THE NELSON COUNTY BOARD OF SUPERVISORS MEETING

                   Present: Supervisors Parr, Reed, Rutherford, Harvey, and  Ligon.

l. REGULAR MEETING CONVENED AT 2:00 PM.

            There was a Moment of Silence followed by the Pledge of Allegiance.

II. PUBLIC COMMENTS: Robert Gubisch opined that vaccines are the biggest medical fraud in history,  and an example of the state overstepping its authority.

            Anjana Gigi Radhakrishnan presented herself as looking for an opportunity in Nelson County help provide the county with a trained reliable by investing a work force data base that would list people in the county by skill sets and work experience. She would also like to train people in soft skill sets such as time management.

            Elwood Waterfield spoke about corruption in the county and requested that the board of supervisors make the county a “Bill of Rights Sanctuary” and reiterated as stated at previous meetings that his land had been stolen.

            Tish Blackwell: appeared on behalf of JABA to thank the county for its support and collaboration. She reported that 32% of the county citizens are over age 65 and 10% are living in poverty. They served 766 individuals in 2023 including programs and meals. She introduced LaRhonda Gray who is new manager of the Nelson Community Center and Lizzie Lewis as new employees. Ms. Lewis is the food and exercise guru promoting and helping clients  develop a healthy lifestyle.

III. CONSENT AGENDA

A. Resolution – R2024-06 Minutes for Approval:  The minutes of said Board meetings conducted on June 29, 2023, August 2, 2023, August 8, 2023, August 23, 2023, September 12, 2023, and September 28, 2023 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.

B. Resolution – R2024-07 Budget Amendment: The Board unanimously approved $446,129.00 in Total Employee Benefits & Departmental Transfers.

IV. PRESENTATIONS

A. VDOT Report: Dan Brown reported that the raw data from the Route 151 traffic report requested by the board is complete and the report should be available in the next few weeks. VDOT is working on the pedestrian study on Route 29 just north of the traffic light. Route 674 James Creek Road is closed due to pipe that failed. The pipe is being  and should be installed in the next few weeks. “Blue Maxing” (cutting of undergrowth) is occurring on Routes 151 and 29. VDOT is planning to do litter pick up commencing around April 1, 2024. VDOT plans to send a representative at Career Day at the High School.

 B. Comprehensive Safety Action Plan Goals – TJPDC (R2024-08)

            The TJPDC is asking local governments to commit to a letter of resolution re-affirming their jurisdiction’s commitment to actively participate in the planning process with the aim of reducing and eliminating deaths and serious injuries on the roadway network. This letter of commitment will serve to satisfy SS4A requirements for leadership commitment to the plan and the goals on the SS4A program. This is a federal grant with a 20 percent local match requirement. Nelson County has committed and paid its $21,389.00 share toward the 20 percent local match requirement for the SS4A grant program. The Board voted unanimously to adopt the following requested resolution.

 “RESOLUTION OF COMMITMENT TO ROADWAY SAFETY GOALS

WHEREAS, 173 people were killed or seriously injured in crashes that took place in Nelson County from 2018 to 2022* and have lasting impacts on victims, loved ones, and communities at large; and

WHEREAS, achieving the goal of providing a safe and secure transportation system in Nelson County will require collaboration among Nelson residents and other jurisdictions, as well as regional, state, and federal organizations; and

WHEREAS, the Bipartisan Infrastructure Law established the Safe Streets and Roads for All (SS4A) discretionary program and funds regional, local, and Tribal initiatives through grants to prevent roadway fatalities and serious injuries; and

WHEREAS, Move Safely Blue Ridge—the safety action plan for the Thomas Jefferson Planning District

Commission (TJPDC) —will identify and prioritize roadway safety improvements in the region; and

WHEREAS, the federal grant received by the TJPDC requires that this safety action plan contain an official public commitment to an ambitious percentage reduction of roadway fatalities and serious injuries by a specific date with an eventual goal of eliminating roadway fatalities and serious injuries; and

WHEREAS, Nelson County is committed to the Virginia Strategic Highway Safety Plan (SHSP)’s vision of zero deaths and serious injuries and its goal to reduce roadway fatalities and serious injuries by half by 2045;

NOW, THEREFORE, BE IT RESOLVED, by the Nelson County Board of Supervisors that the County supports Move Safely Blue Ridge, will actively participate in the planning process, and will prioritize implementation of the recommended safety countermeasures, all with the eventual goal of zero roadway fatalities and serious injuries.

RESOLVED, that Nelson County commits to undertake efforts to one day eliminate roadway fatalities and serious injuries; and

RESOLVED, that Nelson County commits to undertake efforts to reduce the combined number of roadway fatalities and serious injuries in the County by 50 percent by 2045.”

C. Nelson County Department of Social Services 2023 Annual Financial Statement: The annual budget from the Department of Social Service was presented. Apologies for the reduced size but it was necessary to fit it into the summary.

V. NEW & UNFINISHED BUSINESS

A. Project Financing for County and School Projects

1. Reimbursement Resolution for County Project (R2024-09)

2. Reimbursement Resolution for School Renovation Project (R2024-10)

Davenport and Company submitted a letter to the Board of supervisors containing the following:

“Financing for County and School Projects – Davenport & Company (Roland Kooch and Ben Wilson) County DSS Office Building and Schools High School Renovation

The County and Schools are both at the point where we will start to incur significant Architectural and Engineering (AE) costs associated with the schematic designs for these projects - $1.1 M for County and around $2 M for Schools. The financing strategy is being presented by Davenport to both Boards at their February meetings (2/8 NCSB and 2/13 BOS), which is to secure temporary financing by a Bond Anticipation Note (BAN) for both entitiest hrough a Request for Proposals (RFP) process. The temporary financing is proposed to occur sometime in March/April and would cover the AE costs of the projects until such time as final construction costs are known for a permanent financing. This is the same strategy being utilized for the Regional Jail renovation project. Construction costs are expected to be known around the end of the 2024 calendar year for the DSS building and early in the 2025 calendar year for schools. Davenport will also present conceptual options to be considered for the permanent financings to cover AE fees and project construction. Paul Jacobson of Sands Anderson, theCounty’s Bond Counsel, is proposing the County adopt reimbursement resolutions, one for each project in an amount just slightly over the anticipated project costs to cover the interim and future long-term financing. He advised that “Adoption of a reimbursement resolution by the Board of Supervisors is not a commitment to borrow money and is not a commitment to borrow any certain amount. The purpose of a reimbursement resolution is to comply with federal tax regulations to allow reimbursement of certain expenses paid “up front” before the issuance of debt from the proceeds of that debt once the debt is issued.”

This financing process does involve the Economic Development Authority (EDA) serving as the conduit for the financing in the same way as in the Larkin property purchase. Briefing of the EDA regarding these financing plans will take place on February 26th.

1. Reimbursement Resolution for County Project (DSS Building) R2024-09

2. Reimbursement Resolution for Schools Project (HS Renovation) R2024-10

Recommended Action:

(1) If amenable to the plan of finance presented, vote by motion and second to proceed with issuance of an RFP for interim financing in the form of a Bond Anticipation Note; for AE fees associated with the High School renovation and Department of Social Services building projects as presented; and

(2) Adopt proposed Resolutions R2024-09 and R2024-10 as presented; providing for reimbursement of AE fee expenditures incurred in the previous 60 days as part of the anticipated Bond Anticipation Note financing.”

            At the Board meeting, Davenport discussed financing options and proposed a short term bank loan to cover expenses for the DSS facilities and the high school renovations until  25-30 financing is obtained.  A short term lease revenue bond in the amount of 3-4 million dollars through the Economic Development Authority may be available with the school building acting as collateral for the loan.  Davenport hopes to have the name of a finance company with available terms by Aril 22, 2024. $35,000,000 total long term funding is needed for the high school and the DSS facility. VRA Pooled Financing Program makes loans in May, August, and November. It does not fund school projects and requires collateral. VPSA  only funds school projects and does not require collateral. The loans are made twice a year. Another option for long term funding is a County Public issuance. . That can be done at any time of year but the cost of document preparation is more expensive that the other options.  No collateral is anticipated to be necessary for the bonds and the county is expected to qualify for an AA rating with SMP.

            The Board voted unanimously to issue a Request for a Proposal for Interim  financing.

B. CHA Proposal for Evaluation of Lovingston Water and Wastewater System: 

            CHA Proposal for Evaluation of Lovingston Water and Wastewater System – Stephen Steele CHA): Previously, via Resolution R2023-54 (see packet), the Board authorized the County, in partnership with the Service Authority, to proceed with contracting an engineering firm to evaluate the Lovingston water and wastewater systems. CHA is the contracted engineering firm through the Service Authority’s term contract, and they will present their proposal for this work. In summary, they recommend a Phase I evaluation that takes stock of the current water and wastewater system capacities and current demands, then applies estimated future demand as it relates to the Larkin Property and other known developments in the Lovingston system service area; extrapolating the anticipated demand in 5 year increments for a 30 year planning period and comparing that to existing capacity up to the 80% threshold that would require system capacity expansions. Depending on if/when exceedance of either or both of the 80% thresholds is anticipated in their analysis, they would then recommend proceeding with a Phase II analysis that would evaluate the feasibility of all possible measures to increase those capacities and the necessary timing – including the feasibility of a Larkin Property water impoundment and treatment plant. This approach makes sense and is cost-effective in that we are not potentially paying for a costlier in depth analysis of capacity increasing measures without first knowing if/when these may be needed. The cost of the Phase I proposal is a not to exceed amount of $25,000 and is expected to be completed within 60 days of receipt of required data from the County and Service Authority.

Recommended Action: If amenable to the proposal, vote by motion and second to proceed with the Phase I proposal as presented with funding of not to exceed $25,000 to be provided to the Service Authority from the Non-Recurring Contingency budget line.

Subsequent Action: If approved, transfer of these funds from Non-Recurring Contingency to an appropriate expenditure line of the budget would be included in the March FY24 Budget

Amendment Resolution.

            The Board unanimously adopted the CNA proposal  the Wastewater Study as described, work to be billed hourly at a cost not to exceed to $25,000.  It was noted that both the County and the Service Authority will need to be signatories to the contract.

 C. Faber Volunteer Fire Department 80/20 Program Truck Order Request (R2024-11)

            Faber Volunteer Fire Department 80/20 Program Truck Order Request (R2024-11) - Jeff

Fletcher (Faber Vol. Fire Dept.) Faber Volunteer Fire Department is requesting funding for a new equipped tanker under the County’s 80/20 program for fire and EMS vehicles. The request was endorsed by the Emergency Services Council as noted in the provided letter from the Council President. Three quotes were solicited; with only 2 responding, and Fesco Emergency Sales being the lowest proposal at $414,438, is the preferred vendor. Delivery of the tanker is estimated to be 400-565 calendar days from order, with payment due upon delivery. Due to the lengthy delivery time, the Department is seeking the Board’s authorization to place the order and have staff include a funding request of $331,551 (80% of cost) in the FY25 proposed budget being developed. Funding approval would not be final until adoption of the FY25 budget with this funding included.

Recommended Action: If amenable to the request, consider adoption of Resolution R2024-11authorizing Faber Volunteer Fire Department to place the order with Fesco Emergency Sales for the requested equipped tanker and directing staff to include a funding request of $331,551 in the FY25 proposed budget; with the understanding that final funding approval is pending adoption of the FY25 budget including these funds.

 The board unanimously passed R2024-11 providing that the Faber Volunteer Fire Department is authorized to place an order for an equipped Anchor-Richey Tanker with Fesco Emergency Sales. Staff is hereby directed to include a funding request of $331,511 (80% of the truck cost) in the FY25 proposed budget; with the understanding that final funding approval is pending adoption of the FY25 budget including these funds.

 D. Lovingston Revitalization (Branding):

            Lovingston Revitalization (Branding) – Maureen Kelley

The Board of Supervisors previously provided funding for a Brand Compass analysis for Lovingston; completed through the Central Virginia Small Business Development Center and contracted consultants, the spill teem, along with Lovingston stakeholders. The results of this work will be presented by Maureen Kelley and includes two branding options for the Board to consider, for use in the cohesive marketing of Lovingston going forward.

Recommended Action: If amenable to the branding concepts, choose one of the presented options for implementation.  The “brand below was unanimously approved by the Board of Supervisors.

 E. Fourth of July Event Proposal and Funding Request:

            Fourth of July Event Proposal and Funding Requests – Kenneth Venter (Event Promoter),

Maureen Kelley, Jerry West, and Jade Bunner (LVFD) County staff have been working with event promoter Mr. Kenneth Venter on a three-day family oriented, agri-centric event proposal called Stars ’n SPURS @ Oak Ridge that would take place July 4-6 2024 at Oak Ridge in Arrington. There would be scheduled events throughout each day as well as continuous activities (see packet). A music concert and free fire-works display coordinated by the Lovingston Volunteer Fire Department (pending funding approval) would be held on Thursday, the 4th , a Monster Truck show on Friday, the 5th , and a professional Rodeo on Saturday the 6th. This event is being planned as a Category 2 Temporary Event, for which admission is charged and goods sold for an anticipated 5,000-7,000 people (500 – 9,999 attendees allowed- see County Code Article 24). Category 2 Temporary Events do not require Board of Supervisors approval but must comply with Article 24 of County Code. Funding requests for this event include: $10,000 in County Event sponsorship and a not to exceed amount of $11,000 to be donated to the Lovingston Volunteer Fire Department for the free fireworks display.

Recommended Action: If amenable to the funding requests, vote by motion and second to approve the event funding requests as presented ($10,000 for the event sponsorship and up to $11,000 for fireworks) using available Non-Recurring Contingency funds.

Subsequent Action: If approved, transfer of these funds from Non-Recurring Contingency to an appropriate expenditure line of the budget would be included in the March FY24 Budget

Amendment Resolution.

            The Board voted to approve the $11,000 for fireworks to take place at Oak Ridge  By a vote of 4-1 (Supervisor Reed voting no) which will be free to the public and remaining described portions of the $10,000 towards the event upon proof submitted to the County administrator’s office to be reviewed by the staff that all portions of the proposal have been contracted for. Mr. Reed is uncomfortable tying a private-for-profit 4th of July event to the free firework display provided by the county to the community every year and helping to finance a private-for-profit event which will charge admission.

 F. Sheriff’s Department Vehicle Funding Request (R2024-12)

Sheriff’s Department Vehicle Funding Request (R2024-12) – Sheriff Mark Embrey, Candy

McGarry:

Sheriff Embrey wishes to retain both K-9 Officers “Bane” and “Xombie”; however, the County has only one K-9 equipped vehicle which has transmission and engine issues. Amherst County has 2 fully equipped 2023 low mileage (9,000 mi and 23,000 mi) K-9 equipped vehicles that they would sell the County for $60,000 and $55,000 immediately and the current K-9 vehicle would be retained as a spare. Sheriff Embrey is also requesting an equipped patrol car at an estimated cost of not to exceed $45,000. Sheriff Embrey is able to purchase the higher mileage K-9 vehicle using $55,000 of FY24 Sheriff’s Department budgeted Asset Forfeiture funds; leaving a balance of $47,812 as of 2/6/24 (This purchase does not required Board approval).

The vehicles are proposed to be funded as follows and require additional local funding from the sale of salvage vehicles of $30,864 and budgeted Non-Recurring Contingency of $30,990:

Vehicle Costs:

 $55,000 K-9 Unit (23,000 miles)

$60,000 K-9 Unit (9,000 miles)

$45,000 Patrol Unit

Total: $160,000

 Proposed Vehicle Funding: $55,000 Budgeted FY24 Sheriff’s Dept. Asset Forfeiture Funds

$43,146 Balance of FY24 Budgeted Sheriff’s Vehicle Funding

$30,864 Appropriated from FY24 Salvage Vehicle Sales

$30,990 Transferred from Non-Recurring Contingency

Total: $160,000

 Staff has prepared Resolution R2024-12 Amendment of FY24 Budget which would provide immediate funding availability for the proposed vehicle purchases. $55,000 for 1 K-9 Unit will be charged directly to the FY24 budgeted Sheriff’s Department Asset forfeiture expenditure line and does not require Board approval.

Recommended Action:

(1) If amenable to the request, vote by motion and second to approve the Sheriff’s funding request for vehicles as presented; and

(2) Adopt Resolution R2024-12 Amendment of Fiscal Year 2023-2024 Budget to provide immediate funding. R2024-12 amends the FY24 budget to appropriate unbudgeted funds of $30,864 in salvage vehicle sale revenue to the Sheriff’s Vehicle funding account line of the budget and transfer of $30,990 in Non-Recurring Contingency funds to the Sheriff’s Vehicle funding account line of the budget; providing total additional funds in the Sheriff’s Vehicle funding account line of $61,854 and providing a new total balance available of $105,000.

            Sheriff Embrey was asked by Supervisor Reed if the Sheriff’s office had enough cash on hand in the forfeiture fund to cover the $30,990  requested to be paid by the County from the Non-Recurring contingency fund but he was trying to hold money back for future needs as more vehicles were going to be needed in the near future. “Chase” enabled vehicles need to be replaced after 100,000 to 120,000 miles. The General Fund Appropriation of $30,864 reflects a request of (1) $30,864 in unbudgeted revenues from the sale of salvage vehicles be appropriated to fund unbudgeted expenditures in the Sheriff’s Vehicles and Equipment line of the Capital Outlay budget; for the purchase of Sheriff’s Department vehicles and equipment as requested by Sheriff Embrey. Transfers from General Fund Non-Recurring Contingency in the amount of $39,990 is requested to be moved from the budgeted Non-Recurring Contingency expenditure line to the Sheriff’s Vehicles and Equipment line in the Capital Outlay budget; for the purchase of unbudgeted Sheriff’s Department vehicles and equipment as requested by Sheriff Embrey. The General Fund Appropriation of $30,864 reflects a request of $30,864 in unbudgeted revenues from the sale of salvage vehicles be appropriated to fund unbudgeted expenditures in the Sheriff’s Vehicles and Equipment line of the Capital

Outlay budget; for the purchase of Sheriff’s Department vehicles and equipment as

requested by Sheriff Embrey.

The board voted 4-1 to approve that $30,864 be transferred from the General Fund  and to the use of $30,990 from the Non-Recurring Contingency Fund as set forth in R2024-12 to complete the purchase of the list vehicle. Supervisor Reed voted no, thinking that the $30,990 should be taken from the forfeiture fund. 

VI. REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE

A. Reports

1. County Administrator’s Report for February 13, 2024 Board Meeting:

A. Comprehensive Plan: The project website is www.Nelson2042.com. The Planning Commission held its public hearing on January 31st and now they will review comments and make a recommendation on the Plan to the Board of Supervisors at their regular meeting on February 28th. The Board of Supervisors will then review the Planning Commission’s recommendation at their regular meeting on March 12th, prior to their public hearing on March 20th. Final adoption of the Plan is not scheduled until at least the Board’s regular meeting on April 9, 2024.

B. DSS Building: The work group met with PMA staff on January 16th and participated in exercises geared toward identifying preliminary building interior and exterior design and general layout functionality preferences. The next work group meeting on February 15th will entail review of a preliminary building plan and concept, followed by site design and engineering concepts review in March; culminating with a presentation of a proposed schematic design and budget to the Board at the April 9th regular meeting. The next phase will entail working on building interior and exterior design and furniture.

C. FY24-25 Budget - Schools and General Assembly Action: The School Division has prepared their budget based upon the Governor’s introduced biennium budget; incorporating a higher Local Composite Index of .6645, up from .5888 and expected student enrollment of 1,430. The current proposed budget shortfall is considered worst case at approximately $2.4 M and a School Board public hearing on this budget was held on February 8th. Draft budget documents have been provided to the Board by email.

The Governor’s budget is considered a worst case scenario and does not include any Grocery or Re-benchmarking Hold Harmless funds or All-in Per Pupil funding, which may be restored in proposed Senate and House budget bills, currently being developed. Should these items be included in the final State budget; State funding to localities would increase, which would lessen the local impact of the Governor’s budget; partially reducing the shortfall amount. In FY23-24 these items totaled $943,015.

Key Upcoming School Division Budget Calendar Dates:

• February 22nd: Budget Work Session

• March 14th: Approval of the 2024-2025 School Budget

• March 18th: Approved and Requested 2024-2025 Budget Presented to Board of Supervisors

Key Upcoming General Assembly Dates:

• February 13th: “Crossover”, deadline for the House and Senate to each complete work on legislation

originating in that Chamber (except for budget bills)

• February 18th: “Budget Sunday”, deadline for the “money committees” to report their respective budgets

by midnight.

• February 22nd: Deadline for House and Senate to each complete consideration of their budget bills.

• February 28th: Deadline for House and Senate to each complete consideration of the other chamber’s

budget bill and revenue bills.

• March 4th: Deadline for committee consideration of legislation, by midnight.

• March 9th: Scheduled General Assembly adjournment.

• April 17th: Reconvened General Assembly session for consideration of Governor’s amendments and

vetoes.

D. Route 151 Corridor Study Update: VDOT’s online public survey on the updated plan concluded on January 2, 2024 and the results document has been posted on the County’s website under News and Announcements. Rick Youngblood is scheduled to report to the Board at the March 12th Board Meeting with the goal of getting the Board’s input on projects for the next round of Smart Scale pre-applications. Next steps include refining project alternatives, selecting project(s) to advance for Smart Scale applications, producing detailed concept sketches and estimates and finalizing the study report.

 E. Route 151 Through Truck Restriction: Staff is working on getting the required information together for the Board’s consideration of authorizing a public hearing on a Route 151 through truck restriction. Some questions regarding the process have been submitted to VDOT; specifically, I have asked if the Board can request that VDOT perform an assessment of Route 151 for the through truck restriction prior to holding a public hearing on the matter.

I have also asked if the beginning termini of the route to be restricted can start at the intersection of Route 250 and Route 151 in Albemarle County or if it has to begin and end in Nelson County. I am awaiting their guidance on this before I can establish the proposed beginning and ending termini of the route to be restricted, which is a requirement for the public hearing notices.

 F. Regional Jail Renovation Update: The project webpage is https://www.acrj.org/renovationproject. ACRJ and Mosely Architects have been conducting public forums throughout January/February to get input on three incremental levels of renovation of the facility. Three forums are being held in Charlottesville with virtual attendance options and one was held in Nelson at the Nelson Center on February 7th. The Regional Jail Board will consider this input and come to a decision on the preferred option to proceed with at their March 14th meeting. The following is the current project schedule:

• Schematic Design (March – May 2024)

• Design Development (May – August 2024)

• Construction Documents Developed (September – December 2024)

• Building Permit Review (December –January 2025)

• Bidding and Award (January – April 2025)

• NTP and Construction (April –July 2026)

 G. 24-Hour Library Kiosk in Nellysford: Library staff advised that the 24-hour library kiosk to be located in Nellysford has been delivered. Library staff are working with the vendor on configuration and testing with a ribbon cutting ceremony to be scheduled in the coming weeks.

 H. Line of Duty Act Bill Update: Senate Bill 466, which would make changes to the Line of Duty Act (LODA) to permit officers employed by private police departments, such as Wintergreen, to access the benefits available under LODA, was unanimously approved in committee and will head to the Senate floor. The bill will include an amendment that likely will stipulate that the new participating employers under the bill will cover the costs of an anticipated $35,000 fiscal impact for implementation. A House subcommittee early in the session defeated an identical measure, HB 232 in part due to concerns about the fiscal impact. Thank you to Supervisors Rutherford and Parr for their tenacious work on this legislation!

I. Hat and Black Creek Community Engagement Meetings: The meeting on January 10th regarding the water quality study of Hat and Black Creek, centered around discussion of reducing the phosphorus levels in Black Creek. Participants discussed the sources of the phosphorous, addressing sewage treatment plant phosphorus loads, shifting from a Total Maximum Daily Load (TMDL) to a Watershed Plan alternative, phosphorus reduction scenarios, implementation timelines, funding discussion, selection of a reduction scenario and next steps. The work group chose to focus on a uniform reduction from all of the different sources and move forward with development of a Watershed Plan. A summary document of the meeting is available upon request. The next meeting is scheduled for February 27, 2024 from 3:00 – 4:30 pm at the Nelson Memorial Library (8521 Thomas Nelson Hwy, Lovingston, VA). In the event of inclement weather, the meeting will be held on March 4th at the same time and location.

 J. Piney River Solar, LLC Special Exception 2023-369 – Amherst County: NO CHANGE This matter has been further deferred until February 20th.

 K. Savion/Wild Rose Solar Community Meeting: Savion/Wild Rose Solar is conducting a community meeting in Gladstone at the Gladstone Fire and Rescue Squad building from 5-7pm on February 27th, to discuss and answer questions about their proposed project intended to be sited in the area.

 L. Staff Reports: Department and office reports for January/February have been provided.

             Ms. McGarry additionally provided that as a result of the appropriations made by the Board at this meeting, the balance in the 2023-2024 Non-Recurring Contingency Fund would be $151,290.

 2. Board Reports: Supervisor Reed reported that he attended the TJPDC meeting and had an opportunity to discuss the land bank with Christine Jacobs. The County might have an interest in a land bank.  

Supervisor Rutherford reported the Solar Bill that would have limited local discretion in approving solar farms failed to pass in the legislature. The Line Of Duty Benefits bill passed in the senate although it failed in the house. The bill (SB466) will go back down to the house. He asked that everyone contact who they can to urge its passage.  He also reported that 3 of the Board members (Parr, Ligion, and Rutherford) had attended all or part of a board retreat and that the speaker was excellent. Mr. Parr concurred. .

Mr. Parr reported that the Emergency Service Counsel did not meet.

 B. Appointments

Mr. Chris Sandquist is Nelson County’s current representative and he is NOT seeking reappointment when his term expires on MACAA March 13, 2024 (UT). The Term(s) of Office: 2 years from date of appointment, with no limits for reappointment. His seat is being advertised.

The position is to serve as an advisor representing the interests of Nelson County in furthering MACAA’s mission of eradicating poverty and improving the lives of people living in the served communities. The Board of Directors: MACAA's Board of Directors consists of 15-18 members, with equal representation from three sectors of the community - the private sector (businesses, educational institutions, and other non-profit organizations), the public sector (elected officials from each of the jurisdictions served or their appointed representatives) and constituents (elected representatives of low-income groups). Terms vary from one to five years. Individuals from the community may serve as non-voting members of Board committees. The Board meets at 5:30pm on the last Thursday of each month (November and December meetings combined). Committee meetings vary throughout the month. Meetings are held at the MACAA offices: 1025 Park Street, Charlottesville VA 22901. Phone: 434-295-3171, Fax: 434-296-0093 Office Hours: 9am – 5pm M-F.

 Mr. Nat Hall Jr. was Nelson County representative to the Nelson County Economic Development Authority and whose term was due to end June 30, 2026. Mr. Hall has passed away. His seat is being advertised  The Authority is established pursuant to the Code of Virginia §15.2-4903 et seq. Its membership consists of seven (7) County Resident members with terms of  4 years, July – June (Staggered) with no term limits. The duty of the Authority is to administer the provisions of Virginia State Code §15.2-4905. The Authority meets biannually on the 1st Thursday of each month. Members are compensated $75 per meeting plus mileage.

 Anyone interested in either of these appointments should contact Candace McGarry or anyone in the County Administrator’s Office. 

C. Correspondence: None

D. Directives: None

 VII. The meeting ADJOURNED  AND WAS CONTINUED – EVENING SESSION AT 7PM.

  EVENING SESSION   7:00 P.M.

Present Supervisors Rutherford, Parr, Reed, and Ligon. Supervisor Harvey was not present.

THE MEETING WAS CALLED  TO ORDER AT 7:00 PM

 I. PUBLIC COMMENTS: David White opined that the federal government in an effort to control weather has dumped aluminum nano particles in the air and has caused an insect apocalypse.

Elwood Waterfield reiterated his allegations of county wide corruption. Told the Board members that they would and should be put in jail, requested that the Board of Supervisors make the county a “Bill of Rights Sanctuary” and again alleged that his land had been stolen.

 II. PUBLIC HEARINGS

A. Special Use Permit #1044 – Campground

Consideration of a Special Use Permit application requesting County approval to allow a Campground (two sites) on property zoned A-1 Agriculture. The subject property is located at Tax Map Parcel #41-A-31 in Tyro. The subject property is 0.828 acres and is owned by John H. Jr. and Roberta Fitzgerald.

            The property already has two campsites that have been well maintained. The Board of Supervisors voted 3-1 to approve the application with the conditions that there shall be no more than 2 sites, and the 2 units shall be provided by the property owner and that the sites shall be serviced by adequate water and septic facilities to be occupied.  Supervisor Reed was the dissenting voted.

 B. Special Use Permit #1085 - Campground

Consideration of a Special Use Permit application requesting County approval to allow a Campground(two sites) on two adjacent properties zoned A-1 Agricultural. The subject properties are located at Tax Map Parcels #22-A-59 (2.001 acres) and #22-A-59D (2 acres) at 5032 Rockfish Valley Hwy in Nellysford. The subject properties total 4.001 acres and are owned by Kelly A. Kahle. The Board voted unanimously to deny the requested Special use permit.

 C. Special Use Permit # 1101 - Amendment to Condition of Approved Multifamily Dwelling Consideration of an application requesting an amendment to a condition regarding fencing requirements of previously approved Special Use Permit #716 for a Multifamily Dwelling use on property zoned A-1 Agricultural. The subject property is located at Tax Map Parcels #6-A-131 and 6-A-163D at 9485 Rockfish Valley Hwy in Afton. The subject properties total 10.94 acres and are owned by Quakeela Teasley.  The amendment would reduce the height and scope of the fence and require vegetation buffer so that A fence 4’ in height shall be installed along the boundary of the community as shown on the site plan dated December 8, 2023. Existing vegetation shall be left in place where feasible. 

The Board voted unanimously to approve the amendment to the original Special Use Permit as requested.

              IV. OTHER BUSINESS (AS PRESENTED):None

 V. ADJOURNMENT