Board of Supervisors: December 13, 2005

December 13, 2005

December 13, 2005

Virginia:

AT A SPECIAL MEETING of the Nelson County Board of Supervisors at 1:00 P. M. in the Board of Supervisors Meeting Room located in the Nelson County Courthouse.

Present:   Gary E. Wood, Chairman
       Harry S. Harris, South District Supervisor
       Constance Brennan, Central District Supervisor
       Thomas H. Bruguiere, Jr., West District Supervisor
       Thomas D. Harvey, North District Supervisor
       Stephen A. Carter, Clerk
       Virgie Carter, Deputy Clerk
       Kevin Wright, VDOT
       Ronnie Brown, VDOT

I.   Call to Order

Mr. Wood, Chairman, called the meeting to order and stated that the purpose of the meeting was to hold a work session for the Nelson County Secondary 6-Year Transportation Plan (2006-07 through 2011-12).

II.   Work Session: Six Year Plan

After reviewing the Plan, Mr. Harris requested that Rt. 661, Phoenix Road, be moved up in priority. Mr. Wood suggested that it be left as currently planned. Mr. Wright will follow up with David Johnson of VDOT regarding Wheelers Cove Road and Glenthorne Loop to see what improvements can be made in the near future.

Kevin Wright presented the following list of possible road construction additions:
   1. Lovingston Improvement Budget Items:
       * Court St./Main St. Intersection   $ 75,000
       * Bulbouts to Court, Main and Front Streets   $ 75,000
       * Sidewalk at Courthouse   $ 5,000
       * Regrade Main St. at Front St.   $ 50,000
   2. Rte. 655 from Rte. 29 to Rte. 56 – 0.66 mile reconstruction   $500,000
   3. Rte. 627/151 Intersection Improvement – PE only   $???????
   4. Rte 657 from 60 into Piedmont – various – asphalt overlay   $250,000
   5. Rte 626 from 622 to Rte. 721 – 3 miles – trench widen &
         overlay (removed from list by BOS)   $300,000
   6. Rte. 634 from Rte. 6 to Rte. 619 – 0.5 mi. – reconstruction   $500,000
   7. Rte. 1001 from 1003 to 1006 – 0.15 mi. – reconstruct with
         C & G   $400,000
   8. Rte. 1002 from 1001 to 29 Business – 0.06 mi. –
        reconstruct with C/G (removed from list by BOS)   $250,000
December 13, 2005

Mr. Wood asked that B & W Lane and Simpsons Lane be added to the Rural Rustic road list. Mr. Wright suggested that Carter-Hill Road (Rt. 699) be added to the plan. Mr. Wright said that a bikeway path could be added to the Arrington Bridge project for an additional $40,000. Supervisors voted 3-2 (Mr. Harris, Mr. Harvey, and Mr. Bruguiere voting no) not to redesign the project to include a bike lane.

Mr. Wright will finalize the plan and submit it for the Board’s adoption at the January, 2006 meeting.

III.   Other Matters

There were no other matters to discuss.

IV.   Adjournment

On a motion by Mr. Harvey and seconded by Mr. Bruguiere, 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.

____________________, Chair

December 13, 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
       Harry S. Harris, South District Supervisor
       Constance Brennan, Central District Supervisor
       Thomas H. Bruguiere, Jr., West District Supervisor
       Thomas D. Harvey, North District Supervisor
       Stephen A. Carter, Clerk
       Virgie A. Carter, Deputy Clerk

I.   Call Meeting to Order

Mr. Wood, Chairman, called the meeting to order at 2:00 P. M. with five members present to establish a quorum.
A.   Moment of Silence
B.   Pledge of Allegiance to the United States Flag

A presentation was made to Mr. Wood who will retire from the Board of Supervisors on December 31, 2005. Ms. Brennan read a Resolution of recognition and thanks to Mr. Wood for his dedication and service to the people of Nelson County and to the Board and a plaque was presented. Mr. Wood stated that he had had eight wonderful years on the Board. A lot has been done and there is much more to be done.

II.   Consent Agenda:

A.   Minutes (There were no minutes available for consideration.)
B.   Refunds
C.   Budget Amendment
D.   Jackets: FFA & Drama Team
E.   Resolution: Deferred Compensation Plan
F.   Resolution: NCESC Funding Request (Faber Fire Department)

On a motion by Ms. Brennan and seconded by Mr. Harris, Supervisors voted unanimously by roll call (5-0) to approve the Consent Agenda.

III.   Public Comments and Presentations:

A.   Public Comments

Mr. Chapin Wilson of Shipman said the County has two choices in considering a regional source water study to meet the new DEQ requirements – Region 2000 and Thomas Jefferson Planning

December 13, 2005

District Commission. Water supply is a direct concern for Nelson and citizens should have been made aware of the choice and given an opportunity to provide input into the decision.

   B. VDOT Report
Mr. Kevin Wright stated his pleasure in being able to work with Mr. Wood over the past years. Revising the Six-Year Transportation Plan for Secondary Roads will be a priority during the next month. Mr. Bruguiere discussed the recent flooding conditions and suggested that a meeting be scheduled with Mr. Carter, Mr. Wright, FEMA representative, and Nora Iseli of Army Corps of Engineers to discuss the Flippin-Seaman property. Mr. Harris discussed speeding vehicles on Rt. 842 (Pine Lane) across from the Truck Stop on Rt. 29 South, and asked that signs be posted for children playing/crossing, and that the Sheriff’s Department be asked to monitor the street. Ms. Brennan thanked Mr. Wright for several completed items; i.e. the Yield sign on Rt. 6 at Wood’s Mill, reduced speed limit at Spruce’s Creek, etc. Mr. Wood thanked Mr. Wright for his cooperation and help during Mr. Wood’s tenure with the Board.

   C. Gail Troy: Library Services

Ms. Troy explained the Jefferson-Madison Regional Library’s many services and gave their website: http://jmrl.org. ; The library’s online databases and reference services are available to home and business users.

IV.   Unfinished Business – Resolution: Route 29

The Board reviewed the proposed resolution requesting that the speed limit be reduced from 60 mph to 55 mph on Rt. 29 from the Amherst/Nelson County line to Mountain Cove Road (Rt. 718). Ms. Brennan made a motion, seconded by Mr. Wood, to adopt a resolution requesting a 55 mph speed limit for Rt. 29 throughout the County. Supervisors voted 2-3 (Mr. Harvey, Mr. Harris, and Mr. Bruguiere voting no) to adopt the resolution to include all of Rt. 29 in Nelson County. Motion failed. Mr. Harris made a motion, seconded by Mr. Wood, to adopt the proposed resolution requesting that a 55 mph speed limit be posted on Rt. 29 from the Amherst/Nelson County line to Mountain Cove Road (Rt. 718). Supervisors voted 2-3 (Mr. Harvey, Mr. Bruguiere, and Ms. Brennan voting no) to adopt the resolution. Motion failed.

IV.   New Business

A.   County Property on Route 748, Morse Lane: Request for Conveyance

Mr. Massie Saunders presented a letter to the Board requesting the conveyance to Mr. David Morse of 0.096 ac. of land on Morse Lane which is owned by the County. This property adjoins that of Mr. Morse and was part of the 0.508 acres acquired by the County in 1982 for road improvements to serve the County landfill. Several options were discussed: giving the property to Mr. Morse, granting a permanent easement, or selling the property to Mr. Morse. Staff was directed to research the easement process and advertise for a public hearing on the matter.

December 13, 2005

B.   Region 2000: Regional Water Planning Project

Mr. Carter presented a report on a region-wide source water study that will be done in the near future to meet new DEQ requirements and provide better water planning alternatives for localities, utilizing $300,000 in statewide grant funds for the project. Nelson County is invited to participate in this study, and the Board is asked to pass a resolution to that effect, as well as provide $500.00 in planning funds. Mr. Harris expressed concern that the County would get involved in problems in other localities with different situations than Nelson. The Thomas Jefferson Planning District Commission has no plans for an immediate study, but if it should become available, Nelson could participate in that study also. On a motion by Ms. Brennan and seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (5-0) to adopt a Resolution to participate in the grant application for funding the Region 2000 study, with a maximum Nelson funding match of $500.

V.   Reports, Appointments, Directives, and Correspondences

   A. Board of Supervisors Committee Reports
Ms. Brennan reported on the December 1, 2005 Thomas Jefferson Planning District Commission meeting, the Ride Share Program, and Senior Issues meeting of December 12. Mr. Harris and Ms. Brennan discussed the increase in fuel cost and the possibility of granting additional emergency fuel funds, if needed.

B.   Appointments

Thomas Jefferson Health Council. Ms. Sarah Jane Stewart and Ms. Mary Cunningham have expressed interest in the vacancy. The Board deferred the decision on this appointment.
Nelson County Planning Commission – Mr. Larry Saunders, Mr. Michael Tapager, and Mrs. Dolores Truesdale expressed interest in the vacancy created by the resignation for Dr. Valdrie Walker. On a motion by Mr. Harris and seconded by Mr. Bruguiere, Supervisors voted 4-1 (Mr. Bruguiere voting no) to appoint Mrs. Dolores Truesdale to the Planning Commission for the South District. Mr. Wood and Mrs. Brennan stated they felt strongly that candidates for appointment to these boards and commissions should be interviewed by the Board prior to appointment.
Nelson County Bicentennial Committee – Ms. Maureen Corum submitted names of the following individuals for appointment to this committee: East District – Lisa Wooten, Central District – Helen Driver, West District – Jean Payne, South District – Jane Raup, North District – Ruby Fay Swain, Historical Society – Becky Norris. On a motion by Mr. Harris and seconded by Ms. Brennan, Supervisors voted unanimously by roll call (5-0) to appoint these individuals to the Nelson County Bicentennial Committee.

C.   County Administrator’s Report

Mr. Carter’s December, 2005 report was reviewed by the Board. Highlights included: (1) the withdrawing of Mr. R. Erich Schnetzler’s name for the position of Building Official; (2) a
December 13, 2005

request by the Historical Society for a meeting to discuss the future of the old jail building, the Sheriff’s office, and Health Department building as they would be affected by the Courthouse project (meeting scheduled for January 10 at 1:00 P. M.); (3) paid EMS project start-up expected February/March 2006; (4) closing on County’s purchase of the former church building at 571 Front Street for use as the Visitor Center; (5) Continuation of Nellysford community planning; (5) Mr. Bob Carter will make a presentation to the Board in early 2006 on the Schuyler historic project; (6) WPI’s request that Nelson County be co-holder with DCR (Division of Natural Heritage) of the proposed Crawford’s Knob conservation easement (approximately 1,423 acres); and (7) Solid Waste project committee to meet on December 14 to discuss possible sites on Rt. 56 East, Faber/Schuyler, Roseland/Piney River, and a site shared with Amherst County on Rt. 60 (Gladstone).

D.   Correspondences - None

VII.     Closed Meeting

Closed Meeting
On a motion by Ms. Brennan and seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (5-0) to go into closed session, pursuant to Section 2.2-3711 A-7 of the Code of VA, for the purpose of discussing the evaluation of the County Administrator (?).
Return from Closed Meeting
On a motion by Mr. Harris and seconded by Ms. Brennan, Supervisors voted unanimously by roll call (5-0) to return from closed session, pursuant to Section 2.2-3711 A-7 of the Code of VA.
Certification of Closed Meeting
On a motion by Ms. Brennan and seconded by Mr. Harris, Supervisors voted unanimously by roll call (5-0) to certify that the only business discussed during the closed session was that of the yearly evaluation of the County Administrator. (?) No action will be taken before the January meeting.
VIII.   Recess and Reconvene
On a motion by Mr. Harvey and seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (5-0) to recess this meeting and reconvene at 7:30 P. M.
Evening Session
Nelson County Board of Supervisors
7:30 P. M.
(Attended by all Supervisors except Mr. Tommy Bruguiere.)

IX.   Curtis Bruguiere: Consideration of Rezoning Request

December 13, 2005

Mr. Curtis Bruguiere’s request for rezoning 1.88 acres on Avon Road (known as “Anderson’s Store”), Tax Map #7-A-4, from R-1 to B-1 Conditional was again considered by the Board. Mr. Harvey abstained from discussion and voting, stating that it may appear there is a conflict of interest since he is a business owner in the same area. Mr. Curtis Bruguiere requested the rezoning in order to operate a real estate business from a portion of the store, which is a use allowed in A-1 with a Conditional Use Permit. Ms. Brennan said this was a better fit than rezoning; however, Mr. Bruguiere made no change in the request. There was no motion to approve or deny the rezoning request.

X.   Public Hearings:

A.   Proposed Ordinance: Categories of Dogs Prohibited from Running at Large.

Mr. Carter read the proposed ordinance, Chapter 3, Article II, which would make it unlawful to permit the hybrid canine, pit bull, rottweiler, and Doberman breeds of dogs to run at large unless either lawfully hunting or under immediate control of the owner or custodian. Mixed or cross-breed dogs exhibiting the physical characteristics of one or more of the breeds listed shall be considered one of the listed breeds. The first violation, following a warning by an Animal Control Officer, would be a Class 4 misdemeanor, and a second or subsequent violation would be a Class 1 misdemeanor. Mr. Wood said the Board is looking for public input tonight, and action will be taken at a later date.

During the public hearing, Mrs. Philippa Proulx said that the ordinance doesn’t address the issue of biting dogs, regardless of the breed. Restraining dogs could make them more aggressive and more likely to bite. The ordinance also doesn’t address the bad behavior of the dog and how the it is trained and treated, which has great impact on the danger of such animals. Many localities are gearing their ordinances toward behavior of owner and dog, rather than by specific breeds of dogs. Mr. Elwood Waterfield of Arrington agreed with Mrs. Proulx’s comments and stated that it is difficult to enforce any type of animal control law now, and it will be more difficult with this ordinance. Mr. Gene Giles of Lovingston said there should be leash law in Lovingston, but he does not favor chaining as a way of restraining animals. Ms. Tammy Collins of Arrington owns a rottweiler and disagrees with designating certain breeds for restraining; rather, all breeds should be restrained appropriately by the owner. Ms. Ellen Shipe of Arrington said there should be a restriction on how many dogs a person can own and rules for restraining those dogs.

Mr. Harris said this ordinance is a step in the right direction. Mr. Wood said the General Assembly is looking into options to give localities more power to deal with dog problems that bite and show aggression. Reality is that the problem is growing and must be dealt with. Mr. Harris asked Staff to keep them informed on the progress of this matter in the General Assembly. Ms. Brennan said licensing of all dogs is necessary.

December 13, 2005

B.   An Application to Create an Agricultural & Forestal District along Davis Creek from Grape Lawn Drive to West of the Intersection of Wright Lane and Davis Creek

Mr. Boger reported that Mr. Andre′ Derdeyn filed an application to create the Davis Creek Agricultural and Forestal District along Davis Creek from Grape Lawn Drive to just west of the intersection of Wright Lane and Davis Creek Lane, for a total acreage of 546.04. There were no comments made during the public hearing. On a motion by Ms. Brennan and seconded by Mr. Harris, Supervisors voted unanimously by roll call (4-0) to adopt a resolution creating the Davis Creek Agricultural and Forestal District.

C.   An Application to Add Approximately 394.98 Acres to the Existing Dutch Creek Agricultural and Forestal District

Mr. Boger reported that Mr. W. A. Wright filed an application to add 394.98 acres to the existing Dutch Creek Agricultural and Forestal District. There were no comments made during the public hearing. On a motion by Mr. Harris and seconded by Ms. Brennan, Supervisors voted unanimously by roll call (4-0) to adopt a resolution to add 394.98 acres to the Dutch Creek Agricultural and Forestal District.

   F. Joseph M. Serkes: Final Subdivision Approval

Mr. Boger reported that Mr. Serkes wishes to re-divide Lot 100 located in Deer Springs Section, Mountain Subdivision 13-A, Wintergreen, into 2 parcels. The Planning Commission recommended approval of the division at the November 30, 2005 meeting. There were no comments made during the public hearing. On a motion by Ms. Brennan and seconded by Mr. Harvey, Supervisors voted unanimously by roll call (4-0) to approve the final subdivision plat for Mr. Serkes’ property.

   D. NTELOS: A Permit for a Class III Communications Tower
   E. NTELOS: Special Exception pursuant to Section 20-13 of the Zoning Ordinance,            which Restricts a Communications Tower within the View Shed of a Designated            Scenic By-Way

Mr. Boger reported on these two items. nTelos has submitted an application to erect a 109’ wooden communications tower on a site located east of Thomas Nelson Highway approximately ¼ mile north of Aistrop Lane (Tax Map #35-A-78). This site is within one (1) air mile of a Scenic By-Way (Rt. 29); consequently, a Special Exception is required. The Planning Commission recommended approval of the permit and the exception. Ms. Valerie Long, attorney for McGuireWoods, LLP, and Ms. Debbie Balser, Site Acquisition Manager for nTelos, spoke of the need to provide better cellular coverage in this area of the County and that the tower would have no adverse effect on the community.

There were no comments made during the public hearing concerning the Special Exception. On a motion by Mr. Harris and seconded by Mr. Harvey, Supervisors voted unanimously by roll call
December 13, 2005

(4-0) to approve the Special Exception allowing nTelos to locate the 109’ communications tower within one (1) air mile of a Scenic By-Way.

There were no comments made during the public hearing concerning the permit to erect the tower. On a motion by Ms. Brennan and seconded by Mr. Harvey, Supervisors voted unanimously by roll call (4-0) to approve the permit for the 109’ communications tower to be located on property identified as Tax Map #35-A, Parcel 78, with the following conditions: (1) The applicant will install a wooden fence around the site with the antennas being painted brown; and (2) The power access is to have no clear line of sight to the tower location.

XI.   Public Comments

Mr. Kenneth White spoke on “Project Stormfury” as it relates to hurricanes and cloud seeding experimental operations. A proposed resolution was presented and Mr. White requested that it be placed on the January 2006 agenda. Ms. Brennan will present the resolution at that time. Mr. Wood said it felt this was a Federal issue rather than a local one.

Mr. Elwood Waterfield expressed concern about road conditions on Phoenix Road and method of removing elected officials from office.

XII.   Other Business

Each of the Supervisors expressed appreciation again to Mr. Wood and his family for the eight years of service he rendered to the County. Mr. Carter called Mr. Wood an “insightful genius.”

There will be a joint meeting with the Nelson County School Board on either Thursday, January 5 or 12 at the Nelson County Middle School. Dinner at 6:00 P. M. will be followed by the meeting. Mr. Carter is to confirm the date and advise Supervisors.

XIII.   Adjournment

Mr. Harris, Vice Chairman, declared the meeting continued to January 10, 2006, at 1:00 for a special meeting with the Historical Society.

______________________, Clerk