Board of Supervisors : October 13, 2009


Tuesday, October 13, 2009

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

2010 LEGISLATIVE PROGRAM – Supervisors voted 5-0 to approve the 2010 program
as presented by Mr. David Blount.

VDOT REPORT – Supervisors voted 5-0 to adopt a resolution to hold a public
hearing following VDOT’s review to consider Rockfish River Road (Rt. 617)
from Rt. 29 to Schuyler as a Scenic Byway.

history and overview of the Authority noting 9,452 housing units in Nelson
with the Authority serving approximately 2,621 with public water or public
sewer (27%). Mr. Castillo reviewed each county system and the improvements
needed for each system in future years totaling $17,304,160. He then
reviewed the current annual debt service of $714,334 after the county’s
$162,818 funding for fire protection. Mr. Castillo said that the biggest
challenge is to provide a municipal service in a rural area. Mr. Hale noted
that the systems are not self-supporting. The Supervisors said that they
would review the information and stated that they are still very interested
in the Authority taking over the Piney River system.

COURTHOUSE PROJECT/UPDATE – Mr. David Thompson reported on the current
status of the work on the project and noted two areas that require Board

1. The jail renovations do not include providing insulation to provide
substantial cost savings from air conditioning and heating for the new
bathroom areas and
2. The new work will impact the Health Department Building with grade &
elevation changes along the new road and its curbing. The future status,
given some of the issues discovered during the current construction phase,
should be discussed to give clarification to the design team.

Mr. Thompson reported that the preparation of the lower parking lot is a
primary objective of Blair Construction and that once the lower parking lot
is opened the other parking areas will be closed. The public will access the
courthouse using only the front steps, located at the old Magistrate’s
Office, which will require that the existing front steps be kept open for
access and the renovations to those steps be made at a much later date,
after the new utilities & upper parking lots are completed.

Supervisors requested that Mr. Thompson walk them through some of the issues
with the Health Department Building already uncovered. They tabled further
discussion pending that inspection and in order to obtain additional
information from Wiley Wilson.

SCHOOL – Supervisors tabled discussion to review the proposed Conditions for

1. Sale price of $16,548 representing the County’s costs of repairs and
improvements, payable in installments.
2. Deed restrictions and reservations:
a. Right of reverter to the County if use of the property as a community
center and for recreational and athletic activities should cease;
b. Use by the County of the property for recreational and athletic
events provided such use is in keeping with the reasonable management and
scheduling procedures established by Rockfish Valley Community Center and
upon payment of the reasonable expenses associated with such use;
c. Right of the County to use the property for a polling place at no
cost to the
County; and
d. Right of the County to draw water from the well to be located on the
Rockfish Valley Community Center property together with an easement for
necessary pipes and for ingress and egress to maintain and repair, at the
option of the County, such pipes and the well.
3. Survey at Rockfish Valley Community Center’s expense establishing a
division line acceptable to the County and fixing the location of easements
of right of way suitable to both parties.

FY09-10 GENERAL FUND BUDGET – Ms. McCann reported on updated revenue/expense
numbers resulting in a $66,356 shortfall in the General Fund and a surplus
of $33,248 to the School Fund with enrollment at 1,920 and with the VRS
premium holiday. She noted that the School Fund estimate depends on final
enrollment numbers.

MEMORIAL POLICY/PROCEDURE – Supervisors voted 5-0 to adopt the proposed
policy to establish guidelines for naming county-owned facilities and

STREET IMPROVEMENTS/ARC OF THE PIEDMONT – Supervisors voted 5-0 to adopt a
resolution authorizing Arc of the Piedmont to repair and maintain Second
Street between the Stevens-Varnum House on Main Street and the Harker
property. The improvements would allow for safer parking and better access
for staff working with the physically-challenged clients of the Arc.

ARTISAN TRAIL PROJECT – Supervisors voted 5-0 to adopt a resolution
authorizing the County Administrator to seek grant funding from the Virginia
Department of Housing and Community Development and to enter into agreement
with the Artisans Center of Virginia to administer and complete a project to
study and develop a trail loop as a part of the statewide Artisans Center of
Virginia Artisan Trail Network.

applicants’ request until the Board’s November 10th meeting.

CONDITIONAL USE PERMIT/MR. PAUL CANGIALOSI – The applicant has applied for a
permit to operate a carry-out pizzeria at 917 Gladstone Road in Gladstone,
on property zoned Agricultural. Mr. Boger reported that the property is the
former post office building with an apartment upstairs and is served by
public water and sewer. He noted that the Planning Commission had
recommended approval with two conditions: 1) any signs on the building be
unlit and 2) operating hours are to be no later than 10:30pm. With no Public
Comment, Supervisors voted 5-0 to approve the permit deleting the first
condition recommended by the Planning Commission.

During discussion, Mr. Bruguiere said that the permit does not need added
restrictions. Ms. Brennan said that the restriction makes sense since it is
in a residential area. Mr. Johnson said that no one in that neighborhood is
complaining about a pizza place.

COUNTY PUBLIC SEWAGE DISPOSAL SYSTEMS – The proposed amendment would allow
single-family and one two-family detached dwelling unit on a single lot with
a minimum lot size of 30,000 sq ft when utilizing the Nelson County sewage
disposal system in A-1 and R-1 districts. Mr. Johnson asked why the sewage
system would be limited to the Nelson County system when a developer might
want to put in a private system. He said that that could allow for denser
development. Mr. Harvey noted that residential development does not pay for
itself in tax dollars and needs to be discouraged.

During Public Comment, Ms. Kim Cash, Montebello, said that the intent of the
amendment is to allow a landowner to utilize a smaller lot size in areas
already served by the Nelson system. She said that a developer who wants to
put in a denser development should be requesting a rezoning from the County
or a variance to the requirement from the Board of Zoning Appeals.

Further discussion tabled for review of the proposed amendment.

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

– Faber Collection Site Project – construction contract awarded to C. W.
White Construction Company of Appomattox with a bid of $406,316.14. Work was
scheduled to begin on October 12th.
– County Collection Service/Public Schools – the School Board has
authorized the county’s assumption of solid waste collection services with
termination of Waste Management’s services on January 1, 2010.
– Health Department relocation – three sites are under consideration 1)
Region Ten’s new office facility; 2) Annie Land Plaza space; and 3) the
former CVEC office building.

HEALTH DEPARTMENT BUILDING – Mr. Hale said that making a decision on the
future of the building would be premature without input from the architect.
He said that the Board does not have the cost estimates to demolish the
building. Mr. Harvey said that there is a lot of work going on that the
county does not want to have to tear out later. Mr. Bruguiere said that any
money put into that building is throwing good money after bad. Further
discussion was tabled for more information from Wiley Wilson.

Meeting adjourned.

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