Board of Supervisors: August 9, 2005

August 9, 2005

August 9, 2005

Virginia:

At a Continued Meeting of the Nelson County Board of Supervisors on August 9, 2005, 10:30 a.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
       Betty F. Fortune, Planning Secretary

Agenda Item Number I. Call Meeting to Order
Chair Wood called the Meeting to order.

Agenda Item Number II. Review of Zoning Ordinance
The Board of Supervisors continued review of the proposed Zoning Ordinance as follows:

CHAPTER 8 - PARKING AND LOADING
Deleted Chapter 8 and included Section 12-7 of the existing
ordinance.

Mr. Boger was directed to review the number of spaces required
for each use in the proposed and existing ordinance and use the lesser number. Parking for Nursery Schools and Child Care was changed from one space for each twenty children to one space for each ten children.

CHAPTER 10 - SIGN REGULATIONS
G. Exempt Signs 19. Decals
Deleted.

H. Temporary Signs
Changed the permit for a temporary sign from thirty days to ninety days.

I. Prohibited Signs - 7. Tree, Utility Pole and Other Related Signs
Deleted utility poles.

I. Prohibited Signs - 8. Signs Projecting Over a Public Right-of-Way
Added a minimum height of eight feet for any signs approved by the Planning Commission that will project over a right-of-way.

I. Prohibited Signs - 10. Signs Attached to Freestanding Sign
Changed "Separate signs attached to a freestanding sign or its
supporting structure, advertising services (including but not limited to) automobile travel clubs and credit cards to separate signs attached
to a freestanding sign or its supporting structure, except those
advertising related services such as automobile travel clubs and credit
cards, as long as the total allowed sign square footage is not exceeded."

J. Nonconforming Signs - 3.
Deleted "composition" and "color" in the sentence, "Nonconforming signs shall not be repainted or refaced when such action alters or changes the wording, composition, color or material of the sign unless such a change is specifically authorized by the Planning Director."

Agenda Item Number III. Other Matters
No other matters were discussed.

Agenda Item Number IV. Adjournment

Re: Adjournment

On a motion by Mr. Harvey, seconded by Ms. Brennan, with Mr. Harvey voting yes, Ms. Brennan voting yes, Mr. Bruguiere voting yes, 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 adjourn the August 9, 2005, 10:30 a.m. Meeting.

________________________________, Chair

August 9, 2005

Virginia:

At a Regular Meeting of the Nelson County Board of Supervisors on August 9, 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
Supervisor Wood called the Meeting to order.
A.   Moment of Silence
B.   Pledge of Allegiance: Supervisor Brennan

Agenda Item Number II. Consent Agenda
A.   Minutes
B.   Refunds
C.   Resolution, Blue Ridge Trail Agreement
D.   FY 2005-2006 Budget Amendment
E.   Resolution, National Incident Management System
F.   Jackets: Boy’s Soccer Team

The Board of Supervisors approved the Consent Agenda, exclusive of the Minutes, as follows:
Re: Approval of Consent Agenda

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:

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

A.   Refunds
Re: Approval of Refunds

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve refunds to Sandra Leigh Beebe in the amount of $111.51; and to Banc of America Leasing & Capital, LLC in the amount of $331.88.

Re: Virginia Blue Ridge Railway Trail Agreement: Transportation Enhancement Program, Authorization to Execute Project Agreement with Virginia Department of Transportation Project EN99-062-120, P101, R201, C501 – UPC# 51977

BE IT RESOLVED, By the Board of Supervisors of the County of Nelson, VA, that the County Administrator, Stephen A. Carter, is hereby authorized to execute on behalf of Nelson County the Amendment to Project Development and Administrative Agreement (formerly referred to as a “Supplemental Agreement”) with the Virginia Department of Transportation for project EN99-062-120, P101, R201, C501 – UPC#51997, Virginia Blue Ridge Railway Trail – Nelson County.

Said amendment addresses the $171,000 allocation received in July 2004 by the Commonwealth Transportation Board with maximum federal funds available for said project of $1,078,000.

C.   FY 2005-2006 Budget Amendment
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
$808.00       3-100-001803-0001   4-100-031020-5409
50,000.00   3-100-002404-0010   4-100-022010-1007
738.00       3-100-002404-0009   4-100-022010-1006
788.27       3-100-002404-0001   4-100-022010-7001
1,500.00   3-100-002404-0004   4-100-031020-7032
74,558.00   3-100-003303-0020   4-100-091050-7031
2,074.50   3-100-009999-0001   4-100-032010-8225
4,975.00   3-100-009999-0001   4-100-013010-1010
$135,441.77


D.   Resolution, National Incident Management System
ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM

BE IT RESOLVED, by the Board of Supervisors of the County of Nelson, VA, to adopt The National Incident Management System in Nelson County, Virginia.

WHEREAS, the Board of Supervisors of Nelson County, Virginia, does hereby find as follows:

WHEREAS, the President in Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, and local governments to work more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity;

WHEREAS, the collective input and guidance from all Federal, State, and local homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS;

WHEREAS, it is necessary and desirable that all Federal, State, and local emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management;

WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, and local organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters;

WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve county’s ability to utilize federal funding to enhance local agency readiness, maintain first responder safety, and streamline incident management processes,

WHEREAS, the Incident Command System components of NIMS are already an integral part of various city/county incident management activities, including current emergency management training programs; and

WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System:

NOW, THEREFORE, BE IT HEREBY PROCLAIMED by the Board of Supervisors of Nelson County, Virginia, that the National Incident Management System (NIMS) is established as the County standard for incident management.

E.   Jackets: Boy’s Soccer Team
Re: Approval to Purchase Jackets for the Boy’s Soccer Team

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve the purchase of jackets for the Boy’s Soccer Team winning the Dogwood District Championship and advancing to the semi-finals of the Region “B” Tournament in the amount of $1,170.00.

Agenda Item Number III. Public Comments and Presentations
A.   Public Comments

Earle Holliday, Wintergreen Resort, spoke in opposition to the request by High Country Associates, L.L.C. for a Special Use Permit because of the density of the proposed condos. At a recent property owners’ meeting, Mr. Holiday stated that one hundred and forty-two property owners were present and all of them spoke in opposition.

Jace Goodling, Nelson County Home Builders’ Association, presented a collection of comments received to illustrate the problems that home owners and builders in Nelson County have encountered over the years. Mr. Goodling stated that the complaints are of a character nature and not of code disputes. Over the last six months, Mr. Goodling stated that the Association has seen some improvements in the Inspections Department, but most importantly, they have seen further examples of the very actions that they claim have been going on for many years. Mr. Goodling stated that the Association, along with dozens of other Nelson County citizens, is requesting the Board of Supervisors to take appropriate action to correct the problems.

Tom Lanaham expressed concern regarding the Building Inspections Department and the disservice to citizens in the County.

Rick Larkin expressed concern regarding the Building Inspections Department and stated that he has not done any work in Nelson, but receives calls about what to do regarding inspections in the County. Mr. Larkin stated that the Amherst County Building Official’s Office is swamped with calls regarding what the State Code actually allows.

A.T. Stevens, Route 782 on Rucker’s Lane Road, requested 2/10 of a mile be State maintained. The Board noted that the request could probably be addressed under Rural Addition.

B. VDOT Report
M. C. McCormack, Resident Engineer, Virginia Department of Transportation, provided a report on issues discussed last month as follows:
•   Report on Rural Rustic Contract (to include Level Green and Dark Hollow). The contract has been awarded, Dark Hollow project has started;
•   Meeting conducted on August 3rd regarding the change in the Speed Limit on Route 29 from 55 mph to 60 mph;
•   The Lovingston Study/Revitalization Project;
•   Six Year Plan Public Hearing to be held in September or October; and
•   Update on the Bypass status and planned completion dates.

Supervisor Bruguiere reported that the Cub Creek Road has washed out because of heavy rains; recommended better equipment be used to do the ditch work on Dark Hollow Road; stated he has spoken with Roger Collins, Superintendent of Schools regarding the drainage problem on League Lane and that VDOT has not accepted any calculations from Draper Aden regarding the repairs; and recommended installing a reduced speed limit before you approach the construction zone for the Lane Ford Bridge repair.

Supervisor Harris thanked VDOT for the deceleration lane at the High School and the Oak Ridge Intersection extension; and requested three quarters of a mile on Route 661, Phoenix Mountain Road be surface treated.

Supervisor Brennan thanked VDOT for meeting with Mr. Pierce on Spruce Creek Lane; reported on a drainage problem on 71 Edge Hill Lane on Route 6; and requested copies of the booklet outlining how speed limits are changed for distribution to Board Members.

Supervisor Wood thanked VDOT for setting up the meeting regarding the change in the speed limit on Route 29; in regard to the issues at the High School, stated that the back lot still needs to be paved and reiterated that VDOT will not accept the calculations from Draper Aden; and questioned what the process is for accepting roads under Rural Addition into the State System (Mr. McCormack recommended putting together a summary to include proposed roads to be considered for Rural Addition).

C. Electoral Board, Voting Machines

Mike Crabill, David McBee, and Susan Gardner, Members of the Electoral Board, and Lisa Wooten, Register, reported on changes that will have to be made in Nelson’s voting method required by Federal HAVA rules.

Chairman Crabill stated that the existing machines do not meet handicapped guidelines and new machines need to be in place by 2006. Mr. Crabill stated that the Electoral Board is hoping to have one machine in each precinct for the November election before actually put in use.

After reviewing the available options, Mr. Crabill stated that the Electoral Board believes the best decision would be to switch over entirely to the WINvote voting system. A total of thirty machines is needed; however, Mr. Crabill stated that twelve machines can be purchased with Federal funds.

If the Board of Supervisors agrees with the Electoral Board’s recommendation, a supplement of $40,777.50 is needed to proceed with the purchase. An estimated cost comparison per election was presented.

Concluding comments from Mr. Crabill, Ann Marie Middleworth gave a demonstration of the WINvote machine.

Following Ms. Middleworth’s demonstration, the Board of Supervisors discussed the pros and cons of purchasing the new equipment including recount capabilities; confidentially; training workers and voters to use the new machines; and conducting a work session with the Electoral Board.

Concluding discussion, 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 voting yes, and Mr. Wood voting yes, the Board of Supervisors passed a Resolution authorizing the purchase of twelve WINvote Voting Machines with Federal funds as follows:

Re: Authorization to the Electoral Board to Purchase Twelve WINvote Voting Machines with Federal Funds

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby authorize the Electoral Board to purchase twelve WINvote Voting Machines with Federal funds in the amount of $42,000.

D. Wiley & Wilson, Courthouse Project

Randy Vaughan, Wiley & Wilson, presented a power point presentation on the update of the Courthouse Project. As a result of the Courthouse Renovation Committee Meeting in July, Mr. Vaughan stated that Scheme 6 has been established.

Mr. Vaughan stated that potential sites for County Administration have been identified; new site selection criteria is being developed; two interested property owners have been identified; and stated that Scheme Six has been developed based on discussion with the Committee and property owners.

The Courthouse Design Premises are as follows:
•   The historic courthouse will remain the courthouse;
•   The historic courthouse is to remain the prominent feature;
•   The courthouse green is to remain intact;
•   All judicial and county administration functions must be included;
•   Everything must fit on the existing site and available adjacent parcels;
•   The facility must continue to function through the construction; and
•   The old jail building will remain.

The Site Plan for Scheme 6 consists of the existing Packing Shed and residential property to be purchased by the County. The proposed New Administration Building Number 1 consists of three floors (total square feet 23,040); the New Administration Building Number 2 consists of two floors (total square feet 19,160); and the New Courts Building consists of two floors (first floor 6,600 square feet and the second floor 21,621 square feet). The total office space needed is 78,151 and the total space needed for parking is 270 spaces. The total cost for Scheme 6 is estimated at $20,500,000, exclusive of land acquisition.

The Committee has recommended relocating the Jefferson Building and to retain the existing old jail.

Concluding Mr. Vaughan’s presentation, Mr. Harvey made a motion and seconded by Mr. Bruguiere to destroy the existing old jail as follows:

Re: Destroy the Existing Old Jail and Not Include in the Courthouse Renovation Project

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby recommend the existing Old Jail be destroyed and not included in the Courthouse Renovation Project.

Re: Relocate the Jefferson Building for Inclusion in the Courthouse Renovation Project

On a motion by Mr. Harvey, seconded by Ms. Brennan, with Mr. Harvey voting yes, Ms. Brennan voting yes, Mr. Bruguiere voting yes, 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 relocate the Jefferson Building for inclusion in the Courthouse Renovation Project.

Re: Approval for the Health Department Building to be Demolished First for the Courthouse Renovation Project

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:

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve the Health Department Building to be demolished first for the Courthouse Renovation Project.

Additionally, the Board of Supervisors, by consensus, stated they would like to acquire property as outlined in Scheme 6 from Jane Lingo (to acquire the full property and offer her life time rights) and the Packing Shed for the Courthouse Renovation Project.

E. Nelson County Bicentennial: Staff
Mr. Carter provided information from Maureen Corum, Director of Tourism and Economic Development, on establishing a Committee for the Nelson County Bicentennial.

The goal of the Committee is to convene a committee whose responsibility is to design and implement a yearlong bicentennial celebration.

Ms. Corum is proposing that a temporary position be established to administer the work of the Committee.

Supervisor Bruguiere stated that he is not in favor of hiring someone and noted that the first step is to appoint a committee.

The Board directed that the Committee consists of ten members including a representative from each District; the School System; the Historical Society; a Board Member; a Chamber of Commerce Member; an appointee from Wintergreen Resort; and Staff Members.

The Board of Supervisors passed a Resolution to create a Bicentennial Committee as follows:

Re: Authorization to Establish a Committee for the 2007 Nelson County Bicentennial Celebration

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby authorize establishing a Committee for the 2007 Nelson County Bicentennial Celebration.

Agenda Item Number IV. Unfinished Business
A.   Animal Laws: County Attorney
The Board of Supervisors deferred discussion on Animal Laws.

B.   Oxygen System
Mr. Carter stated that Staff is checking on the liability of approving an Oxygen System for Rescue Squad units.

C.   GIS Position
Mr. Carter stated that Staff will report on the status of the GIS Position at the September Meeting.

D.   Paid EMS Personnel
Mr. Carter reported that Wintergreen has authorized the negotiation for an agreement for paid EMS Personnel.

E.   Rockfish Center Lease
Mr. Carter reported that County Attorney Payne will provide information on the Rockfish Center Lease at the September Meeting.

F.   Truck Stop
Mr. Carter stated that a meeting has been scheduled with DEQ; County Attorney Payne; and Tim Castillo, Service Authority Executive Director, to mitigate problems at the Tye River Truck Stop.

Agenda Item Number V. New Business
Supervisor Harris reported on the proposed Shipman Solid Waste Site and stated cost estimates will be presented in September.

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

A.   Board of Supervisors Committee Reports
Supervisor Brennan stated that the Thomas Jefferson Planning District Commission did not meet last month; reported on the Senior Issues Committee Meeting noting that the Committee conducted a brainstorming session; discussed a proposed water study for the County; discussed Personal Property Tax Relief (Mr. Carter will present options at the September Meeting); reported that a grant has been received to establish a Government Civic Program; and discussed needed repairs to the Faber Post Office road.

Supervisor Harris also reported on the Senior Issues Committee Meeting and reiterated that a brainstorming session was held.

B.   Appointments

Ms. Carter provided a list of Board and Commission vacancies.

The Board passed a Resolution appointing J. Alphonso Taylor to replace John Spencer on the Nelson County Economic Development Authority as follows:

Re: Appointment of J. Alphonso Taylor to an Unexpired Term on the Nelson County Economic Development Authority

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby appoint J. Alphonso Taylor to an unexpired term on the Nelson County Economic Development Authority to replace John Spencer, effective immediately to expire June 30, 2006.

C.   Correspondences

(1) Letter from PVCC
Mr. Carter presented a letter from Frank Friedman, President of PVCC, stating that the President’s Office of PVCC is dedicating a wall in its newly-renovated reception area to recognize the college’s service region and is asking that a photograph representing Nelson County be donated for this Wall of Honor.

The Board directed Ms. Corum to select a picture to be displayed on the Wall of Honor at PVCC.

Agenda Item Number VII. Closed Meeting
Re: Closed Meeting

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

BE IT RESOLVED, That Pursuant to Section 2.2-3711.A.1 of the Code of Virginia, 1950, the Nelson County Board of Supervisors does hereby hold a Closed Meeting to discuss a Personnel Matter.

Re: Return to Regular Session

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby return to Regular Session.

Re: Certification of Closed Session

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

BE IT RESOLVED, That Pursuant to Section 2.2-3712.D of the Code of Virginia, 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 Virginia, 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.

Additionally, concluding the Closed Session, Other Business was discussed as follows:

Re: Accept the Resignation of the Nelson County Building Official

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

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby accept the resignation of the Nelson County Building Official, Mr. Michael Redifer, effective September 15, 2005 at closed of business, and authorize the County Administrator to proceed with advertising the position vacancy resulting from Mr. Redifer's resignation.

Additionally, Ms. Brennan and Messrs. Wood and Harvey stated that they wished to publicly thank Mr. Redifer for his service and commitment to Nelson County throughout his tenure as the County's Building Official. Thereafter, Messrs. Bruguiere and Harris also noted their appreciation to Mr. Redifer for his service to Nelson County.

Agenda Item Number VIII. Recess and Reconvene for Evening Session
The Board of Supervisors recessed the Meeting at 6:30 p.m. and reconvened the Evening Session at 7:30 p.m.

All Supervisors were present for the evening session which convened at 7:30 P. M. Mr. Wood stated that the order of items on the Agenda have changed to: 1) Preliminary Subdivision Plat Exception: Marlo G. Allen; 2) Rezoning #2005-002: Curtis Bruguiere; 3) Special Use Permit #2005-001: High Country Associates, L.L.C.; and 4) Ordinance for the Control of Sound Crossing Outdoor Real Property Boundaries. Items XI, XII, and XIII of the Agenda will not change.   Dates were set for two zoning ordinance work sessions: August 15 and 29 at 6:00 P. M.

Agenda Item Number X. Public Hearings.

A.   Preliminary Subdivision Plat Exception: Marlo G. Allen
Mr. Boger, Planning Director, presented the plat, explaining that Ms. Allen wishes to divide an existing 5.973 acre parcel (Tax Map #22-A-64F) into two lots of 2.100 and 3.873 acres. Two property owners currently use the existing private driveway; the third dwelling would require that the road be brought up to County standards. Ms. Allen, represented by Massie Saunders, Surveyor, requested an exception to this regulation (Sections 4-7-C and 4-6-C of the Subdivision Ordinance) and presented a proffer stating that there would be no further division of this property without approval by the Board of Supervisors. (See plat dated July 13, 2005, Note #8.)

Mr. Wood opened the public hearing. There were no public comments.

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

Re: Approval of Preliminary Subdivision Plat Exception for Marlo G. Allen.

BE IT RESOLVED, That the Nelson County Board of Supervisors does    hereby grant to Marlo G. Allen an exception to Subdivision Ordinance    Sections 4-7-C and 4-6-C for property identified as Tax Map #22-A-64F, and accepts the proffer of no further division of this property without approval from the Board of Supervisors.

Agenda Item Number IX. Consideration of Rezoning/Special Use Permit.

A.   Rezoning #2005-002: Curtis Bruguiere
Mr. Boger, Planning Director, presented the Staff report and photographs showing the main and adjacent properties and explained that Mr. Bruguiere is requesting rezoning of 1.88 acres from R-1 to B-1 (Conditional) to allow a real estate office to be located in a portion of Anderson’s Store located at 1897 and 1889 Avon Road. The Planning Commission had previously denied this rezoning for the following reasons: 1) it constitutes spot zoning; 2) it is not in keeping with the Comprehensive Plan; and 3) it would have a detrimental impact on the neighborhood.

Mr. Tommy Bruguiere abstained from the discussion and voting on this matter. Mr. Wood suggested an alternative would be to withdraw this application and immediately reapply to rezone to A-1 with a Special Use Permit. The store would remain non-conforming. If the August 9, 2005
application is voted on and denied, application could be made a year later. Ms. Brennan also mentioned the option of postponing for another month in order to provide additional information to the Board.

Mr. Curtis Bruguiere said he would give further thought to withdrawing the application and reapplying for A-1 rezoning with a Special Use Permit, and that he would send a letter to Mr. Boger confirming his decision. No action was taken by the Board.

B.   Special Use Permit #2005-001: High Country Associates, L.L.C.

Mr. Boger, Planning Director, presented a brief staff report and Stuart Sadler, Attorney representing HCA, provided additional information. At the July BOS meeting, it was requested that HCA prepare and present a conceptional plan and provide answers to the following questions and concerns of the Board.
1)   Provide Ms. Tahboub with 120 units so that she can get financing for senior housing. (This has been done.)
2)   Address concern that the 175 units approved on December 14, 2004 would not be counted in addition to the units proposed in the application. (This has been done.)
3)   Reduce the number of units to be developed. (This has been done.)
The proposal is to permit 120 residential units to be developed on 13.8 acres and effectively downzone 18+ acres from the uses permitted under multiple use zoning to residential uses that are less than 1/5 of the density permitted under its existing zoning.

Ms. Brennan asked if there would be timeshares and Mr. Sadler replied that there would be no timeshares. The units requested are for senior housing only.

Mr. Sadler presented three different plans and explained the concept to the BOS. Ms. Brennan acknowledged that a good compromise has been made, but the number of units changed from 150 to 185. Mr. Sadler said that modifications were made based on discussions with the County Attorney and the suggested information has been provided.

Ms. Brennan asked Mr. Payne, County Attorney, if another public hearing was needed to present the revised plan. Mr. Payne is of the opinion that there have been two hearings already, but it is the Board’s decision whether to bring it to the public again. Ms. Brennan said she was uncomfortable approving the SUP without another public hearing.

On a motion by Mr. Bruguiere, seconded by Mr. Harris, the Board voted 4-1 (Mr. Bruguiere, Mr. Harvey, Mr. Harris, and Mr. Wood voting Yes and Ms. Brennan voting No) to approve the following Resolution:

Re: Special Use Permit #2005-001: High Country Associates, L. L. C.
BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby approve Special Use Permit #2005-001 for High Country Associates, L.L.C., for a total of 185 development units to be transferred from RPC single family to mixed use, with 120 units being dedicated to senior housing and 65 for other family dwellings, as submitted in the SUP supplement dated July 28, 2005.

Agenda Item Number X. Public Hearings.

B.   Ordinance for the Control of Sound Crossing Outdoor Real Property Boundaries
Mr. Payne, County Attorney, stated that the previous “noise ordinance” has been repealed due to its ambiguity, omission in coverage, outmoded measurement concept, etc. Recent legislation in the General Assembly required that counties adopt their own ordinance or comply with the State’s ordinance. The purpose of this hearing is to take public comment prior to the BOS voting to adopt the ordinance. Amendments can be added as directed by the BOS. He asked that it be kept in mind that this ordinance is referring to noise received on a homeowner’s property, not at its source.

Mr. Wood said that after the public hearing, two options exist: 1) re-adoption of the emergency ordinance, and 2) direction to staff for amendments. Mr. Payne said the conservative action would be to re-adopt and then make changes. If changes are not major, no additional public hearing would be needed. Ms. Brennan said that two major items have been addressed: hunting exemptions and companion animal noise.

The public hearing was opened.

Morris Barrett. Concerns: Restriction on beeping of horns, target shooting, farming mechanics.
Bernard Bibb. Concerns: Firearms, companion dogs, motorcycles, tractor trailers, etc. Other comments: 2nd Amendment rights violated, Nelson different from city – same rules should not apply.
Vickie Robertson. Concerns: Repetitive sound ban on shooting, sighting, training, practice on firearms, determination of “persons of normal sensitivities,” violation can be cited on property owner if offender is not located, restriction on beeping of horns. Other comments: The problem with Orion has been taken out on County residents, 2nd Amendment rights violated, ordinance is waste of time, purpose of ordinance is to control.
Joel Partridge, Lobbyist for NRA. Concerns: Firearms training, method of enforcing the ordinance, resources for enforcement, hunters and gun users need to be exempt. Other comments: BOS has personal agenda, overt attack on 2nd Amendment rights, unauthorized ordinance under Virginia Code, no need for ordinance – noise in County is not a problem.
William “Larry” Bethea. Concerns: Testing/firing for reloading of ammunition. Other comments: Hunting is a small aspect – defense is the most important. NRA has interpreted the ordinance is in violation.
Bo Zirkle. Other comments: The hunting is OK. Need to put limits on how far from a residence you can fire a gun.
George Cheape. Concerns: Noise from children playing in yard, enforcement – manpower and method. Other comments: Could be tool for neighbor-against-neighbor, disagrees with the way this has been done; i.e. adopting the emergency ordinance, urges Board to repeal or amend as soon as its adopted.
Doris Ragland. Concerns: Companion dogs, including hunting dogs. Other comments: Ordinance unnecessary for County.
James Shelton. Concerns: Sawmill sounds, noise from children playing. Other comments: Supervisors’ reelection in jeopardy, newspaper coverage solicited by BOS members, too much big government, need to listen to people in County.
Gary Brantley, Sheriff. Concerns: Noise from neighbors, enforcement – manpower and method, race cars, boat motors, dance halls, church bells, training for deputies. Other comments: Old ordinance is OK.
Ron Mauer. Other comments: BOS should invest in 6 sound pressure meters for 6 months to see if their own families are in violation.
Sam Mawyer. Concerns: Gun safety. Other comments: Hard to get anything done in the County – zoning and building, Supervisors’ reelection in jeopardy.
Gordon Koerner. Other comments: County is stuck with the State ordinance, handling of emergency ordinance adoption was sneaky, there can’t be two ordinances on the books at one time, rules were not followed in adopting the emergency ordinance, underhanded government at work.
Dee Davis-Wells. Other comments: BOS didn’t consider that Nelson is rural and diversified, people are not happy, revisit ordinance and modify.
Buddy Delaney. Other comments: ACLU would love this ordinance, Hitler confiscated arms – is this next in this County?
Mike Tierney. Concerns: Gun use and practice prohibited, personal noise. Other comments: These rules and regulations are not necessary in Nelson.
Barbara Barton. Other comments: Supports noise ordinance, preserves peace and quiet.
Rub Rutherford. Other comments: BOS picks lowest limits of tolerance, would like answer from Mr. Payne regarding Mr. Koerner’s question on legality of ordinance.
Cathy Miller. Concerns: Family noise, animal noise, skeet shooting.
Steve Kendall. Concerns: Who judges “reasonableness,” when to investigate repetitive sounds, unenforceable regulation, dollars for training and extra personnel. Other comments: Will promote neighbor-against-neighbor.
David Hayden. Concerns: Target shooting prohibited.
Carlton Ballowe. Concerns: Enforcement. Other comments: Ordinance not needed, most people don’t want to be regulated, unless compelling need – leave alone, promotes neighbor-against-neighbor.
Dee Davis-Wells. Other comments: Is there a valid noise ordinance?
Jimmy Shelton. Other comments: Expects response to questions, BOS reelection in jeopardy.
Gordon Koerner. Other comments: Expects Mr. Payne to say he (Mr. Koerner) is incorrect.
Gracie McFadden Davis. Other comments: Meetings behind closed doors are not right.
Thomas Dennis. Concern: Concealed weapons – need to maintain proficiency by practicing, which is prohibited.

Public hearing was closed.

Mr. Payne stated that without the benefit of research, Roberts Rules of Order do not apply to the adoption of ordinances, as questioned by Mr. Koerner. If a statute is passed and the previous one not repealed, there would be two statutes on the books.

Mr. Wood wanted to clarify that comments made to the Daily Progress reporter were not correctly quoted and that he did not contact the media – they contacted him.

Mr. Harvey still has concerns about the ordinance, one being the industrial businesses in the County, i.e. American Fibers, which would be unable to meet the sound level limits as stated in the ordinance. Mr. Bruguiere said he voted for the ordinance after looking at what the State had recommended. Though the ordinance is imperfect, it can be enacted and then amended. Mr. Harris had concerns about passing the emergency ordinance but understands that it had to be passed or the State ordinance would apply. Ms. Brennan stated that the passing of the emergency ordinance was awkward, but a necessity, and that she appreciated the public’s comments and suggestions.   Mr. Wood recapped the major issues presented by the public, as he understood them to be. They are: ancillary hunting practices such as sighting in, target practice, etc.), animal noise (needs to be stated more explicitly), noise from normal speech, church bells (which are exempt), fireworks noise, religious activities (which are exempt).

Mr. Harris asked Mr. Payne what the ramifications would be if there is no ordinance in place. Mr. Payne said he was not clear on that but would do further research. An ordinance must be adopted within 60 days of the original adoption or the emergency ordinance becomes void. It is unclear whether an amended ordinance can be adopted to replace the emergency ordinance.

Mr. Wood suggested that this ordinance be the first item on the agenda on August 15 where Mr. Payne can present suggested amendments. In the meantime, Mr. Payne will look into the possibility of amending the ordinance before passing it. Any suggestions for changes from the Board should be forwarded to Mr. Payne immediately. Ms. Brennan attempted to say to the audience that they could call Board members with suggestions, but was overridden by noise and rude comments. A brief recess was taken to clear the room of those who wished to leave.

Agenda Item Number XI. Public Comments

1.   Rob Rutherford said the Board should consider a different        approach: tell the public what they can’t do which would be
2.   Gordon Koerner commented that the Board has once again pushed the issue (noise ordinance) off to August 15 so they could continue to go after certain groups of people. If it passes on the 15th, it’ll prove they were “after” gun users. The BOS is not acting like sensible people.
3.   Jim Imbur commented that the abuse aimed at the BOS during the public hearing was uncalled for and that he respected the Board for its work. The problems can be resolved, and the Board answered the concerns very well.

Public comment session was closed.

Agenda Item Number XII. Other Business
None

Agenda Item Number XIII. Adjournment

Re: Continuance of August 9, 2005 Meeting to August 15, 2005

At 11:00 P. M., 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 August 9, 2005 meeting to August 15, 2005, 6:00 P. M. at
the Board of Supervisors meeting room for the purpose of noise and zoning ordinance review.

_________________, Chair