Highlights of July 11, 2023 Nelson County Board of Supervisors Meeting

2:00 P.M. – NELSON COUNTY COURTHOUSE 

 

The meeting was called to order at 2:00 pm order with a moment of silence and the Pledge of Allegiance. Present were Chairman Jesse Rutherford,  and Supervisors Ernie Reed, Robert Barton, and Thomas Harvey. Supervisor David Parr was absent due to medical treatment.  

The Public Comments were heard and the following consent agenda passed unanimously.  

A. Resolution – R2023-43 Minutes for Approval 

B. Resolution – R2023-44 “Amendment to Recreation Fee Schedule: Nelson County Board of Supervisors that the Nelson County Parks and Recreation Schedule of Fees, is hereby immediately amended to include the Nelson Center and Ryan ballfields as part of the facility rentals managed by the Parks and Recreation Department, including the associated facility rental fees as shown in the attached July 2023 Fee Schedule.” The amendment added the costs for the Nelson Center & Ryan Baseball/ Softball Fields facility rentals for Private Events Weeknight (After 5pm): $20 per night; Full Day: $100/day (No half day option); and Light Usage: $10/day Flat Fee. 

 

The following  Resolution (R2023-45) honoring  Officer Wagner and Support for Legislative Changes to LODA passed unanimously: Be It Resolved, the Nelson County Board of Supervisors 

hereby honors Officer Mark Christopher Wagner II of Wintergreen Police Department for his 

heroism and honorable service to the citizens of Wintergreen and the County, for whom he made 

the ultimate sacrifice, and Be It Further Resolved, the Nelson County Board of Supervisors hereby calls upon the General Assembly to amend the Code of Virginia to afford private Police Officers the benefits available under Virginia Code § 9.1-400 et seq., Line of Duty Act, and 

Be It Finally Resolved, said Board hereby directs that a copy of this Resolution requesting these State Code amendments be delivered forthwith to the County’s representatives in the General Assembly. 

 

Reports 

  1. VDOT Report: 

VDOT reported that they ae working on the mowing, especially in the southerly portions of the county, they are struggling to keep up and they are understaffed with open positions. VDOT is looking to hire independent contractors. They are using growth retardant. The Stur property  which Parks and Recreation is looking to develop for recreation require roads to access them and culverts are required on Finley Mt. Road to the river as five (5) running streams cross the road. VDOT indicated that is does not have a lot of secondary road money to take care of the problem and  needs money from the county and or other economic development funds. The road in question is currently a hunting road.  VDOT will  try to do some preventive maintenance.  

VDOT agreed to get information from the 151 Corridor Report to the board quickly for the Comprehensive Plan.  Ernie Reed reported that the pumps being used to divert word at the Culvert on Dutch Creek Lane  appears to be leaking oil. VDOT agreed to examine the pumps and fix or replace them.  pumps  

B. Automated Speed Enforcement in School Zones – Blue Line Solutions LLC gave a presentation of their Automated School Zone enforcement program. Per their report, Blue Line Solutions LLC represents that their program  i) utilizes Single Beam per-lane LIDAR system which combines automated photo speed enforcement, Automated License Plate Recognition (ALPR), and investigative and predictive analytic tools into one complete program. The TrueBlue™ (TB) Light Detection and Ranging (LIDAR) system utilizes a proprietary true time-of-flight pulsed laser technology, dedicated per lane to ensure accurate measurement of speed. The system calculates hundreds of measurement points per second as the vehicle travels through the beam. This provides a more accurate speed calculation and ensures that only one vehicle is captured at a time.  Single beam LIDAR is the same technology used by law enforcement officers for decades in handheld LIDAR devices and upheld by VA courts, providing police agencies with more defendable citations, as many Judges and Magistrates understand the principles of LIDAR, its capabilities, and dependability.  Because the TrueBlue™ LIDAR uses a single-beam laser to calculate speed, it identifies the exact point at which the laser contacted the vehicle, allowing a definitive determination of 

which vehicle was captured and its speed. The reticle is indisputable evidence that can be 

used in court for the certainty of identification. This technology is available only with the TrueBlue™ LIDAR system.  The TrueBlue™ system is the only program that includes Automated License Plate 

Recognition (ALPR) cameras at a 1:1 ratio of automated school zone speed enforcement 

cameras at no cost as a part of an integrated program. Since VA law requires that automated 

speed enforcement camera video/photos only be used for that purpose, BLS (Blue Line 

Solutions) has designed a separate proprietary ALPR system that exceeds VA code standards. 

Blue Line Solutions, LLC (BLS) reported that they conducted speed studies at Nelson County Middle & High School on Thomas Nelson Hwy during the periods and times listed below. 

 

“This report was completed given the speed and time limit parameters of: 

Regular Speed Limit: 60 MPH School Zone Speed Limit: 35 MPH 

Dates of Study: 

Tuesday 9/27/2022 : (7:30 AM - 8:30 AM), (8:30 AM - 3:15 PM), (3:15 PM - 4:00 PM) 

Wednesday 9/28/2022 : (7:30 AM - 8:30 AM), (8:30 AM - 3:15 PM), (3:15 PM - 4:00 PM) 

Thursday 9/29/2022 : (7:30 AM - 8:30 AM), (8:30 AM - 3:15 PM), (3:15 PM - 4:00 PM) 

Friday 9/30/2022 : (7:30 AM - 8:30 AM), (8:30 AM - 3:15 PM), (3:15 PM - 4:00 PM) 

Monday 10/3/2022 : (7:30 AM - 8:30 AM), (8:30 AM - 3:15 PM), (3:15 PM - 4:00 PM)” 

Blue Line Solutions, LLC reported  that 45,282 vehicles were recorded by the system over the 5 day period and of those vehicles, 5,314 speeding violations occurred in the school zones.  

Speeding. Note: Speeding is defined as any recorded speed more than 10MPH over the designated speed limit. During the same dates and hours, i) 23,367 vehicles were recorded in the Rockfish River Elementary school zone and 2,241 of those vehicles  were  speeding., and ii) 48,351 vehicles were recorded in the Tye River Elementary school zone and 4,203 of those vehicles  were  speeding., The perpetrators, if Nelson County adopts the states enabling program could charge a $100 civil fine for each violation that if disputed could be challenged in court. The cost of the system if implemented, is $25 for each citation issued that does not survive a challenge if any.   

The Board voted unanimously to set a public hearing on proposal at the September12, 2023  meeting.  

 

NEW & UNFINISHED BUSINESS 

 

A. Proposed Amendment to Transient Occupancy Tax Rate (O2023-02): The motion to increase the transient occupancy tax from 5% to & 7%  received affirmative votes from Ernie Reed and Robert Barton and negative votes from Jesse Rutherford and Thomas Harvey and thereby failed to pass.  

B. Proposed Pay Study Implementation (R2023-46): the motion to implement the aforesaid Pay Study  unanimously passed effective July 1, 2023.  

C. FY23-24 Salary and Classification System (R2023-47) The Board unanimously passed the  following resolution: the local government’s “Salary and Classification System” is hereby amended to incorporate the following: Salary adjustments shall be hereby authorized for Nelson County personnel (full-time and regular part-time) employed 

pursuant to the County’s salary classification and pay plan, effective on July 1, 2023. The pay ranges assigned to each position classification shall be pursuant to those established within the 2022-2023 pay study and included herein as Attachment A. Employee compensation adjustments will be based upon five percent (5%) of current salary, or the minimum pay for the position classification, whichever is greatest. Salaries as of July 1, 2023 shall be calculated based upon the salary in effect on June 30, 2023. Additionally, a five percent (5%) salary adjustment shall be authorized for all regular part-time employees and all full-time employees employed by a Constitutional Officer, inclusive of the Officer and Registrar. The five percent (5%) for all Constitutional Officers and their Compensation Board funded permanent staff positions shall be calculated based upon the salary in effect on June 30, 2023 (Compensation/Electoral Board and local supplement). Constitutional and Registrar office positions are also included in Attachment A position classifications. Salaries as of July 1, 2023 shall be calculated based upon the salary in effect on June 30, 2023 (Compensation Board and local supplement). Finally, as part of the classification and compensation study results, employee equity/market adjustments were recommended using several factors including years in current position and applicable education. This adjustment may be considered for implementation at a later date and will be based upon the differential of the adjusted FY24 salary at July 1, 2023 to the equity/market salary placement as designated by position within the pay study results. 

 

D. Proposed Amendments to Chapter 2, Article I, Section 2-2 Safety Program (R2023-48 ):  The Board unanimously passed  the following: 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 August 8, 2023 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 I, Section 2-2 Safety Program. Proposed amendments to Section 2-2 are to update the names of the entities covered by the Line of Duty Act as some of the names have changed.  

 

 

REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE 

 

The  County Administrator’s Report contained the following: 

  1. Comprehensive Plan: The project website is www.Nelson2042.com. Draft chapters and the implementation matric were reviewed at a joint work session of the Board of Supervisors and Planning Commission. There is much work still to be done and more public engagement to be had. There will be a Public Open House on the latest full draft plan on August 29th at 6:30pm – 9pm at the Nelson Center in Lovingston. 

 

  1. Personal Property Tax Valuation: In follow-up on a question posed by the Board at the June meeting, the Commissioner of Revenue uses 90% of the retail value of vehicles provided by the JD Powers pricing guide. State Code section 58.1-3103 vests the Commissioner of Revenue with the authority “to assess, at fair market value, all subjects of taxation in his county or city each year.” Section 58.1-3503(B) states, “However, assessment ratios shall only be used with the concurrence of the local governing body.” 

 

  1. Short Term Rentals: 1) Business Licenses: In follow up on a question posed by the Board at the June meeting, the Commissioner’s Office is tracking the number of business licenses issued for short term rentals and they will be providing me with that information to be distributed to the Board. 2) Graph of 8-year history of Transient Occupancy Tax receipts on a cash basis for May year over year: 

D. Status of VDH Renovations at Heritage Center: Ms. Johnette Burdette, Heritage Center Director emailed me an update that included challenges they have faced through the pandemic that has driven up their costs from those originally expected: 1) cost of the renovation has more than doubled since initial estimates 2) bid costs were substantially more than original estimates due to increase in supply and labor costs while DGS worked on a lease for VDH, 3) Increased interest rates presented a problem with their debt to income ratio. They have been working with Virginia Community Council in securing the required funding for the project and are now working on lease amendments with DGS amid staffing transitions in both DGS and VDH. They anticipate a new completion date of December 2023 and will share a revised construction schedule once they have it. Ms. Burdette would like to come and provide the Board with an official update at the August regular meeting. 

NC Adult Drug Court: NC Drug Court informational flyers are being sent to area attorneys, magistrates, and ACRJ in order to get the word out that court is ready for participants. The court currently has two referrals, one of which is in the screening process and the other’s intake is being hampered by their attorney’s slow response. Coordination meetings are taking place between the Coordinator, Clinician, and Region Ten in order to iron out the evaluation process as they start to get referrals. The Coordinator’s office has been established in one of the former advisement offices near the Circuit court and is in the process of getting furnished and drug testing supplies have been ordered. These costs are covered by the DOJ implementation grant. As a reminder, this Court will be conducted weekly on Tuesdays at 12:30 in Circuit Court. 

 

  1. Virginia Outdoors Foundation PTF Grant – Sturt Park: Jerry West participated in an application feedback session with VOF and is scheduling a small stakeholder meeting to review the feedback and collaborate on ways to improve the application prior to the next submission deadline of August 7th. Areas of improvement include: 

  1. Public Access 

a. With it being in a rural area away from foot access, how will we promote access and bring people in to visit. (field trips, etc.) 

  1. Plan Alignment 

a. How will it best benefit an underserved community? 

  1. How does it align with the new comprehensive plan? 

  1. Given a master plan has not yet been developed, what are the next steps and how will be best fit community needs. 

 

  1. Larkin Property Master Planning: A work session with Architectural Partners related to Master Planning is being considered for either Tuesday, August 1st or Wednesday August 2nd. BOS input on these dates is requested. 

 

  1. NCSA Rate Increase: The Nelson County Service Authority held its public hearing on proposed rate increases on June 15th with the new rates being adopted as advertised and effective July 1, 2023. The new rate schedule is available upon request. 

 

  1. Courthouse Complex Trees Evaluation: Paul Truslow is having several tree specialists (arborists) evaluate and make recommendations regarding the health of trees on the Courthouse lawn. Of particular concern are the large pin oak at the right-hand corner of the entrance road and the sugar maple on the opposite side (left-hand) of the entrance road. These evaluations and recommendations will be shared with the Board for consideration at a future meeting. 

 

 

Board Report There were no board reports. 

   

Appointments: The following appointments were approved unanimously: Charles Strauss was appointed to the Nelson County Library Committee for Central District. Jesse Rutherford agreed to be the board member to the Agricultural and Forestal District Advisory Committee and Ernie Reed agree to assume the citizen membership position. 

  Correspondence: Robert Barton moved to approve the purchase of a defibrillator at a cost not to exceed  $3,000 for the Gladstone Senior Center. The motion was tabled until the August 8, 2023 meeting and Candace McGarry was requested  to look into the cost of the defibrillator.  

 

Directives: Robert Barton that he had received complaints that the Gladstone Dumpster (which is unmanned) is a mess due to improper dumping. The source of the dumping may be  from outside Nelson County. Jesse Rutherford will contact Amherst regarding possible cooperation to resolve the problem and the matter was tabled. Ernie Reed requested a working meeting of the board to address costs estimated for the social services space.  

 

 

7:00 P.M. – NELSON COUNTY COURTHOUSE 

 

 The meeting was called to order at 7:00pm All Supervisors were present except David Parr,  

 

No one offered public comments.  

III. PUBLIC HEARINGS 

A. Ordinance O2023-05 – Amendment to Chapter 11, Taxation, Article II Real Property Tax 

Consideration of an ordinance proposed for passage to amend Chapter 11, Taxation, Article II, Real 

Property Tax. The proposed amendments would provide for real property tax relief for they surviving 

spouse of any United States armed forces member killed in action. Additionally, the amendments would 

provide for real property tax relief for any veteran who has a 100 percent service-connected, permanent, and total disability, and would also allow a surviving spouse to be eligible to qualify for the exemption. These provisions have been enabled by State Code; however, have not been provided for in the County Code. The county has been treating the proposed ordinance as though it had been passed.   

 

No one appeared for the public  hearing . The ordinance passed  unanimously with the amendment as to appeals. * See below for full language. 

 

B. Review of Special Use Permit #2017-01 – “Festival Grounds” (R2023-49) 

Consideration of a review of existing Special Use Permit 2017-01 requesting County approval to use specified subject properties for a “Festival Grounds” land use. The application involves a total of seven (7) subject properties located in the Arrington area of the South District, including: Tax Map Parcel #77-A-1, which is an approximately 390-acre parcel owned by Lockn, LLC; and Tax Map Parcels #67-4-18,#67-4-18A, #67-4-20, and #77-5-15, which are owned by The Estate of Rhonda Holland & JoAnn Nesson and which total 514.02 acres; and Tax Map Parcels #67-A-74A and #67-A-74B, which are a total of 70.8 acres owned by James Goodwin. All subject properties are zoned Agricultural (A-1) and total 974.82 acres. 

 

Motion was made and seconded to reapprove the Special Use Permit  without modifications. It was unanimously approved. 

 

IV. OTHER BUSINESS (AS PRESENTED) 

 

Motion was made to continue  the current meeting to Wednesday August 2nd, 2023 a work session with Architectural Partners related to Master Planning. It was unanimously approved.  The regularly scheduled August meeting is set for August 8, 2023. There was no other business and the meeting was adjourned.  

 

 

 

 

*by the Nelson County Board of Supervisors that the Code of Nelson 

County, Virginia, Chapter 11, Taxation, Article II is hereby amended as follows: 

New 

DIVISION 4. EXEMPTIONS FOR VETERANS AND/OR SURVIVING SPOUSE 

Sec. 11-68. Real property tax exemption for surviving spouse of any member of the armed forces of 

the Unites States who was killed in action. 

A. For tax years beginning on or after January 1, 2015, there is hereby exempted from taxation the real 

property described in subsection B of the surviving spouse (i) of any member of the armed forces of the 

United States who was killed in action as determined by the U.S. Department of Defense and (ii) who 

occupies the real property as his principal place of residence. For purposes of this section, such 

determination of "killed in action" includes a determination by the U.S. Department of Defense of "died of 

wounds received in action." If such member of the armed forces of the United States is killed in action after January 1, 2015, and the surviving spouse has a qualified principal residence on the date that such member of the armed forces is killed in action, then the exemption for the surviving spouse shall begin on the date that such member of the armed forces is killed in action. However, the county shall not be liable for any interest on any refund due to the surviving spouse for taxes paid prior to the surviving spouse's filing of the affidavit or written statement required by § 11-69. If the surviving spouse acquires the property after January 1, 2015, then the exemption shall begin on the date of acquisition, and the previous owner may be entitled to a refund for a pro rata portion of real property taxes paid pursuant to Va. Code § 58.1-3360. 

B. Those dwellings in the county with assessed values in the most recently ended tax year that are not in 

excess of the average assessed value for such year of a dwelling situated on property that is zoned as single family residential shall qualify for a total exemption from real property taxes under this article. If the value of a dwelling is in excess of the average assessed value as described in this subsection, then only that portion of the assessed value in excess of the average assessed value shall be subject to real property taxes, and the portion of the assessed value that is not in excess of the average assessed value shall be exempt from real property taxes. Single family homes, condominiums, town homes, manufactured homes as defined in Va. Code § 46.2-100 whether or not the wheels and other equipment previously used for mobility have been removed, and other types of dwellings of surviving spouses, whether or not the land on which the single family home, condominium, town home, manufactured home, or other type of dwelling of a surviving spouse is located is owned by someone other than the surviving spouse, that (i) meet this requirement and (ii) are occupied by such persons as their principal place of residence shall qualify for the real property tax exemption. If the land on which the single family home, condominium, town home, manufactured home, or other type of dwelling is located is not owned by the surviving spouse, then the land is not exempt. 

For purposes of determining whether a dwelling, or a portion of its value, is exempt from county and town real property taxes, the average assessed value shall be such average for all dwellings located within the county that are situated on property zoned as single family residential. 

C. The surviving spouse of a member of the armed forces killed in action shall qualify for the exemption 

so long as the surviving spouse does not remarry. The exemption applies without any restriction on the 

spouse's moving to a different principal place of residence. 

D. The exemption from real property taxes applies to (i) the qualifying dwelling, or the portion of the value of such dwelling and land that qualifies for the exemption pursuant to subsection B, and (ii) except land not owned by the surviving spouse, the land, not exceeding one acre, upon which it is situated. A real property improvement other than a dwelling, including the land upon which such improvement is situated, made to such one acre or greater number of acres exempt from taxation pursuant to this subsection shall also be exempt from taxation so long as the principal use of the improvement is (i) to house or cover motor vehicles or household goods and personal effects as classified in subdivision A 14 of § 58.1-3503 of the Va. Code and as listed in Va. Code § 58.1-3504 and (ii) for other than a business purpose. 

E. For purposes of this exemption, real property of any surviving spouse of a member of the armed forces 

killed in action includes real property (i) held by a surviving spouse as a tenant for life, (ii) held in a 

revocable inter vivos trust over which the surviving spouse holds the power of revocation, or (iii) held in 

an irrevocable trust under which the surviving spouse possesses a life estate or enjoys a continuing right of 

use or support. The term does not include any interest held under a leasehold or term of years. 

F. 1. In the event that (i) a surviving spouse is entitled to an exemption under this section by virtue of 

holding the property in any of the three ways set forth in subsection E and (ii) one or more other persons 

have an ownership interest in the property that permits them to occupy the property, then the tax exemption 

for the property that otherwise would have been provided shall be prorated by multiplying the amount of 

the exemption by a fraction that has 1 as a numerator and has as a denominator the total number of all 

people having an ownership interest that permits them to occupy the property. 

2. In the event that the principal residence is jointly owned by two or more individuals including the 

surviving spouse, and no person is entitled to the exemption under this section by virtue of holding the 

property in any of the three ways set forth in subsection E, then the exemption shall be prorated by 

multiplying the amount of the exemption by a fraction that has as a numerator the percentage of ownership interest in the dwelling held by the surviving spouse, and as a denominator, 100 percent. 

State law reference—Va. Code § 58.1-3219.9 

New 

Sec. 11-69. Application of exemption. 

A. The surviving spouse claiming the exemption under Section 11-68 shall file with the commissioner of 

the revenue on forms to be supplied by the county an affidavit or written statement (i) setting forth the 

surviving spouse's name, (ii) indicating any other joint owners of the real property, and (iii) certifying that 

the real property is occupied as the surviving spouse's principal place of residence. The surviving spouse 

shall also provide documentation from the United States Department of Defense or its successor agency 

indicating the date that the member of the armed forced of the United States was killed in action. The 

surviving spouse shall be required to refile the information required by this section only if the surviving 

spouse's principal place of residence changes. 

B. The surviving spouse shall promptly notify the commissioner of the revenue of any remarriage. 

State law reference—Va. Code § 58.1-3219.10 New Sec. 11-70. Exemption for disabled veterans and surviving spouse. 

A. For tax years beginning on or after January 1, 2015, there is hereby exempted from taxation the real 

property, including the joint real property of married individuals, of any veteran who has been rated by the U.S. Department of Veterans Affairs or its successor agency pursuant to federal law to have a 100 percent service-connected, permanent, and total disability, and who occupies the real property as his principal place of residence. If the veteran's disability rating occurs after January 1, 2011, and he has a qualified primary residence on the date of the rating, then the exemption for him under this section begins on the date of such rating. However, the County, shall not be liable for any interest on any refund due to the veteran for taxes paid prior to the veteran's filing of the affidavit or written statement required by § 11-71. If the qualified veteran acquires the property after January 1, 2011, then the exemption shall begin on the date of acquisition, and the previous owner may be entitled to a refund for a pro rata portion of real property taxes paid pursuant to Va. Code § 58.1-3360. 

B. The surviving spouse of a veteran eligible for the exemption set forth in this article shall also qualify for the exemption, so long as the death of the veteran occurs on or after January 1, 2011, and the surviving spouse does not remarry. The exemption applies without any restriction on the spouse's moving to a different principal place of residence. 

C. The exemption from real property taxes applies to the qualifying dwelling pursuant to this section and 

to the land, not exceeding one acre, upon which it is situated. If the veteran owns a house that is his 

residence, including a manufactured home as defined in Va. Code § 46.2-100 whether or not the wheels 

and other equipment previously used for mobility have been removed, such house or manufactured home 

shall be exempt even if the veteran does not own the land on which the house or manufactured home is 

located. If such land is not owned by the veteran, then the land is not exempt. A real property improvement other than a dwelling, including the land upon which such improvement is situated, made to such one acre or greater number of acres exempt from taxation pursuant to this subsection shall also be exempt from taxation so long as the principal use of the improvement is (i) to house or cover motor vehicles or household goods and personal effects as classified in subdivision A 14 of § 58.1-3503 of the Va. Code and as listed in Va. Code § 58.1-3504 and (ii) for other than a business purpose. 

D. For purposes of this exemption, real property of any veteran includes real property (i) held by a veteran 

alone or in conjunction with the veteran's spouse as tenant or tenants for life or joint lives, (ii) held in a 

revocable inter vivos trust over which the veteran or the veteran and his spouse hold the power of 

revocation, or (iii) held in an irrevocable trust under which a veteran alone or in conjunction with his spouse possesses a life estate or an estate for joint lives or enjoys a continuing right of use or support. The term does not include any interest held under a leasehold or term of years. 

The exemption for a surviving spouse under subsection B includes real property (a) held by the veteran's 

spouse as tenant for life, (b) held in a revocable inter vivos trust over which the surviving spouse holds the power of revocation, or (c) held in an irrevocable trust under which the surviving spouse possesses a life estate or enjoys a continuing right of use or support. The exemption does not apply to any interest held under a leasehold or term of years. 

E. 1. In the event that (i) a person is entitled to an exemption under this section by virtue of holding the 

property in any of the three ways set forth in subsection D and (ii) one or more other persons have an 

ownership interest in the property that permits them to occupy the property, then the tax exemption for the 

property that otherwise would have been provided shall be prorated by multiplying the amount of the 

exemption by a fraction that has as a numerator the number of people who are qualified for the exemption 

pursuant to this section and has as a denominator the total number of all people having an ownership interest that permits them to occupy the property. 

2. In the event that the primary residence is jointly owned by two or more individuals, not all of whom 

qualify for the exemption pursuant to subsection A or B, and no person is entitled to the exemption under 

this section by virtue of holding the property in any of the three ways set forth in subsection D, then the 

exemption shall be prorated by multiplying the amount of the exemption by a fraction that has as a 

numerator the percentage of ownership interest in the dwelling held by all such joint owners who qualify 

for the exemption pursuant to subsections A and B, and as a denominator, 100 percent. 

State law reference—Va. Code § 58.1-3219.5.  New Sec. 11-71. Application for Exemption Application for exemption. — The veteran or surviving spouse claiming the exemption under this article 

shall file with the commissioner of the revenue of the county, city, or town or such other officer as may be 

designated by the governing body in which the real property is located, on forms to be supplied by the 

county, city, or town, an affidavit or written statement (i) setting forth the name of the disabled veteran and the name of the spouse, if any, also occupying the real property, (ii) indicating whether the real property is jointly owned by married individuals, and (iii) certifying that the real property is occupied as the veteran's principal place of residence. The veteran shall also provide documentation from the U.S. Department of Veterans Affairs or its successor agency indicating that the veteran has a 100 percent service-connected, permanent, and total disability. The veteran shall be required to refile the information required by this section only if the veteran's principal place of residence changes. In the event of a surviving spouse of a veteran claiming the exemption, the surviving spouse shall also provide documentation that the veteran's death occurred on or after January 1, 2011. 

State law reference-Va. Code § 58.1-3219.6.  BE IT FURTHER ORDAINED, that this ordinance becomes effective upon adoption. 

Ann Mische