Summary of the Board of Supervisors Meeting: August 2025
August 12, 2025 Summary of Board of Supervisors Meeting 2:00 pm
Present: Supervisors David Parr, Jennifer Ligon, Ernie Reed, and Jesse Rutherford
Absent: Supervisor Tommy Harvey
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, August 12, 2025 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. The meeting was called to order by Supervisor Reed. There was a moment of silence followed by the Pledge of Allegiance.
II. PUBLIC COMMENTS:
1) Mary Rineman: Raised the issue of sales houses unreasonably going to companies who are buying them to be Airbnb. According to one search, 1300 units of Airbnb housing are available in Afton alone and only 3 houses priced under $1,000,000 are currently available in Afton for sale. Airbnb’s are making affordable housing impossible to purchase. Please modify and put some teeth in our zoning so that any future short term housing applications be dealt with as a subordinate use. She realizes this would not affect Wintergreen and that units that are Airbnb under current zoning would have to be “grandfathered” in, but please take action.
2) Edith Napier: Ms. Napier introduced herself as the new chairperson of the board of directors of DSS as of July 1. She thanked the Board and the County Administrator for the efforts that are providing a new building and for the Board’s ongoing support. She pledged to be available for questions, comments, and concerns from the public and the Board of Supervisors, and to follow upon on the matters raised with appropriate staff and respond to the issues after investigating them in a timely matter. She asked that the Board and the Public show some leeway in timelines as it is more important to get the work done than to file reports although both are important. Ms. Napier said both she and her staff are human will certainly make some mistakes, but they are committed to doing a good job.
3) Daniel Rutherford, Nelson County Commonwealth Attorney: Mr. Rutherford provided the Board with copies of statewide data from July 23 to July 24. He vehemently reported his disappointment as Commonwealth’s Attorney of the failure of DSS to investigate 117 referrals for child abuse per the State data and noted only 37 referrals were actually accepted. Nelson County’s investigation numbers are significantly lower than our neighboring counties. The investigations by DSS initiated in response to complaints and the referrals to the Commonwealth’s Attorney from DSS have dropped significantly over the last four years. Mr. Rutherford stated that this drop off is not due to a failure of communication and that we need to protect our families and children.
III. CONSENT AGENDA: The following was unanimously approved to the Board of Supervisors:
A. Resolution – R2025-53 Minutes for Approval “...the minutes of said Board meetings conducted on December 10, 2024, July 8, 2025 and July 14, 2025 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings as amended to include Mr. Reid’s comments about the Board having insufficient time to review Katherine C. Rutherford’s application for a position on the Board of Directors of DSS.”
B. Resolution – R2025-54 FY25 Budget Amendment:
I. Appropriation of Funds (General Fund)
Amount Revenue Account (-) Expenditure Account (+)
$ 214.96 3-100-001901-0033 4-100-031020-3039
__________________
$ 214.96
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 $214.96 include (1) $214.96 requested for Sheriff’s FY25 Bedford MOU Southern VA Internet Crimes Against Children (ICAC) Overtime funding for May 2025. The total appropriation request for this period is below the 1% of expenditure budget limit of $989,163.73 for August.
C. Resolution – R2025-55 FY26 Budget Amendment:
I. Appropriation of Funds (General Fund) Amount Revenue Account (-) Expenditure Account (+)
$ 1,044.02 3-100-002404-0001 4-100-031020-5419
$ 173.54 3-100-002404-0001 4-100-031020-5419
$ 17,945.00 3-100-002404-0064 4-100-081020-7070
$ 4,000.00 3-100-001901-0060 4-100-999000-9905
____________________
$ 23,162.56
II. Transfer of Funds (General Fund Departmental)
Amount Credit Account (-) Debit Account (+)
$ 15,758.00 3-100-003303-0036 3-100-002404-0009
________________
$ 15,758.00
III. Transfer of Funds (General Fund Recurring Contingency)
Amount Credit Account (-) Debit Account (+)
$ 58,751.96 4-100-999000-9901 4-100-033010-6001
________________
$ 58,751.96
IV. Transfer of Funds (Debt Service Fund)
Amount Credit Account (-) Debit Account (+)
$ 298,566.54 4-108-095100-9150 4-108-095100-9122
_________________________
$ 298,566.54
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 $23,162.56 include requests of (1)(2) $1,044.02 and $173.54 appropriation requests for Sheriff's asset forfeiture funds received in FY26; (3) $17,945.00 appropriation is requested for FY26 Virginia Wine Board Grant funds; and (4) $4,000.00 appropriation is requested for a refund from the Thomas Jefferson Planning District Commission (TJPDC) for funds contributed in FY25 for the Regional Housing Study. The total appropriation request for this period is below the 1% of expenditure budget limit of $989,163.73 for August. Of the total appropriations this month, $4,000.00 (Item 4) of funds are being added to Non-Recurring Contingency.
II. 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. A General Fund Department Transfer in the amount of $15,758.00 is requested as follows:
(1) $15,758.00 is requested to transfer from the Victim Witness Program Federal revenue line item to the Victim Witness Program State revenue line item to properly account for the awarded FY26 grant funding.
III. 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 Recurring Contingency in the amount of $58,751.96 are reflected in (1) $58,751.96 to the Albemarle County Regional Jail (ACRJ) line item to cover the cost of the County's allocated debt service for FY26 agency funding. Following approval of these expenditures, the balance of Recurring Contingency will be $26,469.04. The balance of Non-Recurring Contingency will be $334,964.
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 between Debt Service Fund accounts in the amount of $298,566.54 are reflected in (1) $298,566.54 transfer from the Debt Service Reserve line to Interest (VRA2025B) DSS Building Project line item to cover the interest to be paid in FY26 on the permanent financing for this project.”
D. Resolution – R2025-56 Purdue Pharma & Sackler Family Opioid Settlement Participation: The Board of Supervisors unanimously approved the following Resolution:
“APPROVAL OF THE COUNTY’S PARTICIPATION IN THE PROPOSED DIRECT SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST THE SACKLER FAMILY, AND DIRECTING THE COUNTY ATTORNEY TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY’S PARTICIPATION IN THE SETTLEMENT
WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts the Commonwealth of Virginia and its counties and cities, including the County of Nelson, by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by Nelson County’s various departments and agencies; and
WHEREAS, the Commonwealth of Virginia and its counties and cities, including Nelson County, have been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of the Commonwealth and Nelson County; and
WHEREAS, a settlement proposal has been negotiated that will cause the Sackler family, the owners of the Purdue Pharma family of companies, to pay an aggregate of $6.5 billion dollars nationwide to resolve opioid related claims against them; and
WHEREAS, the County has approved and adopted the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (the “Virginia MOU”), and affirms that this pending settlement with the Sackler family shall be considered a “Settlement” that is subject to the Virginia MOU, and shall be administered and allocated in the same manner as the opioid settlements entered into previously with opioid distributors McKesson, Cardinal Health, and AmerisourceBergen, opioid manufacturers Janssen Pharmaceuticals, Teva Pharmaceuticals, and Allergan, and retail pharmacy chains CVS, Walgreens, Walmart, and Kroger;
WHEREAS, the County Attorney has reviewed the available information about the proposed settlement with the Sackler family and has recommended that the County participate in the settlement in order to recover its share of the funds that the settlement would provide;
NOW THEREFORE BE IT RESOLVED that the Nelson County Board of Supervisors, this 12th day of August, 2025, approves of the County’s participation in the proposed settlement of opioid-related claims against the Sackler family, and directs the County Attorney to execute the documents necessary to effectuate the County’s participation in the settlement, including the required release of claims against the Sackler family.
Opioid Settlement: Purdue Pharma L.P.
Rubris Reference Number: «=rubris_identifier»
The following notice was attached to the resolution and should be read CAREFULLY by any individuals in the County eligible to personally receive services/ funds from the settlement:
TO LOCAL POLITICAL SUBDIVISIONS: THIS NOTICE CONTAINS IMPORTANT INFORMATION ABOUT A NEW NATIONAL OPIOID SETTLEMENT.
PURDUE PHARMA L.P. & SACKLER FAMILY SETTLEMENT OVERVIEW
A proposed nationwide settlement agreement has been reached with Purdue (and certain of its affiliates) and the Sackler family concerning alleged misconduct related to opioids. The proposed settlement is being implemented in connection with Purdue’s bankruptcy proceedings, and consists of, among other things, a settlement of Purdue’s claims against the Sacklers and certain other parties (referred to as the “Estate Settlement”), and a settlement of direct claims against the Sacklers held by States, local governments and other creditors (the “Direct Settlement”, and together with the Estate Settlement, the “Settlement”). The Settlement contemplates that the Sacklers will be paying an aggregate of $6.5 billion in 16 payments over 15 years, including $1.5 billion on the settlement’s Effective Date (expected to be in 2026), though some amounts are subject to discounted prepayments. These amounts are in addition to amounts available from the Purdue estate including amounts available on the Effective Date (expected to be around $900 million) and amounts that may be paid in the future.
The Settlement also contains injunctive relief governing opioid dispensing practices and requires the successor-in-interest of Purdue Pharma L.P. to implement safeguards to prevent diversion of prescription opioids, and also restrict certain Sacklers from directly or indirectly engaging in the manufacturing or sale of opioids, as detailed in the Settlement.
The proposed settlement has two key participation steps now that all eligible states and territories elected to participate in the Direct Settlement. First, eligible subdivisions within each participating state decide whether to participate in the Direct Settlement. The Direct Settlement is documented in the Governmental Entity and Shareholder Direct Settlement Agreement, which is commonly referred to as the “GESA”. The more subdivisions that participate, the more funds flow to that state and its subdivisions. Any subdivision that does not participate cannot directly share in any of the Direct Settlement funds, even if the subdivision’s state is settling and other participating subdivisions are sharing in settlement funds. YOU MUST PARTICIPATE IN THE DIRECT SETTLEMENT BY RETURNING YOUR PARTICIPATION FORM IN ORDER TO RECEIVE THE BENEFITS OF THE SETTLEMENT.
Second, concurrently with the solicitation of eligible subdivisions to participate in the Direct Settlement, votes will be solicited for approval of Purdue Pharma L.P.’s bankruptcy plan, which plan will provide distributions in respect of the Estate Settlement. NOT ALL SUBDIVISIONS ELIGIBLE TO PARTICIPATE IN THE SETTLEMENT WILL RECEIVE PACKAGES TO VOTE ON THE PLAN. Please note that this is NOT a solicitation or a request for subdivisions to submit votes on the Purdue bankruptcy plan. This settlement package only pertains to a decision to participate in the Direct Settlement with the Sacklers. If you receive a package to vote on the plan you should follow the applicable instructions for voting.
PLEASE NOTE THAT VOTING ON THE PLAN IS SEPARATE FROM PARTICIPATION IN THE DIRECT SETTLEMENT. IT IS NOT NECESSARY TO VOTE ON THE PLAN IN ORDER TO RECEIVE THE BENEFITS OF THE SETTLEMENT.
WHO IS RUBRIS INC. AND WHAT IS THE IMPLEMENTATION ADMINISTRATOR?
The Direct Settlement provides that an Implementation Administrator will provide notice and manage the collection of participation forms. Rubris Inc. is the Implementation Administrator for the Direct Settlement and was also retained for the prior national opioid settlements.
WHY IS YOUR SUBDIVISION RECEIVING THIS NOTICE?
Your state has elected to participate in the Settlement, and therefore your subdivision may participate in the Direct Settlement. This notice is also being sent directly to counsel for such subdivisions if the Implementation Administrator has their information. If you are represented by an attorney with respect to opioid claims, please contact them. Subdivisions can participate in the Settlement whether or not they filed a lawsuit or are represented.
WHERE CAN YOU FIND MORE INFORMATION?
Detailed information about the Settlement, including each settlement agreement, may be found at: https://nationalopioidsettlement.com/purdue-sacklers-settlements/. This website will be updated to include information about how the Settlement is being implemented in most states and how funds will be allocated within your state. You are encouraged to review the terms of the settlement agreements and discuss the terms and benefits with your counsel, your Attorney General’s Office, and other contacts within your state. Your subdivision will need to decide whether to participate in the proposed Settlement, and subdivisions are encouraged to work through this process before the September 30, 2025 deadline.
HOW DO YOU PARTICIPATE IN THE SETTLEMENT?
The Settlement requires that you take affirmative steps to “opt in” to the Settlement. In the next few weeks, you will receive documentation and instructions from the Implementation Administrator. In order to participate in the settlement, a subdivision must sign and return the required documentation. Please add the following email addresses to your “safe” list so emails do not go to spam / junk folders:dse_na3@docusign.net and opioidsparticipation@rubris.com. Please monitor your email for the Participation Form and instructions.
All required documentation must be signed and returned on or before September 30, 2025.”
E. Resolution – R2025-57 Authorization for Public Hearing on Purchasing Policy: The Board unanimously approved the following Resolution:
“NELSON COUNTY BOARD OF SUPERVISORS AUTHORIZATION FOR PUBLIC HEARING TO AMEND ARTICLE I, IN GENERAL, SECTION 2-1 PURCHASING PROCEDURES AND POLICIES OF THE CODE OF NELSON COUNTY, VIRGINIA
“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, September 9, 2025 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 Article I, In General, Section 2-1, Purchasing Procedures and Policies of the Code of Nelson County, Virginia. The Ordinance proposed for passage would increase the County’s purchase order threshold from $2,500 to $5,000 and increase the capitalization threshold in fixed asset inventory from $5,000 to $10,000.”
IV. PRESENTATIONS:
Prior to the formal presentations reported herein, two new employees of the County government were introduced to the Board by Grace Mawyer: Faith Stevens: Administrative Asst.1 and permit technician as of August 11, 2025. She comes from the Department of Social Services and has an extensive background and qualifications.
Cody Barker: joined the planning office as of August 4th. He comes to Nelson from Albemarle County where he was a code compliance officer. His experience includes onsite inspections of residential and commercial construction projects to ensure compliance with local ordinances and code reviewed site plans. He has extensive additional experience, certifications, and education.
A. VDOT Report: Robert Brown delivered the VDOT Report. Regarding Route 617 -River Road, new pipe will be laid in starting August 18, 2025 and he hopes to have it completed it within 4 weeks. There will be road closures. In Gladstone, new pipe to be laid soon. Following a review of existing pipe in the County, VDOT is requesting more funds to replace old, damaged, and or corroded pipes in the part of the County east of route 29. Primary mowing should be completed shortly Secondary mowing is due to start shortly. Mr. Brown reported on proposed Route 151/6 roundabout as reflected in “Continued Support of Smart Scale Project – 151/6 Roundabout (R2025-58)” set forth below. One hundred and forty-eight people came to the public hearing regarding the proposed roundabout. There was limited opposition voiced in the written responses collected after the meeting or received in subsequent emails from the public.
Supervisor Rutherford asked about Schuyler trees that need trimming, He thanked Mr. Brown for the work that has been done, and inquired about the status of the Food Mart/Chicken Coop pipe repair replacement. Mr. Brown said it is on VDOT’S radar for repair or replacement but did not have as high a priority as some of the emergency situations VDOT is currently addressing.
Supervisor Ligon said she would have a lunch date with Mr. Brown to discuss the “Gladstone speed limit thing” and about other things.
Supervisor Parr: Thanked VDOT for addressing Saunder Brothers crossover. Another request for a speed study just came in regarding the road in front Saunder Brothers. He asked that VDOT please look at trees that need trimming on Napier Loop.
Supervisor Reed: thanked Mr. Brown for 45 mph sign recently installed at Rt. 6 and Adail road.
1. Continued Support of Smart Scale Project – 151/6 Roundabout (R2025-58): The following resolution was unanimously approved by the Board:
“NELSON COUNTY BOARD OF SUPERVISORS CONTINUED SUPPORT OF SMART SCALE PROJECT (UPC 23198) ROUNDABOUT AT INTERSECTION OF ROUTES 151 AND 6
WHEREAS, the Nelson County Board of Supervisors endorsed the submission of the 2024 Smart Scale application for the Route 6/ Route 151 Intersection Improvement Project to replace the uncontrolled T intersection with a single lane roundabout to reduce conflict points and improve capacity.
WHEREAS, the Commonwealth Transportation Board (CTB) approved funding for the Route 6/ Route 151 Intersection Improvement Project under Smart Scale.
WHEREAS, in accordance with the statutes of the Commonwealth of Virginia and policies of the Commonwealth Transportation Board, a Design Public Hearing was held for the above-mentioned project on Thursday May 22, 2025, between 4:00 p.m. and 6:00 p.m. at the Rockfish Valley Community Center on 190 Rockfish School Lane, Afton, VA 22920. The Public Hearing utilized an open forum with VDOT staff.
WHEREAS, the Design Public Hearing was well attended with 148 individuals signing the sign-in sheet, which is well above the Lynchburg District average attendees at a project public hearing. Since there were not enough brochures and comment sheets to accommodate all attendees, brochures and comment sheets were mailed to all who signed in on the next day, May 23, 2025. The comment period was also extended 10 days to provide an opportunity for citizens or organizations to provide comments and/or suggestions on the proposed project
WHEREAS, a total of 48 comments were received either at the public hearing, by mail, or email. Twenty (20) comments were provided at the public hearing, eighteen (18) were emailed and ten (10) were mailed by USPS. No media was present.
• Thirty-nine (39) support the project
• Six (6) oppose the project
• Three (3) are undecided
NOW THEREFORE BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby endorse the design of the Route 6/ Route 151 Improvement Project as presented at the May 22, 2025 Public Hearing.”
B. NCCDF/County Residential Project in Roseland (R2025-59): Margaret Claire, presenting for NCCDF, requested the Board to waive sewer connection fees for the duplexes under construction by NCCDF. She explained that grants and personal donations have provided sufficient funds for the construction of two two-bedroom duplexes (4 living units total) which will provide additional low cost/affordable housing. NCDC must complete the homes by the end of December 2025 per the terms of the grants. The properties will be rentals owned NCCDF. They have received 50 rental applications already. Supervisor Ligon expressed concern for the record that 4 more accounts would be added to the Piney River Sewer System which is already financially running in the negative.
Following the discussion, the Board unanimously approved the following resolution:
“PUBLIC SEWER CONNECTION FEE WAIVER FOR NELSON COUNTY COMMUNITY DEVELOPMENT FOUNDATIONDUPLEX HOUSING PROJECT IN ROSELAND
WHEREAS, the County has partnered with Nelson County Community Development Foundation (“NCCDF”) a non-profit agency, to complete an affordable housing project in Roseland, which will construct two duplexes on St. James Place, located within the service area of the County-owned Piney River Sewer System; and
WHEREAS, The Board of Supervisors has established priorities and associated implementation strategies based upon the Comprehensive Plan as follows:
CH 5 Creating Livable Communities
• Focus Area: Expanding Housing Opportunities
o Strategy Priority 3: 5.7 - Work with developers, non-profit agencies, and community groups
to preserve and increase the supply of obtainable housing.
• Focus Area: Support Livable Communities
o Strategy Priority 2: 5.11 - Target housing near the County’s existing growth areas where public utilities are available with a range of housing types and densities; and
WHEREAS, pursuant to the Code of Nelson County, Virginia, Article III, Division 10, Section 12-151, water and wastewater connection fees for the County-owned water and sewer system may be waived or reduced by the Board of Supervisors, where deemed in the County's best interest.
NOW THEREFORE BE IT RESOLVED, that in accordance with its established priority of Creating Livable Communities and associated strategies, and pursuant to Nelson County Code, Section 12-151, the Nelson County Board of Supervisors does hereby deem it in the County’s best interest to waive the sewer connection fees to the County-owned Piney River Sewer System, for the two duplexes being built on NCCDF property at St. James Place, for a total of four connections.”
C. Nelson County Emergency Operations Plan (R2025-60): Mr. Atkins presented the Operation Plan for Emergency Services. Appendices (details of the plan) are fluid and don’t require Board approval to make necessary changes. The Full Emergency Services Operation Plan is 339 pages. The summary of the plan is found at pages 145-159 of the 8-12-2025 BOS packet. A table of contents of the full plan appears on pages 138 to 143 of the 8-12-2025 BOS packet which can be found on the County website. The Board unanimously approved the following:
“NELSON COUNTY BOARD OF SUPERVISORS APPROVAL OF NELSON COUNTY’S EMERGENCY OPERATIONS PLAN AUGUST 2025
WHEREAS, the Board of Supervisors of Nelson County, Virginia recognizes the need to prepare for, respond to, and recover from natural and man-made disasters; and
WHEREAS, the County of Nelson has a responsibility to provide for the safety and well-being of its citizens and visitors; and
WHEREAS, the County of Nelson has established and appointed a Director and Coordinator of Emergency Services;
NOW, THEREFORE, BE IT HEREBY PROCLAIMED by the Board of Supervisors of Nelson County, Virginia that the Emergency Operations Plan as revised August 2025 is officially adopted;
IT IS FURTHER PROCLAIMED AND ORDERED that the Director of Emergency Services, or his designees, are tasked and authorized to maintain and revise as necessary this document over the next four (4) year period or until such time it be ordered to come before this Board.”
V. NEW & UNFINISHED BUSINESS
A. Authorization to Contract with Coleman-Adams - DSS Building Project (R2025-61): the Board unanimously approved the following:
“NELSON COUNTY BOARD OF SUPERVISORS RESOLUTION AUTHORIZING THE AWARD AND EXECUTION OF AN AGREEMENT FOR CONSTRUCTION OF NELSON COUNTY DEPARTMENT OF SOCIAL SERVICES
WHEREAS, in accordance with §2.2-4300 et seq. of the Code of Virginia, 1950 as amended, sealed bid were advertised and subsequently received on July 2, 2025, and opened publicly on July 3, 2025, for the project known as the Nelson County Social Services Building, and
WHEREAS, four sealed bids were received and evaluated, with the lowest responsive and responsible bidder being Coleman-Adams Construction, Inc.; and
WHEREAS, the consulting Architect, PMA Architecture. along with County staff, has evaluated the bid submitted by Coleman-Adams Construction, Inc. and has recommended its acceptance by the County;
NOW THEREFORE BE IT RESOLVED, by the Nelson County Board of Supervisors, the County Administrator, Candice W. McGarry, be and is hereby authorized to award and execute an agreement as approved by the County Attorney on behalf of Nelson County with Coleman-Adams Construction, Inc. for the construction of the Nelson County Nelson County Social Services Building, as recommended by County staff and the County’s Architect, PMA Architecture for a contract amount not to exceed $5,684,799.
BE IT FURTHER RESOLVED, that upon execution of the Agreement and the provision of all necessary documentation, such as a certificate of insurance and pay and performance bonds by Coleman-Adams Construction, Inc., the County Administrator, Candice W. McGarry, is authorized to issue Coleman-Adams Construction, Inc. a Notice to Proceed.”
The contract to be executed can be found on pages 162-169 of the BOS packet for 8-12-2025.
B. Authorization to Issue Purchase Order for DSS Building Furniture (R2025-62): the Board unanimously approved the following Resolution:
“RESOLUTION AUTHORIZING THE AWARD AND EXECUTION OF AN AGREEMENT WITH IMAGE BUSINESS INTERIORS FOR THE PROVISION OF FURNITURE AND ITS INSTALLATION IN THE NEW DEPARTMENT OF SOCIAL SERVICES OFFICE BUILDING
RESOLVED, by the Nelson County Board of Supervisors, the County Administrator, Candice W. McGarry, is hereby authorized to execute an agreement on behalf of Nelson County with Image Business Interiors (IBI), in the “not to exceed” amount of $305,191.84, for the provision and installation of furniture for the new Social Services office building, as recommend by PMA Architecture, and being within the furniture budget of $330,000.00. Procurement of said furniture is via OMNIA Partners, a public sector procurement consortium utilizing Carolina Business Furniture OMNIA Contract #R191813, Teknion OMNIA Contract #R240116, HON OMNIA Contract #R240117, Sit On It OMNIA Contract #R191803,and Studio TK OMNIA Contract #R191816.”
The itemized specifics of the contract to be executed can be found on pages 171-202 of the BOS packet for 8-12-2025.
C. Piney River Water and Sewer Rates: The Board for a variety of reasons compromised on option 3 (see below) for 4 years and instructed Ms. McGarrity to prepare a resolution including that plan for a public hearing. (See chart below). The rates, the start date (January 1, 2026), and the new connection fees need to be included in the proposed resolution. Ms. McGarry said her office will prepare the necessary Resolution and notice for a Public Hearing.
The full presentation of options presented to the Board can be found at pages 202-213 of the BOS packet for 8-12-2025
D. Consider Rescheduling November Board meeting (R2025-63): The Board unanimously approved the following Resolution:
“RESCHEDULING OF NOVEMBER 2025 REGULAR MEETING
WHEREAS, the Nelson County Board of Supervisors hereby establishes that an alternate date for the Board’s regular monthly meeting on November 11, 2025 is necessary due to the Veterans Day holiday and the attendance of some members of said governing body at the annual conference of the Virginia Association of Counties through November 11, 2025;
NOW THEREFORE BE IT RESOLVED, by the Nelson County Board of Supervisors pursuant to§15.2-1416 (Regular meetings) of the Code of Virginia that the regular meeting of the Board on Tuesday, November 11, 2025 be and hereby is rescheduled to Thursday, November 13 2025.”
VI. REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE
A. Reports
1. County Administrator’s Report:
Re: County Administrator’s Report for August 12, 2025 Board Meeting:
A. DSS Building Project: VRA Financing closed on August 5, 2025, $8,145,000 was borrowed at 4.4583% for a term of 25 years, with payments due in October and April. The first year of payments is interest only with principal and interest beginning in October 2026. No new County funds were required to pay this debt service; this financing was part of the debt service reserve being maintained in the debt service fund budget. Staff will have Davenport provide an update to our Debt Capacity Analysis including this borrowing and the VPSA borrowing for the NCHS renovation project.
B. Department of Social Services Agency Corrective Action Plan: The second CAP meeting was held on July 31, 2025, Ms. Napier, Mr. Burdette, and I met virtually with the Regional DSS Office team to review their findings in the practice areas of Child Protective Services, Foster Care Prevention/In-home Services, Permanency Services, and Resource Family Services. Regional consultants in these areas are rotating through the local agency each week to perform reviews. The agency is still working to close cases in the backlog and current case data entry in case tracking systems has improved in some service areas and has room for improvement in others. Documentation of casework in their systems is still a challenge. Mr. Burdette reported he is looking at case data in Safe Measures and reviewing it with staff regularly. Various trainings for staff have occurred or are scheduled and they are in the process of getting another Services Supervisor approved by the State and hope to have approval by September.
C. 2026 Reassessment: Wampler-Eanes is scheduled to report to the Board at the September 9, 2025 regular meeting. They will finish up with field work in October and notices should go out to property owners in November. The County will begin recruiting for Board of Equalization members who will meet with property owners on their assessment appeals after the Assessors have held their hearings with property owners.
D. Larkin Phase 1 Well Evaluation & Dillard Creek Flow Evaluation: Once both of these reports are received, staff will schedule CHA to present these to the Board at a regular meeting. In speaking with Mr. Steele, it would be beneficial to review both reports together at the same time. We have tentatively scheduled them for the September meeting; however, if they are received in enough time prior to then, the Board could consider meeting for a work session.
E. TJPDC Proposed Smart Scale Area Type Change – Rural Area: TJPDC is proposing to request a change in Area Type from Type “C” to Type “D” for our Planning District localities. All other PDCs with rural areas are categorized as “D” in which the highest weighted factor is safety. Analysis of 3 Smart Scale Rounds showed that with few exceptions, projects within the TJPDC area would have received higher scores and been ranked more competitively if categorized as Area Type “D”. The TJPDC is looking to make the decision to request this change at their September 4th meeting. Given a favorable vote, it would be forward to the CTB for their consideration and potential action prior to the end of the calendar year. That timeframe would allow the change to be incorporated into the next round of Smart Scale. No action by the Board is required (see attached memo and analysis).
The materials from TJCPD are volumious and a copy of the can be obtained from the County Administators office or from the author by an email request. Nelson County received a more favorable ranking if the County was classified under Area Type “D” than Area Type C” on all proposed projects except one where the ranking remained unchanged.
F. Lovingston TAP Grant – Sidewalk Improvement Project: VDOT is in the Preliminary design process with its consultant, Rinker Design Associates (RDA) and a December/January public hearing will be held on the design proposal. The Right of Way phase for temporary construction easements will take about 1 year and the project is about 2 years out from construction.
G. Piney River Pump Station (Phase II): The quote received on the specifications for the pump station is $263,103 and is subject to escalation for any price increases of materials or components greater than 5% after the time of quote. Manufacturing is estimated to take 24-38 weeks from when Smith and Loveless receives approved submittal data. Staff is preparing to proceed and is gathering pricing information related to installation. The FY26 budget currently includes $323,125 for this project.
H. Tipping Floor Replacement Project: Staff is preparing to re-engage with Architectural Partners on bidding this project out in the next couple of months; working through the logistics and public notification of the Transfer Station closure.
I. ***Meals and Lodging Tax Collection & Lodging Entity Tracking: See Attached Charts - # of Lodging Units is 824, up 1 from 823 in the previous report.
J. Staff Reports: Department and office reports for June/July have been provided.
2. Board Reports:
Supervisor Rutherford had no other reports to make.
Supervisor Ligon said that there will be a report forthcoming about potential new ordinances from the planning commission.
Supervisor Parr said DSS received from a supervisor in the office an oral two weeks notice which is a concern. He said the communication concerns continue.
Supervisor Reed reported that money from USDA for rural development and rehabilitation may in fact be more plentiful due to removal of some caps and restrictions. He attended the Nelson County Schools convocation for staff and it was well attended and the atmosphere was enthusiastic.
B. Appointments: The Board continued to report that there are vacancies on the Board of Zoning Appeals, the Nelson County Library Committee, the Nelson County Library Committee West District, and Ag & Forestal District Advisory Committee-landowner which are currently being advertised but there are no current applicants.
Mark Stapleton on Criminal Justice Board just sent an email that he is planning to step down.
C. Correspondence
1. Nelson Chamber of Commerce – Christmas Lights: Elaine Hooke, the Nelson Chamber Light Project Coordinator, contacted the Board to say that the Christmas lights purchased ane refurbished by the Nelson Chamber of Commerce (project started in the 1980s) for Lovingston, Shipman and later Nellsyford are all in good working condition but the connecting hardware to the electrical grids servicing the affected areas us it is not and requires replacement. The Chamber of Commerce does not have the funds to maintain the lights and their connections and wishes to relinquish the entire project (lights, connection, storage and installation and removal as the season requires) to the County or an entity supported by the County. Supervisor Rutherford has a few private organizations he intends to contact to take over this job. It may need to be more than one organization based on location. The question was posed about contacting the electrical companies about the maintenance and what it would cost to do Piney River and Schuyler. Exploring these questions was assigned as a directive to the County Administrator’s staff .
2. A letter was sent by MACAA informing the Board that MACAA was unable to open after school childcare but hoped to be able to open at approximately the end of the week.
D. Directives: See Correspondence.
VII. OTHER BUSINESS (AS PRESENTED): The Board went into closed session.
VIII. The meeting was ADJOURNED & CONTINUED to the evening session at 7PM
EVENING SESSION 7:00 P.M.
I. The meeting was called to order.
II. PUBLIC COMMENTS:
1. Heather Goodwin: stated that she recently became aware of a grant to the County for reconstruction /remediation of two intersections on Rt. 29 that have had no recent history accidents and no known safety concerns. $5.2 million doesn’t need to be spent there. She asked the Board to withdraw the request for the funds and give the money back.
III. PUBLIC HEARINGS
A. Withdrawal of Property from Agricultural & Forestal District – Greenfield – 196.375 acres
Per the Code of Nelson County, Virginia, Chapter 9 “Planning and Development,” Article V, “Agricultural and Forestal Districts,” withdrawal of land from an existing agricultural and forestal district requires a public hearing.
This request from Jim and Joan Klemic includes six (6) parcels with a total of 196.375 acres.
Parcel Number Acreage
13 A 1 23.9
7 A 87 31.85
13 A 1A 31.4
7 A 88 22.945
7 A 93A 44.94
6 A 158B 41.34
Copies of the above files are available for review in the Dept. of Planning & Zoning office, 80 Front Street, Lovingston, Virginia, Monday through Friday, 8:00 a.m. to 4:00 p.m., or the Office of the County Administrator, 84 Courthouse Square, Monday through Friday, 9:00 a.m. to 5:00 p.m. For more information, call the County Administrator’s Office at (434) 263-7000. EOE.
There were no comments from the public at the Planning Commission and no one appeared at the Board meeting to make public comments.
The motion for adoption of the Ordinance set forth below was unanimously approved:
ORDINANCE O2025-07 NELSON COUNTY BOARD OF SUPERVISORS AMENDMENT OF THE CODE OF NELSON COUNTY, VIRGINIA CHAPTER 9 PLANNING AND DEVELOPMENT, ARTICLE V, AGRICULTURAL AND FORESTAL DISTRICTS WITHDRAWAL OF KLEMIC PARCELS FROM THE GREENFIELD AGRICULTURAL AND FORESTAL DISTRICT
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WHEREAS, participation in the Agricultural and Forest Conservation District Program is a voluntary program in which farmers, foresters and landowners may form an Agricultural and/or Forest Conservation District for the purpose of conserving areas that are rural and agricultural. The property owner continues to hold fee simple title to the land, but the easement restrictions run with the land for a set number of years; and
WHEREAS, Sec.9-205 of the Code of Nelson County, Virginia allows that any time after the creation of an agricultural and forestal district, any owner of land lying in such district may file a written request with the program administrator to withdraw all or part of their land from the district for a good and reasonable cause; and
WHEREAS, the Agricultural and Forestal District Advisory Committee met on April 25, 2025 to review and discuss the Klemics’ application for withdrawal, and the Committee subsequently recommended approval of the request to the Planning Commission; and
WHEREAS, on June 25, 2025, the Nelson County Planning Commission held a public hearing to review the Klemics’ request and voted to recommend approval of the withdrawal to the Board of Supervisors; and
WHEREAS, after reviewing the Planning Department’s report, the Agricultural and Forestal District Advisory Committee’s recommendation, and considering the Planning Commission’s recommendation as well as the comments from the public received at the public hearing on June 25, 2025, the Board is in agreement to allow the withdrawal of the Klemics’ parcels from the district;
NOW THEREFORE BE IT ORDAINED, by the Nelson County Board of Supervisors that the Code of Nelson County, Virginia, Chapter 9 Planning and Development, Article V, Agricultural and Forestal Districts be amended to remove Jim and Joan Klemic’s 196.34 acres of property from the Greenfield Agricultural and Forestal District and the Board of Supervisors directs that a copy of this ordinance of withdrawal be submitted to the Commissioner of Revenue, the State Forester, and the State Commissioner of Agriculture and Consumer Services. The Commissioner of Revenue shall delete the information of said parcels from the land book and tax map, and the Board of Supervisors shall remove the identification of such parcel from the zoning map where applicable;
BE IT FURTHER ORDAINED, by the Nelson County Board of Supervisors that this Ordinance becomes effective upon adoption.
IV. OTHER BUSINESS (AS PRESENTED): None
V. The meeting was ADJOURNED AND CONTINUED TO AUGUST 19, 2025 AT 3:00 P.M. FOR A BOARD WORK SESSION ON SPACE NEEDS.