Board of Supervisors: December 3, 2007

December 3, 2007

December 3, 2007

Virginia:

AT A SPECIAL MEETING, pursuant to §15.21418 of the Code of Virginia, 1950, of the Nelson County Board of Supervisors at 4:00 p.m. on December 3, 2007 in the Board Room within the Courthouse in Lovingston.

Present:
Thomas H. Bruguiere, Chairman
Thomas D. Harvey, Vice-Chairman
Harry S. Harris, South District Supervisor
Constance Brennan, Central District Supervisor
Allen M. Hale, East District Supervisor

Phillip D. Payne, IV, County Attorney
Stephen A. Carter, Clerk


I.   Call to Order

Mr. Bruguiere called the meeting to order at 4:05 p.m. with all members present to establish a quorum. Staff present included the County Attorney and County Administrator (Clerk).

II.   Closed Session (Pursuant to §2.2-3711 (A) (7) of the Code of Virginia, 1950 – Consultation with Legal Counsel Regarding Actual Litigation Pertaining to the Nelson Circuit Court’s Decision in the Matter of Lois Bennett v. Nelson County Board of Supervisors, CL06000039)

Mr. Hale presented the following motion: “I move that the Nelson County Board of Supervisors convene in closed session to discuss, as permitted by Virginia State Code §2.2-3711 (A) (7) - Consultation with Legal Counsel, actual litigation requiring the advice of Counsel pertaining to the Nelson Circuit Court Case Decision, Lois Bennett v. Nelson County Board of Supervisors, CL06000039, whereby such consultation in open meeting would adversely affect the litigating posture of the County.”

The motion was seconded by Mr. Harris.

Roll call on the motion was unanimous in support of the motion, as follows:

Mr. Hale –        Yes
Ms. Brennan –    Yes
Mr. Harris –        Yes
Mr. Harvey –        Yes
Mr. Bruguiere –    Yes

The closed session commenced at 4:06 p.m.

The Board of Supervisors returned to open session on the following motion by Mr. Hale: “I move that the Nelson County Board of Supervisors come out of closed session and reconvene in public session.” The motion was seconded by Mr. Harris. Roll call was unanimous in support of the motion, as follows:

Mr. Hale –        Yes
Ms. Brennan –    Yes
Mr. Harris –        Yes
Mr. Harvey –        Yes
Mr. Bruguiere -    Yes

Mr. Hale then moved that the Board of Supervisors certify the conduct of the closed meeting, pursuant to state law, as follow: “I move that the Nelson County Board of Supervisors certify that, in the closed session just concluded, nothing was either discussed or considered except public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act, Virginia State Code §2.2-3711 (A) (7), and which were identified in the motion by which the closed meeting was convened.”

The motion was seconded by Mr. Harris.

Roll call was unanimous support of the motion to certify the conduct of the closed meeting, as follows:

Mr. Hale -        Yes
Ms. Brennan -    Yes
Mr. Harris -       Yes
Mr. Harvey -       Yes
Mr. Bruguiere -   Yes

III.   Consider Lois Bennett v. Nelson County Board of Supervisors, CL06000039

Following discussion, Mr. Harris moved as follows: “I move that we accept a modification to the circuit court’s opinion in Bennett v. Nelson County Board of Supervisors, CL06000039, and provided that such modification is satisfactory, we relinquish our right to appeal the court’s decision.”

The motion was seconded by Mr. Hale.

Roll call was in favor of the motion by a majority vote, as follows:

Mr. Hale -       Yes
Ms. Brennan -       Yes
Mr. Harris -       Yes
Mr. Harvey -       No
Mr. Bruguiere -   No

IV.     Other Business

With unanimous consent of the Board of Supervisors the following items were discussed under other business:

A. Zoning/Subdivision Ordinance – The local Planning Commission is reviewing possible revisions to Nelson County’s current zoning and subdivision ordinance, which the Board of Supervisors may also undertake in the near future. Concern was expressed by Mr. Bruguiere regarding the Commission deciding not to make recommendations to the Board on matters that have been presented to the Commission prior to the Board.

B. Nelson Heritage Center – The Board discussed next steps associated with further structural engineering evaluation of the Nelson Heritage Center.

C. Receipt of Mail – The Board requested that information in their respective in-boxes be mailed to them on a regular basis.

D. School Recycling – The Supervisors discussed removal of recycling containers, due to little or no usage, located at Rockfish River and Tye River elementary schools and at Nelson Middle School with the consensus being that individual members would confer with the principals at each school and that a decision be deferred for the ensuing one month period.

E. Rockfish Valley Community Center – The Board of Supervisors discussed conveyance to the Rockfish Valley Community Center (non-profit organization) of the former Rockfish River Elementary School property (building and grounds), which is owned by Nelson County and currently leased to RVCC. The Board’s consensus was that Ms. Brennan and Messrs. Harvey and Carter would represent the Board in discussions with RVCC’s representatives pertinent to the subject of conveyance of the County’s property to RVCC.

V.     Adjournment

On motion by Mr. Harris, seconded by Mr. Hale, the Board of Supervisors voted unanimously (5-0) to adjourn the meeting at 5:45 p.m.