Summary of November 16, 2023 Nelson County Board of Supervisor Meeting
Present: Robert Barton, Tommy Harvey, Jesse Rutherford, Ernie Reed, David Parr
2:00 o’clock session
Supervisor Jesse Rutherford called the meeting to order. A moment of silence was observed followed by the pledge of allegiance.
The following Resolutions were unanimously passed by consent:
A. Resolution – R2023-66 Minutes for Approval: the minutes of said Board meetings
conducted on May 9, 2023, May 17, 2023 and May 24, 2023 were approved.
B. Resolution – R2023-40C FY24 Budget Adoption Correction: the Fiscal Year 2023-2024 Budget be hereby adopted by the Board of Supervisors of Nelson County, Virginia in the total amount (all funds, revenues and expenditures) of $95,163,565. The individual fund totals are denoted as follows: Fund Budget
General $ 50,222,334.00
VPA(DSS) $ 2,111,079.00
Debt Service $ 6,341,318.00
Capital $ 705,251.00
School $ 34,694,395.00
Textbook $ 595,000.00
Cafeteria $ 299,280.00
Piney River Water/Sewer $ 194,908.00
1) The General Fund includes $2,894,977 in COVID-19 Stimulus Funding and $24,066,135 in local funding transferred to: The Reassessment Fund $85,000, the Debt Service Fund $3,325,284 ($3,165,368 debt service and $159,916 reserve), the Piney River Water & Sewer Fund $0, and the School Fund $18,544,772 ($18,379,837 for general operations and $164,935 allocated for school nurses). Also included is $2,111,079 in local, state, and federal funds transferred to the VPA Fund (DSS) and contingency/reserve funds of: Recurring Contingency $509,702, Non-Recurring Contingency $399,920, and School Capital Reserve $0.
2) The School Fund includes a transfer of $184,803 to the Textbook Fund and $3,884,299 in Federal COVID-19 Stimulus Funding.
The adoption of the Fiscal Year 2023-2024 Budget shall not be deemed to be an appropriation and no expenditures shall be made from said budget until duly appropriated by the Board of Supervisors of Nelson County, Virginia.
C. Resolution – R2023-41C FY24 Budget Appropriation Correction: the Nelson County Board of Supervisors hereby resolves that the Fiscal Year 2023-2024 Budget be hereby appropriated on an annual basis by fund category, as follows:
The Board of Supervisors further resolved that:
1. The General Fund appropriation includes $2,894,977 in COVID-19 Stimulus Funds and the transfer of: $2,111,079.00 (4-100-093100-9201) to the VPA Fund (DSS) (3-150-004105-0001); 3,325,284.00 (4-100-093100-9204) to the Debt Service Fund (3-108-004105-0100), $18,544,772 (4-100-093100-9202/Nursing $164,935, 4-100-093100-9203/Operations $18,379,837, 4-100-093100-9205/Buses $0, 4-100-093100-9206/Capital $0) to the School Fund (3-205-004105-0001);$0 (4-100-093100-9114) to the Broadband Fund (3-114-004105-0100); $85,000 (4-100-93100-9101) to the Reassessment Fund (3-101-004105-0001); and $0 (4-100-093100-9207) to the Piney River Water & Sewer Fund (3-501-004105-0001).
2. The amounts transferred from the General Fund to the VPA Fund (DSS), Debt Service Fund, School Fund, and Piney River Water & Sewer Fund are also included in the total appropriation for each of these funds.
3. The School Fund includes $3,884,299 in Federal COVID-19 Stimulus Funding.
4. The Textbook Fund appropriation includes the allocation of $184,803 from the School Fund.
5. The Debt Service Fund includes $3,165,368 in current debt service and $3,175,950 in debt service reserve.
6. The appropriation of funds to the School Fund, Textbook Fund, Cafeteria Fund, and VPA Fund (DSS) shall be in total and not categorically.
7. The appropriation and use of funds within the General, Debt Service, Capital, and Piney River Water & Sewer funds shall adhere to the amounts prescribed by the Board of Supervisors for each department therein unless otherwise authorized by the Board of Supervisors.
D. Resolution – R2023-67 FY24 Budget Amendment:
I. Appropriation of Funds (General Fund)
Amount Revenue Account (-) Expenditure Account (+)
$ 12,700.00 3-100-003303-0008 4-100-031020-3032
$ 7,860.00 3-100-003303-0008 4-100-031020-3033
$ 5,641.97 3-100-009999-0001 4-100-031020-3036
$ 3,070.98 3-100-009999-0001 4-100-031020-3037
$ 720.00 3-100-002404-0001 4-100-031020-5419
$ 375.00 3-100-002404-0055 4-100-035010-3016
$ 25,000.00 3-100-001901-0012 4-100-081050-3011
$ 13,032.00 3-100-002404-0007 4-100-082050-6008
______________
$ 68,399.95
II. Transfer of Funds (General Fund Non-Recurring Contingency)
Amount Revenue Account (-) Expenditure Account (+)
$ 9,161.00 4-100-999000-9905 4-100-091030-5202
$ 17,110.00 4-100-999000-9905 4-100-091050-7008
_____________
$ 26,271.00
III. Appropriation of Funds (School Fund)
Amount Revenue Account (-) Expenditure Account (+)
$650,000.00 3-205-002402-0002 4-205-061100-9301
________________
$650,000.00
IV. PROCLAMATION – NOVEMBER 26, 2023 ARTISTS SUNDAY (P2023-04):
The following proclamation was unanimously adopted:
WHEREAS, the Nelson County Board of Supervisors celebrates our local artists and the contributions they make to our local economy and community; and
WHEREAS, the arts enrich our lives and enhance the cultural fabric of our community, and
WHEREAS, Artists Sunday is a national event that celebrates and supports artists of all kinds and encourages the purchase of original artwork from artists, and
WHEREAS, our community recognizes the important contributions of artists to our economy, our education system, and our quality of life, and
WHEREAS, our city is home to many talented artists whose work deserves recognition and support,
NOW, THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors does
hereby proclaim the Sunday following Thanksgiving, November 26, 2023, as Artists Sunday. We urge all residents to celebrate this day by exploring the works of local artists and considering the purchase of original artwork. Supporting our artists not only benefits them but also contributes to the growth and vitality of our community. Let us come together to celebrate the creativity and diversity of our local artists and to show our appreciation for their valuable contributions to our city.
V. EMERGENCY ORDINANCE 2023-01– BURN BAN:
The following burn ban was unanimously adopted:
Pursuant to Sections 15.2-1427 (F) and 15.2-922.1 of the Code of Virginia, IT IS ENACTED:
1. The making of fires in streets, alleys, and other public places and on private property is
hereby prohibited.
2. Violation of this ordinance shall be punishable as a Class 2 misdemeanor.
3. This ordinance shall expire in sixty days unless readopted in conformity with the provisions
of the Code of Virginia.
4. The provisions herein shall be effective upon adoption.
VI. PRESENTATIONS
There was no VDOT Report.
Sandy Jenning Neblet was introduced as the new employee in Finance and or the county.
Public Comment: William Pursey spoke requesting VDOT for an unrestricted overpass at the stop light in Lovingston, and for approval by the Board of camera speed control in school zones.
Edith Napier addressed the proposed Wild Rose Solar project. She has previously seen the presentation and felt it left mor unanswered than answered questions. She questioned why the presentation had not been held in Gladstone, where the project is proposed to be located and wanted to know what the job creation would be during construction and after the system was operational. Ms. Napier also wanted to know the impact the project would have on the cost of electricity in the area.
Janet Rollings voice alarm at the 19 solar farm projects started in Augusta and was very concerned that the Bard ask a lot of questions about the projects and who would be responsible for decommissioning.
B. Proposed Solar Development – Savion, LLC (Jeannine Johnson)
Jeannine Johnson and Lauren DeVine appeared on behalf of Savion LLC (a Shell Group portfolio Company operating on a stand-alone basis) to discuss a proposed solar panel project to be known as the Wild Rose Solar Project and to be located on Route 60 in the Gladstone area. The project includes a lease of 2500 acres, 500 of which would be covered in solar panels. Savion is based in Kansas City, MO and was founded in in 2019. They have 33 projects under construction or completed in 13 states, and supply power into the local grid. The only project so far in Virginia is in Wytheville. AEP would be the purchaser of the electricity generated by the project.
No special use permits have been sought yet but a request is expected to be filed in December of 2023.. The panels have a useful life expectancy of the 35 to 40 years, after which there is a cost for removal and disposal (decommissioning) which cost is covered by a bond.
There should be no cost to the county and the solar farm should increase the county’s tax base. From inception to construction the time frame is usually 4-7 years. The project should provide 2-5 permanent jobs.
VII. NEW & UNFINISHED BUSINESS
A. Interest Free Loan Request – Rockfish Valley Volunteer Fire and Rescue (R2023-69); The Board unanimously approved an interest free loan request from Rockfish Valley Volunteer Fire and Rescue in the amount of $155,000 to help purchase a 2022 Horton Ford F-550 4X4 Ambulance. On October 13, 2023 the Board had approved the request to fund 50% of the cost to purchase a new ambulance. 50% of this cost is $149,865.
B. Authorization for Public Hearing on Amendment to Tax Relief for Elderly and Disabled (R2023-70): The Board unanimously approved a public hearing on December 12, 2023 on the following motion: The purpose of the public hearing is to receive public input on an Ordinance proposed for passage to amend Chapter 11, Taxation, Article II, Division 2 Exemptions for Elderly and Disabled. Proposed amendments to Section 11-43 Restrictions and Conditions, would increase the maximum owners’ total combined income from $50,000 to $75,000; and the maximum owners’ total net worth would increase from $100,000 to $125,000. The proposed amendments to Section 11-48 Determination of exemption, would update the income and net worth numbers to reflect the changes made to Section 11-43.
C. PMA Architecture Proposal - DSS Building Design, Bid, and Construction Administration (R2023-71): The Board unanimously passed the amendment #4 to the contract with PMA Architecture for the provision of architectural and related services to Nelson Count in the amount of $1,170,780.
D. State Compensation Board 2% Employee Compensation Adjustment and Funding
1. Consideration of 2% Salary Increase for All Employees Effective December 1, 2023
(R2023-72):
The FY24 additional budget allocations approved in September 2023 by the General Assembly and Governor Youngkin include a 2% across-the-board increase from the State Compensation Board (SCB) salary effective December 1, 2023 for locally-elected constitutional officers and their full-time employees and General Registrars and members of local electoral boards. addition to funding the 2% across-the-board increase, funding for targeted increases are provided as of December 1, 2023, for employees of the Sheriff’s Department, Commonwealth Attorney’s Office, and Circuit Court Clerk’s Office and restoration of unfunded Deputy positions are provided for in the Commissioner of Revenue and Treasurer’s Office.
In addition to funding the 2% across-the-board increase, funding for targeted increases are provided as of December 1, 2023, for employees of the Sheriff’s Department, Commonwealth Attorney’s Office, and Circuit Court Clerk’s Office and restoration of unfunded Deputy positions are provided for in the Commissioner of Revenue and Treasurer’s Office has been appropriated at the state level. The County will be reimbursed by the State Compensation Board based on actual expenses incurred for the 7-month period from December 1, 2023 to June 30, 2024 for these expenses. Commensurate with the SCB 2% across-the-board increase, the Board wishes to provide all eligible non-probationary regular County employees with the same pro-rated 2% across-the-board increase, effective December 1, 2023. The prorated 2% across-the-board increase for all eligible non-probationary regular County employees effective December 1, 2023 can be accomplished within the current appropriated General Fund budget, utilizing vacancy savings in unfilled positions.
The Board therefore unanimously adopted R2023-72 , which providing amending the government’s “Salary and Classification System” by incorporating the following: Constitutional Offices and General Registrar: Effective December 1, 2023, a two percent (2%) salary adjustment shall be authorized for all regular part-time employees and all full-time employees employed by a Constitutional Officer, inclusive of the Officer and Registrar. The two percent (2%) for all Constitutional Officers and their Compensation Board funded permanent staff positions shall be calculated based upon the salary in effect on December 1, 2023 (Compensation/Electoral Board and local supplement). Additionally, the Nelson County Board of Supervisors hereby approves implementation of the State Compensation Board funded targeted increases for Constitutional Offices such that at minimum, the new State Compensation Board salary is in effect.
Effective December 1, 2023, a two percent (2%) salary adjustment shall be hereby authorized for regular nonprobationary Nelson County personnel (full-time and regular part-time) employed pursuant to the County’s salary classification and pay plan, effective on December 1, 2023. Employee compensation adjustments will be based upon two percent (2%) of current salary in effect on December 1, 2023.
1. County Administrator’s Report: Candace McGarry provided the following:
2. Comprehensive Plan: The project website is www.Nelson2042.com. Additional feedback from the County and the public was taken through October 26th and 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.
3. Piney River Solar, LLC Special Exception 2023-369 – Amherst County: The Amherst County Board of Supervisors has deferred its public hearing on this permit until December 19, 2023 at 7:00 pm.
4. Nelson County Service Authority (NCSA) Term Engineering Contract: The Service Authority is in contract development with the selected firm CHA and expects to have a recommended agreement to present to their Board for approval at their meeting on November 16th. Once the contractual relationship is established, scoping meetings can be scheduled in order for proposals to be developed for the PERs to evaluate 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.
5. Sturt Park Preservation Trust Fund Grant Application: The County was unsuccessful in its Spring 2023 Virginia Outdoors Foundation Preservation Trust Fund grant application again ranking 13 out of 22. Although the review committee provided favorable comments, the application needs to improve in the criteria of regional and state plan alignment and project readiness. The next grant round will open sometime in January with re-submittal to be determined.
6. 2023 State Homeland Security Program Grant (SHSP): The County has been allocated funds of $40,820 for an Election Security Vulnerability Reduction grant from the U.S. Department of Homeland Security (DHS) through Federal Emergency Management Agency (FEMA) and the Virginia Department of Emergency Management (VDEM) with no local match requirement. Staff must submit an application package and budget submission through VDEM’s electronic grants management system within the next sixty (60) days and then funds will be formally awarded through a Grant Agreement issued by VDEM. This grant is proposed to provide for: secure, accessible entrance/exit points, video surveillance on all four sides of the building, enhancing staff safety and protecting equipment, materials and processes related to election security; inclusive of installation of additional “panic buttons” to allow all staff to alert local law enforcement of any emergency situation requiring response and not leave a portion of the building vulnerable. Should the County not wish to proceed in initiating the grant, an “Opt-Out” notice must be submitted to VDEM before 1/8/2024.
7. Route 151 Corridor Study Update: VDOT and their consultant held the second public meeting on the study update at RVCC on November 1st. The VDOT presentation is posted on the County’s website under News & Announcements. The meeting was well attended with citizen Q&A time being very constructive. Primary citizen concerns seemed to be through truck traffic utilizing Route 151 and Route 6 to cut over from Route 64 to Route 29, speed limits along the corridor, business entrance conflicts along Route 151, and the timeframe for funded major improvements to take place. Citizens also voiced concerns that the section of Route 151 that included Blue Mountain Brewery (BMB) was not included in the study update and that there were less expensive options that VDOT could consider in the near-term to address safety concerns along the corridor. VDOT staff noted that the 2013 study that included BMB was done in conjunction with the Culpeper District and the current study area was data driven. VDOT staff noted that there is a local truck size (length) restriction in place of 65 feet that is enforced by local law enforcement; however, localities can follow procedures in the Virginia Administrative Code 24VAC30-580 (see attached) to request a restriction to through truck traffic on primary and secondary highways. It was emphasized that only the Commonwealth Transportation Board has the authority to restrict through truck traffic on primary highways. VDOT noted that their standards were applied during business entrance approvals; however, localities can consider enacting a transportation overlay corridor that imposes tighter restrictions than those applied by VDOT. VDOT staff also advised that their Revenue Sharing program could be utilized to accelerate projects approved under their Smart scale or HSIP funding. VDOT staff reiterated that a complicating factor on the corridor was speed and some of the suggested improvements were not only designed to reduce conflict points but inherently reduced speeds. Examples of this were roundabouts and flashing advance warning signs. Other citizen suggestions included reducing passing lanes and reducing vegetation along guardrails. VDOT asked that citizens let them know of areas needing reflective illumination.
In the coming weeks, VDOT will be initiating an online public survey on the updated plan, project cost estimates on recommendations will be finalized and a subsequent VDOT presentation to the Board of Supervisors will be scheduled.
8. Nelson Heritage Center Renovation & Gym: NHC staff are working to secure renovation financing and have been allocated $200,000 in State funding through the Department of Historic Resources. The County will serve as the pass through for these funds meaning they will be disbursed to the County and then to the Heritage Center following a budget amendment appropriating the funds. The NHC gym has now passed inspection and can be used for private and public purposes. County Parks and Recreation staff will be meeting with Ms. Burdette in the near future to discuss the potential for County usage.
9. Former Larkin Property Master Planning: Staff has been working with Architectural Partners on fine tuning their work based upon the Board’s last directive and they are now poised to present this to the Board at its convenience. Staff recommends scheduling this presentation for the December 12th Board meeting with a subsequent work session to follow.
10. Albemarle Charlottesville Regional Jail: Prior to the October meeting, I took a tour of the facility with Colonel Kumer and the ACRJ Board Chair, Diantha McKeel, which solidified my support for the proposed renovation project. A presentation on the project
and interim financing will be considered by the Board in the evening session. As of August 2023, Nelson has utilized 2,361 bed days and had an average daily population (ADP) of 38, which is an average of 62 bed days per inmate and a local share of 13.60%. The total ADP as of August was 287 which includes 7 classified as Federal and Other. As of September 2023, ACRJ has a total of 30 inmates on Home Electronic Incarceration (HEI) with 4 Nelson participants. Since the beginning of the pandemic in March 2020, there have been 755 inmates placed on HEI with 43 being from Nelson Courts. Of those 755 placed on HEI, 135 were removed for program violations with 7 of those having been charged with a criminal offense while on HEI. The total number of recidivate inmates on HEI is 14. The Department of Corrections conducted it’s every 3-year audit of the Jail’s processes, procedures, and compliance with Minimum Standards for Jails and Lockups and the facility was found to be 100% in compliance. Superintendent Kumer reported at the September meeting that ACRJ exceeds these minimum standards in many areas of evaluation.
11. Virginia Animal Control Association Conference: At the invitation of Director of Animal Control, Kevin Wright, I attended the banquet dinner held during the annual Virginia Animal Control Association Conference in Charlottesville, where our department and many others around the state were recognized for their excellent work. I was honored to meet the Assistant Attorney General and Director of the Animal Law Unit, Michelle Welch and some of the Officers on the Attorney General’s Animal Welfare Task Force. They all spoke very highly of our department!
12. TJPDC Regional Transit Governance Study: County staff and Supervisor Reed have been participating in a study of the feasibility of establishing a Regional Transit Authority within the TJPDC Planning District. TJPDC staff and the hired consultant are scheduled to provide a report of the study findings to the Board at the December 12th meeting in the afternoon session.
13. FY25 Pre-Budget Planning: County Staff has issued agency budget request forms and will soon distribute departmental budget request forms to begin building the FY25 budget. I attended a JMRL pre-budget planning meeting and David Plunkett indicated there were no major services to be added and their top priority will be moving staff to competitive pay rates based upon results of a compensation study being done by Charlottesville City. He is anticipating asking for a salary increase of 5%-7%. The School Superintendent has indicated they may ask for an increase in funding primarily related to their need for additional behavioral specialists.
14. Region 2000 Solid Waste Authority: The Region 2000 Solid Waste Authority staff have provided pro-forma financials that indicate an increase in tipping fees will be needed for FY25-FY29. These have not changed since 2018 at $30.25/T for members and $40.25/T for commercial haulers. This is primarily to begin funding substantial contributions to the landfill closure/post-closure reserve fund as the landfill capacity nears its estimated closure horizon of 2029. These pro-formas suggest FY25 tipping fees of $38.64/T for members and $48.64/T for commercial haulers. Closure/post-closure reports for the Livestock Road landfill indicate an August 2023 liability of $16,272,253 with Nelson County’s responsibility being 3.97% or $646,008. This total liability is reduced by any funds the Authority contributes to the closure/post-closure reserve fund, which has a current balance of $3,338,185. This proposed tipping fee increase of $8.39/T will increase the County’s FY25 disposal costs by an estimated $83,900. Input from the Board on our stance regarding this potential increase is requested. This will be addressed in closed session in December.
2. Board Reports
Supervisor Barton reported the Jail Board is meeting here on November 16.
Supervisor Harvey had no reports
Supervisor Parr had no reports.
Supervisor Rutherford reported that line of duty benefits petition request has passed 13-14 counties requesting legislative change allowing private police forces to get line of duty benefits. Route 151 study by VDOT is available. He attended unofficially the Governor’s Housing Conference. He was interested to hear that interest rates are expected to drop somewhat. Currently only 20% of Virginian’s can infiltrate the housing market. Waynesboro just got a $200,000,000 investment of some type that mean god paying jobs and will
Mr. Reed reported that the TJPDC reported that while most of its transportation funding goes north but much of the transportation needs are in the south of Nelson County. The Service Authority approved the engineering study for the Dillard Creek property (Larkin Property). The school population is not increasing but the current students have more intensive needs than in the past.
B. Appointments: Mr. Justin Shimp asked to withdraw his resignation as the representative to the Nelson County Service Authority North District. His term was due to end June 30, 2026 . The Board voted unanimously to allow him to continue to fulfill his term. Carl Stellwag was reappointed to the JABA Council on Aging.
C. Correspondence: Mr. Reed reported that the education subcommittee looked at ratios of what county required to pay for public education and what state required to pay. State very low ranking nationally (behind Kentucky and West Virginia) on per capita contribution to the students in the state.
D. Directives: Supervisor Ernie Reed directed that the matter of an application to be approved and submitted through VDOT to i) ban all “through” tractor trailers traveling Route 151 via Route 6 to Route 29 (or vis versa) (requires public hearing) and ii) that the speed limit on Route 151 be lowered to 45 except in school ones when it would be 35, and that the proposal by Blue Line Solutions to provide speed cameras in school zones be adopted. Question was raised if public hearing was needed and would the VDOT speed study from two years ago obviate the need for another one. Candace McGarry was requested to look into these issues. Supervisor Harvey was very vocal that there was no need to reduce speeds or limit trucks on 151 and stated neither he nor his constituents saw no problems on 151. He was unaware of the contents of the 151 study and was and was adamant that the 151 should remain a pass through road and not be reduced to a secondary road.
Supervisor Barton directed that the matter of an increase of 2% in the tax on short term lodgings be revisited. All of the proposed resolutions are to be on the agenda for the December 12, 2023 Board meeting.
The meeting was adjourned until 7:00 pm. Special Use Permit 1050 was continued to the December 12, 2023.
7:00 P.M. – Session
The meeting was called to order. Supervisor Harvey was absent. Supervisors Barton, Rutherford, Reid, and Parr were present.
PUBLIC COMMENTS: Phillip Purvis expressed concerns about affordable housing. The school budget is using all of the real estate taxes. Affordable housing would attract younger people that would put more financial pressure on the schools without much in the way of tax revenue.
2024 LEGISLATIVE PROGRAM – DAVID BLOUNT (R2023-68)
The draft Thomas Jefferson Planning District Legislative Program for 2024 lists three top legislative priorities; the program includes a priority addressing public education funding; a constant position on budget/funding issues that supports state aid to localities and opposes mandates and cost shifting to localities; and support for local authorities to plan and regulate land use and growth management. The Legislative Program also contains additional positions that focus on the most critical recommendations and positions in other areas of current interest and concern to localities in the region; The Nelson County Board of Supervisors, unanimously approved the 2024 Thomas Jefferson Planning District Legislative Program, with the legislative program to serve as the basis of legislative priorities and positions of the member localities of the Thomas Jefferson Planning District for the 2024 session of the Virginia General Assembly, as presented on November 16, 2023, as well as incorporation of recommendations put forth by the Board, as applicable.* See full report below. The Board raised as an issue that standardizes testing is actually adversely affecting the curriculums and programs and that this needs to be an issue in next year’s report. The names the persons on the legislative committees were requested and help in getting our state representatives to attend one of the board meetings.
Thomas Jefferson Planning District
2024 LEGISLATIVE PROGRAM
Albemarle County | City of Charlottesville
Fluvanna County | Greene County
Louisa County | Nelson County
November 2023
DRAFT
Ned Gallaway, Chair
Christine Jacobs, Executive Director
David Blount, Director of Legislative Services
Public Education Funding
PRIORITY: The Planning District localities urge the State to fully fund its share of the realistic costs of the Standards of Quality (SOQ) and reverse policy changes that previously reduced funding or shifted funding responsibility to localities.
The State will spend billions of dollars on direct aid to public education in the current biennium. While we appreciate additional state teacher salary and other one-time and ongoing education dollars approved during the current biennium, we continue to believe that the State should increase its commitment to K-12 education in a manner that reflects the true costs of K-12 education. This belief was supported this past summer with the release of the Joint Legislative Audit and Review Commission (JLARC) report on K-12 education funding, which found that public education in Virginia is underfunded, noting that local school divisions receive less K–12 funding per student than divisions in other states and several key funding benchmarks.
Local governments consistently go “above and beyond” by appropriating twice as much K-12 funding as required by the state. We believe localities need an adequately-defined SOQ so that state funding better aligns with prevailing local practice in schools that drives the additional local dollars. This could include recognizing additional instructional positions and increasing state-funded staffing ratios for various non-instructional positions in the education funding formula.
Further, we urge state efforts to support 1) flexibility in the use of state funds provided for school employee compensation. 2) adequate pipeline programs for teachers, especially in critical shortage areas; and 3) funding and policies that assist localities in addressing challenges with hiring school bus drivers and mental health professionals.
Budgets and Funding
PRIORITY: The Planning District’s member localities urge the governor and legislature to enhance state aid to localities, to not impose unfunded mandates on or shift costs to localities, and to enhance local revenue
options.
As the State continues to fine-tune revenue and spending priorities for the current biennium, we encourage support for K-12 education, health services, public safety, economic development and other public goals. Localities continue to be the state’s “go-to” service provider and we believe state investment in local service delivery must be enhanced. Especially in these critical times, the State should not expect local governments to pay for new funding requirements or to expand existing ones on locally-delivered services, without a commensurate increase in state financial assistance. We oppose unfunded state and federal mandates and the cost shifting that occurs when the State or the federal government fails to fund requirements or reduces or eliminates funding for programs. Doing so strains local ability to craft effective and efficient budgets to deliver required services or those demanded by residents. We support the legislature making additional revenue options available to localities in order to diversify the local revenue stream. Any tax reform efforts should examine the financing and delivery of state services at the local level and how revenue is generated relevant to our economic competitiveness. The State should not eliminate or restrict local revenue sources or confiscate or redirect local general fund dollars to the state treasury. This includes Communications Sales and Use Tax Trust Fund dollars, the local share of recordation taxes, and any state-mandated exemptions to the local option sales tax, unless a viable revenue-replacement to local governments is established.
Land Use and Growth Management
PRIORITY: The Planning District’s member localities encourage the State
to resist preempting or circumventing existing land use authorities, and to
support local authority to plan and regulate land use.
In the past, the General Assembly has enacted both mandated and optional land use
provisions. Some have been helpful, while others have prescribed one-size-fits-all rules that
hamper different local approaches to land use planning. Accordingly, we support local authority
to plan and regulate land use and oppose legislation that weakens these key local responsibilities.
• We support the State providing additional tools to plan and manage growth, as current land use
authority often is inadequate to allow local governments to provide for balanced growth in ways
that protect and improve quality of life.
• We support broader impact fee authority for facilities other than roads, authority that should
provide for calculating the cost of all public infrastructure, including local transportation and
school construction needs caused by growth.
• We support changes to provisions of the current proffer law that limit the scope of impacts that
may be addressed by proffers.
• We oppose legislation that would 1) restrict local oversight of the placement of various
telecommunications infrastructure; 2) single out specific land uses for special treatment without
regard to the impact of such uses in particular locations; and 3) exempt additional facilities
serving as event spaces from building, fire code and other health and safety regulations.
• We request state funding and incentives for localities, at their option, to acquire, preserve and
maintain open space, and support greater flexibility for all localities in the preservation and
management of trees.
Broadband
The Planning District’s member localities urge and support state and federal efforts and
financial incentives that assist localities and their communities in deploying universal, affordable
access to broadband technology in unserved areas. While we appreciate federal and state actions
that have substantially increased funding for the Virginia Telecommunication Initiative (VATI),
we believe state and federal support for broadband expansion that utilizes both fiber and wireless
technologies, public/private partnerships and regulated markets should include the following:
• Support for cooperative efforts among private broadband, internet and wireless companies, and
electric cooperatives to ensure access to service at an affordable cost.
• Support for linking broadband efforts for education and public safety to private sector efforts to
serve businesses and residences.
• Maintaining local land use, permitting, fee and other local authorities.
• The ability of localities to establish, operate and maintain sustainable broadband authorities to
provide essential broadband to communities.
• Provisions and incentives that would provide a sales tax exemption for materials used to
construct broadband infrastructure.
Children’s Services Act
The Planning District’s member localities urge the State to be partners in containing
Children’s Services Act (CSA) costs and to better balance CSA responsibilities between the State
and local governments. Accordingly, we take the following positions:
• We support local ability to use state funds to pay for mandated services provided directly by the
locality, specifically for private day placements, where the same services could be offered in
schools.
• We support the state maintaining cost shares on a sum sufficient basis by both the State and
local governments; changing the funding mechanism to a per-pupil basis of state funding would
shift the sum sufficient portion fully to localities, which we would oppose.
• We support enhanced state funding for local CSA administrative costs.
• We support a cap on local expenditures (with the State making up any gaps) in order to combat
higher costs for serving mandated children.
• We support the State being proactive in making residential facilities, services and service
providers available, especially in rural areas, and in supporting locality efforts to provide facilities
and services on a regional level.
• We oppose state efforts to increase local match levels and to make the program more uniform
by attempting to control how localities run their programs.
Economic and Workforce Development
The Planning District’s member localities recognize economic development and workforce
training as essential to the continued viability of the Commonwealth. Policies and additional state
funding that closely link the goals of economic and workforce development and the state’s efforts
to streamline and integrate workforce activities and revenue sources are crucial. Accordingly, we
support the following:
• Enhanced coordination with the K-12 education community to equip the workforce with in demand
skill sets, so as to align workforce supply with anticipated employer demands.
• Continuing emphasis on regional cooperation in economic, workforce and tourism development.
• Continuation of the GO Virginia initiative to grow and diversify the private sector in each
region.
• State job investment and small business grants being targeted to businesses that pay higher
wages.
• State support for the Virginia Business Ready Sites Program and for an economic development
project adjacent to the existing Rivanna Station.
• Increased state funding for regional planning district commissions.
Education
The Planning District’s member localities believe that, in addition to funding the Standards
of Quality (as previously noted), the State should be a reliable funding partner with localities by
recognizing other resources necessary for a high-quality public education system. Accordingly,
we take the following positions:
• Concerning school facilities, we appreciate and support the school construction assistance
programs enacted in 2022 and request that they be consistently funded. We also support allowing
all localities the option of levying a one-cent sales tax to be used for construction or renovation of
school facilities. The State also should discontinue seizing dollars from the Literary Fund to help
pay for teacher retirement.
• The State must continue to be a partner in sharing costs with localities for children served in
private special education placements.
• We support 1) amending the LCI formula to recognize the land use taxation value, rather than
the true value, of real property; and 2) preserving current Code provisions stipulating that local
school funds unexpended at the end of the year be retained by the local governing body.
• We believe that unfunded liability associated with the teacher retirement plan should be a shared
responsibility of state and local government.
Environmental and Water Quality
The Planning District’s member localities believe that environmental and water quality
should be funded and promoted through a comprehensive approach, and address air and water
quality, solid waste management, land conservation, climate change and land use policies. Such
an approach requires regional cooperation due to the inter-jurisdictional nature of environmental
5
resources, and adequate state funding to support local and regional efforts. Accordingly, we take
the following positions:
• We oppose legislation mandating expansion of the Chesapeake Bay Preservation Act’s coverage
area.* Instead, we urge the State to provide legal, financial and technical support to localities that
wish to improve water quality and use other strategies that address point and non-point source
pollution. We also support aggressive state investment in meeting required milestones for
reducing Chesapeake Bay pollution to acceptable levels.
• We support state investment targeted to permitted dischargers to upgrade treatment plants, to aid
farmers with best management practices, and to retrofit developed areas.
• We support continued investment in the Stormwater Local Assistance Fund to assist localities
with much-needed stormwater projects and in response to any new regulatory requirements. Any
such requirements should be balanced, flexible and not require waiver of stormwater charges.
• We support the option for localities, as a part of their zoning ordinances, to designate and/or
reasonably restrict the land application of biosolids to specific areas within the locality.
• We support legislative and regulatory action to ensure effective operation and maintenance of
alternative on-site sewage systems and to increase options for localities to secure owner
abatement or correction of system deficiencies.
• We support dam safety regulations that do not impose unreasonable costs on dam owners whose
structures meet current safety standards.
• The State should be a partner with localities in water supply development and should work with
and assist localities in addressing water supply issues, to include providing funding for
development and implementation of state-required regional plans and investing in regional
projects.
• The State should not impose a fee, tax or surcharge on water, sewer, solid waste or other local
services to pay for state environmental programs.
• We support local authority to address choices and impacts associated with utility-scale
installation of clean energy resources. As the move to non-carbon sources of energy continues,
we support the creation of stronger markets for distributed solar and authority for local
governments to install small solar facilities on government-owned property and use the electricity
for schools or other government-owned buildings located nearby.
General Government
The Planning District’s member localities believe that since so many governmental actions
take place at the local level, a strong local government system is essential. Local governments
must have the freedom, flexibility and tools to fulfill their responsibilities. Accordingly, we take
the following positions:
• State policies should protect local governments’ current ability to regulate businesses, to include
collection and auditing of taxes, licensing and regulation, whether they are traditional, electronic,
internet-based, virtual or otherwise, while encouraging a level playing field for competing
services in the marketplace.
• We oppose intrusive legislation involving purchasing procedures; local government authority to
establish hours of work, salaries and working conditions for local employees; matters that can be
adopted by resolution or ordinance; and procedures for adopting ordinances.
• The state should maintain the principles of sovereign immunity for local governments and their
employees, to include regional jail officers.*
• Localities should have maximum flexibility in providing compensation increases for state supported
local employees (including school personnel), as local governments provide significant
local dollars and additional personnel beyond those funded by the State. We also support the use
of a notarized waiver to allow volunteer workers to state they are willing to provide volunteer
services and waive any associated compensation.
• We urge state funding to address shortfalls in elections administration dollars, as administration
has become more complex and federal and state financial support for elections continues to lag
behind the need. We request adequate funding for costs associated with voting equipment,
registrar offices, early voting requirements and election security standards.
• We urge state funding necessary for agencies to carry out tasks such as processing applications,
reviewing permits and other critical administrative functions.
• We support expanding the allowable use of electronic meetings for all local public bodies, with
flexibility for them to determine public comment, participation and other procedures. Also, any
changes to FOIA should preserve 1) a local governing body’s ability to meet in closed session; 2)
the list of records currently exempt from disclosure; and 3) provisions concerning the creation of
customized records.
• We support the use of alternatives to newspapers for publishing various legal advertisements
and public notices.
• We support federal and state funding for localities to acquire and maintain advanced
cybersecurity to protect critical systems and sensitive data.
• We support enhanced state funding for local and regional libraries.
• We support expanding local authority to regulate smoking in public places.
Health and Human Services
The Planning District’s member localities recognize that special attention must be given to
helping disabled people, poor people, and young and elderly people achieve their full potential.
Transparent state policies and funding for at-risk individuals and families to access appropriate
services are critical. Accordingly, we take the following positions:
• We support full state funding for any local costs associated with Medicaid expansion, including
local eligibility workers and case managers, but oppose any shifting of Medicaid matching
requirements from the State to localities.
• The State should provide sufficient funding to allow Community Services Boards to meet the
challenges of providing a community-based system of care that helps divert people from needing
a state hospital level of care, as well as having services such as outpatient and permanent
supportive housing available. We also support measures to address census pressures at state
hospitals that will enable them to receive admissions of individuals subject to temporary
detention orders without delays.
• The State should ensure that stable, predictable funding through state and federal appropriations
is available to help low-income families with children achieve economic self-sufficiency.
• We support the provision of sufficient state funding to match federal dollars for the
administration of mandated services within the Department of Social Services, and to meet the
staffing standards for local departments to provide services as stipulated in state law.
• We support continued operation and enhancement of early intervention and prevention
programs, including the Virginia Preschool Initiative and Part C of the Individuals with
Disabilities Education Act (infants and toddlers).
Housing
The Planning District’s member localities believe every citizen should have an opportunity
to afford decent, safe and sanitary housing. The State, regions and localities should work to
promote affordable and mixed-use housing, and to expand and preserve the supply and improve
the quality of housing that is affordable for the elderly, disabled, and low- and moderate-income
households.
• We support the following: 1) local authority to promote and flexibility in the operation of
housing affordability programs and establishment of affordable dwelling unit ordinances; 2)
increased federal and state funding, as well as appropriate authority and incentives, to assist
localities in fostering housing that is affordable; 3) grants and loans to low- or moderate-income
persons to aid in purchasing dwellings; and 4) measures to prevent homelessness and to assist the
chronic homeless.
• We support incentives that encourage rehabilitation and preservation of historic structures.
Public Safety
The Planning District’s member localities encourage state financial support, cooperation and
assistance for law enforcement, emergency medical care, criminal justice activities and fire
services responsibilities carried out locally. Accordingly, we take the following positions:
• The Compensation Board should fully fund local positions that fall under its purview, to include
supporting realistic levels of staffing to enable constitutional offices to meet their responsibilities
and limit the need for localities to provide additional locally-funded positions. The Compensation
Board should not increase the local share of funding for Constitutional offices or divert money
away from them, and localities should be afforded flexibility in the state use of state funds for
compensation for these offices.
• We encourage state support and incentives for paid and volunteer fire/EMS/first responders,
given the ever-increasing importance they play in local communities.
• We support state efforts to assist localities in recruiting and retaining law enforcement
personnel.
• We support changes to the Line of Duty Act (LODA) to afford officers employed by private
police departments the benefits available under LODA.
• We urge state funding of the HB 599 law enforcement program in accordance with Code of
Virginia provisions.
• We support adequate and necessary funding for mental health and substance abuse services at
juvenile and adult detention facilities and jails.
• We encourage needed funding for successful implementation of policies and programs that 1)
supplement law enforcement responses to help individuals in crisis to get evaluation services and
treatment; 2) provide alternative transportation options for such individuals; and 3) reduce the
amount of time police officers must spend handling mental health detention orders.
• In an effort to fairly share future cost increases, we support indexing jail per diem costs as a
fixed percentage of the actual, statewide daily expense average, as set forth in the annual Jail Cost
Report.
• We support the ability of local governments to 1) adopt policies regarding law enforcement
body worn cameras that account for local needs and fiscal realities, and 2) utilize photo speed
camera devices on locally-designated highway segments.
Transportation
The Planning District’s member localities recognize that revenues for expanding and
maintaining all modes of infrastructure are critical for meeting Virginia’s well-documented
transportation challenges; for attracting and retaining businesses, residents and tourism; and for
keeping pace with growing public needs and expectations. We encourage the State to prioritize
funding for local and regional transportation needs. Accordingly, we take the following positions:
• As the State continues to adjust the “Smart Scale” prioritization and the funds distribution process,
there should be state adequate funding and local authority to generate transportation dollars for
important local and regional projects across modes.
• We support additional authority to establish mechanisms for funding transit and non-transit
projects in our region.
• We support the Virginia Department of Transportation utilizing Metropolitan Planning
Organizations and regional rural transportation staff to conduct local transportation studies.
• We oppose attempts to transfer responsibility to counties for construction, maintenance or
operation of current or new secondary roads.
• We support ongoing state and local efforts to coordinate land use and transportation planning and
urge state and local officials to be mindful of various local and regional plans when conducting
corridor or transportation planning within a locality or region.
REGIONAL JAIL RENOVATION PROJECT INTERIM FINANCING (R2023-73)
RESOLUTION APPROVING THE ISSUANCE OF OBLIGATIONS FOR IMPROVEMENTS TO THE ALBEMARLE-CHARLOTTESVILLE REGIONAL JAIL AUTHORITY FACILITIES
The Albemarle-Charlottesville Regional Jail Authority (the “Authority”) is a public
instrumentality of the Commonwealth of Virginia created pursuant to Article 3.1, Chapter 3, Title 53.1, Code of Virginia of 1950, as amended (the “Act”) by resolutions duly adopted by the
governing bodies of the County of Nelson (the “County”), the County of Albemarle and the City
of Charlottesville, Virginia (collectively, the “Member Jurisdictions”) for the purpose of
developing regional jail facilities, in particular, the regional jail joint security complex located at
1600 Avon Street Extended, Charlottesville, Virginia (the “Regional Jail”) to be operated on
behalf of the Member Jurisdictions by the Authority; the Authority and the Member Jurisdictions have entered into an Amended and Restated Service Agreement, dated June 9, 2022 (the “Service Agreement”), in which the Authority has agreed to, design, construct and equip the Regional Jail and obtain financing therefor. The Authority has been authorized by the General Assembly of the Commonwealth of Virginia in 2023 to obtain significant funding (the
“Commonwealth Funds”) for eligible costs of certain improvements to the Regional Jail (the “Improvements”); The expected cost the project is approximate $49,000,000. $48,000,000 is expected to be eligible for 25% reimbursement from the state. It is expected that Nelson County s share of the cost based on FY 2024 estimates of inmate days is 14.74%.
The Authority proposes to issue a series of financing, including but not limited to,
interim financing relating to the design and construction of the Improvements to the Regional Jail and subsequently issue its revenue notes and bonds to provide longer term financing of the same (the “Obligations”) a portion of which Obligations are to be repaid with the Commonwealth Funds (Twenty-five per cent of the costs are expected to be reimbursed by the state). The Authority’s financial advisor, Davenport & Company LLC has advised the Authority that an interim financing of the Obligations would be in the best interests of the Authority given current market conditions and preliminary nature of cost estimates for the
Improvements; Section 3.1 of the Service Agreement provides that in order for the Authority to issue the Obligations, the governing bodies of each of the Member Jurisdictions are required to approve of the issuance thereof.
The Board unanimously approved (4-0) the following:
1. It is determined to be in the best interests of the County and its citizens for the Board of Supervisors as the governing body of the County, to approve the Authority’s issuance of
the Obligations for interim financing of the Improvements in amount not to exceed
$4,500,000 by adoption of this resolution.
2. In consideration of the Authority’s undertakings with respect to the issuance of the
Obligations, the Chair or Vice-Chair of the Board of Supervisors, is hereby authorized and
directed to execute and deliver such instruments and certificates as deemed appropriate and
necessary for the issuance of such Obligations by the Authority, including but not limited
to a support agreement or agreements relating to its obligations as a Member Jurisdiction
under the Service Agreement.
3. The County Administrator is hereby authorized and directed to take all proper steps on
behalf of the County as may be required, in accordance with the plan of financing set forth
above, including, but not limited to, certificates and documents relating to the issuance of
the Obligations
4. Nothing contained herein is or shall be deemed to be a lending of the credit of the County to the Authority, or to any holder of any of the Obligations or to any other person, and
nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the
taxing power of the County.
5. All actions previously taken by representatives or agents of the County in furtherance of the plan of financing of the Improvements and the issuance of the Obligations are hereby
ratified and approved.
6. This resolution shall take effect immediately.
VI. OTHER BUSINESS (AS PRESENTED)
VII. ADJOURNMENT