RURAL NELSON MINUTES

TUESDAY, OCTOBER 1ST, 2002

RURAL NELSON OFFICE

NEXT MEETING: TUESDAY, NOVEMBER 5TH, 2002

Al Weed opened the meeting and we all introduced ourselves. Al then introduced Robert McSwain, who came to talk about agricultural/forestal districts. Al reminded us that Nelson County does not have an ag/forestal district, although Robert is working on the possibility of having one here.

Robert pointed out that some of the bigger counties have AFD's as they are experiencing urban pressures. AFD's have two purposes: to encourage ag/forestal production and to maintain open space, for aesthetic reasons as well as to maintain wildlife.

There is a whole section of the county code that does not apply to us as Nelson has evolved as a county board type of government without ever choosing a form of county government. Albemarle, for instance, is an urban executive form of county government.

If you are a landowner in an AFD you have tax benefits, but you also voluntarily give up certain uses for your land. Robert found that the county most like Nelson is Fauquier.

By state law the time arrangement for an AFD is 4 to 10 years, with a review process at the end of the term. It is like a contract for that chosen period of time. You need to have a core of 200 acres to form an AFD. The district can grow if landowners are contiguous or within one mile of the core district. There is no minimum amount of acreage for a property to be part of an AFD. A landowner can withdraw from the district through the review period, and if the landowner dies his heirs can withdraw. You can also petition to withdraw, at the mercy of the Board of Supervisors. If a group wants to form an AFD, they fill out a form that proposes a time period, and landowners can also petition for certain conditions for their particular AFD.

The county must set up an AFD Advisory Committee, which must have 10 members, with one being a Supervisor and one being the Commissioner of Revenue. Robert said he felt that, at least initially, it would be a headache for Nelson County as it would require staff time. After a petition has been received it must be acted on in 180 days. A family can divide the land but keep it in the AFD, with different counties having different size requirements - Albemarle's is 21 acres.

Benefits: you get a use value assessment, it can protect you from nuisance ordinances, and it will give you confidence that the land will remain the same at least for the duration of the contract. If the county wants to change the zoning they must take into account the AFD. It presents restrictions on the use of eminent domain. It gives you some protection on land that is adjacent to the district, even though you cannot limit that owner's rights under county zoning. It allows neighbors to get together to form a neighborhood policy. The scenic value aspect of it is very important from the point of view of tourism. Because it's voluntary, it makes for a less adversarial conversation on environmental issues.

Disadvantages: It may be in conflict with some environmental issues. It only indirectly protects open space. People can withdraw. For the counties can be costly and can be inflexible.

Robert opened the floor to questions. Robert said that the AFD's importance is detailed by the state criteria, but it does not address zoning issues. A question was asked about the financial benefits to the farmer. There are no extra tax benefits if the land is already being farmed. A person can choose to put only part of their property into an AFD, as long as it meets the requirements. Al pointed out that Class 3 (farming) land in Nelson is valued today at $70 an acre in terms of land use taxation. The county may look closely at the whole issue of land use taxation with the revenue situation being what it is. This will make establishing an AFD more attractive. Mike pointed out that the issue comes up about once a year, usually surrounding WESTVACO. The question of application fees came up. The maximum that a county can charge is $300 and in some counties it as low as $70. The main problem will be getting the Advisory Committee together and functioning. Once the procedures are in place the process should get easier. Al suggested that Rural Nelson develop a model ordinance for an AFD in order to start the ball rolling. The supervisors would probably welcome an ordinance, it was felt, and it might be better to have a group of landowners come up with it. Al asked for Robert and the Elma group to come up with an initial stab at it.

Joyce gave the Treasurer's Report. Through 9/30/02 income is $13,665.01, and outflows are $16,320.92. The deficit to date is $2,655.91, and the book balance is $8,137.34. Donations are badly needed. Budgeting for next year will be done by the board in November.

FUNDRAISERS: Five dollars from every copy of "Never Ask Permission" by (yours truly) sold at the Richmond Symphony Decorator Showcase House in Richmond will go to Rural Nelson, so if you know of anyone going down to visit it urge them to consider buying the book. The house is 909 W. Franklin Street, and an ugly big old house it is too, but the decorators have had a ball jazzing it up and it's worth a visit.

Last Friday there was a dinner that Charles Kuhn at Sunflower Restaurant and Health Food Store put on with the proceeds going to Rural Nelson. He charged $20 a head, and is willing to do it again, so we need to get the word out when we know it's going to happen. The food was delicious.

Debbie Harkrader, Jeanie McConkey and Robin Luecke are planning an evening at the Stoney Creek Bar & Grill in November, with a $50 charge (which includes wine) half of which will go to Rural Nelson. We need a minimum of thirty people. It will be one of three evenings at local restaurants, with perhaps a discount if a person buys into all three. There will be one each in November, December and January. The dinner at Stoney Creek will be on Saturday, November 9 from 6:00-9:30pm with the December and January dates to be announced. (See below for the November menu). Contact Rural Nelson for tickets.

There will be a zoning ordinance work session on Oct. 9th at 7:00 p.m. in the courtroom of the courthouse. Mike suggested that it would be good if Rural Nelson had a good showing at the meeting to make our interest obvious. Kim emphasized that we need to show that we are following the process.

Mike explained that the village task force for Lovingston is a group of interested citizens that has met and is in touch with the new director of Tourism (who used to be the director of the Main Street program in Waynesboro) who will be working with the group. There is growing interest in the task force.

Al explained that the design ordinance group would be working to bring an ordinance with design guidelines to the Planning Commission. This will be the subject of the next Rural Nelson meeting on November 5th.

We are forming a partnership with Lynchburg College to try to obtain a Canaan Valley grant to GIS map a portion of the county. Without adequate mapping it is impossible for the county to make sound land use plans.

The Blue Ridge Railway Trail groundbreaking ceremony will be on Saturday, October 12th, and they are anxious that many people attend to show their interest to the press, who will be there. It will be at the Piney River Depot and Trailhead (left side of Rte. 151 near the Amherst County line).

There will be a Living Towns Conference in Woodstock, Virginia on Wednesday, October 16th. It will focus on how small communities can get a handle on their future. Al will be going and urged anyone else interested to attend.

There was a conference put on by Advocates for Sustainable Albemarle Population in Charlottesville recently, which Al reported on. At the conference Jim Burton, a supervisor from Loudon County, talked about Loudon's smart growth initiative. They got a comprehensive plan enacted into zoning which will cut growth by one-third. The curve is still going up, but that is because the permits were already in hand for many developments. The new supervisors have been sued right and left and are taking lots of political heat. Jim Burton said loud and clear: don't depend on the General Assembly, enact what you need within your own county. There was another presentation on the ethics of smart growth. A law school professor also spoke, looking at what the law has to offer in the state of Virginia, which is primarily the tool of a comprehensive plan. The fundamental message of the conference was to be aware that growth is not inevitable, and can be controlled. Albemarle is just about to start in on a new comprehensive plan.

Rural Virginia is focusing on rural tourism and how to be a conduit and a web-based guide to tourism. Uri reported that they are interested in linking to our website, and would like to feature Rural Nelson's efforts.

Mike pointed out that if you go to the tourist office they have a series of miniatures of famous Nelson County sites. Soon there will be a miniature available of our office, which will be ready for Christmas presents at $15 apiece, approximately.

Kim reminded people that the office would be open Halloween night. Come in for coffee and candy. Kim is looking for donations of candy as hungry children appear in great numbers.

Tom Eich (new member of our board) said that the Sierra Club had Meredith Richards come to speak last week, and she also answered a long form on environmental issues. She detailed what she has been involved in, and Tom pointed out that she is a candidate who would be much more sympathetic to environmental concerns than Virgil Goode. She does need campaign money. Her website is www.meredithrichards.org.

Respectfully Submitted,

Mary Buford Hitz

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Stoney Creek Bar & Grill Menu (Saturday, November 9 6:00-9:30pm)

Choice of: Sliced London Broil, Au gratin potatoes, vegetable OR

Penne Primavera with a Lemon Basil Cream Sauce and Parmesan OR

Penne Primavera with Chicken and a Lemon Basil Cream Sauce and Parmesan