Board of Supervisors: October 5, 2005

October 5, 2005

October 5, 2005

Virginia:

At a Continued Meeting of the Nelson County Board of Supervisors on October 5, 2005, 6:10 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
       Stephen A. Carter, County Administrator
       Fred M. Boger, Planning Director
       Virgie A. Carter, Deputy Clerk
       Betty M. Fortune, Planning Secretary

Absent:   Thomas D. Harvey, North District Supervisor

Agenda Item Number I. Call Meeting to Order

Supervisor Wood called the Meeting to order at 6:10 p.m.

Agenda Item Number II. Review of Zoning Ordinance

The Board of Supervisors continued review of the proposed Zoning Ordinance as follows:

Chapter 10, Sign Regulations

K.   Abandoned Signs
The Board revisited Chapter 10 and no changes were made.

Chapter 12: Site Plan Requirements and Land Development Criteria

A.   Purpose and Intent

6.   Fees
In the first sentence, the developer shall pay (added “for” all “related”) applicable plan review fees at the time of submission of a site plan or plat, including pro-rata share fees for off-site improvements and cash proffers.

C. Uses Requiring a Minor Site Plan:

1. In the first sentence, deleted “duplex and.”

5. In the first sentence, deleted “single family.”

8. All permitted uses and special permit uses in the (changed office to “business”) commercial, and industrial districts which do not otherwise require a major site plan or as otherwise determined by the Planning Director.

Supervisor Harris expressed concern regarding an extra burden on citizens for the proposed Minor Site Plan Requirements. Messrs. Harris and Boger were requested to recommend uses for requiring minor site plans at the next Zoning Ordinance meeting.

D. Uses Requiring a Major Site Plan

8. Installation, extension or (changed change to “relocation”) of a public water or sewer main.

10. Installation (changed or change to “expansion of relocation”) of a public water or sewer public facility.

11. Installation (changed or change to “expansion or relocation”) of a public water storage facility.

12. Installation (changed “or change” to expansion or relocation) of a public water or sewer treatment facility or installation or change of a private sewer treatment or pretreatment facility.

Concluding comments, Supervisor Wood stated that the Board will resume discussion on Item C, Uses Requiring a Minor Site Plan, on Page 269 at the next Zoning Work Session.

The Board scheduled the next Zoning Work Session on October 27, 2005, 6:00 p.m.

Agenda Item Number III. Other Matters

(1)   Primary Six Year Plan Priorities

Mr. Carter provided a letter from Kevin Wright, Assistant Resident Engineer, VDOT, regarding priorities submitted for the Primary Six Year Plan. Mr. Carter stated that the Commonwealth Transportation Board will conduct a public meeting on Tuesday, October 11, 2005, at the Ramada Inn in Lynchburg, to give citizens the opportunity to review and provide comments on projects and programs that are candidates for inclusion in the Fiscal Year 2007-2012 Six Year Improvement Program.
October 5, 2005

Concluding discussion, 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 absent, and Mr. Wood voting yes, the Board of Supervisors ultimately established priorities for submittal as follows:

Re: Establishment of Priorities for Inclusion in the Fiscal Year 2007-2012 Six Year Improvement Program

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby request the following priorities be included in the Fiscal Year 2007-2012 Six Year Improvement Program:

1.   Richmond Highway (Route 60) at the intersection with Allen’s Creek Road (Route 622)
•   Still a valid concern and due to the cost associated with such a major project; this would require inclusion in the Six Year Improvement Plan.
2.   Intersection of Route 627 and Route 151
•   With additional development along Spruce Creek, this intersection with limited sight distance to the South becomes an even greater concern. VDOT continues to receive requests to improve this intersection from citizens, school bus drivers, and county officials. Due to the costs involved with improving this intersection, inclusion into the Six Year Improvement Plan should be pursued.
3.   Rockfish Valley Highway (Route 151) at the intersection with Rodes Farm Drive (Route 613)
•   Still a valid concern and due to the cost associated with such a major project; this would require inclusion in the Six Year Improvement Plan.
4.   Business Route 29 (Front Street) Improvement
•   In conjunction with The Lovingston Transportation Safety Study, it is recommended that curb, gutter, and sidewalk be added to Front Street. This would also be accomplished through inclusion in the Six Year Improvement Plan.
5.   Route 56 Extension (From The Lovingston Transportation Safety Study)
•   It is recommended that this extension be planned as a long-term solution to the Route 29/Callohill Drive intersection program through inclusion in the Six Year Improvement Plan.
6.   Patrick Henry Highway (Route 151) at the “Y” Intersection with Tye Brook Highway (Route 56)
•   Still a valid concern and due to the cost associated with such a major project; this would require inclusion in the Six Year Improvement Plan.

(2)   Lovingston Revitalization Project

Mr. Carter requested that a Public Hearing be conducted on October 27th regarding VDOT’S TEA-21 Grant Application for the Lovingston Revitalization Project. The Project consists of improvements to the Front Street and Main Street intersections and the intersection in front of the Courthouse.

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

Re: Authorization to Schedule a Public Hearing on October 27, 2005, 7:30 p.m., on VDOT’S TEA-21 Grant Application for the Lovingston Revitalization Project

BE IT RESOLVED, That the Nelson County Board of Supervisors does hereby authorize scheduling a Public Hearing on October 27, 2005, 7:30 p.m., on VDOT’S TEA-21 Grant Application for the Lovingston Revitalization Project.

(3)   Closed Session

Re: Closed Session

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

BE IT RESOLVED, That Pursuant to Sections 2.2-3711.A.1 and 3 of the Code of VA, 1950, that the Nelson County Board of Supervisors hold a closed meeting for the following purposes:

A.   Appointment of specific employees of the public body; and
B.   Discussion or consideration of the acquisition of real property for a public purpose, where discussion in open session would adversely affect the bargaining position of negotiating strategy of the public body.

Re: Return to Regular Session

On a motion by Ms. Brennan, seconded by Mr. Harris, with Ms. Brennan voting yes, Mr. Harris voting yes, Mr. Harvey absent, 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 Meeting

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

BE IT RESOLVED, 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.

(4)   Schedule Zoning Ordinance Work Session

The Board of Supervisors reiterated that the next Zoning Ordinance Work Session is scheduled for October 27, 2005, 6:00 p.m.

Additionally, Supervisor Bruguiere stated that the Nelson County Farm Bureau has requested the Board of Supervisors to consider adopting a Resolution Declaring Nelson County a Drought Disaster area.

Mr. Carter was directed to prepare a Resolution for the Board’s consideration on October 11th.

Agenda Item Number IV. Adjournment

Re: Adjournment

On a motion by Mr. Harris, seconded by Mr. Bruguiere, with Mr. Harris voting yes, Mr. Bruguiere voting yes, Mr. Harvey absent, 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 adjourn the October 5, 2005 Meeting.

_______________________________, Chairman