HIGHLIGHTS OF THE APRIL 11, 2023 NELSON BOARD OF SUPERVISORS MEETING

PRESENT: Supervisors Barton, Harvey, Rutherford, and Reed. ABSENT Supervisor Parr.

A. Resolution – R2023-18 Minutes for Approval: Approved.4-0
B. Resolution – R2023-19 Budget Amendment Approved 4-0

The general fund appropriation of $347.36 is requested to appropriate an additional FY22 Four-For-Life funds for Disbursement to Nelson EMS Council. The Piney River Water/Sewer Fund Appropriation of $57,795.18 represents (1) $18,802.68 for Piney River Water and Sewer Connection and Installation Fees received; and (2) $38,992.50 appropriation from the general fund recurring contingency to cover additional labor, pump and haul service costs during Feb 2023 emergency pump station repair. Additional transfers form the General Fund Recurring Contingency $33,872, 826 from the Registrar’s office to cover additional cost projections FY2023 and $36,000 requested appropriation for FY23 Architectural Partners Contract Addendum #9-Master Planning Services for the former Larkin Property.

C. Resolution – R2023-20 Authorization for Public Hearing on FY24 Budget BE IT RESOLVED, by the Nelson County Board of Supervisors, that pursuant to §15.2-2503, and §15.2-2506 of the Code of Virginia 1950 as amended that a public hearing on the FY24 Budget is hereby authorized to be held on Tuesday, May 9, 2023 at 7:00 PM in the General District Courtroom of the Courthouse in Lovingston, Virginia. Approved 4-0

D. Resolution – R2023-21 Establishment of 2023 Tax Rates. Approved 4-0.

RESOLVED, by the Nelson County Board of Supervisors, pursuant to and in accordance with Section 58.1-3001 of the Code of Virginia, 1950, that the tax rate of levy applicable to all property subject to local taxation, inclusive of public service corporation property, shall remain effective until otherwise reestablished by said Board of Supervisors and is levied per $100 of assessed value as follows:

Real Property Tax $0.65

Tangible Personal Property $2.79

Machinery & Tools Tax $1.25

Mobile Home Tax $0.65

IV. NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK (R2023-22): NOW THEREFORE BE IT RESOLVED, that the Nelson County Board of Supervisors declares the

week of April 9-15, 2023 as National Public Safety Telecommunicators Week in Nelson County, in honor of the men and women ( in law enforcement, fire or emergency medical services) whose diligence and professionalism keep our county and citizens safe.

PRESENTATIONS
A. VDOT Report

Rural Rustic Priority List FY23/28: See attachment. This will be addressed again at the May 9, 2023 Meeting.

B. Secondary Six Year Plan Work Session (R2023-23) : Approved 4-0.

WHEREAS, The Virginia Department of Transportation and the Board of Supervisors of Nelson County, in accordance with Sections 33.2-331 and 33.2-332 of the Code of Virginia, are required to conduct a public hearing to receive public comment on the proposed Secondary Six-Year Plan for Fiscal Years 2024 through 2029 in Nelson County and on the Secondary System Construction Budget for Fiscal Year 2024,NOW THEREFORE BE IT RESOLVED, that a public hearing will be held for this purpose in the General District Courtroom of the Nelson County Courthouse, 84 Courthouse Square, Lovingston, Virginia at 7:00 pm on Tuesday, May 9, 2023.

C. Opioid Abatement Authority Funds Application – Region Ten (R2023-24): Approved 4-0. “ NOW, THEREFORE, BE IT RESOLVED, the Nelson County Board of Supervisors authorizes the County’s participation as an applicant in the regional application for funding assistance from the Opioid Abatement Authority in conjunction with the other member jurisdictions of the Region Ten Community Services Board and cooperating organizations; and BE IT FURTHER RESOLVED, that Albemarle County as the lead applicant and designated fiscal agent, as well as the Nelson County Administrator, is hereby authorized to execute all documents in connection with said regional grant application.”

Region Ten’s Request and a description of what they are asking for and why:

Region Ten would like to put together an OAA proposal that seeks to partner with the localities it serves to advance our substance use and co-occurring disorders services. In the Nelson County, 55 percent of the adult client population served by Region Ten has a diagnosis of a Substance Use Disorder, which meets the OAA definition of “using opioids or at risk of using opioids.”

Our application would contain three priorities connected to crisis response and community outreach:

1. Crisis Response

The Goal: To provide the appropriate level of assessment and support to people who are

experiencing a psychiatric emergency while diverting from involuntary inpatient hospitalization

where appropriate.

The Program: 23-hour bed program

The Service: 23-hour beds are defined as a period of up to 23 hours during which assessment and

stabilization services are provided at less than an acute level of care. These are generally indicated for those situations where a person appears to be at risk for harm to self or others but does not clearly require admission to an inpatient setting. This level of care offers an opportunity for reassessment and the gathering of additional data which may support the appropriateness of

admission to a non-inpatient setting. The Outcome: decrease in overall hospitalizations and improvement in community connection to resources and supports.

2. CITAC Expansion

The Goal: To provide support, assessment, and response to people who are experiencing a

psychiatric emergency in a respectful, confidential setting.

The Program: The Region Ten CITAC provides people in crisis an environment outside of the criminal justice system for proper intervention, assessment, and care. The program accepts transfers of Emergency Custody Orders (ECOs) based on CITAC capacity and appropriate referral parameters.

The Service: Emergency assessment for psychiatric hospitalization and law enforcement transfer of custody for people who are under an emergency custody order and in need of an assessment for inpatient psychiatric hospitalization.

The Outcome: Decreased reliance on law enforcement, diversion from hospitalization and

incarceration for people experiencing a psychiatric emergency. Increased connection to services and supports.

3. Community Outreach

The Goal: To provide community outreach and support through responding to people in the

community at the right time, in the right setting, with behavioral health expertise to support,

engage and link to appropriate longer-term services.

The Program: Initially, the team will work as part of the day program at Blue Ridge Center in

Charlottesville. With funding and staff, there will be an identified outreach team for each locality.

The Service: Community response to a local incident, episodic support for disconnected individuals who are not functioning well in the community, outreach to consumers who would benefit from a high touch team to engage in services.

The Outcome: Increased connection to ongoing services that support community tenure. The cost associated with these initiatives is primarily connected to personnel and totals $1,363,961.

Region Ten currently has the infrastructure in place to build out the proposed programming so any additional funds through the OAA would be expanding, not supplanting, existing frameworks.

D. Dolly Parton’s Imagination Library – Nelson Memorial Library

Dolly Parton has created a foundation to provide books monthly to children from birth until the month they are to enter kindergarten at no charge to the recipient. The first book is “The Little Engine That Could.” The final book Is Look Out Kindergarten, Here I Come” the cost of shipping paid for from funds outside of the foundation and the cost of shipping is paid for by Non-profits willing to take on the responsibility to administrate the shipping and enrollment of the recipients.

The Nelson County Librarian has agreed to head up the program to enroll children and to send the necessary funds to the foundation for the shipping. The shipping cost is $2.20 per month. The United Way in Charlottesville has agreed to be the 501(c)(3) for our Dolly Parton

Imagination Library. They will be receiving all of the donations for this project and

taking care of the payments to the Dollywood Foundation. They are writing a MOU for

the program as well. The Grow Nelson Library Committee will run the program

through the library. The committee members will sign up the children to receive the

books, handle any questions, and prepare paperwork necessary to run the program in

Nelson County. Nelson Memorial Library will host several programs throughout the

year to help promote not only this program but also early literacy programs that are provided by the library. The state appropriated funds to 50% of the costs shipping for any participating county. Volunteers from the Grow Nelson County Library Committee in conjunction with Nelson Memorial Library will host years “kick off programs and schedule monthly sign-ups for parents at the library. Two years of funding need to be ready in order to become an affiliate organizations Money has been sought from the Rotary Club, Massies Mill Raritan Club, Fleetwood Harmony Masonic Lodge, and the Nelson County Community Foundation. The Nelson County Board was requested to provide $2,000 to build the necessary seed funds to match the donation by Grow Nelson Library and then requests that the board appropriate $1,000 each year thereafter. The Board passed 4-0 the request for $2,000 for the 23/24 budget.

Memorial L

VI. NEW & UNFINISHED BUSINESS
A. Proposed Family Trust Zoning and Subdivision Ordinance Updates
1. Proposed Zoning Ordinance Amendments (R2023-25): Approved as written by the Planning Commission recommendation: 4-0. See below.

The Nelson County Planning and Zoning Commission made this recommendation to the Board of Supervisors: “In conjunction with the proposed Subdivision Ordinance Amendment, this proposed Zoning Ordinance Amendment would increase the minimum required lot area for family division lots in both A-1 Agriculture and R-1 Residential zoning districts from 1 (one) acre to 2 (two) acres. At their meeting on March 22, 2023, the Planning Commission held a public hearing and voted (3-2) to recommend approval of the proposed Zoning Ordinance Amendment to the Board of Supervisors.”

2. Proposed Subdivision Ordinance Amendments (R2023-26): Approved as written by the Planning Commission recommendation: 4-0. See Below.

RE commendation from the Nelson County Planning and Zoning Commission sent to the board of supervisors.

“The Code of Virginia provides certain protections to reduce requirements for family divisions of land. The current Nelson County Subdivision Ordinance requires a minimum access width of 30 (thirty) feet, whereas the Code of Virginia only allows localities to require no less than 10 (ten) feet and no more than 20 (twenty) feet. The Code of Virginia also allows localities to adopt an ordinance that would permit family divisions of land to beneficiaries of trusts. The purpose is consideration of Subdivision Ordinance Amendments to allow a family division of land to be sold or gifted to the beneficiary of a family trust with a fifteen (15) year restrictive

covenant, and reduce the access width requirement for a family division from thirty (30) feet to

twenty (20) feet, to align local Ordinance with Virginia Code. At their meeting on March 22, 2023, the Planning Commission held a public hearing and voted (3-2) to recommend approval of the proposed Subdivision Ordinance Amendments to the Board of Supervisors.”

BE IT RESOLVED, that pursuant to §15.2-1427, §15.2-107, §15.2-2204, §15.2-2285, §15.2-2310, and§15.2-4307 of the Code of Virginia 1950 as amended, the County Administrator is hereby authorized to advertise a public hearing to be held on June 13, 2023 at 7:00 PM in the General District Courtroom in the Courthouse in Lovingston, Virginia. The purpose of the public hearing is to receive public input on an Ordinance proposed for passage to amend Appendix B Subdivisions, to reduce the required right-of way width from thirty (30) feet to twenty (20) feet when a family subdivision results in the creation of a parcel of five (5) acres or less. Proposed amendments also include the addition of family subdivision provisions pertaining to a family land trust which indicate (i) that all trust beneficiaries must be immediate family members; (ii) all trust beneficiaries must agree that the land should be subdivided; and (iii) all beneficiaries agree to place a restrictive covenant on the subdivided property that would prohibit the transfer of the property to a nonmember of the immediate family for a period of 15 years. The proposed amendment includes a provision that the Planning Commission may reduce the period of years prescribed in clause (iii) when changed circumstances so require.

B. Establishment of 2023 Personal Property Tax Relief (R2023-27): Approved as written by the Planning Commission recommendation: 4-0.

NOW THEREFORE BE IT RESOLVED that the Nelson County Board of Supervisors does hereby authorize tax year 2023 personal property tax relief rates for qualifying vehicles as follows:

• Qualified vehicles with an assessed value of $1,000 or less will be eligible for 100% tax relief;

• Qualified vehicles with an assessed value of $1,001 to $20,000 will be eligible for 39% tax

relief;

• Qualified vehicles with an assessed value of $20,001 or more shall be eligible to receive 39%

tax relief only on the first $20,000 of assessed value; and

• All other vehicles which do not meet the definition of “qualifying” (business use vehicle, farm

use vehicle, motor homes, etc.) will not be eligible for any form of tax relief under this program.

BE IT FINALLY RESOLVED that the personal property tax relief rates for qualifying vehicles

hereby established shall be effective January 1, 2023 through December 31, 2023.

VII. REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE

1. County Administrator’s Report:

A. Comprehensive Plan: The project website is www.Nelson2042.com. The last of four scheduled joint work sessions of the Board of Supervisors and Planning Commission will be held on May 17, 2023, time to be announced and will entail review of draft chapters pertaining to Land Use and Transportation. A focus group work session on these topics will be held on April 13th from 2pm to 4pm.

B. County Website Redesign: _We are at Stage Two of the nelsoncounty-va.gov website development. The full site framework is set up with completed content organization and finalized site hierarchy and navigation. All content from the current site is being cleaned and formatted into the new page templates. Edits have begun on HTML (HyperText Markup Language) and CSS (Cascading Style Sheets) for all imported content and testing is being done. A timeline for a de

C. Nelson 151 Corridor Study: Two public engagement sessions will be held within the study area, with the first being rescheduled to April 18th at the Rockfish Valley Community Center from 4-6 PM.

D. Amherst County Solar Project: On March 16th, Amherst County’s Planning Commission held a public hearing on a Special Exception Request by Piney River Solar, LLC for a utility-scale project on property in Amherst County that adjoins the Virginia Blue Ridge Railway Trail. Their Planning Commission unanimously recommended denial of the request in a (5-0) vote due to view shed and environmental concerns. Consideration of this Special Exception now goes to the Amherst Board of Supervisors on May 16th at 7pm.

E. New Office Building: _PMA provided us with a timeline from Timmons for the geotech work and reporting for the DSS Calohill site as follows: The drilling is scheduled for 4/21 which should take approximately 3-4 days. Within 7-10 days after that, Timmons should have some preliminary boring logs. The full report would follow later on, after the Geotech fully analyzes the results. Based on this, I estimate drilling work done by 4/25 and preliminary boring logs by around May 5th with the full report to follow. I am thinking that the report would likely be finalized and provided to us sometime in late May or early June but that is TBD.

F. FY24 Budget: _The Board and staff have conducted budget work sessions on March 28th, March 31st, and April 3rd with other dates to be set at the April 11th regular meeting. Real Estate, Personal Property, Mobile Home, and Machinery and Tools tax rates will remain the same as set in 2022. The Board and School Board have scheduled a joint meeting on April 20th from 6pm to 7pm just prior to the School Board’s regular meeting. The Board is being asked to authorize a public hearing on the budget to be advertised and held on the regular May 9th Board of Supervisors meeting at 7pm.

G. Proposed Tax Relief Ordinances: The County attorney has drafted proposed Ordinance amendments, as discussed in budget work sessions, that would provide for real property tax relief for the surviving spouse of any US Armed forces member killed in action and any veteran who has a 100 percent service-connected, permanent, and total disability. These provisions have been enabled by State Code; however, were not provided for in our local Code. Staff will ask the Board to authorize a public hearing on these Ordinances at the May regular meeting for potential public hearings in June.

H. Gladstone Depot TAP Grant: A meeting has been scheduled with County staff, VDOT staff, Mr. Barton, and Mr. Rutherford, and Friends of Gladstone Depot for April 18th at 10am to discuss the project and the draft TAP Agreement. The TAP Agreement will then be presented for consideration by the full Board at a subsequent meeting.

I. Growth and Accessibility Planning (GAP) Technical Assistance Program: The County has been selected by the Office of Intermodal Planning and Investment (OIPI) to receive a GAP Technical Assistance grant for a Nellysford Small Area Development Plan. Planning activities include looking at: Connectivity of non-motorized networks and

facilities, preservation of natural areas, mixed-use neighborhoods, including mixed housing types, with affordable housing to meet the projected family income distribution of future residential growth. The next step is working with OIPI staff to develop a detailed scope of services, at which time the dollar amount of up to $100,000 in assistance will be determined.

J. Safe Streets and Roads for All (SS4A) Grant Award:

In September 2022, the Board authorized a letter of support for a regional grant application submitted by the TJPDC on behalf of its member jurisdictions to the US Department of Transportation.

TJPDC was notified that it was selected to receive the grant for the development of a comprehensive safety action plan which will establish prioritized projects and strategies for each locality to effectively reduce roadway fatalities and serious injuries through consideration of policies and procedures, public education, and infrastructure investment. The next step is development of the scope of work by TJPDC with input from member localities, the establishment of a regional stakeholders group made up of jurisdictional representatives for project oversight, and the development of each jurisdiction’s goals and targets of each of the governing bodies. There is a local match based on a per capita basis of up to $30,000, this is TBD for each locality.

J. Safe Streets and Roads for All (SS4A) Grant Award:

In September 2022, the Board authorized a letter of support for a regional grant application submitted by the TJPDC on behalf of its member jurisdictions to the US Department of Transportation. TJPDC was notified that it was selected to receive the grant for the development of a comprehensive safety action plan which will establish prioritized projects and strategies for each locality to effectively reduce roadway fatalities and serious injuries through consideration of policies and procedures, public education, and infrastructure investment. The next step is development of the scope of work by TJPDC with input from member localities, the establishment of a regional stakeholders group made up of jurisdictional representatives for project oversight, and the development of each jurisdiction’s goals and targets to be adopted by each of the governing bodies. There is a local match based on a per capita basis of up to $30,000, this is TBD for each locality.

2. Board Reports

B. Appointments to UnExpired term of Kim Bryant. B on Economic Development Authority. Applicants John Conway and Richard G. Averitt. Richard G. Averitt was selected in 4-0 vote.

EVENING SESSION
7:00 P.M. – NELSON COUNTY COURTHOUSE

III. PUBLIC HEARINGS

A. Special Use Permit #867 – Restaurant approved 4-0.

Consideration of a Special Use Permit application requesting County approval to allow a restaurant use on property zoned A-1 Agricultural. The subject property is located at Tax Map Parcel #3-A-154B at 66 Saddleback Farm in Afton. The subject property is 28.1 acres and owned by Hodson Living Trust.

Comments from : Rezoning #479 from R-1 Residential to A-1 Agriculture with concurrent SUP #480for a restaurant was approved by the Board of Supervisors on January 11, 2022. At the time, an addition had already been constructed to be utilized as a restaurant, and required approval of a

Special Use Permit to allow public access. Because this restaurant addition was attached to the

existing bed and breakfast operation, there was difficulty determining an efficient and cost effective method to comply with statewide building code requirements, such as firewall

separation. The owners have diligently pursued a path forward, and have determined that the

most appropriate way to proceed would be to construct an entirely separate facility for the

restaurant use. Because the original SUP expired after one year, the owners are required to

secure a new SUP for the new construction. Currently, food is prepared at the winery facility on an adjoining parcel, and transported to the Farmhouse for service to guests. At their meeting on March 22, 2023, the Planning Commission voted (5-0) to recommend approval of this application to the Board of Supervisors.

B. Ordinance O2023-01 Amendment to Chapter 3, Animals: Approved 3-1, Mr. Harvey voted no.

Consideration of an ordinance proposed for passage to amend Chapter 3, Animals, to incorporate provisions pertaining to the fence law, proposed fees and removal of sections that are duplicative of state law. The most notable changes are as follows;

Sec. 3-81. Boundaries declared lawful fences.

The boundary line of each lot or tract in this county is hereby declared a lawful fence to any domesticated livestock or poultry domesticated by man.(Ord. No. O2019-02, 11-14-19)

New

Sec. 3-82. Unlawful for livestock to run at large.

It is unlawful for the owner or manager of any domesticated livestock or poultry to allow, willfully or negligently,

any such animal, as to which the boundaries of lots or tracts of land have been constituted a lawful fence, to run at large beyond the limits of his own lands within the county. Any owner or manager who allows such animal to run at large shall be deemed to have violated this section which shall be punishable as a Class 1 misdemeanor.

State law ref: Virginia Code § 55.1-2820

New

Sec. 3-83. Recovery of Costs.

When domesticated livestock or poultry running at large are recovered by animal control or law enforcement, then all costs associated with the recovery and confinement of such animals shall be the responsibility of the owner or manager. Such costs shall include, but are not limited to, the engagement of private citizens to capture the animals, fees for transporting the animals, boarding expenses for confinement by the county or on the property of others, and expenses incurred in connection with sale or other disposition of such animals.

Ann MischeMay 3, 2023

HIGHLIGHTS OF THE APRIL 11, 2023 NELSON BOARD OF SUPERVISORS MEETING

Paid for by the Nelson County Democratic Committee

© 2024 Nelson County Democratic Committee

More about Democrats

Take Action