Board Of Supervisors : Minutes 11.10.11

November 2011 Cover

Thursday, November 10, 2011

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

VDOT REPORT: Mr. Don Austin reported that the crosswalk in front of the courthouse steps will be removed and painted next year. Ms. Brennan asked about putting a sidewalk along the rock wall in front of the courthouse to allow pedestrians to walk on a sidewalk instead of in the road. Mr. Austin said that VDOT has no funds for that but suggested that the county apply for pedestrian safety funds. Mr. Carter said that Blair could price the sidewalk as a change order. Supervisors directed staff to work with VDOT to determine the best way to provide a sidewalk for safety.

JAUNT REPORT: Ms. Donna Shaunessey reported that Nelson ridership increased 16% in the County. She reported that the Transit Development plan suggests: modifying the Roseland Commuter route to Charlottesville to cover the new Martha Jefferson Hospital and adding another day of midday service. Ms. Shaunessey reported that JAUNT is working toward a bus shelter at Blue Ridge Medical Center.

2012 TJPD LEGISLATIVE PROGRAM: Mr. David C. Blount, Legislative Liaison, presented the draft Legislative Program which includes the following priorities –

1) Secondary Road Devolution – strong opposition to any legislation that would transfer responsibility to counties for construction, maintenance or operation of current or new secondary roads.

2) State/Local Funding & Revenues – encourages state to honor their funding obligations to localities; resist shifting costs for state programs to localities; and not further restrict local revenue authority.

3) Public Education Funding – urges legislature to fully fund the state’s share of the realistic costs of the Standards of Quality.

4) Chesapeake Bay TMDL – requests major and reliable forms of financial and technical assistance from the federal and state governments if water quality improvement strategies are to be effective.

5) Transportation Funding – urges the state to establish separate, dedicated and permanent state revenue streams to expand and maintain transportation infrastructure.

6) Land Use and Growth Management – encourages the state to provide local governments with additional tools to manage growth without preempting or circumventing existing authorities.

7) Comprehensive Services Act – urges the state to be partners in containing costs of the CSA and to better balance CSA responsibilities between state and local government.

The program also includes items related to Economic and Workforce Development; Environmental Quality; Health and Human Services; Housing; Public Safety; and Local Government Structure and Laws. Supervisors voted 5-0 to approve a resolution of adoption.

PURCHASING PROCEDURES AND POLICIES: Staff reviewed the draft policy manual governing the county’s purchasing policies. Supervisors voted 4-0 (Mr. Harvey absent for this vote) to approve the draft manual and they voted 4-0 (Mr. Harvey absent for this vote) to advertise the procedures for public hearing to amend the code.

VIRGINIA DEPARTMENT OF HEALTH RELOCATION TO BLUE RIDGE MEDICAL CENTER: Mr. Carter presented a resolution authorizing Daggett and Griggs to provide Architectural and Engineering services for the completion of space at BRMC for use by the Health Department. Daggett and Griggs is the firm that designed BRMC. Supervisors voted 5-0 to adopt the resolution.

VIRGINIA DEPARTMENT OF HEALTH FY11 BUDGET RECONCILIATION & REQUEST TO RETAIN CARRY OVER FUNDS: Supervisors voted unanimously to allow the local Health Department to retain $1,880 in funds from the FY11 budget.

VA OFFICE OF ANIMAL CARE AND HEALTH POLICY/NOTICE OF VIOLATION AND PENALTY: Mr. Carter reported that the Office of the State Vet has notified the county of several violations of animal control laws –

1) An officer attempted to treat a canine and then euthanized it without the required holding period.

2) Supervisor Uttero has not attended the required state training program.

3) Animal Control officers have not completed the required euthanization certification programs which consist of a training session, work with the local vet to determine competency, and having the local vet establish local protocols.

The state has cited the county for parts 2 & 3 of Item #3, thereby euthanizing 152 animals illegally. Mr. Carter noted that the state has levied a $500 fine, required the officers to be properly certified, submit to unannounced inspections and establish an official protocol for euthanizing animals. He noted that Violation #1 did not happen as the animal in question was critically injured and was euthanized; Violation #2 did not happen as Mr. Uttero is a Supervisor and not an Animal Control Officer. Animal Control officers were trained by the state but had not yet completed parts 2 & 3 of Violation #3.

Supervisors voted unanimously to accept the conditions of the consent order as presented by county staff.

BROADBAND PROJECT: Mr. Carter reported that the Planning Commission made a recommendation on the proposed Martin’s Store tower but received opposition to the American Fibers tower. He noted that there is expense involved in relocating the tower. Mr. Carter recommended letting the tower application run its course with or without the recommendation of the Planning Commission, then if the Board of Supervisors does not approve the tower, the expense of examining other locations can be incurred at that point. Supervisors voted unanimously to file two applications – one for Parcel 43A106 (adjacent to the original parcel and zoned Heavy Industrial) and one for the Rockfish Valley Fire Department property.

2012 REASSESSMENT TIMELINE/BOARD OF EQUALIZATION: Mr. Harvey recommended that the BOE from the last reassessment had done a great job if they are willing to serve again. According to the timeline, reassessment notices will be mailed out December 2nd with assessor hearings to be held December 5-16. The Board of Equalization would hold their hearings Mary and April, 2012. Supervisors voted unanimously to adopt a resolution to hold a public hearing on the deadlines for appeal of reassessment.

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

– Courthouse Project – General District and J&DR Courts are scheduled to relocate on October 21st if the new entrance to the Courthouse has been completed.

– PSCIC/Radio Communications/Microwave Project – Work has begun on installation of the tower at Devils Knob with all work to be completed prior to the end of 2011.

– Blue Ridge Tunnel – A TEP grant application was submitted to VDOT at the end of October.

– Nelson County Public Schools – The window replacement/repair projects at TRES and RRES are substantially complete with a minimum amount of trim work to be installed and completed by December 25th.

– Personnel – Mr. Tim Padalino has accepted the position of Planner and will begin work on November 14th.

APPOINTMENTS: Supervisors voted unanimously appointed Mr. Jerome H. Gress to the NC Economic Development Authority. Supervisors voted unanimously to recommend reappointment of Mr. Goffrey Miles to the Board of Zoning Appeals.

SPECIAL USE PERMIT/WILLIE PARRISH: The applicant has applied for a permit to place a second mobile home on property located at 1885 Cub Creek Road, Roseland, consisting of 12.59 acres and zoned Agricultural A-1. A permit is required because there is an existing manufactured home on the property and the second one will constitute a mobile home park. The existing manufactured home is used as a weekend retreat and the new mobile home will be used in the same manner. The applicant has stated that the old house on the property will be removed. Mr. Boger reported that the Planning Commission recommended approval of the permit with the condition that the removal of the existing house must be within one year of the placement of the second mobile home.

With no public comment, Supervisors unanimously approved the permit with the condition that the existing house be removed within one year.

CLASS III COMMUNICATION TOWER/COUNTY OF NELSON: The applicant has applied to construct a 144-foot tall tower with one microwave dish on property located at 5519 Rockfish Valley Highway, owned by Central Virginia Electric Cooperative (CVEC) and known as Martin’s Store Substation. The application includes requested exceptions to 20-7-3 Proximity to an Existing Tower; 20-7-2e View shed of a designated Scenic Byway; and 20-8-1 Standards of Height and the application notes that the existing 85-foot tower will be removed from the site. Mr. Boger reported that the Planning Commission recommended approval of the permit contingent on approval of a final E&S plan.

During Public Comment, Janet Lychock, Afton, objected to the tower noting concerns that it is too tall and two smaller towers could be used. She said that the application includes four waivers and she isn’t sure what the microwave dish would look like. Ms. Lychock said that there are concerns about the aesthetics of the area, noting that a bad situation at Martin’s Store should not be made worse. She noted health and wildlife concerns and said that she wouldn’t be a bit surprised to see even taller towers in the future.

Ms. Judy Barnes, Lovingston, asked why there had to be such a high tower when two shorter ones could be used. She said that there is a lot of helicopter and air traffic over that tower.

Following the Public Hearing, Supervisors voted 4-1 (Mr. Hale voting no) to approve the tower with the exceptions and the contingency included in the Planning Commission recommendation. Ms. Brennan said that she is sorry that this tower has to be in the scenic byway. Mr. Hale said that he has never liked the towers.

OTHER BUSINESS: Mr. Johnson then gave his proposal/recommendation for providers for the Broadband Project. He suggested that the county manage the system, hiring at least one part-time person and that nTelos and Shen-Tel serve as providers. No action was taken.

Meeting adjourned.

Copyright 2000-2011 by Rural Nelson, Inc. All rights reserved. Reports may be reprinted or excerpted with attribution.


  1. Hi.

    Is it possible to publish/post the latest info on the latest status of “real” broadband in Nelson County?

    Is there a timeline or ETA on when we might see this working?
    This seems like a big story…… especially if you’re like me and BPL is the only option.



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