Summary of the Board of Supervisors Meeting February
REPORT OF THE NELSON COUNTY BOARD OF SUPERVISORS
FEBRUARY 10, 2026 AT 2:00 P.M
PRESENT: Supervisors Jesse Rutherford, A. Cameron Lenahan, Jessical Ligon, Ernie Reed, and David Parr
ALL REFERENCED DOCUMENTS IN THE BOARD OF SUPERVISORS’ (BOS) PACKET can be found by going to https://www.nelsoncounty-va.gov/government/board-of-supervisors/, clicking on the calendar, February 10, 2026 and clicking on the 2:00 meeting announcement. It will be on left side of the page, 3rd item listed just above the agenda.
I. CALL TO ORDER: The meeting was called to order by Supervisor Ligon. There was a moment of Silence followed by the Pledge of Allegiance.
II. PUBLIC COMMENTS:
Robin Hauschner: The attached comments are the word for word letter sent to the Board of Supervisors prior to the meeting. Mr. Hauschner summarized the letter in the three minutes allocated for his public comment. The letter seemed important enough to be attached verbatim.
“I write today as a concerned citizen wishing to address matters that will assuredly have an impact on the physical and economic security of your constituents. Project Hercules, the hyperscale data center approved for construction in Appomattox, VA, will drastically increase the load on local electrical infrastructure. The existence of this facility, based on pursuant information, could materially increase the risk of widespread power outages and associated health and economic harm to Nelson County residents.
On November 5th, 2025, twelve members of Congress of the United States addressed PJM Interconnection LLC (PJM) via letter. This letter urged PJM to adopt more direct, mandatory measures for curtailing data center consumption during periods of great stress on the grid following their backtracking at the behest of corporate stakeholders. It was indicated that data centers are a primary contributor to an emerging energy crisis and that more significant measures should be taken to protect the households within their territory.
On January 14th, PJM released its 2026 load forecast report, indicating a 10-year expected annual load growth of 5.4% for Summer loads and 5.1% for Winter loads in the Dominion territory. Data centers like Project Hercules are a leading cause for this load growth, as indicated by both Congressional and PJM public statements.
On January 16th, PJM released a Board Decisional Letter on Critical Issue Fast Path (CIFP) for large load additions. It contained guidance for voluntary measures to reduce the possibility of electrical blackout scenarios that are currently projected by PJM to begin in June of 2027 as well as a directive to enhance the quality of the annual forecast report. It did not contain guidance for mandatory curtailment during these periods. Further, it is outlined in this board letter that institutions such as Central Virginia Electric Cooperative (CVEC) would be responsible for deciding how to reduce load during high-stress periods on the grid.
“Ultimately, the determination of which loads are curtailed during emergency conditions rests
with TOs, and with LSEs that have direct relationships with their customers. PJM does not have
authority to direct individual retail loads to curtail demand. However, PJM will establish an
allocation framework whereby TOs and LSEs have advanced notification of the potential
magnitude of load reductions that may be required under such conditions. PJM intends to
explore how to design curtailment allocations based on the contributions of any shortfall to
PJM’s required reserve margin.”
Based on the language of this letter to stakeholders, responsibility for curtailment allocations lies with the LSE, or CVEC as it applies to Nelson County and Project Hercules. Language from CIFP was altered to a voluntary “Bring Your Own New Generation” plan (BYONG), which would not recommend mandatory curtailment of load draw by LSEs on data centers.
If load-shed guidance in the PJM framework is proportional, an additional 300mW load could drastically increase PJM directives for how much load CVEC has to shed. With electricity cut to consumer households, elderly residents would be unable to power their medical devices, families would not have access to running water, and HVAC would be unavailable to our most vulnerable residents during periods of greatest risk to their well-being.
In a best-case scenario, the impact of additional load introduced by this data center will be limited to increases in the electrical bill of households across the county, forcing Nelson County residents to subsidize the construction and consumption of a facility in Appomattox.
It is my adamant belief that the Board of Supervisors should take these concerns seriously and act with the well-being of their community in mind. With that stated, I would propose actionable items to address the needs of the community.
Seek additional transparency into CVEC negotiations with AVAIO for their load servicing. Will AVAIO be required to curtail grid usage during high-stress periods, or is this being left as a voluntary, “the market will fix it”, solution? If the latter, the BoS should advocate for more strict curtailment guidelines; we cannot ask the data center to reduce load, we must make them.
Direct resources to determine realistic scenarios for how much CVEC would be required to shed in a high-stress period based on the existing PJM framework. If PJM needs to shed 5%, what would CVEC be required to shed based on their PJM load contribution currently, in a 50mW load addition scenario, and in a 300mW load addition scenario? Preparation for these scenarios would allow for strategic prevention planning and could save the lives of elderly residents and other vulnerable populations in Nelson County and elsewhere across CVEC territory.
Advocate with PJM, Appomattox County BoS, the SCC, CVEC, and AVAIO to ensure the safety of communities in periods of environmental uncertainty. Make sure that the cost of this installation is not borne by the residents of Nelson. Expansion of capacity without enforceable demand-reduction safeguards is not acceptable.
It is with great sincerity that I thank you for your time and consideration of this important matter. The residents of Nelson County have elected you to be advocates for our well-being and to keep our basic needs at the center of discussion. Please use your standing as representatives to further this advocacy.”
2. Stephen Bayne: Mr. Bayne addressed the tables provided by the county administrator regarding the new property assessments and the effect different tax rates using those assessments would have county on revenue. He pointed out that keeping the .50 rate would result in holding the aggregate tax revenue generated from real property level. He felt that the failure to report the .50 rate tax revenue showed a lack of transparency.
III. CONSENT AGENDA: The attached resolutions were unanimously approved:
A. Resolution – R2026-05 Minutes for Approval:
“RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board meetings conducted on March 18, 2025 and January 28, 2026, be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.”
B. Resolution – R2026-06 Budget Amendment
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 $108,862.43 include requests of (1) $41,389.80 request to reappropriate the FY23 balance of Forest Sustainability Funds (from fund balance); (2) $66,000.00 appropriation requested for GO VA Wine Industry Implementation Grant funds from Central VA Partnership for Economic Development; and (3) $1,472.63 appropriation requested for Sheriff's DEA Task Force Grant funding for December 2025. The total appropriation request for this period is below the 1% of expenditure budget limit of $1,003,470.82 for February. Following approval of these expenditures, the balance of Recurring Contingency will be $26,469.04. The balance of Non-Recurring Contingency will be $424,285.03.
IV. PRESENTATIONS
VDOT Report: Mr. Robert Brown reported from VDOT that due to the snow/ice storm, VDOT had been busy with snow/ice removal and unable to get to planned maintenance. The Board thanked VDOT for its hard work and successful clearance of the county roads. Supervisor Rutherford pointed out that there is a driveway on River Road (11944) which emits a steady stream of water during and after precipitation and that frozen stream had created a serious ice hazard from the last storm. Mr. Brown said he would investigate.
2026 Reassessment Analysis #2: Candy McGarry presented the power point below to demonstrate the impact on county revenue using the most recent assessment and a tax levy of .65/$100 and .57 /$100. She concurred with Mr. Bayne that a tax rate of .50/per $100 would keep the revenue from the property taxes level with the current year. She indicated that the administrators office intended to present a draft total budget for the Board’s meeting on March 10, 2026. Mr. Rutherford asked Ms. McGarry to look into the current and proposed new tax rates in Augusta and Amherst counties.
3. FY27 Department Budget Requests
1. Information Systems – Susan Rorrer reported that the draft budget request was largely unchanged from last year and that any increases were the result of the 911 call center expenses and the increased cost of internet services. A grant had been obtained for $350,000 which was being used to refurbish the office with new carpet and new furniture.
2. Planning & Zoning – Dylan Bishop reported that Planning and Zonings proposed budget was essentially the same as last year’s. There has been a problem in getting yards with abandoned appliances, vehicles, etc. cleaned up because in many cases the property owners are disabled, and/or poor, and/or elderly and simply cannot comply with the “junk yard” regulations. She wouldlike to institute a grant program to help offset the cost of cleanup including waiving “tipping fees” for the needy. Supervisor Lenahan suggested using “convict labor’ to help with the clean-up. Ms. Bishop indicated her office was already exploring that possibility. On the subject of revenue, Ms. Bishop said that she had been exploring the fees charged for zoning approval in other counties and found Nelson to be on the low side. She further suggested charging a user fee on short term rentals as well as the existing charge for a license. She is requesting with the full concurrence of the Board, maps from the Berkley Group showing where existing construction and planned construction will be so that the impact of the taxes and fees can be fully assessed.
3. Animal Control – Kevin Wright: reported that the proposed 26-27 budget is substantially the same as the 2025-2026 budget. The increases are largely for phones and internet. Supervisor Lenahan asked if the “dog tax” results in a lot of work with little return. Mr. Wright agreed but he and Ms. McGarry reminded the Board that the “dog tax” is mandated by statute. Supervisor Ligon as a practicing veterinarian, reported that if Nelson used the same software as neighboring counties for veterinarians to report vaccinations of dogs that live in Nelson but vaccinated outside the county, those reports would result in more tax revenue for Nelson.
V. NEW & UNFINISHED BUSINESS
A. Nelson County Recreation Foundation Updates: As of December 29, 2025, no applications to be on the foundations board had been received from the Central or East districts. The Board membership was selected from the applications that had been received and it is felt that the individuals selected are highly qualified and motivated. The list of selected applicants appears below. The Foundation is now applying for 503(c) status as a non-profit.
B. Real Estate Tax Exemption Application – Synchronicity Foundation (R2026-07): The Board voted 4-1 to adopt the resolution set forth below. Supervisor Parr said that his questions regarding the history of the previous tax exemption had been answered but he did not elaborate. Supervisor Lenahan who voted against the resolution stated that he did not believe that a center for meditation qualified for a religious exemption.
“RESOLVED, pursuant to and in accordance with the applicable provisions of §58.1- 3605 and §58.1-3651 of the Code of Virginia, 1950 as amended, and Sec. 11-185 of the Code of the County of Nelson Virginia, the Nelson County Board of Supervisors hereby approves the triennial real estate tax exemption application submitted by Synchronicity Foundation, Inc. as presented.”
C. Authorization for Public Hearing to Amend Chapter 2, Article III, Sec. 2-74 Local Emergency (R2026-08):
The requested amendment would make the following changes to the existing ordinance and bring it into compliance with the enabling statute:
Sec. 2-74. Declaration of local emergency.
(a) A local emergency as defined in Section 44-146.16(6), Code of Virginia, as may be declared by the director of emergency services with the consent of the board of supervisors. If the board of supervisors cannot convene due to the disaster, the director or any member of the board of supervisors, in the absence of the director, may declare the existence of a local emergency, subject to confirmation by the entire board of supervisors at a special meeting within five (5) days of the declaration board of supervisors at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. The board of supervisors, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency.
(b) A declaration of a local emergency shall activate the response and recovery programs of all applicable local and interjurisdictional emergency operations plans and authorize the furnishing of aid and assistance thereunder.
(c) The director, following such declaration, shall notify the state department of emergency services that all local resources have been committed in the disaster and that assistance may be requested from the state. (Ord. of 6-8-76(1), § 3)State law reference(s)—Similar provisions, Code of Virginia, § 44-146.21.
The Board voted unanimously to authorize the necessary public hearing as set forth below:
AUTHORIZATION FOR PUBLIC HEARING TO AMEND CHAPTER 2, ADMINISTRATION, ARTICLE III, EMERGENCY SERVICES, DIVISION I, SECTION 2-74 DECLARATION OF LOCAL EMERGENCY
RESOLVED, by the Nelson County Board of Supervisors pursuant to and in accordance with the provisions of 15.2-1427 of the Code of Virginia, 1950 as amended, that the County Administrator be and is hereby authorized to advertise a public hearing notice for the conduct of a public hearing on Tuesday, March 10, 2026 at 7:00 p.m. in the General District Courtroom of the Courthouse in Lovingston. The purpose of the public hearing is to receive public comments on an Ordinance proposed for passage to amend Chapter 2, Administration, Article III, Emergency Services, Division I, Section 2-74 Declaration of Local Emergency. Proposed amendments to Section 2-74 (a) would align the County Code with the Code of Virginia 44- 146.21, allowing for the Board of Supervisors to confirm a local emergency declaration at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first.
VI. REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE:
A. Reports
Before giving her Board report, Ms. McGarry and Supervisor Rutherford reported that VDOT will hold a public hearing on the design of the proposed new sidewalk construction plans in Lovingston on February 25 from 4:00 to 6:00 pm. The format will be that of an open house.
1. County Administrator’s Report: County Administrator’s Report for February 10, 2026 Board Meeting.
A. DSS Building Project: No Change. Sitework including installation of stormwater management systems, electrical and data conduit installation, and retaining wall form work continues on site. County Admin. Staff, BCO Marrs, and Jeff Brantley have been working with PMA, Timmons, Lovingston Fire Dept., and NCSA to finalize fire protection design elements before the building footers and slab are poured.
B. Department of Social Services: Advisory Board Member appointments and contact information was sent to VDSS. VDSS has emailed members with credentials and links to complete new board member training within 60-90 days; with an initial meeting date to be determined once training is complete.
C. 2026 Reassessment: Board of Equalization Department of Taxation training has concluded and members have been certified by the State; pending appointment by Circuit Court order. Thereafter, they will set their hearing schedule for release to the public and will begin hearing assessment appeals.
D. Transfer Station Tipping Floor Replacement: The project Invitation to Bid has been issued with bidding documents available February 11 th . The proposed schedule of work is as follows:
Optional Pre-bid meeting – February 17, 2026
Receive Sealed Bids – March 4, 2026 at 2pm
Award Contract – March 18, 2026 at a continued or called meeting of the BOS
Complete Construction – May 31, 2026
An MOU has been executed with Amherst County for solid waste disposal at their landfill during the project construction period.
E. Former Larkin Property Test Wells: Local well driller contact information has been provided to CHA, the County’s engineering consultants, to gather pricing information for potential inclusion in the FY27 CIP for the Board’s consideration.
F. Cover the Caboose Project: Inclement weather has delayed a Madison Heights firm, Cascio and Sons Construction from coming on site to provide a quote; however, they will be providing an estimated cost range by mid-week and will provide a refined quote after coming on site next week.
G. Space Needs Follow Up: Nelson Center Managers are finalizing the requested financial information and possible short or long-term options from the School Division remain pending.
H. NCSA Lovingston Sewer Rehabilitation Project: County staff and NCSA reviewed an update to the project’s Preliminary Engineering Report, which includes expansion of the scope of work and new cost projections to include 10 additional manholes that have now been located within the project area, as well as other issues identified through use of CCTV cameras of the system in May 2025. Two alternative scopes with probable costs of $4,115,000 and $5,545,000 have been provided with $2,235,000 being the estimated cost of the original project scope. Project engineers, NCSA staff, and County staff are working with USDA/RD on how best to address this, either within the original budget, completing the most critical elements or obtaining an expanded loan from USDA/RD. Future presentation of this subject in detail is anticipated in the near future.
I. Seven Stars Music Festival: Festival organizers have announced 2026 festival dates of October 9-11 for a similar sized event as in 2025 and have issued a press release that includes estimated economic benefits to the County and region. (see attached).
J. Meals and Lodging Tax Collection & Lodging Entity Tracking: See Attached Charts - # of Lodging Units went from 833 to 838. TOT taxes collected for the 2025 Calendar Year was $2,743,694.
K. Staff Reports: Department and office reports for January/February have been provided.
2. Board Reports:
Supervisor Rutherford did not make the TJDC meeting. He spoke with Delegates Amy Lauffer and Ellen McLaughlin regarding a hold “harmless period” of two years to allow jurisdictions who had higher scores on income and land value in the algorithm determining state funding for schools to adjust their budgets to accommodate the loss. The fallback position he espoused was one year as he did not hold out much hope for a two year moratorium on cuts to the state aid. Delegate McLaughlin said she would raise the issue with the House Budget Committee.
Supervisor Ligon met with the Planning Commission and had nothing to report.
Supervisor Reed met with the TJPDC on zoom and had nothing to report.
Supervisor Lenahan was only just appointed to his committees and had not met with them yet.
Supervisor Parr had met with the EMS board and had nothing to report.
B. Appointments: The vacancies on boards that are filled by the Board of Supervisors are set out below. Erin Loving was unanimously appointed to serve on the Library Advisory Committee for the East District.
C. Correspondence: None
D. Directives: Supervisor Parr wants to address the possibility of “Tire Amnesty” for disposing of four or more tires through the county. Supervisor Lenahan was concerned about the “shed” at the Rockfish “dump” and wanted to suspend donations and close the shed for three months. The rest of the Board wanted a report from the supervisor of the dump and said that compared to a few months ago, most of the problems seemed to be resolved.
VII. The Board moved into closed session. CLOSED SESSION pursuant to §2.2-3711 (A) (1), (A)(7) & (A)(8)
VIII. OTHER BUSINESS (AS PRESENTED): None
IX. The meeting was ADJOURNED AND CONTINUED to February 25, 2026 when the Board will meet with Davenport. No evening session was conducted.