Summary of the Board of Supervisors Meeting: March 11, 2025
SUMMARY OF March 11 , 2025
NELSON COUNTY BOARD OF SUPERVISORS 2:00 P.M.
Present: Supervisors Ernie Reed, Jessica Ligon, David Parr, Jesse Rutherford
Absent : Supervisor Tommy Harvey
I. CALL TO ORDER
A Moment of Silence was observed followed by the Pledge of Allegiance.
I. PUBLIC COMMENTS:
1) William Pearcy signed up to speak but did not appear.
2) Marta Keane, retiring CEO of the Jefferson Board for Aging (JABA) introduced Judith Selzer as the new CEO of JABA. Ms. Selzer highlighted that JABA is celebrating its 50th anniversary and thanked Nelson County for embracing the elderly and disabled for whom JABA provides such services such as housing and food and whom JABA is able to direct to services provided by other organizations in the community.
3) Stephen Bayne: Addressed agenda item “V, New and Unfinished Business Agenda (D)”, specifically the Memo from the Berkley Group. Mr. Bayne asked the Board not to restrict itself to obtaining draft zoning ordinances for only 3 proposed new districts as the cost for additional drafting for all districts was fairly small and entreated that the Board not be “penny wise and pound foolish”.
4) Grace Puskas appeared on behalf of Blue Ridge Medical Health. She is the Director of the American Public Health Program “Americorps” in Nelson. They have three internships open which provide living allowances and monies for tuition for those given the internships and are looking for applicants.
III. CONSENT AGENDA the Following three (3) Resolutions were unanimously approved:
A. Resolution – R2025-12 Minutes for Approval: RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board meetings conducted on September 19, 2024 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.
B. Resolution – R2025-13 FY25 Budget Amendment:
“I. Appropriation of Funds (General Fund)
Amount Revenue Account (-) Expenditure Account (+)
$ 1 ,787.50 3-100-001901-0032 4-100-031020-3038
$ 9 ,404.94 3-100-002404-0017 4-100-021060-3164
$ 9 ,354.00 3-100-002404-0017 4-100-021060-3164
$ 3 38.00 3-100-002404-0034 4-100-031020-1014
$ 3 52.83 3-100-003303-0107 4-100-031020-1013
$ 2 ,300.00 3-100-002404-0018 4-100-021010-1009
$ 1 12,000.00 3-100-001899-0050 4-100-999000-9905
$ 2 71,000.00 3-100-004105-0101 4-100-012100-3002
______________
$ 406,537.27
II. Supplemental Appropriation of Funds (School Fund)
Amount Revenue Account (-) Expenditure Account (+)
$ 154,000.00 3-205-002402-0076 4-205-068000-9306
___________________
$ 154,000.00
III. Appropriation of Funds (Piney River Fund)
Amount Revenue Account (-) Expenditure Account (+)
$ 25,000.00 3-501-004105-0001 4-501-042040-5407
________________
$ 25,000.00
IV. Transfer of Funds (General Fund Contingency)
Amount Credit Account (-) Debit Account (+)
$ 2,500.00 4-100-999000-9905 4-100-091030-5622
$ 25,000.00 4-100-999000-9901 4-100-093100-9207
__________________
$ 27,500.00
V. Transfer of Funds (Capital Fund)
Amount Credit Account (-) Debit Account (+)
$ 419,730.00 4-110-999000-9903 4-110-094200-8390
$ 355,297.00 4-110-094200-8320 4-110-094200-8390
$ 4,652.50 4-110-094200-8320 4-110-094200-8390
______________________
$ 779,679.50
EXPLANATION OF BUDGET AMENDMENT
I. Appropriations are the addition of unbudgeted funds received or held by the County for use within the current fiscal year budget. These funds increase the budget bottom line. The General Fund Appropriations of $135,537.27 include requests of (1) $942.50 and $845.00 appropriations totaling $1,787.50 requested for Sheriff's FY25 UVA MOU Special Events Overtime funding for January 2025; (2)(3) $18,758.94 appropriation requests for FY25 Circuit Court Records Preservation (CCRP) Grant funds awarded in FY25; (4) $338.00 appropriation request for Sheriff's Temporary Detention Order & Emergency Custody Order (TDO & ECO) transport funding for January 2025; (5) $352.83 appropriation requested for Sheriff's DEA Task Force Grant funding for January 2025; (6) $2,300.00 appropriation requested for Commonwealth Juror Reimbursement revenue received in March 2025; (7)$112,000.00 appropriation requested for the Wild Rose Solar Project siting agreement payment received in February 2025; and (8) $271,000 appropriation requested for Reassessment Reserve funds to be used for paying 2026 Reassessment expenses from Wampler Eanes. The total appropriation request for this period is below the 1% of expenditure budget limit of $765,227.92 for March. Of the total appropriations this month, $112,000.00 (Item 7) of funds are being added to Non-Recurring Contingency.
II. Appropriated School funds are the addition of unbudgeted funds received by the Schools for use within the current fiscal year budget. These funds increase the budge bottom line. The School Fund Appropriations of $154,000.00 include (1) $154,000.00 is requested for State VPSA Technology Grant funds to be received and expended in FY25 for the purchase of Chromebooks for student use in the FY26 school year. The total appropriation request for this period is below the 1% of expenditure budget limit of $765,227.92 for March.
III. Appropriated Piney River Water/Sewer funds are the addition of unbudgeted funds received or held by the County for use within the current fiscal year budget. These funds increase the budget bottom line. The Piney River Water/Sewer Fund appropriation reflects a request of (1) $25,000.00 for the unexpected and unbudgeted replacement of maintenance supplies/equipment due to damages done to current inventorycaused by severe weather events in FY25. These funds will have to first be transferred from
General Fund Recurring Contingency to the Transfer to Piney River Water/Sewer Fund (see item IV). The total appropriation request for this period is below the 1% of expenditure budget limit of $765,227.92 for March. After this transfer, the Recurring Contingency balance will be $562,438.00.
IV. Transfers represent funds that are already appropriated in the budget, but are moved from one line item to another. Transfers do not affect the bottom line of the budget. Transfers from General Fund Contingencies in the amount of $27,500.00 are reflected in (1) $2,500.00 transfer from Non-Recurring Contingency to the Foothills Child Advocacy Center line item for unused FY24 budgeted allocation for use in FY25 and (2) $25,000.00 transfer from Recurring Contingency to the Piney River Water/Sewer Fund for the unexpected and unbudgeted replacement of maintenance supplies/equipment due to damages done to current inventory caused by severe weather events in FY25. These funds are transferred from recurring contingency to the Transfer to Piney River Water/Sewer Fund within the General Fund and then appropriated within the Piney River Water/Sewer Fund (see item III). Following approval of these expenditures, the balance of Non-Recurring Contingency will be $572,117.31. This net balance includes the addition in I. and reduction in IV. The balance of Recurring Contingency will be $562,438.00.
V. Transfers represent funds that are already appropriated in the budget, but are moved from one line item to another. Transfers do not affect the bottom line of the budget. Transfers between Capital Fund accounts in the amount of $779,679.50 are reflected in (1) $419,730.00 transfer from Capital Reserve (Unallocated) to DSS Bldg.-Land Purchase line item to cover the purchase of the site for the planned location of the DSS building; (2) $355,297.00 transfer from DSS A&E Contract Allowance line to DSS Bldg.-Land Purchase line item to cover the purchase of the site for planned location of DSS building; and (3) $4,652.50 transfer from DSS A&E Contract Allowance line to DSS Bldg.-Land Purchase line item to cover cost of title insurance for the property purchase.”
C. Resolution – R2025-14 FY26 Creative Communities Partnership Grant: “VIRGINIA COMMISSION OF THE ARTS, FY25-26 CREATIVE COMMUNITIES PARTNERSHIP GRANT:
BE IT RESOLVED, by the Nelson County Board of Supervisors that said Board endorses the County’s submission of an application to the Virginia Commission of the Arts for 2025-2026 Creative Communities Partnership Grant funding (formerly Local Government Challenge Grant).
BE IT FURTHER RESOLVED, said application includes a local match of $4,500.00 to be confirmed upon formal adoption of Nelson County’s Fiscal Year 2025-2026 Budget by the Board of Supervisors.”
IV. PROCLAMATION - American Red Cross Month (P2025-01):The proclamation set forth below was unanimously approved.
WHEREAS, this March, we celebrate American Red Cross Month by recognizing the compassionate acts of people in Central Virginia and by renewing our commitment to lend a helping hand to our neighbors in need. Since Clara Barton founded the American Red Cross more than 140 years ago, generation after generation has stepped up to deliver relief and care across our country and around the world, bringing out the best of humanity in times of crisis. Advancing this noble mission, the volunteers, blood and platelet donors, and supporters who now give back through the American Red Cross, Central Virginia Chapter remain unwavering in their commitment to prevent and alleviate human suffering in the face of today’s emergencies.
WHEREAS, their voluntary and generous contributions shine a beacon of hope in people’s darkest hours — whether it’s delivering shelter, food and comfort during disasters; providing critical blood donations for hospital patients; supporting service members, veterans and their families; saving lives with first aid, CPR, AED and other skills; or delivering international aid and reconnecting loved ones separated by global crises.
WHEREAS, this work to uplift our community is truly made possible by those who selflessly answer the call to help, whenever and wherever it’s needed. We hereby recognize this month of March in honor of their remarkable service, and we ask everyone to join in their commitment to care for one another.
NOW, THEREFORE BE IT RESOLVED, that the Nelson County Board of Supervisors do hereby proclaim March 2025 as Red Cross Month. We encourage all citizens of Nelson County to reach out and support its humanitarian mission.
V. PRESENTATIONS:
A. VDOT Report: Robert Brown appeared on behalf of VDOT and explained that because of the recent cold and wet weather, the county was experiencing an unusually high number of potholes and that because of the unusual weather, the snow removal costs that VDOT incurred has left VDOT “ strapped for cash” until July 1, 2025 when the new budget year begins. VDOT is trying to postpone any repairs that do not constitute a safety hazard into the next budgetary year. VDOT is trying to fill the potholes and is very grateful that RT.29 has as much new paving as it does. VDOT is also looking to put crosswalks at Front Street and Main Street in Lovingston. Mr. Brown reported that the Gladstone flooding is caused by the failure of the drains owned and maintained by the railroad under VDOT will consult with the railroad in an effort to have the railroad address the issue. The street sweeping in Lovingston will commence in April.
The Board reiterated the remaining constituent concerns that had been addressed at the last meeting and were still unresolved. Mr. Brown promised to review the “Smart Scale” rule changes, (the deadlines for which are looming), and report back to the Board ASAP.
B. VDOT Secondary Six Year Plan Work Session (R2025-15): The Board had before it the Secondary Six Year Road Plan set forth below.
The Board modified the Secondary Six Year Plan to move Gulleysville to the bottom of the list, and Green Field to towards the bottom also. This moves Buffalo Station, Walk Around Lane, and Eagle Mountain up. The intent is to try and add in Lonesome Pine and Findlay Gap. If they will not fit, they will go onto the Unpaved Roads List below
Secondary Six Year Plan*:
David Creek Road
Hunting Lodge Road
Jennys Creek Road
Wheelers Cove Road
Berry Hill Road
Buffalo Station
Walk Around Lane
Eagle Mountain Drive
Green Field Drive
Gulleysville
*Add in Lonesome Pine and Findlay Gap if possible, or if not, add to Unpaved List just after Spring Valley.
Unpaved Roads Priority List:
Toms Lane
Spring Valley Road
Pigeon Hill Road
South Powells Island
With those modifications, the Board unanimously passed the Resolution set forth below.
WHEREAS, The Virginia Department of Transportation and the Board of Supervisors of Nelson County, in accordance with Sections 33.2-331 and 33.2-332 of the Code of Virginia, are required to conduct a public hearing to receive public comment on the proposed Secondary Six-Year Plan for Fiscal Years 2026 through 2031 in Nelson County and on the Secondary System Construction Budget for Fiscal Year 2026,
NOW THEREFORE BE IT RESOLVED, that a public hearing will be held for this purpose in the General District Courtroom of the Nelson County Courthouse, 84 Courthouse Square, Lovingston, Virginia at 7:00 pm on Tuesday, April 8, 2025.
C. FY26 Draft General Fund Budget Introduction (Rescheduled for March 18, 2025)
V. NEW & UNFINISHED BUSINESS
A. Proposed Appointment of Wintergreen Fire Marshal (R2025-10): The Resolution was indefinitely tabled while the Board consults with the state Fire Marshal and the Nelson County Commonwealth Attorney.
B. FY26 County Health Insurance Renewal Authorization (R2025-16): The Board unanimously approved the Resolution below. The insurance premiums did not change from last year.
WHEREAS, Nelson County participates in the Local Choice Health Benefits Program and the renewal deadline for the next plan year of July 1, 2025-June 30, 2026 is April 1, 2025, and
WHEREAS, premiums for the next plan year will remain the same for the current Anthem Blue Cross Blue Shield plan offerings;
NOW THEREFORE BE IT RESOLVED, by the Nelson County Board of Supervisors that Nelson County’s 2025-2026 health insurance plan year renewal rates be hereby established for active employees and retirees as follows and submitted to Local Choice by the renewal deadline of April 1, 2025:
C. Proposed Amendments to Chapter 2, Article IV, Section 2-125 Elections, Terms, Vacancies (R2025-17): The resolution set forth below was unanimously approved.
“AUTHORIZATION FOR PUBLIC HEARING ON AMENDMENT OF THE CODE OF NELSON COUNTY, VIRGINIA, CHAPTER 2, ADMINISTRATION, ARTICLE IV SCHOOL BOARD
BE IT RESOLVED, that pursuant to §15.2-1427 of the Code of Virginia 1950 as amended, the County Administrator is hereby authorized to advertise a public hearing to be held on April 8, 2025 at 7:00 PM in the General District Courtroom in the Courthouse in Lovingston, Virginia. The purpose of the public hearing is to receive public input on an Ordinance proposed for passage to amend Chapter 2, Administration, Article IV, School Board, Division 2, Election of Members, Sec. 2-125(k) Election, terms, vacancies. Proposed amendments to Sec. 2-125(k) would align the County Code with Code of Virginia §24.2-506 and §24.2-507, which outline the number of qualified voters needed on candidate petitions and the relevant filing deadlines. §24.2-507 was updated in 2021 when primary elections in Virginia were changed from the second Tuesday in June, to the third Tuesday in June. These changes in the Code of Virginia had not been incorporated in the County Code and need to be updated prior to June 2025.”
D. Zoning and Subdivision Ordinance Update - Zoning District Drafting:
The Berkley Group presented their report set forth below to the Board at their February 26, 2025 work session. Besides the existing zoning districts, the proposal contained 5 new potential districts for which the Berkley Group could/would draft zoning ordinances that would apply to those discreet locations. The current contract would permit the Board to select three of the five proposed potential districts at the contract price for which the Berkley Group would draft proposed ordinances. However, the Board could select more than three of the proposed districts for which the Berkley Group would draft proposed ordinances at an additional cost of $2,500 for each additional district. The Board discussed with Dylan Bishop and Candace McGarry about reapplying for the grant for the Nellysford Area Growth Management Plan (NAGMAP) and whether the proposed Mountain Ridge Overlay could be blended with the proposed 151 Corridor Overlay. Dylan Bishop promised to locate maps showing where the ridge lines are that reach altitudes of at least 2000 feet. The Board picked the Residential R-3, the Village Overlay District, and the Rt. 29 Corridor Overlay District as the proposed new districts for which the Berkley Group would draft ordinances.
The Berkley Group “Zoning & Subdivision Ordinance Update: Zoning District Drafting” presented to the Board is as follows:
“Introduction
On February 26, 2025, Berkley Group facilitated a joint work session with the Nelson County Board of Supervisors and Planning Commission as part of the Zoning & Subdivision Ordinance Update project. Due to time constraints, some planned discussions, including Article 9 and related definitions for Articles 1, 2, 3, and 9, were deferred to the next joint work session on April 23, 2025. However, one critical discussion—regarding the direction Berkley Group should take in drafting zoning districts for the County—was not held and needs direction prior to the April work session. The April work session will focus on Article 4 (Primary Zoning Districts) and Article 5 (Overlay Zoning Districts), and it is essential that the Board of Supervisors (Board) provide direction on these articles in advance. Specifically, Berkley Group would like the Board to select which new districts should be incorporated. This guidance will enable Berkley Group to draft the zoning districts accordingly. Based on the scope of work, Berkley Group can modify the existing zoning districts and add three new zoning districts to better meet the community’s needs. These modifications and additions should directly support the Comprehensive Plan’s strategies, ensuring zoning regulations effectively address the County’s long-term vision.
Comprehensive Plan Strategies
The Comprehensive Plan identifies strategies that could be implemented through potentially new zoning districts, each serving different land use objectives. Berkley Group has selected the following strategies from the Nelson 2042 Comprehensive Plan as directly related to the County’s need for additional zoning districts.
Strategy 5.6: Evaluate current zoning district densities and adjust them to allow for additional housing in appropriate areas.
Strategy 6.20: Discourage ridgeline development to protect scenic viewsheds.
Strategy 7.7: Continue to support the tourism industry while being mindful of over-tourism; diversify tourism assets across the County to distribute traffic and prevent negative impacts to local quality of life. While there may be additional strategies within the Comprehensive Plan that could be implemented through the creation of a zoning district, the selected are the most viable for the current project. Further details on these districts are provided below to inform the decision-making process. Each proposed district is designed to address specific challenges and opportunities identified within the Comprehensive Plan.
Potential New Zoning Districts
Residential R-3
The Residential Zoning District (R-3) is intended to address the County’s need for increased housing availability and diversity in areas appropriate areas identified in the Comprehensive Plan as suitable for higher-density residential development. This district would provide opportunities for a larger mix of housing types, including single-family homes, townhomes, condominiums, and multifamily developments, to better accommodate residents at different income levels and life stages. The R-3 district would introduce higher density allowances, reduce minimum lot sizes, and allow for taller and larger structures. Additionally, development standards may be tailored to promote walkability, connectivity, and access to public infrastructure. The implementation of this district would help implement the Comprehensive Plan’s housing strategies and direct residential growth in areas where infrastructure and services can support it.
Mountain Ridge
The Mountain Ridge Overlay District is designed to protect the County’s most vital and vulnerable natural assets, including steep slopes, ridgelines, and ecologically sensitive areas that are essential to Nelson County’s environmental health and scenic character. This overlay district would include strict district and use standards aimed at preserving natural landscapes, preventing erosion and deforestation, and protecting scenic viewsheds. Given Nelson County’s reliance on scenic tourism, outdoor recreation, and conservation efforts, the Mountain Ridge Overlay District would serve as a critical tool in balancing development with environmental stewardship. It would also help the County meet the goals outlined in the Comprehensive Plan related to land conservation, natural resource protection, and sustainable land use practices.
Village Overlay Zoning District
This overlay zoning district is intended to formally integrate the guidelines for rural villages, outlined in the land use chapter of the Comprehensive Plan, into the Zoning Ordinance. It would provide a mechanism to map these areas on the Zoning Map, to further align the Zoning Map with the Future Land Use Map. The Comprehensive Plan identifies six rural villages within the County: Arrington, Faber, Gladstone, Piney River, Schuyler, and Shipman.
This district would establish zoning regulations tailored to the distinct character and development needs of these villages, differentiating them from the A-1 and R-1 districts, which currently encompass most of these areas. By allowing for a broader range of uses, increased residential densities, and village-specific design standards, this overlay would promote context-sensitive growth while preserving the historic and rural character of these communities. Potential considerations for this district may include mixed-use development opportunities, small-scale commercial uses to support local needs, and design guidelines that enhance walkability and maintain a traditional village aesthetic.
Route 29 Corridor Overlay District:
One of the key components of the Comprehensive Plan is the County’s approach to tourism-related development, focusing on both where such development should occur and how to prevent over development in sensitive areas. A potential tool to achieve this balance is the creation of a Route 29 Corridor Overlay District.
This overlay district would serve as a mechanism to encourage and streamline the development of tourism-related businesses by lowering barriers to entry. This could include designating certain tourism related uses as by-right within the overlay, allowing greater lot coverage, or providing flexibility in development standards to support businesses that align with the County’s tourism goals. As Route 29 is a major gateway corridor for the County, this overlay could also introduce enhanced design standards to ensure that new development maintains the County’s rural character and natural aesthetic. Architectural and landscaping requirements could be implemented to promote a visually cohesive and high-quality built environment, reinforcing a positive first impression for visitors while protecting the scenic nature of the corridor.
Route 151 Corridor Overlay District:
Similar to the Route 29 Corridor Overlay District, a Route 151 Corridor Overlay District would focus on managing development along this significant roadway. However, unlike the Route 29 overlay, which is intended to encourage targeted development, the Route 151 overlay would emphasize preservation and stricter land use controls to mitigate the impacts of increasing commercial activity.
Route 151 is already a well-developed area with a high concentration of businesses, particularly those related to tourism and agritourism. As such, this overlay district would introduce restrictions on certain types of development, ensuring that future growth is carefully managed to protect the area's scenic, environmental, and infrastructure capacity. Regulations for this district could include limiting the types of uses allowed in the district, reducing allowable lot coverage and building footprints, increasing required setbacks and lot sizes, and establishing stringent use standards to ensure that any new development aligns with the County’s long-term vision for Route 151. This overlay would provide a framework for balancing economic activity with conservation efforts, ensuring that Route 151 remains a viable destination while avoiding the risks of over development, traffic congestion, and loss of rural charm.
Recommended New Districts
Based on community engagement, staff input, and the Comprehensive Plan, Berkley Group recommends adding the following zoning districts:
Residential Primary Zoning District, R-3, intended to supply the County with additional housing through increased density and diversified housing types, in appropriate areas.
Mountain Ridge Overlay District, intended to safeguard the County’s most vital and environmentally sensitive assets.
If the Board agrees with the recommended districts above, one more district may be selected for inclusion in the new ordinance. However, if the Board chooses not to accept one or both recommended districts, additional overlay districts may be considered instead.
Conclusion Berkley Group requests that the Nelson County Board determine the new districts to be drafted. Which three of the following districts shall be included in the new Zoning & Subdivision Ordinance?
Residential (R-3)
Mountain Ridge Overlay (MRO)
Village Overlay (VO)
Route 29 Corridor Overlay (CO29)
Route 151 Corridor Overlay (CO151)
Once the Board establishes this direction, County staff may present it to the Planning Commission at their next regular meeting to obtain their input and consent. Following these steps, Berkley Group will proceed with drafting the districts in accordance with the established direction and will present the drafts to the County for review at the next scheduled joint work session to be held on April 23rd, 2025.”
VII. REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE
A. Reports
1. County Administrator’s Report: for March 11, 2025 Board Meeting
A. DSS Building Project: Final schematic design and building specifications are nearing completion with a planned presentation to the Board at the April 8th meeting and a request to authorize the project to go out to bid. Closing on the property has been finalized. Highlighted bullets represent modifications to the financing/bid schedule:
· April 8th Board Meeting– BOS Considers Authorization to Bid the Project
· May 1st – Virginia Resources Authority (VRA) Financing Application is Due
· May 13th Board Meeting – Davenport Presents VRA Summer Pool Plan of Finance
· Late May – Construction Bids Received
· By June 1st – Construction Contract in Place
· June 10th – BOS Considers Approval of Construction Contract & Considers Approval of Financing Resolution and Documents
· July 23rd – VRA Bond Sale
· August 6th – Tentative VRA Closing
B. High School Renovation Project Key Dates:
· March 11th Board Meeting – BOS Holds Public Hearing on Financing and Considers Resolution Approving Financing and Documents
· April 22nd - VPSA Bond Sale
· May 6th – Executed Closing Documents Due to VPSA
· May 13th - Tentative VPSA Closing
C. FY26 Budget: The General Fund Budget introduction is now planned for the March 18th Budget Work Session. Staff is anticipating receipt of the FY26 School Division funding request on
D. Remaining 2025 General Assembly Session Dates:
· April 2nd – Reconvened session for Governor’s amendments and vetoes
E. Additional Street Lighting in Lovingston: Jeff Brantley met with an AEP technician and 3 new lights will be installed. According to AEP, there should be no charge for installation and the monthly cost is minimal at $6-$12 per light.
F. Regional Water Supply Planning: A regional water supply planning kickoff meeting for the Middle James River 2 Regional Planning Unit (RPU) will be held in Altavista VA on March 24, 2025. George Miller of NCSA and Me are the County’s primary representatives, with Jennifer Fitzgerald and Amanda Spivey as designated alternates respectively. Other localities in our RPU are Amherst, Appomattox, Campbell, Nelson, City of Lynchburg, Town of Amherst, Town of Appomattox, Town of Brookneal, and Town of Pamplin City. Planning District Commissions and member locality Service Authorities are additional participants. Regional Water Supply Plans are due to be submitted to DEQ by October 10, 2029.
G. CHA Proposal Follow-Up on Larkin Phase 1 Well Evaluation ($18,000): The Board requested follow up work to CHA’s reported findings from the Phase I study results including a Dillard Creek Water Source Evaluation (authorized January 2025) and a Phase 1 Well Evaluation. The Board had questions regarding the provided proposal for this, for which CHA offers the following clarification: The Phase 1 well investigation uses resistivity imaging to map the geologic formations on the property. This will identify location(s) where well development is most likely to be successful. Based on the geology, this could be a single location or multiple locations. Regardless, the well sites will be ranked in order of favorability. CHA will prepare a “proposed well site” drawing and will provide estimated costs to drill test wells and perform drawdown tests. Based on the “proposed well site” drawing developed by CHA, the County can get proposals from local well-drillers to prepare a test well drilling plan that includes estimated costs for various depths of test wells, drawdown tests, and water quality testing, or CHA could add this level of local pricing coordination to the proposed scope for an additional $6,000. On these cost proposals are obtained, the County can proceed with hiring a well-driller to establish these cost proposals are obtained, the County can proceed with hiring a well-driller to establish the test wells and perform the draw down and water quality testing according to the test well drilling plan. The actual drawdown tests will determine how much water can be withdrawn from the well(s).
This level of detail is needed in order to know whether or not any new volume produced on the Larkin property is sufficient to support planned development there and provide any additional Lovingston system-wide water capacity. Mr. Steele advised that typically, when a County identifies the need for additional water, they work with the Authority to develop the additional water and then it gets turned over to the Authority for operation, maintenance, and maintaining regulatory compliance. The new source can support any area that is agreed upon by both parties, assuming it meets the details in any current agreements and produces enough volume to support multiple development areas.
A. Meals and Lodging Tax Collection & Lodging Entity Tracking: See Attached Charts - # of Lodging Units is 816, up from 815 in the previous report.
B. Staff Reports: Department and office reports for February/March have been provided.
2. Board Reports:
1) Jesse Rutherford: reported that he had attended the TJCP meeting where there was a good discussion about data centers. There were concerns voiced about how the Administration change may adversely affect the TJCP’s future funding. The Jail Board has not met yet for March. At the Regional Housing Summit, he learned that the median house price in Nelson is now $400,000 plus +. The Lovingston Merchants Association met and had discussions with Dylan Bishop to help determine how the town of Lovingston will look.
2) Jessica Ligon: She met with the planning commission where there were a number of new faces. A “special use permit” was heard that will be on the Boards docket in May. She also heard a presentation on storage batteries and deferred to Mr. Parr’s to address the presentation. Supervisor Ligon strongly suggested that the Board not give the Planning Commission instructions about whether a special use permit is required for CVEC to build a battery storage facility to store electricity in off peak hours. She is very concerned about how the Board communicates with the Planning Commission in light of the two recent resignations and thinks the Board Members should withhold their opinions until the Planning Commission finishes its deliberations and the matter comes up for review. Supervisors Reed, Parr and Rutherford believe no special use permit is required.
3) David Parr: reported that he attended a fund raiser for the Fleetwood Community Center sponsored by the Massies Mill Ruritan Club that raised over $9,600. He also met with the design committee for the DSS building. The Board will be seeing the final proposal at the April meeting. He reported that the size of solar battery storage facility would be about the size of a tractor trailer and contains batteries that are charged in off peak hours and the power is released when the price of electricity is higher/demand is high. He met with the EMS board which supports “the Fire Marshal Resolution.”
4) Ernie Reed: Also saw the battery storage project at CVEC and observed an electric charging station. The Service Authority received the TDL (Total Minimum Daily load, sediment) report on Hat and Black Creek.
B. Appointments: the following appointments are open and no candidates have currently applied.
NELSON COUNTY ECONOMIC DEVELOPMENT AUTHORITY
Authority: Established pursuant to the Code of Virginia §15.2-4903 et seq.Membership: Consists of seven (7) County Resident members Term: 4 years, July – June (Staggered) with no term limits.
Summary of Duties: To administer the provisions of Virginia State Code §15.2-4905
Meetings: Meets biannually on the 1st Thursday of each month. Members are compensated $75 per meeting plus mileage.
BOARD OF ZONING APPEALS
Board Recommends Appointment to the Circuit Court.
Established: by Article 14 of the Nelson County Code, Composition: 5 members and an alternate recommended by the BOS and appointed by the Nelson Circuit Court, 1 of which is an active Planning Commission member.
Term of Office: 5 years; No Term Limits Summary of Duties: To hear and decide applications for Special Use Permits where authorized by Ordinance including deciding interpretation of the district map where there is uncertainty as to location or boundary. To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to public interest.
Meetings: Meetings are held at the call of the Chairman or at such times as a quorum of the board may determine. Members serve on a volunteer basis without pay other than for travel expenses.
BOARD OF ZONING APPEALS
Board Appoints & Recommends Certification by the Circuit Court
C. Correspondence: None
D. Directives: None
VIII. CLOSED SESSION PURSUANT TO §2.2-3711(A)(7) REGION 2000 LANDFILL
LITIGATION
IX. OTHER BUSINESS (AS PRESENTED)
X. The Meeting ADJOURNED AND WAS CONTINUED to the EVENING SESSION AT 7PM
EVENING SESSION
7:00 P.M.
I. The Meeting was called to order.
II. PUBLIC COMMENTS: None
III. PUBLIC HEARING:
A. Proposed Bond Financing - High School Renovation Project (R2025-18)
Consideration of a resolution authorizing the issuance of an estimated maximum of $25,000,000 principal amount of general obligation school bonds of the County. The proposed uses for which more than ten percent of the Bond proceeds are expected to be used are the financing of the design, improvement, renovation, construction and equipping of public school facilities, including electrical, mechanical, plumbing, fire safety, roadway and parking lot, security and other upgrades and renovations at Nelson County High School, and also including costs of issuance of the Bonds, all of which constitute a capital project for public school purposes. The Bonds will be sold to the Virginia Public School Authority.
B. Public Comment on R2025-18: Allen Dolleris was the only person to speak. He taught at Rockfish River Elementary School for 20 years, has been retired for two years and has substituted at the high school. Based on his observations, he said the renovations were needed and advocated for passage of the resolution.
David Parr said that the “ship has already sailed” and that the decision to do the renovations has already been made, that the funding has been previously approved. The Board unanimously approved the resolution set forth below:
RESOLUTION R2025-18
A RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $25,000,000 MAXIMUM PRINCIPAL AMOUNT OF A GENERAL OBLIGATION SCHOOL BOND OF THE COUNTY OF NELSON, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR PURPOSES OF FINANCING THE DESIGN, IMPROVEMENT, RENOVATION, CONSTRUCTION, AND EQUIPPING OF PUBLIC SCHOOL FACILITIES AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF
WHEREAS, the Board of Supervisors (the “Board of Supervisors”) of the County of Nelson, Virginia (the “County”), has determined that it is necessary and expedient to borrow an amount not to exceed $25,000,000 and to issue its general obligation school bond (as more specifically defined below, the “Local School Bond”) for the purpose of financing school capital projects, including, but not limited to, the design, improvement, renovation, construction and equipping of public school facilities, including electrical, mechanical, plumbing, fire safety, roadway and parking lot, security and other upgrades and renovations at Nelson County High School (together, the “Project”);
WHEREAS, the County held a public hearing, duly noticed, on March 11, 2025, on the issuance of the Local School Bond in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the “Virginia Code”);
WHEREAS, the School Board of the County (the “School Board”) has, by resolution, requested the Board of Supervisors to authorize the issuance of the Local School Bond and consented to the issuance of the Local School Bond;
WHEREAS, Virginia Public School Authority (“VPSA”) has offered to purchase the Local School Bond along with the local school bonds of certain other localities with a portion of the proceeds of certain bonds to be issued by VPSA in the spring of 2025 (the “VPSA Bonds”); WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $22,065,327 plus, if and as needed, an amount needed to finance closing costs and capitalized interest is the amount of proceeds requested (the “Proceeds Requested”) from VPSA in connection with the sale of the Local School Bond;
WHEREAS, VPSA's objective is to pay the County a purchase price for the Local School Bond which, in VPSA's judgment, reflects the Local School Bond's market value (the “VPSA Purchase Price Objective”), taking into consideration such factors as the amortization schedule the County has requested for the Local School Bond relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA from the sale of the VPSA Bonds and other market conditions relating to the sale of the VPSA Bonds; and WHEREAS, such factors may result in the Local School Bond having a purchase price other than par and consequently (i) the County may have to issue the Local School Bond in a principal amount that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Local School Bond set forth in section 1 below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF NELSON, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board of Supervisors hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bond in an aggregate principal amount not to exceed $25,000,000 (the “Local School Bond”) for the purpose of financing the Project, which is for public school purposes of the County. The Board of Supervisors hereby authorizes the issuance and sale of the Local School Bond in the form and upon the terms established pursuant to this Resolution.
2. Sale of the Local School Bond. The sale of the Local School Bond, within the parameters set forth in paragraph 4 of this Resolution, to VPSA is authorized. Given the VPSA Purchase Price Objective and market conditions, the County acknowledges that the limitation on the maximum principal amount of the Local School Bond set forth in paragraph 1 of this Resolution restricts VPSA's ability to generate the Proceeds Requested, however, the Local School Bond may be sold for a purchase price not lower than 95% of the Proceeds Requested. The Chairman or Vice-Chairman of the Board of Supervisors (together, the “Chairman”), the County Administrator, or any of them (each a “Delegate”) and such other officer or officers of the County as either may designate are hereby authorized and directed to enter into an agreement with VPSA providing for the sale of the Local School Bond to VPSA (the “Bond Sale Agreement”). The Bond Sale Agreement shall be in substantially the form submitted to the Board of Supervisors at this meeting, which form is hereby approved, with such completions, insertions, omissions and changes not inconsistent with this Resolution as may be approved by the County officer executing the Bond Sale Agreement.
3. Details of the Local School Bond. The Local School Bond shall be dated _16 days prior to the date of its issuance and delivery or such other date designated by VPSA; shall be designated “General Obligation School Bond, Series 2025”; shall bear interest from its dated date payable semi-annually on each January 15 and July 15 beginning January 15, 2026 (each an “Interest Payment Date”), at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a “Principal Payment Date”) and in the amounts acceptable to a Delegate (the “Principal Installments”), subject to the provisions of paragraph 4 of this Resolution.
4. Interest Rates and Principal Installments. Each Delegate is hereby authorized and directed to accept the interest rates on the Local School Bond established by VPSA, provided that each interest rate shall be five one-hundredths of one percent (0.05%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the VPSA Bonds, a portion of the proceeds of which will be used to purchase the Local School Bond, and provided further that the true interest cost of the Local School Bond does not exceed five and fifty one-hundredths percent (5.50%) per annum. The Interest Payment Dates, Principal Payment Dates and the Principal Installments are subject to change at the request of VPSA. Each Delegate is hereby authorized and directed to accept changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments at the request of VPSA based on the final term to maturity of the VPSA Bonds, requirements imposed on VPSA by the nationally-recognized rating agencies and the final principal amount of the Local School Bond; provided, however, that the principal amount of the Local School Bond shall not exceed the amount authorized by this Resolution and the final maturity of the Local School Bond shall not exceed [30] years from the date of the issuance and delivery of the Local School Bond. The execution and delivery of the Local School Bond as described in paragraph 8 hereof shall conclusively evidence the approval and acceptance of all of the details of the Local School Bond by the Delegate as authorized by this Resolution.
5. Form of the Local School Bond. The Local School Bond shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Local School Bond:
(a) For as long as the VPSA is the registered owner of the Local School Bond, all payments of principal, premium, if any, and interest on the Local School Bond shall be made in immediately available funds to VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next succeeding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption.
(b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Local School Bond. (c) U.S. Bank Trust Company, National Association, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Local School Bond. The County may, in its sole discretion, replace at any time the Bond Registrar with another qualified bank or trust company as successor Bond Registrar and Paying Agent for the Local School Bond. The County shall give prompt notice to VPSA of the appointment of any successor Bond Registrar and Paying Agent. 7. Redemption or Prepayment. Unless otherwise directed by VPSA, the Principal Installments of the Local School Bond held by VPSA coming due on or before July 15, 2035, and the definitive bond for which the Local School Bond held by VPSA may be exchanged that mature on or before July 15, 2035, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Local School Bond held by VPSA coming due on or after July 15, 2036, and the definitive bond(s) for which the Local School Bond held by VPSA may be exchanged that mature on or after July 15, 2036, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2035, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Local School Bond to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption
Dates Prices
July 15, 2035 through July 14, 2036 .101%
July 15, 2036 through July 14, 2037 .100 1/2
July 15, 2037 and thereafter .100
Provided, however, that the Principal Installments of the Local School Bond shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or other registered owner of the Local School Bond. Notice of any such prepayment or redemption shall be given by the Bond Registrar to VPSA or other registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption.
If VPSA refunds the VPSA Bonds in the future and such refunding causes the Local School Bond to be deemed refunded, the prepayment or redemption of the Local School Bond will be subject to VPSA approval and subject to similar prepayment or redemption provisions as set forth above that correspond to the call period of the VPSA Bonds issued in part to refund the Local School Bond.
8. Execution of the Local School Bond. The Chairman or Vice-Chairman and the Clerk or any Deputy Clerk of the Board of Supervisors are authorized and directed to execute and deliver the Local School Bond and to affix the seal of the County thereto.
9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Local School Bond as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any portion of the Local School Bond shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Local School Bond as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate and Tax Compliance Agreement. The Chairman, the County Administrator and such other officer or officers of the County or the School Board as either may designate are hereby authorized and directed to execute and deliver on behalf of the County a Use of Proceeds Certificate and Tax Compliance Agreement (the “Tax Compliance Agreement”) setting forth the expected use and investment of the proceeds of the Local School Bond and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and applicable regulations relating to the exclusion from gross income of interest on the VPSA Bonds. The Board of Supervisors covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Local School Bond will be invested and expended as set forth in such Tax Compliance Agreement and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the VPSA Bonds will remain excludable from gross income for federal income tax purposes.
11. State Non-Arbitrage Program; Proceeds Agreement. The Board of Supervisors hereby determines that it is in the best interests of the County to authorize and direct the County Finance Director or the County Administrator to participate in the State Non-Arbitrage Program in connection with the Local School Bond. The Chairman of the Board of Supervisors, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Local School Bond by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA and the investment manager, substantially in the form submitted to the Board of Supervisors at this meeting, which form is hereby approved, and to take such other action as may be necessary for participation in the State Non-Arbitrage Program.
12. Continuing Disclosure Agreement. The Chairman of the Board of Supervisors, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix D to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as amended, and directed to make all filings required by Section 4 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Bond Sale Agreement).
13. Refunding. The Board of Supervisors hereby acknowledges that VPSA may issue refunding bonds to refund any bonds previously issued by VPSA, including the VPSA Bonds issued to purchase the Local School Bond, and that the purpose of such refunding bonds would be to enable VPSA to pass on annual debt service savings to the local issuers, including the County. Each of the Delegates is authorized to execute and deliver to VPSA such allonge to the Local School Bond, revised debt service schedule, IRS Form 8038-G or such other documents reasonably deemed necessary by VPSA and VPSA's bond counsel to be necessary to reflect and facilitate the refunding of the Local School Bond and the allocation of the annual debt service savings to the County by VPSA. The Clerk of Board of Supervisors is authorized to affix the County's seal on any such documents and attest or countersign the same.
14. Effectiveness and Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Clerk of the Circuit Court of the County of Nelson, Virginia. The filing of this Resolution with the Clerk of the Circuit Court of the County of Nelson, Virginia shall be deemed to be the filing of an initial resolution or ordinance with such Court for all purposes of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code. Any resolutions inconsistent herewith previously adopted by the Board of Supervisors are amended to be consistent with this Resolution.
15. Election to Proceed under Public Finance Act. In accordance with Section 15.2- 2601 of the Virginia Code, the Board of Supervisors elects to issue the Local School Bond under the provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code
16. Further Actions and Ratification. The members of the Board of Supervisors an all officers, employees and agents of the County are hereby authorized to take such action and enter into and execute such documents, instruments and agreements as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Local School Bond, including execution of a Paying Agent, Registrar and Transfer Agent Agreement with the Bond Registrar and Paying Agent for the Local School Bond and the redemption, prepayment and refunding in full of the outstanding amount of the Economic Development Authority of Nelson County, Virginia $2,500,000 Maximum Principal Amount Lease Revenue Bond Anticipation Note, Series 2024A utilizing proceeds of the Local School Bond, other available funds, or both. All actions of the officers, employees and agents of the County or the School Board of the County previously taken in furtherance of the purposes of this Resolution, including submitting a financing application to VPSA in connection with the Local School Bond (the “VPSA Application”), are hereby approved, confirmed and ratified.
17. Effective Date. This Resolution shall take effect immediately.
V. OTHER BUSINESS (AS PRESENTED)
V. ADJOURNED AND CONTINUED TO MARCH 18, 2025 AT 10 A.M. FOR A BUDGET
WORK SESSION.