After a moment of silence and the recitation of the pledge of allegiance the floor was opened to public comment on a variety of issues. Linda Staten was introduced as the county’s new HR and Finance director.

Resolutions: R 2022-47 :

1) An appropriation of $479,716 of unbudgeted funds was approved for the following:

a. $250,000 in State Funds form the Department of Historic Resources give to the county as a pass through to the Vietnam War and Foreign Conflict

Foundation for planning for the development of the Vietnam War and Foreign Conflicts Museum;

b. $60,000 in unspent FY22 Grant funds from the Virginia Outdoors Foundation for establishment of a boat takeout and parking lot along the Rockfish River;

c. $38,048 in unspent FU22 funding Comprehensive Plan Update expected to be utilized in FY23;

d. $31,184 in Library of Virginia Grant funds for the Clerk of Circuit for the preservation of various deed books, land books , marriage records, and minute books in FY23;

e. $5,908 in unused balance of FY22-23 Selective Alcohol Enforcement Grant funds for the Sheriff’s Department;

f. $34,382 in reappropriation of FY22-23 Commonwealth Attorneys Office State DCJS grant funds to be received in FY23;

g. $70,194 in FY22 NCSA Wintergreen project inspection fees earmarked for NCSA project use

2) $58,846 General Fund Transfer from Recurring Contingency of $58,846 reflecting

a) $3,846 in FY23 OAR fund previously approved but omitted from the FY23 budget as adopted.

b) $5,000 in additional funds for the FY23 Robinson, Farmer, Cox, Associates Audit service contract;

c) $50,000 requested for Detention Home funding to accommodate three detainees through September at a per diem rate of $330 per detainee. There is no known end date at this time for this expenditure.

The resolution was approved. With the approval of the resolution, the remaining balance in the Recurring Contingency Fund is $938,279.

Presentations:

a) Dan Brown from VDOT gave a report on the state of road construction, highway maintenance, median mowing and general issues regarding the status of upkeep of the roads in drainage affecting roads in Nelson County.

b) The Comprehensive Plan Status report indicated that August 31 is now the cutoff date for surveys. Five hundred forty surveys have been received so far. Fifty five per cent of the respondents are over 55 years of age. The board agreed to hold two more workshops, one on Route 29, expected to be scheduled on a Sunday possibly at 3:00 pm and one meeting to report the results of the meetings/surveys.

3) Resolution R2022-48 passed unanimously “requesting the Commonwealth Transportation Board to name the bridge structure over the “Norfolk-Southern Railroad on Route 6 in the Faber area of Nelson County as the Geoffrey E. Miles Memorial Bridge’ in honor and recognition of an esteemed and universally respected and dedicated public servant of Nelson County.”

4) Candace McGary reported the following:

a) Covid 19: as of August 5, 2022, the county has experienced 2,897 reported cases of the virus and 36 deaths. The county’s risk list level is Medium.

b) Quarantine requirements for the spotted lanternfly has expanded to include Lynchburg City, Rockbridge County, Augusta County, and Albemarle County.

c) The TJPDC was approached by several jurisdictions in our region asking if they would be will to serve as the lead applicant for a multijurisdictional Safe Streets for All (SS4A) grant through the USDOT to facilitate the development of either a regional comprehensive transportation and safety plan OR individual local comprehensive safety action plans. The applications deadline is September 15. More information is anticipated to be available for a decision on participation by Nelson by the September 13th meeting.

d) Piney River Water & Sewer System is anticipating installation of a new VFD (variable frequency drive) which operates one of the pumps in or after October at an anticipated cost of $140,000-$150,000, not including sitework which could add another $100,000 to the cost.

e) Closing on the purchase of the Larkin Property was expected to occur on august 12, 2022.

f) Termite damage to the Circuit Court Room is expected to be commenced in October /November 2022 at a cost of $15,500.

g) Two certified Public Safety dispatchers have been hired.

h) No new information was reported on Renaissance Ridge.

5) Jesse Rutherford indicated he is meeting with short term rental people to get information regarding to transient occupancy tax. Ernie Reed and Jessie Rutherford discussed how to respond toned to regulate the industry and collect the tax payments. Wintergreen has adopted an ordinance that short

term rentals must be reported to the Wintergreen which will be shared with the county by Wintergreen.

6) Jesse Rutherford brought a motion to provide $3,000 to $5,000 to the Fire Department to help defray the cost of the Halloween and Christmas parades. The motion passed unanimously.

7) At the 7:00 pm meeting the Board considered the request of the Department of Planning and Zoning that the definition of a “Kennel” be modified for its use in classification in A-!, SE-1, and B-1 zoning districts to state: “Kennel: a place where the primary use is to house, board, breed, handle, groom, train, or otherwise keep or care for dogs, cats, or similar small animals for sale or in return for compensation. Kennels may include associated facilities necessary to support the operation including but not limited to office space, meeting space, and temporary lodging exclusive to those clients training with the animals.”

The adoption of this definition would accompany a removal the “by right” use in A-1 Agriculture, and SE-1 (Service Enterprise), and add as Special Use Permit (SUP) in A-1 as SE-I, but would keep as a by right use M-2 In Industrial and add by right use in B-1(Business).Existing kennels and kennels as a secondary use in conjunction with a dwelling (home occupation) remain permitted by right.

The Planning Commission had voted 6-0 in favor of these changes. The proposed changes were the result of two separate inquiries regarding a proposed commercial kennel and a service dog facility on Route 151. The motion passed after considerable discussion 3-2 with Mr. Parr and Mr. Harvey dissenting.