Board of Supervisors 08.12.08


Tuesday, August 12, 2008

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

REGIONAL LEGISLATIVE PROGRAM – Mr. David Blount, Legislative Liaison with
Thomas Jefferson Planning District Commission, reported that he hopes to
have a draft program to the localities in September and asked for Board
input on priorities. He said that transportation, impact fees and proffers,
Comprehensive Services Act and state and local revenue issues will again be
priorities. Mr. Bruguiere said that the county would like to see education
funding, reduced after adjustments to the composite index, restored. Mr.
Blount said that he would look at options to addressing that issue with

VDOT REPORT – Mr. Kevin Wright reported that funding is now in place to
begin the design work on turn lanes for the Rt. 151/635 (Greenfield Road)
intersection. He noted that the design work could take two years or more

AFFORDABLE HOUSING – Mr. George Krieger, Nelson County Community Development
Foundation, reported that Thomas Jefferson Planning District Commission is
sponsoring an ongoing conference on regional affordable housing to identify
the issues and goals. He noted that there will be a follow-up event in
October at which each locality will review what they are already doing and
identify at least one new affordable housing initiative they will be
pursuing. After reviewing what Nelson County is already doing, Mr. Krieger
presented a list of six new potential initiatives including financial
support for several programs that help qualified families work toward home
ownership, waiving certain fees for affordable housing projects and use of
enabling legislation to waive certain taxes related to affordable housing
projects. Mr. Krieger, noting that he would attend the Board’s September
meeting to follow up, offered to provide more information on any of the
proposed initiatives.

FABER/SCHUYLER COLLECTION SITE – Mr. Harvey reported that the county has
made an offer to purchase property on Rt. 6 East and Bunny Lane in Faber.
Mr. Carter noted that the owner of that property does not want to sell to
the county however. Mr. Harvey said that members of the Board have met with
adjoining landowners on Rt. 6 to discuss their objections to the collection
site being built on the Bunny Lane property. He reported that Board members
have also met with representatives from the Cove Valley Recreational Center.
He said that not all members of CVRC were present but 11 people voted 8-3
to try to work out a proposal for the county’s purchase of that site for a
convenience center. Mr. Harvey said that a surveyor has looked at the site
and that, while it is not the best site, it could work for the convenience

Mr. Harvey suggested that two Board members work with the CVRC members to
see if the details could be worked out on that site within the next two
weeks. He also suggested that county representatives try to meet with the
owner of the Rt. 6/Bunny Lane property. He said that he would hate to use
the condemnation process, but would not hesitate to do so in this case.
(NOTE: Proceedings to take land under eminent domain are commonly referred
to as condemnation proceedings. Eminent domain is the power the state has
to take land for a public use and the owner of the property is typically
entitled to a reasonable compensation, usually defined as fair market
value.) Mr. Harvey noted that the property was on the market for sale and
the county offered the asking price for the property.

Mr. Hale asked where the county is in the contract process. Mr. Wood, the
seller’s real estate agent, said that the county is under no legal
obligation to purchase the property unless the owner signs and returns the
contract. He noted that his client has said that she will not sign the
contract, thereby rejecting the offer. Mr. Wood noted that the county can
also withdraw its offer.

Mr. Hale said that he has tried to work with the Cove Valley organization
for a long time. He said that some members are resistant and some have
total inertia. He said that the county is reaching the point, with either
property, that it will have to think seriously about eminent domain. He
said that he would be reluctant to do so, but it may have to be done. Mr.
Hale said that he would prefer the Cove Valley property as it is not being
utilized and has not been used for years.

Ms. Brennan said that she attending the Cove Valley meeting and felt that
the group does like their park but members are not cohesive. She noted that
she and Mr. Hale would be doing a town hall meeting on August 19th at 7pm at
the Faber Rescue Squad Building to get public input on this and other
issues. Ms. Brennan said that she does not want to close the door on the
possibility of another collection site in the Faber/Schuyler area but that
it would have to be suggested and looked at in the very near future. Mr.
Johnson agreed that the county should take action within the next two weeks.

Mr. Harvey said that the Bunny Lane neighbors should realize that the county
has a sum of money to spend on this site and would prefer to spend it on
development of the site rather than on legal fees. Mr. Wood said that he
would talk to his client again to advise her that the county is going to
pursue the issue. Mr. Bruguiere said that the time to do something is now.
He noted that the property is for sale and the county made a good faith
offer. He said that the Bunny Lane property is 6 acres and the county can
certainly conceal a convenience center on that much land. Supervisors voted
5-0 to appoint Mr. Hale and Mr. Harvey to work with owners of both
properties over the next two weeks to try to reach an agreement.

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

– Courthouse Project – Wiley and Wilson has submitted 90% complete final
design drawings to the county for review and comment. Updated cost
estimates, based on the 90% final design drawings are due this week.
Closing has been completed on land adjacent to the courthouse and the
relocation of the cottage structure located on that property will be
completed as a part of the overall courthouse construction project.
Davenport and Company is preparing a proposed financial strategy for the
project and both Wiley and Wilson and Davenport and Company plan to present
their information at the August 28th Board meeting.
– Collection Centers Project – The County assumed full operational
responsibility for the system on August 4th. Work is in process to complete
final equipment installations at the four un-staffed convenience centers
(Gladstone, Montebello, Blackrock and Wintergarden).
– Solid Waste – Staff will meet this month with DEQ staff to discuss
implementation of a glass re-use program wherein glass will be collected by
the county to be used as a fill material. Staff will also talk confer with
DEQ staff and Region 2000 Services Authority personnel on initiation of a
wood waste collection service at the county’s transfer station.

APPOINTMENTS – Supervisors voted 5-0 to make the following appointments:

– Nelson County Library Advisory Committee – Ms. Jane H. Strauss (Central
District) and Ms. Janet Ngai (West District).
– Nelson County Welfare Board – Ms. Pauline Page (East District)

REZONING/MS. LINDA CATALANO – Mr. Boger reported that the applicant has
requested a rezoning of approximately 33.427 acres from Industrial (M-2) to
Agricultural (A-1) located at 10363 James River Road in Shipman for the
purpose of obtaining a loan for refinancing the property. He noted that the
applicant has requested a deferment of her request until September to allow
her time to explore other options for the property. Because the rezoning
request had been advertised for public hearing, Supervisors opened the
public hearing and received no comment. Supervisors then agreed to defer
the issue and took no action.

AMENDMENT TO SPECIAL USE PERMIT/AT&T – The permit, issued in 1996, allowed
Alltel to construct a 170-foot communications tower on property owned by
Robert and Claudia Brush at 21257 Thomas Nelson Highway, Faber. AT&T has
now requested that the permit be amended to allow them to co-locate antennas
and equipment at 120.6 feet on the tower. With no public comment,
Supervisors voted 5-0 to amend the permit as requested.

SYSTEMS – Mr. Boger presented the Planning Commission’s recommended
amendments. Mr. Massie Saunders and Mr. Steve Thomas presented various
scenarios demonstrating why soils work should be done on all lots at the
time of division. Mr. Hale questioned why Family Subdivisions should be
exempt from soils work. Mr. Harvey noted that some of the most messed up
lots in the county were done as family subdivisions. Mr. Bruguiere said
that the “average Joe” should not have to bear the expense of soils work to
divide off a few parcels when there is no intent to develop the land. Mr.
Johnson said that the question is whether the soils work should be done at
the point of sale or the point of building. Supervisors agreed that Mr.
Hale would work with Mr. Boger on the draft to be brought back to the
Supervisors at the August 28th meeting.

PUBLIC COMMENT – MS. JACKIE MASSIE, Faber, said that she does not want the
collection site on Bunny Lane in Faber. She said it makes no sense to put a
dumpster on the road through one of the prettiest areas of the county. MR.
BRUCE VLK, adjoining landowner, said that he is opposed to the collection
site being located on Bunny Lane, noting that that is a residential and
agricultural land and not appropriate for a dumpster site. He cited
potential problems with traffic, lights, vermin, etc. Mr. BYRON MASSIE said
that the Cove Valley Recreational Center site would be a better site for the
collection center. He asked what the county would do with the rest of the
six-acre parcel if they used the Bunny Lane site. Mr. Harvey said that the
county has no plans for the rest of the site and it would be maintained as

Meeting adjourned.

Copyright 2000-2008 by Rural Nelson, Inc. All rights reserved. Reports may
be reprinted or excerpted with attribution.


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