Board of Supervisors: December 18, 2006

December 18, 2006

Virginia:

AT A CONTINUED MEETING of the Nelson County Board of Supervisors at 1:30
P. M. in the Board of Supervisors Room at the Courthouse, Lovingston Virginia.

Present:     Harry S. Harris, Chair
       Constance Brennan, Central District Supervisor
       Allen M. Hale, East District Supervisor
Thomas H. Bruguiere, Jr., West District Supervisor
Thomas D. Harvey, South District Supervisor
       Stephen A. Carter, County Administrator
       Candice W. McGarry, Administrative Assistant/Deputy Clerk
       Fred Boger, Planning Director
       Elizabeth Fortune, Planning Secretary
       Philip Payne, IV, County Attorney


I.   Call to Order

Mr. Harris, Chair, called the meeting to order at 1.38 P. M. with five members present to establish a quorum.

II.   Consent Agenda

After brief discussion about the handling of NCHS jacket requests- suggesting a letter jacket program for the schools, and the no adverse affect of granting the APCo utility easement on the old Ryan School ball fields, a motion was made by Mr. Harvey and seconded by Mr. Hale to approve the Consent Agenda. The motion passed by roll call vote (4-0) with Mr. Bruguiere abstaining and the following Resolutions were approved:

A.   Resolution- Funding of Jackets for Championship Teams, Nelson County High School and Nelson Middle School

RESOLVED, by the Nelson County Board of Supervisors that the amount of $4,214.00 be and hereby is approved for disbursement from Nelson County’s Fiscal Year 2006-2007 Budget to provide for the purchase of jackets in recognition of championship teams at Nelson County High School and Nelson Middle School, as follows:

Allocation                   Purpose

$ 648.00       Nelson Middle School FFA – State Champions in Meat
           and Crops Judging (2006)

$2,036.00       Nelson Senior and Middle School FFA – State Champions
           for State Senior and Junior FFA Forestry Field Day (2006)

$   720.00       Nelson County High School – Boy’s Cross Country Team
           for 2006 Dogwood District Championship

$ 810.00       Nelson County High School – Girl’s Volleyball Team for
           2006 Dogwood District Championship

BE IT FURTHER RESOLVED, by the Nelson County Board of Supervisors that said Board herewith recognizes and commends each of these championship teams for their exceptional accomplishments and outstanding representation of Nelson County.

B.   Resolution -    Authorization of Public Utility Easement and Right of
           Way Agreement

BE IT RESOLVED, by the Nelson County Board of Supervisors, pursuant to Virginia State Code §15.2-1800 regarding the purchase, sale, etc. of real property, that the County Administrator be and is hereby authorized to execute the Agreement dated November 17, 2006 between the County of Nelson (Grantor) and Appalachian Power Company for the conveyance of a right of way and utility easement for an electric power line or lines and communication lines in, on, along, through, over, and across tax parcel No. 68-67-7 located in the Lovingston district.

BE IT FURTHER RESOLVED, pursuant to this Agreement that said conveyance of right of way and utility easement be for the consideration of One Dollar ($1.00).

III.   Work Session (Draft Zoning Ordinance)

A.   Mr. Payne overviewed the process for proceeding with the proposed zoning ordinance
      outlining the following course of action:

1.   Amend the old Ordinance with the new material sent to the Planning Commission for public hearing in January 2007.
2.   Review the administrative portion of the New Draft Ordinance, which encompasses all non-zoning issues.
3.   Review the actual rezoning districts and zoning map

He stated that this will enable the Board to better focus on pieces of the draft ordinance versus focusing on the whole document at once. This also separates the hot topics from the non-controversial aspects of the document and will simplify the advertisement of the proposed changes that are required in the public hearing ads. He sited Loudoun County’s process as being similar. He noted that the administrative portion public hearings would not require a separate mailing to every household; however, the density and re-zoning portions may require it.

Mr. Boger noted that the Planning Commission public hearing dates were January 16, 2007 with a snow date of January 18, 2007. He noted that the Board may retain old zoning map designations after the Planning Commission hearings, which he and Mr. Carter recommended. This was discussed and it was noted that using the current designations will avoid confusion and could minimize any potential lawsuits by not changing them. Mr. Boger also recommended eliminating conservation districts and using all agricultural designations.

B.   The Board considered the following items:

1.   Definitions-

The Board started to review the Definitions, however, by consensus decided to submit changes/suggestions to the definitions to Mr. Boger, who would compile these and be prepared to address them at the next work session. Mr. Payne would also submit his changes and recommendations to Mr. Boger.

2.   Historic District and Corridor Overlay Districts-

Mr. Boger recommended keeping the overlay district provisions without designating the areas on the zoning map until a request is made and the public hearing process is completed. The Board consensus was to accept his recommendation.

3.   Reserve Area for Septic Fields-

Mr. Boger recommended that a 100% reserve provision be kept as currently required and recommended by the Health Department.

The Board’s discussion included having the 100% reserve requirement and working with the Health Department for alternatives if needed for exceptions or variance requests. It was noted that this would help applicants know if there are potential problems with the septic reserve. There was some discussion about the potential difficulty of smaller lots meeting the 100% requirement and Mr. Boger noted that it applies to new lots created and that all plats are required to show perk test results.

The Board decided by consensus to keep the requirement of 100% reserve area for septic fields.

4.   Next Meeting Date-

The Board’s consensus was to set the date for the next draft zoning ordinance work session at the January 9, 2007 regular meeting and to get recommendations for the Definitions sections to staff by the meeting on the ninth.

IV.   Adjournment

At 3:20 P. M., on a motion by Mr. Bruguiere and seconded by Mr. Hale, Supervisors voted unanimously, (5-0), to adjourn and continue until the regular meeting at 2:00 pm on January 9, 2007 at the Lovingston Courthouse.