Board of Supervisors: May 10, 2005

May 10, 2005

May 10, 2005
Virginia:

AT A CONTINUED MEETING of the Nelson County Board of Supervisors at 10:00 A. M. in the Board of Supervisors Meeting Room located in the Nelson County Courthouse.

Present:
Gary E. Wood, Chairman
Constance Brennan, Central District Supervisor
Thomas H. Bruguiere, West District Supervisor
Thomas D. Harvey, North District Supervisor
Stephen A. Carter, Clerk
Fred M. Boger, Planning Director
Betty M. Fortune, Planning Secretary

Absent:             Harry S. Harris, South District Supervisor

I.          Call to Order
Mr. Wood called the meeting to order at 10:15 A. M. with four members present to establish a quorum for the scheduled work session.

II.         Review of Zoning Ordinance
Revised pages from the previous workshop were distributed.
Additions, deletions and corrections were made to the following pages:

Page No.   Section No.   Item No.   Section Title
62               H.                   1.               Final Plat/Site Plan
63               I.                     3. and 5.   Additional Regulations
65               A.                   Par. 2       Purpose and Intent
66               B.                   9.                (New) Permitted Uses
67             C.                   21,22,23,24 Uses Permitted by Special Use                                                                          Permit
70               G.                    4.                Open Space and Recreation Areas
71               G.                   11.       Open Space and Recreation Areas      71               H.                   1.                 Final Plat/Site Plan
72               I.                     1.                Additional Regulations
74               I.                     8.A.            Additional Regulations
75               I.                     9.E.             Additional Regulations
77               Ch. 3.E.          Title            Business District, B-1
78              A.                    Par. 1          Purpose and Intent
81              F.                    1.                 Final Plat/Site Plan
82              G.                   8. and 12.   Additional Regulations

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby adjourn the May 10, 2005 A. M. zoning workshop.

______________________________, Chair

May 10, 2005
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:     Gary E. Wood, Chairman
       Constance Brennan, Central District Supervisor
       Thomas H. Bruguiere, West District Supervisor
       Thomas D. Harvey, North District Supervisor
       Stephen A. Carter, Clerk
       Fred M. Boger, Planning Director
       Betty M. Fortune, Planning Secretary

Absent:   Harry S. Harris, South District Supervisor

Agenda Item Number I. Call Meeting to Order
Mr. Wood called the meeting to order at 2:00 P. M. with four members present to establish a quorum. Mr. Harris was unable to attend the afternoon session.
A.   Moment of Silence
B.   Pledge of Allegiance to the Flag

Agenda Item Number II. Consent Agenda
A.   Minutes � February 22, March 1, April 12 (A. M. & P. M.), April 21, 2005
B.   FY 2004-2005 Budget Amendment
C.   Proclamation: Business Appreciation Week
D.   Resolution: Gold Mine Lane

The Board of Supervisors, at the request of Ms. Brennan, moved Item C to the New Business portion of the agenda.

Additionally, the Board of Supervisors passed a Resolution approving the Consent Agenda as follows:

Re: Approval of Consent Agenda

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve the Consent Agenda as follows:
A.   Minutes of the February 22, March 1, April 12 and April 21, 2005 Board of Supervisors� Meetings as presented;
May 10, 2005

B. FY 2004-005 Budget Amendment as presented;

RE: AMENDMENT OF FISCAL YEAR 2004-2005 BUDGET
BE IT RESOLVED by the Board of Supervisors of Nelson County that the Fiscal Year 2004-2005 Budget be hereby amended as follows:

I. Appropriation of Funds (General Fund)
Amount       Revenue Account       Expenditure Account
$1,264.76   3-100-001303-0008   4-100-092010-9201
4,000.00   3-100-001901-0008   4-100-092010-9201
2,000.00   3-100-002404-0038   4-100-032010-3002
96.00       3-100-001901-0009   4-100-053030-1001
7.34       3-100-001901-0009   4-100-053030-2001
$7,368.10

II.         Transfers from General Fund Contingency
Amount       Credit Account       Debit Account
$2,500.00   4-100-999000-9901   4-100-092010-9201

C. Proclamation: Business Appreciation Week to be moved to New Business;

D. Resolution: Gold Mine Lane as presented.
RE: REQUEST TO TAKE A .17 MILE EXTENSION OF GOLD MINE LANE INTO THE SECONDARY ROAD SYSTEM

WHEREAS, the street described on the attached Additions Form SR-5, fully incorporated herein by reference, is shown on plats recorded in the Clerk�s Office of the Circuit Court of Nelson County, and (ATTACHMENT A); and

WHEREAS, the Permit & Subdivision Specialist Sr. for the Virginia Department of Transportation, Amherst Residency, has advised this Board, the road extension meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, (ATTACHMENT B); and

NOW, THEREFORE BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby request the Virginia Department of Transportation to add the extended section of Gold Mine Lane (State Route 808) described on the attached Additions Form SR-5 into the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia and the Department�s Subdivision Street Requirements; and

BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and

BE IT FINALLY RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation.

Agenda Item III. Public Comments and Presentations
Mr. Wood opened the public comment section of the Agenda.

A.   Public Comment � Russell Otis, resident of Twin Poplars, Faber. His property is used for recreational purposes and previous studies in Nellysford have shown inadequacy in water and sewer due to raw sewage being discharged into the Rockfish. The Board of Supervisors is being asked to allow expansion of water and sewer service to land being developed by High Country Associates. Mr. Otis asked that the Board consider allocation of facilities to Nellysford and requested that action may be premature, based on pending litigation.

   Public Comment � Don Burland, Nellysford. He asked the Board of Supervisors to include, as soon as possible, Wintergreen Property Owners� Association, WPI, and non-Wintergreen/Nellysford residents in the study the Thomas Jefferson Planning District will be conducting on Nellysford�s future development.

Mr. Wood closed the public comment section of the Agenda.

B.   VDOT Report � Kevin Wright reported on the following:
1.   Walton�s Mountain Museum signs on Route 29. VDOT�s sign programs are now managed by Virginia Logos, Inc. Any appeals of their decisions should be made to Ray Khoury, State Mobility Management Engineer.
2.   School zone signs for the Church of the Blue Ridge. This is not an accredited school; therefore, VDOT policy does not allow for school zone signs or warning signs for commercial or private entrances. A speed study was conducted which showed that this section of Route 151 does not warrant a reduction in the posted 55 mph speed limit.
3.   5 minute parking at the Lovingston Post Office. Two spaces east of the entrance can be marked as 5-minute spaces at the Board�s request. The area is currently marked with large �Do not block� signs.
4.   Right-of-way is currently needed on Rt. 620 (Rock Springs Road).

   Mr. Wright was asked to look into the following road situations:
1.   Rose Mill Road � steepness of some sections and ditches that are either overflowing or filled up
2.   Geddes Mountain Road - Amherst Co. � extreme overgrowth
3.   Rt. 151 and Rt. 6 traffic study � dangerous conditions
4.   Emily Couric sign on Rt. 151 - relocation
5.   Hughes Swain property � guard rail overgrowth
6.   Boomax trimming of dogwood trees on Rt. 29 near Ridgecrest Baptist Church

   Mr. Wright advised that Integrated Directional Sign Program (IDSP) is on the Web and Mr. Bruguiere explained that the new tourism sign regulations are being phased in, with completion by 2007.

   Board action was needed to request 5-minute parking signs for the Lovingston Post Office and the motion was by consensus.

   C.   Thomas Jefferson Planning District Committee: Regional Hazardous Mitigation Plan. Mr. Bill Wanner, Senior Regional Planner for TJPDC presented the plan�s three objectives: (1) Reduce or eliminate the long-term risk to human life and property from natural hazards and their effects; (2) Meet requirements of FEMA and the Virginia Department or Emergency Management; and (3) Meet requirements of Disaster Mitigation Act of 2000 and therefore qualify for additional grant funding in both the pre- and post-disaster environments. He explained further that a grant    application has been submitted to update FEMA maps. The next step    will be a public hearing for consideration and adoption. The Planning Commission public hearing is on May 25 and the Board of Supervisors on June 14. At the April Planning Commission meeting, it was recommended that more vigorous education programs be available to schools, and this has been added. (The HMP can be viewed from the website.)

Agenda Item IV. Unfinished Business

A.   Amherst, Appomattox, Nelson: Regional Jail Initiative
The plan has been reviewed, and while it is in the County�s best interest to partner with Amherst and Appomattox, the expense seems prohibitive. Nelson�s share would be $225,000 higher than the estimated use of the Albemarle/Charlottesville regional jail facility. Mr. Carter asked the Board to decide whether to continue the study with other counties or stay with Albemarle/Charlottesville. On a motion by Ms. Brennan, seconded by Mr. Bruguiere, the Board voted unanimously by roll call to    terminate consideration of a joint jail project with Amherst and Appomattox.

B.   Resolution: Wintergreen Valley Utility Service Area
Mr. Carter presented a letter from Tim Castillo, Executive Director, Nelson County    Service Authority and has spoken with the WVUC, Stuart Sadler, Virginia Department of Health, DEQ, and SCC. There appears to be no opposition to the WVUC�s request to expand the service area to include 29.188 acres. SCC Staff is unsure whether the BOS needs to consider the request at all since it is more WVUC�s    concern than the County�s. Mr. Carter recommended agreement with the expansion and submitted a Resolution to this effect. Mr. Bruguiere felt it would benefit the entire community. Ms. Brennan made a motion not to pass the Resolution since it is unclear whether the County needs to be involved and the fact that this area is    currently under litigation. There was no second to the motion. The vote to take no action was taken. Ms. Brennan voted yes, Mr. Bruguiere and Mr. Wood voted no, and Mr. Harvey abstained. The Resolution required three yes votes to pass. It was decided to table the item until Mr. Harris is able to review it. Ms. Brennan suggested that Mr. Carter find out whether the BOS needed to take action at all.

Agenda Item V. New Business

A. Nelson County Chamber of Commerce: Business Directory.
The Chamber of Commerce is requesting $2500.00 from the BOS to fund publication of the 2005-2006 Nelson County Business Directory. The cost covers 1000 directories. Mr. Harvey recommended that the County discontinue advertising through the CC. There were errors in past directories and they are hard to use. Mr. Wood suggested that Tourism be asked to supervise the input and help collect the data. By consensus it was agreed to send the project to Tourism to provide input, editing, etc.

B. Discussion of Local Economic Development Work Sessions
The BOS was asked to conduct a Local Economic Development Work Session to be facilitated by staff of the Thomas Jefferson Partnership for Economic Development. By consensus the Board agreed to participate in the session. Mr. Carter is to determine a date and include the Service Authority in the meeting.

C. Proclamation: Business Appreciation Week
Ms. Brennan read the Proclamation and made a motion to declare May 11-17, 2005 as Business Appreciation Week. Mr. Bruguiere provided the second and the Supervisors voted unanimously by roll call to approve the following Proclamation:

RE: BUSINESS APPRECIATION WEEK IN NELSON COUNTY, VIRGINIA

WHEREAS, Nelson County is proud to have a thriving base of business to support the local economy; and

WHEREAS, these businesses provide essential employment opportunities for the citizens of Nelson County; and

WHEREAS, these businesses provide local revenues from which the entire local citizenry benefits; and

WHEREAS, these businesses also make significant contributions to our community, promote educational opportunities for our children and advance a variety of activities which increase the quality of life in Nelson County; and

WHEREAS, the Nelson County Board of Supervisors recognizes and appreciates these businesses:

NOW, THEREFORE BE IT RESOLVED, That the Nelson County Board of Supervisors hereby recognizes our existing business, and by virtue of this proclamation, gives notice to our citizens that Nelson County is promoting the Virginia Department of Business Assistance 2005 theme of �Success Starts Here� during the week of May 11-17, 2005 - Business Appreciation Week.

Agenda Item VI. Reports, Appointments, Directives, and Correspondences

A. Board of Supervisors Committee Reports � Thomas Jefferson Planning District Commission, reported by Ms. Brennan.
1. The homeless program is getting off to a good start. Twelve persons have been identified for a task force to develop 2012 plan to end homelessness. It is suggested that George Krieger represent Nelson County.
2. The Thomas Jefferson Planning District is requesting funding for a grant program to develop a regional green infrastructure plan. They have identified areas that are important ecologically that connect with other green spaces, etc.
3. Home action plan � identifies specific housing and community development projects to be undertaken in 2005-2006. Objectives:
a. Complete 2 rent-to-own units on NCCDF lots.
b. Complete 2 rehab projects on homes without indoor plumbing.
c. Provide down payment and loan assistance to two first-time home buyers.
d. Continue to assist JABA and PHA with Ryan Senior Home project.
This action plan was presented to the Charlottesville City Council who feels they shoulder more than their share of affordable housing. They are considering giving up funds to other localities.
4. A draft work program was presented.

B. Appointments.
1. Vacncies � there are several, but they were not named.
2. Letter of Interest � Mike Tapager for BOS South District position
3. Board of Zoning Appeals � Ron Moyer has been appointed as an alternate.

C. Board Directives
1. Ms. Brennan offered congratulations to Nelson County High School graduates.
2. Ms. Brennan reported on the future development project for Nellysford. She reminded the Board that there will be a lot of public interest and input on this project.
3. Stump removal in Nellysford � waiting on Special Use Permits. One applicant is stockpiling materials to process when the SUP is approved. Nothing has been received from the other applicant.
4. Emergency Services roundtable discussion was attended by Mr. Harvey, Mr. Carter, Mr. Uttaro, Allison McGarry from County Staff, representatives from each Rescue Squad, and Eddie Embrey. WPOA is submitting a request for emergency services and offering to add another group to the current operation (6 additional employees) along the Rt. 151 and 29 corridors. Squads seemed to be pleased that the County is moving forward. Mr. Harvey said the proposal is something the County asked for. They are getting input from as many people as possible. There is no estimate of cost at this time, and ways to pay EMTs and drivers are being considered.
5. Noise ordinance will be discussed in closed session, as will the sport showing facility ordinance.
6. CDA � Mr. Carter spoke with Mr. Jacobson from Sands Anderson Marks & Miller. WPI is working with a private party for investment purposes. Work is still in progress and may be delayed 6 months.
7. Mr. Carter is still exploring various scenarios for the courthouse project. The problem is finding a site that would be appropriate. Long term plans may require additional property.
8. Compensation for boards was discussed. Mr. Bruguiere feels everyone should receive $75 per meeting. This will be brought up when Mr. Harris is present.
9. Dog control regulations were discussed. Any change would require a public hearing and amendment to the current ordinance. Mr. Carter will consult with Amherst to determine the type of dogs listed in their ordinance.
10. The Health and Human Services Committee met in Richmond recently. A presentation on Medicare Part D � Pharmacy � was given by Deputy Secretary of Health. Localities will be required to send back to the Federal government the portion of the benefit paid by Medicare.

Agenda Item VII. Closed Meeting � 3:30 P. M.
Ms. Brennan: Motion is hereby made, pursuant to Section 2.2-3711.A.7 of the Code of VA, 1950, that the Nelson County Board of Supervisors hold a closed meeting for the following purposes: Consultation with legal counsel and briefings by staff members pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Mr. Harvey provided the second and vote was unanimous to approve this motion.

Mr. Harvey made a motion for certification: Motion is hereby made, pursuant to Section 2.2-3712.D of the Code of VA, 1950 that the Nelson County Board of Supervisors certify that to the best of each member�s knowledge (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. Bruguiere provided the second and the vote was unanimous to approve this motion.

3:45 P. M. � County Attorney Phillip D. Payne, IV, was unavailable for consultation.

Agenda Item VIII. Recess and Reconvene for Evening Session

Mr. Bruguiere made a motion to recess and continue the meeting at 7:00 P. M. Ms. Brennan provided the second and the vote was unanimous to approve the motion.

The second closed session was conducted at 7:00 P. M. with Mr. Wood opening the continued session.
Ms. Brennan made a motion for a Closed Session: Motion is hereby made, pursuant to Section 2.2-3711.A.7 of the Code of VA, 1950, that the Nelson County Board of Supervisors hold a closed meeting for the following purposes: Consultation with legal counsel and briefings by staff members pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Mr. Bruguiere provided the second and the Supervisors (4 present) voted unanimously to approve this motion.

Mr. Harvey made a motion for certification: Motion is hereby made, pursuant to Section 2.2-3712.D of the Code of VA, 1950 that the Nelson County Board of Supervisors certify that to the best of each member�s knowledge (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. Bruguiere provided the second and the vote was unanimous to approve this motion.

At 7:40 P. M. a motion to return from closed session was made by Ms. Brennan: Motion is hereby made, pursuant to Section 2.2-3711.A.7 of the Code of VA, 1950, that the Nelson County Board of Supervisors held a closed meeting for the following purposes: Consultation with legal counsel and briefings by staff members pertaining to actual litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Mr. Bruguiere provided the second and vote was unanimous to approve this motion.

Ms. Brennan made a motion for certification to return from closed session: 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. Harris provided the second and the vote was unanimous to approve this motion.

All Supervisors were present for the evening session.

Agenda Item Number IX. Public Hearings.

A. Rezoning: #2005-001, Al Stacey, GAIA Homes, Inc.
Mr. Boger, Planning Director, presented the request and proffer for rezoning five acres from Business, B-1, to Residential, R-2 (Conditional), located at 4300 Rockfish Valley Highway, Tax Map #22-A-29. The proffer also applies to the area zoned B-1. Mr. Stacey obtained ownership of the property on May 1, 2005. The Planning Commission voted on April 27, 2005 to recommend approval of the rezoning.

Mr. Wood opened the public hearing. Mr. Stacey provided additional comments regarding open space, drain fields, traffic impact, fire protection, and energy efficiency of the proposed dwellings. Mr. Harvey discussed future road changes that Mr. Stacey was not aware of. There were no further comments, and hearing was closed.

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

Re: Approval of Rezoning Request #2005-001 for Al Stacey, GAIA Homes, Inc.
BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve the rezoning of five (5) acres located at 4300 Rockfish Valley Highway from Business, B-1, to Residential, R-2 (Conditional), including the following proffer: �I hereby proffer that the development of the subject property of this application shall be in strict accordance with the conditions set forth in the submission of the Conceptional Plan dated 02/01/05.�

B. Final Subdivision � �Beaver Creek�
Mr. Boger, Planning Director, presented the final plat of Mr. Macionis for 43.76 acres being divided into eight (8) lots located on Hunting Lodge Road (Rt. 646). The preliminary plat was approved by the Planning Commission on October 27, 2004 and the final was recommended for approval at the April 27, 2005 meeting.

Mr. Wood opened the public hearing. Mr. Brian Ray of Roger W. Ray & Associates was present to represent the owner, Mr. Macionis, and to answer any questions the Board had.
There were no further comments, and hearing was closed.

On a motion by Mr. Bruguiere, seconded by Mr. Harris, the Supervisors voted unanimously by roll call to approve the following Resolution:

Re: Approval of Final Subdivision for �Beaver Creek�
BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve the final subdivision plat for Beaver Creek Subdivision located on Hunting Lodge Road (Rt. 646) for the division of 43.76 acres into 8 lots. Property is identified as Tax Map #71-5-1A.

C. Preliminary and Final Subdivision Plat: Michael & Sally Donovan
Mr. Boger, Planning Director, presented the preliminary/final plat for the division of 10.98 acres to create parcel �B� of the Sunnyside Farms Subdivision. The property is identified as Tax Map 12-A-79C. Road work and soils work have been approved and a land disturbing permit is required before construction can begin on individual dwellings. There is a convenant stating there will be no further division of this property. The Planning Commission recommended approval of the subdivision at the April 27 meeting.

Mr. Wood opened the public hearing. The applicants were present. There were no further comments, and hearing was closed.

On a motion by Mr. Harvey, seconded by Ms. Brennan, the Supervisors voted unanimously to approve the following Resolution:

Re: Approval of Preliminary/Final Subdivision for Donovan Property
BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve the preliminary/final subdivision plat for Parcel �B� (10.98 acres) of Sunnyside Farms Subdivision located on Rockfish Valley Highway and identified as Tax Map #12-A-79C.

Agenda Item Number IV. Unfinished Business

B.   Resolution: Wintergreen Valley Utility Service Area
This item was reintroduced for Mr. Harris� benefit. Mr. Carter reiterated the information covered in the A. M. session, pointing out that the Health Department, DEQ, and Service Authority have no adverse comments regarding the application. The SCC suggests that the County may not need to be involved in this matter at all since the Court had passed a Resolution in 1989 authorizing establishment of the WVUC. Unless the Board considers this a new application and/or there are adverse concerns, Mr. Carter recommends endorsement of the Resolution for approval. Ms. Brennan explained to Mr. Harris why her earlier motion was made. The options are to approve the Resolution, to seek additional information, or to determine that no action is needed.

Mr. Bruguiere made a motion to support the Resolution for Wintergreen Valley Utility Company for the purpose of extending the present utility (water and sewer) service area in Stoney Creek to include an additional 29.118 acres. Ms. Brennan stated for the record that she is opposed to passing the Resolution because it may not be needed and she doesn�t feel comfortable voting on something for property that is under litigation at this time.

A vote was taken with Mr. Harvey abstaining, Mr. Bruguiere voting yes, Ms. Brennan voting no, Mr. Harris voting yes, and Mr. Wood voting yes to approve the following Resolution:

RE: WINTERGREEN VALLEY UTILITY COMPANY

WHEREAS, The Wintergreen Valley Utility Company provides water and sewer services to the Stoney Creek Community located in Nelson County, Virginia as approved of, supported and endorsed by Resolution of the Nelson County Board of Supervisors dated August 8, 1989; and
WHEREAS, The Nelson County Board of Supervisors has approved the addition of 29.188 acres of land identified as tax parcels 22-A-5A and 22-A-46 to be added to the Stoney Creek Community; and
WHEREAS, This addition was made subject to the understanding that this additional property would be provided with central water and sewer service from the Wintergreen Valley Utility Company:
NOW THEREFORE, BE IT RESOLVED, That the Board of Supervisors of Nelson County Virginia, hereby (i) supports, endorses and approves of the Amendment of the Certificate of Convenience and Necessity for the Wintergreen Valley Utility Company by the State Corporation Commission such that the service area of the Utility Company be expanded to include the parcel of land containing 29.188 acres identified as tax parcels 22-A-5A and 22-A-46; (ii) supports, endorses and approves of the application of the Wintergreen Valley Utility Company to the State Corporation Commission to enlarge its service area to include such property and (iii) authorizes the Clerk of the Board of Supervisors to communicate this support and approval to the State Corporation Commission.
Agenda Item Number X. Public Comments

There were no public comments. Public comments section was opened and closed by Mr. Wood.

Agenda Item Number XI. Other Business

Future meetings were set for: May 18 � 5:30 P. M. for zoning ordinance workshop followed by public hearing on the budget, May 19 � 7:00 P. M. for Zoning Ordinance Town Hall Meeting (East and South District) at Rapunzel�s Coffee and Books in Lovingston, and May 23 � 4:00 � 6:00 P. M. for zoning ordinance workshop.

Ms. Brennan will be attending the Virginia Association of Counties Board of Directors meeting, representing Nelson County.

Mr. Harris has several letters of interest for positions on Nelson County boards. These will be passed to the County Administrator�s office.

Mr. Harris stated that progress is being made on roof repair for the Gladstone Senior and Community Center. Installers have been contacted regarding the warranty from the previous installation.

Ms. Brennan made a motion to draft the noise ordinance next week so the public hearing can be set. After further discussion, Ms. Brennan withdrew the original motion and made a motion to advertise for the public hearing to repeal the existing noise ordinance in order to enact a new noise ordinance. Mr. Bruguiere provided the second, and all Supervisors voted unanimously to proceed in this manner.

A brief discussion was held on the progress of the County office building project. Mr. Carter will be speaking with adjoining property owners on May 11, 2005 regarding the possibility of land purchase. Mr. Harris feels Social Services and Health Department should be close to the County building. The possibility of purchasing land from Mr. Larkin was also discussed.

Agenda Item Number XII. Adjournment

Re: Continuance of May 10, 2005 Meeting to May 18, 2005

On a motion by Mr. Harris, with Mr. Harvey providing the second, the Supervisors voted unanimously to approve the following Resolution:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby continue the May 10, 2005 meeting to May 18, 2005, 5:30 P. M., at the Board of Supervisors meeting room for the purpose of zoning ordinance review.

_______________________________, Chair