Summary of the Board Of Supervisors Meeting in January
SUMMARY OF THE JANUARY 14, 2025 MEETING OF THE NELSON COUNTY BOARD OF SUPERVISORS
THE REGULAR MEETING CONVENED AT 2:00 P.M.
Present: Supervisors Ernie Reed, David Parr, Jesse Rutherford, Jessica LigonAbsent: Supervisor Tommy Harvey
I. The meeting was called to order. A Moment of Silence was observed followed by the Pledge of Allegiance.
Supervisor David Parr announced the retirement of Linda Staton from Human Resources. He read Ms. Staton’s extensive biography and service to the County. She was thanked and applauded by the Board and those in attendance.
II. REORGANIZATION OF THE BOARD AND ANNUAL ORGANIZATIONAL MEETING
A. Election of Chair and Vice Chair: Supervisor Ernie Reed was unanimously elected Chairperson and Supervisor Jessica Ligon was unanimously elected vice Chairperson.
B. Resolution – R2025-01 Annual Organizational Meeting of the Board and Appointments was unanimously approved.
WHEREAS, pursuant to the applicable provisions of §15.2-1416 of the Code of VA and Chapter 2, Article 2 of the Code of the County of Nelson, VA, the Nelson County Board of Supervisors conducts an annual organizational meeting at the Board’s first meeting in January of each year; and,
WHEREAS, matters to be determined by the Board of Supervisors in addition to the appointment of a Chairman and Vice-Chairman include the establishment of a schedule of regular and, as applicable, special meetings, the establishment of rules of order, the establishment of (a) meeting agenda(s), and the establishment of Board appointments, including a Clerk and Deputy Clerk to the Board of Supervisors, a Zoning Administrator and a Hazardous Material Coordinator.
NOW THEREFORE BE IT RESOLVED, by the Nelson County Board of Supervisors as follows:
Regular meetings of the Board of Supervisors shall be conducted during Calendar Year 2025 in the General District Courtroom located in the Nelson County Courthouse in Lovingston, VA on the second Tuesday of each month, beginning at 2:00 p.m., and reconvening thereafter at 7:00 p.m. Should the regular meetings fall on any legal holiday, the meeting shall be held on the next following regular business day, without action of any kind by the Board; unless otherwise cancelled. Should the Chairman or Vice Chairman (if the Chairman is unable to act) find and declare that weather or other conditions are such that it is hazardous for members to attend regular meetings; the meeting(s) will be continued on the following Tuesday. Such finding shall be communicated to the members, staff, and the press as promptly as possible. All hearings and other matters previously advertised shall be conducted at the continued meeting(s) and no further advertisement is required. Special meetings of the Board of Supervisors may be convened from time to time, as determined by the Board of Supervisors in accordance with the applicable provisions of the Code of VA and the Code of the County of Nelson, VA.
In accordance with the Code of the County of Nelson, VA, Robert’s Rules of Order, shall be observed as the rules for conducting the business of the Board of Supervisors and the agenda for all meetings of the Board of Supervisors shall be established by the Clerk of the Board in consultation with the Board of Supervisors appointments for Calendar Year 2025 shall be as follows:
Thomas Jefferson Planning District Commission: Jesse N. Rutherford
Thomas Jefferson Planning District Commission: Ernie Q. Reed
Director of Emergency Services: Board of Supervisors Chair, Ernie Q. Reed
Emergency Services Coordinator: John Adkins
Virginia Career Works Piedmont Council: Jessica Ligon
Clerk to the Nelson County Board of Supervisors: Candice W. McGarry
Deputy Clerk to the Nelson County Board of Supervisors: Amanda B. Spivey
Zoning Administrator: Dylan M. Bishop
Hazardous Materials Coordinator: John Adkins
Thomas Jefferson EMS Council: John Adkins
Nelson County EMS Council: J. David Parr
Thomas Jefferson Community Criminal Justice Board: Daniel L. Rutherford
Nelson County Social Services Board: J. David Parr
Nelson County Planning Commission: Jessica Ligon
Jefferson Area Board of Aging: Ernie Q. Reed
Supervisor Ernie Reed, as chairman, took charge of the meeting. Chairman Reed addressed the long term absence of Supervisor Harvey from the Board meetings and indicated that Supervisor Harvey is not expected to return. Chairman Reed expressed the Board’s concern and sympathy with Mr. Harvey’s personal issues, and he expressed the hope that the Board pulls together given that it is short a member for the next year.
III. PUBLIC COMMENTS
1. Valdrie Walker: The Wild Rose Project is difficult for the Board. Special Use Permits render the current A-1 zoning meaningless. The proffer is a bribe. It undermines the integrity of the Board, the County, and the citizens and subverts the “rule of law”.
2. Stephen Payne: He hopes the Board will follow the wishes of the people in the area of the project. Jobs created are diminimus, the energy produced will not be as much as is advertised and the power is unlikely to go to the county residents. The project is not in accord with the new Comprehensive Plan. We must command economic benefits way above average. He wants the county to be able to veto a sale of the project. NO evidence that county personnel did a background check on the developer, a failure of due diligence.
3. William Pearcy: He stands in favor of Blue Ridge Rising Strategic Plan and permitting Wintergreen to build an exit road to the Blue Ridge Parkway (Blue Ridge Safety Plan). There should be another meeting with CHA who owe the county another meeting/report on Larkin Property. He would like to have a town hall with a Q&A with representatives of CHA He wants the county to request an RFP from Blue Ridge Solutions regarding school speeding zones speed control projects. He opposes tearing down the existing property on Tanbark. He wants the County to initiate a project from VDOT to do a study for an overpass on 29.
IV. CONSENT AGENDA: The motion was made to accept the consent agenda without amendment and was unanimously approved:
A. Resolution – R2025-02 Minutes for Approval:
“RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board meetings conducted on June 4, 2024, June 11, 2024, July 9, 2024, August 13, 2024 and August 28, 2024 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.
B. Resolution – R2025-03 Budget Amendment:
I. Transfer of Funds (Employee Benefits & Departmental)
Amount Credit Account (-) Debit Account (+)
$ 10,255.00 4-100-091030-5616 4-100-011010-2005
$ 6,904.00 4-100-091030-5616 4-100-012010-1001
$ 4,311.00 4-100-091030-5616 4-100-012010-2002
$ 4,000.00 4-100-091030-5616 4-100-012010-2005
$ 618.00 4-100-091030-5615 4-100-012010-2011
$ 6,538.00 4-100-091030-5616 4-100-012090-1001
$ 7,018.00 4-100-091030-5616 4-100-012090-2005
$ 882.00 4-100-091030-5615 4-100-012090-2011
$ 54,890.00 4-100-091030-5616 4-100-012150-1001
$ 4,199.00 4-100-091030-5616 4-100-012150-2001
$ 13,439.00 4-100-091030-5616 4-100-012150-2005
$ 881.00 4-100-091030-5615 4-100-012150-2011
$ 3,987.00 4-100-091030-5616 4-100-012180-1001
$ 3,343.00 4-100-091030-5616 4-100-012180-2005
$ 580.00 4-100-091030-5615 4-100-012180-2011
$ 5,927.00 4-100-091030-5616 4-100-013020-1001
$ 4,675.00 4-100-091030-5616 4-100-013020-1002
$ 4,854.00 4-100-091030-5616 4-100-013020-2005
$ 1,814.00 4-100-091030-5615 4-100-013020-2011
$ 1,505.00 4-100-091030-5616 4-100-021010-1001
$ 1,645.00 4-100-091030-5616 4-100-021010-2005
$ 141.00 4-100-091030-5615 4-100-021010-2011
$ 8,733.00 4-100-091030-5616 4-100-021060-1001
$ 7,366.00 4-100-091030-5616 4-100-021060-2005
$ 1,489.00 4-100-091030-5615 4-100-021060-2011
$ 7,930.00 4-100-091030-5616 4-100-022010-1001
$ 3,269.00 4-100-091030-5615 4-100-022010-2011
$ 18,220.00 4-100-091030-5616 4-100-031020-1009
$ 27,002.00 4-100-091030-5616 4-100-031020-1010
$ 43,975.00 4-100-091030-5616 4-100-031020-1011
$ 14,895.00 4-100-091030-5616 4-100-031020-2005
$ 9,813.00 4-100-091030-5616 4-100-031020-2011
I. Transfer of Funds (Employee Benefits & Departmental)
Amount Credit Account (-) Debit Account (+)
$ 13,772.00 4-100-091030-5616 4-100-032010-1001
$ 14,307.00 4-100-091030-5616 4-100-032010-1003
$ 15,000.00 4-100-091030-5616 4-100-032010-2005
$ 2,259.00 4-100-091030-5615 4-100-032010-2011
$ 7,066.00 4-100-091030-5616 4-100-032030-1001
$ 2,109.00 4-100-091030-5616 4-100-032030-2005
$ 59.00 4-100-091030-5615 4-100-032030-2011
$ 336.00 4-100-091030-5616 4-100-032030-2011
$ 4,978.00 4-100-091030-5616 4-100-034010-2005
$ 1,088.00 4-100-091030-5615 4-100-034010-2011
$ 2,022.00 4-100-091030-5616 4-100-035010-1001
$ 6,200.00 4-100-091030-5616 4-100-035010-1002
$ 3,513.00 4-100-091030-5616 4-100-035010-2005
$ 2,801.00 4-100-091030-5616 4-100-035010-2011
$ 6,031.00 4-100-091030-5616 4-100-043020-2005
$ 2,589.00 4-100-091030-5615 4-100-043020-2011
$ 4,305.00 4-100-091030-5616 4-100-081010-1001
$ 1,428.00 4-100-091030-5616 4-100-081010-2005
$ 374,961.00 Total Employee Benefits & Departmental Transfers
EXPLANATION OF BUDGET AMENDMENT
I. Total transfers of $374,961.00 represent (1) $359,292.00 in the distribution of funds related to the FY25 3% pay increase for employees retroactive to July 1, 2024 as approved by the Board of Supervisors, and Anthem Health Insurance rate increase for FY25; (2) $15,669.00 applied for Worker's Compensation rate increase for FY25.”
C. Resolution – R2025-04 Support for Repairs and Strategic Plan Implementation Funding for the Blue Ridge Parkway:
“WHEREAS, the Blue Ridge Parkway traverses 469 miles from Afton Mountain in Virginia to the Qualla Boundary in North Carolina and unites these two states' unique mountain cultures and identities with a world renowned national park that celebrates the places, communities, and people along the Parkway; and
WHEREAS, the Blue Ridge Parkway is the most-visited unit of the national park system, attracting nearly seventeen million visitors each year and contributing significantly to the local and regional economies in Virginia and North Carolina; and
WHEREAS, the Parkway generates approximately $1.4 billion in visitor spending and $1.8 billion in total economic output for the 1,799,000 residents of the surrounding corridor of twenty-nine counties, seven independent Virginia cities, and numerous municipalities in North Carolina and Virginia, including the towns of Buchanan, Fincastle, and Troutville in Botetourt County; and
WHEREAS, the Blue Ridge Parkway Foundation serves as the sole official philanthropic partner to the Blue Ridge Parkway, advocating for necessary funding and resources for the Parkway’s maintenance, preservation, and community engagement; and
WHEREAS, the Blue Ridge Rising strategic plan provides a roadmap for the sustainable management and enhancement of the Parkway, ensuring that it continues to serve as a vital resource for environmental education, recreation, tourism, and community connection; and
WHEREAS, Tropical Storm Helene has caused catastrophic damage and loss of life for several communities in western North Carolina and southwest Virginia, including those communities adjacent to the Parkway; and
WHEREAS, repairs are critical to preserving the safety and accessibility of the Parkway and its adjacent communities, which is essential for their economic wellbeing; and
WHEREAS, collaboration among local, state, and federal governments is critical in this response and imperative to secure the necessary funding and policies that will sustain and benefit the communities surrounding the Blue Ridge Parkway; and
WHEREAS, the establishment of a coalition composed of elected officials and community representatives will enhance advocacy efforts and foster a unified regional voice for the Blue Ridge Parkway corridor.
NOW, THEREFORE, BE IT RESOLVED that the Nelson County Board of Supervisors endorses and supports the following:
1. Funding for Repairs: Urging state and federal governments to prioritize and allocate funding for repairs along the Blue Ridge Parkway to ensure its continued safety and accessibility;
2. Implementation of the Blue Ridge Rising Strategic Plan: Advocating for the full funding and
implementation of the Blue Ridge Rising Strategic Plan to enhance visitor experience, preserve natural resources, and promote sustainable tourism along the Parkway;
3. Collaboration and Support: Calling upon local, state, and federal officials to collaborate with the Blue Ridge Parkway Foundation and other stakeholders to secure resources and policies that benefit the Parkway and its surrounding communities; and
4. Coalition Creation: Supporting the formation of a coalition of elected officials and community representatives dedicated to advocating for the Blue Ridge Parkway, ensuring that the needs and voices of the communities along the corridor are effectively represented.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to relevant local, state, and federal entities, as well as the Blue Ridge Parkway Foundation, to demonstrate our unified support for the Parkway and its vital role in our communities.”
V. PRESENTATIONS
A. VDOT Report: Robert Brown: Mr. Brown reported that VDOT had done a good job of ploughing the roads from the recent snow throughout the county and getting the kids back to school. Jeremy Mayes, a Nelson native is the new Maintenance Superintendent at Primary Headquarter and a new Supervisor, Zach Garner has been appointed. The 2025 budget has been squeezed due to the costs of repairs resulting from the recent tropical storm Helene and funds will be tight for the remainder of FYI 2025 (ending June 30, 2025) . The slope damage on Rt. 151 must be repaired now and the estimated cost is between $700,000-$800,000. The Rt. 620 and Rockfish River Road repairs are delayed until the 2026 FYI budget goes into effect. Supervisor Rutherford brought up a large pothole on Route 29 and asked that it be repaired Supervisor Parr brought up sign that says “No Big Trucks Sign” at Avon and 151 that was knocked over and asked that it be reinstalled.
The Board has a requested installation of a guard rail on Route 29 at the location of the Emergency Medical Services building in Lovingston. Mr. Brown explained guard rails are to protect vehicles from hazards, not to protect property from vehicles. The VDOT engineering study says it isn’t warranted using the “protection of motorists “ criteria. Mr. Brown pointed out that guard rails can pose a hazard to vehicles. Mr. Brown suggested that the County contact MACO to see if they would put up a guard rail at the bottom of the hill away from the road but still provide a buffer for the building.
B. 2026 General Reassessment – Gary Eanes: reassessments required at least every 6 years, state recommends every 4, which is where Nelson is. Reassessments are also required if assessed values fall at or below 70% of FMV. Nelson is below that level. Five appraisers are coming into Nelson. The assessment company represents Prince Edward. Allegheny County, and Dinwiddie. Sales data shows a 45- 58% increase in property values and that the County should expect a healthy increase in valuations. Jessica raised one of her constituents “ran an appraiser off.” She asked about protocol regarding the process of reassessment. Jesse and Mr. Eanes suggested posting a notice of process on the Website.
C. Nelson County Jail Utilization Report – Matthew Vitale, OAR
The Author has selected portions of a very detailed report to include in this summary. Anyone having an interest in the entire power point can request the full presentation by sending an email to info@bluenelson.com.
Nelson County during 2023 had a total population of 14,705, 1588 identifies as Black, 12,513 identified as White and 604 identified as “Other”. In 2023, 61 of the intakes at the regional jail were black, 249 were white and there was no data as to the category of other. Black individuals in 2023 were approximately 1.93 more likely to be booked than White individual based on the available data. This is below the national average.
The number of incarcerated females increased by 100% in 2023 over 2014. The number of incarcerated males increased by 6% in the same period. Inmates between ages 30-29 is now 37% of the yearly intake volume. Those over age 50 are now 24% of the yearly intake volume. The inmate proportion under age 30 and between ages 40-49 has has shrunk. The inmates between 30-39 and over age 50 has grown significantly. The possible reasons for the changes are:
1) Diversion programs for first time offender and minor crimes, particularly for those under 30, steering individuals toward rehabilitation probation, or community service instead of incarceration;
2) Specialty dockets that focus on reducing incarceration in favor of community supervision and counseling programs;
3) Impact on Older Individuals: while diversion programs may target younger populations, older individuals may not benefit as much from these reforms, particularly if their offenses involve repeat crimes and serious offices.
4) Younger individuals receive more mental health and substance abuse treatment than do older individuals.
Individuals booked with assault charges represent 10% of Nelson incarcerated jail population, narcotics represents 11%, and weapons represents 4.2%. Between 2014 and 2030 booking volume for misdemeanors fell 6% while felonies increased 65%. Over the 2014-2023 period, weapons violations increased 95%, assault increased 117%, narcotics increased 37%, probation violations increased 70%, fraud increased 87%, DWI dropped 19%, larceny dropped 29%, driving on a suspended license dropped 55%, contempt dropped 3%, and public intoxication dropped 5%. The power point presentation is available by watching the meeting click here.
Interestingly, 18 months after release 25.5 % of those confined using Home Electronic Incarceration returned to custody (recidivism), as opposed to 37.7% of those confined traditionally. Blacks experienced a 19.35% reduction in a return to custody as compared to a White reduction of 8.83% when both groups were confined using Home Electronic Incarceration.
The summary of information JACCJB IS AS FOLLOWS:
There were no questions from the Board.
VI. NEW & UNFINISHED BUSINESS
A. Ambulance Transport Billing Rates (R2025-05):
Current rates were set in 2012. 90 Day time lapse from Date of Service and date of collection. Recommended motion from County Administrator with options A or B set forth below. The resolution was unanimously approved incorporating Option B.
RESOLVED by the Nelson County Board of Supervisors, pursuant to Section 13.1 (Fees for Emergency Ambulance Service), subsections (c) and (d) of Chapter 13 (Emergency Services), Article 1 (Emergency Ambulance Service) of the Code of the County of Nelson, Virginia that the following fees be and are hereby established and approved by said governing body for the provision of emergency medical services by paid and volunteer emergency medical services entities operating within Nelson County, Virginia.
A. Service Level Fee (150 % of Medicare allowable
1) Advanced Life Support 1 $810.00
2) Advanced Life Support 2 $1,172.00
3) Basic Life Support $682.00
4) Mileage (all Service Levels) $ 14.00 per loaded mile
B. Service Level Fee(170% of Medicare allowable)
1) Advanced Life Support 1 $918.00
2) Advanced Life Support 2 $1,328.00
3) Basic Life Support $773.00
4) Mileage (all Service Levels) $ 16.00 per loaded mile
Said fees, if approved, shall be effective January 1, 2025 and shall be utilized by Nelson County
in its administration of its revenue recovery program which provides financial support for the
County’s paid and volunteer emergency medical services programs.
Board requested that Candace McGarry check into the costs of alternate Billing/collection services.
Below is the unanimously approved recovery and billing policy:
Nelson County EMS Revenue Recovery Program & Billing Policy for Ambulance Transport Services
Revised 1/7/2025
Premise: No one will ever be denied necessary medical transport services due to either the inability to pay or lack of insurance.
Authorization: This policy is hereby established pursuant to the Code of Virginia §32.1- 111.14, Powers of governing bodies of counties, cities and towns, that authorizes the exercise of powers necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health safety and general welfare; pursuant to the Code of Virginia §38.2-3407.9, authorizing the reimbursement for ambulance services, and pursuant to the authorization of the Nelson County Board of Supervisors on May 9, 2006 enacting Chapter 13 (Emergency Services) of the Code of Nelson County, establishing an EMS Revenue Recovery Program.
EMS Revenue Recovery Program:
1. The purpose of the County’s EMS Revenue Recovery Program is to provide financial support for the County’s paid and volunteer emergency medical services programs.
2. All consumers of medical transport services will receive a patient packet at the time of transport containing the following:
∗ Emergency Medical Services Revenue Recovery Fact Sheet (Appendix A) (Includes fees for EMS Revenue Recovery Program- Appendix B)
∗ Notice of Privacy Practices (Appendix C)
∗ Combined Notice to Ambulance Patients - HIPPA Acknowledgement Form &
Authorization to Bill Insurance Company Consent Form (Appendix D)
∗ Financial Hardship Waiver Request Form (Appendix E)
2. Established Fees:
1. The fees for the EMS Revenue Recovery Program (Appendix B), as approved for ambulance transport services, are established by resolution and adopted by the Board of Supervisors. Ambulance transport fees will be periodically reviewed to ensure compliance with the Center for Medicaid Services and Medicare standards and subsequently amended from time to time.
Covered by Insurance:
1. All consumers of ambulance transport services, or the responsible party, will be required when possible, to provide information regarding available insurance coverage as part of the patient intake process administered by providers of EMS transport services.
2. Authorization to use this information for billing purposes is also required to be given at the time of transport, whenever possible; via completion of the Combined Notice to Ambulance Patients form (Appendix D). If the consumer of ambulance transport services or responsible party is unable to provide this information at the time of transport, the County’s billing company will attempt to obtain this information and authorization of its use for billing purposes, directly from the consumer.
3. All consumers of ambulance transport services, or the responsible party, will receive written notification from the County’s billing company of the value of services received and notice of billing forwarded to their insurer(s).
4. If any insured party requires EMS transport within a given calendar year that exceeds their insurance policy’s annual limits and no additional insurance coverage is available, the fees for service beyond these coverage limits will be billed to the consumer and the consumer will be subject to the County’s billing policy.
5. If the insurance company denies coverage of the transport, the billing company will verify the information that was submitted to the insurance company and resubmit the claim for reconsideration. If the insurance carrier still denies coverage of the transport, the consumer of the services, or responsible party, will receive a bill from the County’s billing company and be subject to the County’s billing policy.
6. Insured residents of the County who receive medical transport originating in Nelson County will receive a waiver of their insurance policy’s co-payment for services.
7. Insured non-residents of Nelson County who receive medical transport originating in Nelson County, will be billed by the County’s billing company for their insurance policy’s co-payment for services and will be subject to the County’s billing policy.
3. Not Covered by Insurance:
1. All consumers of ambulance transport services, or responsible party, not covered by insurance, will receive the first bill from the County’s billing company, within 30 days of the date of service, and will be subject to the County’s billing policy.
Volunteers:
1. Volunteer members of the County’s Emergency Services system or their immediate family members who live in the same household who are consumers of ambulance transport services will receive an administrative write-off of the amount due after any insurance is billed for the services they receive from the County.
2. Eligible volunteers include active members, associate members, lifetime members, and auxiliary members who are on the membership roster for one of the fire or rescue agencies in Nelson County, as verified by the agency.
3. An immediate family member of a volunteer is considered a husband/wife, child, or parent who resides in the same household as the volunteer.
4. Should a volunteer or family member utilize the ambulance transport services in Nelson County, the call will be submitted to the billing company in the same fashion as any other call. Once the volunteer receives a bill for services rendered it will be the responsibility of the volunteer to supply the County with a copy of the bill and a completed volunteer waiver form (Appendix H). The County will then take the necessary steps to assure that the volunteer is a member in good standing with their agency. If the member is verified, the waiver form will be signed by the County Administrator or his designee and submitted to the billing company for administrative write-off of the balance due after the patient’s health insurance is applied. All waiver forms will be maintained by the County
Collection of Payments:
1. The County’s contracted billing company will collect all payments for ambulance transport services; no provider of ambulance transport services will accept or receive payment on behalf of a patient or consumer of ambulance transport services.
2. The County’s contracted billing company will accept payment by cash, check, money order, or credit card.
3. The County reserves the right to authorize the billing company to establish payment plans in accordance with the County’s established Payment Plan Guidelines (Appendix G).
4. Financial Hardship:
1. All consumers of ambulance transport services will receive a patient packet at the time of transport containing a Financial Hardship Waiver Request form (Appendix E).
2. All consumers of ambulance transport services, or responsible party, expressing financial hardship will first be encouraged, by the County’s billing company to utilize the County’s established payment plan guidelines (Appendix G). All consumers of ambulance transport services expressing financial hardship and the inability to pay will be referred to the County for completion and submission of a Financial Hardship Waiver Request form
(Appendix E).
3. All consumers of ambulance transport services, or responsible party, lacking health insurance, or subject to the County’s billing policy, may at any point during the billing process, submit a completed Financial Hardship Waiver Request form (Appendix E) to the County, certifying financial hardship and requesting a waiver of fees.
4. The County will use its established Financial Hardship Waiver of Fees Guidelines (Appendix F) in determining the waiver of fees. The County reserves the right to require the provision of additional information regarding the applicant’s financial status in making this determination.
Non-payment:
1. In the case of non-payment, the consumer, or responsible party, will receive a notification of the account’s past due status from the County’s billing company at 30 days, 60 days and 90 days unless specifically directed otherwise by the County in writing. After 120 days, the account will be considered uncollectible and will be added to the uncollectible debt list, which will be forwarded by the billing company to the County, for consideration of write off. The County’s billing company will then proceed, as directed in writing, on each of these accounts.
2. Any non-routine inquiries pertaining to payment issues, requests for fee waivers, and other extraordinary requests received by the County’s billing company will be directed to the County for resolution. If applicable, the County will work with the billing company in forwarding past-due accounts to a County designated collection agent.
3. Nelson County’s billing company will not pursue payment recovery through a debt collection agent without express authorization from the County Administrator or his designee.
4. The County reserves the right to authorize the billing company to terminate payment plans due to non-payment in accordance with the County’s established Payment Plan
Guidelines (Appendix G).
5. Overpayments and Refunds:
1. The County’s billing company will notify the County of the existence of any overpayments or credit balances existing on accounts and will submit a payment requisition including any necessary documentation to the County. The County will be responsible for processing and paying any refunds for overpayments and credit balancesdue to consumers.
B. Rockfish Valley Community Center Funding Request: Stuart Mills and Ken Schwartz presented on behalf of RVCC. Pickle Ball and the walking path are in high demand by the membership and are important to public health. This is a very large funding raising process for RVCC and they have been offered a $30,000 matching grant money and they were able to meet the match. The Forest Sustainability Funds awarded to the County can be used for this purpose. The funding request for $25,000 was granted by a unanimous vote.
VII. REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE
A. Reports
1. County Administrator’s Report: for January 14, 2025 Board Meeting
A. DSS Building: The underground storage tank has been removed and associated testing showed no adverse environmental impacts; closing on the property purchase is being finalized by the County Attorney. PMA is working on the building construction design documents and furniture sampling with DSS staff and Timmons, the geotechnical subcontractor, has submitted the Stormwater Management Plan to DEQ and Major Site Plan for review by County Planning and Zoning, Building Inspections, VDH, VDOT, and DEQ. Finance and Administration staff are working with PMA and Davenport to develop an integrated timeline of construction and permanent financing for the project.
B. Region 2000 Solid Waste Authority: The Region 2000 landfill expansion Rezoning and Special Use permit application was denied on a 4-3 vote by the Campbell County Board of Supervisors on January 7, 2025. Staff will begin looking at the feasibility of other disposal options for when the landfill is anticipated to reach capacity in 2028/2029.
C. FY26 Budget: NO CHANGE Staff is collecting Departmental CIP (Capital Improvement Plan) requests and entering submitted departmental budget data with a draft preliminary budget calendar forthcoming. It is the goal of staff to begin work sessions in late January, with the review of FY26 CIP requests to be considered as we are building the General Fund budget. A challenge in budgeting FY26 Real Estate revenues will be estimating Calendar Year 2025 real estate values and Calendar Year 2026 (including reassessment values) because FY26 will be based upon 1/2 of CY 2025 and 1/2 of CY 2026. A preliminary budget calendar is forthcoming.
D. General Assembly 2025 Session Dates:
• January 17th – Final bill introduction deadline
• February 2nd – House and Senate Money Committees release their budget amendments
• February 4th – “Crossover Day” deadline for bills to be considered in their originating Chambers
• February 6th – Deadline for each Chamber to complete budget bills
• February 12th – Deadline for each Chamber to complete consideration of the other Chamber’s
budget and revenue bills
• February 17th – Deadline for Committee action on Legislation by Midnight
• February 22nd – Scheduled Adjournment
• April 12th – Reconvened session for Governor’s amendments and vetoes VA Co Summary of Governor’s proposed amendments to 2024-2026 biennium budget Attached
E. Dog Licenses: The FY24 Cost of issuing dog/kennel licenses was $2,614, not including the unknown postage costs to mail a tag/license back to the citizen. Revenues collected were $14,821 for an approximate net gain of $12,207. As of November 2024, 564 annual licenses, Sixteen (16) 10-dog kennel licenses, Six (6) 20-dog kennel licenses, and Three (3) 50-dog kennel licenses have been sold. Additionally, 1,039 lifetime licenses have been sold since its implementation on July 13, 2021. State Code Requires dog licensing and imposing a fee for such licensing in the sections below, which is incorporated into the Code of Nelson County, Chapter 3 Animals, Article II Dogs and Cats Sec. 3-26 and Sec. 3-28.§ 3.2-6524. Unlicensed dogs prohibited; ordinances for licensing cats
A. It shall be unlawful for any person other than a releasing agency that has registered as such annually with local animal control to own a dog four months old or older in the Commonwealth unless such dog is licensed, as required by the provisions of this article § 3.2-6528. Amount of license tax.
A. The governing body of each county or city shall impose by ordinance a license tax on the ownership of dogs within its jurisdiction.
F. FEMA/Virginia Department of Emergency Management Grant Award: Congratulations to John Adkins in his submittal of a successful grant application! The County has been awarded a $275,100 grant to provide backup generators at seven (7) local fire and EMS locations that are designated as emergency shelters in the County’s Emergency Operations Plan. These are: Montebello Fire Department, Nelson EMS (NEMS building), Roseland Rescue Squad, Piney River Volunteer Fire Department, Faber Volunteer Fire Department, Lovingston Volunteer Fire Department, and Rockfish Valley Volunteer Fire Department. The grant funds are comprised of $209,600 Federal, $52,400 State, $13,100 Local (In-Kind and/or Cash). The County intends to meet its match obligation through in-kind services provided by County staff in implementing the project. The period of project performance expires on March 11, 2026.
G. Schuyler Boat Take Out: Jerry West is working with VDOT staff and the property owner to finalize and submit the required LUP (land use permit) to VDOT. The property owner must be the permit applicant and County Parks and Recreation can be their agent.
H. Guardrail Request at NEMS Building: A request for installation of guardrail on Route 29 beside the Nelson EMS (NEMS) building was made to VDOT following the December Board meeting; a response is pending.
I. Meals and Lodging Tax Collection & Lodging Entity Tracking: See Attached Charts - # of Lodging Units increased from 802 to 806 since last report.
J. Staff Reports: Department and office reports for December/January have been provided.
At the end of her report, Ms. McGarry told the Board that she had just heard from Stephen Steele at CHA that he wanted $15,000 to perform the Dillard Creek Water Source Evaluation and $18,000 for a Phase I Well Evaluation on the Larkin Property. Supervisor Rutherford raised the issue of the cost per well and wanted to know how many wells were included in the $18,000 price. According to Supervisor Rutherford, the wells should not cost more than $5,000 to $6,000. apiece Supervisor Ligon asked why this couldn’t be done hiring well drillers in conjunction with the Water Service Authority. The Board agreed to move forward with the Dillard Creek Water Source Evaluation. The matter as to the Well Evaluation on the Larkin property was tabled until more information is available about the well evaluation and after consultation with the Water Service Authority.
2. Board Reports:
Supervisor Ligon reported that the Regional Jail renovations are progressing and the cost the county or residents in the jail will increase because Nelson’s inmate numbers are increasing.
Supervisor Parr reported that EMS meets next week. He said that the DSS staff including Brad Burdette have been working hard and that the work has been emotionally tough and that a “thank you” from the public is in order.
Supervisor Rutherford reported that he had gone to see the proposed solar project site in Gladstone and that the visit had been illuminating.
Supervisor Reed reported that the new wastewater treatment facility should soon become operational once the weather clears.
B. Appointments
There are openings on two board that need to be filled by the BOS.
1) Edith Napier resigned from the Thomas Jefferson Area Criminal Justice Board. Her term would have expired on June 30, 2026. The Terms are 3 years and there is a 2 term limit. Mark Stapleton and Stephen Poff (resides in Roanoke) have applied for the position. Mark Stapleton was unanimously approved to assume the position.
2) JABA Council on Aging has a vacancy that began December 31, 2024. It has a 2 Year Term with no term limits. The position is being advertised and there are currently no applicants. No action was taken.
C. Correspondence: Dr. Ligon and Mr. Rutherford reported that the correspondence directed to them regarding the Wild Rose Solar Project was equally divided. Mr. Rutherford indicated he had been contacted by residents of Lovingston regarding snow removal on the sidewalks and he is working with the local businesses and community to come up with possible solutions.
D. Directives: Mr. Rutherford said he was looking into options for more lights on poles for Main Street in Lovingston and a directive was likely to be forthcoming. At the evening meeting he reported that three more lights would cost $12. 00 per month. The county pays for those lights per Ms. McGarry.
VIII. OTHER BUSINESS (AS PRESENTED): None
IX. The Meeting adjourned and continued until the evening session at 7pm.
EVENING SESSION 7:00 P.M.
Present: Supervisors Ernie Reed, David Parr, Jesse Rutherford, Jessica Ligon
Absent: Supervisor Tommy Harvey
I. The meeting was called to order.
II. PUBLIC COMMENTS
1) Denise Tuso: addressed the Good Neighbor Program that will provide roof top solar panels by Savion to two homeowners near to the proposed project that have requested them. The Solar energy credits will be the property of the homeowner, not Savion. Savion has increased the payments over the 40 years to $20,000,000 and the $10,000 scholarship annually. Savion is trying to be a good neighbor and share as much of the project income as possible. The money could go to the schools, solar installations at the schools and other county buildings. If the project is approved, she hoped that the County and Savion would work together to make the installation a showcase of best practices regarding storm water controls, erosion. and agrivoltaics.
2) Michel Tuso addressed previously made claims made by prior speakers which he deemed to be factually incorrect:
a) He stated the panels will NOT poison the environment. He said that the metal in these panels is 1/30 of the thickness of a human hair and is encapsulated by glass layers on both sides. The glass is so strong that running over the panel with a 50 ton compactor leaves the encapsulated glass/ panel intact. Researchers at Virginia Tech said that the panels are not toxic even when struck by hurricanes, tornados, or fires.
b) He stated that leaving the proposed site forested is NOT the best way to reduce CO2 pollution. Any CO2 footprint resulting from the panels is from the manufacture of the panels. The solar farm would produce about 200 Gigawatt hours per year with 5,000 tons of CO2 from manufacture per year. The gas production of electricity produces 100,000 tons of CO2 per year. The CO2 sequestered by the 500 acre site forest is 3000 tons per year. The solar panels prevent 30 times the amount of CO2 being released into the air as could the 500 acre forest.
c) He stated that approving this project will NOT automatically open the door to more solar projects. The comp plan and zoning ordinances are clear that each such project has to be reviewed on its own merits without regard to other projects.
d) The claim has been made that the needed electrical panels in Virginia would cover 3329 square miles. The need for electricity in Virginia is expected to be 16 gigawatts in the next 10 years. That need would require 251 square miles of solar panels.
3) Ann Mische: She stated that Virginia is facing an energy crisis with the onset of the data processing centers that provide the where-with-all for people to enjoy the benefits of modern “online” life. Her research says the solar farms are environmentally neutral, they are ugly and this one won’t solve the energy crisis by itself, but it’s like a Victory garden in war time. We all have to do our part. She asked the Board to approve the project.
4) Edward William McCann: please be careful. Suggested that in speaking with Virginia Tech bio engineering programs, and the comments regarding agrivoltaics were not very positive. He reiterated that letting this project in could open the door for other projects and a great deal of litigation for the County if subsequent applications are denied. This is opening up Pandora’s box. He found it interesting that Savion has upped their payment offer. Once the door is open, it can’t be closed.
5) James Bibb: He stated Savion wants us to believe that the solar project can produce enough power to power all of Nelson. That point is now moot as the day after the last Board meeting it was announced that a new data center had been approved in Appomattax that would be powered by CVEC will receive 500 megawatts of power. He alleged that it is probable that Savion LLC knew about the data center prior to the December 10 Board meeting and conspired to withhold that information from the Board until after the meeting. Savion is also lobbying Richmond to take over authority to approve such projects. They have been deceitful and we shouldn’t do business with a deceitful company.
6) Mary Katherine Allen: requested that the Board vote no. She is convinced the project will be sold. She maintains that the deal is too good to be true.
7) Paul Davis: Also believes that Savion knew about the Appomattax project before the last board meeting. Convinced the project will be sold and the purchasers won’t honor the contract without costly litigation. County has always had trouble with enforcing the terms of the special use permits.
5) Valdrie Walker: Rev. Walker expressed that her concern is not Savion LLC or the solar projects per se. She continues to be concerned that this proposed Special Use Permit undermines our zoning ordinances and the Comp Plan. Granting this permit will adversely affect the A-1 zoning. Money is winning. She queried how this situation produces a benefit to South District.
III. PUBLIC HEARINGS
A. Rezoning #24-0289 – A-1 Agricultural to B-1 Business Consideration of Rezoning application requesting County approval to rezone property from A-1
Agricultural to B-1 Business to align the subject property’s zoning with its current land use.
The Board unanimously approved the Special Use Permit.
The subject property is located at Tax Map Parcels #58-A-7, 7A at 10761 Thomas Nelson Hwy. The subject properties are owned by SS Roundtree LLC.
Owner Information: Raj Singla (Andy), 10761 Thomas Nelson Hwy, Lovingston, VA / SapnaBansal, 4630 Manor Glen Way, Glen Allen, VA
Comments: This property is commonly referred to as the “Sunny Mountain Store,” which operates as a convenience store, gas station, and restaurant (Indian Oven); all legally vested nonconforming uses. The owners are proposing to rezone the property from A-1 Agriculture to
B-1 Business to align the zoning designation with the current uses. This rezoning would also allow them to expand their signage. In the A-1 District, only 50 square feet of sign area is permitted for businesses. The B-1 zoning designation would allow for up to 150 square feet of sign area. In 2023, the owners replaced the freestanding sign for Marathon, which totals close to the 50 square feet limit. They would like to expand the signage on the existing freestanding sign for additional advertisement of the business on site.
B. Ordinance O2025-01 - Amendment to Chapter 7, Motor Vehicles and Traffic,
Article IX, Local Authority to Reduce Speed Limits
The Board considered an ordinance proposed for passage to include language to authorize Nelson County as allowed by §46.2-1300 to reduce the speed limit to less than 25 miles per hour, but not less than 15 miles per hour, on any highway, including those in the state highway system, within its boundaries that is located in a business district or residence district for which the existing posted speed limit is 25 miles per hour. The Ordinance was passed 3-1 with Supervisor Parr casting the dissenting vote.
The ordinance is set forth below:
“ORDINANCE O2025-01: AMENDMENT OF THE CODE OF NELSON COUNTY, VIRGINIA; CHAPTER 7, MOTOR VEHICLES AND TRAFFIC:ARTICLE IX, LOCAL AUTHORITY TO REDUCE SPEED LIMITS
WHEREAS, the governing bodies of counties are authorized by Virginia Code Section 46.2-1300 to reduce the speed limit to less than 25 miles per hour, but not less than 15 miles per hour, on any highway, including those in the state highway system, within its boundaries that is located in a business district or residence district for which the existing posted speed limit is 25 miles per hour, and restore a speed limit that had been reduced pursuant to this subdivision to the speed limit that had been previously posted at that location, provided that such reduced or restored speed limit is indicated by lawfully placed signs. At least 30 days prior to changing a speed limit on any highway in the state highway system pursuant to this subdivision, the governing body shall provide written notice of the change to the Commissioner of Highways.
WHEREAS, it is the sense of this Board that an ordinance should be enacted authorizing the County Administrator to exercise the authority above-described after receiving consent of the Board following a public hearing.
NOW, THEREFORE BE IT ORDAINED that the following ordinance be enacted:
New Article IX. – LOCAL AUTHORITY TO REDUCE SPEED LIMITS
Sec. 7-149. Provisions.
Following public hearing and consent by resolution of the Board of Supervisors, the County Administrator is authorized to reduce the speed limit to less than 25 miles per hour, but not less than 15 miles per hour, on any highway, including those in the state highway system, within the County that is located in a business district or residence district for which the existing posted speed limit is 25 miles per hour, and restore a speed limit that had been reduced pursuant to this subdivision to the speed limit that had been previously posted at that location, provided that such reduced or restored speed limit is indicated by lawfully placed signs.
Sec. 7-150. Notice to Commissioner of Highways.
At least 30 days prior to changing a speed limit on any highway in the state highway system pursuant to this section, the County Administrator shall provide written notice of the change to the Commissioner of Highways.
BE IT FURTHER ORDAINED that this ordinance shall be effective upon enactment.”
III. OTHER BUSINESS (AS PRESENTED)
The Board voted 3-1 to 1) approve the Special Use Permit requested by Wild Rose Solar with the modifications set out below and to 2) accept the Site Plan Contract with the modifications set out below. Supervisor Rutherford cast the dissenting vote The Appeal from the Decision of the Planning Commission was rendered moot by the decisions Special Use Permit and the acceptance of the Site Plan Contract.
The Siting Agreement provides $20,000,000 payment to the county over the life of the Siting Agreement and scholarship money ($10,000 total per year over the life of the project) for one or more South District students (i.e. 2 students would receive $5,000 each) . Both Supervisor Ligon and Supervisor Parr noted that Nelson was receiving more money from Savion LLC than any other county in Virginia had received under similar circumstances and this money could contribute to many needed projects in the County. The representative from Savion explained that because state statute gave the solar farms a break on local property taxes, the payments were the company’s effort to make up for the lost revenue to the localities.
The vote on the solar projects for Supervisor Jessica Ligon and Supervisor Parr was obviously difficult and they were both torn over the decision. The reasons for the votes were orally stated by each board member and subsequently edited and clarified by the three “yay” voters. Supervisor Rutherford reviewed the summary of his position and made no changes.
Supervisor Ligon said that her constituents were split but it was her feeling that the solar farm is in the best interests of South District and the County as a whole for the following reasons.
1) the payments the County would receive;
2) the assurances that the project was environmentally safe and the reviews that would be made by the state agencies,
3) the legal requirement that each special use permit has to be considered on its own merits and that one solar project approval does not mean that all solar projects would be approved in the future;
4) and stipulation that the Special Use Permit would terminate in 40 years if not renewed.
In reviewing this summary, Supervisor Ligon added to her statements the following:
“ If this project were to go through, it was Mr. Parr and my job to get the county as much as possible. I feel we did our job. It is now up to DEQ, our building inspector and the fine populous of Nelson to hold this project to the letter of the contract. It is possible that this project can be done flawlessly and be a representation to other counties in the commonwealth... on the money that should be commanded and how a project should unfold. Time will tell.”
Supervisor Parr subsequent to the meeting, Supervisor Parr provided this explanation of his “yes” vote. (emojis and language are his.)
“I did it. 😒
I voted for the solar farm in Nelson. ☀️
I know this decision has stirred up a lot of emotions—some of you are probably mad, some might be happy, and many are likely confused. That's why I wanted to take a moment to explain my thought process. ⁉️🤔
After all the time, thought, and research that went into this decision, I felt it was important to share why I voted the way I did. I'm not here to change anyone's mind or start a debate (I'll be turning off comments after posting this). I just want you to understand my reasoning.
First off, let me be clear: I'm not a fan of commercial solar farms, especially those on farm or timber land. They can be an eyesore, and I'm not convinced they produce enough energy to outweigh the negatives of their construction. 🤨
So, why did I vote YES? ✅
The answer is politics and money—but not in the way you might think.
I'm not talking about local politics or us making money. I'm talking about the politics in Richmond and the potential loss of money for Nelson—millions of dollars.
Let me explain. ⚖️
Last year, two Democratic politicians proposed legislation to take away the rights of local governments to approve or deny utility-scale solar projects.
Creigh Deeds (D-Charlottesville) and Richard “Rip” Sullivan Jr (D-Fairfax County) proposed bills that would apply to solar energy facilities of at least 50 megawatts, wind energy facilities of at least 100 megawatts, and battery storage facilities of at least 50 megawatts. According to Deeds, he wants these projects to be considered a “State” issue, not a local one.
That's a problem.😤
Imagine if we had denied the Wild Rose Solar project last night. Fast forward to next year or the year after, and the State gets its way. The project proceeds anyway, without any local input. See the problem there?
Now, let's talk about the money. 💸💰
Yes, the county is getting paid for this project—over $20 million. Plus, a $10,000 scholarship every year for forty years to a student from the South District.
This figure started around $8 million. Then Dr. Jessica Ligon (South District Board Member) and I negotiated it up to $16 million. At the last minute, we got it bumped up to the final $20.2 million figure that was approved. But we did not “sell out.”
If Richmond gets its way and takes the power away from the locality to approve or deny these projects, the projects will still come, and we won't get any of that extra money. Instead, we were able to approve the project on our terms and negotiate extra funding to help the county.
I don't plan to debate the benefits (or lack thereof) of solar, where the power goes, who uses it, whether the panels are toxic or recyclable, or if there will be water runoff.
While those were parts of the equation, they were not the deciding factors in my decision. My final decision was made to (i) approve this project on our terms (not the State's) and (ii) secure the maximum funding we could for a project that might eventually be pushed down our throats without said funding.
😖😵
This vote was incredibly hard for me. Those directly impacted are people I consider my neighbors and friends. I tried to put myself in their position. Despite how I feel about the project itself, I felt I had to do what was in the best interest of the county overall. I certainly empathize with those who are opposed to the project. To suggest I had ulterior motives or gave in to corporate America is inaccurate and unfair.
👎❌
Next, I'd like to address a few misconceptions I've seen posted on other feeds:
1. “The power is going to a data center in Appomattox.” One could just as easily say the power is going to a jail in Amherst, a church in Buckingham, or the Wal-Mart in Madison Heights. The power gets dumped into the main power grid. It cannot be sent to one specific user (like a data center).
2. “By approving this, we've opened the floodgates for more solar.” Wrong. This was not a zoning change. This approval was for a Special Use Permit (SUP). Each SUP stands on its own merits and is approved or denied as such. No two SUPs are the same. Additionally, we added a condition that this SUP ends after forty years (the lifespan of this project). After that, they would have to start all over.
3. “Did they ask the locals how they felt?” Yes, they/we did. Many of them wrote letters of support for the project to the Board of Supervisors (BOS).
4. “The BOS didn't listen to the voters.” The fact is residents were divided almost 50/50 over this project. This is one of the reasons I struggled with my vote as much as I did.
5. “The solar company will sell out and leave the county with a mess.” There are safeguards against this possibility built into the contract, including a bond to pay for any cleanup that might be needed.
6. “The county is always dumping on Gladstone.” The county did not pick the location of this project. The owner of the property and the solar provider approached the county and requested the SUP. We can only act on the requests we receive.
Again, I'm not trying to change anyone's mind or make a case for or against solar. I'm just one public servant trying to do my best and do right by the county I call home.🤗”
Supervisor Rutherford reviewed and did not change the following summary of his reasons for his “no” vote: He relied on the lack of job creation to vote against the project and indicated that we needed to disregard the proposed payments in considering whether to approve. He didn’t explain why the payments should be disregarded or what about the project would adversely affect the agricultural role of the area.
Supervisor Reed approved the following language : He noted that the current energy model, based on one grid and not allowing “community scaled solar” is a bad model. He said that the Wild Rose Project would generate 90 MW of energy which is more than enough to power the entire county, and then some. The siting agreement includes the county’s “right of first refusal” on the project at the end of 40 years. If communities have a responsibility to assess and determine its own energy needs, how that power is generated and how it is used, then this would have the county cover its own carbon footprint. It may also be an opportunity for the county to power itself when the “model” changes.
He said that the project is not a proxy for data centers. They need to be confronted directly. Making a decision does not release you from paying attention to its consequences. The county and the board will need to be attentive, in Richmond and to the Federal Government and advocate for changes that would better serve all county residents.
The author advises everyone to watch the video of the 7:00 o’clock meeting .
The specifics of the Special Use Permit as amended, and the Siting Agreement as amended are set out below:
A. Special Use Permit #24-0014 – Large Solar Energy System, Wild Rose Solar:
“WILD ROSE SOLAR PROJECT, LLC PROPOSED CONDITIONS SUP #
Proposed ________, 2024
Wild Rose Solar Project, LLC (the “Applicant”) has applied (the “Application”) for a Special Use Permit (“SUP”) from Nelson County, Virginia (the “County”) to construct a large solar energy system as defined and permitted by Article 22A of the Zoning Ordinance for Nelson County, Virginia (the “Ordinance”).
Pursuant to the Application, the Applicant proposes the following Special Use Permit conditions (the “Conditions”) which are in concert with and supplementary to the Ordinance. Upon approval of the Special Use Permit, the Conditions shall be in full force and effect and binding on any successor or assign of (i) the Applicant and (ii) owners of the Project Parcels (defined below).
All terms and phrases used and not otherwise defined herein shall have the meanings ascribed to them in the Ordinance.
1. Limitation of Use of the Site for the Project. The use of the Project Site, as defined herein, shall be limited to a 90-megawatt alternating current (MWac) ground-mounted solar photovoltaic electric generating facility (the “Project”). The project site (the “Project Site”) shall consist of portions of six (6) parcels of land identified as Nelson County Tax Map
Parcels 96-A-1, 97-1, 97-1-9, 97-A-2, 97-A-28, and 97-A-29 (the “Project Parcels”) consisting of approximately 2,470 acres zoned A-1 Agricultural will be utilized for the Project. Areas of the Project Parcels outside the Project Site may continue to be used for agricultural and silvicultural purposes if designated in the final site plan (the “Final Site
Plan”). The Project will be developed in substantial conformity with the Preliminary Site Plan as revised and dated ______ ___, 2023 (the “Preliminary Site Plan”). The Project Site shall include the areas shown on Preliminary Site Plan and as may be shown on the FinalSite Plan containing racking, panels, inverters, transformers, cabling, substation,switchyard, and supporting infrastructure (collectively, the “Solar Facilities” or the “SolarFacility”), including all stormwater management areas.
2. Duration of Use and Permit. The Solar Facilities shall constitute the use approved pursuant to the SUP. The SUP shall run with the land and bind all owners of the Project Parcels and their successors, heirs, and assigns. References to the Applicant in this SUP shall also include the owners of the Project Parcels, and their successors, heirs, and assigns. The SUP shall expire if the Project fails to obtain building permits within five (5) years from the approval of this SUP unless extended by written agreement between the County and the Applicant.
3. Studies and Plans. Prior to or concurrent with the submission of the Final Site Plan, the Applicant will submit to the County the studies and plans as set forth in this Section 3, which shall be submitted in accordance with the requirements of the appropriate authority.
a. Construction Management Plan (the “Construction Management Plan”). Applicant will submit the Construction Management Plan, including the following items:
i. Proposed construction schedule and hours of operation;
ii. Project access planning for each entry to the Project and any required road improvements;
iii. Project security measures to be implemented prior to the commencement of construction of the Solar Facilities;
iv. Dust mitigation and any burning operations; and
v. Handling of construction complaints via a project liaison (the “Liaison”).
b. Construction Traffic Management Plan/Traffic Mitigation Plan (the “CTMP”) and Road Repair Plan (the “Road Repair Plan”). The Applicant shall:
i. Develop the CTMP in consultation with the County Planning Staff, the Virginia
Department of Transportation (“VDOT”), the Nelson County Sheriff’s Office, and the Virginia State Police to identify and expeditiously resolve or mitigate traffic issues that arise during the construction or decommissioning of the Solar Facilities, including but not limited to (A) lane closures, (B) signage, and (C) flagging procedures. Employee and delivery traffic shall be scheduled and managed so as to minimize conflicts with local traffic. Permanent access roadsand parking areas will be stabilized with gravel, asphalt or concrete to minimize dust and impacts to adjacent properties. Traffic control methods shall be coordinated with VDOT prior to initiation of construction. The CTMP will identify on-site areas suitable for parking for construction workers and for trucks to be unloaded and to turn around without having to back onto public roadways during construction and decommissioning.
ii. Develop the Road Repair Plan in consultation with VDOT to provide for repair of damage to public roads occurring within five hundred (500) feet of any entrance to the Project. The Road Repair Plan shall provide that such repair to the roads be at least comparable to their conditions before the commencement of construction or decommissioning.
c. Landscaping Plan (the “Landscaping Plan”). The Applicant shall submit the Landscaping Plan showing the Solar Facilities and the Project, including the security fence, screened from public rights-of-way and adjacent residential properties with existing or proposed vegetation, including the vegetative buffer. The vegetative buffer provided in the Landscaping Plan shall conform to the following requirements:
i. Existing vegetation will be maintained where possible and supplemented, as necessary; The vegetative buffer will be regularly inspected and supplemented with additional plantings as necessary to replace dead trees and shrubs.
ii. The Applicant shall submit renderings along with the Final Site Plan describing the buffer areas, specifically delineating the areas where existing vegetation is to be maintained or supplemented and areas where the vegetative buffer will be established;
d. Erosion and Sediment Control Plan. The Applicant shall construct, maintain and operate the Project in compliance with the approved plan, posting an Erosion and Sediment Control bond (or other security) for the construction portion of the Project as required by the County or DEQ, as applicable.
e. Stormwater Management Plan. The Applicant shall construct, maintain and operate the Project in compliance with the approved stormwater management plan as approved by DEQ.
f. Emergency Management Plan. Prior to final approval of the Final Site Plan, an
Emergency Management Plan (the “EMP”) shall be prepared to address situations that may require response from Nelson County or local volunteer public safety personnel, including, without limitation, fire safety and emergency response personnel. The EMP shall:
i. Be developed in conjunction with and approved by the County Fire Chief and County Police Chief or their designees prior to final approval of any site plan;
ii. Provide a mutually agreed upon schedule of communication and training sessions for Nelson County and local volunteer public safety personnel relative to possible emergency response situations at the Project Site.
iii. Provide emergency contact information of the operators of the Project Site to County safety personnel; and
iv. Provide that all emergency contact information pursuant to (iii) will be posted on all Project Site access gates.
g. Ocular Impact Study. The Applicant shall submit an ocular impact study addressing the impact to public roads and structures within sight of the Project. The analysis shall be performed using FAA Solar Glare Hazard Analysis Tool (SGHAT) to demonstrate compliance with FAA standards for measuring ocular impact.
h. Payment for Third Party Experts and Consultants. Upon submission of an application for Final Site Plan Approval, Applicant agrees to pay the County Twenty-Five Thousand Dollars ($25,000) to defray costs associated with the provision and/or employment of outside experts and consultants necessary to review specific technical issues related to the Project outside the County’s expertise or for which the County has inadequate full-time staff.
i. Third Party Inspections. Applicant agrees to procure necessary third party building, electrical, erosion and sediment control, and stormwater management inspection services during the construction, operation and decommissioning of the Project, at Applicant’s expense. The County Building Official will approve the selected inspectors. All third party inspections will be reviewed and approved by the County Building Official.
4. Limited Access to the Project. The Project will be accessed from public roads and rights of ways at those points shown may have the access as shown on the Final Site Plan. All access points from public roads will be reviewed and approved by VDOT pursuant to the CTMP.
5. Lighting. During construction of the Solar Facilities, any temporary construction lighting shall be positioned downward, inward, and shielded to minimize glare from all adjacent properties. Emergency and safety lighting shall be exempt from this construction lighting condition. Any onsite lighting provided for the operational phase of the Project shall be dark-sky compliant, shielded away from adjacent properties, and positioned downward to minimize light spillage onto adjacent properties.
6. Access and Inspections. The Applicant will allow designated County representatives or employees’ access to the facility at any time for inspection purposes, with at least forty eight (48) hours advance notice to the Owner or Operator of the Project and subject toreasonable site safety and security requirements to ensure safe inspection by the County.
The Project may be inspected by the County Building Official on an annual basis to ensure compliance with applicable State Building and Electrical Codes. Additional inspections shall be conducted if desired by County officials or as necessary in the event of complaints and shall not replace the inspections specified in this section.
7. Compliance. The Project shall be designed, constructed, and tested to meet all relevant local, state, and federal standards as applicable.
8. Solar Hands-on Instructional Network of Excellence (“SHINE”). Through the Applicant’s partnership with the SHINE organization, SHINE will provide its solar installation training program on-site.
9. Project Components and Design. The Solar Facilities shall comply with generally accepted national environmental protection and product safety standards for the use of solar panels and associated technologies for solar photovoltaic projects. The solar panels shall be made of or coated with anti-reflective materials to prevent glare. The Project shall be constructed in compliance with the requirements of the most current Virginia Building and Electrical Codes in effect upon issuance of the building permit. The total height of the Solar Facilities shall not exceed 15 feet above the ground when orientated at maximum tilt. This height limitation shall not apply to the power poles, transformers, substation equipment and the connections to the existing transmission lines on the Property. In the construction and installation of a large solar energy system, the owner or operator shall install all electrical wires associated with the large solar energy system underground unless otherwise depicted in the Preliminary Site Plan attached as Exhibit X, the approximate location of which is approved by issuance of this SUP.
10. Decommissioning and Decommissioning Plan. The Applicant has submitted a preliminary decommissioning plan (the “Preliminary Decommissioning Plan”) to the County alongwith this SUP application, including the form of a written agreement that details the method, and estimated cost for the performance of decommissioning. The final decommissioning plan (“Final Decommissioning Plan”), prepared by a Virginia Licensed Professional Engineer shall be submitted with the Final Site Plan Application and must in the form of a written agreement acceptable to the County Attorney and in compliance with Virginia Code Section 15.2-2241.2, as amended, and the Zoning Ordinance, and shall set forth the joint and several responsibilities of the Applicant and all the successors and assigns of the Applicant. The purpose of the Decommissioning Plan is to specify the procedure by which the Applicant would remove the Solar Facility after the end of its useful life and restore the property for agricultural and silvicultural uses or other permitted uses as desired by the landowner, except in no case shall any electrical components, support structures, poles, racking, panels, inverters, transformers, or collector stations of the Project remain on the Property. The Applicant shall update the Decommissioning Plan and associated estimate of cost of decommissioning every five (5) years from the original
Commercial Operation Date.
a. Deactivation of Facility Due to Technical Failure. In the event any technical or physical failure of the Project or any component thereof causes the Project to cease commercial operation, Applicant shall notify the Zoning Administrator of such failure and provide a written report of available details on the Project’s anticipated return to commercial operation. In the event that more than twelve (12) months are required to return the Project to commercial operation as required by the Zoning Ordinance, upon request of the Applicant, the Zoning Administrator shall approve an extension of theApplicant’s obligation to decommission the Project. In no case shall such extension be granted for a period where the Project would be inoperable for greater than twenty four (24) consecutive months.
b. Disposal of Project Components. All components of the Project which are removed from service due to damage during construction and operation will be collected and stored onsite in dry waste containers and either recycled or disposed of offsite in accordance with applicable manufacturer and the local, state and federal solid waste regulations.
c. Partial Decommissioning. If decommissioning is triggered for a portion of the Solar Facilities, then the Applicant or its successor or assigns shall commence and complete decommissioning, in accordance with the Decommissioning Plan, for the applicable portion of the Solar Facilities; the remaining portion of the Solar Facilities would continue to be subject to the Decommissioning Plan. In the event of a partial decommissioning, the Decommissioning Security shall be reduced in direct proportionto the proportion of the Project being decommissioned. Any reference to decommissioning the Solar Facilities shall include the obligation to decommission all or a portion of the Solar Facilities whichever is applicable with respect to a particular situation.
11. Project Liaison. The Applicant will designate at least one public liaison (the “Liaison”), will publicize a toll-free phone number and email address for communication with the Liaison during construction, and will post such information on a temporary sign at each major access point to the Solar Facilities and provide such contact information to the Zoning Administrator. The Liaison shall act as a point of contact between citizens and construction crews. The Liaison shall be available by phone and email during active construction hours and shall respond to any questions related to the Solar Facilities or the Project within 72 hours. The Liaison role shall commence at the start of construction.
12. Insurance. Prior to commencement of construction of the Project, Applicant shall provide the County with proof of adequate liability insurance.
13. Agricultural use within Project Site. The Applicant will deploy agricultural uses within the Project Site (i.e. Agrivoltaics). The Applicant will develop and submit as part of the Final Site Plan review process a Farming Plan for such agricultural uses.
14. Compliance with Laws. All operations pursuant to this special use permit shall be conducted in compliance with the SUP and all applicable federal, state and local laws, regulations and ordinances. In the event of a conflict between the Nelson County Zoning Ordinance and the SUP Conditions, the SUP Conditions shall control.
15. Violations and Revocation.
a. Stop Work Orders. A violation of any type of the Nelson County Zoning Ordinance, this SUP, any Studies or Plans required by this SUP or any Solar Facility Siting Agreement may result in a Stop Work Order. Stop Work Orders may be issued 72 hours after delivery of a written notice of violation (“Pending Stop Work Order
Notice”) by the Zoning Administrator to Applicant via email or written notice to the Liaison. Upon issuance of a Stop Work Order or Pending Stop Work Order Notice, Applicant shall meet and/or communicate with the County and determine a process for remedying the violation. Implementation of the remedial process to the
County’s satisfaction shall result in revocation of the Pending Stop Work Order
Notice or the Stop Work Order, as applicable.
b. Extended Violations, SUP Revocation. Any violation of any type of the Nelson County Zoning Ordinance, this SUP, any Studies or Plans required by this SUP or any Solar Facility Siting Agreement continuing for 60 days from the date a written notice of violation (“NOV”) is mailed to the Applicant’s point of contact, as set forth in the notice provision of the Siting Agreement, may result in revocation of this SUP if the Operator has (i) failed to correct the violation cited in the NOV; (ii) failed to meet with the Zoning Administrator and submit a plan to address the violations cited in the NOV; or (iii) has failed to comply with such a plan. With respect to any road repairs necessitated by the Operator’s use of the roads during construction, any such repairs shall be made within a reasonable period of time after obtaining approval from VDOT. Failure to comply with any and all conditions as approved by the Board of Supervisors may result in this SUP being revoked after public hearing by the Board.
16. Successors and Assigns. The SUP and the Conditions shall apply to the Applicant and any successors or assigns of the Applicant. The County shall be noticed if Wild Rose Solar Project, LLC assigns its responsibilities under this SUP to any other entity.”
The Planning Commission added an update to the proposed conditions which includes, “13. Agricultural use within Project Site. The Applicant will deploy agricultural uses within the Project Site (i.e. Agrivoltaics). The Applicant will develop and submit as part of the Final Site Plan review process a Farming Plan for such agricultural uses.”
The amendment adopted at the Board meeting states that "The SUP shall expire on the 40th anniversary of the Commercial Operation Date, unless otherwise extended by the Board of Supervisors."
B. Proposed Siting Agreement – Large Solar Energy System, Wild Rose Solar: The motion to approve and endorse the Proposed siting agreement as amended passed 3-1. (Supervisor Rutherford was the dissenting vote.)
The Siting Agreement without the referenced amendments regarding the additional payments and scholarships is set out below. The total payment to the county will be $20,000,000 over 40 years.
SOLAR FACILITY SITING AGREEMENT
This Solar Facility Siting Agreement (the “Agreement”), dated as of _____________ (the “Effective Date”), is by and between Nelson County, Virginia, a political subdivision of the Commonwealth of Virginia (the “County”) and Wild Rose Solar Project, LLC, a Delaware limited liability company (the “Applicant”). The County and Applicant are herein each a “Party” and collectively, the “Parties”.
RECITALS
WHEREAS, Applicant intends to develop, install, build, and operate the solar project approved by the Nelson County Board of Supervisors (the “Board”) pursuant to Special Use Permit# ________ (the “Project”) on certain parcels of land identified as the County Tax Map Parcels listed on Exhibit A-1 attached hereto (collectively, the “Property”);
WHEREAS, pursuant to Chapter 22, Title 15.2, Article 7.3 of the Code of Virginia (“Code”) titled “Siting of Solar Projects and Energy Storage Projects,” Applicant and the County may enter into a siting agreement for such facilities;
WHEREAS, pursuant to Code § 15.2-2316.7(B), said siting agreement may contain terms and conditions, including (i) mitigation of any impacts of such solar project or energy storage project; (ii) financial compensation to the host locality to address capital needs set out in the (a) capital improvement plan adopted by the host locality, (b) current fiscal budget of the host locality, or (c) fiscal fund balance policy adopted by the host locality; or (iii) assistance by the Applicant in the deployment of broadband, as defined in § 56-585.1:9, in such locality;
WHEREAS, after negotiation between the County and the Applicant, the Parties desire to enter into this Agreement to provide said financial compensation to the County and to address impacts of the Project;
WHEREAS, pursuant to Code § 58.1-2636, the County may adopt an ordinance assessing a revenue share of (i) up to $1,400.00 per megawatt, as measured in alternating current (AC) generation capacity of the nameplate capacity of the Project (“Revenue Share Ordinance”).
WHEREAS, the County has not adopted a Revenue Share Ordinance, but may choose to do so at a later date;
WHEREAS, pursuant to Code § 58.1-3660, “certified pollution control equipment” is exempt from state and local taxation pursuant to Article X, Section 6(d) of the Constitution of
Virginia;
WHEREAS, solar photovoltaic (electric energy) systems and energy storage systems are certified pollution control equipment, and therefore, subject to certain qualified tax exemptions as provided in Code § 58.1-3660;
WHEREAS, if the County adopts a Revenue Share Ordinance, such certified pollution control equipment exemption is 100% of the assessed value, pursuant to Code § 58.1-3660(D) (for solar photovoltaic (electric energy) projects);
WHEREAS, if the County does not adopt a Revenue Share Ordinance, such certified pollution control equipment exemption would be 80% of the assessed value, or in certain circumstances, the exemption would “step down” after five years of service to 70%, and then 60% for the remaining years of service, as provided by state law and local ordinances, including Code § 58.1-3660 (C), (D), and (F), commonly known as the Machinery and Tools Tax Stepdown (“M&T Taxes”);
WHEREAS, Applicant has agreed to the payments and financial terms contained herein, including payment of the M&T Taxes together with voluntary annual payments supplementing the M&T Taxes in amounts that would result in a total annual payment equal to the greater of the M&T Taxes or what would otherwise be due under a Revenue Share Ordinance, regardless of whether the County actually adopts a Revenue Share Ordinance; and
WHEREAS, pursuant to the requirement of Code § 15.2-2316.8(B), the County held a public hearing in accordance with subdivision A of Code § 15.2-2204 for the purpose of considering this Agreement, after which a majority of a quorum of the members of the Board approved this Agreement.
NOW, THEREFORE, intending to be legally bound hereby and in consideration of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the County and Applicant do hereby agree as follows:
Article I Project Features, Conditions and Mitigation
1. Special Use Permit Conditions. Applicant acknowledges and agrees that it is subject to all the terms and conditions contained in the Special Use Permit (“SUP”) approved by the Board for the Project. The SUP approved by the Board on __________ is attached as Exhibit A and is hereby incorporated herein.
2. Violations/Enforcement. Violation by the Applicant or by any of Applicant’s agents, assigns, or successors in interest of any terms and conditions of the SUP shall constitute a violation of this Agreement. An uncured violation of this Agreement enables the County to suspend or revoke the SUP in accordance with Section __ of the SUP.
Article II Payments
1. Payment Structure. Except as provided in Section 2 below, the Applicant shall make payments to the County, in the amounts and at such times as set forth in Exhibit B (each a “Payment” and collectively, the “Payments”). Applicant’s obligation to make the Payments shall be conditioned upon the Project commencing Commercial Operation. As used herein, “Commercial Operation” or “Commercial Operation Date” means the date on which the Project becomes fully operational and begins selling power under the terms of a power purchase or off take agreement. Generation of test energy shall not be deemed Commercial Operation.
2. Voluntary Payments for Ministerial Permit Application Timing. The Applicant shall make the following voluntary payments to the County should the Applicant not submit applications for Final Site Plan approval and necessary County building permits within the time periods stated below. For avoidance of doubt, this voluntary payment shall be in addition to the voluntary payments in Exhibit B that are due at Final Site Plan approval and County building permit issuance:
a. If Applicant does not submit an application for Final Site Plan approval and the required County building permits within twenty-four (24) months of SUP approval, but submits such applications within thirty-six (36) months of SUP approval, Applicant shall make an additional voluntary payment of Fifty Thousand Dollars ($50,000) upon the later of Final Site Plan approval or issuance of County building permits.
b. If Applicant does not submit an application for Final Site Plan approval and the
required County building permits within thirty-six (36) months of SUP approval, but submits such applications within forty-eight (48) months of SUP approval, Applicant shall make an additional voluntary payment of One Hundred Thousand Dollars ($100,000) upon the later of Final Site Plan approval or issuance of County building permits.
c. If Applicant does not submit an application for Final Site Plan approval and the required County building permits within forty-eight (48) months of SUP approval, Applicant shall make an additional voluntary payment of One Hundred Fifty Thousand Dollars ($150,000) upon the later of Final Site Plan approval or issuance of County building permits.
3. County Building Permit Fees. The Applicant’s total payment for County building permit fees shall not exceed Fifty Thousand Dollars ($50,000.00) for the Project.
4. Statutory Structure of Payments; Statement of Benefit. Applicant agrees that, by entering into this Agreement, pursuant to Chapter 22, Title 15.2, Article 7.3 of the Code, the Payments are authorized by statute, and Applicant acknowledges that it is bound by law to make the Payments in accordance with this Agreement. The Parties acknowledge that this Agreement is fair and mutually beneficial to both Parties. Applicant acknowledges that this Agreement provides for a reasonably predictable stream of future payments to the County in amounts fair to both Parties.
5. Use of Payments by the County. The Payments may be used for any lawful purpose.
Article III Miscellaneous Terms
1. Term; Termination. This Agreement shall commence on the Effective Date and shall continue until completion of decommissioning of the Project in accordance with the decommissioning plan (“the Termination Date”). Applicant shall have no obligation to make Payments after the Termination Date. The Payment due for the year in which the Project or material part thereof is decommissioned shall be prorated as of the Termination Date.
2. Mutual Covenants. The Applicant covenants to the County that it will pay the County the amounts due hereunder when due in accordance with the terms of this Agreement, and will not seek to invalidate this Agreement, or otherwise take a position adverse to the purpose or validity of this Agreement. The County covenants to the Applicant that it will not seek to invalidate this Agreement or otherwise take a position adverse to the purpose or validity of this Agreement.
3. No Obligation to Develop. Applicant has no obligation to develop or construct the Project. It is understood that development of the Project by Applicant is contingent upon a number of factors including regulatory approvals, availability and cost of equipment and financing, and market demand for the Project’s energy. No election by Applicant to terminate, defer, suspend, or modify plans to develop the Project shall be deemed a default of Applicant under this Agreement.
4. Successors and Assigns. This Agreement shall be binding upon the successors or assigns of Applicant, and the obligations created hereunder shall be covenants running with the Property. If Applicant sells, transfers, leases, or assigns all or substantially all of its interests in the Project or the ownership of the Applicant (a “Transfer”), the Transfer agreement shall require this Agreement to be assumed by and be binding on the purchaser, transferee or assignee. Such Transfer, upon full execution of the Transfer agreement, shall relieve Applicant of all obligations and liabilities under this Agreement accruing from and after the date of such Transfer, and the purchaser or transferee shall become responsible under this Agreement. Applicant shall execute such documentation as reasonably requested by the County to memorialize the assignment and assumption by the purchaser or transferee.
5. Execution of Agreement Deems Project “Substantially In Accord” with County’s Comprehensive Plan. Pursuant to Code § 15.2- 2316.9(C), execution of this Agreement deems the Project to be substantially in accord with the County’s Comprehensive Plan in satisfaction of the requirements of Code § 15.2-2232.
6. Right of First Refusal and Decommissioning Notice. The County shall have a
Right of First Refusal (“ROFR”) on the purchase of Project equipment owned by the Applicant at the time the Project is decommissioned. Pursuant to this ROFR, Applicant shall provide written notice to the County twelve (12) months prior to the anticipated date of commencement of decommissioning of the Project (“Decommissioning Notice”). The County shall respond in writing within twelve (12) months of the Decommissioning Notice with its intent to exercise its right of first refusal for the Project equipment owned by the Applicant.
7. Memorandum of Agreement. A memorandum of this Agreement, in a form substantially similar to that attached as Exhibit C hereto, shall be recorded in the land records of the Clerk’s Office of the Circuit Court of Nelson County, Virginia. Such recordation shall be at Applicant’s sole cost and expense and shall occur as soon as reasonably practicable after the Effective Date. If in Applicant’s sole discretion, it chooses to not develop the Project, the County shall execute a release of the memorandum filed in the aforementioned Clerk’s Office.
8. Notices. Except as otherwise provided herein, all notices required to be given or authorized to be given pursuant to this Agreement shall be in writing and shall be delivered or sent by registered or certified mail, postage prepaid, by recognized overnight courier, or by commercial messenger to:
If to the County:
Candice W. McGarry
County Administrator
84 Courthouse Square
P.O. Box 336
Lovingston, Virginia 22949
With a copy to:
Phillip Payne, Esq.
County Attorney
402 Court Street, 2nd Floor
Post Office Box 299
Lovingston, Virginia 22949
If to the Applicant:
Wild Rose Solar Project, LLC
c/o Savion, LLC
422 Admiral Blvd
Kansas City, Missouri 64106
With a copy to:
Scott Foster, Esq.
Gentry Locke Attorneys
PO Box 780
Richmond, Virginia 23218
The County and Applicant, by notice given hereunder, may designate any further or different persons or addresses to which subsequent notices shall be sent. Wild Rose Solar Project, LLC
8. Governing Law; Jurisdiction; Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA, WITHOUT REGARD TO ANY OF ITS PRINCIPLES OF CONFLICTS OF LAWS OR OTHER LAWS WHICH WOULD RESULT IN THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. THE PARTIES HERETO
(A) AGREE THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING, AS BETWEEN THE PARTIES HERETO, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE BROUGHT AND TRIED ONLY IN THE CIRCUIT COURT OF NELSON COUNTY, VIRGINIA, (B) CONSENT TO THE JURISDICTION OF SUCH COURT IN ANY SUCH SUIT, ACTION OR PROCEEDING, AND (C) WAIVE ANY OBJECTION WHICH ANY OF THEM MAY HAVE TO THE LAYING OF VENUE FOR ANY SUCH SUIT, ACTION, OR PROCEEDING IN SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION, OR PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. THE PARTIES HERETO AGREE THAT A FINAL JUDGMENT IN ANY SUCH SUIT, ACTION, OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW.
9. Confidentiality. This Agreement, once placed on the docket for consideration by the County Board of Supervisors, is a public document, subject to production under the Virginia Freedom of Information Act (“FOIA”). The County understands and acknowledges the Applicant, and as applicable, its associates, contractors, partners and affiliates, utilize confidential and proprietary “state-of-the-art” information and data in their operations (“Confidential Information”), and that disclosure of any such information, including, but not limited to, disclosures of technical, financial or other information concerning the Applicant or any affiliated entity could result in substantial harm to them and could thereby have a significant detrimental impact on their employees and also upon the County. The County acknowledges that during the development and negotiation of this Agreement, certain Confidential Information may be, or may have been, shared with the County by the Applicant. Applicant agrees to clearly identify any information it deems to be Confidential Information and not subject to mandatory disclosure under FOIA or other applicable law as Confidential Information at the time it provides such information to the County. The County agrees that, except as required by law and pursuant to the County’s police powers, neither the County nor any employee, agent, or contractor of the County will knowingly or intentionally disclose or otherwise divulge any such Confidential Information to any person, firm, governmental body or agency, or any other entity unless a request for such Confidential Information is made and granted under an applicable provision of local, state or federal law. Upon receipt of such a request but before transmitting any documents or information which may contain Confidential Information to the requestor, the County shall contact Applicant to review the request for information and associated documents to determine if any Confidential Information is at risk of disclosure. If Confidential Information exists, Applicant may intervene on behalf of the County and defend against disclosure of the Confidential Information. The County agrees to cooperate in this defense and to the extent allowed by law, work to protect the Confidential Information of the Applicant.
10. Severability; Invalidity Clause. Any provision of this Agreement that conflicts with applicable law or is held to be void or unenforceable shall be ineffective to the extent of such conflict, voidness, or unenforceability without invalidating the remaining provisions hereof, which remaining provisions shall be enforceable to the fullest extent permitted under applicable law. If, for any reason, including a change in applicable law, it is ever determined by any court or governmental authority of competent jurisdiction that this Agreement is invalid, then the Parties shall, subject to any necessary County meeting vote or procedures, undertake reasonable efforts to amend and or reauthorize this Agreement so as to render the invalid provisions herein lawful, valid, and enforceable. If the Parties are unable to do so, this Agreement shall terminate as of the date of such determination of invalidity, and the Property and Project will thereafter be assessed and taxed as though this Agreement did not exist. The Parties will cooperate with each other and use reasonable efforts to defend against and contest any challenge to this Agreement by a third party.
11. Entire Agreement. This Agreement and any exhibits or other attachments constitute the entire agreement and supersedes all other prior agreements and understandings, both written and oral, between the Parties hereto with respect to the subject matter hereof. No provision of this Agreement can be modified, altered or amended except in a writing executed by all Parties hereto.
12. Construction. This Agreement was drafted with input by the County and the Applicant, and no presumption shall exist against any Party. The headings contained in this Agreement are for the convenience of the Parties and for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
13. Force Majeure. Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder.
14. No Third Party Beneficiaries. This Agreement is solely for the benefit of the Parties hereto and their respective successors and permitted assigns, and no other person shall have any right, benefit, priority, or interest in, under, or because of the existence of, this Agreement.
15. Counterparts; Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which shall constitute one and the same instrument. A signed copy of this Agreement delivered by e-mail/PDF or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date by the authorized representatives whose names and titles appear below.
WILD ROSE SOLAR PROJECT, LLC,
a Delaware limited liability company
By: __________________________
Name: ________________________
Title: _________________________
NELSON COUNTY, VIRGINIA
By:
Name: J. David Parr
Title: Chairman, Board of Supervisors
By: ________________________________
Name: Candice W. McGarry
Title: County Administrator
Approved as to form:
By: _________________________
County Attorney
ILLUSTRATIVE SCHEDULE OF PAYMENTS
The following illustrative schedule of payments assumes an estimated Project nameplate capacity of 90 MWac, and all payments shall be adjusted proportionally if the nameplate capacity of the constructed Project differs from such estimate. Exhibit B lists payment amounts based on the following assumptions and calculations:
(A) Revenue Share Equivalent. The “Revenue Share Equivalent” is an annual payment amount determined by multiplying $1,400 per MWac (the “Solar Revenue Share”) by an assumed nameplate capacity of 90 MWac.
(B) Estimated M&T. An estimate of the annual M&T Taxes (which will fluctuate in any given year, depending on the Project’s machinery and tools).
(C) Supplemental Voluntary Payments. In the years when the M&T Taxes are higher than the Revenue Share Equivalent, Applicant will pay only its annual M&T Taxes. In the years when the Revenue Share Equivalent is higher than the M&T Taxes, Applicant will pay its annual M&T Taxes plus a supplemental voluntary payment in order to provide the County a total annual payment that equates to the Revenue Share Equivalent, which shall be based on the Solar Revenue Share authorized under Special Session I in Chapters 49, 50 and 429, for the life of the Project, regardless of whether the County adopts a Solar Revenue Share Ordinance or not. The M&T Taxes shall be assessed pursuant to Chapters 35 and 36 of Title 58.1 of the Code of Virginia as applicable, and the County Ordinances in effect as of the date of this Agreement, for the life of the Project.
(D) Additional Voluntary Payment(s). Additional voluntary payments shall be made to the County as follows:
1. Initial Payment: One Hundred and Twelve Thousand Dollars ($112,000) due within sixty (60) days of approval of this Agreement and approval of the
SUP#________.
2. Final Site Plan Approval Payment: One Million Dollars ($1,000,000) due within sixty (60) days of the County’s approval of the Final Site Plan for the Project.
3. Final Building Permit Payment: One Million Dollars ($1,000,000) due within sixty (60) days of the County’s issuance of all necessary building permits for the construction of the Project.
4. Commercial Operation Payments: Five Million Dollars ($5,00,000.00) payable in installments as described below, commencing on the first anniversary of the Commercial Operation Date and continuing on each subsequent anniversary of the Commercial Operation Date thereafter for a period of seven (7) years:
a. First Commercial Operation Payment: Seven Hundred and Fifteen Thousand Dollars ($715,000)
b. Second Commercial Operation Payment: Seven Hundred and Fifteen Thousand Dollars ($715,000) 28038\3\11777262v1
c. Third Commercial Operation Payment: Seven Hundred and Fifteen Thousand Dollars ($715,000)
d. Fourth Commercial Operation Payment: Seven Hundred and Fifteen Thousand Dollars ($715,000)
e. Fifth Commercial Operation Payment: Seven Hundred and Fifteen Thousand Dollars ($715,000)
f. Sixth Commercial Operation Payment: Seven Hundred and Fifteen Thousand Dollars ($715,000)
g. Seventh Commercial Operation Payment: Seven Hundred and Ten Thousand Dollars ($710,000).
(The numbers appearing in this list have been adjusted upwards to total $20,000,000.)
C. Wild Rose Solar Project Appeal of June 26, 2024 Planning Commission Substantial Accord Determination: No action as the Appeal is now moot.
V. The meeting was adjourned.