Present: Supervisors Barton, Harvey, Rutherford, Reed, and Parr. Supervisor Harvey arrived after the vote on the Heritage Center

DECEMBER 4, 2023 
THE SPECIAL CALLED MEETING CONVENED AT 10:00 A.M. IN THE GENERAL DISTRICT COURTROOM AT THE COURTHOUSE IN LOVINGSTON

• The meeting was called to order. By Supervisor Rutherford.  No public comments were solicited.

• NELSON HERITAGE CENTER RENOVATION FINANCING

  • Consideration of Subordination Agreement

    The Board voted unanimously (4-0) to authorize the deed setting forth the language set forth below to be executed so as to enable the Heritage Center to borrow money to complete the renovations in progress.

Tax Map Number: 76-11-1A

SUBORDINATION AGREEMENT

THIS SUBORDINATION AGREEMENT (this “Subordination”) is made this ____ day of

________________________, 2023, by and between MILLENNIUM GROUP COMMUNITY FACILITY, a

Virginia nonstock corporation (the “Borrower”), COUNTY OF NELSON, a political subdivision of the

Commonwealth of Virginia (the “County”), and LOCUS IMPACT FUND (the “Lender”).

WITNESSETH:

WHEREAS, Borrower is the owner of that certain real property commonly referred to as 1653 Thomas

Nelson Highway, Arrington, Virginia 22922 (the “Property”).

WHEREAS, Borrower acquired the Property from the County by that deed dated September 6, 2013,

recorded September 11, 2013 in the Clerk’s Office, Circuit Court, Nelson County, Virginia as Instrument

Number 130002960 (the “Deed”).

WHEREAS, the County reserved in the Deed a right to itself that “if the use of the Property as a

community center and for recreational and athletic activities should cease, the Property shall revert to [the

County]” (the “Interest”).

WHEREAS, the Borrower desires to borrow from Lender the principal sum of up to One Million Eighty One Thousand Seven Hundred and 00/100 Dollars ($1,081,700.00) (the “Loan”), which is to be secured by

that certain Construction Loan Credit Line Deed of Trust, Assignment of Rents, Fixture Filing, and Security

Agreement dated _________________________________, 2023 and recorded

_____________________________ in the aforementioned Clerk’s Office as

___________________________________ (the “Deed of Trust”).

WHEREAS, the Lender would not enter into the Loan with the Borrower unless the County

subordinates the Interest to the Loan and the Deed of Trust.

WHEREAS, the County desires to subordinate the Interest to the Loan and the Deed of Trust.

NOW, THEREFORE, for and in consideration of the premises, the Interest, the Deed of Trust and debt

secured thereby, the sum of ten dollars cash in hand, and other good and valuable consideration, the receipt

and sufficiency whereof are hereby acknowledged, the parties hereby agree as follows:

The County hereby subordinates the Interest to all rights, obligations, burdens and restrictions of the

Loan and Deed of Trust. Subject to the foregoing, the Interest shall be unaffected by the Deed of Trust and

shall continue as a covenant and restriction on the Property.

By resolution of the Nelson County Board of Supervisors adopted _____________________, 2023,

The County Administrator is directed to execute this instrument on behalf of the Board.

• SHERIFF’S DEPARTMENT LEADERSHIP TRANSITION

  A. Consideration of Request to Offer Employee Retention Incentives through December 31, 2023

  (Sheriff David Hill):

  The Board voted 5-0 to adopt Sheriff David Hill's Request to Offer Employee Retention Incentives and provide a 2-year cap payout on accrued vacation hours in accordance with the County's policy, to Sheriff's office employees vacating their positions as of 12/31/23, who work through the end of December. This time is to be paid with the January payroll. Employees remaining on staff after December 31, 2023 will not be paid out. 

• Consideration of Request to Utilize Existing Local Salary Supplements as of January 1, 2024

  (Sheriff-elect Mark Embrey)

  The Board of Supervisors voted _______ to approve Sheriff-elect Mark Embrey's Request to Utilize Existing Local Salary Supplements as of January 1, 2024 to reallocate existing local salary supplements (estimated $110,362) within the current Sheriff's budget as of January 1, 2024 to secure staffing for existing positions. Additionally, the Board, also approved an additional $34,933 to help accomplish Mr. Embrey's desired restructuring of the Department. Sheriff-elect Embrey presented the attached reorganization plan for the Department and explained that to fill the positions additional funds would be need for pay differentiation based on the changes in rank and creation of certain positions.

Sheriff-elect Embrey provided the attached rational for the pay increases and additional funding request:

• OTHER BUSINESS (AS PRESENTED): None

• ADJOURNMENT.  Supervisor Rutherford Adjourned the Meeting upon the unanimous motion of the board.