Board Of Supervisors : Minutes – 3.8.11


March 8, 2011

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

FY11-12 BUDGET: Mr. Carter reported that the draft budget is almost complete. He said that staff will not be proposing a tax increase and will have the draft for the Board prior to the March 16th (1:00pm) Budget Work Session. Mr. Carter said that staff has identified some non-recurring funds available to the Supervisors, but that there is not a lot in recurring funds.

2011 REDISTRICTING: Mr. Phil Payne, County Attorney, reviewed the state law and deadlines related to redistricting. He recommended that the Supervisors most with speed to complete the redistricting – adjusting the five districts to equalize the population in each within 5%. Ms. Susan Rorrer presented three options, utilizing primarily streams and ridges to adjust districts. The West and East Districts need to add population; the Central and South need to give up population; and the North District is within the correct range. Supervisors worked in pairs with Ms. Rorrer to determine the most logical way to change the district boundary lines between them. (Note: Rural Nelson will post a draft of the new districts as soon as it is available.)

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

– Courthouse Project: New courts and public safety building turnover date is now May 1, 2011.
– Region 2000 Services Authority: Working toward a January 2012 startup of the Campbell County Regional Landfill.
– Nelson Memorial Library: HVAC system (the facility’s original system) is at the end of its life with approximately $7,000 needed in repairs with $50,000 in funding proposed in the FY12 budget to replace the entire system. Funding is, however, available in the FY11 budget and staff recommends Board approval to replace the entire system. Mr. Carter said that the estimated cost for replacement is closer to $30,000 – $35,000. Supervisors agreed by consensus to approve replacement in FY11 at up to $50,000.

Note: Mr. Hale absent for the evening session.

REZONING/MR. & MRS. TERRY PARKINS: The applicants have applied to rezone approximately 25.481 acres of land from Residential Planned Community (RPC) to Agricultural (A-1) in order to remove their property from the Wintergreen Master Plan. The property is located at the intersection of Stonegate Lane and Rockfish Valley Highway. The property has not been subject to Wintergreen Covenants and Restrictions and WPOA is not required to provide services to the project. The applicants want to be able to keep horses on the property, which is not allowed under the RPC zoning. In February, 2011, the Planning Commission voted to recommend approval of the requested rezoning effective on submission of a revised Master Plan and signed by the Chairman of the Board of Supervisors.

With no public comment, Supervisors voted 4-0 to approve the rezoning without a requirement for the submission of a revised Master Plan. Ms. Brennan said that she is still unsure what happens if the Master Plan is not amended first. Mr. Harvey said that it is not the applicants’ problem.

During Public Comment, Ms. Mary Coy, representing the Nelson Library thanked Supervisors for their financial support during the year. She asked that the Supervisors remember during the upcoming budget review that the library is much more than just a place to get reading materials. Ms. Coy said that it is so much more for education and business and a place for those without to use computers. She asked that the Board consider the Library’s funding request to help them stay open as much as possible.

Ms. Kim Cash, Montebello, said that she fully supports broadband, recognizing the need to enable home businesses and entrepreneurs and to allow existing businesses to expand. She asked why, though, select for-profit providers are being allowed to bypass the communication tower ordinance. Ms. Cash said that it would benefit the public and other providers to know which parts of the ordinance the county is enforcing and which parts the county is ignoring. She said that a tower of any size that relays a signal is a communication tower and subject to the county’s ordinance and suggested that if the Supervisors wish it to be otherwise, the ordinance should be amended to allow all providers the same advantages.

Mr. Carter said that the staff is prepared to enforce the ordinance but would follow the Board’s wishes. Mr. Johnson said that he would not enforce the ordinance and could easily get three votes to remove the entire Communication Tower Ordinance. He said that he has been waiting three years for it to be revised and would not force a provider to pay a permit fee to provide broadband. Ms. Brennan said that the issue is not whether we want broadband but that we provide a level playing field. She said that she would work with Mr. Johnson to draft some language to consider for the ordinance revision.

Meeting continued until Wednesday, March 16th at 1:00pm at the Courthouse for a budget work session.

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