Highlights from the December 13, 2022 Board of Supervisors Meeting
The Nelson County Board of Supervisors met on December 13 2022. Present were Mr. Barton, Mr. Rutherford, Mr. Reed and Mr. Parr. Mr. Harvey was absent.
Public Comments largely address both in favor of and against Special Use Permit Request#717 to permit a breakfast only restaurant to open in Nellysford. Details of the proposal are set forth below.
The minutes of the November 13, 2022 meetings of the Board of Supervisors were approved Resolution R2022-70 which had three components. The first appropriated $84,682.90 to the general fund which was received from: 1) $16,734.90 Commonwealth Attorney Asset Forfeiture fund; 2) $1293 from the SCAAP Grant funds; 3) $405 from the DMV Animal Friendly Plate for dog and cat sterilization costs; 4) $10,000 from VA Tourism Corporation Drive Tourism 2.0 Grant; and 5) $56,250 from the Community Business Launch Grant funds provided by VA Department of Housing and Community Development.
Resolution R2022-70 included a School Fund Appropriation in the same resolution of $645,000 reflects $250,000 from the School Security Equipment Grant funds to be received from the VA Department of Education and $395,000 from the Clean School bus Rebate funds for the second of two bus charging stations.
Resolution R2022-70 also included a general fund transfer from the non-recurring contingency fund of $6,240 for the additional cost increase of Amendment #1 to the Berkley Group Contract for the Comprehensive Plan Update.
Resolution R2022-71 amending R2021-66 (establishing fees for the rental of the Montreal Park and Shelter) was approved . The amendment added Lil Kickers as part of the Nelson County Parks and Recreation Programs and service and adjusted the sibling discount and changed Summer Youth Sports Camp to accommodate camps for different lengths of time instead of a set fee. The approved changes are incorporated in Exhibit A of the resolution.
Reports were received from VDOT (regarding the status road construction and repairs in the county); the Drug Court implementation, JABA (information and aging services coordination provided in the county with a 98% customer satisfaction rating, volunteer opportunities for seniors and mentoring opportunities through FISH, health services in conjunction with the UVA School of nursing, chronic disease self-management classes, community centers and programs including virtual programming, home delivered meals, insurance counseling, adult care centers and dementia care programs). PVCC reported that 4.5% of its graduates are from Nelson County. Forty- four students form Nelson County High School participated in dual enrollment courses at PVCC in 16 course sections for 350 credit hours in school year 2021-22. The Bolick Advanced Technology & Student Success Center is due to open in January of 2024. Firefly Broadband Access reported the status of its installations and stated that service should be available county wide in the next few months.
Commonwealth Attorney Daniel Rutherford requested funding for a temporary position beginning January 9, 2023 to help cover his workload while he is on active duty service overseas (January 4, 2023-July 10,2023) in the amount of $27,000. The request was approved.
Resolution R2022-72 setting a public hearing at 7:00 pm on February 14,2023 to receive citizen comment on the proposed ordinance to change the Centra Absentee Precinct Polling Place from the Nelson Memorial Library to the Nelson County Voter Registration Office was approved.
The request from the Gladstone Volunteer Fire and Rescue for the purchase of a 9’Spitfire Quick attack unit priced at $215,000 under the 80/20 support program was approved.
The Home American Rescue Plan Act (ARP) plan to allocate the $347.405 given to Nelson County for housing for the 11.5% of the Nelson County Population who are in poverty. The plan for Nelson is to build two 1 bedroom duplexes or two 2 bedroom duplexes or one of each and investigate providing rental assistance, supportive services and capacity building for NCCDF. The structures would be built on the CCDF property in Roseland (6 acres) . The land is valued at $30,200.The funding would come from the Home ARP Funds ($347,500), and the NCCDF Home Funds ($175,000). Mr. Rutherford advised that additional funds be obtained from the Virginia Housing Authority. The plan was approved.
The application for Real Estate Tax Exemption renewal filed by the Wintergreen Nature Foundation was approved. The application for a Real Estate Tax exemption for Piedmont Habitat for Humanity was approved. . The application for a Real Estate Tax exemption for Sychronicity Foundation was approved.
Resolution R2022-73 authorizing the County Administrator to execute a contract with Hidden Pond Consulting of Afton, Virginia in an amount not to exceed $19,400 for redevelopment of the County’s website was adopted. The website has been losing functionality over the last two months. The cost would be covered by a transfer from the Non-Recurring Contingency in the January Budget Amendment.
Special Use Permit 717 for the building and use of a breakfast only restaurant on property located at 2884 Rockfish Valley Highway containing 2.652 acres currently zoned A-1 Agriculture was adopted with a vote of 3-1. Mr. Reed was the dissenting vote and based his opposition on the current master plan, the proposed future master plan, and the fact that the criteria for Special Use permits had not in his opinion been met. The property is owned by a partnership, and the two active partners being Scott DeFusco and John Washburn. The current structure (a house which has not been occupied in 20 years and has issues with asbestos) will be torn down and a 3200 square foot farmhouse styled building seating approximately 55-60 people with a drive-thru window will be built. The hours will be from 7:00 am to 2:00 pm. The property shall be screened by landscaping acceptable to the Director of Planning and Zoning, Lighting shall be directional and glare shielded to prevent light pollution onto adjoining roadways, properties and the night sky.
The County Administrator reported on a number of items. e items of particular interest were a) 2nd of four scheduled joint work sessions regarding the Comprehensive Plan of the Board of Supervisors and the planning Commission is scheduled for January 18, 2023 where draft content regarding Natural and Historic Resources and Community Facilities and Infrastructure will be reviewed. Subsequent joint meetings will be held March 15 , 2023 and May 17, 2023; and b) The grant award of $699,640 in Department of Justice funds for implementation of Adult Drug Court has been accepted. The required local match for this grant of which 60.5% or approximately $187,296 will be in-kind match and 39.5% or $122,400 will be a cash match. A Memorandum of Understanding with Offender Aid Restoration (OAR) for management of the drug is under development.
The Board had no reports.
There were no Appointments, Correspondence or Directives to report.
The Board then ended the public session and went into closed session.
The Board reconvened at 7:00 pm and considered the following:
Ordinance 02022-05 -Amendment to Chapter 6, License, Permits and Business Regulations , Article 4 General Business license to include short term rental activities, and to clarify the definition of a person engaging in the business of rental property and to prescribe the requirements to obtain a business license was adopted.
Ordinance 02022-06- Amendment to Chapter 11, Taxation, Article 6, Transient Occupancy Tax: The purpose of these amendments is to repeal11-143 and 11-130 which are redundant in the light of the new requirements to obtain a business license, and to add to add requirements for third party collectors and their remittance of the transient occupancy tax to the Commissioner of Revenue and streamlining their remittance to the Commissioner of Revenue. The language of 11-140 and 11-141 regarding Enforcement and Violations and penalties. The Ordinance changes were adopted.
Special Use permit #762 permitting a distillery to be used at what was known as Wild Wolf Brewery was adopted/approved. .
Special Use Permit #764 permitting a 2 site campground located on Crabtree Falls Highway in Tyro which is currently zone A-1 was adopted/approved.
Special Use permit #763 for construction of a 2 site campground in Roseland was withdrawn by the applicant.