Board of Supervisors: April 11, 2006

April 11, 2006

April 11, 2006

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:     Harry S. Harris, Chair
       Thomas H. Bruguiere, Jr., Vice Chair
       Constance Brennan, Central District Supervisor
       Thomas D. Harvey, North District Supervisor
       Allen M. Hale, East District Supervisor
       Stephen A. Carter, County Administrator
       Fred M. Boger, Planning Director
       Betty M. Fortune, Planning Secretary

I.   Call to Order

Mr. Harris, Chair, called the meeting to order at 2:10 P. M. with five members present to establish a quorum.
A.   Moment of Silence
B.   Pledge of Allegiance to the United States Flag

II.   Consent Agenda

A. Minutes
Approval of minutes from the following dates: May 23, 2005, June 9, 2005, November 8, 2005, November 21, 2005, January 10, 2006*, January 19, 2006*, January 26, 2006*, February 3, 2006*, February 10, 2006, February 14, 2006, February 27, 2006*, March    14, 2006, March 20, 2006. (* - Minor changes made.) Ms. Brennan asked for clarification of the wording used in the Resolution for amending the zoning ordinance for vegetative rubbish recycling center.

B.   Refunds
Refund of $54.15 to Sharon Buterbaugh and $13.12 to Robert C. and Vivian S. Flick.

C. FY 05-06 Budget Amendment Resolution

D. Proclamation – Nelson County Government Week

E. Resolution – Fair    Housing Month 2006

On a motion by Ms. Brennan, seconded by Mr. Bruguiere, the Board of Supervisors voted unanimously by roll call (5-0), to approve the Consent Agenda, with Nelson County Community Development Foundation being added to the Resolution for Fair Housing Month 2006.

III.   Public Comments and Presentations:
A.   Public Comments

Mr. Don Burland of Nellysford spoke in support of the Nellysford planning process. This plan has the support of the Nellysford business community, realtors, developers, WPOA, WPI, and the County. There are been two successful town hall meetings and the consensus on the overall view is very positive. With the addition of developments already in progress, i.e. The Meadows, GAIA Homes, Stone Orchard, Rosewood Village Senior Housing, Rockfish Heights, and Glen Mary, approximately 400 residential dwellings will be added, almost doubling the size of Nellysford. These developments have been approved by the Board without consideration of how these parts fit into the whole plan. For example, traffic is of major concern since these units could add up to 3,290 trips per day, not including trips to the Wintergreen Mountain. Rt. 151 is already unsafe. Nellysford and Wintergreen are important to the County and good planning is needed. Mr. Burland encourages the Thomas Jefferson Planning District Commission to continue its efforts on the part of Nellysford planning.

Mr. Kerry Scott, newly elected president of Virginia Blue Ridge Railway Trail, thanked the Board for its assistance in reconstructing the Trail following recent flooding. Phase 2 of the Trail will begin soon. There is $512,000 available for stream bank reconstruction, adding a long span on Tye River, and adding a short span across Naked Creek in Amherst County. After this is completed, work will continue in Nelson County at the Tye River.

Ms. Sarah Holman from Nellysford requested that the Board continue to provide funds to the Nelson County library to enable it to continue offering its many services to the public.

Dr. Roger Collins, Nelson County School Superintendent, and Ms. Jane Bibb, School Board Chair, thanked the Board for their support of the County’s public schools. Budget challenges have been met this year by reducing spending, freezing two positions, managing resources conservatively, etc. Challenges continue to be energy costs, State and Federal mandates, cost of competition for employees, and rising maintenance costs. To continue present services, funds are needed and the School Board will act proactively with the Board of Supervisors to solve present issues.

Mr. Tommy Harvey spoke concerning the Nellysford Development Plan. One important piece that has been left out of the planning is the individual property owners’ input. Businesses have been involved in the planning, but, to his knowledge, not the residential sector.

B. VDOT Report

Mr. Kevin Wright of Virginia Department of Transportation reported that a request to abandon a section of Rt. 29 has been resolved by gating the road. The property is owned by Mr. John Holland and is known as Lion’s Field. Mrs. Heather Goodwin will address this later in the agenda. Mr. Wright also reported that stone and surfacing will begin on Rural Rustic Routes in April, traffic has been turned onto the new bridge on Rt. 151, and work continues on bridge replacement on Rt. 613. Mr. Wright asked the Board to consider designating Virginia Lane (Rt. 612) and Glenthorne Loop (Rt. 627) as Rural Rustic Roads. By doing so, the existing bridge would not be repaired/replaced on Virginia Lane at this time which would accelerate other more critical projects. A resolution will be needed from the BOS concerning this designation and Mr. Wright would like to have it by next month’s meeting. He also discussed revenue sharing which would allow the County or a community group to put up one-half of the funds for road repair, upgrading, etc. and VDOT would finance the other half.

Mr. Hale said that new 45 mph speed limit signs on Rt. 632 are encouraging travelers to drive at a faster speed than is safe. Mr. Wright said he would look at this situation. Ms. Brennan asked whether legislation regarding the State’s transportation budget, if passed, would reduce the secondary road fund by 40%. Mr. Wright said that was his understanding also, and that all projects would have to be adjusted accordingly, i.e. the Arrington bridge project.

Mr. Bruguiere stated that Mr. Marshall Kidd of Rt. 778 in Lowesville is concerned about hurricane flooding affecting his property. Also, 35 mph speed limit signs are needed on Old Roseland Road. Mr. Bruguiere asked about the source of funds to pave roads in Roseland and Mr. Wright replied that slurry seal is being used throughout the County and is coming from VDOT’s maintenance budget. They also discussed the misalignment of the bridge on Rt. 151 with the current road. Mr. Wright said that historical property designation prevented VDOT from obtaining the necessary amount of right-of-way to put the road and bridge in perfect alignment.

III.   Unfinished Business

D. Heather Goodwin, Abandonment of a Section of Route 29

Mrs. Goodwin reported that the Nelson County Little League utilizes a ball field which is part of John Holland’s property. During the sports season, the area is kept clean. Problems occur, however, when there is no control over traffic in the area after the sports season is over, i.e. dumping of trash, etc. The original request was to have VDOT abandon that particular section of Route 29; however, an acceptable solution is to have the road gated so that the owner and VDOT will have access without giving up the right-of-way. Entrance will be prohibited for anyone else. The Lions Club no longer uses this field and has removed most of the storage facilities they had on the property.

A.   Schuyler Historic District Project (Report by VA-DHR)

Mr. Bob Carter, Director of Community Services for the Department of Historic Resources, reported that the Schuyler project is going well and is on schedule. Town meetings have been held and on May 4 another public meeting is scheduled. Every property owner and adjacent property owner will be invited to publicly comment on acceptance of the listing of Schuyler as a historic district. This listing opens the door to tax credits for some property owners in Schuyler. Two businesses in the area are already considering applying for these tax credits – Alberene Soapstone Company and the power plant upriver from Schuyler. Additionally, at a meeting on June 8 at the Science Museum in Richmond, Schuyler will be considered for the state and national historic registry. Mr. Carter called the Board a “reliable partner” in the Schuyler project.

B.   Nellysford Master Plan Project (Report by TJPDC)

Mr. Harrison Rue and Mr. Bill Wanner of the Thomas Jefferson Planning District Commission gave the Board an update on the Nellysford community plan, stating that very few individual property owners have been involved at this point. Two workshops have been held thus far. With more development going on in the Nellysford area, a plan is needed to coordinate future development. Mr. Rue agreed that safety on Rt. 151 must be addressed and individual property owners must be brought into the loop as they were in the Lovingston project.

Mr. Wanner affirmed TJPDC’s commitment to completing the Nellysford plan at or below the budgeted figure. Mr. Harvey stated again that individual landowners need to be involved in the process and they need to know there is no official plan at this time. Ms. Brennan said that development will occur, even without planning; however, proactive planning is the key. A major concern is traffic and safety of travelers. Mr. Rue said that if something isn’t done, VDOT will be forced to 4-lane Rt. 151. Perhaps a plan similar to Lovingston’s makes sense. It was decided that Mr. Harvey, Ms. Brennan and Mr. Carter, in conjunction with TJPDC, will arrange some small group meetings with residents of Nellysford.

C.   EMS Project (Agreement with WPOA)

Mr. Carter reported that there have been meetings with captains of local rescue squads and two have signed the agreement. Others are reviewing the plan and once those signatures are in place, Mr. Carter will bring the agreement to the Board. Mr. Harvey said he has heard no negative comments about the agreement. Diversified Ambulance is willing to talk with the Board about revenue recovery.

V.   New Business:

A.   Consider Declaration of Restrictive Covenants (Tax Parcel 74-A-1F)

Mr. Carter reviewed a letter from Cytec Industries concerning a Declaration of Restrictive Covenants the U. S. EPA is requesting for the U. S. Titanium Superfund Site in Nelson County. On a motion by Mr. Bruguiere and seconded by Mr. Harvey, the Board of Supervisors voted unanimously by roll call (5-0) to approve a Resolution authorizing the County Administrator to advertise for a public hearing on the Restrictive Covenants.

B.   Consider County Code Amendment (Chapter 13 – Emergency Services)

Mr. Carter presented to the Board a draft of the proposed “Chapter 13 – Emergency Services” which will be an addition to the Code of Nelson. A public hearing is needed. Mr. Hale asked about the call fee exemption for Wintergreen residents and Mr. Carter responded that these residents are already paying membership fees through WPOA to cover this service. On a motion by Ms. Brennan and seconded by Mr. Bruguiere, the Board of Supervisors voted unanimously by roll call (5-0) to approve a Resolution authorizing the County Administrator to advertise for a public hearing on the addition of Chapter 13 to the Code of Nelson.

VI.   Reports, Appointments, Directives, and Correspondences

Reports: Ms. Brennan gave the Board a copy of the Nelson County Senior Advisory Committee’s draft Vision, Mission and Goals statement. Mr. Harris said that many homebound seniors are not being served due to lack of Social Service funds to hire companion aides at higher than minimum wage. Apparently not all the funds that are available are being utilized. Mr. Harris will continue to talk with JABA about this.

Ms. Brennan also reported on the Thomas Jefferson Planning District Commission, announcing that the finance officer is leaving the Commission. At a recent meeting, the State’s transportation budget, land use legislation, cluster subdivision mandates, transfer of division rights, etc. were discussed.

Directives: Ms. Brennan brought before the Board the following items: (1) the Board needs to talk about community centers; (2) approval of by-laws for the Agricultural/Forestal Districts (Mr. Carter will schedule this discussion in the near future.); (3) requested update on the CSA program; (5) recommendations on the auditor’s letter (Mr. Carter said action is being taken.); (6) needed meeting with Planning Commission; and (7) teenagers in the County who expressed have expressed interest in having some place to go for entertainment.

Mr. Hale has met with Ms. Edith Wardlaw at the Heritage Center regarding the water situation discussed recently with the Service Authority. Ms. Wardlaw would like to see the proposal in writing. Mr. Carter will be meeting with the Service Authority in the near future. Mr. Hale asked who was responsible for the leaking roof as new leaks have been detected. Mr. Carter has requested that any new leaks be reported so that action can be taken immediately. He will review the agreement between the County and the Center. Mr. Harvey feels the repair should be done to prevent further deterioration of the building. Additionally, Mr. Carter reported that he has spoken with DEQ who indicates $450,000 is still available for extending the public water from Heritage Center south on Rt. 29.

Mr. Hale reported that the Nelson County Volunteer Fire Department at Faber celebrates its 50th anniversary on May 13 at 6:00 and the Board and County Administrator are invited to the dinner. Also, a meeting concerning the solid waste collection center at the Massies Mill Community Center has been scheduled for May 1.

Mr. Carter stated that there is a concern over loss of State monies for the Schuyler roof project. $17,500 must be spent by the end of June. Rural Development will pay up to $50,000; however, an estimate of work to be done is $85,000 - $90,000.

Mr. Carter requested authorization from the Board to transfer $3,387.40 from the Health Department to Rural Health Outreach for the dental program. On a motion by Ms. Brennan and seconded by Mr. Hale, the Board of Supervisors voted unanimously by roll call (5-0) to give Mr. Carter authorization to allocate $3,387.40 for the 4th Quarter to the Rural Health Outreach dental program from the Health Department fund.

Mr. Harris said that Ryan Apartments is now opened and suggested the Board take a tour. Mr. Carter will arrange this.

Mr. Harris has received a citizen request to complete the road to the park in Montreal Village. This was originally in the plan, but was cost prohibitive. Mr. Carter will review the contract to see what options are available, including grants or revenue sharing.

Mr. Harris asked about roof repairs for the Gladstone Community Center. Mr. Carter said that ordinarily the County does not provide funding for repairs in buildings not owned by the County. Mr. Harvey agreed that if the County funds repairs, they should be the owners. Mr. Carter will provide an estimate on what is needed.

Mr. Harris discussed the evaluation for the County Administrator.   The Board also discussed plans for a press release and presentation/celebration in honor of Virgie Carter’s retirement.

Mr. Carter said that a solid waste collection center location is being looked at in the Montreal Village park area. There has been no response to the County’s offer from the owner of a potential solid waste collection site on Rt. 6.

Mr. Carter presented to the Board a resolution on personal property tax relief which will be discussed at the April 12 budget workshop. He also handed out for future discussion a position description for the position vacated by Miss Carter’s retirement.

Correspondences: Ms. Denise S. Thompson, EMT-J for Nelson County Rescue Squad, has recommended that seven individuals be recognized as local heroes due to their rescue efforts following an automobile accident on Rt. 151 on March 27. Those individuals are: Lieutenant David Brooks, Nelson County Sheriff’s Department, Les Fitzgerald, Timmy Goolsby, Robert (Sandy) Thompson, and Ricky Williams of Lambert Cable Splicing Company, and Butch Banton and Jimmy Hart of Christian & Associates. Ms. Brennan suggested that a “local heroes” program be established.

VII.   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 consultation with legal council requiring provision of legal advice by such council.

   Return from Closed Meeting
On a motion by Mr. Harvey and seconded by Mr. Bruguiere, 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. Bruguiere, Supervisors voted unanimously by roll call (5-0) to certify that the only business discussed during the closed session was that for which consultation with legal council was required.

VIII.   Recess and Reconvene
On a motion by Mr. Bruguiere and seconded by Mr. Harvey Supervisors voted unanimously by roll call (5-0) to recess this meeting and reconvene at 7:30 P. M.

EVENING SESSION
7:30 P. M. – Nelson County Courthouse

IX.   Rezoning: Application #2005-002 – (C. Bruguiere)
Mr. Harris reported that Mr. Bruguiere verbally requested (via voice mail to Mr. Carter) that this application be withdrawn.

X.   Public Hearings:
A. Final Subdivision – Rockfish Heights Subdivision – Section 1
Mr. Boger reported that Mr. Jace Goodling of Winter Wren Partnership, LLP, has submitted a final subdivision plat for Section 1 of Rockfish Heights Subdivision located on Route 627, Spruce Creek Lane. The property consists of 33.843 acres with seven (7) lots ranging in size from 2.147 to 5.874 acres (Tax Map 21-A-22 and a portion of 21-A-24F). The preliminary plat was approved by the Planning Commission on August 24, 2005 and the final plat presented to the PC on April 26, at which time the PC recommended its approval to the Board of Supervisors.
The required soils work has been approved, VDOT approval has been received, and the E & S Control Plan was approved on April 11, 2006, meeting all the conditions placed on the approval by the Planning Commission.
Mr. Jace Goodling stated that the buffer easement is covered in the covenants and that he has been as environmentally conscious as possible in developing this property. Mr. Boger added that Mr. Goodling has also engineered a way of capturing rainwater.
The public hearing was opened and closed, with no comments from the public.
On a motion by Ms. Brennan and seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (5-0) to approve the final subdivision plat for Rockfish Heights Subdivision, Section 1.

B. Final Subdivision – Crabapple Estates
Mr. Harris stated that there would be no public hearing or Board review tonight on the final subdivision plat for Crabapple Estates. The revised plat dated March 27 was received on April 3, 2006 and legal council recommended a deferment until the May 9 meeting. There was discussion of whether to return the plat to the Planning Commission for review, and it was felt that since the basic concept and number of developable lots did not change, this would not be necessary. Mr. Boger said that the E & S Control Plan and VDOT approvals have not been received. Correspondence has been received from the Army Corps of Engineers and passed along to Ms. Sappington of the Thomas Jefferson Soil and Water Conservation District.

On a motion by Mr. Bruguiere and seconded by Mr. Hale, Supervisors voted unanimously by roll call (5-0) to defer action on the final subdivision plat for Crabapple Estates until the May 9, 2006 Board of Supervisor’s meeting.

C. Rezoning #2006-001 – Rockfish Investment Co., LLC
Mr. Boger stated that Mr. Gordon Smyth, Managing Partner of Rockfish Investment Co., LLC, has requested to rezone approximately 6.647 acres of land from Agricultural, A-1 to Business, B-1, Conditional. The property is located on Pheasant Run in Nellysford and identified as Tax Map #21-15, Parcels 1, 2, 3, 4, and 5. The applicant has voluntarily proffered in writing to exclude the following uses:
•   8-1-5   Gasoline filling stations and/or the servicing and minor repairing of motor vehicles when in an enclosed structure.
•   8-1-6    Golf driving ranges and miniature golf courses.
•   8-1-11 Waterfront business activities: wholesale and retailing marine activities such as boat docks, piers, small boat dock, yacht clubs, and servicing facilities for the same; activities primarily conducted on or about a waterfront. All such uses shall be contiguous to a waterfront.
•   8-1-14   Sale of new and/or used cars.
•   8-1-20   Automobile graveyard, class A.

Mr. Sam Eggleston, III, representing Mr. Smyth, stated that many of the surrounding parcels are zoned B-1 and that it is more appropriate to rezone all five lots rather than one.

The public hearing was opened and closed with no comments from the public.

On a motion by Ms. Brennan and seconded by Mr. Harvey, Supervisors voted unanimously by roll call (5-0) to approve rezoning #2006-001 for Rockfish Investment Co., LLC, Tax Map 21-15, Parcels 1 – 5, from Agricultural, A-1 to Business, B-1, Conditional, including the uses excluded by written proffer.

XI.   Public Comments
Mr. Harvey recognized several students in the audience who are working on local government projects with their teacher and mentor, Erin Hughey-Commers.
Rev. Foster, long time resident of Shipman, Virginia, expressed thanks to the Board for the stop light being installed at Callohill Drive, adding a 5th member to the Board, supporting paid EMS, and the changing of the stop sign on Rt. 6 and 29 to a yield sign.

XII.   Other Business:
A.   Massies Mill Community Center
As noted earlier, the Solid Waste Coordinator will meet with Community Center representatives on May 1. Ms. Kathleen Bass lives near the proposed waste disposal site and expressed concerns about the very narrow road going into the property, as well as the possibility of rodents and other animals from the site invading nearby homes. Mr. Harris stated that no decision has been made on this site and that other sites are being considered.
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 yearly evaluation of the County Administrator.

Return from Closed Meeting
On a motion by Ms. Brennan and seconded by Mr. Bruguiere, Supervisors voted unanimously by roll call (4-0 – Mr. Harvey was out of the room) 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 Mr. Hale and seconded by Ms. Brennan, 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.

XIII.   Adjournment
On a motion by Mr. Hale and seconded by Mr. Harvey, Supervisors voted unanimously by roll call (5-0) to continue the meeting on April 12, 2006 at 6:00 P. M. for a budget workshop.

__________________________, Chair