Highlights of September 12, 2023 Board of Supervisors Meeting
Supervisors Parr, Reed, Harvey, and Barton were present. Supervisor Rutherford was absent. Supervisor Parr chaired the meeting.
The meeting opened with a moment of silence and the pledge of the allegiance.
PUBLIC COMMENTS
Marta Kaine for JABA introduced the 2 new employees and JABA passed out a report regarding JABAs activities and its annual report.
Ken Stevens and Matthew Stassen spoke against the current plans for Sturt Park. Access to the land by way of Finley Gap Road (3.2 mile) is not currently possible on a regular basis because of the four streams that cross and frequently wash out the road. VDOT has not been able currently to control the water after storms or periods pf rain. The road will not permit two way traffic, there is poor cell service in the area. Anyone whose car gets stuck may not be able to call for help. Hunters in the area would pose a risk to hikers. Dr. Valerie Walker, an adjoining landowner, reported on her meeting with Jerry West from the Department of Recreation, and addressed the stipulations in the deed gifting the Sturp property to the County and requested that a 5 member committee be created consisting of a member of the board of supervisors, 2 citizen members, and 2 members of the Nature Foundation.
David McGann addressed the potholes on Route 635 adjacent to RVCC that need to be repaired and the need for a new speed bump to protect users of the facility and school children. He also raised the issue of trash blowing out of trucks and the need for an ordinance requiring netting over the trash.
William McGann worried about the County borrowing money for capital projects.
Reverend James Rose requested that the money allocated to the Gladstone Senior Citizens for meals served be increased from $2,000 to $5,000 per quarter.
CONSENT AGENDA
A. Resolution – R2023-56 Minutes for Approval: The April 3, 2023 minutes were approved.
B. Resolution – R2023-57 Budget Amendment: The following Amendment to the 2023-2024 Budget was approved.
I. Appropriation of Funds (General Fund)
Amount Revenue Account (-) Expenditure Account (+)
$265,000.00 3-100-003303-0046 4-100-031020-7035
$ 2,060.17 3-100-009999-0001 4-100-031020-1003
$ 7,500.00 3-100-002404-0041 4-100-081050-5895
$ 9,518.00 3-100-009999-0001 4-100-091050-7020
$ 3,000.00 3-100-009999-0001 4-100-091050-7025
$287,078.17
II. Transfer of Funds (General Fund Non-Recurring Contingency)
Amount Credit Account (-) Debit Account (+)
$ 10,210.39 4-100-999000-9905 4-100-022010-1003
$ 7,500.00 4-100-999000-9905 4-100-081050-5895
$ 5,500.00 4-100-999000-9905 4-100-091030-5641
$ 12,300.00 4-100-999000-9905 4-100-091030-5645
$ 35,510.39
IV. PRESENTATIONS
TJPDC 2024 Draft Legislative Agenda – David Blount reported that there is a budget on the governor’s desk for 2023-2024. There are going to be some small tax rebates. Slight increase in standard deduction for 2023. Education was one of the big winners with some flexible funds coming back to counties. There is money for water quality, mental health, and sight acquisition. Awaiting governor’s proposed 2025-26 budget. $200,000 was appropriated for the Nelson Heritage Center.
The legislative priorities that TJPDC are the following for 2025-26 are:
PUBLIC EDUCATION FUNDING: We urge the State to fully fund its share of the realistic costs of the Standards of Quality (SOQ) without making policy changes that reduce funding or shift funding responsibility to localities. Localities need an adequately-defined SOQ that closes the gap between what school divisions are providing and what the State currently funds in the SOQ. We support adequate pipeline programs for teachers, especially in critical shortage areas. Localities and school divisions should have flexibility in the use of state funds provided for school employee compensation. We support funding and policies for hiring school bus drivers and mental health professionals.
BUDGETS AND FUNDING: We urge the governor and legislature to enhance state aid to localities and public schools, to not impose mandates on or shift costs to localities, and to enhance local revenue options. Adequate state investment for local service delivery is crucial.
We oppose unfunded state and federal mandates and the cost shifting that occurs when the State
or the federal government fails to fund requirements or reduces or eliminates funding for programs. We support additional and strengthened revenue options for localities in order to diversify the local revenue stream; the state should not restrict local revenue sources or confiscate or redirect local general fund dollars to the state treasury. Any tax reform efforts should examine financing and delivery of state services at the local level and how revenue is generated relative to our economic competitiveness.
BROADBAND :We urge and support state and federal efforts and financial incentives that assist localities and their communities in deploying universal, affordable access to broadband technology in unserved areas. We support additional dollars for localities and the private sector to help extend service to areas unserved by any broadband provider. Cooperative efforts among private broadband, internet and wireless companies, and electric cooperatives to ensure access to service at an affordable cost are key to success. We support state and federal efforts to address concerns such as easement usage associated with broadband deployment and to maintain local land use and permitting authorities.
Added to these priorities would be the county’s request that police officers not participating in the general line of duty benefits available under the state system would be awarded for private officers.
A. VDOT Report
Southbound lane of 29 received high friction paving to prevent hydroplaning/skidding in three locations in Nelson and Amherst. Repairs on 56 have been made. VDOT has fixed Route 6 ditches going up the mountain. Mowing has been going on primary and secondary roads. Still outstanding are intersection of 29 and Sandridge (by Animal Shelter), Dutch Creek. Sidewalks in Lovingston have been weeded and looking for additional funding for concrete work. Finley Gap is still a problem as to streams and road condition. VDOT has been working on the road.
NEW & UNFINISHED BUSINESS
Change in November Regular BOS Meeting Date (R2023-58): The meeting for November 14, 2023 is moved to November 16, 2023 so that the some of the members of the Board attendance could attend the annual conference of the Virginia Association of Counties through November 14, 2023.
Gladstone Depot TAP Resolution of Support (R2023-59): Because of a change in how grant money can be obtained for the project, the previous application on the subject was rejected because the depot would be moved on the property and said it probably would not remain an historic building if it were moved (200 feet on the Gladstone Rail Yard). Friends of Gladstone are rethinking the project given the new federal parameters regarding the grant. VDOT has not responded to the requests for clarification. Friends of Nelson suggested that the Board hold off action until the September 28, 2023 meeting. The Board unanimously agreed to delay action until the September 28, 2023 meeting.
Lovingston TAP Resolution of Support (R2023-60): the Board voted unanimously to request the Commonwealth Transportation Board to establish a project for the Front Street Sidewalk Improvement Project. This would allow for widening of sidewalk, re-pour ramps, and moves poles to increase free access. The Board unanimously agreed to delay action until the September 28, 2023 meeting when Supervisor Rutherford could attend.
Nelson County Drug Court Funding Request: The Board voted unanimously to pay from the County’s $48,000 Opioid Abatement Fund the sum of $1,000 to purchase $10-$15 gift cards for active participants in the Drug Court project.
Nelson FFA Alumni Chapter Funding Request: The Board unanimously voted to give $4,000 for 8 students to participate in two FAA competitions. The total cost of participation is $8,000. The School Board usually contributes and a Blue Grass fundraiser is coming up.
Authorization for Public Hearing to Correct FY24 Budget Adoption and Appropriation Resolutions (R2023-61): a clerical error in a previous general fund total that does not change any individual appropriation previously passed. $2.1 VPA fund should have been reflected in general fund total to which it would have been transferred (transfer item). The Board unanimously approved a public hearing to occur to occur on October 10, 2023 to make the correction.
Authorization for PH on FY24 Budget Amendment for School Construction Funds (R2023-62): the Board unanimously approved holding a public hearing on Tuesday, October 10, 2023 at 7:00 PM in the General District Courtroom of the Courthouse in Lovingston, Virginia. The purpose of the public hearing is to receive public input on a proposed FY2023-2024 Budget Amendment that provides for a supplemental appropriation for the School Construction Assistance (SCAP) grant that was awarded on May 11, 2023 in the amount of $2,451,703.
Special Use Permit #986 – Outdoor Entertainment Venue (Deferred from August Meeting): The Board unanimously approved the requested Special Use Permit with the following modification: ”Events with fewer than 75 attendees will not be limited. Events with between 76-125 attendees will be limited to 75 per year. Events between 126-150 attendees will be limited to 25 events per year. Category 1 and 2 Events shall receive individual Temporary Event Permits. Exempt events will be unaffected by this condition.”
REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE
Reports
County Administrator’s Report
Comprehensive Plan: The project website is www.Nelson2042.com. A Public Open House on the latest full draft plan was held on August 29th from 6:30pm – 9pm at the Nelson Center in Lovingston. The County is still gathering public feedback on this draft to be considered at a joint meeting of the Board of Supervisors and Planning Commission on September 28th at 6:30 pm. Comments may be left by completing a form on the nelson2042.com homepage or on the idea wall or by contacting County staff and Supervisors.
Virginia Outdoors Foundation PTF Grant – Sturt Park: Jerry West met with resident citizens in the vicinity of the Sturt property who expressed some concerns regarding public utilization of the property. Main themes of their concerns were: seclusion of the property and park security, timely EMS response to the property, hunting around the property, increased traffic, property management, cost/benefit to Norwood/Wingina citizens and the County of developing the property into a public nature preserve/park. These concerns should be taken into consideration and addressed to the extent possible in the ongoing planning process.
Piney River Solar, LLC Special Exception 2023-369 – Amherst County: On August 17th, Amherst County held 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 which is adjacent to the Piney River trail and it was referred back to their Planning Commission for consideration in September.
FY24 State Budget: The General Assembly passed a budget agreement on September 6th with local impacts still to be determined. Of particular note is the State’s intent to provide a 2% salary increase for K-12 education - SOQ recognized positions beginning January 1, 2024. Additionally, state supported local employees will receive an increase of 2% in their base salary effective December 1, 2023 and certain Constitutional Officers will see an unspecified increase in compensation. We will need to see the specific budget language in order to evaluate the County’s obligation in providing for these increases. Of local interest is an allocation of $200,000 for the Nelson Heritage Center and I have inquired as to the inclusion or not of the State’s provision of 25% funding for the Regional Jail Authority’s renovation project, which is currently unknown.
Opioid Abatement Authority Grants: In August, the County was notified that the Cooperative Partnership Grants submitted by Albemarle County (Acting Fiscal Agent) on behalf of them, Nelson, Louisa, Greene, Fluvanna, and the City of Charlottesville in partnership with Region Ten CSB were approved: $834,974 for CITAC expansion and addition of 23-hour crises response and $448,500 for Blue Ridge Center Community Response and addition of Community Drop In. There is no local match for these grants and Albemarle County will be responsible for grant acceptance and management for the performance period of July 1, 2023 to June 30, 2024.
Route 151 Corridor Study Update: VDOT and their consultant is still working on updating the study which will include the dissemination of a public survey and an in-person meeting to be scheduled for mid to late October with recommendations and cost estimates to be finalized by the end of November and subsequent VDOT presentation to the Board of Supervisors. This schedule flows well with that of the Comprehensive Plan; allowing for its consideration and inclusion in the final draft to be presented for public hearings in winter 2023.
FEMA Flood Insurance Rate Maps and Flood Insurance Study: FEMA has issued preliminary copies of these for Nelson County and they have been circulated to the Board and other community stakeholders for review and comment. This period provides an opportunity for reviewers to identify changes or corrections to non-technical information contained therein, such as road names, stream names etc. A link to the digital copies is available through the FEMA map service center at https://hazards.fema.gov/femaportal/prelimdownload/ and will be added to the County’s website. Adoption of these maps is a multiyear process that includes public engagement, public notification, a 90-day appeal period, issuance by FEMA of a Letter of Determination, and six-month period to adopt or amend its floodplain ordinance to reference the date and title of the new FIRM and FIS report. More detailed information on the process will be provided in the coming months.
DSS Building/Calohill Site: (No Change) 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.
Board Reports
Supervisor Barton reported that the Regional Jail is awaiting funding and that there were two recent deaths at the jail.
Supervisor Reed reported that TJPDC draft strategic plan is available. He felt it looked good. Regarding issues of some citizens about the value of TJPDC, he feels it is really useful to learn from the other counties and it is a place for citizens to check their facts. Mr. Reed reported other counties are reporting that citizens are showing up at meetings angry because of misinformation they have received. The Charlottesville Board of Supervisors is reviewing new regulations are Airbnb. The issue has been volatile for them Mr. Reed had to miss the first Rural Needs Assessment Committee meeting because it was scheduled at the same time as the board meeting. He has been assured that the meetings will not be scheduled at the same time as Board of Supervisor meetings in the future.
David Parr reported on the EMS Counsel meeting. Knox Box program to allow first responders access to homes, businesses and government buildings in the event of an emergency, The cost to emergency vehicles is approximately $12,000. The cost to businesses is approximately $1,000 (one time) and the cost for residences is $100 to $200 (one time).
Rockfish Fire and Rescue did not qualify for the 50% grant that had applied for to purchase an ambulance and inquired if the county would be willing to put up 50% of the purchase price if Rockfish came up with the other 50% was the subject of the grant proposal. Candace McGarry said no formal request has been received for the money yet.
Mr. Parr was also approached about whether the Board would increase first responder personal property tax exemption above $5,000 (set in 73 for personal vehicles. These issues may be reserved to further meetings.
B. Appointments: None
C. Correspondence: None
D. Directives: The Board voted 3-1 to grant the Gladstone Senior Center $5,000 per quarter for food and food preparation. Mr. Harvey was the dissenting vote.
The meeting adjourned and was continued to the evening session at 7:00 pm.
SESSION AT 7PM
Present Supervisors David Parr, Ernie Reed and Tommy Harvey. Absent were Supervisors Barton and Rutherford.
PUBLIC COMMENTS: Sheriff David Hill: thanked the Board for the increase in the salaries. There were no other public comments.
PUBLIC HEARINGS
Special Use Permit #998 – Vacation House *DEFERRED BY APPLICANT TO OCTOBER Consideration of a Special Use Permit application requesting County approval to allow a Vacation House on property zoned R-1 Residential. The subject property is located at Tax Map Parcel #21-7-2A at 2617 Rockfish Valley Hwy in Nellysford. The subject property is 1.027 acres and is owned by Gretchen Rush and Glenda MacNeil.
Special Use Permit #1005 – Campground Consideration of a Special Use Permit application requesting County approval to allow a Campground (one site) on property zoned A-1 Agriculture. The subject property is located at Tax Map Parcel #86-A-36B at 2601 Falling Rock Dr. in Arrington. The subject property is 2 acres and is owned by Lucas & Caitlin Hoge. This property contains an existing single-family dwelling that is utilized as a by-right vacation house, or short-term rental. The narrative provided by the applicants indicates that hey own a camper that they are requesting to utilize as a short-term rental while their family lives in the existing dwelling. At their meeting on August 23, 2023 the Planning Commission voted (6-0) to recommend approval of SUP #1005 with the following conditions:
There shall be no more than one site, and the unit shall be provided by the property
owner.
The location of the site shall meet property setbacks.
Troy Nicks spoke regarding the proposed one site campground who is a neighbor to the property and supported the request. Jerrie Boyd raised questions regarding the size and fittings of the camper and the source of the utilities and said she did not know the answers and opposes granting the permit. Phil Purvis spoke regarding his concerns about renting campers for weekends and is this a precedent we want. The owner said it’s a 42 foot camper with one bedroom and will remain mobile in that he uses it periodically on the road. It does not have skirting.
Mr. Harvey took issue with using the “campground” designation as the vehicle to obtain a special use permit on these facts.
The board unanimously agreed to defer the decision to the October meeting to permit the Supervisors Rutherford and Barton to participate.
School Zone Photo Speed Enforcement
Sheriff David Hill spoke in favor of school zone photo speed enforcement and cited the studies showing that speeding is reduced where the program has been used.
Consideration of a photo speed enforcement program to help reduce speeding through the school zones located within Nelson County. This proposal was previously presented to the Board and reported on in the summary of the July meeting and that summary is set out verbatim here.
“Blue Line Solutions LLC gave a presentation of their Automated School Zone enforcement program. Per their report, Blue Line Solutions LLC represents that their program i) utilizes Single Beam per-lane LIDAR system which combines automated photo speed enforcement, Automated License Plate Recognition (ALPR), and investigative and predictive analytic tools into one complete program. The TrueBlue™ (TB) Light Detection and Ranging (LIDAR) system utilizes a proprietary true time-of-flight pulsed laser technology, dedicated per lane to ensure accurate measurement of speed. The system calculates hundreds of measurement points per second as the vehicle travels through the beam. This provides a more accurate speed calculation and ensures that only one vehicle is captured at a time. Single beam LIDAR is the same technology used by law enforcement officers for decades in handheld LIDAR devices and upheld by VA courts, providing police agencies with more defendable citations, as many Judges and Magistrates understand the principles of LIDAR, its capabilities, and dependability. Because the TrueBlue™ LIDAR uses a single-beam laser to calculate speed, it identifies the exact point at which the laser contacted the vehicle, allowing a definitive determination of which vehicle was captured and its speed. The reticle is indisputable evidence that can be used in court for the certainty of identification. This technology is available only with the TrueBlue™ LIDAR system. The TrueBlue™ system is the only program that includes Automated License Plate Recognition (ALPR) cameras at a 1:1 ratio of automated school zone speed enforcement cameras at no cost as a part of an integrated program. Since VA law requires that automated speed enforcement camera video/photos only be used for that purpose, BLS (Blue Line Solutions) has designed a separate proprietary ALPR system that exceeds VA code standards.
Blue Line Solutions, LLC (BLS) reported that they conducted speed studies at Nelson County Middle & High School on Thomas Nelson Hwy during the periods and times listed below.
“This report was completed given the speed and time limit parameters of:
Regular Speed Limit: 60 MPH School Zone Speed Limit: 35 MPH
Dates of Study:
Tuesday 9/27/2022 : (7:30 AM - 8:30 AM), (8:30 AM - 3:15 PM), (3:15 PM - 4:00 PM)
Wednesday 9/28/2022 : (7:30 AM - 8:30 AM), (8:30 AM - 3:15 PM), (3:15 PM - 4:00 PM)
Thursday 9/29/2022 : (7:30 AM - 8:30 AM), (8:30 AM - 3:15 PM), (3:15 PM - 4:00 PM)
Friday 9/30/2022 : (7:30 AM - 8:30 AM), (8:30 AM - 3:15 PM), (3:15 PM - 4:00 PM)
Monday 10/3/2022 : (7:30 AM - 8:30 AM), (8:30 AM - 3:15 PM), (3:15 PM - 4:00 PM)”
Blue Line Solutions, LLC reported that 45,282 vehicles were recorded by the system over the 5 day period and of those vehicles, 5,314 speeding violations occurred in the school zones.
Speeding. Note: Speeding is defined as any recorded speed more than 10MPH over the designated speed limit. During the same dates and hours, i) 23,367 vehicles were recorded in the Rockfish River Elementary school zone and 2,241 of those vehicles were speeding., and ii) 48,351 vehicles were recorded in the Tye River Elementary school zone and 4,203 of those vehicles were speeding., The perpetrators, if Nelson County adopts the states enabling program could charge a $100 civil fine for each violation that if disputed could be challenged in court. The cost of the system if implemented, is $25 for each citation issued that does not survive a challenge if any”.
The first speaker was Robert Gubisch who reiterated his statements from the August meeting 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 referred this proposal as legalized larceny. (In the July presentation, “speeding” is defined as any recorded speed more than 10MPH over the designated speed limit.”) Paul Davis spoke generally in favor of the proposal but wanted to address the cost of the program to the county and what happens to the collected data. Edith Napier felt the information available was insufficient to make a decision and felt that the plan was a money making proposition. She said talk to the citizens and the county supervisors in the counties that have used it. Jerri Boyd spoke against it as she thought it was ludicrous and a money making proposition for an out of state company. She felt that the school children were not at risk based on the location of the school entrances. Susan McSwain spoke in favor of the program. She felt the program was a no brainer. It will improve school safety, and it will make deputies available for other functions. Dave McGann spoke in favor of the program. His wife is a bus driver and his observations people on 151 ignore the school zones. He said don’t wait for an accident or a child to be killed. He saw no downside to the program. Brenda Harris asked how much it costs. They answered it is no cost to the county. Candy McGarry later clarified that the county would have to pay a prorated cost of the equipment if the contract is s terminated early.
The Board had questions:
How dependable is the equipment?
Answer: All of radars etc. are approved , conforming products approved by state, calibrated at least annually, runs internal checks every 35 minutes, and checked with district courts every six months.
How long is the contract?
Answer: Minimum two years. Company upgrades flashing light systems to conform to VDOT regulations.
What is the cost to the county?
Answer: There are no costs to county.
What happens to the data?
Answer: It has to be purged if no violation captured every 60 days per Virginia Code. Information can only be used for speeding violations. Every Jan 15 information of violations must be given to Virginia State Police
Questions for David Hill; Why not have the sheriff’s office who do this?
Sheriff Hill stated the Sheriff’s office lacks the expertise.
Why not set this program up on all of Route 151?
The program is only authorized by state statue for school zones.
What information would county receive from company at the end of the contract period to help county decide whether to re-up?
The sheriff’s office would receive reports of how many violations recorded and what the changes in driving behavior are reflected.
How long does it take to take the program up and running after approval?
Minimum of six months. Would be next school year.
Mr. Reed stated that the program would help people living along 151 if anything helped slow traffic down. He favors the program but thinks the full board should be present to vote. Mr. Parr voiced his support for the program and agreed the full Board should be present.
The board agreed to defer the decision to an unspecified date. to permit the Supervisors Rutherford and Barton to participate.
The meeting was adjourned and continued by unanimous decision to SEPTEMBER 28, 2023 AT 6:30 P.M. FOR A JOINT WORKSESSION WITH THE PLANNING COMMISSION.