary to $105,000 and to move to
an annual review cycle for that position;
– To authorize Mr. Harvey (Chair) to sign a letter to the Commonwealth
Transportation Board supporting a revision to the Six Year Program of the
Department of Rail and Public Transportation to approve the $17 million
operating funds for passenger rail on the US29 and I-95 corridors.

With no business on the agenda, Supervisors cancelled the evening session
and adjourned the meeting.

Copyright 2000-2008 by Rural Nelson, Inc. All rights reserved.