Highlights of the August 8, 2023 Nelson County Board of Supervisors Meeting
Present: Supervisors Rutherford, Parr, Barton, and Harvey. On Vacation was Supervisor Reed
The meeting was called to order at 2:00 pm followed by a moment of silence and the Pledge of Allegiance.
PUBLIC COMMENTS
The first speaker was Robert Gubisch who asked the board not to hire anyone to electronically enforce the speed limits in school zones since no child had been injured and no bus had been hit, and therefore the speeding must be “safe speeding. He observed that the drivers who speed in school zones are only speeding a little* and doing no harm. (In the July presentation, “speeding” is defined as any recorded speed more than 10MPH over the designated speed limit.”)
The second speaker was the Chief of the Faber Fire Department, Mr. Cook who told the board he was requesting from VDOT a pictogram sign illustrating for truckers the dangers of their blocking traffic when they are attempting U turns on 29 at the Grape Lawn Drive intersection. See VDOTS response below. Mr. Cook also reported that the new tanker contract is progressing and the cost appears to be less than $400,000.
CONSENT AGENDA was Approved:
A. Resolution – R2023-50 Minutes for Approval (June)
B. Resolution – R2023-51 Budget Amendment
The General Fund Appropriation of $677,440.97 reflects requests of (1)
$31,184 reappropriation requested for FY22 Circuit Court Clerk's Record
Preservation Grant funds received in FY24; (2) $3,078 reappropriation.
requested for Sheriff's FY22 DCJS LOLE (Local Law Enforcement Block
Grant) unused funds to be expended/received in FY24 to assist with crime
reduction and public safety; (3) $513.80 in Fy24 Sheriff's Department Asset
Forfeiture Funds received; (4) $4,000 appropriation of FY24 GIS & 9-1-1
Education & Training Program Grant funds; (5) $32,310 appropriation
requested for FY24 SRO State Special Grant funds at 41% of $78,576 total
cost; (6) $32,373 appropriation request for second FY24 SRO State Special
Grant funds at 41% of $78,728 total cost; (7) $50,000 is requested to
appropriate the second Tranche of ARPA Local Assistance & Tribal
Consistency Fund (LATCF) received in FY24; (8) $401,982.17 is a
reappropriation request for FY23 Microwave Network Upgrade funds unspent
in FY23, plus an additional $34,527.17 required to cover an unexpected
Change Order for necessary tower antenna replacement; (9) $20,000
appropriation is requested for FY24 VTC (Virginia Tourism Corp.) Marketing
Leverage Program, Eat-Drink-Love Grant funds; (10) $20,000 requested to
appropriate FY24 VTC Outdoor Recreation Nelson Style Grant funds; (11)
$82,000 appropriation is requested by the Tourism & Economic Development
Department for VTC ARPA (American Rescue Plan Act) Tourism Recovery
Grant funds expended in FY23, received in FY24 (returned to Non-Recurring
Contingency).
Transfers represent funds that are already appropriated in the
budget but are moved from one budget line item to another. Transfers do
not affect the bottom line of the budget. Transfers from General Fund
Non-Recurring Contingency in the amount of $92,621.00 requested are (1)
$46,266 is requested to cover the 59% Local Cash Match required in FY24
SRO Continuing Grant (NMS); (2) $46,355 is requested to cover the 59%
Local Cash Match required in FY24 SRO Grant (TRE). Following approval
of these expenditures, the balance of Non-Recurring Contingency would be
$389,299.
C. Resolution – R2023-52 Citation Error Correction on Ordinance O2023-05: a citation error was made in new Section 11-72 which referenced “Article 2.3 of the Code of Virginia;” and, the Board corrected the citation and replaced it with “Chapter 11 of the Nelson County Code;”
RESOLUTION – RECOGNITION OF JAMES MORRIS (R2023-53): Mr. James O. Morris is retiring as of August 31, 2023 after having tirelessly served the citizens of Nelson County for approximately thirty-three (33) years. Mr. Morris has dedicated his career to maintaining the County’s office buildings, ensuring the continuity of operations for the County’s departments and offices which serve the citizens of Nelson County. The Nelson County Board of Supervisors adopted this resolution to honor Mr. James Morris with great appreciation for his dedicated and steadfast service to Nelson County throughout his tenure.
PRESENTATIONS
VDOT Report: VDOT did not present a written report. They said that they would put up a larger No U Turn Sign but would not do a pictogram sign as requested by the Faber Fire Chief. IN progress is a Rt 29 Right Turn Lane study. Route 66 construction continues. The pipe crossing 151 at Brents mountain has collapsed and must be replaced which will necessitate closing 151 at that location for approximately 18 hours. Findlay Gap Road work will require a pre-stretched slab of concrete as a temporary fix while VDOT looks for funds to pave a mile of road. Mowing on Route 29 continues. Route 56 will not be part of the paving schedule until 2025.
Mr. Rutherford inquired whether or not the 151 study would be completed in time for the completion of the Comprehensive Plan and underlined that the Board wanted the report to be a part of the comprehensive plan before it was adopted. VDOT said that the report should be available in the fall of 2023 “probably” and that “it should be ready” to meet the Boards timelines. Mr. Rutherford reiterated that this was important. Mr. Rutherford then refenced a town hall in central district on August 4 where participants had voiced serious concerns about the speed limits on Route 151 between Routes 250 and Route 6 and the desire to keep through trucks of Route 6 and 151. Local truck traffic should still be permitted. MR. Rutherford asked VDOT if the board had the ability to effect these changes. The VDOT response was that the board could request VDOT for a change of speed limits and the permitting of through truck traffic but then VDOT has to study the question and decide. He further stated that it would be “a big deal” to ban the through truck traffic because it would add pressure on the Charlottesville 64 /29 interchange. VDOT did not seem excited or happy to look at the problem, given the 29/64 issues.
Nelson Heritage Center Updates: the renovations to the Heritage Center gym are almost completed. The final inspections are in progress. The renovations should be completed by year’s end. The next area of planned renovations are the lobby, bathrooms, and auditorium. The expected cost is approximately $400,000. Money has borrowed to proceed with the renovations, pending reimbursement for the costs from a state grant.
NEW & UNFINISHED BUSINESS
Rockfish Senior Group Funding Request: The board voted unanimously to give the Rockfish Senior Group $12,300 to fund the monthly senior luncheons.
Lovingston Village Association: requested $5,500 to contract for consultants to aid in developing vision and a plan to enhance and improve Lovingston as a location for small business. The Request was approved 3-1 with Mr. Harvey voting no.
Water and Wastewater Facilities PER (R2023-54 : The Board of Supervisors voted 4-0 in favor authorizing the County Administrator to partner with the Nelson County Service Authority in initiating the procurement of professional services to perform Preliminary Engineering Reports (PERs) for a water impoundment and treatment plant at Dillard Creek in Lovingston and the upgrade of the old Lovingston wastewater treatment plant; and that County funding for the completion of the PERs will be authorized upon contract negotiation with the selected consulting firm; with technical expertise and project management to be provided by the Nelson County Service Authority. The reasons for the affirmative vote were: i) that the Board has been advised by the Nelson County Service Authority of the impending need for increased public water and wastewater treatment capacities in the Lovingston; ii) the impending need for increased public water and wastewater treatment capacities in the Lovingston system has been identified in the draft 2042 Comprehensive Plan; ii) as an element of the master planning of the former Larkin property in Lovingston, the Board wishes to consider inclusion of a water impoundment and treatment plant in that location; iv) the feasibility of upgrading the old Lovingston system wastewater treatment plant is also a consideration in the potential to provide additional wastewater treatment capacity for the Lovingston system; and v) procurement of an engineering firm specializing in water and wastewater facilities is necessary to properly evaluate these options. The anticipated cost of the study is $100,000.
REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE
Reports
County Administrator’s Report:
Comprehensive Plan: The project website is www.Nelson2042.com. There will be a Public Open House on the latest full draft plan on August 29th at 6:30pm – 9pm at the Nelson Center in Lovingston.
Line of Duty Act Resolutions & Legislative Initiatives: After the Board’s adoption of Resolution R2023-45 honoring Officer Wagner and requesting General Assembly action to amend the Line of Duty Act to include private police departments, the County requested similar action be taken by Board’s across the State. Currently, we are aware that the same or similar resolution has been adopted by: Amherst, Augusta, Campbell, Greene, Madison, and Montgomery County, with more indicating theirs will take it up in the near future. Senator Creigh Deed’s office has indicated his support and VML and VAC will consider including this in their legislative programs.
Findlay Gap Road Repairs: In follow up to directives from the last meeting; Jerry West, Supervisor Reed, and VDOT staff met on sight at Findlay Gap Road to look at creek crossings that affect public access to the Sturt Park property. VDOT has indicated they will make immediate surface and ford repairs to the road using undesignated tele-fees in the Secondary Six Year Plan that are available. In the coming year, the Board can consider adding Findlay Gap Road to the Rural Rustic priority list for paving.
Virginia Outdoors Foundation PTF Grant – Sturt Park: County staff met with Supervisor Reed, Bill Perry of VDOF, Susan McSwain of the Master Naturalists, Grace Monger of VDOE, and William Rose, property caretaker to discuss ways to improve the County’s second grant application for these funds. The meeting was very productive and an enhanced application will be submitted by the Monday August 7th deadline. Thank you to Jerry West for his diligence on this grant application.
Courthouse Complex Trees Evaluation: Staff has received several evaluations and recommendations from tree specialists (arborists) and Bill Perry of VDOF concerning the large pin oak at the right-hand corner of the entrance road and the sugar maple on the opposite side (left-hand) of the entrance road. All recommended their removal due to their declining health and risk to the public and surroundings. Board advisement on the desire for any further investigation or information on this subject is requested prior to formal consideration. The three cost proposals received for this work to date range from $17,110 - $20,000. The Board voted 3-1 to take down the pin oak and the maple tree as they posed a safety risk to people and property. Mr. Harvey voted no.
Piney River Solar, LLC Special Exception 2023-369 – Amherst County: Amherst County will hold a public hearing on a special exception request for a revised utility scale solar energy system by Piney River Solar, LLC located at 2508 Patrick Henry Highway on tax map parcel 40-A-64 at 7pm, Thursday, August 17th in the Amherst County Administration Building.
Gladstone Solid Waste Collection Site: In follow up to concerns expressed at the last meeting, staff will be working on ways to keep this site in better condition; inclusive of determining the best regular day(s) of the week to clean up the site; possible improvements to site visibility, and other ways to reduce illegal dumping.
DSS Building/Calohill Site: PMA has provided the final geotechnical report from Timmons which confirms the site conditions that were presented to the Board. Staff and PMA are working towards finalization of space needs and PMA is drafting a proposal for the Board’s authorization to proceed into the conceptual/preliminary and schematic design phase of the project. Estimates will be able to be further nailed down during this phase. Mr. Burdette is checking with the State DSS to see if they can provide any increase in the reimbursement amount for the new facility. Staff is working with Davenport on timing of a future financing and proposing consideration of a reimbursement resolution at the same time the design phase is authorized. An update of the Debt Capacity analysis will be forthcoming once some project costs are more solid and FY23 end of year financial status is analyzed.
Shipman Historic District: The Virginia Department of Historic Resources (DHR) will be issuing a request for quotes for selective survey and preliminary information form work on August 14th. The contractor is expected to initiate the project by November, reach 75% completion by February, and 100% completion by the end of March.
Building Official: Its official, Jeremy Marrs has obtained his Building Official certification. Congratulations to Jeremy!
A. Board Reports: Mr. Barton reported that the Jail Board is working on the renovations for the jail. Mr. Parr reported that the Fleetwood Harmony Masonic Lodge #92 in Lovingston and Parks and Recreation are raining funds to pay for a covering structure to protect the restored at the head of the trail beside the depot in Piney River. The Thomas Jefferson Planning District Commission did not meet this past month.
B. Appointments: None
C. Correspondence: None
D. Directives: None
THE MEETING WAS ADJOURNED AND CONTINUED TO THE EVENING SESSION AT 7:00 pm
7:00 PM MEETING
The meeting was called to order.
PUBLIC COMMENTS: None
PUBLIC HEARINGS
A. Ordinance O2023-06 – Amendment to Chapter 2, Administration, Article I, Section 2-2 Safety Program Consideration of an ordinance proposed for passage to amend Chapter 2, Administration, Article I, Section 2-2 Safety Program. Proposed amendments to Section 2-2 are to update the names of the entities covered by the Line of Duty Act as some of the names have changed: There were no public comments offered. Ordinance O2023-06 was approved unanimously.
The Line of Duty Act (LODA) statute applies to “a member of any fire company or department or emergency medical services agency that has been recognized by an ordinance or a resolution of the governing body of any county, city, or town of the Commonwealth as an integral part of the official safety program of such county, city, or town, including a person with a recognized membership status with such fire company or department who is enrolled in a Fire Service Training course offered by the Virginia Department of Fire Programs or any fire
company or department training required in pursuit of qualification to become a certified firefighter.”
Entity names under this Code section were last updated in 1996. The County provides LODA coverage through an insurance policy with VACORP. Active rosters for fire and rescue agencies, including career EMS staff, are annually verified and provided to VACORP for LODA coverage. LODA claims are submitted to VACORP and benefits paid under this policy are subject to approval by the State. Updating the covered entity names in the County Code provides for uniformity when cross-referenced with LODA insurance coverage rosters; ensuring EMS and fire company providers access to these benefits under the LODA statute; upon State review of any claims.
Proposed Changes ORDINAO2023;-06
Sec. 2-2. Safety Program
The county sheriff, deputy sheriffs, correctional officers, other law enforcement officers and members of the following volunteer fire departments and volunteer rescue squads are hereby recognized as an integral part of the official safety program of the county, pursuant to Section 9.1-400 et seq., of the Code of Virginia of 1950 as amended:
Roseland Rescue Squad, Inc. Incorporated.
Nelson County Rescue Squad, Incorporated
Gladstone Volunteer Fire and Rescue Service
Gladstone Volunteer Fire Department
Piney River Volunteer Firemen's Association
Nelson County Volunteer Firemen's Association (Lovington Fire)
Faber Volunteer Fire Department
Rockfish Valley Volunteer Fire Department, Inc.
Montebello Volunteer Fire Department, Inc.
Wintergreen Property Owners Volunteer Rescue Squad, Inc.
Wintergreen Volunteer Fire Department, Inc.
The animal control officers and the private police forces would not be covered because of the current state statute.
B. Amendment to the Articles of Incorporation of the Nelson County Service Authority
Consideration of Resolution R2023-55 proposed for passage to amend Section Three of the Articles of Incorporation of the Nelson County Service Authority, to provide that the powers of the Authority shall be exercised by a Board consisting of five members, one appointed by the Board of Supervisors from each of the now five election districts of Nelson County. The County since amending §12-27 of the Code of Nelson County on July 9, 2002, has been consistent in appointing Board members of the Authority, one appointed from each of the five election districts. There were no public comments offered and Resolution R2023-55 was unanimously passed.
Background:
Amendment of Section Three of the Nelson County Service Authority Articles of
Incorporation was requested by the NCSA Board on May 18, 2023 in order to be
consistent with Nelson County Code Chapter 12 Utilities, Article II County Service
Authority, Division 1, Section 12-27 Members, effective July 9, 2002. Articles of Incorporation were first amended in 1986 to provide for a Board of five (5) members, one from each of the four (4) election districts and one (1) from the Wintergreen Community. Articles of Incorporation were next amended in 2002 to provide for a Board of five (5) members, one from each of the five (5) election districts, which was never approved by the State Corporation Commission but has been followed by the Board of Supervisors in appointing NCSA Board Members. LSONCOUNTY SERVICE AUTHORITY (NCSA)CLES OF INCORPORATION
Amendment of Section Three of the Articles of Incorporation of the Nelson County Service Authority is proposed as follows – (a)-(c) NO CHANGE
(a)The powers of the Nelson County Service Authority shall be exercised by a board
consisting of five members appointed by the Nelson County Board of Supervisors. There
shall be one appointee from each election district of Nelson County. Except as
hereinafter provided, each member shall be appointed for a four-year term. Members
may be re-appointed without limitation.
(b) Each member shall serve from July 1 until four years, hence on June 30 when his term
shall expire. Any person appointed to fill a vacancy shall serve the unexpired term of the
member being replaced at the request of the Board of Supervisors. A serving member
may continue to sit beyond the expiration of his term until such time as his successor
may be appointed; however, the successor’s term shall not be extended by such delay.
(c) In order to provide for staggered terms, effect of representation for each election
district, and reconfigure terms of service, appointments in the several districts will have
the initial terms provided below. Subsequent appointments shall be for terms of four
years each.
Revised Descriptions:
South District – This seat is presently occupied by an appointee from this district. The appointee’s term shall run to June 30, 2024.
North District – This seat is presently occupied by an appointed from this district. The appointee’s term shall run to June 30, 2026.
East District – This seat is presently occupied by an appointee from this district. The appointee’s term shall run to June 30, 2026.
West District –This seat is presently occupied by an appointee from this district. The appointee’s term shall run to June 30, 2024.
Central District – This seat is presently occupied by an appointee from this district. The appointee’s term shall run to June 30, 2026.
State Law Reference: Code of Virginia §15.2-5113
In all other respects the Articles of Incorporation of the Nelson County Service Authority remain the same.
C. Special Use Permit #986 – Outdoor Entertainment Venue: The Board after the presentation from the Groves , the Board’s own questions, and the public comment, voted 4-0 to continue the vote to the September meeting and work on the language of the requested Special Use Permit.
The Special Use Permit application requestied the County approve a Special Use Permit to allow an Outdoor Entertainment Venue on property zoned A-1 Agriculture. The subject property is located at Tax Map Parcel #21-A-115 at 877 Glenthorne Loop in Nellysford. The subject .property is 12.83 acres and is owned by Stephen and Susan Groves. This property currently contains an existing barn and infrastructure that is utilized for lavender farm activities, as well as up to (twelve) 12 Social Temporary Events per year, which are both by-right uses in the A-1 Agriculture District. As interest in their wedding venue business has grown, the applicants are requesting the SUP to expand operations and increase the potential for additional events.
An outdoor entertainment venue is defined as “the non-temporary use of any land, including the erection or use of non-temporary structure(s) or the installation of non-temporary infrastructure, for the hosting and operation of Category 1 and Category 2 Events, Exempt Events, or other entertainment activities for cultural, artistic, social or recreational purposes.” At their meeting on July 26th, the Planning Commission recommended approval (4-1) of SUP #934 to the Board of Supervisors with the following qualifiers:
1. The maximum number of attendees at any event shall not exceed 150
2. Amplified music and sound shall end at 10:30 p.m.
3. There shall be no more than 150 events (of any size) per year.
The applicants presented their case. Events are defined as any event of any size (2 people to 150 people) and includes birthday parties, celebrations of life, dinner parties, etc. Mr. Barton was concerned about the number of events permitted especially since the special use permit passes to any future owner of the land. Mr. Barton was worried about how many events they already have by right and wanted to know if these 150 permitted events requested in the proposed special use permit be in addition to those events they already have by right. Jeri Lloyd
, a neighbor spoke against the expansion of their proposed Special Use based on the possible number of events. She stated that the roads aren’t conducive to the proposed number of events. She felt that 150 events are too many. She was also concerned about kitchen facilities.
OTHER BUSINESS (AS PRESENTED): None
The meeting was adjourned and continued by unanimous vote to the 23rd of August , 2023 at 2:00 pm for a master plan work session regarding the former Larkin property.