Board of Supervisors: July 10, 2006

July 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, Chair
       Thomas H. Bruguiere, Jr., Vice Chair
       Constance Brennan, Central District Supervisor
       Allen M. Hale, East District Supervisor
       Thomas D. Harvey, North District Supervisor
       Stephen A. Carter, County Administrator
       Fred M. Boger, Planning Director
       Betty M. Fortune, Planning Secretary

I.   Call to Order

Mr. Harris, Chair, 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.   Consent Agenda

   A. Resolution – Minutes for Approval

It was unanimously resolved by the Board to approve the June 19, 2006 minutes.

B.   Resolution – Refunds

   RESOLVED, by the Nelson County Board of Supervisors that the following refunds, as certified by the Nelson County Commissioner of Revenue and County Attorney pursuant to §58.1-3981 of the Code of Virginia, be and hereby are approved for payment.

Amount       Tax Category               Payee

$     17.85       Personal Property   Leasecomm Corporation, 10-M Commerce
                       Way, Woburn, MA 01801-1006
$     44.65       Personal Property   H. L. Jr. and C. L. Craig, 135 Windy Acres
                       Circle, Afton, VA 22920

C.   Resolution – Salary and Classification System

   BE IT RESOLVED by the Nelson County Board of Supervisors that the local government’s “Salary and Classification System” is hereby amended to incorporate the following:
   A four percent (4%) cost of living salary adjustment shall be hereby authorized for Nelson County personnel employed pursuant to the County’s salary classification and pay plan, effective on July 1, 2006. Additionally, a four percent (4%) salary adjustment shall be authorized for all regular part-time employees, and all full-time employees, inclusive of the elected official, employed in a Constitutional Office. The four percent (4%) for Constitutional Offices is based on the State Compensation Board approved salary in effect on July 1, 2006 and is inclusive of the approved State Compensation Board employee raises effective December 2006. The wage adjustment for part-time employees in Constitutional Offices shall be determined by the Constitutional Officer within the approved Fiscal Year 2006-2007 budget.

Attachment: Fiscal Year 2006-2007 Salary Scale

Ms. Brennan clarified with Mr. Carter that this is the total salary increase and is not in addition to the 2.5% increase granted by the State Compensation Board for Constitutional Officers. (Note: the salary scale is on file in the office of County Administrator or Department of Finance and HR.)

D.   Resolution – Gladstone Water System Improvement Project

WHEREAS, the local government of Nelson County, Virginia wishes to apply to the Virginia Department of Housing and Community Development for up to $150,000.00 in 2006 Virginia Community Development Block Grant funds for a water services improvement project, (the) Gladstone Water System Project, under the CDBG program’s Community Facility project type category; and,

WHEREAS, $55,000.00 in local funding (from the Nelson County Service Authority) is available in addition to VCDBG funds to provide for the total estimated project cost of $205,000.00; and,

WHEREAS, Nelson County has met citizen participation requirements by holding two public hearings, advertising both as appropriate with at least one other form of public notice; and,

WHEREAS, the project will meet the national objective of providing benefit to low to moderate income individuals with the project projected to serve forty (40) persons in twenty (20) households of which a minimum of sixty-five percent (65%) will be low to moderate income.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the Nelson County Board of Supervisors that the Nelson County Administrator (Stephen A. Carter) is hereby authorized to sign and submit all appropriate information necessary to apply for Virginia Community Development Block Grant funding for Nelson County’s Gladstone Water System Project.

E.   Resolution – Nellysford Community Plan

Preamble

The Nelson County Board of Supervisors contracted in 2005 with the Thomas Jefferson Planning District Commission to provide for the development and completion of a community plan for the area of Nelson County encompassing the village of Nellysford and its environs – the Nellysford Community Plan. This initiative includes public and private funding with its objective being the establishment of short and long range strategies, inclusive of substantial public input, which will assist the local government and citizens of Nelson County in fostering the continued well being of the village of Nellysford and its environs. The County’s contract with TJPDC called for a June 30, 2006 project completion date, however, the project has not yet been completed albeit it remains a high priority of the Board of Supervisors. TJPDC has submitted to the County a contract amendment, which re-establishes the project completion date as December 31, 2006 and identifies the steps for project completion inclusive of funding parameters.

NOW, THEREFORE, BE IT RESOLVED, by the Nelson County Board of Supervisors that the County Administrator, Stephen A. Carter, be and is hereby authorized to execute on behalf of said Board the agreement with the Thomas Jefferson Planning District Commission entitled “Amendment To Extend The Agreement For the Nellysford Community Plan”.

On a motion by Ms. Brennan, seconded by Mr. Harvey, Supervisors agreed unanimously by roll call (5-0), to approve the Consent Agenda, with the exception of minutes for June 13, 2006, as requested by Ms. Brennan, for a clarification statement on easements for Piney River III Project.

III.   Public Comments and Presentations

A.   Public Comments

Mr. Harry Baum of Afton spoke regarding Planning Commission appointments that are scheduled for discussion at this meeting. The incumbent Planning Commissioners and the Board of Supervisors have been working on the zoning ordinance and work needs to continue. He recommends the reappointment of incumbent members to the Planning Commission who have proven to be intelligent, knowledgeable, fair and responsible.

Ms. Sheila Wood of the Nelson County Sheriff’s Department said there are currently eight (8) automated defibrillators for use by the Sheriff and Deputies. They need to be replaced and three of the present units cannot be reprogrammed for State-mandated standards. Units normally cost $2200 each, however, Cardiac Science will take the 3 obsolete units in trade and replace them for a total of $3285.00. Ms. Wood asks that the Board consider providing these funds. Board members expressed support for this need and stated that a source of funds may be the unused salary dollars granted by the Compensation Board. Mr. Carter said he would look into the situation and report back to the Board.

B.   VDOT Report

Mr. Kevin Wright said that the VDOT budget is now in place; however, there is a 35% cut in funds for Nelson County. He supplied a list of all projects for FY07-FY12, noting projects that are on schedule, have been delayed, or removed from the project list. He stated that funding cuts and a different way of contracting will have a serious impact on the next six years’ budget. There is currently $900,000 in Future Federal Formula STP Funds which can be used only for specific roads. He reported further that flashing lights will go up on Rt. 56 indicating the road is not recommended for truck traffic.

Mr. Harvey asked if consideration is being given to the reduced speed limit through Nellysford, as discussed last month with Mr. McCormick. Mr. Wright said that a new speed study has been requested. Mr. Harvey also stated there have been numerous accidents at the Callohill Drive signal light where drivers are not yielding on green. Mr. Wright said the time is set to be very short for all except through traffic and he will look into a possible solution. He also stated that Glenthorne Loop is at least 1 year from resurfacing, but it would be reconsidered again this Fall.

Mr. Boger suggested that Mr. Wright discuss with the Board at a future date the relationship between legislation and local funding. Mr. Wright said he would be glad to do that.

C.   2006 VA Water Quality Assessment Integrated Report – Draft

Mr. James Shiflet, Department of Environmental Quality (DEQ), presented to the Board a draft of the 2006 Virginia Water Quality Assessment Integrated Report. The report gives a summary of water quality conditions for all of the monitored Virginia streams, rivers and lakes. Mr. Shiflet explained that the 305(b) report is prepared every two years. The report lists impaired waters in Nelson County utilizing TMDLs (Total Maximum Daily Load) and identifies the source of pollution. It also lists two de-listed (taken from the impaired waters list) segments of the Piney River.

Mr. Bruguiere questioned the source of impairment for Montebello Spring Branch which is listed as “Industrial Point Source Discharge.” Mr. Shiflet said this does appear to be an improper flag since the TMDL has identified the source as the fish farm which is aqua cultural. He will attempt to have the designation changed. The next TMDL is scheduled for 2018.

Mr. Shiflet directed the Board to the website www.deq.virginia.gov where the entire report for the State can be viewed. It is updated periodically with new studies. Mr. Harris thanked Mr. Shiflet for making this presentation to the Board.

IV.   Unfinished Business

A.   Water Service Agreement for UST Remediation Project

Mr. Carter reported that County Attorney Payne has drafted a water purchase agreement between the Nelson County Service Authority, County of Nelson, and the Millennium Group Community Facility which has been presented to all parties and will be discussed in a meeting later this week. Thus far no comment has been received from the Millennium Group. No funding will be required by the County.   Mr. Hale commented that the draft agreement seems to resolve the issues the Board had, and while the cost is high to provide water for three residents, the State funding ($450,000) will provide a water main down Rt. 29 which will be used in the future.

Mr. Tim Castillo of NCSA said there is the potential of 25 connections from this system. Water use by the Millennium Group will be metered, but will be free of any charge by NCSA. Additionally, there will be no cost for maintenance on the storage tank. There will be periodic blow-offs of the 12” main to prevent stagnation. When asked what steps will be taken if the well is exhausted, Mr. Castillo replied that water would be hauled to the site, if necessary.

A proposed resolution was distributed and Ms. Brennan asked that any changes which impact the Board’s adoption of this resolution be brought to the Board after the meeting on July 13.

On a motion by Mr. Hale, seconded by Mr. Bruguiere, Supervisors agreed unanimously by roll call (5-0), to adopt a resolution authorizing the County Administrator to execute a water purchase agreement with the Nelson County Service Authority and the Millennium Group Community Facility.

   RESOLVED by the Nelson County Board of Supervisors that the County Administrator, Stephen A. Carter, be and is hereby authorized to execute a water purchase agreement with the Nelson County Service Authority and the Millennium Group Community Facility and to facilitate the signatory approval of the agreement by the aforementioned parties to the agreement.

Said agreement will provide for the construction with state funding of public water system improvements and the provision of public water services by the Nelson County Service Authority to properties located adjacent to Route 29 which have been impacted by petroleum contamination of their water sources.

V.   New Business

None

VI.   Reports, Appointments, Directives, and Correspondences

A.   Reports
1.   TJPDC (Ms. Brennan)

Ms. Brennan reported that the monthly TJPD meeting will be held on July 13. Ms. Brennan attended the dedication of the SmyithSmith Garden which is located between the library and the Nelson Center.
2.   Courthouse (Mr. Hale)

Mr. Hale reported that a purchase contract has been submitted to Ms. Jane T. Lingo for the purchase of .75 acres in the amount of $15,000. Ms. Lingo has concerns about the area being used for parking and Mr. Hale said the County will make every effort to use the space in other ways. The cottage currently located on the property will be moved at the expense of the County. Ms. Lingo has verbally agreed to the contract and Mr. Carter asked for the Board’s agreement to move forward with the contract.

On a motion by Mr. Hale, seconded by Ms. Brennan, Supervisors agreed unanimously by roll call (5-0), to authorize the County Administrator to sign and send the contract to Ms. Lingo, and further authorizes the County Administrator to add a clause with respect to parking, if necessary.

3.   Nellysford (Ms. Brennan and Mr. Harvey)

Messrs. Harvey, Carter, Wanner of TJPDC, and Boger and Ms. Maureen Corum and Ms. Brennan met on July 10, 2006 to identify the stretch of Rt. 151 to be included in planning. Proposed is an are entrances to Nellysford to be constructed on existing rights of way just west of the Valleymont shopping area and at the existing entrance to Stoney Creek at Wintergreen. at the beginning and end of the main part of Nellysford. Mr. Harvey and Ms. Brennan will talk with property owners in the community to see what they would like to see happen. TJPD will provide updated maps in the near future.
4.   Solid Waste (Mr. Harris and Mr. Hale)
The Solid Waste Committee met to discuss a site on Rt. 56 which is proposed as a joint purchase with Nelson County Community Development Foundation. Mr. Carter said that there would be a

Memorandum of Understanding between NCCDF and the County stating that the County will purchase the property and then NCCDF will purchase a majority of the property from the County. An assessment will be done of how the property can best be divided. The property owner is comfortable with the 60-90 day process.
Mr. Harvey asked if a public hearing will be required in order to dispose of the property and Mr. Carter said he believes it would be and will know more after he meets with NCCDF this week. Mr. Harris said they have discussed the type of waste collection site to be similar to the one at Rockfish. They have agreed to defer this decision until after the property is purchased. Mr. Carter will report back to the Board as soon as more information is received from NCCDF.
5.   Senior Advisory Committee (Ms. Brennan and Mr. Harris)
The Senior Advisory Committee met recently to discuss Project Life Saver and the JAUNT situation (see County Administrator report). An explanation of the budget items affecting seniors was also given.
6.   County Administrator
Finance is still analyzing the close-out of the FY-06 budget and at this time it appears more funds are available than anticipated. There is concern about the timing of the newa changesa change in the utility tax and more information will follow. The audit was successful.
JAUNT is having problems with funding and their board will meet later this week to determine what to do with shortfalls. Nelson’s is approximately $4600. Several scenarios were presented describing cuts to services that would need to be made without additional funding. Mr. Carter said the budget has appropriated funds for this agency and commitment for additional funds should be discouraged.
Courthouse Project - The purchase of 19 acres of property adjacent to the Courthouse is progressing. Mr. Massie Saunders, Surveyor, will provide an in-depth survey and Wiley & Wilson will have another concept to present to the Board by the September meeting.
Solid Waste – The Massies Mill site is still being considered. Westvaco was contacted about a site on Rt. 6 East and their initial reaction was that the 25 acres was not for sale. Concrete padding for the transfer station must be repaired this fiscal year because the floor is collapsing. Amherst County was contacted about the possibility of using their station while repairs are being done; however, it would cost between $5500 and $7500 for that use. In addition, their zoning ordinance prohibits trash from being brought in from other counties. Mr. Bruguiere asked if the pad could be temporarily paved and Mr. Carter said an alternate solution to replacement is being sought.
DEQ is asking for more monitoring wells in the County as part of the groundwater monitoring program. He is working with DEQ on this item. He stated that the gas monitoring program should be concluded within the next six months.
Paid EMS is almost fully staffed with 6 employees and 1 in training. It is anticipated that the service will become fully operational by the end of July. Additionally, the County has signed a contract with Diversified Ambulance Billing for revenue recovery and full operation is

anticipated with 3-6 months. . The pros and cons of instituting a subscription plan are under consideration.
The Piney River III final plan has been submitted. Easements are being worked on and a bid date of October is anticipated for the project. A future project with NCSA for extension of public water to Roseland will be funded by DEQ. Approximately 88 new connections are anticipated.
Neither requested grants were awarded to the County for Lovingston Revitalization. A master plan will be presented to the Board to determine how to keep the project active.
The Schuyler Historic District has been approved by the Department of Historic Resources at their June meeting and nomination to the Department of Interior was part of that approval. State Registry approval has been received and Federal Registry approval is anticipated.
The Veterans Memorial project contract was signed June 30 with completion date of October 1, 2006.
Three firms responded to the request for proposals for conducting a reassessment. Interviews will be completed this week so that the project can proceed.
The County is awaiting the environmental review to be completed for the Blue Ridge Tunnel project. Otherwise, the project is moving along.
Amherst County wants to review and approve plans and specifications for the Blue Ridge Trail project, so there will be a delay putting the job out for bid. VDOT has given approval to proceed.
The Region 2000 water project is in progress. It is the consensus of the work group (20-30 people from various towns and counties) to establish the project so that more in-depth analysis can be done for water requirements. Draper-Aden will continue with the grant work funded by DEQ. The larger project will be slightly delayed.
Ryan School Apartments are up and running. The County has offered to work with owners on advertising.
A Bi-Centennial Committee presentation will be made to the Board in August.
Recruiting continues for the Administrative Assistant/Assistant Clerk position. Four applications have been received and interviews will be scheduled in the near future.
July 10, 2006
Department reports are being sent electronically. Ms. Brennan suggested that the reports be condensed because of difficulties opening some of the files. Copying and distributing on CD is an option.
B.   Appointments
Mr. Carter advised the Board that an individual can be appointed to only one committeenot be appointed to both the Planning Commisssion and the EDA.. Most committees are Districtdistrict-based, but some are not. The Welfare Board members can serve for two consecutive terms only. Mr. Harris recommended that all

members should be appointed by District with Mr. Harvey saying that this is not always possible because there may not be candidates from the District where there is a need.
1.   Agricultural & Forestal Districts Advisory Committee (4 Year Term):
There are two vacancies on this committee. Ms. Brennan made a motion to appoint Mr. Andre′ Derdeyn, with Mr. Bruguiere providing the second. Mr. Hale made a motion to appoint Edward L. Embrey and Mr. Bruguiere provided the second.   Supervisors voted unanimously by roll call (5-0) to appoint Messrs. Derdeyn and Embrey to this committee.
2.   Economic Development Authority (4 Year Term):
There are five vacancies on this committee. Ms. Brennan made a motion to reappoint Mr. Greg Kelly, Mr. Alphonso Taylor, and Mr. Natt A. Hall, Jr. to this committee. Mr. Hale provided the second. Mr. Bruguiere made a motion to appoint Mr. Steve Crandall fill the position vacated by Mr. Tom Wheaton, and Ms. Brennan provided the second. The motion was amended to add the appointment of Mr. Erwin Berry to fill the position vacated by Mr. Montie Pritchett, and Ms. Brennan provided the second. Supervisors voted unanimously by roll call (5-0) to reappoint Messrs. Kelly, Taylor, and Hall and to appoint Messrs. Crandall and Berry to the Economic Development Authority. Ms. Brennan commented that past and present members have had and have a lot to offer to the County.
3.   Jefferson Area Board for Aging Board of Directors (2 Year Term):
Mr. Hale made a motion to defer these appointments until August to allow additional time to contact present members.
4.   Keep Nelson Beautiful (2 Year Term)
Mr. Hale made a motion to appoint Roger Nelson, Paulette Albright, Susan McSwain, Ann Buteau, Lynn Grosz, Gail Roussos, Gail Troy, Martin Versluys and Don Vovakes. Ms. Brennan provided the second and Supervisors voted unanimously by roll call (5-0) to appoint these members of the Keep Nelson Beautiful committee.
       5. Library Advisory Committee (4 Year Term)
Ms. Brennan made a motion to defer these appointments until August to allow additional time to contact present members.
       6. Parks & Recreation Advisory Committee (2 Year Term):
There are two new candidates for the committee; however, there have been no responses from current members. Emily Harper will be asked to make contact with these members and report back to the Board.

7.   Piedmont Housing Alliance (3 Year Term):
This appointment will be made by the Board in August.
8.   Planning Commission (4 Year Term):
Planning Commission terms expired June 30, 2006 for Mrs. Philippa Proulx, Ms. Linda Russell, and Mrs. Emily Hunt. Mr. Hale commented that the Planning Commission is one of the most important County functions and that the experience of these current members is valuable and he feels it’s to the County’s advantage to retain them on the Commission. Mr. Bruguiere viewed the situation differently, stating that there are others who are also qualified and new viewpoints would be very helpful. He stated that the PC at times is out of sync with the Board of Supervisors, and this time of election is an opportunity to get different types of experience. Ms. Brennan agreed that experience is very valuable and that these three candidates have been very diligent with their duties by making site visits, raising good questions that help the Board in making their their decisions, and much more.
Mr. Hale made a motion to reappoint the three incumbent candidates, and Ms. Brennan provided the second. Mr. Hale and Ms. Brennan voted yes, and Messrs. Harvey, Bruguiere, and Harris voted no. Consequently, the motion failed.
Mr. Harvey made a motion to defer this selection to September, 2006. Mr. Hale provided the second, and then Mr. Harvey withdrew his motion in order to eliminate a specific date for appointment. A motion was made by Mr. Harvey not to appoint Planning Commission members in August. Mr. Hale provided the second, and Supervisors voted unanimously by roll call (5-0) to approve the motion.
9.   Region Ten Community Services Board (3 Year Term):
Ms. Brennan made a motion to nominate Mr. Michael W. Kelley, Mr. Hale provided the second, and Supervisors voted unanimously by roll call (5-0) to appoint Mr. Kelley to the Region Ten Community Services Board.
       10. Service Authority (4 Year Term):
Mr. Hale made a motion to reappoint Mr. Ed Gilliam and Mr. Montie Pritchett to this board. Ms. Brennan provided the second, and Supervisors voted unanimously by roll call (5-0) to reappoint Messrs. Gilliam and Pritchett to the Service Authority board.
       11. Thomas Jefferson Community Criminal Justices Board (3 Year Term):
This appointment was deferred.
   12. Welfare Board (4 Year Term):
Mr. Hale made a motion to reappoint Ms. Mary Allen and Ms. Lynn Grosz to this board. Mr. Bruguiere provided the second, and Supervisors voted unanimously by roll call (5-0) to reappoint Ms. Allen and Ms. Grosz to the Welfare Board.

With appointments completed, Mr. Hale requested that the County Administrator’s office keep a file of applications for future use.
C.   Directives
Mr. Hale presented to the Board a beautiful picture of a bald eagle and donated it to the County of Nelson, to be hung in the Board meeting room.
Ms. Brennan has received from Mr. Gary Wood a package of evaluation information for officials for possible future use. She recommended that 2 x 2 meetings (County and School Board) be resumed. Ms. Brennan also asked if a GIS report would be available in the near future and Mr. Carter said he would talk with the E911 Coordinator. Ms. Brennan reported that Mr. Uttaro and Ms. Harper attended the meeting of the Interagency Council and that a regional plan is being developed. Information on exactly what sort of plan the county has to deal with such events as a pandemic flu or bioterrorism was requested.   She again introduced the idea of setting up a plan for Purchase of Development Rights, and requested more information about how this could be accomplished, as there may be state funding available in the near future. Without a plan in place, we would be at a disadvantage in applying for them. asked whether funds from the State could be used for legislation concerning development rights. Mr. Carter will report to the Board regarding this.
Mr. Harris asked if the Board could assist JAUNT with additional funding if there are carry-over funds available due to State funding being cut by 4%. Mr. Bruguiere said that JAUNT should be able to raise rates to a reasonable amount rather than asking the County to supplement their expenses. Mr. Hale made a motion to make an additional $2700 contribution from the County, eliminating Lynchburg service and maintaining existing fares and services.                                 Ms. Brennan provided the second. Messrs. Harvey and Bruguiere disagreed with the motion, saying that this will open the door for additional funding requests from other agencies. They will agree only if all other requests are considered, such as the library. Mr. Harvey pointed out that legal fees may need to be paid out of any excess funds the County might have. After further discussion on precedent-setting, Mr. Hale withdrew the motion and Ms. Brennan seconded the withdrawal and said that the Board should look at year-end appropriations before considering additional appropriations.
Mr. Harvey objected to reports coming in without signatures that are made part of public record by being distributed in open session. He stated that the document handed out today is full of lies and inaccurate information. Mr. Harris recommended that unsigned papers should be discarded and not presented the Board. Other Supervisors agreed.
Mr. Bruguiere presented no directives.
D.   Correspondences – None.
VII.   Closed Meeting
Going into closed session, Ms. Brennan stated: “Motion is made pursuant to Section 2.2-3711.A.5 and A.7 of the Code of Virginia for discussion of the expansion of an existing business where no previous announcement has been made of the business’ interest in expanding its
facilities in the community, and for consultation with legal counsel employed by the public body regarding specific legal matters requiring the provision of legal advice by such counsel. Mr.

Bruguiere provided the second and Supervisors voted unanimously by roll call (5-0) to go into closed session.
Return from Closed Meeting: Mr. Harvey made a motion to return from closed session, Mr. Hale provided the second, and Supervisors voted unanimously by roll call (5-0) to return from closed session.
To certify the closed meeting, Ms. Brennan stated: “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 (i) 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 in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by the public body.” Mr. Hale provided the second, and Supervisors voted unanimously by roll call (5-0) to certify the closed meeting.
VIII.   Recess and Reconvene for Evening Session
On a motion by Mr. Harvey and seconded by Ms. Brennan, Supervisors voted unanimously by roll call (5-0) to recess the meeting and reconvene at 7:30 P. M.
EVENING SESSION
7:30 P. M. – Nelson County Courthouse
IX.   Public Hearings
   A. Zoning Ordinance Amendment – Vegetative Rubbish Recycling Facility
Mr. Boger reported that on February 14, 2006 the Board of Supervisors adopted a resolution to send to the Planning Commission for public hearing a zoning ordinance amendment on the above subject, based on two previous Conditional Use Permits that were approved. On May 24, 2006 the public hearing was held and a motion to adopt a resolution recommending approval of the amendment was made to the Board on June 28, 2006.
The public hearing was opened.
Mary Gorka of Nellysford opposed the amendment stating health concerns which have personally changed for her since the grinding started. She expressed the hope that the situation can be settled without conflict.
Peter Munger of Stoney Creek stated that this change would leave it to the discretion of the Board for future applications and that this facility sounds more like an industrial operation, which does not belong in a residential area. He would like to see another location considered.
Philip Chabot stated it was important to drop pretenses and that the Board is not required to allow this type of operation. The Solid Waste Ordinance clearly states requirements for disposal and transporting of vegetative waste and the County has chosen to ignore the ordinance. It is his

understanding that the County Administrator turned down a request for a grinder to be located at the waste station.
The public hearing was closed.
Mr. Hale had nothing to add. Ms. Brennan said it was important to look at the amendment carefully to make sure it is carefully crafted. Mr. Harvey and Mr. Bruguiere had no comment. Mr. Harris said he regretted that this situation has accelerated to such a high degree of anger and inappropriateness. The issue here is the zoning ordinance amendment.
On a motion by Ms. Brennan, seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (5-0) to defer a decision on this amendment.
B.   Zoning Ordinance Amendment – Dwellings Permitted in Business District B-1
Mr. Boger reported that this amendment was precipitated by a Conditional Use Permit requested by the former St. Mary’s Catholic Church representative in order that the building be used for residential as well as business. Conditions can be placed on the permit on an individual basis.
Public hearing was opened, there were no comments, and public hearing was closed.
Ms. Brennan said it was important to be careful with the wording of the amendment.
On a motion by Ms. Brennan, seconded by Mr. Hale, Supervisors voted unanimously by roll call (5-0) to defer a decision on this amendment.
X.   Other Business
Ms. Brennan requested that the Board have a discussion on “Uses Not Provided For” in the ordinance and that possibly the zoning ordinance should be amended before approving or denying applications for uses under this section of the ordinance.
Mr. Harris said he felt zoning ordinance workshops should resume. Dates will be set at the August meeting. Mr. Harris also mentioned three roads that VDOT cannot take into their system and citizens are requesting that the County take over: Walkers Mountain Road, Ball Mountain Road, and a road going into Montreal Village. The Board agreed that at this time no action could be taken on this request.
XI.   Public Comments - None
XII.   Adjournment
On a motion by Mr. Harvey at 8:10 P. M., seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (5-0) to adjourn the July 10, 2006 meeting of the Nelson County Board of Supervisors.
______________________, Chair