THE NOVEMBER BOARD MEETINGS WILL BE AT 2:00 AND 7:00 PM!!!!

The meeting was called to 2:00 P.M. in the General District Courtroom at the courthouse in Lovingston. Present were Supervisors Barton, Rutherford, Reed, and Parr. Supervisor Harvey was absent.

A moment of silence was observed and Superintendent Barton lead the Pledge of Allegiance.

No one appeared to speak at the public comment section

Resolution – R2023-63 approving the April 18, 2023 and April 20,2023 Board Minutes was passed unanimously. Resolution – R2023-64 Budget Amendment which transferred $32,389.00 from the non-recurring contingency fund to the General Fund to cover (1) $11,000.00 the additional FY24 appropriation approved by the Board in September to increase meals funding to Gladstone Senior Center for FY24 from $2,250.00 per quarter to $5,000.00 per quarter; and to cover (2) $21,389.00 is requested the FY24 Nelson County Local Match required for the Safe Streets and Roads for All (SS4A)

Grant received by Thomas Jefferson Planning District Commission (TJPDC) from the U.S. Department of Transportation (USDOT) and approved by the Nelson County Board of Supervisors on September 13, 2022 with local match not to exceed $30,000.00 was passed unanimously. The remaining balance in the Non-Recurring Contingency fund is $321,399.61.

Supervisor Reed read into the record the “Proclamation – October Is Domestic Violence Awareness Month” (P2023-03) which provided that “in recognition of the important work being done by the Shelter for Help in Emergency and the Nelson County Victim/Witness Program, the Nelson County Board of Supervisors do hereby proclaim the month of October 2023 as DOMESTIC VIOLENCE AWARENESS MONTH, and urge all citizens to actively participate in the elimination of personal and institutional violence against women, children and men.” The proclamation was unanimously adopted.

Mr. Brown from VDOT gave the report about road mowing and repairs. Not much had changed from the report at last Board of Supervisor meeting although it was noted that as of the time of the meeting the creeks on Finley Road could be forded. NO comment was made about the level of water in the creeks or the weather conditions.

Special Use Permit #1005 requesting permission to allow a “Campground” containing one fixed camper owned and operated by the owners of the property be permitted to be used as short term rental on the 2+ acres of land which has an existing single family dwelling. The existing single family dwelling is permitted by right to be used either as a vacation home or short rental. The Special Use permit was granted by a 4-0 vote.

The Board unanimously voted to approve the Rockfish Valley Volunteer Fire Departments request for an interest free loan in the amount of $149,865 to aid in the purchase of an instock Horton Model #603 ambulance mounted on a 2022 Fprd F-550 4x4 Diesel cab and chasis to include FESCO Dealer Supplied Items (DFI) for a price of $299,730.00

Candace McGarry, County Administrator gave the following report:

• Comprehensive Plan: The project website is www.Nelson2042.com. The County considered public feedback to date at a joint meeting of the Board of Supervisors and Planning Commission on September 28th and made adjustments to plan language to be incorporated into a revised draft. Additional feedback from the County and the public will be taken until October 26th. Comments may be left by completing a form on the nelson2042.com homepage or on the idea wall or by contacting County staff and Supervisors through October 26th. Final edits will be incorporated into a final draft tentatively by December 7th with public hearings to be held by the Planning Commission in late January and then by the Board of Supervisors in February.

• Piney River Solar, LLC Special Exception 2023-369 – Amherst County: On August 17th, Amherst County held a public hearing on a special exception request for a revised utility scale solar energy system by Piney River Solar, LLC located at 2508 Patrick Henry Highway which is adjacent to the Piney River trail and it was referred back to their Planning Commission for consideration in September. The Amherst Planning Commission recommended denial of the permit siting inconsistency with the County’s Comprehensive Plan. Their Board of Supervisors will hold a public hearing on the permit at its October 17th meeting.

• State PSAP Staffing Recognition Grant: The County applied for and will receive a one-time Virginia Department of Emergency Management grant that is meant to recognize and retain 911 dispatchers in State recognized PSAPs (Primary Safety Answering Points). The County will receive $35,000 for this purpose, $2,500 per each grant eligible position, which for Nelson includes 12 FT 911 Dispatch positions and 2 FT Authorized full-time PSAP managers/ supervisors who are certified and actively work on the 9-1-1/ operations floor. Our project plan and timeline entails paying out $1,250 to each eligible employee in November 2023 and $1,250 in March 2024. The grant is on a reimbursement basis and appropriation of these funds were included in the October budget amendment for the Board’s consideration. A huge thank you to John for getting our folks this grant that recognizes the excellent work they are doing!

• Courthouse Complex Tree Work: The Board of Supervisors authorized essential tree removal work at the Courthouse Complex; which is planned for October 11th – 13th from 7:30 am to 6:30 pm daily. For the duration of this work, the primary Courthouse Complex entrance at Courthouse Square will be closed and parking will be restricted along the rock wall of Court Street down to the corner of this entrance. The use of noise generating machinery and equipment is expected. Notices about this work have been distributed physically and by email to County employees and neighboring properties and will also be posted on the County’s website.

• Nelson County Service Authority (NCSA) Term Engineering Contract: The Service Authority issued an RFP for Term Contract Engineering Services, four proposals were received, and a unanimous decision was made by the evaluation committee to negotiate a contract with the top ranked firm. The contracted firm will provide engineering tasks on an as needed basis as scoped. As authorized by the Board of Supervisors and in partnership with the NCSA, the first tasks to be scoped will be a Preliminary Engineering Report or PER that evaluates the Lovingston water and wastewater system capacities, which will include evaluation of the Dillard Creek area for a water impoundment and treatment plant and revitalization/modernization of the old Lovingston wastewater treatment plant. Staff will advise the Board of the cost proposals for this work when established.

• FY24 State Budget Amendment:

  • Salary Adjustments: The General Assembly’s budget passed on September 6th contains funding of a 2% salary increase for K-12 education - SOQ recognized positions beginning January 1, 2024. It is my understanding the School Division intends to provide this increase across the board and can do so within their current budget. State supported local employees will receive an increase of 2% in their base salary after any approved targeted salary initiatives, effective December 1, 2023. Targeted salary initiatives include: reapplication of a compression increase for sworn deputies currently in an eligible position as they were on August 1, 2022. An adjustment for elected Sheriff’s to account for the State’s consolidation of population groups, restoration of unfunded positions in the Commissioner of Revenue and Treasurer’s offices at 50% reimbursement, and targeted increases for Assistant Commonwealth Attorneys and Circuit Court Clerk’s Deputies. These funded salary increases will increase the amount of reimbursement to the County from the State; however, if applied uniformly to non-state funded positions, it will increase costs for locally funded positions. Staff is analyzing these impacts to be reported to the Board for consideration, prior to implementation of these pay adjustments. Note: The State Compensation Board memo on this states that since 2017, General Assembly language in the budget does not allow for these across-the-board salary increases for Constitutional Officers and employees to offset local salary supplement funds.

  • Regional Jail Authority Funding: The State’s provision of 25% funding for the Regional Jail Authority’s renovation project was included in the budget amendment. ACRJ is proceeding with scheduling its Financial Advisors (Davenport & Co.) to present an interim financing strategy to each member jurisdiction for approval. They are scheduled to present this at the Board’s November 16th regular meeting.

• Opioid Abatement Authority Grants: Partnership agreements are being circulated for signature for the Cooperative Partnership Grants awarded by the Opioid Abatement Authority. These awards are for $834,974 for CITAC expansion and addition of 23-hour crises response and $448,500 for Blue Ridge Center Community Response and addition of Community Drop In. There is no local match for these grants and Albemarle County will serve as the fiscal agent and will perform grant management functions.

• Route 151 Corridor Study Update: VDOT and their consultant are updating the study which will include the dissemination of a public survey and a second in-person meeting to be scheduled for the first week of November tentatively at the Rockfish Valley Community Center at a time TBD*. (See date below).Following the public meeting, cost estimates on recommendations will be finalized and a subsequent VDOT presentation to the Board of Supervisors will be scheduled. As previously noted, this schedule flows well with that of the Comprehensive Plan; allowing for its consideration and inclusion in the final draft to be presented for public hearings in early to mid-winter 2023.

• Polling Place ADA Compliance Assessments: The Virginia Department of Elections requires annual assessment of the County’s polling places for ADA Compliance and further requires confirmation of ADA compliance through local Electoral Board certification. This annual certification is due back to the State by Monday, October 16, 2023. The Registrar (Jackie Britt) and her staff, Paul Truslow, and Mr. Tom Vandever, the Executive Director of the Independence Resource Center, conducted ADA assessments of all 9 of our voting sites which noted that 3 of our precinct locations (Lovingston Fire Department, Gladstone Rescue Squad, and Massies Mill Ruritan Club) presented outside accessibility difficulties that would need modification to become fully ADA accessible by the November election. Paul and Billy worked diligently with Jackie and her staff over the last few weeks to obtain the site owner’s permission at each location and to implement the required ADA compliance fixes recommended by Mr. Vandever. The primary alterations made at each of these locations involved concrete work that provided modification of the slope of the approaches to and leveling of the landing spaces at the entryways of the front doors and some minor increases in size of parking areas. There were a few accessibility issues identified at the Registrar’s office with the primary issue being handicap van accessible parking. This has been temporarily addressed through coordination with Atlantic Union Bank for the temporary dedicated use of a shared handicap van accessible space immediately adjacent to the Registrar’s building and new striping of said space up through the November election. A shared permanent space has been requested of the Bank by the County with the outcome TBD. Mr. Vandever returned to evaluate the work that was done, noting all sites were fully ADA compliant and commending County staff for achieving this compliance so expeditiously. The Electoral Board will now be able to certify ADA compliance to the state by the deadline. A huge thank you goes out to Jackie and her staff and to our maintenance staff (Paul and Billy) for making this a priority!

• DSS Building/Calohill Site: PMA has evaluated use of a centralized filing system versus individual office files for the impact to square footage; noting “The conclusion is that this would reduce the total square footage for offices by 126 square feet but add a new room that would enlarge the building by 575sf to 625sf. This is why small DSS offices rely on case files to remain in the offices.” Timmons has reported that the newest site concept has been successful in reducing the footprint of the project from the first concept in 2022. The newest concept requires about 3.5 acres of development on the site as opposed to 5 acres.

  Additionally, if the project only entails DSS needs, then the actual development of the site and parking can yield a smaller parking lot and building footprint; which could reduce the site development costs as much as $1M from the first estimate and it would also reduce the budget for the building. PMA recommends having Downey & Scott update their cost estimate. Timmons has also reported that addressing stormwater will either require creating a stormwater retention pond on site, which may require blasting, or an easier and potentially less expensive option would be to construct this across the other side of Callohill if an easement could be obtained or additional land were procured. PMA is working on a design fee proposal to move the project forward from this point through design, bidding, and construction.

The Public Meeting regarding the VDOT 151 Report is set for November 1, 2023 from 4-6 PM at the Rockfish Community Center.

Supervisor Barton said that the jail board did not meet and he had no report to make. Supervisor Rutherford indicated that he would be interested in taking Supervisor Barton’s place on the Jail Board when his term is up. Supervisor Parr had no reports to make. Mr. Reed reported that he and Candace McGarry travelled to the Virginia Association of Counties Regional meeting in Chesterfield County, for a presentation regarding the Joint Legislative Audit and Review Commission (JLARC.) regardin education funding grades K-12. He also attended the Thomas Jefferson Planning District Commission Regional Transit Governance Committee meeting for Region 10. Of note, state increases in sales tax may be a new source of transportation funding revenue for localities.

Supervisor Rutherford advised the Board that the Regional Housing partnership is doing another study on housing market for our county and region. Supervisor Rutherford spoke on October 11, 2023 on the issue of affordable housing. He reported that Lovingston’s local businesses gave a party the weekend of October 7, 2023.

Planning Commission member Justin Shimp whose term expires in 2026 has resigned and a replacement needs to be found. Carole Saunders has asked to be reappointed to the Planning Commission and she was reappointed by a unanimous vote.

The Meeting adjourned until 7:00 pm.

7:00 pm, October 10, 2023 Meeting of the Nelson County Board of Supervisors.

The meeting was called to order at 7:00 pm. in the General District Courtroom at the courthouse in Lovingston. Present were Supervisors Barton, Rutherford, Reed, and Parr. Supervisor Harvey was absent.

PUBLIC COMMENTS: Dave McGann spoke generally about concerns regarding the issues before the Board.

The Board hear the request for Special Use Permit #998 – Vacation House that would allow a Vacation House on property zoned R-1 Residential. The subject property is located at Tax Map Parcel #21-7-2A at 2617 Rockfish Valley Hwy in Nellysford. The subject property is 1.027 acres and is owned by Gretchen Rush and Glenda MacNeil. One owner is in residence full time and one is residence part time. The owners want to be able to rent out part of the home on the weekend. Nearby neighbors have this ability as a matter of right because their property is zoned differently. The local neighborhood is mixed use. The Board apologetically but unanimously turned down the request. With the new Comprehensive Plan approaching completion, the Board is unwilling to make any further piece meal changes to the current zoning requirements.

The Board unanimously voted to set a public hearing on November 9, 2023 regarding a correction of FY24 Budget Adoption and Appropriation Resolutions (R2023-40C) and (R2023-41C) correcting the originally approved FY24 Budget Adoption (R2023-40) and Appropriation (R2023-41) Resolutions, to include the $2,111,079 budgeted within the General Fund to be transferred to the VPA (Department of Social Services) Fund. The General Fund total, including the VPA Fund transfer amount, is $50,222,334 making the FY24 total appropriations for all funds $95,163,565.The original budget had erroneously identified the general fund line item as $48,111,225 instead of $50,227,354. This proposed amendment would correct a clerical error.

Amendment of FY2023-2024 Budget – Supplemental Appropriation of School Construction Assistance Program Grant Funds (R2023-65) Budget Amendment:

In accordance with a letter of intention approved by the Board of Supervisors and duly signed, in March of 2023, the school board applied for a grant of $2,451,703 from the state of Virginia on the condition that it would be used for school repairs/construction and that the county was committing at least $24,517,030 less the amount of the grant to the project. David

McGann state during the public comment section that the state should be paying more of the cost of the renovations of the school. A member of the School Administration and the Superintendent of schools appeared to answer questions about the grant and how it would be used and the overall plan to spend $24,517,03 in renovating and repairing the high school and middle school. Representative Barton opened the discussion by asking if the County could refuse the grant as no plan for specific renovations or repairs had ever been approved, there were no specific plans or estimates as to what specific work would be done, nor had a specific estimate of costs ever been prepared. He was concerned that the County could not afford the project. The representatives of the school system outlined in general terms the renovations/repairs that were needed to the two buildings including among other issues a new roof, new wiring, new plumbing, and repairs to the walls and to the general structure. School representatives reminded the Board that these problems had been shown to the Board members when they toured the facility. Supervisor Rutherford suggested the grant be tabled to allow the architects to come up with plans and estimates. The School System representatives pointed out that there is a deadline in accepting the funds and that there was insufficient time to get these estimates without losing the grant. Supervisor Reed read the March 2023 letter the Board authorized applying for the grant into the record and pointed out that the state and the school system had relied on the letter presuming the board was acting in good faith when it authorized the letter. Supervisor Reed said that if the County turned the money back, it would be unlikely that the County would receive any further grants. If the County fails to appropriate $24,517,030 for the repairs/ renovation of the middle and high school, the amount of the grant that exceed 10% of the actual cost of the project would need to be repaid to the state. After some rather heated debate, the Board voted unanimously to accept the grant and to approve the Amendment of FY2023-2024 Budget – Supplemental Appropriation of School Construction Assistance Program Grant Funds (R2023-65) Budget Amendment that provides for a supplemental appropriation of School Construction Assistance Program Grant Funds, as requested by the School Division.

The meeting was then adjourned.