Board of Supervisors: November 8, 2005

November 8, 2005

November 8, 2005

Virginia:

At a Regular Meeting of the Nelson County Board of Supervisors on November 8, 2005, 2:00 P.M., at the Courthouse in Lovingston, Virginia, thereof:

Present:   Gary E. Wood, Chair
       Harry S. Harris, Vice Chair
       Constance Brennan, Central District Supervisor
       Thomas H. Bruguiere, Jr., West District Supervisor
       Thomas D. Harvey, North District Supervisor
       Stephen A. Carter, County Administrator
       Fred M. Boger, Planning Director
       Virgie A. Carter, Deputy Clerk

Agenda Item Number 1. Call Meeting to Order

A.   Moment of Silence
B.   Pledge of Allegiance

Agenda Item Number II. Consent Agenda

A.   Minutes
B.   Refunds
C.   Budget Amendment
D.   NACO Prescription Card Program

Supervisor Harris asked if the NACO Prescription Card Program will affect County employees. Ms. McCann stated that employees can not use both cards and noted that the Program is geared for the uninsured or underinsured. Ms. McCann further noted that the County will be responsible for inkind costs.

Concluding discussion, the Board of Supervisors adopted a Resolution approving the Consent Agenda as follows:

Re: Approval of Consent Agenda

On a motion by Mr. Harris, seconded by Mr. Harvey, with Mr. Harris voting yes, Mr. Harvey voting yes, Mr. Bruguiere abstaining, Ms. Brennan abstaining, and Mr. Wood voting yes, the following Resolution was adopted:

November 8, 2005

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve the Consent Agenda as follows:

A.   Minutes

Minutes of the Board of Supervisors’ Meetings were approved as submitted.

B.   Refunds

Re: Approval of Refunds

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve refunds to Food Lion, LLC, in the amount of $2,424.31 and to Dale Strock in the amount of $440.64.

C.   Budget Amendment

Re: Approval of Amendment of Fiscal Year 2005-2006 Budget

BE IT RESOLVED by the Board of Supervisors of Nelson County that the Fiscal Year 2005-2006 Budget be hereby amended as follows:

I.         Appropriation of Funds (General Fund)

Amount           Revenue Account   Expenditure Account

$     5,397.63   3-100-009999-0001   4-100-031020-5419
           130,000.00   3-100-004105-0104   4-100-032030-7007

                        $ 135,397.63

II.              Appropriation of Funds (E911 Fund)

Amount   Revenue Account   Expenditure Account

$ 130,000.00       3-104-002404-0015   4-104-093100-9100

November 8, 2005

D.   NACO Prescription Discount Card Program

Re: NACO Prescription Discount Card Program

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby authorize Nelson County to participate in the National Association of Counties Prescription Discount Card Program; and

BE IT FURTHER RESOLVED, That the County Administrator is hereby authorized to execute the Managed Pharmacy Benefit Services Agreement between the National Association of Counties and AdvancePCS Health, LP (Caremark, Inc.)

Agenda Item Number III. Public Comments and Presentations

A.   Public Comments

Paulette Albright, Keep Nelson Beautiful, provided a summary of activities for 2005. Activities included March on 56; in recognition of Nelson Recycles Day, an Earth Day Public Awareness event was held at the Rockfish Collection Center; participated in a Health Fair event; addressed the School Board and met with faculty sponsors on paper recycling programs at each school; reported that during the James River Cleanup, fifty volunteers participated in the event, 1,500 pounds of bagged trash and 263 tires were collected; provided partial funding for the newsletter from the Rockfish Collection Center; unspent funds in Fiscal Year ended 6-30-05 were used to help pay for the leasing of paper recycling containers for the schools; and purchased and distributed 200 Rubbermaid Recycling Baskets for 200 classrooms in the public schools.

Additionally, Ms. Albright briefly addressed a report from Recycling Coordinator, Susan McSwain, on Waste Diversion and the Second “R” – Re-Use. Ms. Albright stated that on October 24th, Keep Nelson Beautiful voted to offer $3,000 of their grant money to the County towards building a 12x12 Re-Use Shed at Rockfish Collection Center.

Mike Tapager spoke regarding Highway 29, the intersection at Callohill Road. Mr. Tapager stated that he feel the total issue is misplaced, noting that a temporary fix usually becomes permanent. Mr. Tapager stated that the Zoning Ordinance is Nelson County’s law and it should mirror what the County wants. Mr. Tapager recommended that a Task Force be established composed of the Board of Supervisors and VDOT to get secondary roads in place, noting safety first and the ease of flow in traffic.

Heather Goodwin spoke regarding the appointment to the Planning Commission and noted that it has taken one hundred and twenty days with ninety days by the Planning Commission to review the Final Subdivision Review and Approval for Jockey’s Ridge, Diggs Mountain Road.
November 8, 2005

Ms. Goodwin stated they were not in a hurry, but what if they were, noting it would have cost a lot of money.

Ms. Goodwin also discussed the proposed abandonment of Route 655 and referenced a request the Hollands made regarding the abandonment of Route 830 noting the road was not abandoned. Ms. Holland stated she would like to have criteria established governing the abandonment of roads in the County.

B.   VDOT Report

(1)   Abandonment of Old Route 655

Re: Scheduling Public Hearing on the Abandonment of Old Route 655

On a motion by Ms. Brennan, seconded by Mr. Harris, with Ms. Brennan voting yes, Mr. Harris voting yes, Mr. Bruguiere voting yes, Mr. Harvey voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby schedule a Public Hearing on the proposed Abandonment of Old Route 655 at the December Meeting.

Kevin Wright, Assistant Resident Engineer, Virginia Department of Transportation, provided the following report:

•   Work continues on the Rural Rustic Projects – Taylor Creek is scheduled next;
•   The Route 151 Bridge is on schedule for Summer, 2006 completion; and
•   Preparations are being made for Six Year Plan workshop.

Additionally, Mr. Wright stated that VDOT will look at Route 669, Bowling Drive and report back to the Board.

Supervisor Brennan thanked VDOT for work done on Old Robert’s Mountain Road; stated that a Mr. Dodd of Nellysford has contacted her regarding water coming across his yard during rain storms and requested repairs to the culvert; stated that the culvert on Adial Road needs repair; and discussed repairs to the road to the Faber Post Office.

Supervisor Harris thanked Mr. Wright for completion of the Route 655 Bridge.

Supervisor Bruguiere expressed concern that Dark Hollow Road will not be paved before Winter.

November 8, 2005

Supervisor Harvey discussed repairs to the Route 151 and Route 6 Intersection.

Supervisor Wood stated that the 45 mph speed limit near the Food Lion entrance needs enforcement. Mr. Harvey stated that it is not a good flow of traffic and noted that a sign is needed alerting a speed reduction.

Note: Supervisor Brennan had to leave the Meeting for a prior commitment.

C.   Purchase of Development Rights: Bill Dickinson

Bill Dickinson, Deputy Secretary of Agriculture and Forestry, presented a power point presentation on the Purchase of Development Rights.

Mr. Dickinson overviewed the following:

•   Trends in Virginia Agriculture: 2005
•   Challenges to Virginia Agriculture
•   Responding to the Challenges (The Profitability Challenge and the Loss of Capital)
•   A Secretary for Virginia Agriculture and Forestry

Mr. Dickinson stated that Virginia agriculture faces many challenges in the new millennium, among which are achieving and maintaining profitability, and loss of capital – human, physical and financial.

Mr. Dickinson stated that the County needs to decide which areas they want to preserve and concentrate on them.

Concluding Mr. Dickinson’s presentation, the Board thanked him for an excellent presentation and requested a copy of a model program if the State has developed one for a County.

D.   Backhoe Policy: Dr. Susan McLeod & Don Hackler

Donald Hacker, Sandy Miller, and Tom Eick met with the Board regarding the Backhoe Policy. Mr. Hacker stated that effective for applications submitted in the Thomas Jefferson Health District on or after November 1, 2005, backhoe pits are required for Health Department staff to perform the soils evaluation required to issue a certification letter or construction permit for an on-site sewage disposal system. The cost of hiring the backhoe operator and making arrangements for the site visit are the responsibility of the applicant.

November 8, 2005

The policy may apply for lots without an active permit even if previously approved by the Health Department as part of a subdivision and for any Level 2 reviews of work submitted by a private soil consultant or professional engineer when deemed appropriate by this office.

The Policy was instituted for the safety of employees from shoulder, back and elbow injury; the possibility of digging into underground utilities; to allow better evaluation of soils to include depth to rock and water table; to prevent wasted trips, improving overall efficiency; and to enable the health department to better determine the type of sewage disposal systems that can be permitted for a subject property.

The cost of the backhoe and scheduling will be borne by the applicant. When the property owner’s income makes the applicant eligible for a reduced application fee, special consideration may be given.

Concluding the presentation, the Board of Supervisors expressed concern regarding the Backhoe Policy and stated that they would have preferred to have input prior to instituting the Policy.

E.   Legislative Program: David Blount

Mr. Blount presented a draft 2006 Thomas Jefferson Planning District Legislative Program. The six priorities “Action Items” are as follows:

•   Transportation
•   Local Revenue Authority
•   Public Education Funding
•   Comprehensive Services Act
•   Public Safety
•   Land Use and Growth Management

Areas of continuing concern include the following:

•   Economic Development
•   Environmental Quality
•   Health and Human Services
•   Housing
•   Local Government Structure and Laws

Mr. Carter stated that he met with Mr. Blount and discussed items prior to submittal to the Board of Supervisors. Mr. Carter also stated that in addition to the items listed, the Clerk of the Circuit Court is requesting the development of a GIS Program to record plats to insure that they are correct and accurate. It was noted that whatever is submitted to the Clerk’s Office, they are required to record it.
November 8, 2005

Additionally, Mr. Blount stated that a Statement supporting the provisions that restore voting rights for persons who have completed prison sentences on felony convictions was also included in the Local Government Structure and Laws.

Following discussion, the Board supported the Clerk of the Circuit Court’s request, but was not in favor of restoring the voting rights for persons who have completed prison sentences.

Concluding additional information, the Board of Supervisors endorsed the six priorities “Action Items” as follows:

Re: Endorsement of 2006 Thomas Jefferson Planning District Legislative Program

On a motion duly made by Mr. Harris, seconded by Mr. Bruguiere, with Mr. Harris voting yes, Mr. Bruguiere voting yes, Ms. Brennan absent, Mr. Harvey voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby endorse the 2006 Thomas Jefferson Planning District Legislative Program as amended to not support restoring the voting rights of persons who have completed prison sentences.

Additionally, Mr. Carter presented four items to be included in the Local Initiatives as follows:

•   Admissions Tax
•   Transient Occupancy Tax
•   Local Facilities
•   Transportation
•   Recordation Deeds

The Board discussed the Local Initiatives and agreed to remove the Admissions Tax and included the Clerk’s Request for Recordation of Deeds in the Clerk’s Office.

Re: Endorsement of the 2006 Local Initiatives for the Legislative Program

On a motion by Mr. Bruguiere, seconded by Mr. Harvey, with Mr. Bruguiere voting yes, Mr. Harvey voting yes, Ms. Brennan absent, Mr. Harris voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby endorse the 2006 Local Initiatives for the Legislative Program as follows:

November 8, 2005

•   Transient Occupancy Tax
•   Local Facilities
•   Transportation
•   Recordation of Deeds

F.   Schuyler Historic District: Bob Carter

Mr. Carter reported that Bob Carter will not be able to attend the Meeting today, but will be available for the December Meeting.

Agenda Item Number IV. Unfinished Business

A.   RVCC Lease

County Attorney, Phillip Payne, reviewed proposed changes to the Rockfish Lease.

The Board of Supervisors discussed the proposed lease and expressed concern that all Centers are being treated the same.

Mr. Wood stated that by leasing instead of getting rid of, the County is taking on more expense.

Mr. Harvey stated that it has been the Board’s intention to get the “maintenance nightmare” of the Centers out of the Counties hands and stated that he is not convinced the County should turn Rockfish over because it is a valuable piece of property.

Concluding additional discussion, the Board of Supervisors passed the following Resolution authorizing County Administrator, Stephen A. Carter, to execute the agreement:

Re: Authorization to County Administrator, Stephen A. Carter, to Execute the Lease Agreement Regarding the Rockfish Valley Community Center

On a motion by Mr. Harvey, seconded by Mr. Harris, with Mr. Harvey voting yes, Mr. Harris voting yes, Mr. Bruguiere voting yes, Ms. Brennan absent, and Mr. Wood voting yes, following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby authorize County Administrator, Stephen A. Carter, to execute the Lease Agreement regarding the Rockfish Valley Community Center as amended.

November 8, 2005

B.   Animal Control Laws

County Attorney, Phillip Payne, presented a proposed amendment to the County Code, Chapter 3, Article 43, Categories of Dogs Prohibited from Running at Large, and noted that the proposed Ordinance is not as restricted as it could have been.

The proposed Ordinance states that it shall be unlawful to permit breeds of dogs to run at large unless either hunting or under the immediate control of the owner or custodian. The breeds are Hybrid Canines; Pit Bulls; Rottweilers; and Dobermans.

Concluding discussion, the Board of Supervisors passed a Resolution authorizing the County Administrator to advertise the proposed Ordinance for a Public Hearing:

Re: Authorization to County Administrator, Stephen A. Carter, to Advertise for a Public Hearing Regarding a Proposed Amendment to Chapter 3, Article 43. Categories of Dogs Prohibited from Running at Large

On a motion duly made by Mr. Harris, seconded by Mr. Bruguiere, with Mr. Harris voting yes, Mr. Bruguiere voting yes, Ms. Brennan absent, Mr. Harvey voting no, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby authorize County Administrator, Stephen A. Carter, to advertise for a Public Hearing at the December 13, 2005 Meeting the proposed Amendment to Chapter 3, Article 43. Categories of Dogs Prohibited from Running at Large.

C.   Resolution: Route 29

The Board of Supervisors deferred the proposed Resolution on Route 29 until the December Meeting.

Agenda Item Number V. New Business

A.   Animal Claim

Mr. Carter presented a request from Peggy A. Roberts of 1250 Rock Spring Road, Faber, requesting compensation for a cow killed by dogs. Mr. Carter stated that there was miscommunication between the Animal Control Officer and Ms. Roberts regarding a description of the dogs killing the livestock.

The Charlottesville Livestock Market, Inc., has certified that the cow weighted 750 pounds, priced at ninety dollars per pound, for a total amount of $675.00.

November 8, 2005

Mr. Carter stated that Pursuant to Section 3.1-796.118 of the State Code, compensation for livestock and poultry killed by dogs provides for compensation not to exceed $400 per animal to any person who has livestock killed or injured by any dog not his own.

Mr. Harris stated that he has a problem regarding the questioning of the claim; specifically, the owners of the dog and Ms. Roberts responding verbally and not putting the information in writing until after sixty days.

Mr. Harvey stated that if the claim is paid, the County will be opening up a “big door” for future livestock claims.

Concluding additional discussion, the Board passed the following Resolution denying the claim:

Re: Denial of Livestock Claim to Peggy A. Roberts, 1250 Rock Spring Road, Faber

On a motion duly made by Mr. Harvey, seconded by Mr. Bruguiere, with Mr. Harvey voting yes, Mr. Bruguiere voting no, Mr. Harris voting no, Ms. Brennan absent, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby deny a livestock claim request by Peggy A. Roberts of Faber.

Note: Because of a tie vote, no action was taken on the claim.

B.   Resolution: Property Acquisition

The Board of Supervisors deferred Item B pending additional information regarding the environmental aspect of the property acquisition for the new Tourism Office on Front Street.

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

A.   Board of Supervisors Committee Reports

Mr. Harris stated that the Solid Waste Committee has met with County Administrator, Stephen Carter, and Surveyor, Massie Saunders, regarding locating a site for consolidated convenience centers.

Mr. Harris also stated that the Senior Committee has requested Governor Warner and Legislators to approve additional funding for the fuel assistance program.

November 8, 2005

B.   Appointments

(1)   Thomas Jefferson Health Council

Sarah Jane Stewart and Mary Cunningham have expressed an interest in the vacancy on the Thomas Jefferson Health Council. The appointment was deferred.

(2)   Nelson County Planning Commission

Dolores Truesdale, Mike Tapager, and Larry Saunders have expressed an interest in the vacancy on the Planning Commission. The Board discussed candidates coming in to meet with the Board of Supervisors prior to appointment. Concluding additional discussion, the appointments were deferred.

(3)   Monticello Area Community Action Agency

Peter Perdue has expressed an interest in the vacancy on the Monticello Area Community Action Agency. The Board passed the following Resolution appointing Mr. Perdue to fill the vacancy.

Re: Appointment of Peter Perdue to the Monticello Area Community Action Agency

On a motion by Mr. Harris, seconded by Mr. Harvey, with Mr. Harris voting yes, Mr. Harvey voting yes, Ms. Brennan absent, Mr. Bruguiere voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That Peter Perdue is hereby appointed to the Monticello Area Community Action Agency, effective November 8, 2005 to expire December 31, 2009.

C.   County Administrator’s Report

Mr. Carter presented the County Administrator’s Report for November.

D.   Board Directives

Board Directives were deferred until the Continued Meeting on November 9, 2005, 6:00 p.m.

November 8, 2005

E.   Correspondences

(1)   Schuyler Museum & Community Center
(2)   Disaster Designation, Drought Conditions

Correspondences were deferred until the Continued Meeting on November 9, 2005, 6:00 p.m.

Agenda Item Number VII. Closed Meeting

Mr. Wood stated that a Closed Meeting to discuss the County Administrator’s Evaluation will be deferred until the Continued Meeting on November 9, 2005, 6:00 p.m.

Agenda Item Number VIII. Recess and Reconvene for Evening Session

The Board of Supervisors recessed the Afternoon Session at 5:45 p.m. and reconvened the Evening Session at 7:30 p.m.

Agenda Item Number IX. Public Hearings:

A.   Proposed Ordinance: Personal Property Tax Relief

Mr. Carter presented the proposed Personal Property Tax Relief Ordinance. Mr. Carter provided background information and stated that the Board is considering the adoption of an Ordinance to provide for implementation of the Personal Property Tax Relief Act as effected by 2004 and 2005 Legislation adopted by the General Assembly.

Following Mr. Carter’s presentation, Mr. Wood opened the Public Hearing.

There being no comments from the public, Mr. Wood closed the Public Hearing.

On a motion by Mr. Harris, seconded by Mr. Bruguiere, with Mr. Harris voting yes, Mr. Bruguiere voting yes, Ms. Brennan absent, Mr. Harvey voting yes, and Mr. Wood voting yes, the Board of Supervisors adopted the following Ordinance:

Adoption of Chapter 11, Article X
Ordinance for Implementation of the Personal Property Tax Relief Act

BE IT ORDAINED, That the Nelson County Board of Supervisors does hereby adopt an Ordinance for Implementation of the Personal Property Tax Relief Act, Chapter 11, Article X, of the County Code of Nelson County, as follows:

§ 11-191. Purpose; Definitions; Relation to other Ordinances. (a) The purpose of this Ordinance is to provide for the implementation of the changes to PPTRA effected by legislation adopted during the 2004 Special Session I and the 2005 Regular Session of the General Assembly of Virginia.
November 8, 2005

(b) Terms utilized in this Ordinance that have defined meanings set forth in PPTRA shall have the same meanings as set forth in Va. Code § 58.1-3523, as amended.

(c) To the extent that the provisions of this Ordinance conflict with any prior Ordinance or provision of the Nelson County Code, this Ordinance shall control.

§ 11-192. Method of Computing and Reflecting Tax Relief. (a) For tax years commencing in 2006, the County adopts the provisions of Item 503.E of the 2005 Appropriations Act, providing for the computation of tax relief as a specific dollar amount to be offset against the total taxes that would otherwise be due but for PPTRA and the reporting of such specific dollar relief on the tax bill.

(b) The Board of Supervisors shall, by resolution, set the rate of tax relief at such a level that it is anticipated fully to exhaust PPTRA relief funds provided to the County by the Commonwealth.

(c) Personal property tax bills shall set forth on their face the specific dollar amount of relief credited with respect to each qualifying vehicle, together with an explanation of the general manner in which relief is allocated.

§ 11-193. Allocation of Relief among Taxpayers. (a) Allocation of PPTRA relief shall be provided in accordance with the general provisions of this section, as implemented by resolution and the specific provisions of the County’s annual budget relating to PPTRA relief.

(b) Relief shall be allocated in such a manner as to eliminate personal property taxation of each qualifying vehicle with an assessed value of $1,000 or less.

(c) Relief with respect to qualifying vehicles with assessed values of more than $1,000 shall be provided at a rate, annually fixed by resolution in the County budget process and applied to the first $20,000 in value of each such qualifying vehicle, that is estimated fully to utilize all available state PPTRA relief. The rate shall be established annually by resolution as a part of the adopted budget for the County.

§ 11-194. Transitional Provisions. (a) Pursuant to authority conferred in Item 503.D of the 2005 Appropriations Act, the County Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100% of tax due without regard to any former entitlement to state PPTRA relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such date as state funds for reimbursement of the state share of such bill have become unavailable, whichever earlier occurs.

(b) Penalty and interest with respect to bills issued pursuant to subsection (a) of this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in Section 11-4 of the Nelson County Code, from the original due date of the tax.

BE IT FINALLY ORDAINED, That this Ordinance shall be effective January 1, 2006.

B.   Final Subdivision Approval: Jockey’s Ridge Subdivision

Planning Director, Fred Boger, stated that a request for Final Subdivision Approval for Jockey’s Ridge Subdivision has been submitted. Mr. Boger stated that Howard Vance, Land Surveyor, has submitted a final subdivision plat to subdivide 34.501 acres into sixteen lots, located on Diggs Mountain Road, Route 668 and owned by John C. Holland, Jr. The property is identified as Tax Map Number 67-4, Parcel 19.

November 8, 2005

Mr. Boger overviewed the request and stated that the Planning Commission voted 5-0 to recommend approval of the final subdivision on October 26, 2005.

Mr. Wood opened the Public Hearing. There being no comments from the public, Mr. Wood closed the Public Hearing.

On a motion by Mr. Harris, seconded by Mr. Harvey, with Mr. Harris voting yes, Mr. Harvey voting yes, Mr. Bruguiere voting yes, Ms. Brennan absent, and Mr. Wood voting yes, the following Resolution was adopted:

Re: Approval of the Final Subdivision Plat for Jockey’s Ridge Subdivision

WHEREAS, Howard L. Vance, Land Surveyor, representing Mr. John C. Holland, Jr., ET AL, has filed a final subdivision plat with the Nelson County Planning Department to divide 34.50 acres into 16 lots, said plat entitled “Plat Showing Jockey’s Ridge,” dated February 9, 2005, revised March 9, 2005 and September 19, 2005; and

WHEREAS, A notice of Public Hearing for the review of the final plat by the Nelson County Planning Commission was published in the Nelson County Times on October 6 and October 13, 2005; and

WHEREAS, On October 26, 2005, the Nelson County Planning Commission held the required public hearing on said final plat; and

WHEREAS, The Director of Planning informed the Planning Commission that the required soil work for this subdivision has been submitted to the Health Department and has been approved by said Department; and

WHEREAS, Following the public hearing the Planning Commission voted 5-0 to recommend to the Nelson County Board of Supervisors approval of the final Subdivision Plat, dated February 9, 2005 and revised March 9, 2005 and September 19, 2005, entitled “Plat Showing Jockey’s Ridge.” Staff is authorized to sign the final plat once the Board of Supervisors approval is received; and

WHEREAS, On November 8, 2005 the Nelson County Board of Supervisors held the required public hearing on said plat:

NOW, THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY BOARD OF SUPERVISORS THAT THE FINAL Subdivision Plat, dated February 9, 2005 and revised March 9, 2005 and September 19, 2005, entitled “Plat Showing Jockey’s Ridge is approved and that Staff is authorized to sign the final plat.

November 8, 2005

Concluding the adoption of the Resolution, Supervisor Bruguiere apologized for not attending the Planning Commission Meeting and subsequently not having a quorum and delaying the request another thirty days.

C.   Final Subdivision Approval: Division of Lot Number 6, Spy Rock Subdivision

Planning Director, Fred Boger, stated that Kathleen Monaghan is requesting approval of the final plat for the division of Lot Number 6 in the Spy Rock Subdivision into separate lots. The property is located on a private road at the end of Fish Hatchery Lane, Route 690 in Montebello, identified as Tax Map Number 26-5, Parcel 6.

Mr. Boger overviewed the request and noted that on October 26, 2006, the Planning Commission voted to recommend approval of the Final Subdivision.

Supervisor Wood opened the Public Hearing.

Attorney Sam D. Eggleston, Jr., noted that there is a functioning septic system on the property.

Concluding comments from Mr. Eggleston, Supervisor Wood closed the Public Hearing.

On a motion by Mr. Bruguiere, seconded by Mr. Harvey, with Mr. Bruguiere voting yes, Mr. Harvey voting yes, Mr. Harris voting yes, Ms. Brennan absent, and Mr. Wood voting yes, the following Resolution was adopted:

Re: Approval of the Final Subdivision Plat for Lot Number 6, Spy Rock Subdivision

WHEREAS, Ms. Kathleen Monaghan has filed a final subdivision plat with the Nelson County Planning Department to divide Lot Number 6, Spy Rock Subdivision, said plat being dated June 2, 2005; and

WHEREAS, A Notice of Public Hearing for the review of the final plat by the Nelson County Planning Commission was published in the Nelson County Times on October 6 and October 13, 2005; and

WHEREAS, On October 26, 2005, the Nelson County Planning Commission held the required public hearing on said final plat; and

WHEREAS, On September 28, 2005, the Planning Director informed the Planning Commission that the soils scientist, Roger Nelson, has submitted a letter stating that soil conditions meet current Health Department standards for the installation of subsurface sewage disposal system, the existing dwelling drainfield appears to be functioning properly, and the revised survey will be submitted; and

November 8, 2005

WHEREAS, On October 26, 2005, the Nelson County Planning Commission held a public hearing on the final subdivision plat and voted 5-0 to recommend approval of the final Subdivision Plat, dated June 2, 2005, entitled “A Plat of The Division of Lot Number 6, Spy Rock Subdivision, near Montebello, surveyed for Kathleen Monaghan,” contingent upon the soils work being approved by the Nelson County Health Department; and

WHEREAS, On November 8, 2005, the Nelson County Board of Supervisors held the required public hearing on the final subdivision plat:

NOW THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY BOARD OF SUPERVISORS, That it approves the final Subdivision Plat, dated June 2, 2005, entitled “A Plat of The Division of Lot Number 6, Spy Rock Subdivision near Montebello, surveyed for Kathleen Monaghan,” contingent upon the soils work being approved by the Nelson County Health Department and Staff is authorized to sign the Subdivision Plat upon approval of the soils work.

Concluding adoption of the Resolution, Supervisor Bruguiere apologized to Ms. Monaghan for not attending the Planning Commission Meeting on September 28, 2005 and subsequently not having a quorum and delaying the request for an additional thirty days.

D.   Final Subdivision Approval: Division of the Property of Marlo Gayle Allen

Planning Director, Fred Boger, stated that Marlo Allen, 5280 Rockfish Valley Highway, is requesting approval of the final subdivision plat on property identified as Tax Map Number 22-A, Parcel 64F.

The Planning Commission voted 5-0 to recommend approval to the Board of Supervisors.

Supervisor Wood opened the Public Hearing.

Surveyor, Massie Saunders, expressed concern that the request has been submitted since March and is just being heard by the Board in November.

Following comments from Mr. Saunders, Supervisor Wood closed the Public Hearing.

Supervisor Bruguiere apologized to Ms. Allen for not attending the Planning Commission Meeting on September 28, 2005 and subsequently not having a quorum and delaying the request for an additional thirty days.

Concluding discussion, on a motion by Mr. Harvey, seconded by Mr. Harris, with Mr. Harvey voting yes, Mr. Harris voting yes, Mr. Bruguiere voting yes, Ms. Brennan voting yes, and Mr. Wood voting yes, the following Resolution was adopted:
November 8, 2005

Re: Approval of the Final Subdivision Plat for Marlo Gayle Allen

WHEREAS, P. Massie Saunders, Land Surveyor, representing Marlo Gayle Allen, has filed a final subdivision plat with the Nelson County Planning Department to divide 5.973 acres located on Rockfish Valley Highway into two lots, said plat being dated July 13, 2005; and

WHEREAS, On August 9, 2005, the Nelson County Board of Supervisors approved exceptions to Sections 4-7-C and 4-6-C to permit three lots on a private street not built to County Standards with the condition of no further division of either property without approval of the Board of Supervisors; and

WHEREAS A notice of Public Hearing for the review of the final plat by the Nelson County Planning Commission was published in the Nelson County Times on October 6 and October 13, 2005; and

WHEREAS, On October 13, 2005, the soils report was submitted to the Health Department and approved by letter dated October 26, 2005; and

WHEREAS, On October 26, 2005, the Nelson County Planning Commission held a Public Hearing on the final subdivision plat, and following the hearing, voted 5-0 to recommend to the Nelson County Board of Supervisors approval of the final subdivision plat, dated July 13, 2005, entitled “A COMPOSITE DRAWING SHOWING A SUBDIVISION OF THE PROPERTY OF MARLO GAYLE ALLEN” located on Rockfish Valley Highway with the condition that no further division of this property identified as Tax Map Number 22-A-64F, and that the final subdivision plat can be signed by Staff when the plat is revised to show the date of the Board of Supervisors approval of the road exception, August 9, 2005, and approved by the Board of Supervisors; and

WHEREAS, Mr. P. Massie Saunders has submitted a revised plat noting the August 9, 2005 exceptions granted by the Board of Supervisors; and

WHEREAS, On November 8, 2005 the Nelson County Board of Supervisors held a public hearing of the final subdivision plat:

NOW THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY BOARD OF SUPERVISORS That it approves the final subdivision plat, dated July 13, 2005, entitled “A COMPOSITE DRAWING SHOWING A SUBDIVISION OF THE PROPERTY OF MARLO GAYLE ALLEN” located on Rockfish Valley Highway and that Staff is authorized to sign the final subdivision plat.

November 8, 2005

E.   Rezoning Number 2005-003: Judy Barnes

Planning Director, Fred Boger, stated that Judy Barnes and Larry Whitaker are requesting to rezone approximately one acre of land in front of the former Lovingston Manufacturing Building located at 8230 Thomas Nelson Highway from Limited Manufacturing, M-1, to Business, B-1, to create a future out parcel for use as a restaurant.

The Planning Commission voted 4-1 to recommend approval of the rezoning. Mr. Boger stated that Commissioner Proulx stated that the request is too close to being spot zoning and she could not support it.

Supervisor Wood opened the Public Hearing.

Supervisor Bruguiere asked if one acre would be sufficient for the restaurant. Mr. Whitaker responded that it should be.

Concluding comments, Supervisor Wood closed the Public Hearing.

On a motion by Mr. Harris, seconded by Ms. Brennan, with Mr. Harris voting yes, Ms. Brennan voting yes, Mr. Bruguiere voting yes, Mr. Harvey voting yes, and Mr. Wood voting yes, the following Resolution was adopted:

Re: Approval of an Ordinance Amending the Nelson County Zoning Map

WHEREAS, Larry Whitaker and Judy Barnes have filed a petition to rezone approximately one (1) acre of land on the Northwest corner of their property located at 8230 Thomas Nelson Highway from Limited Manufacturing, M-1, to Business, B-1, generally known as the former Lovingston Manufacturing site and further identified as Tax Map Number 67-A, Parcel 27; and

WHEREAS, The petitioners have submitted a copy of a survey for the entire property and identified the area to be rezoned; and

WHEREAS, In accordance with Section 15.2 of the Code of Virginia, 1950, as amended, and Pursuant to Section 15.2-2204, Section 15.2-2285 and Section 15.2-2310, a notice of Public Hearing for consideration of the rezoning petition was published in the Nelson County Times on October 6 and October 13, 2005; and

WHEREAS, On October 26, 2005, the Nelson County Planning Commission held the required public hearing on said rezoning petition; and

November 8, 2005

WHEREAS, The Director of Planning presented to the Commission the Staff report; and

WHEREAS, The Planning Commission considered the Planning Director’s report, comments from the public in attendance at the public hearing, and comments from the petitioners; and

WHEREAS, The Nelson County Planning Commission voted 4-1 to recommend to the Nelson County Board of Supervisors approval of the Ordinance to rezone approximately one acre of land located at 8230 Thomas Nelson Highway as shown on the survey submitted as part of the petition from Limited Manufacturing, M-1, to Business, B-1, and that the Zoning Map for Nelson County be amended to reflect this change in zoning for said property and the Planning Director is authorized to make the necessary change to the Zoning Map; and

WHEREAS, On November 8, 2005, the Nelson County Board of Supervisors held the required public hearing on said rezoning petition; and

WHEREAS, After reviewing the Staff report, the recommendation from the Planning Commission and comments from the public in attendance, and comments from the petitioners:

NOW THEREFORE, BE IT RESOLVED BY THE NELSON COUNTY BOARD OF SUPERVISORS, That the Nelson County Zoning Map is amended to change the zoning classification of approximately one acre of land located at 8230 Thomas Nelson Highway as shown on the survey submitted as part of the petition from Limited Manufacturing, M-1, to Business, B-1; and

BE IT FURTHER RESOLVED, That the Planning Director is directed to make the appropriate change to the Zoning Map to reflect this change in zoning classification for the one acre portion of the property; and

BE IT FINALLY RESOLVED, That this Ordinance shall become effective upon its passage.

Additionally, Supervisor Bruguiere apologized to Ms. Barnes and Mr. Whitaker for not attending the Planning Commission Meeting on September 28, 2005 and subsequently not having a quorum and delaying the request for an additional thirty days.

November 8, 2005

Agenda Item Number X. Courthouse Project

Mrs. Marjorie Eggleston, a member of the Courthouse Renovation Committee, recommended getting a second opinion on the historic significance of the old jail and the Sheriff’s Department.

Additionally, Mr. Carter provided an update on the Courthouse Project and stated that the County is still talking with the property owner to the East of the Courthouse. Mr. Carter stated that Wiley and Wilson is preparing a more formalized drawing of the proposed project.

Mr. Carter questioned if the Board wanted to pursue development on the current campus or look at other potential sites on Route 29 along the 29 Corridor.

The Board stated that it would be worthwhile to take a look at all options.

Agenda Item Number XI. Public Comments

Kenneth White provided information on preventing hurricane disasters.

Massie Saunders discussed the approval process for septic fields and expressed concern that it takes a lot of money from preliminary to final approval.

Agenda Item Number XII. Other Business

No other business was offered.

Agenda Item Number XIII. Adjournment

Re: Continuance of November 8, 2005 Meeting to November 9, 2005

On a motion by Mr. Harris, seconded by Mr. Harvey, with Mr. Harris voting yes, Mr. Harvey voting yes, Mr. Bruguiere voting yes, Ms. Brennan absent, and Mr. Wood voting yes, the following Resolution was adopted:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby continue the November 8, 2005 Meeting to November 9, 2005, 6:00 p.m.

_________________________________, Chair