BOARD OF SUPERVISORS Tuesday, May 11, 2004 All Supervisors present. SCENIC BYWAY DESIGNATION/RT. 664 - Supervisors voted 5-0 to adopt a resolution requested that VDOT and the Department of Conservation and Recreation evaluate the possibility of a Scenic Byway designation for Rt. 664 (Beech Grove Road) off Rt. 151. If the road is considered for the designation, Supervisors and VDOT will hold a public hearing to consider citizen input. SHIPMAN POLLING PLACE CHANGE - Supervisors voted 5-0 to adopt a resolution authorizing staff to proceed with advertising a public hearing to change Chapter 2 of the County Code to change the Shipman polling place from Ryan School to the Shipman Civic Center. Mr. Carter reported that the building can be modified to deal with the accessibility issues. BUDGET WORK SESSION - Supervisors scheduled a Budget Work Session for Monday, May 24 at 6:00pm at the Courthouse. INTEREST-FREE LOAN PROGRAM FOR EMERGENCY SERVICES - Supervisors voted 5-0 to adopt a resolution approving an interest-free loan for the Nelson County Rescue Squad in the amount of $250,000. Staff was directed to establish a procedure to provide for a draw-down system for organizations to receive the funds as needed throughout the construction process rather than in one lump sum. CREATION OF A COMMUNITY DEVELOPMENT AUTHORITY - Supervisors voted 5-0 to authorize staff to advertise a public hearing to establish the county's authority to create a CDA. APPOINTMENTS - Supervisors voted 5-0 to appoint Ms. Susan McSwain to the Thomas Jefferson Water Resource Protection Foundation. Mr. Bruguiere reported that Mr. Curtis Bruguiere had expressed an interest in the North District Planning Commission seat. Mr. Harvey nominated Ms. Philippa Proulx. Mr. Harvey noted that Ms. Proulx had been involved in the long Comp Plan and Zoning process and said that he felt that there would be a conflict of interest with someone dealing with real estate serving on either the Planning Commission or Board of Supervisors, noting that both boards deal with land use issues. Supervisors voted 4-0-1 (Mr. Bruguiere abstaining) to reappoint Ms. Proulx. Mr. Harris reported that Mr. John Spencer would continue to serve as the South District representative to the Industrial Development Authority. Mr. Harris suggested that the Board establish a policy for all boards and commissions for possible removal of appointees if a certain number of meetings were missed. CLOSED SESSION - Supervisors went into Closed Session to discuss a legal matter and an employee issue. EVENING SESSION - Ms. Brennan absent for this session. FINAL SUBDIVISION REVIEW/MONTVUE - With no public comment, Supervisors voted 4-0 to approve the plat for the subdivision on Findlay Mountain Road (Rt. 647) in Shipman. AMENDMENT TO ZONING ORDINANCE/CORPORATE TRAINING FACILITY - Mr. Boger reviewed the proposed amendment noting that the county's attorney had indicated that a maximum number of participants could be deleted from the language. During Public Comment, Mr. Steve Raynor (representing Orion) said that while the ordinance did have to be amended to include a Corporate Training Center as a use, it did not have to be defined. He suggested that if the county were to define a Corporate Training Center, that it be defined in a way consistent with the approval given Orion. He asked that the 50-person limit be removed. Mr. Raynor said that the number would limit the county in the future. Mr. Jim Raup reviewed the concerns of the Wingina/Norwood communities, noting the possibility that Orion could operate the type of shooting business it desires under the guise of a Corporate Training Facility. He asked that the county not accidentally give Orion a permit to operate a Shotgun Sports Center with loopholes in the definition. Following the Public Hearing, Supervisors voted 4-0 to adopt the following amendment: 1. Amendment to Appendix A, Zoning, Article I, adding Sec. 2-23.1, Corporate Training Center: Sec. 2-23.1. Corporate Training Center A commercial facility in which are offered instructional programs addressing organizational leadership and fostering organizational cohesiveness. Such facility may include lodging, dining and recreational amenities for those in attendance. 2. Amendment to Appendix A, Zoning, Article 4, under Subsection 4-1-a, entitled "Uses-Permitted by conditional use permit only" adding 4-1-20(a) Corporate Training Center. RURAL RUSTIC ROADS - Mr. Kevin Wright with VDOT explained the Rural Rustic Road Program, noting that roads are chosen and approved for paving based on a minimal amount of improvements needs, no significant safety issues and in areas where growth and traffic is not expected to increase significantly over the next 10 years. Mr. Wright also noted that roads paved under Rural Rustic cost 1/6th to 1/10th of those done under regular reconstruction. The following roads have been approved or are being considered for the Rural Rustic Roads Program through 2007: Rt. 722 Keys Church Road (2.35 mi) from Rt. 647E to Rt. 56 - 2004 Rt. 647 Findlay Gap Drive (.24 mi) from Rt. 722 W to Rt.722 E - 2004 Rt. 679 Level Green Road (.76 mi) - 2004 Rt. 672 Dark Hollow Road (2.89 mi) from Rt. 734 to Rt. 673 - 2004 Rt. 791 Buck Mountain Lane (.91 mi) - 2004 Rt. 665 Old Rose Mill Road (1.68 mi) - 2006 Rt. 786 Woods Mill Lane (0.2 mi) from Rt. 29 to Rt. 742 - 2006 Rt. 633 Taylor Creek Road (1.91 mi) - 2006 Rt. 668 Centenary Drive (.79 mi) - 2006 Rt. 605 Peavine Lane (1.2 mi) - 2007 Rt. 653 Wilson Road (1.2 mi) - 2007 Rt. 669 Bowling Drive (.64 mi) - 2007 Rt. 712 Battery Hill Lane (.34 mi) - 2007 During Public Comment, Mr. Bruce Rutherford asked that Rt. 605 Peavine Lane be considered for a higher priority with 30 families living on that road. He also asked that the Board consider paving the .2 miles of Whippoorwill Lane (off Rt. 605) at the same time to avoid having to run a motor grader up that road. Mr. Charlie Wineberg asked that Rt. 611 Ennis Mountain Road not be paved, noting a dangerous curve in that road that would be more dangerous with increased driving speeds on a paved road. Mr. Wood noted that the priorities and the roads under consideration would be reviewed annually. He also said that the county would consider using other funds to pave the .2 miles of Whippoorwill Lane when paving Peavine Lane. BIRD SANCTUARY/MONTEBELLO - With no public comment, Supervisors voted 4-0 to adopt an ordinance designated a Bird Sanctuary within 200 feet either side of Rt. 56 (Crabtree Falls Highway) from the intersection of Rt. 56 and Rt. 687 (North Fork Road) to the intersection of Rt. 56 and the Blue Ridge Parkway. OTHER BUSINESS - NELSON COUNTY MUSEUM OF RURAL LIVING - Mr. Paul Saunders and Dr. Woody Greenberg gave the Board an update on the project, reporting that the Board of Directors of the Nelson County Historical Society and the Board of Directors of the Museum had just purchased a 90-day option on 10 acres of land and a three-story brick house just south of the intersection of Freshwater Cove and Rt. 29 as a potential site for the Museum and/or location for the Historical Society files and records. Mr. Saunders said that the group hopes to form an entity to own the property, composed of members of both groups and other groups that might have an interest in the project. Dr. Greenberg reported that the group would be focusing on an historic designation for the property and determining the availability of grant funding for the project. He noted that the group plans to operate the Museum as a tourist attraction with funding coming from tourists rather than from county funds and memberships. Mr. Wood noted his support for anything that would bring tourists and money into the county. MONTVUE - Mr. Morris Foster, noting that he was speaking as a citizen and taxpayer, said that only Mr. Bruguiere, Mr. Hoffman and Ms. Russell of the Planning Commission acted appropriately and deserved no criticism. He said that he was appalled by the way the rest of the Planning Commission had handled the Montvue application. He said that he had never seen a Planning Commission arrogant enough to ignore the expert advice of a Planning Director and possibly the advice of some of the Supervisors. He said that those Planning Commissioners had refused to listen and had put the county into litigation. Mr. Foster said that the county must understand that the powers granted to localities by the State of Virginia - powers regarding subdivisions and site plans - are little to none, the powers are administrative. He said that any project he personally submitted would be to utilize the land to the best possible use it could be. He said that he does not intend to have a Planning Commission jerk him around again, noting that they do not have that authority. Mr. Foster said that no ordinance should be adopted that did not allow the elected officials the opportunity to correct a decision by the Planning Commission. He noted that the Planning Commissioners had not had the decency to apologize. Meeting continued to May 24 at 6:00pm for a Budget Work Session. ------------------------------------------------------------------------------------------------ This report, sent to over 550 Nelson County citizens, was made possible by the generous donations of Rural Nelson members and supporters. Kim T. Cash Field Officer Rural Nelson, Inc. P. O. Box 401 (622 Front Street) Lovingston, VA 22949 434.263.5000 Email: info@ruralnelson.org www.ruralnelson.org