PLANNING COMMISSION
Wednesday, October 26, 2011

Present: Ms. Philippa Proulx, Mr. Mike Harman, Ms. Linda Russell, Mr. Mike Tapager and Ms. Connie Brennan (Board Liaison and non-voting)

SPECIAL USE PERMIT/WILLIE PARRISH: The applicant applied for a permit to place a second mobile home on property located at 1885 Cub Creek Road, Roseland. The property is 12.59 acres and zoned Agricultural A-1. A permit is necessary because there is an existing manufactured dwelling the property and adding a second one constitutes a mobile home park. Mr. Boger noted that the existing manufactured home is used as a weekend retreat and the second home will be used for the same purpose. He reported that there is an old house on the property which Mr. Parrish has indicated he plans to remove because of its condition. Mr. Boger reported that the Health Department has determined that, if the old house is removed, the existing septic system is sufficient to handle both the manufactured home and the new mobile home.

Commissioners asked Mr. Boger whether the tax map or the GIS is correct for the property and Mr. Boger said that neither is correct. Mr. Michael Parrish (Mr. Parrish’s son) said that the property has not been surveyed. Ms. Russell asked when the existing house would be removed and Mr. Parrish said that he thought that could be done within six months.

With no public comment, Commissioners voted 4-0 to recommend approval of the permit with the condition that the existing old dwelling unit be removed within one year of final placement of the second manufactured home.

CLASS II COMMUNICATIONS TOWER, VERIZON WIRELESS/COVE MOUNTAIN LANE, LOVINGSTON: Deferred until the December meeting at the request of the applicant.

CLASS III COMMUNICATIONS TOWER, COUNTY OF NELSON/CRITZER SHOP ROAD, AFTON: The applicant applied to install a 144-foot tower as part of the Nelson County Broadband Project on property owned by Dr. and Mrs. Andrew Hodson and located at 10368 Critzer Shop Road (adjoining the American Fibers site, owned by the Hodsons). The applicant also requested an exemption to 20-8-3 “Proximity to an Existing Tower”; 20-7-2e “viewshed of a designated Scenic By-Way”; an exception to 20-7-2a requiring 125% of the tower height to the property line; and an waiver of 20-7-5k(1) landscaping requirements. The proposed site is with one mile of a Verizon tower on Critzer Shop Road (the ordinance requires two miles). In addition, both Critzer Shop Road and Afton Mountain Roads are Scenic Byways and the proposed tower would be within both viewsheds. The applicant requested the waiver of the landscaping requirement due to the natural vegetation already screening the site.

Mr. Boger reported that an E&S plan is not required; the Virginia Department of Historic Resources issued a finding of “no adverse effect” on historical properties and/or structures in the area; VDOT has approved access off Rt. 151; and the FAA has noted no impact. He noted that information has not been submitted on how utilities would be brought to the site and their location, nor has a letter been received from an engineer certifying that the tower has been designed to collapse upon itself rather than falling over.

Mr. Steve Carter, representing Nelson County, said that the proposed tower is a part of the county’s Broadband Project and would serve approximately 800 households. He noted that the engineers looked at several site and chose the proposed site for the best service to the most households. Mr. Carter said that the engineers will provide a letter of certification once the tower has actually been designed. He noted that the Project will begin at Amoco Fibers, go to Rt. 6, across Rt. 6 and up Rt. 29 to Colleen, utilizing 5 towers (the proposed; one proposed for Martin’s Store on Rt. 151; one in Massies Mill; one at the Courthouse in Lovingston; and one at CVEC in Colleen).

Ms. Russell said that the ordinance lists Class III towers as 95’ to 130’ and an exception should have been requested and advertised for a tower of 144 feet. Mr. Boger said that the advertisement noted an application for a 144-foot tower so an exception did not have to be requested. Ms. Russell disagreed. She then asked what the Commission was being asked to make a recommendation on and Mr. Carter said just the actual tower. The county will return to the Planning Commission once a provider is identified for approval of specific antennas. Ms. Proulx said that she was perplexed why the county chose that site in the middle of a residential area. Mr. Carter said that the property is next to an industrial parcel and provides the best coverage. Ms. Russell said that the same coverage could be accomplished using more, shorter towers. She then asked whether any attempt was made to obtain agreements from the property owners within the fall area and Mr. Carter said that no attempt was made.

During the Public Hearing, MR. MICHAEL TANCYUS, an adjoining landowner, said that there had not been adequate notice as the letter from the county was only received this week. He said that he is opposed as high-speed internet is already available in the area. He also voiced concern with health issues, impacts on wildlife, the negative impact on area property values, and the lack of information on how this tower will be designed. Mr. Tancyus said that the parcel is a small piece of land and the tower will negatively impact many.

MR. MARK SHANKMAN, an adjoining landowner, said that his house is approximately 144 feet from the tower and he has plans to build a house for his in-laws on the parcel next to the tower site. He expressed opposition as the tower would lower his property values and is less than ¼ mile from Rt. 151, a tourism route. (Note: Ms. Russell pointed out that the tower is actually 125 feet from his property line and 344 feet from his house.)

MR. MARK ROSENTHAL, adjoining property owner, said that a Class III tower is 95 feet to 130 feet, not 144 feet. He said that the tower should be at least 180 feet from all property lines. Mr. Rosenthal said that the front of his house is all glass and faces the tower so he will have to look at 60 feet of this tower over the tree line every day.

MS. SUZANNE ROSENTHAL, adjoining property owner, said that a tower that requires five exceptions is clearly not in the right site. She said that the county is not following its own ordinance and will destroy two Scenic Byways.

MR. GREG TRUMAN, Rt. 6 (behind the American Fibers plan), said that the neighbors are a community and the tower will be an eyesore. He said that the site is not appropriate and the tower will lower all property values.

MS. CHRISTINE SHANKMAN, said that she has concerns about being so close to the tower and does not want the tower to take away the beauty of Nelson County. She said that there are lots of other places in the county for the tower.

MS. ELLIE RAY, Afton Mountain Road, said that she is opposed and would have to look at the tower every day.

DR. ANDREW HODSON, Veritas Works, LLC, said that he was approached about the Broadband Project with the engineers choosing the most favorable site at American Fiber, which is zoned industrial. He said that there is already a large silo there. Dr. Hodson said that he takes exception to being vilified and is a good neighbor, raising over $100,000 a year for Nelson County. He said that he will walk away and let the county put the tower elsewhere.

MS. CONNIE MILLER, Magnolia Acres, said that due diligence has not been done on the proposed site. She criticized the way the county does business, noting the questions about tax maps and GIS and questions about the advertisements.

Following public comments, Ms. Proulx explained that the county had advertised in the Nelson County Times twice as the newspaper of record; that the county policy is to notify all adjoining landowners, which had been done; and apologized that the notifications were received so late but said that the requirements for notification were met. Ms. Russell noted that federal law does not allow the county to consider health issues related to towers.

Mr. Tapager said that part of the problem is that people only get involved when their property is threatened and then do not understand the process. He said that Mr. Boger is doing the best he can with a staff of one and each Commissioner and Supervisor is doing their best to interpret and fairly apply the ordinances and regulations. Mr. Tapager said that this is a county project and he is saddened that the county did not get the neighbors involved in the process sooner. He said that the neighbors also have to understand that there is an industrial area next to them and they live in a transitional area. Mr. Tapager said he has always believed that when a subdivision is put in, the area should be rezoned to Residential instead of remaining Agricultural. He said that it also saddens him that Dr. Hodson has been put in the middle with a tower that he did not solicit.

Mr. Carter said that he would be happy to go back to the consultants to ask them to look at other sites but noted that the process is very time consuming and the county needs to move forward with speed. He noted that the county may come back with the same proposal. Ms. Proulx said that she would be thrilled with a new site. Ms. Brennan said that the county felt very lucky to get the Broadband Project as there are a lot of residents who want to be able to work from home and having high speed internet would allow them to do so. She said that Dr. Hodson and his family have contributed a great deal to this county and he did not search the county out for a tower site. Mr. Harman said that he would like to see another site chosen and he has problems with the height.

Commissioners voted 4-0 to defer further discussion until their November 16th meeting. (NOTE: If the applicant comes back with the same proposal and site, there will not be another public hearing before the Planning Commission. If the application changes, there will be a new advertisement and the process will begin again.)

CLASS III COMMUNICATIONS TOWER, COUNTY OF NELSON/ROCKFISH VALLEY HIGHWAY: The applicant applied to install a 144-foot tower on property owned by Central Virginia Electric Cooperative at 5519 Rockfish Valley Highway at the intersection with River Road (southwest side of Martin’s Store electric substation in Afton). The applicant requested the following waivers and exceptions: Section 20-7-5k(1) landscaping requirements; Section 20-8-3 two-mile separation requirement between towers; and Section 20-7-2e one-mile setback from a designated Scenic Byway.

Mr. Boger reported that this tower application includes a 3 1/2’ dish antenna for CVEC and will require an E&S plan. He noted that the site will use the existing driveway and the FAA has noted no impact. Mr. Carter noted that the proposed tower will serve up to 1,100 homes. Ms. Russell suggested that the county reconsider their plan for a motion sensor light as every deer that passes by will trigger the light.

With no public comment, Commissioners voted 4-0 to recommend approval of the tower with the following:

1) Approval of the waiver to the landscaping requirements in 20-7-5k(1);

2) Recommended approval of the waiver to 20-8-83 for the tower separation and 20-7-2e for the setback from the Scenic Byway and 20-8-1 for the height of the tower;

3) Recommended approval of installation of one microwave dish for CVEC;

4) Removal of the existing 85-foot tower;

5) Final E&S approval;

6) Recommendation that the light be an on/off switch rather than a motion-sensor light; and

7) Recommendation that the tower be painted a brown color approved by the Director of Planning & Zoning.

Meeting adjourned.

NOTE: The November Planning Commission meeting will be held on Wednesday, November 16th due to the holidays.

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

BOARD OF SUPERVISORS
Thursday, July 28, 2011

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

RURAL HEALTH INITIATIVE PROGRAM – Mr. Gary R. Pond presented information on the program to provide health care to rural veterans. Information on the program is available at http://www.vba.va.gov/VBA/ or http://www.blogs.va.gov/VAntage/

CLASS III COMMUNICATION TOWER, WITH EXCEPTIONS APPLICATION – Central States Tower has submitted an application to construct and maintain a 125-foot communication tower to provide cellular, data and emergency services. In addition, the application includes a request for an exception to Section 20-7-2a, Distance to property line, to reduce the required 156.25 foot fall area to the nearest property line to 63.5 feet to the nearest property line. The property is the former Gladstone Rescue Squad property at 8786 Richmond Highway in Gladstone and is zoned Agricultural, A-1. (Note: Public Hearing held at the August 5th meeting.)

Mr. Johnson said that he had talked to many seniors in support. Ms. Brennan asked how many seniors and Mr. Johnson said 10. Ms. Brennan said that she thought there might be a better site for the tower. Mr. Boger reported that there is a ½-acre site behind the fire station which is higher than the proposed site. He said that the tower could be set back into the woods or there is a property to the north that is higher and could work.

Mr. Hale moved (Ms. Brennan seconding) to follow the recommendation of the Planning Commission to ask the applicant to look for another, better suited, site. He said that the Commission’s reasons for the recommended denial are spelled out and clear and the applicant has not looked at other sites. Ms. Brennan agreed, saying that the Commission was very clear and offered the applicant several opportunities to get their application in order and they did not. She said that the applicant did not look at other sites.

Mr. Harvey said that there are towers everywhere and they do not bother him. He said that this is a golden opportunity for emergency services there. Ms. Brennan asked what is happening with that property and Mr. Payne said that it is the county’s land. Ms. Brennan asked whether it will revert to the fire department. Mr. Payne said that that is up to the county.

Mr. Hale said that there are no towers in his neighborhood and if someone proposed putting up a tower with a fall zone on his property, he would object. He said the he believes another site would provide the needed service. Mr. Johnson said that his Broadband member says that the tower would allow him to reach everyone there with service. Ms. Brennan said that everyone on the board wants to provide service the people of the county and emergency services but that the question is whether the site is the best place for the tower. She noted that the application was one of the worst applications received by the Commission. Ms. Brennan said that either the county is going to follow its own process or not and the applicant should have looked at other sites.

Supervisors voted 2-3 on the motion – Mr. Hale and Ms. Brennan voting yes – Mr. Harvey,

Mr. Bruguiere and Mr. Johnson voting no.

Mr. Bruguiere moved (Mr. Harvey seconding) to approve the application with exceptions. Supervisors voted 3-2 – Mr. Harvey, Mr. Bruguiere and Mr. Johnson voting yes – Ms. Brennan and Mr. Hale voting no.

Meeting adjourned.

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

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

PUBLIC COMMENT – Ms. Judy Barnes, Afton, said that the tower on Rt. 151
(across from Rockfish Presbyterian) is way over the trees and no landscaping
has been done. She also said that the AT&T tower on Rt. 29 was to have been
a co-location but that there are two towers. Supervisors directed staff to
research both of Ms. Barnes questions and report back.

VDOT REPORT – Mr. Kevin Wright reported that the following Rural Rustic
Roads are planned for completion by late summer:

– Rt. 827 Glenthorne Loop (Nellysford)
– Rt. 661 Phoenix Road (Arrington)
– Rt. 641 Eades Lane (Lovingston)
– Rt. 807 Parrish Lane (Tyro)
– Rt. 726 Donahue Lane (Bryant)

He noted that several other Rural Rustic Roads would be done by contract and
completed next spring, including Ennis Mountain Lane in Afton.

PAVING/LOVINGSTON RESCUE SQUAD STATION #2 – After review of estimates,
Supervisors voted 5-0 to authorize funding not to exceed $40,000 for paving
of the station drive and parking area. Supervisors directed staff to take
the funding from a $130,000 EMS loan due to be repaid to the county this
year.

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

– Solid Waste – boundary survey of Cove Valley site in process with
preliminary site design to follow;
– Broadband Project – public hearing to establish a local wireless
authority advertised for May 28th;
– Radio Communications Project – RCC Consultants, Inc has been chosen to
provide engineering and design services for the county’s radio
communications project;
– Ferguson’s Store/Roseland Water Line Extension – project options and
cost projections to be presented at the May 28th meeting; and
– Health Department – the VA Dept of Health has given authorization for
Thomas Jefferson Health District to work with the county and Region Ten
staff towards relocating the Nelson County Health Department to Region Ten’s
new facility in Lovingston.

BUDGET WORK SESSION/SCHOOL FUNDING – Dr. Roger Collins and Ms. Shannon Irvin
presented the School Board’s report on their budget, noting a shortfall of
$267,883 after budget reductions and revenue shortfalls. Ms. Irvin reported
that state and sales tax revenues are less than anticipated. She noted that
stimulus monies are very clearly restricted as to use and reporting
requirements. Ms. Irvin noted that, due to economic conditions, the budget
was created with no new initiatives, no requests for additional staff, no
salary adjustments or increases in fringe benefits.

Mr. Hale noted that the county had a significant decrease in Personal
Property taxes with 1,600 fewer vehicles in the county this year resulting
in utilization of a different method of valuation and a tax increase for the
citizens. He reported on two calls he had had from constituents as examples
of what the citizens are dealing with in this economy and how the county has
had to make up their revenue shortfalls:

– a resident who owns a pickup truck with over 300,000 miles on it whose
value just increased for Personal Property Tax valuation; and
– a homeowner whose home was assessed at $486,600 but upon refinancing,
the appraisal came in at $402,000 – resulting in his paying taxes on $84,600
in value that is not there.

Further discussion tabled.

APPOINTMENTS – Supervisors voted unanimously to reappoint Jean Holliday as
the South District representative to the Nelson County Library Advisory
Committee.

BUDGET WORK SESSION – After discussion of the School Board request,
Supervisors voted to provide an additional $165,000 in funding and directed
staff to reallocate the funds as follows – $90,000 from the EMS loan
repayment to the county and $75,000 saved from purchasing only four new
buses this year instead of the five budgeted. Supervisors also voted
unanimously that if the School Board could identify any carryover money or
savings, the money would be reappropriated to their capital budget to pay
for the roof at Tye River Elementary.

(NOTE: The budget public hearing will be held at 7:30pm on Thursday, May
28th at the Courthouse.)

HIGH TOP COMMUNICATIONS TOWER – The VA State Police, Nelson County and
Central VA Electric Cooperative applied for a permit for a 160-foot Class
III tower with a concrete equipment shelter, a 1,000-gallon propane tank and
a 50′x50′ fenced area with a waiver of the landscaping requirements and a
reduction of the 2-mile distance between the tower and another Class II or
Class III tower.

During Public Comment, Ms. Judy Barnes, Afton, expressed concerns about the
health aspects of the tower with microwave emissions. Following the Public
Hearing, Mr. Carter noted that there are no federal or state regulations
that make the health question relevant at this time. Mr. Bruguiere said
that he is fully in favor of the tower as all three entities need it. Mr.
Hale asked about the traffic required to maintain the site and all three
entities said that once a month is typical.

Mr. Hale expressed appreciation for the State Police agreeing to lower the
tower to 160 feet from the original 199-foot requested. He noted, however,
that the Planning Commission and recommended approval with limitations on
the number of antennas. Mr. Bruguiere said that that was over-regulation
and the three entities do not know what they might need. Mr. Boger noted
that the ordinance requires that information and that the Planning
Commission has required that information in the past. He noted that the
Commission did provide some flexibility in the number of antennas that they
approved. Mr. Bruguiere said that, in his view, it is advantageous to put
as many antennas as possible on one tower rather than add towers.

Supervisors voted 5-0 to adopt a resolution approving the tower with the
waivers requested and without a limit on the number of antennas. Mr. Hale
noted his reservations about changing the Commissions recommendations and
Ms. Brennan said that the county should know what is going to be on the
tower. Mr. Johnson said that he does not want to restrict changes.

Meeting adjourned.

Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may
be reprinted or excerpted with attribution.

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

COURTHOUSE PROJECT/TOWER LOCATION – Ms. Susan Rorrer reported that a 95-foot
monopole tower in a 50′x50′ fenced compound with a 12′x40′ equipment
shelter, emergency generator and propane or diesel fuel tank are planned for
the courthouse complex to provide communications for the new Emergency
Communications Center. She said that the site will provide a direct
microwave link to the tower proposed for High Top Mountain. Ms. Rorrer
presented two options for locating the tower – both northeast of the new
building with the second option approximately 75 feet northwest of the first
option. She noted that both sites have positives and negatives with the
first option being less visible.

Ms. Brennan said that she is disappointed that the Board did not hear about
the tower some time ago so members could have had time to think about the
location. She said that she believes the first option is the better choice.
Mr. Johnson asked whether there would be screening and Ms. Rorrer said that
staff has not yet gotten into those details but has focused on locating a
site to allow for completion of the design for conduit, cabling and power to
the site. Ms. Brennan asked that the design leave sufficient room to buffer
the site with some plantings. Mr. Bruguiere agreed that the first option
was the best and suggested using plastisol – black fence – so the galvanized
chainlink fencing would not be so obvious. Supervisors agreed by consensus
to direct staff to move the first option site as far to the east as possible
(given topography) to minimize the view.

2009 PERSONAL PROPERTY TAX RELIEF – Ms. McCann presented a resolution to
establish the tax relief rates, noting that the present relief is 59% and
recommending 55% as follows:

– Qualified vehicles with an assessed value of $1,000 or less will be
eligible for 100% tax relief;
– Qualified vehicles with an assessed value of $1,001 to $20,000 will be
eligible for 55% tax relief;
– Qualified vehicles with an assessed value of $20,001 or more will be
eligible to receive 55% tax relief on the first $20,000 of assessed value;
and
– All other vehicles which do not meet the definition of “qualifying”
(business use vehicle, farm use vehicle, motor homes, etc.) will not be
eligible for any form of tax relief under this program.

Supervisors voted 5-0 to adopt the resolution establishing the tax relief at
55%. Mr. Harvey said that he wants staff to track whether the state funds
the county receives for tax relief compare with the tax dollars paid by
residents, as there should not be a lot of money left over if those dollars
are supposed to go to tax relief. He said that he thinks this is another
backdoor way to raise taxes. Ms. McCann said that the staff estimates have
been within approximately $50,000 a year since the state changed their
reimbursement program a few years ago.

FY09-10 BUDGET – Staff reviewed the following:

Debt Service Fund – $3,077,301 pays all debt except a portion of the
middle school/high school project debt;
Capital Fund – $228,664 supports debt for the high school/middle school
project; the last contribution toward debt service of approximately $100,000
anticipated in FY11 leaving a fund balance of approximately $1.8 million
which could be used to supplement debt service or for other capital
projects.
Piney River Water/Sewer Enterprise Fund – expenses billed to the county by
the Service Authority for maintenance and billing have been substantially
higher than anticipated and operating expenses are anticipated to exceed
revenues by $71,367.
General Fund Revenues – Personal Property Tax revenues revised to reflect
a change to 90% of retail value resulting in decreased revenue of $248,087;
a decrease of $531,439 in total revenues (including all changes to local,
state and federal revenues)
General Fund Expenditures – After a correction of $49,890 and an
additional transfer of $36,675 for expenses to support the Piney River
Water/Sewer operations, the decrease to expenditures were $32,240.
Contingency Fund – Reductions in recurring revenue, non-recurring revenue
and contingency for Capital Improvements resulting in a decrease of $266,981
(reducing the contingency from $676,842 to $409,861).
School Funding – Mr. Bruguiere reported that School Board staff had noted
a $267,000 shortfall remaining after level funding their budget and
including stimulus money. Mr. Carter reported that his calculations
indicated a $100,000 surplus. Supervisors directed staff to work with
School Board staff to develop an accurate presentation and set up a meeting
with the School Board staff and any School Board members who could attend at
the May 12th afternoon meeting. Supervisors directed staff to then
advertise the budget for a May 28th public hearing. Supervisors voted 5-0
to adopt that schedule (May 12th joint meeting/May 28th public hearing).
Supervisors tabled discussion of a list of possible budget considerations
- reductions to expenditures and increases to revenues – to allow them to
review the information.

Meeting adjourned.

Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may
be reprinted or excerpted with attribution.

©2009 NCL Magazine : A tower crew attaches antennas to the top of the newly installed Ntelos Wireless tower along Route 151 across from Rockfish Presbyterian Church. Click any image for larger view.

Afton/Faber/Nellysford
Nelson County, Virginia

Updated 9:20 AM EST 2.12.09
Since we posted this original story earlier today, we had another conversation with John Apesa in nTelos’ wireless division. Thursday morning John told us that nTelos is kicking off a special promotion for folks here in Nelson. They will be offering the mobile broadband aircard for .99 cents and unlimited monthly mobile broadband internet for $39.99 per month. “With our recently installed sites on both the mountain and in the valley, our coverage in Nelson will be very good,” John told us in a telephone conversation today. For people to get that offer, they must call John Apesa direct at 540.457.2000 or you can email him at apesajo@ntelos.com Though John could not give us an exact date on when the newest site in this article will be up and running, he said it would be very, very soon and that would greatly increase the range of mobile broadband. Though some customer reps have told Nelson residents they can’t get nTelos broadband, John says many of the new sites coming online haven’t caught up with the information the reps have on hand and most people will be able to get the service.

Look for many more updates on this in the coming days!

Earlier post
As we have been telling you over the past several weeks, nTelos Wireless has been on an aggressive plan to continue improving their network of wireless capability in Nelson County. “Most recently, nTelos added coverage to our footprint around the Wintergreen Lodge and mountain top communities. This coverage enhancement strengthens our in building penetration as well as provide high speed data services 3G to the area. We also activated a new cell site that provides outstanding coverage to the Stoney Creek Golf area and surrounding communities. This coverage improvement also extends the nTelos voice and 3G footprint to the town of Nellysford that was previously not serviced by nTelos,” Mike Minnis, with nTelos in Waynesboro tells NCL Magazine.

The new tower in conjunction with other completed nTelos sites will greatly expand the coverage area of wireless broadband capability in the county to areas that currently have few options for high speed internet. A plan underway to provide broadband over power line (BPL) has yet to be implemented and is many months behind schedule in getting service to customers. Verizon Wireless is in the process of consolidating its recently acquired Alltel network in Nelson and other areas over to higher speed EVDO service and mobile broadband as well. The nTelos tower was approved last year after some opposition by residents living nearby.

Off to the left in this photo (west of Route 151) a crew can be seen in the distance working on the single monopole that holds the antennas.

“The most exciting part of the network enhancements is the launch of our 3G mobile broadband network throughout Virginia and West Virginia. This provides broadband service to areas that have not had broadband service available to them or another choice for service in areas that do have broadband available,” Minnis continues.

Several other monopole installations have already been completed in Nelson such as one behind The Wintergreen Fire Department in Stoney Creek put in by AT&T in late 2007. Others have been installed along Route 29 east of the Rockfish Valley.

No specific date was given by Minnis for activation of the nTelos site, but work has been ongoing daily and service from the new facility is expected within a few weeks at most.

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

VIRGINIA DISTILLERY COMPANY/EADES HOLLOW DISTILLERY – Mr. Jim Taggart, Mr.
Chris Allwood and Mr. Joe Hungate presented the master plan and preliminary
site plan for the distillery.  They noted a planned $5,000,000 investment in
Nelson County over the next 2 years with another $2,000,000 to be invested
during years 3-6.  The plans include the employment of 19 people by year 4
with an estimated 35+ local jobs in the supply chain to the distillery.  Mr.
Allwood reported that the distillery expects to purchase 700 tons of
Virginia barley a year, currently exports to five US states and plans to
export worldwide.  Mr. Hungate said that the distillery will be a good fit
with Nelson’s agri-tourism industry.  The distillery will offer tastings and
sales and will be developed under a phased plan.

VDOT REPORT – Mr. Kevin Wright reported that the workshop and public hearing
on the six-year plan will have to be delayed pending definitive information
on funding impacts.  He said that, due to the economic downturn, VDOT is
expecting $2.1 to $2.6 billion less in revenue over the next six years and
will be making fundamental structural changes to the organization.

Mr. Wright reported that paving will be done on Phoenix Road and Glenthorne
Loop in the spring.  He also reported that the 45mph speed limit has been
posted between Rt. 6 and Nellysford.

Mr. Harvey asked that VDOT being the process to lower the speed limit to
45mph from the south end of Nellysford to Rt. 664 (Beech Grove Road) and
from the north end of the 45mph to Rt. 250.

INDIVIDUAL SEPTIC SYSTEMS – Mr. Jeff McDaniel with Virginia Department of
Health (VDH) reported that the VDH regulations on individual septic systems
were written for the state but that each county has different needs.  He
noted that the current VDH regulations require up to a 50% reserve area
depending on the type of soil.  Mr. McDaniel said that counties should
consider where public sewer systems will be available in the future and what
the expected life span of a house might be when establishing regulations.
He said that an individual septic system needs longevity for the initial
system and in case of failure.  Mr. McDaniel, noting the proposed ordinance
amendment to require a 100% reserve, said that good soils in Nelson are the
exception and not the rule – that the average soils are Class 3 (Class 1
being the best soil and Class 4 being the worst) which need at least a 50%
reserve area.

Ms. Brennan asked how a 50% reserve area would work if a septic system were
to fail in Class 4 soil.  Mr. McDaniel said that the owner can often still
use some of the old drainfield with pretreatment to decrease the footprint.
He noted though, that pretreatment or any other alternative system is
expensive to install and requires ongoing maintenance.  Mr. Bruguiere said
that much depends on the size of the lot – that an owner can often do an
additional 50% if needed over and above the 50% permitted.  Mr. Johnson
asked whether Mr. McDaniel, as a health official, would suggest a 100%
reserve area.  Mr. McDaniel said that the county should consider 100%,
noting the expense for an owner to pre-treat and the extreme expense to
extend public sewer lines.  Ms. Brennan asked what would happen if the
ordinance required a 100% reserve area and that could not be found on a
property.  Mr. McDaniel said that it would be up the county to decide
whether an exception could be granted.

Mr. Harvey suggested requiring a 50% reserve for Class 1 & 2 soils and a
100% reserve for Class 3 & 4 soils.  Mr. McDaniel said that that could be
done but was not sure how easy it would be to do administratively.  When
asked about alternative systems, Mr. McDaniel said that those systems should
certainly have 100% reserve areas.

Supervisors voted 5-0 to adopt amendments to:

- Section 12-1-4 of the Zoning Ordinance to require that Class 1 & 2 soils
have a 50% reserve area and all other soil types to have a 100% reserve;
- Section 12-1-5.1.1 to require that alternative waste treatment systems
be approved by the VDH and/or VDEQ and that they have a 100% reserve area;
and
- Section 12-1-6 to require any other information deemed necessary by the
Zoning Administrator.
- Section 4-4 D.2 of the Subdivision Ordinance to require that Class 1 & 2
soils have a 50% reserve area and all other soil types to have a 100%
reserve;
- Section 4-4 D.3 to grant exceptions to required septic system and
reserve for residue lots of 20 acres or more with a statement on the plat
and for lots with an existing on-site septic system approved by VDH.
- Section 4-4 E.2 to require a 100% reserve for alternative waste
treatment systems.

NELSON MEMORIAL LIBRARY FUNDING – Supervisors voted 3-2 (Mr. Bruguiere and
Mr. Hale voting no) to approve $2,600 in additional funding for additional
substitute staff hours.  Mr. Hale said that this request has been made and
considered at least twice before outside the regular budget cycle.  He said
that the Board will be facing many demands for additional funding.  Mr.
Bruguiere said that volunteers should be utilized and requests for funding
should not be approved outside the regular budget cycle.

BOARD OF ZONING APPEALS – Supervisors voted 5-0 to approve a resolution to
provide funding not to exceed $3,000 to allow the BZA to obtain advice of
legal counsel relating to an appeal of the Planning Director’s decision on
division rights by Mr. and Mrs. Donald Hall.  Mr. Phil Payne, County
Attorney, advised that it would be a conflict of interest for him to
represent the BZA in this matter.

CONSTITUTIONAL OFFICES SALARY SUPPLEMENTS – Mr. Carter reported that,
although final state figures have not yet been received, it appears that the
Compensation Board is going to reduce funding for Constitutional Offices
(Commissioner of Revenue, Treasurer, Registrar, Circuit Court, Commonwealths
Attorney, Sheriff, Sheriff Dispatch/Office) by approximately $18,000 -
funding budgeted to provide salary increases in December.  Mr. Carter noted
that, in 2006, the Board had established a policy of supplementing the Comp
Board’s shortfall on salaries for the offices and asked for the Board’s
direction on the current shortfall.  Mr. Johnson noted that a salary
supplement of $18,000 for December-June would not go away for the county and
would multiply in future cycles.  Mr. Bruguiere said that he did not see how
the county could fund the shortfall as the state will be cutting funding in
a lot of areas.  Mr. Hale said that it is fine to say that the county is
going to pay for all these things but that at some point, it will translate
into raising taxes.  Supervisors voted 5-0 to fund the shortfall.

CLOSED SESSION – Supervisors went into closed session to consult with legal
counsel on the acquisition of real property fro use as the Faber/Schuyler
Collection Site.  Following the closed session, Mr. Hale reported that he
and Mr. Harvey had attended a meeting on the 17th of the Cove Valley
Recreation Center membership and presented the county’s generous offer for
the property needed for the collection site.  He noted that since that
meeting, the vote has been reported to the county as 17-14 in opposition to
the sale to the county.  Mr. Hale said that there may be some votes
outstanding but nothing further has been reported.  He said that, at
present, the county is again at a standstill.  Supervisors agreed by
consensus to direct staff to request that the Commissioner of Revenue
prepare and send Cove Valley a bill for current and past taxes owed on the
property.

BOARD DIRECTIVES -

- Mr. Johnson asked staff to develop the language required to establish a
Broadband Authority.
- Ms. Brennan said that an energy audit is needed to establish ways to cut
energy use in the new courthouse complex; asked about a committee to review
the cell tower ordinance (Mr. Boger reported that the Planning Commission
will be establishing a committee to do the review); and asked about the
status of the Comp Plan review (Mr. Boger noted that he is working on the
data and charts for the review.  Ms. Brennan suggested that a Commissioner
could help get that information together so the review could move forward.)
- Mr. Hale said that he would like a report and recommendation from staff
on the recycling cans at Wintergreen, noting that he understands they
continue to be contaminated with trash.  Mr. Hale then asked about a memo
distributed by Mr. Carter requiring that Mr. Carter and Mr. Payne review all
applications received by the Planning Department.  Mr. Hale reported that he
had received a call from an applicant claiming that issues related to the
application had been worked out with Mr. Boger and he was then advised that
Mr. Carter and the county attorney had a different view so the application
could not move forward without a written reply from Mr. Carter.  Mr. Hale
expressed concern that the process is getting more cumbersome.

Mr. Carter said that he disagrees, that he is not trying to make the process
longer or more difficult.  He said that it was not that he would not respond
to the person in question but that information should flow through Mr.
Boger.  Mr. Carter said that the Board should stay out of it and let him do
his job as the Board did appoint him the Zoning Director.  Mr. Hale said
that he did not understand why Mr. Carter would not talk to the party
involved.  Mr. Carter said that he did not say he would not talk to him, but
did tell the party to put the comments in writing.  He said that the policy
is nothing new and asked what the Board wants.  Mr. Carter said that at the
Board’s retreat, the Board was happy with this procedure and asked why the
reversal.  Mr. Harvey said that it is not a reversal for him as he has felt
all along that this would delay the process.  Mr. Carter said that he is
trying to make sure applications are complete before they move forward.  He
said that the concern is that the process moves forward too quickly without
the application being complete but that he will do whatever the Supervisors
want.  No action taken.

APPOINTMENTS – tabled.

REZONING/MR. & MRS. CURTIS BRUGUIERE – The applicant has applied to rezone
1.10 acres of land located at 1897 and 1889 Avon Road in Afton from
Residential, R-1 to Business, B-1 Conditional, to permit use of a small area
of the existing (non-conforming) building as a real estate office for
himself and continued use of the remaining portion as a neighborhood
convenience store to be operated by someone else.  The applicant proffered
away uses under B-1, including gasoline filling stations, but retained
several uses – primarily 8-1-2 “Retail drugstores, feed and seed stores,
food sales and restaurants, wearing apparel shops, auto and home appliance
services, banks, barber and beauty shops, hardware stores, offices and
personal and professional services.”  The applicant first requested rezoning
to B-1 in 2002 (applicant withdrew) and again in 2005 (BOS deferred action
to allow applicant time to consider alternative ways to accomplish the end
result of operating a real estate office at the location).  The applicant
then applied for rezoning to Agricultural A-1 with a Conditional Use Permit
for the office and a Special Use Permit to change Anderson’s Grocery from
non-conforming to conforming as a neighborhood convenience store.  The
request was subsequently denied for failure to provide a survey describing
the property and dwelling, as well as consideration of public sentiment
opposing the rezoning.

Mr. Boger reported that staff has no objection to the real estate office but
felt that the appropriate way to establish the real estate office in the old
Anderson’s store building was to rezone to Agricultural, A-1 with a
Conditional Use Permit for an office.  Mr. Curtis Bruguiere reviewed the
history of his applications and expressed his opinion that there are
underlying issues that began with the Planning Commission and continued with
the Board of Supervisors.

During Public Comment, MR. ROY WHITE asked the Board to permit only the
store and office without the rezoning to B-1.  MS. DONNA SMALL said that a
rezoning would have a negative impact on the community as B-1 allows for
smaller setbacks and more uses.  She asked that the Board limit the uses to
the store and office without the rezoning to B-1.

Supervisors voted 3-0 (Mr. Harvey and Mr. Tommy Bruguiere abstaining) to
deny the rezoning for the following reasons:

1. the rezoning request is speculative rezoning;
2. the rezoning is not compatible with the Comp Plan in that the area is
not designated as a growth area;
3. the rezoning is not compatible with the current zoning and uses in the
area which are residential in nature, including this lot which is
residential;
4. no documentation has been received stating that the lot could meet
current VDOT standards if a real estate office were permitted; and
5. the acreage on the application is not the same as the acreage on the
plat.

Ms. Brennan said that Mr. Bruguiere can have a real estate office in the
store by rezoning to A-1, which would be the simple solution.  Mr. Johnson
said that the county needs to review the Comp Plan and the Country Store
Ordinance but that he would like to see an office there.  Mr. Hale said that
the parcel is a residential lot with a non-conforming store.  He noted that
B-1 zoning would mean that the owner could remove the residence and store
and put in a new business – such as the restaurant or larger convenience
store that the applicant has talked about.  Mr. Hale said that since the
store has been there, the character and traffic in that area has changed.

CLASS III COMMUNICATIONS TOWER/NTELOS – Ms. Valerie Long, representing
nTelos, presented photos showing the towers that could replace the requested
130-foot tower on the Kier/White property on Rt. 151.  Two towers would be
required, one on each of two properties where the owners expressed initial
agreement to consider leasing space.  One of the properties would require an
80-foot pole, which would be highly visible for a great distance along Rt.
151 (north and south) as there are no trees on the property to provide
screening.  The second property would require an 80-foot or 95-foot pole,
both of which would be visible from various locations along Rt. 151.  Ms.
Long noted that poles at both sites would still result in signal quality
shortcomings.

Mr. Hale said that he has a problem with approving a 130-foot tower on a
scenic byway as it will change the character of the area.  He noted that the
consultant had suggested that the tower height could be reduced to 30 feet
over the tallest vegetation or 119 feet.  Mr. Hale said that nothing would
preclude the landowner from clear cutting and then the tower would be very
visible.

Mr. Bruguiere said that nobody was concerned when the county approved towers
on the other end of Rt. 151.  He said that people want cell coverage and
that this is a way to get broadband and wireless service.  Mr. Bruguiere
said that there are too many positives to approving the tower and it would
not compromise the scenic byway by installing one pole.  He said the county
is going backwards.

Ms. Brennan said that nTelos has done everything possible to prepare a
complete application but that she has a problem with a tower on the scenic
byway.  She said that she has had many calls and emails about this issue and
that no one, other than emergency services, has spoken in favor of the
tower.  Ms. Brennan said that there is never going to be complete coverage
in Nelson County and that interrupted coverage is not that big a deal.

Mr. Harvey said that it is ironic that there is so much concern about a
scenic byway when the power substation at Rt. 6/Rt. 151 is the ugliest thing
on 151.  He said that the high-tension power lines are much more visible
than the proposed tower will ever be but said that he would like to see the
tower lowered to 120 feet.

Supervisors voted 4-1 (Ms. Brennan voting no) to approve a 120-foot tower
(excluding the height of the lightening rod) and grant the exception to the
Section 20-7-2e (to locate a tower within the viewshed of a scenic byway)
for nTelos.  Ms. Brennan noted that there was some concern that the bottom
of the pole would be visible and representatives from nTelos agreed to
provide vegetative screening around the pole.

Meeting continued to December 2nd at 5:00pm for a meeting to conduct the
County Administrator’s performance evaluation.

Copyright 2000-2008 by Rural Nelson, Inc. All rights reserved. Reports may
be reprinted or excerpted with attribution.

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

CLASS III COMMUNICATIONS TOWER/NTELOS – The applicant has applied for a
permit to construct a 130-foot metal tower with three flush mounted antennas
at 5016 Rockfish Valley Highway. The application includes a requested
exception to Section
20-7-2e which prohibits a metal tower within the viewshed of a Scenic Byway.
Mr. Boger reported that the applicant has submitted a corrected
Environmental Assessment, including a letter from the VA Department of
Historic Resources noting “no adverse effect” on the Rockfish Presbyterian
Church.

Mr. Boger also presented a letter from Ms. Valerie Long, representing
nTelos, noting the alternative sites considered – power line co-location,
single tower on other properties, two shorter towers and a larger tower on a
mountain ridge. Each option included coverage area exhibits. Ms. Long
noted that power line co-location was not a possibility as an easement could
not be obtained. Four other sites for single poles were considered, based
on landowner willingness to consider a lease, with coverage and
screening/visibility problems at each of those four sites. Ms. Long
reviewed the possibilities for a larger tower on a mountain ridge but noted
that the tower would have to be 100 feet or taller on top of the mountain
and would be much more visible from Rt. 151 and other roads and properties.
She said that this option would also probably require clearing a road to the
site. Ms. Long then presented several other options considered by nTelos
for two 80-foot towers instead of the one 130-foot tower. She noted that
those options would result in drop call/no service areas and poor service
for nTelos customers.

Mr. Bruguiere asked whether the 130-foot tower would allow for co-location.
Ms. Long said that it would allow for up to three other carriers to
co-locate if that site met their needs. Mr. Bruguiere said that two towers
would require a duplication of equipment. Ms. Long said that nTelos is not
trying to save money by constructing one 130-foot tower but is trying to
provide the best coverage to its customers. She said that it would,
however, require twice the expense in equipment and rent to do two sites.
Mr. Harvey asked whether the other sites considered would be more visible
along Rt. 151 and Ms. Long said that they would be more visible.

Mr. Boger noted that the county has approved 56 towers since the adoption of
the tower ordinance and that providers have worked with the county to
minimize the visual impact. Ms. Long noted that the county has approved
three towers within a mile of the Scenic Byway within the past year for
Verizon and asked that nTelos be treated the same as other carriers.

After discussion with Mr. Phil Payne, County Attorney, Supervisors directed
staff to prepare resolutions approving and denying the application for
consideration at their next meeting. Supervisors voted 3-0 (Mr. Johnson
abstaining) to defer a decision to their November 18th meeting.

REZONING/MR. & MRS. TOMMY HARVEY – The applicant has applied to rezone 2.732
acres from Residential R-1 to Business B-1 (Conditional). The property is
located at 250/272 Tanbark Road in Afton. Mr. Boger reported that the
applicant has submitted a written proffer that if a medical center is not
the main focus of the use, the zoning would revert to Residential and that
if construction is not started within two years, the zoning would revert to
Residential. Mr. Payne, County Attorney, stated that the proffer would
require that the application again go to public hearing before the Board of
Supervisors but that it would not have to go back to the Planning
Commission. Mr. Jim Gates, representing the applicant, then withdrew the
application for rezoning.

REZONING/MR. CURTIS BRUGUIERE – The applicant has applied to rezone 1.10
acres of land located at 1897 and 1889 Avon Road from Residential R-1 to
Business B-1 (Conditional) to permit use of a small area of the existing
country store for a real estate office. Mr. Boger reported that, at the
last Supervisors’ meeting, Mr. Bruguiere had proffered away the gas pumps
but that nothing had been received from the applicant in writing. Mr. Payne
stated that the County Code requires that proffers not offered in writing
prior to the public hearing, must go back to a public hearing before the
Supervisors. Supervisors asked Mr. Bruguiere how he would like to proceed
and Mr. Bruguiere said that he would like to continue to another public
hearing with the additional proffer. Supervisors tabled the issue to allow
the applicant to meet with Mr. Boger to put the proffer to remove a gas
station as an allowed use on the property. Mr. Boger returned to the
meeting with the written proffer and Supervisors voted 3-0 (Mr. Tommy
Bruguiere abstaining) to direct staff to advertise another public hearing
for their November 18th meeting.

FABER/SCHUYLER SOLID WASTE COLLECTION SITE – Mr. Harvey said that he had had
a good meeting with the directors of the Cove Valley Recreation Center and
that a general membership meeting is to be held in the next three weeks to
vote on the county’s acquisition of property for the site. He noted that
before he can present the Board’s proposal at that meeting, he would need
the approval of the Board to include an agreement regarding the well on the
property. Mr. Harvey reported that the proposed agreement would lease the
well to the county for a fee equal to the real estate taxes on the Cove
Valley property. Mr. Hale suggested that the language for the well
agreement should restrict the fee to an amount equal to the real estate tax
on the land. Supervisors agreed and voted 4-0 to change the language to an
equivalent of the real estate taxes on the land and excluding the
improvements. The county is offering $12,000 per acre for 2 to 4 acres of
land in the northeast corner of the property located on Cove Valley Lane
(Rt. 670).

GLADSTONE COMMUNITY CENTER/REQUEST FOR FUNDING – Mr. Johnson presented a
request from the Center that county help pay for $1,211.62 in repairs to a
refrigeration unit. Mr. Johnson made a motion to pay the full amount. With
no second, Supervisors voted 2-2 (Mr. Bruguiere and Mr. Harvey voting no) on
the motion, resulting in no funding for the repairs. Mr. Harvey noted that
the county is facing a tough budget year and many groups will not be
receiving funding. Mr. Hale pointed out that the Gladstone Center had
received funding to help with air conditioning repairs, roof repairs and
cooler repairs in 2007.

PROPOSED ZONING AMENDMENT/COUNTRY STORES PROGRAM – Mr. Harvey presented
information and a copy of Albemarle County’s ordinance dealing specifically
with country stores and allowed exemptions and accessory uses to allow
owners to continue to operate businesses with greater flexibility of uses at
these sites. Supervisors voted 4-0 to adopt a resolution forwarding the
proposed amendment to the Planning Commission for review and recommendation.

Meeting adjourned.

Copyright 2000-2008 by Rural Nelson, Inc. All rights reserved. Reports may
be reprinted or excerpted with attribution