Board Of Supervisors Meeting Summary: April 9, 2024
APRIL 9, 2024 MEETING OF THE NELSON COUNTY BOARD OF SUPERVISORS
PRESENT: Supervisors Rutherford, Harvey, Parr, Reed and Ligon.
I. The meeting was called to order followed by a moment of silence followed by the Pledge of Allegiance.
II. PUBLIC COMMENTS: William Percy requested that the Board reconsider its decision rejecting camera speed monitors in school zones and consider alternative vendors for the service. He also asked the Board to review the article from the Richmond Times that he had forwarded to members of the Board that might be applicable to the Dillard Creek Water Project.
III. CONSENT AGENDA: the following Resolutions were unanimously approved.
A. Resolution – R2024-19 The January 9, 2024 Minutes were approved;
B. Resolution – R2024-20 Budget Amendment
C. Resolution – R2024-21 Recognition of Armand and Bernice Thieblot
Armand and Bernice Thieblot acquired over 600 acres of land in the Schuyler region of Nelson County, including portions of a former soapstone quarry which had once been actively mined but had fallen into use as a refuse dumpsite. The Thieblots dedicated over 20 years of their lives to reclaiming and restoring this land, eventually opening the Quarry Gardens, designated a Virginia Treasure by Governor Terry McAuliffe in 2016 as a site that serves to “preserve, protect, and highlight Virginia’s most important ecological, cultural, scenic and recreational assets as well as its special lands;” The Thieblots have each offered occupational and life skills training to individuals incarcerated at the Albemarle-Charlottesville Regional Jail. In January 2021, Armand Thieblot was appointed to the Nelson County Electoral Board, serving in the position of Chairman until his departure in March 2023. Bernice Thieblot also served three years as an Officer of Election for the Faber Precinct. During their tenure the Thieblots endeavored to support and sustain Nelson County’s standard of excellence in election administration;
“WHEREAS, Armand and Bernice are tremendous assets to this community through their endeavors as public servants and as private citizens;
WHEREAS, Armand and Bernice Thieblot truly exemplify the noble aim to leave a place better than when found and in doing so, inspire all of us to do the same;
NOW THEREFORE BE IT RESOLVED that the Nelson County Board of Supervisors, in recognition of the outstanding contributions of Armand and Bernice Thieblot, do hereby encourage all citizens to thank the Thieblots for their contributions and dedicated service to our community, wish them the very best as they embark on a new life in Texas, and honor them by perpetuating their legacy of service and support for our neighbors.”
D. Resolution – R2024-22 Public Safety Telecommunicators Week:
“NOW THEREFORE BE IT RESOLVED, that the Nelson County Board of Supervisors declares the week of April 14-20, 2024 as National Public Safety Telecommunicators Week in Nelson County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe.”
E. Resolution – R2024-23 Animal Care and Control Appreciation Week:
“NOW, THEREFORE, the Nelson County Board of Supervisors does hereby recognize April 14- 20, 2024, as ANIMAL CARE AND CONTROL APPRECIATION WEEK in Nelson County, and we call this observance to the attention of our citizens.”
F. Resolution – R2024-24 April is Fair Housing Month:
April is Fair Housing Month and marks the 56th anniversary of the passage of the federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988.) The Fair Housing Act provides that no person shall be subjected to discrimination because of race, color, national origin, religion, sex, disability, or familial status in the rental, sale, financing or advertising of housing) and the Virginia Fair Housing Law also prohibits housing discrimination based on elderliness). The Fair Housing Act supports equal housing opportunity throughout the United States. Fair housing creates healthy communities and housing discrimination harms us all”
“NOW THEREFORE BE IT RESOLVE that the Nelson County Board of Supervisors supports equal housing opportunity and seeks to affirmatively further fair housing not only during Fair Housing Month in April, but throughout the year.”
G. Resolution – R2024-25 April is Child Abuse Prevention Month:
Preventing child abuse and neglect is a community problem that depends on involvement among people throughout the community. Child maltreatment occurs when people find themselves in stressful situations, without community resources, and don’t know how to cope. The majority of child abuse cases stem from situations and conditions that are preventable in an engaged and supportive community. All citizens should become involved in supporting families in raising their children in a safe, nurturing environment. Effective child abuse prevention programs succeed because of partnerships created among families, social service agencies, schools, faith communities, civic organizations, law enforcement agencies, and the business community.
“NOW THEREFORE BE IT RESOLVED that the Nelson County Board of Supervisors do hereby recognize April as Child Abuse Prevention Month and call upon all citizens, community agencies, faith groups, medical facilities, and businesses to increase their participation in our efforts to support families, thereby preventing child abuse and neglect and strengthening the communities in which we live.”
IV. RESOLUTION – RECOGNITION OF SUSAN HUFFMAN (R2024-26): Adopted unanimously.
“Susan Huffman has retired as of March 31, 2024, after serving Nelson County for nearly 10 years as the librarian and branch manager at Nelson Memorial Library. Ms. Huffman guided the library through a major renovation and expansion to the building which doubled the size of the library, all while maintaining service to the citizens of the County. Ms. Huffman brought together the Grow Nelson Library fundraising group that supported the library expansion with a new collection of books and materials, and continues to provide support for special projects. Ms. Huffman has continued to find ways to provide 24/7 library access to the County with the addition of a holds locker located on the exterior of Nelson Memorial Library, a newly added book kiosk in Nellysford, a bookmobile, and an Outreach vehicle to bring story times and programming to the County. With the support of Grow Nelson Library, Ms. Huffman brought a makerspace to the Nelson Memorial Library Business Center that includes: a laser engraver, vinyl cutter, poster printer, digital converter for VHS tapes as well as film scanning, a Cricut, book scanner, sewing machine, and a laminator all for public use. Ms. Huffman pioneered the “Nelson Reads” program within both elementary schools, which has students read and rank books to select one winning children’s book each year. Ms. Huffman worked to bring Dolly Parton’s Imagination Library to Nelson, which provides children from birth to age five with one free book per month, mailed to their home to grow their very own library. Ms. Huffman has dedicated herself to our community and library in countless other ways.
“BE IT RESOLVED that the Nelson County Board of Supervisors wishes Susan Huffman continued health, happiness and prosperity upon her well-deserved retirement.”
V. PRESENTATIONS:
A. VDOT Report:
Mr. Brown from VDOT, addressed the ongoing litter pickup and said volunteer groups can contact VDOT for plastic bags and disposal instructions if they are interested in a volunteer projects. The Board and VDOT agreed to the following six year plan for Rustic Roads prioritized as follows:
North Fork Road
Spring Valley Road
Pigeon Hill Road
South Powell Island
Toms Lane
Wheeler Road
B. VDOT Secondary Six Year Plan Work Session (R2024-27): The Board agreed that a public hearing will be held to receive public comment on the proposed Secondary Six-Year Plan for Fiscal Years 2025 through 2030 in Nelson County and on the Secondary System Construction Budget for Fiscal Year 2025 in the General District Courtroom of the Nelson County Courthouse, 84 Courthouse Square, Lovingston, Virginia at 7:00 pm on Tuesday, May 14, 2024.
VI. CLOSED SESSION PURSUANT TO §2.2-3711 (A)(3): Supervisor Reed moved “that “that the Nelson County Board of Supervisors convene in closed session to discuss the following as permitted by Virginia Code Sections 2.2-3711(A)(3) - “Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body.”
The motion was seconded and unanimously approved.
VII. NEW & UNFINISHED BUSINESS
A. County and Schools Project Financing (R2024-28) was summarized by Davenport in the presentation below
B. Real Estate Tax Exemption Applications from:
1)University of Virginia Physicians Group /Stoney Creek Medical Building
2) University of Science and Philosophy/24 acres with 4 buildings and a cemetery were by unanimous vote tabled.
C. Lovingston Logo Usage Agreement (R2024-29
The logo may be in black and white or in the green shown herein.
D. Authorization for Public Hearing on FY25 Budget (R2024-30):
The Board voted unanimously that pursuant to §15.2-2503, and
§15.2-2506 of the Code of Virginia 1950 as amended that a public hearing on the FY25 Budget is hereby authorized to be held on Tuesday, June 11, 2024 at 7:00 PM in the General District Courtroom of the Courthouse in Lovingston, Virginia.
VIII. REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE
A. Reports
1. County Administrator’s Report:
A. Comprehensive Plan: The project’s website is www.Nelson2042.com. The Board held its public hearing on March 20th with consideration of proposed amendments to the draft plan as a result of the public hearings to be considered at the evening session. Staff has prepared an adoption resolution for the Board’s consideration. Following adoption of the plan, the next step is to consider proposed Zoning and/or Subdivision Ordinance amendments identified by Berkley Group as bringing the Ordinances in line with the adopted Comprehensive Plan.
B. Lovingston Front Street Sidewalk Improvements TAP Grant: This project is part of the draft Six Year Improvement Plan (SYIP) that will be considered for approval by the Commonwealth Transportation Board. The Lynchburg District Spring SYIP Public hearing meeting will start at 4:00 p.m. on Wednesday May 1, 2024, at 4303 Campbell Ave. Lynchburg, Virginia at the district office in the Ramey Memorial Auditorium. Formal public comment on the District’s projects, proposed to be included in the SYIP, will be accepted at the meeting. Written comments may also be submitted during the meeting, or they may be mailed or e-mailed to Six-YearProgram@vdot.virginia.gov afterwards and accepted until May 20, 2024.
C. Route 151 Through Truck Restriction: No Change, this task is being delegated from Administration to Planning and Zoning.
D. Lovingston System Water/Sewer Capacity Study: The Consultant has the needed data from NCSA, has completed the summary of their current water/sewer usage, have developed preliminary water/sewer demands for the former Larkin Property, and are consulting with GIS Staff on getting some additional data. Once all data is assembled, County and NCSA staff and CHA will meet prior to them issuing their report.
E. Savion/Wild Rose Solar Project: The Special Use Permit application is forthcoming on the Savion/Wild Rose Solar project proposed for the Gladstone area of the County. Staff and Mr. Payne met with Savion staff and their legal team for an initial siting agreement discussion. They will be providing the County with a proposed agreement in the next 1-2 weeks for review by County staff, Mr. Payne, and preferably two Board members (ideally Chair Parr and South District Supervisor, Dr. Ligon). The full Board would then review a final draft of the siting agreement and authorize a public hearing on the document. Work on the siting agreement is anticipated to be done concurrently with the SUP application’s progress through the Planning Commission to the Board; ideally culminating in concurrent public hearings held on each item.
F. Transfer of Funds from NCBA: The January 2024, NCBA approved transfer of funds to the County of $300,000 has occurred. The funds have not yet been appropriated for use within the FY24 General Fund budget; however, they can be appropriated either for a specific purpose as directed by the Board or to the County’s Non-recurring contingency. If not appropriated for use within the FY24 budget, these funds will become part of the General Fund balance (reserve).
G. VDOT reported they are considering an improvement to the right turn lane Northbound at Route 29 and Oak Ridge Road (Route 653), which would include lengthening and realigning the right turn lane to accommodate increased traffic and improve visibility.
H. Heritage Center: the loans have closed and agreements should be available for review in one to two week
2. Board Reports:
Jesse Rutherford reported that he has been made aware that after Hurricane Camille a number of maintenance agreements with VDOT for by-right right of ways were abandoned regarding private roads that have caused issues for the legacy owners and the county. Schuyler has 5G cell service.
David Parr reported that Division of Social Services has hired five new employees and the increase in energy and moral in the department is apparent.
B. Appointments: no applicants yet for the list below.
C. Correspondence: none
D. Directives: none
IX. THE MEETING WAS ADJOURNED AND CONTINUED TO THE EVENING SESSION AT
EVENING SESSION 7:00 P.M.
PRESENT: Supervisors Rutherford, Harvey, Parr, Reed and Ligon.
I. CALL TO ORDER
II. PUBLIC COMMENTS: none
III. 2042 COMPREHENSIVE PLAN (R2024-31):
The Planning Commission conducted a public hearing for the Nelson 2042 Comprehensive Plan
Update on January 31, 2024. At their regular meeting on February 28, the Planning Commission recommended approval (6-0) with several amendments. The Board of Supervisors held a public hearing on March 20, and will review Planning Commission’s recommendations along with comments received at the public hearings. Dylan Bishop, on behalf of the Planning Commission presented the following proposed changes to the Comprehensive Planned based on feed back at the most recent two public hearings. A summary of recommendations is provided below.
PC Recommendations as presented by Berkley Group (Policy Related Amendments):
1. Remove Montebello from Rural Destination Land Use Category
Delete from Future Land Use Map
Delete Description on page 41
2. Add a Strategy to Land Use Chapter
Discourage the use of large-scale development in Montebello through zoning
Other PC Recommendations (Editorial Corrections):
3. Page 32, Table 3.1 – Check boxes for steep slopes and floodplain for Montebello
4. Page 149, Local Assets – Add Priest and Three Ridges Wilderness areas, and access to primitive recreation
5. Page 67 – Indicate that railway runs through the County but doesn’t currently serve its residents
6. Page 90, Housing Quality and Maintenance – remove “…, and 39% of homes are considered
vacant. This is relatively high compared to the statewide vacancy rate of 11%.”
7. Page 171 – Tuckahoe Clubhouse “Serves as the community center for the Wintergreen area…”
8. Page 172 – Sentara does not offer dermatology
9. Glossary – definition of “easement” should be “conservation easement”
10. Add a definition for “by-right” to the Glossary (see #13 below)
Additional Recommendations Following Public Hearings:
11. Page 44, Core Concept – “Prioritize protection of rural landscape, moderate small-scale village-style mixed use development, restoration and connectivity, efficient and effective provision of community services, and improved quality of life.” (Note: There are definitions in the Glossary for ‘small-scale commercial development,’ small-scale multi-family residential development,’‘mixed use,’ and ‘traditional neighborhood development’ which includes ‘village-style development.)
12. Page 218, Glossary – “Small-Scale Multi-Family Residential: Housing options such as apartments, duplexes, triplexes, or townhomes that are developed in a way to have a small impact to the surrounding area in regard to such things as traffic volume, noise, lighting, viewshed, etc. Small scale multi-family residential should be developed using the same amount of land coverage as a single-family dwelling.
13. Proposed definition for “by-right” – “A use permitted or allowed in the district involved, without review by the governing body, and complies with the provisions of these zoning regulations and all other applicable local, state and federal ordinances and regulations.”
14. Pages 73-75, Table 4.1 and Map 4.8, Recommended Priority Transportation Projects – Add three additional projects including (1) Roundabout at Route 151 and Tanbark Drive, (2) Turn Lane Improvements at Route 151 and Rockfish School Lane, and (3) Turn Lane Improvement at Route 151 and Mill Lane. (These projects have been identified in the recently released Route 151 Corridor Study and are slated for this round of SmartScale applications.)
The Board after a few clarifying questions voted unanimously as follows:
“WHEREAS, Section 15.2.2223 of the Code of Virginia, as amended, requires that localities prepare and recommend a comprehensive plan for the physical development of the territory within its jurisdiction” and review that plan every five years;
WHEREAS, consistent with the County’s ongoing obligation to review its Comprehensive Plan, the Nelson County Planning Commission and Board of Supervisors reviewed the Comprehensive Plan for Nelson County; and
WHEREAS, the Nelson 2042 Comprehensive Plan update draws on community input from outreach efforts including a public survey, community workshops and focus group meetings; and
WHEREAS, the Nelson County Planning Commission and Board of Supervisors held a kick-off joint work session on May 31, 2022, to develop the draft Comprehensive Plan and met six times to draft the Comprehensive Plan; and
WHEREAS, a public open house was held by the Planning Commission and the Board of Supervisors on August 29, 2023, to present the draft amendments to the County’s Comprehensive Plan; and
WHEREAS, the Planning Commission held a joint public hearing on January 31, 2024, after notice in accordance with Section 15.2-2204 of the Code of Virginia, and heard citizen testimony regarding the proposed amendments to the Comprehensive Plan; and
WHEREAS, pursuant to the Code of Virginia § 15.2-2223, the Planning Commission finds that the proposed draft Nelson 2042 Comprehensive Plan will provide a coordinated, adjusted and harmonious development of the territory which will, in accordance with present and probable future needs and resources, best promote the health, safety, morals, order, convenience, prosperity, and general welfare of the inhabitants.
NOW, THEREFORE, BE IT RESOLVED that on this 09th day of April, 2024, that the Nelson County Board of Supervisors, pursuant to Code of Virginia § 15.2-2226, does hereby approve the Nelson 2042 Comprehensive Plan as amended (see Planning Commission recommendations above).
BE IT FURTHER RESOLVED that upon adoption by the Board of Supervisors, the Nelson 2042 Comprehensive Plan will supersede and replace, in their entirety, the previously adopted Comprehensive Plan of Nelson County, Virginia (adopted 2002).
BE IT FURTHER RESOLVED that the Board of Supervisors authorizes County staff to make nonsubstantive edits, including correction of punctuation, numbering, internal cross-references, citations to any statutes, and any related clerical-type changes to the text and exhibits as necessary to ensure internal consistency of the newly adopted Comprehensive Plan elements and, add language as may be necessary for clarification of information and correct any factual errors.
AND BE IT FURTHER RESOLVED that the Board of Supervisors authorizes County staff to include the attached authorized amendments to the draft Comprehensive Plan, Nelson 2042, as a result of the January 31, 2024 Planning Commission public hearing and the March 20, 2024 Board of Supervisors’ public hearing.”
IV. OTHER BUSINESS (AS PRESENTED): None
V. THE MEETING WAS ADJOURNED AND CONTINUED TO APRIL 11, 2024 AT 4:00 PM FOR A WORK SESSION BUDGET MEETING.