Board of Supervisors: January 10, 2006

January 10, 2006

January 10, 2006

Virginia:

AT A CONTINUED MEETING of the Nelson County Board of Supervisors at 1:00 P. M. in the Board of Supervisors Meeting Room located in the Nelson County Courthouse.

Present:   Harry S. Harris, South District Supervisor
       Constance Brennan, Central District Supervisor
       Thomas H. Bruguiere, Jr., West District Supervisor
       Thomas D. Harvey, North District Supervisor
       Allen M. Hale, East District Supervisor
       Stephen A. Carter, Clerk
       Betty M. Fortune, Planning Secretary

Absent:     Virgie A. Carter, Deputy Clerk

I.   Call to Order

Mr. Harris, Vice Chair, called the meeting to order and greeted members of the Nelson County Historical Society who had requested a meeting with the Board of Supervisors.

II.   Courthouse/Government Center Project: Meeting with Nelson County Historical Society

Marjorie Eggleston, representing the Historical Society, expressed appreciation to the Board for their involvement with the courthouse renovation project. The Society urges the evaluation of all buildings before any destruction takes place. Of special concern is the Jefferson Building. The County’s 200th anniversary occurs in 2007 and this should be considered in the timeline for any destruction of County buildings.

Robert “Bob” Self of the Association for the Preservation of Virginia Antiquities spoke of the history and survival of the County jail and reported that the original construction plans have been found, along with fourteen letters between Messrs. Cabell and Jefferson regarding the construction. Rather than destroy this historic building, another location for the County administration buildings would be preferable. In addition, the County Health Department is very valuable for preservation.

Russell Reid, Chairperson of the Historical Society, stated that the Society is a resource to the County and wishes to partner with the BOS in preserving important structures in the County.

Paul Saunders reiterated the importance of preserving the County’s historic buildings, with special emphasis on the Jefferson Building. He urges the County to try to find more land so that preservation of these buildings can be accomplished.

Cliff Wood said that 19 acres located behind the site of the previous Social Services building may still be available and that access to it would not be difficult.
January 10, 2006

Carla Murray is a researcher who urges the County to preserve the historic buildings and noted that several others between Colleen and Lovingston that should have been preserved years ago are gone now.

Bob Carter said that the Courthouse is the most important building to be preserved and the Jefferson Building is next. He feels the new construction should be done in such a way that there will be minimum impact on historic buildings. If the County accepts the loan from USDA Rural Development, framework will be established for the County to address the preservation of these buildings. He is willing to work with the County to answer questions and provide needed resources. USDA RD will meet with the County before any final plan begins to avoid destruction of something that shouldn’t be.

Mr. Hale and Mrs. Brennan expressed thanks to the Society for their support. Mr. Bruguiere said that all avenues will be explored and that he agrees that the Courthouse and Jefferson Building should be preserved, but the Health Department building and brick jail removed since they have no historical significance. Mr. Harvey agreed with the preservation of the Courthouse and Jefferson Building and is willing to look more closely at the other two buildings being considered. Mr. Harris feels all four buildings are significant and is encouraged about the possibility of additional land being available.

III.   Schuyler Historic District Project: D.H.R. Report (Mr. Bob Carter, Assoc. Director)

A camera recording has been made of Schuyler’s historic buildings. A public meeting was held and a survey distributed to approximately 150 residences and businesses. There will be another meeting in early April to report results of the survey and answer questions. If there is agreement, a meeting will be scheduled for inclusion in the registry. Mr. Carter thanked the Nelson County staff for their support.

IV.   Other Matters

There were no other matters to discuss.

V.   Adjournment

On a motion by Mrs. Brennan, seconded by Mr. Harvey, the Supervisors voted unanimously by roll call to adjourn the meeting until the 2:00 P. M. session in the BOS Meeting Room located in the Nelson County Courthouse.

   BE IT RESOLVED, That the Nelson County Board of Supervisors does    hereby adjourn the January 10, 2006 meeting.

____________________, Chair

January 10, 2006

Virginia:

AT A REGULAR MEETING of the Nelson County Board of Supervisors at 2:00 P. M. in the Board of Supervisors Meeting Room located in the Nelson County Courthouse.

Present   :   Harry S. Harris, South District Supervisor
       Constance Brennan, Central District Supervisor
       Thomas H. Bruguiere, Jr., West District Supervisor
       Thomas D. Harvey, North District Supervisor
       Allen M. Hale, East District Supervisor
       Stephen A. Carter, Clerk
       Betty M. Fortune, Planning Secretary

Absent:     Virgie A. Carter, Deputy Clerk

I.   Call Meeting to Order

Mr. Harris, Vice Chairman, called the meeting to order at 2:10 P. M. with five members present to establish a quorum.
A.   Moment of Silence
B.   Pledge of Allegiance to the United States Flag

II.   Reorganization of the Board

Mr. Harris welcomed Mr. Allen M. Hale, East District Supervisor, to the Board. Mr. Carter presided over the annual reorganization meeting to appoint a Chairman and Vice-Chairman. Ms. Brennan nominated Mr. Harry Harris as Chairman and Mr. Bruguiere provided the second. With no further nominations from the floor, nominations were closed and the Board voted unanimously, by roll call, to appoint Mr. Harris as Chairman. Mr. Harvey nominated Mr. Thomas Bruguiere as Vice-Chairman and Ms. Brennan provided the second. With no further nominations from the floor, nominations were closed and the Board voted unanimously, by roll call, to appoint Mr. Bruguiere as Vice-Chairman. Little Robert’s Rules of Order Newly Revised will be observed at meetings. Appointments for the Calendar Year 2006, Area VI Local Workforce Investment Board, changed from BOS Chairman to Constance Brennan.

Ms. Brennan made a motion to accept the resolution of reorganization as discussed, with the following changes: Little Robert’s Rules of Order Newly Revised will replace Robert’s Rules of Order, and replacing the Area VI Local Workforce Investment Board representative from Board Chairman to Ms. Brennan. Motion was seconded by Mr. Hale, and Supervisors voted unanimously by roll call to adopt the following resolution:

January 10, 2006

RESOLUTION
ANNUAL MEETING – NELSON COUNTY BOARD OF SUPERVISORS
JANUARY 10, 2006

WHEREAS, Pursuant to the applicable provisions of Title 15.2 of the Code of VA and Chapter 2, Article 2 of the Code of the County of Nelson, VA, the Nelson County Board of Supervisors conducts an annual organizational meeting at the Board’s first meeting in January of each year; and

WHEREAS, Matters to be determined by the Board of Supervisors, in addition to the appointment of a Chairman and Vice-Chairman, include the establishment of a schedule of regular and, as applicable, special meetings, the establishment of rules of order, the establishment of (a) meeting agenda(s), and the establishment of Board appointments, including a Clerk and Deputy Clerk to the Board of Supervisors, a Zoning Administrator, and a Hazardous Materials Coordinator:

NOW, THEREFORE, BE IT RESOLVED, By the Nelson County Board of Supervisors as follows:

Regular meetings of the Board of Supervisors shall be conducted during Calendar Year 2006 in the Board Room located in the Nelson County Courthouse in Lovingston, VA, on the second Tuesday of each month, beginning at 2:00 P. M., and reconvening thereafter at 7:30 P. M.

Special meetings of the Board of Supervisors may be convened from time to time, as determined by the Board of Supervisors in accordance with the applicable provisions of the Code of VA and the Code of the County of Nelson, VA.

In accordance with the Code of the County of Nelson, VA, Little Robert’s Rules of Order Newly Revised, shall be observed as the rules for conducting the business of the Board of Supervisors, and the agenda for all meetings of the Board of Supervisors shall be established by the Clerk of the Board in consultation with the Chairman.

Board of Supervisor appointments for Calendar Year 2006 shall be as follows:
Nelson County Planning Commission:           Thomas H. Bruguiere, Jr.
Thomas Jefferson Planning District Commission:       Constance Brennan
Highway Safety Committee:                   Harry S. Harris
Director of Emergency Services:               Thomas D. Harvey
Area VI Local Workforce Investment Board:       Constance Brennan
Clerk to the Nelson County Board of Supervisors:       Stephen A. Carter
Deputy Clerk to the Nelson County Board of Supervisors:   Virgie A. Carter
Zoning Administrator:                   Fred M. Boger
Hazardous Materials Coordinator:               Raymond M. Uttaro

January 10, 2006

III.   Consent Agenda:

On a motion by Mr. Bruguiere, seconded by Ms. Brennan, the Supervisors voted unanimously by roll call to adopt the following resolution:

   BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby    approve the Consent Agenda as follows:

A.   Refunds:

Phillip D. Payne, IV, County Attorney, has consented to the request from GMAC for a $380.24 personal property tax refund which represents 2004 taxes erroneously paid on lease vehicles that were sold within the taxing year.

Minutes from the previous meeting have been delayed due to illness of the Deputy Clerk.

IV.   Public Comments and Presentations:

a.   Public Comments

Mr. Randy Vaughan of Wiley Wilson has walked over the 19 acre site referred to early in conjunction with the Courthouse project. His initial reaction is that it is very steep and would be difficult, though not impossible, to develop. Mr. Hale agreed. The tract is for sale at this time. Mr. Harris would like to see a schematic of buildings as they would fit on the 19 acre parcel. Ms. Brennan said that the original schematic looked at property adjoining the Health Department building. Mr. Hale said he would be glad to contact the owner of the 19 acres and Supervisors gave him that authorization. Mr. Carter will provide contact information. Mr. Vaughan said he could provide additional schematics within the next few months for approximately $5000.00.

   B. VDOT Report - There was no VDOT report.

V.   Unfinished Business:

   A. Agreement (Draft), Paid EMS Program

Mr. Curtis Sheets, Director of Public Safety, WPOA, was sent an outline of the agreement and Mr. Payne, County Attorney, met with Staff. Some suggestions were made and document was reworked. The first draft has been returned and reviewed by the committee on January 6. The items needing attention are:

January 10, 2006

1. Page 4 – Section 3.5 – Revenue Recovery - “Inasmuch as the membership fees of the WPOA finance WPOA F & R, no charge will be levied for calls to assist WPOA members or their families within the Wintergreen Development as defined on the most current Wintergreen Master Plan.”   This could be understood to mean anyone going through the area, including guests of residents, etc. Revenue recovery anticipates that
   everyone gets billed. The intent is that the new staff would be WPOA as paid F & R. Ms. Brennan does not feel that all should be exempt.

2.   Page 3 – Section 3.2 – Payment – “WPOA shall submit monthly to the County a statement setting forth the actual expenditure, together with supporting documentation, for each line item of the budget in the foregoing Section.” Since the money flows through WPOA to pay personnel, it would be best for WPOA to send a monthly report (invoices, documents, etc.) to show where the money goes. A request was made from WPOA to add the phrase, “when appropriate” to the above statement. Mr. Payne disagreed with the addition of this phrase and Mr. Bruguiere said that the contractor shouldn’t have to provide complete disclosure. Mr. Payne feels documentation is necessary, not optional. Ms. Brennan suggested talking with the WPOA Board to determine what their intention may be. Ms. McGarry said that F & R wanted a lump sum of money and if there was any left over, they would keep the overdraft.

3.   Page 4 – Section 3.2 – Payment (continued) – “Unexpended funds from the annual budget shall be returned to the County’s general fund.” Mr. Payne said that if the budget is exhausted before the end of the year, the County can appropriate more money or decide what must be done. Mr. Hale, Mr. Carter, and Ms. Brennan emphasized the importance of a full budget and accountability.

4.   Page 6 – Section 5.2 – Use of Equipment – “WPOA F & R personnel shall be permitted to operate equipment by the Volunteer Companies, subject to scheduling and operational requirements as determined by the respective Volunteer Company captains.” The suggestion is to shift “power” to the Shift Captain to substitute equipment which may invite paid personnel to take equipment from volunteer squads. A system needs to be worked out. Mr. Bruguiere said the County squads need to make the decision. One vehicle can be designated for use in case of emergency. The squads themselves should work out the protocol.

   Mr. Carter discussed the subscription program whose administrative process will mainly be handled by WPOA and will hopefully begin July 1. Diversified Ambulance will be able to back-bill for services provided. The process is still complicated. Mr. Bruguiere said the paid personnel and billing should start at the same time. Ms. Brennan feels it’s appropriate to back bill and get revenue recovery. Mr. Harvey said that public safety is the most important consideration. Billing should be taken care of as soon as possible.

January 10, 2006

   Mr. Carter asked if the Board is comfortable with going ahead with revenue recovery and the subscription program at the same time, assuming agreement with WPOA is in place. The Board agreed. No action was taken on questions posed from Mr. Payne.

   B. County Property on Route 748, Morse Lane:   Request for Conveyance

In December 2005 Supervisors considered a request from Mr. David Morse for conveyance to his ownership of 0.096 acre of land owned by Nelson County. The consensus was to consider granting an easement to Mr. Morse. Mr. Hale said that granting the easement does give Mr. Morse a clear title to the property, and that a quit claim for that acreage would be a better solution because it cleans up the title to the property.

On a motion by Mr. Harris, seconded by Ms. Brennan, the Supervisors voted unanimously by roll call to authorize Mr. Morse’s Attorney to execute a quit claim deed. Supervisors authorized staff to advertise a public hearing on the conveyance.

   C. Schedule Adjourned Meetings: (Board Retreat, Nelson County School Board and    Zoning Ordinance Work Session)

A Board retreat will be held in two sessions: 1) February 3 – 9:00 A. M. – 2:00 P. M. – Staff meets to give updates on projects, budget is discussed, etc.; and 2) February 10 – 2:00 P. M. – 6:00 P. M. – Future planning by the Board.

A continued meeting with the Nelson County School Board will be held at 6:00 P. M. on January 19 (dinner included) at the Nelson County Middle School. Meeting will be held in the Media Center. A zoning ordinance work session will follow the meeting with the School Board.

VI.   New Business:

Mr. Carter recommended to the Board the appointment of Mark A. Bolt as Nelson County’s Building Code Official effective February 2, 2006.

On a motion by Ms. Brennan, seconded by Mr. Bruguiere, the Supervisors voted unanimously by roll call to adopt the following resolution:

   BE IT RESOLVED, That the Nelson County Board of Supervisors, pursuant to    Chapter 4 (Buildings), Section 4-27 (Building Inspection Department) of the    Code of the County of Nelson, Virginia and    Section 104.0 (Department of    Building Inspection/Enforcing Agency) of the Virginia Uniform Statewide    Building Code, that Mark A. Bolt is hereby appointed as Nelson County’s    Building Code Official with said appointment to be effective February 1, 2006.

January 10, 2006

VII.   Reports, Appointments, Directives, and Correspondences:

   A. Board of Supervisors Committee Reports
Ms. Brennan reported that a short meeting of the Thomas Jefferson Planning District was held recently to discuss the audit, financial status, Ride-Share, new appointees to the board, etc.

Mr. Brennan reported that Workforce Investment is preparing to submit a business plan for a one-stop information center in Nelson County. Funds may be required from Social Services or the County.

Mr. Bruguiere stated that one item has been sent to the BOS from the Planning Commission without a recommendation of denial or approval (Small/Harvey Conditional Use Permit). He feels the PC should make a recommendation in all cases. This has been discussed by Mr. Payne, Mr. Boger and Mr. Carter, but no decision has been made.

Mr. Harris reported that an offer has been made owners of a potential site for solid waste collection, but no agreement has been reached at this time. In addition, Mr. Harvey suggested that Mr. Hale take his place on this committee.

B. Appointments

Mr. Harvey resigned from the Solid Waste Collection Committee and Mr. Hale agreed to serve on the committee. Ms. Brennan nominated Ms. Mary Cunningham to the Thomas Jefferson Health Council, Mr. Bruguiere seconded the motion, and supervisors agreed unanimously by roll call to this appointment.

   C. County Administrator’s Report

Mr. Carter’s report was distributed (see file) with additional comments following. Item 1 - The budget, year-to-date, is on track and expenditures are within budget. Item 6.b – Region 2000. Using one site is not acceptable. A full report will be forthcoming. Item 8 – Piney River 3 Project. The number of easements needed have been reduced from 81 to 55. Item 9 – Blue Ridge Tunnel Project. The money will come from grant funds from VDOT. Item 10 – Wintergreen Project. Gary Wood will continue to serve on the EDA committee. There has been no recent discussion with WPI. Item 11 – Community Centers. More information is needed on replacement cost for the roof at the Heritage Center. Item 12 – Veteran’s Memorial Project. $15,000 may not be sufficient for installation. Item 16 – 2006 Legislative Program. Mr. Carter has asked Sen. Deeds for a letter of support.

January 10, 2006

   D. Board Directives

Mr. Harvey congratulated Ms. Brennan for appointment to the Virginia Geographical Information Network Board. Ms. Brennan, a member of the Governor-elect’s transition team, will be glad to recommend others to the committee. She also applauded the Albrights who have been recognized as 1 of 12 best citizens in the State due to their recent involvement with the Department of Game and Inland Fisheries. Mr. Hale suggested that a toll-free number be provided into County offices for those citizens who must use long distance to call. They will check into the cost. Mr. Harris discussed the animal control policy for picking up strays that have been abandoned. Mr. Carter said the policy in place seems to be working effectively and that discretion must be used in determining irresponsible or legitimate cases. Mr. Uttaro can be contacted for further information on the current policy.

   E. Correspondences
1.   Dental Program – Mr. Carter has corresponded with Sandy Miller of the Virginia Department of Health regarding allocation of funds for dental services in Nelson.   The Health Department chose to use the funds for something other than the dental
      program and Rural Health Outreach Program needs funds specifically for dental    services.

       On a motion by Ms. Brennan, no second being needed, the Supervisors voted            unanimously, by roll call, to allocate 60% of the 3rd Quarter payment to RHOP.

2.   Perry Foundation, Inc. – Mr. Carter read a letter from Francis H. Fife, President, regarding the $91,000 final payment on Perry’s grant for the Nelson Center.

VIII.   Closed Meeting

Ms. Brennan: Motion is hereby made, pursuant to Section 2.2-3711.A.1 and A-7 of the Code of VA, 1950, that the Nelson County Board of Supervisors hold a closed meeting for the following purposes: Consultation with legal counsel and briefings by staff members pertaining to actual or probable litigation, where such consultation and briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by the public body regarding specific legal matters requiring the provision of legal advice by such counsel. Mr. Bruguiere provided the second and the Board voted unanimously by roll call to approve the motion.

January 10, 2006

Mr. Harvey made a motion to return from closed session: Motion is hereby made, pursuant to Section 2.2-3711.A-7 of the Code of VA, 1950, that the Nelson County Board of Supervisors held a closed meeting for the following purposes: Consultation with legal counsel and briefings by staff members pertaining to actual or probable litigation, where such consultation and briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by the public body regarding specific legal matters requiring the provision of legal advice by such counsel. Mr. Hale provided the second and the Board voted unanimously by roll call to approve the motion.

Mr. Hale made a motion for certification: Motion is hereby made, pursuant to Section 2.2-3712.D of the Code of VA, 1950, that the Nelson County Board of Supervisors certify that to the best of each member’s knowledge only public business matters lawfully exempted from open meeting requirements under Chapter 37 (Virginia Freedom of Information Act) of Title 2.2 of the Code of VA, 1950 and (ii) only such public business matters as were identified by the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by the public body. Mr. Bruguiere provided the second and the Board voted unanimously by roll call to approve the motion.

IX.   Recess and Reconvene for Evening Session

The Vice Chairman, with consensus by roll call from all Board members, recessed the meeting which will be continued at 7:30 P. M.

All Supervisors were present for the 7:30 evening session. Chairman Harris thanked the capacity crowd for coming and stated that during the public hearing, comments should be limited to 3 minutes in order to accommodate everyone who wished to speak.

X.   Curtis Bruguiere: Consideration of Rezoning Request #2005-002

Mr. Curtis Bruguiere returned to the Board concerning rezoning of Anderson’s Grocery to B-1 in order to establish a real estate business in a portion of the store. Mr. Thomas Bruguiere removed himself from the discussion. When the Board met with Mr. Bruguiere previously, they attempted to help with an alternative way of allowing this business without rezoning. The Planning Commission recommended denial of the rezoning request because of: 1) Spot zoning; 2) Rezoning of this area does not comply with the Comprehensive Plan; 3) Rezoning would have a negative impact on the community. Ms. Brennan concurred with these reasons and made a motion to defer action on this rezoning to give Mr. Bruguiere time to consider alternatives. There was no second to the motion. The vote was taken with the following results: Mr. Harvey and Mr. Thomas Bruguiere abstained, Ms. Brennan and Mr. Harris voted yes, Mr. Hale voted no.

January 10, 2006

XI.   Public Hearings:

A.   Amendment to Conditional Use Permit #96-6 – American Tower Corp., T-Mobile

Mr. Carl Taskes, representing T-Mobile, requests an amendment to CUP #96-6 to permit T-Mobile to co-locate six panel antennas on the North Nelson Communications Tower which is owned by American Tower Corp. The tower is located approximately one mile north of Thurmonds Hollow Lane on a private road. The Planning Commission held a public hearing on December 28, 2005 and voted unanimously to recommend approval of this CUP. T-Mobile has agreed to locate utility lines underground along the existing road. There were no comments from the public hearing.

On a motion by Mr. Bruguiere, seconded by Mr. Harvey, the Supervisors voted unanimously by roll call to adopt the following resolution:

   BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby    approve an amendment to Conditional Use Permit #96-6 for American Tower    Corp./T-Mobile to co-locate six panel antennas on the North Nelson    Communications Tower located one mile north of Thurmonds Hollow Lane.

B.   Special Use Permit #2005-004 – Norma Bradley/Mike Crandall

Ms. Norma Bradley (owner) and Mr. Mike Crandall (developer) have requested a Special Use Permit to replace the existing building at 1471 Beech Grove Road (Tax Map #20-A-42) with a new model home to be used for an office and consignment shop. VDOT has approved the entrance and a new septic system will be installed. Mr. Mike Crandall said that the existing building and a barn will both be removed and he feels the log cabin style home will have a positive impact on the area.

The public hearing was opened with Mr. Andrew Hickman is concerned that the multi-use designation could lead to a different type of business in the future. There may be underground storage tanks which would need to be removed and the septic system must be replaced. Ms. Donna Kincaid said the property is located on a dangerous curve. She is also concerned about the multi-use designation. With no further comments, the public hearing was closed.

Mr. Crandall addressed several of the concerns. There will be handicap access. The septic system will be abandoned and replaced and possibly a new well. The entrance is being made more accessible and has been approved by VDOT. Environmental tests will be done on the possible storage of gas tanks.

On a motion by Ms. Brennan, seconded by Mr. Bruguiere, the Supervisors voted unanimously by roll call to adopt the following resolution:

January 10, 2006

   BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby    approve Special Use Permit #2005-004 for Norma Bradley and Mike Crandall.

C.   Conditional Use Permit #2005-004 – Susan and Ray Fitzgerald

The Fitzgerald’s applied for a CUP under Section 12-5 of the Zoning Ordinance, “Uses not provided for,” to establish a waste wood management operation at the rear of their property located at 175 Rhue Hollow Road. The operation will consist of using 20,000 sq. ft. for stockpiling and grinding stumps and 3,000 sq. ft. area for stockpiling logs and firewood cutting. The Fitzgerald’s have stated that operation will be for their use only with no outside haulers bringing debris to the property. A Precision Husky ProGrind 4000 will be used at the site. The grinding of stumps is a recycling business and the Board has determined that a recycling business is permitted in an Industrial, M-2, District by a Conditional/Special Use Permit. The property is zoned A-1 and designated as Rural and Farming by the Comprehensive Plan. This designation promotes agricultural uses and compatible open space uses, but discourages large scale residential development and commercial development which would conflict with agricultural uses.

Mr. Boger said that several site plans were received showing different locations for the stump-grinding operation. The latest one was received on January 9 and states that grinding of stumps is limited to 5 days per year, on weekdays only (Monday – Friday), from 8:00 A. M. – 6:00 P. M. and that mulch is to be removed within 10 days after grinding. No grading is needed, and trees will remain in place for natural screening. The Planning Commission felt the site plan was not complete as submitted on December 28, and was also concerned about noise and mulch management. A motion to approve the CUP failed and the application was denied by the PC. The Fitzgerald’s own a large enough area to place the operation at a different location and also
manage stormwater run-off. The area is not heavily populated. At the December 28 meeting, one property owner spoke in opposition with several speaking in favor, stating there was no noise problem. An approximate 200 ft. safety zone will be required for workers and adjacent property owners.

Mr. Boger said that a CUP must apply these two standards: 1) the use shall not tend to change the character and established pattern of development of the area or community in which it proposes to locate; and 2) the use shall be in harmony with the uses permitted by right in the zoning district and shall not affect adversely the use of neighboring property.

Mr. Morris Foster, Surveyor, spoke on behalf of the Fitzgerald’s.   All requirements have been met, including DEQ requirements. Mr. Sam Eggleston, Attorney, also spoke. Stump removal will be 75% on a annual basis. The Fitzgerald’s will temporarily stockpile the stumps and then bring in a grinder. Last year they had 16 loads of stumps and 4-5 loads of mulch. The equipment costs over $3000 to bring on-site and this will be done in the spring. It can be placed anywhere on the property to meet noise ordinance requirements.

January 10, 2006

Mr. Fitzgerald said the material comes from property he clears at Wintergreen. The County needs a stump disposal site if construction is to continue. Mulch disposal has already been arranged.

The public hearing was opened. Mr. Jack Buni, an adjacent property owner, was concerned that the entrance is not a commercial one. Farm noise is not a concern, but this operation is more industrial than farming. Mr. Dudley Campbell lives across from the Fitzgerald’s and is not opposed to the operation. Mr. Jim Koschara said the property is kept in good order and the Fitzgerald’s will do a good job with this operation. He has no objection to it. Mr. Buni spoke again, stating that this operation will probably expand from what’s proposed not. Mr. David McGann supports the operation. Mr. George Hartman also was not opposed. Mr. Jace Goodling said the County desperately needs an operation like this. Mr. Fitzgerald’s operation will serve a good purpose. With no further comments, the public hearing closed.

Mr. Bruguiere stated he had visited the site and the dates and times of operation are acceptable to him. VDOT and DEQ requirements will be dealt with separately. Ms. Brennan agreed this is a needed business in the County. She visited the property also with the Fitzgerald’s and Mr. Foster. She hasn’t heard the grinder at this location, but did at the Small/Harvey property. The lay of the land is different and that will affect noise levels. She said that in fairness to all applicants, the site plan needs to show exactly where the grinder will be located. Mr. Hale said the County wants to encourage small business and this type of business is needed. He is in favor of approving this CUP.

Ms. Brennan made a motion to defer the application until it is determined where the grinder will go and how it will sound. Mr. Bruguiere provided the second. He also stated that it must be proven that the noise ordinance is violated. Mr. Boger said that based on other locations which
measured 71 dB at 200 ft., 300 ft. might work. The Fitzgerald’s have indicated they will work with the County to find an appropriate location. The vote was taken by roll call with the following results: Mr. Harvey abstained, Ms. Brennan voted yes, and Messrs. Hale, Bruguiere, and Harris voted no. The motion failed.

Mr. Hale made the following motion: Applicant is granted a conditional use permit on the conditions set forth below for a vegetative rubbish recycling facility. For the purposes of this permit, a vegetative rubbish recycling facility shall mean an undertaking in which vegetative rubbish, as defined in Section 10-1.T. of the Solid Waste Ordinance, is received from off-site properties and temporarily stored until converted into firewood, and into mulch and compost by the use of a stump tub-grinder, and where the resultant firewood, mulch, compost, soil, and rocks
are temporarily stored prior to their removal. 1. This permit shall not be effective unless and until the Zoning Ordinance is amended pursuant to Section 12-5. 2. Accessory uses and structures are limited to those shown or described on the Site Plan received 1/9/06, revised 1/04/06, approved herewith. The operation shall be located a minimum of 200 feet from the top of the ridge, and this note added to the Site Plan.

January 10, 2006

3. If a court of competent jurisdiction should declare invalid or unenforceable any condition herein, then this permit shall be void. 4. This permit shall be valid for a period of twelve months commencing with the date the Zoning Ordinance is amended pursuant to Section 12-5. 5. The stump tub-grinder will be operated on no more than five days in each twelve month period, shall be operated only on weekdays between the hours of eight o’clock a.m. and five o’clock p.m., and shall not be operated on legal holidays designated in Section 2.2-3300 of the Code of Virginia. 6. Mulch and compost generated at the facility shall remain within the bounds of the storage areas designated on the Site Plan. 7. The operator of the vegetative rubbish recycling facility shall report annually to the County Administrator, in form satisfactory to the County Administrator, the total tonnage of rubbish recycled. 8. This permit shall not be valid until the Site Plan has been revised to the satisfaction of the Zoning Administrator.     Mr. Bruguiere provided the second.

The following items were discussed and amended: 1. The CUP must be enacted before the Zoning Ordinance can be amended; therefore, item 1 was omitted. 2. Changed to: The operation shall be located a minimum of 250 ft. from the property line for a safety zone. 4. Changed to: This permit shall be valid for a period of three years, subject to satisfactory annual reviews.

On a motion by Mr. Hale, seconded by Mr. Bruguiere, the motion was amended and the vote, by roll call, follows: Mr. Harvey abstained, Ms. Brennan voted no, Messrs. Bruguiere, Harris and Hale voted yes. The following resolution was adopted:

   BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve Conditional Use Permit #2005-004 for Ray and Susan Fitzgerald. The applicant is granted a conditional use permit on the conditions set forth below for a vegetative rubbish recycling facility. For the purposes of this permit, a vegetative rubbish recycling facility shall mean an undertaking in which vegetative rubbish, as defined in Section 10-1.T. of the Solid Waste Ordinance, is received from off-site properties and temporarily stored until converted into firewood, and into mulch and compost by the use of a stump tub-grinder, and where the resultant firewood, mulch, compost, soil, and rocks are temporarily stored prior to their removal.

   1. Accessory uses and structures are limited to those shown or described on the Site Plan received 1/9/06, revised 1/6/06, and approved herewith. The operation shall be located a minimum of 250 feet from the property line for a safety zone, and this note added to the Site Plan.
   2. If a court of competent jurisdiction should declare invalid or unenforceable any condition herein, then this permit shall be void.
   3. This permit shall be valid for a period of three years, subject to satisfactory annual reviews.


January 10, 2006

   4. The stump tub-grinder will be operated on no more than five days in each twelve month period, shall be operated only on weekdays between the hours of eight o’clock a.m. and five o’clock p.m., and shall not be operated on legal holidays designated in Section 2.2-3300 of the Code of Virginia.
   5. Mulch and compost generated at the facility shall remain within the bounds of the storage areas designated on the Site Plan.
   6. The operator of the vegetative rubbish recycling facility shall report annually to the County Administrator, in form satisfactory to the County Administrator, the total tonnage of rubbish recycled.
   7 This permit shall not be valid until the Site Plan has been revised to the satisfaction of the Zoning Administrator.

Ms. Brennan stated that in all fairness, the Board should hear the grinder in operation on this property. Mr. Hale asked Mr. Fitzgerald to let the Supervisors know when the grinder is on site.

A short recess was taken. Meeting continued at 9:45 P. M.

D.   Conditional Use Permit #2005-002 – A. G. Small and Jason Harvey

Mr. Boger reported that pursuant to Section 12-5 of the zoning ordinance, “Uses not provided for,” Mr. A. G. Small and Mr. Jason Harvey have submitted an application for a CUP to establish a waste wood management operation on the rear portion of the property located at 2641 Rockfish Valley Highway, Tax Map #21-11-F. The operation will consist of using 75,000 sq. ft. for stockpiling and grinding stumps, a log pile for firewood and an area for stockpiling mulch. The applicants have stated that this operation will be used by haulers that Mr. Harvey has contracted to haul for him. They anticipate a maximum of 15 days per year for recycling and hours of operation, as shown on the site plan, would be 7:00 A. M. to 7:00 P. M. Mr. Boger also stated that the tax map number and property owner on the north side of Mr. Small’s property may be incorrect. Information provided to Staff indicates the Tax Map number may be 21-A-9, owned by High Country Associates. He also questions whether the area is going to be sufficient for stump storage since the applicant has voluntarily reduced the days for stump grinding to 15 days per year.

The proposed equipment will be the Precision Husky ProGrind 4000. During a demonstration on December 7, 2005, the following decibel readings were experienced: 75 dB at the property line, 64-65 dB near rear of property, 75-78 dB at grinding site, 40 dB at the gate to the property, and 50 dB at the shopping center. Mr. Boger received a telephone call from an adjoining property
owner on December 7 stating that larger material had been placed in the tub grinder which significantly increased the sound levels. Commissioner Proulx stated at the December 28 PC meeting that she was in the area several times that day and did not hear a change in the noise level.

January 10, 2006

Mr. Boger continued by saying that the Nellysford area has been identified in the Comprehensive Plan as a growth area. There are several development activities underway in this area – an assisted living project and a 50-lot subdivision – that will be significantly impacted by this operation. He stated that the proposed use is an industrial use rather than an agricultural one. An
e-mail was received today from the Nellysford Merchants Association stating they were not supporting the stump-grinding operation.

The PC held a public hearing on November 30, 2005 and the case was continued until December 28, when the Commission continued discussion on Mr. Harvey’s application. Commissioner Proulx was very concerned about management of the mulch piles, including how long the mulch will be stored. In addition, there was fire activity following the demonstration which heightens her concern about spontaneous combustion in the piles. Mrs. Proulx stated she didn’t have all the information needed and would prefer to send the application to the BOS without a recommendation in order to give the applicant time to submit the necessary information.

Mr. Boger stated that the same two standards stated for the previous CUP must be applied to this CUP. Nellysford is a very important and unique area of the County, and permitting this use will begin changing the general character of the development pattern from relatively quiet, office, retail and light commercial development into more nuisance type heavy commercial and industrial type uses.

Mr. Massie Saunders, Surveyor, and Jason Harvey, applicant, stated that corrections have been made to the site plan with hours of operation Monday – Friday. The entrance has been revised and VDOT has approved it. DEQ has stated that the stumps cannot be burned. The area on fire in December was either spontaneous combustion or started from outside by other means. Mr. Saunders showed an aerial map of the surrounding area, in particular the Small property in relation to the proposed developments. The decibel level at the machine was 80-87; at 200 ft. away it was around 65 dB. He stated that this operation should be exempt from the noise control ordinance and that the chipper which is used more frequently is 12 dB higher than the tub grinder. The requirement is that 75% of the mulch will be moved annually. Mr. Harvey plans to move it twice a year. Mr. Saunders stated that developers in the area are aware of Mr. Harvey’s operation and building is continuing.

The public hearing was opened. Mr. Bob Ward presented documentation (on file) on decibel level calculations and recommended that further noise measurements be done at full load. Mr. John Lawler spoke in opposition due to noise, vibration, smoke, etc. Mr. Ron Duddleston, President of WPOA Board, spoke in opposition due to noncompliance with the Comprehensive Plan and the zoning ordinance. Mr. John Gurr opposes the location and suggests the grinder be moved to another site. He named Louisa Recycling as a possible way of disposing of the debris.
Mr. George Bonheyo spoke in opposition due to its not being an appropriate use of the land, the noise and air-born dust, and difficulty in tracking restrictions, if placed on the operation. Mr. R. B. Morris spoke in support, saying that Mr. Harvey has provided services the County needs. Mr. Wayne Jefferson spoke in opposition due to noise, smoke, hours of operation, and inconsistency with country town image.
January 10, 2006

Ms. Mary Gorka spoke in opposition due to air pollution which can cause serious health problems. Mr. William Layton spoke in support, citing the good service Mr. Harvey has given by doing away with debris and stated it was not feasible to haul the debris to Louisa due to the price of fuel. Ms. Anne Ashton spoke in opposition due to odor, smoke, noise, lack of permits, and property rights being violated. Mr. John Garrity spoke in opposition due to poor air quality. Mr. Jace Goodling spoke in support, saying that if debris must be carried out of the area, air pollution will increase because of diesel fumes, wear and tear on the highways, and increased truck traffic. Mr. William “Bill” Kemp spoke in opposition due to hours of operation, smoke, increased traffic, lack of plan for mulch management. He proposed a reduction in speed limit in this area to 35 mph. Ms. Donna Smith owns a business in Nellysford and said that pollution comes from many other sources in Nellysford. Ms. Lois Bennett spoke in opposition due to the business being a nuisance and the possibility of reduced property values. Mr. Don Smith spoke in support, stating that all kinds of equipment make noise. Mr. Jeremy Parker has a brush pile on his property that caught fire on Christmas Eve which created quite a lot of smoke. He spoke in support of the operation. Mrs. Angela Robinson said that Bill Davis and Bo Newell have removed their names from the petition of support. She spoke in opposition due to numerous concerns with DEQ, air permits, burning and smoke, the applicant’s failure to demonstrate a desire to follow the law and comply. Mr. Clay Robinson spoke in opposition due to heavy smoke from the mulch piles, the applicant’s lack of compromise, and the failure to relocate this operation to a more suitable site. Mr. Butch Alford asked what the County can do about this situation. Stumps will continue to be left on lots if this CUP isn’t approved. Suggests approving the application, and if they don’t comply, halt the operation. Mr. Richard Cripe spoke in opposition due to the adverse effect on the environment and asked whether a stump grinder fits into the future of Nellysford. Mr. Phillip Chabot spoke in opposition to the application and stated that some adjoining property owners were not notified so they had no opportunity to oppose. This recycling facility is not allowed by the zoning ordinance. The grinder is not consistent with other land use in the community. Mr. Mike Crandall spoke in support, saying that the cost to move debris to another location is too high. There are four lots on the Mountain where building cannot start until this issue is resolved. Mr. Bo Zirkle spoke in support and said that property rights should be considered for all people. Dr. Mitch Fleisher spoke in opposition due to air pollution from the grinding, heavy smoke on Christmas Eve from the mulch piles, and questioned whether the applicant can be trusted to be compliant with the conditions of the permit. Mr. Carlton Hunt works with Mr. Harvey and would rather do business in Nelson County than take the stumps elsewhere. Mrs. Denise Harvey spoke in support of her husband’s business. Mr. Bill Howard spoke in opposition due to the hazard of spontaneous combustion, health hazards from dust and smoke, and the fact that this is an industrial operation and is not consistent with the future of Nellysford. Mr. John Gurr again spoke in opposition to the application, stating that there is no confirmation that Mr. Harvey complies with DEQ regulations. Mr. George Bonheyo presented 16 more petitions in opposition to the operation. Mr. David McGann spoke in support, stating that if Mr. Harvey follows the rules, he should be allowed to operate his business. Progress requires compromise. Mr. Massie Saunders said that there is no mulch on the sight at this time. It has been used by Saunders Bros. Mr. Harvey will be hauling the material away a minimum of twice a year.

January 10, 2006

Saunders Bros. can use it as fast as it is produced. The operator of the equipment must have a permit for air quality.

With no further comment, the public hearing closed. Mr. Hale said he is also concerned about mulch management and the possibility of fires. Mr. Saunders said that if the mulch is managed properly, spontaneous combustion should not be an issue. Mr. Harvey stated that stumps and debris will not be coming from outside Nelson County. Ms. Brennan recognized Nellysford as a special place and her main concerns are hazardous smoke and noise. The County needs such an operation and Mr. Harvey should be able to operate his business. The location, however, just isn’t the right one. She would like for the County to work together to find a more suitable location. She asked if a temporary solution could be found until a better one is formulated.

Mr. Bruguiere agreed with Ms. Brennan that a compromise is needed. There are agriculture noises all round and no one complains. Travel to Louisa for disposal of stumps is not an option due to the expense involved. More noise is generated from construction than from this grinder being used 15 days a year. If the noise ordinance is violated, law officials can take appropriate action. He suggested a three year approval with yearly reviews.

Ms. Brennan made a motion to defer making a decision for one month to determine if a compromise can be reached, something that would allow Mr. Harvey to continue his business. Mr. Bruguiere provided the second and vote was taken by roll call with the following results: Mr. Harvey abstaining, Ms. Brennan voting yes, Messrs. Hale, Bruguiere and Harris voting no. Motion failed.

Mr. Bruguiere made the following motion: That the Nelson County Board of Supervisors approve Conditional Use Permit #2005-002 for A. G. Small and Jason Harvey. Applicant is granted a conditional use permit on the conditions set forth below for a vegetative rubbish recycling facility. For the purposes of this permit, a vegetative rubbish recycling facility shall mean an undertaking in which vegetative rubbish, as defined in Section 10-1.T. of the Solid Waste Ordinance, is received from off-site properties and temporarily stored until converted into firewood, and into mulch and compost by the use of a stump tub-grinder, and where the resultant firewood, mulch, compost, soil, and rocks are temporarily stored prior to their removal. 1. This permit shall be valid for a period of three years with yearly reviews. 2. The stump tub-grinder will be operated on no more than fifteen days per year between the hours of seven o’clock a.m. and seven o’clock p.m., and shall not be operated on legal holidays designated in Section 2.2-3300 of the Code of Virginia. 3. Mulch and compost generated at the facility shall remain within the bounds of the storage areas designated on the Site Plan. 4. Storage of material and other items not connected to the vegetative rubbish recycling facility, other than those used in connection with agriculture, is prohibited.   5. The operator of the vegetative rubbish recycling facility shall report annually to the County Administrator, in form satisfactory to the County Administrator, the total tonnage of rubbish recycled. 6. Mulch shall be removed from the site as soon as possible; a minimum of once a month. Mr. Hale provided the second. Mr. Bruguiere then amended the motion to change item 2 to hours of 8:00 A. M. and 6:00 P. M. Mr. Hale provided the second.
January 10, 2006

Mr. Hale further amended that the facility be used for grinding material from Nelson County only, with the exception of Wintergreen’s portion of Augusta County. Mr. Bruguiere agreed with this change. The resolution was reread, and the vote by roll call follows: Mr. Harvey abstaining, Ms. Brennan voting no, and Messrs. Harris, Bruguiere, and Hale voting yes. Motion passed, resulting in the following resolution:

   BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve Conditional Use Permit #2005-002 for A. G. Small and Jason Harvey. The applicant is granted a conditional use permit on the conditions set forth below for a vegetative rubbish recycling facility. For the purposes of this permit, a vegetative rubbish recycling facility shall mean an undertaking in which vegetative rubbish, as defined in Section 10-1.T. of the Solid Waste Ordinance, is received from off-site properties and temporarily stored until converted into firewood, and into mulch and compost by the use of a stump tub-grinder, and where the resultant firewood, mulch, compost, soil, and rocks are temporarily stored prior to their removal.

   1. This permit shall be valid for a period of three years with yearly reviews.
   2. The stump tub-grinder will be operated on no more than fifteen days per year between the hours of eight o’clock a.m. and six o’clock p.m., and shall not be operated on legal holidays designated in Section 2.2-3300 of the Code of Virginia.
   3. Mulch and compost generated at the facility shall remain within the bounds of the storage areas designated on the Site Plan.
   4. Storage of material and other items not connected to the vegetative rubbish recycling facility, other than those used in connection with agriculture, is prohibited.
   5. The operator of the vegetative rubbish recycling facility shall report annually to the County Administrator, in form satisfactory to the County Administrator, the total tonnage of rubbish recycled.
   6. Mulch shall be removed from the site as soon as possible; a minimum of once a month.
   7. The facility shall be used for grinding material from Nelson County only, with
   the exception of Wintergreen’s portion of Augusta County.

XII.   Public Comments - None

January 10, 2006

XIII.   Other Business – None

XIV.   Adjournment

On a motion by Mr. Harvey, seconded by Mr. Bruguiere, and all Supervisors voting yes, the following resolution was adopted:

   BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby
continue this meeting to January 19, 6:00 P. M., at Nelson County Middle School to meet with the Nelson County School Board and hold a zoning ordinance   workshop.

____________________, Chair.