NELSON COUNTY BOARD OF SUPERVISORS | MAY 9, 2023
NELSON COUNTY BOARD OF SUPERVISORS
MAY 9, 2023
All Supervisors Were Present
CONSENT AGENDA
A. Resolution – R2023-28 Minutes for Approval Passed unanimously.
B. Resolution – R2023-29 Budget Amendment Passed unanimously.
I. Appropriation of Funds (General Fund)
Amount Revenue Account (-) Expenditure Account (+)
$ 7,689.60 3-100-002404-0006 4-100-022010-5419
$ 3,257.00 3-100-002404-0001 4-100-031020-5419
$ 17,088.00 3-100-002404-0001 4-100-031020-5419
$ 20,000.00 3-100-002404-0060 4-100-081020-7058
$ 48,034.60
C. PROCLAMATION - MAY IS OLDER AMERICANS MONTH (P2023-02) Passed Unanimously
WHEREAS, Nelson County includes a growing number of older Americans, with 28.8 percent of the population, who contribute their time, wisdom, and experience to our community; and
WHEREAS, communities benefit when people of all ages, abilities, and backgrounds have the opportunity to participate and live independently; and
WHEREAS, the theme of Older Americans’ Month is “Aging Unbound”, recognizing the importance of:
• Not limiting our thinking about aging,
• Exploring and combating stereotypes,
• Emphasizing the many positive aspects of aging,
• Inspiring older adults to push past traditional boundaries, and
• Embracing our community’s diversity; and
WHEREAS, Nelson County recognizes the need to create a community that offers the services and support older adults may need in order to make choices about how they age.
NOW, THEREFORE, the Nelson County Board of Supervisors does hereby proclaim May 2023 to be Older Americans Month. The Nelson County Board of Supervisors urges every resident to celebrate our older citizens, help to create an inclusive society, and accept the challenge of flexible thinking around aging.
D. RESOLUTION - RECOGNITION OF ANGELA ROSE (R2023-30) Passed Unanimously
WHEREAS, Mrs. Angela A. Rose, Director of the Department of Social Services, is retiring as of June
1, 2023 after having tirelessly served the citizens of Nelson County for approximately forty (40) years;
and
WHEREAS, Mrs. Rose began her employment with the Nelson County Social Services Department in 1983, and was promoted to director of the department in 2014; and
WHEREAS, during her tenure with the Nelson County Social Services Department, Mrs. Rose worked in all areas of family services, from working in child protective services, adult protective services and adult services, as well as directing foster care and a childcare program; and
WHEREAS, Mrs. Rose has dedicated her career to improving the lives of the families and children of Nelson County; and
WHEREAS, Mrs. Rose is highly regarded as a consummate professional in her field, her public service has served to greatly enhance the Nelson County Community and beyond, and she has been an esteemed colleague and friend;
NOW, THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors does hereby honor Mrs. Angela Rose with great appreciation for her dedicated and steadfast service to Nelson County and its citizens throughout her tenure, and
BE IT FURTHER RESOLVED, that Mrs. Rose will be missed both personally and professionally and the Board wishes her and her family continued health, happiness, and prosperity upon her well-deserved retirement.
PRESENTATIONS
A. VDOT Report Postponed to the 7:00 pm meeting.
NEW & UNFINISHED BUSINESS
Gladstone Depot TAP Grant Memorandum of Agreement (R2023-31) Unanimously approved.
Nelson County sponsored a project application on behalf of the Friends of Gladstone Depot to request federal funding to assist in relocating and restoring the Historic Gladstone Train Depot.
The Commonwealth Transportation Board awarded $586,966 in funding to Nelson County for the Historic Gladstone Train Depot as part of the Transportation Alternatives Program. During the grant application process, the Friends of Gladstone Depot and Nelson County indicated a commitment to provide the required 20% local match through cash and/or in-kind contributions. The required 20% local cash and/or in-kind match for this award is $146,742 if the value of the land is accepted as in kind match) ($61,742and the Transportation Alternative Program grant provisions require a local commitment of completion of the entire project; including the balance of estimated project costs currently $2,461,15; and the County desires to have VDOT administer the project;
It was unanimously resolved that Nelson County hereby agrees to enter into the Project Administration Agreement with the Virginia Department of Transportation to administer the Gladstone Depot Restoration project; providing oversight that ensures the project is developed in accordance with all state and federal requirements for design and construction of a federally funded transportation project, to commit to the provision of the required 20% local cash and/or in-kind match and completion of the entire project, and that if Nelson County subsequently elects to cancel this project, the County agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. Nelson County also agrees to repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration.
The County Administrator is authorized to execute the attached Project Administration Agreement by and between Nelson County and the Virginia Department of Transportation for the Gladstone Depot Restoration project.
Authorization for Public Hearing on Real Property Tax Exemptions for Veterans (R2023-32) Unanimously Approved
Pursuant to §15.2-1427 of the Code of Virginia 1950 as amended, the County Administrator is hereby authorized to advertise a public hearing to be held on July 11, 2023 at 7:00 PM in the General District Courtroom in the Courthouse in Lovingston, Virginia. The purpose of the public hearing is to receive public input on an Ordinance proposed for passage to amend Chapter 11, Taxation, Article II Real Property Tax. Proposed new section 11-68 would provide for real property tax relief for the surviving spouse of any United States armed forces member killed in action. Proposed new section 11-69 provides for the method of making an application for the exemption in proposed new section 11-68. Proposed new section 11-70 would provide for real property tax relief for any veteran who has a 100 percent service-connected, permanent and total disability, and would also allow a surviving spouse to be eligible to qualify for the exemption. Proposed new section 11-71 provides the method for application of exemption for disabled veterans or their surviving spouse. These provisions have been enabled by State Code; however, have not been provided for in the County Code.
Juneteenth Celebration Committee Funding Request: $5,000 was unanimously approved to fund the event. It will be at the Nelson Heritage Center on June 18, 2023 starting at 3:00 p.m. with a formal program and then luncheon the lawn with activities for all ages.
D. 4th of July Event Proposal: The Board unanimously approved a sum not to exceed $10,000 to finance the following proposal: The length of the show will be 20 minutes on July 2nd. The technician intends to use 3” and some 6” mortars. Currently, the location of the show is still being discussed. The committee, along with county deputies and parks and rec, have narrowed down the fireworks location to the high school or the area of Callowhill Drive. At this time, our next step is to walk through the locations with the fireworks technician to determine what area is the safest. The volunteer fire department is committed to ensuring the safety of the
residents of Lovingston. If the permits and the board approve of the firework show, our
social media and parade teams are committed to posting on Facebook and printing flyers
to warn residents of the loud noise. We will be posting tips on safety for residential pets
as well.
REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE
A. Reports
1. County Administrator’s Report: The following was received from Candace McGarry:
A. Comprehensive Plan: The project website is www.Nelson2042.com. The last of four scheduled joint work sessions of the Board of Supervisors and Planning Commission will be held on May 17, 2023 at 6:30 PM and will entail review of draft chapters pertaining to Land Use and Transportation.
B. Real Estate Tax Bills: Due to a glitch in the tax bill printing vendor’s programming, 2023 Real Estate tax bills that are normally paid by lenders, were inadvertently mailed out to taxpayers. Citizens that received their 2023 Real Estate tax bill which is typically paid by their lender should disregard the bill and not pay it.
C. Nelson 151 Corridor Study: The first of two public engagement sessions was held on April 18th at the Rockfish Valley Community Center. It was well attended and attendees had the opportunity to review VDOT provided corridor study data and to participate in a question and answer session with VDOT staff and the project consultant. The second session is TBD.
D. FY23 Budget Status: Most expenditures are tracking as expected with a few exceptions that are higher than budgeted: County Attorney Fees, Gas, Oil, and Grease, Children’s Services Act (CSA), and Juvenile Detention Services. These increased costs will be covered by remaining contingency funds and greater than expected realized local revenues, if needed, in the following categories: Meals and Lodging Tax, Court Fines and Forfeitures, and Interest on Investments. Greater CSA expenses will be offset by greater revenue from the State providing for their percentage share. Real Estate and Personal Property Taxes are expected to hit or exceed budgeted estimates, primarily due to the receipt of higher than anticipated taxes paid for prior years. Other local revenues in total are currently tracking approximately 8.4% ahead of budget estimates.
E. FY24 Budget: The Board will conduct a public hearing on the proposed FY24 Budget for all funds at the evening session and there must be at least a seven (7) day lapse between the public hearing and budget adoption. There has been no additional work by the State on the FY24 State budget since the passage of the “skinny budget” which makes required deposits to the state’s Revenue Stabilization (“rainy day”) Fund, provides some surplus revenue from the prior fiscal year to capital projects and the Virginia Retirement System as they had agreed to do in last year’s budget agreement, makes technical updates to K-12 funding, and provides $16.8 million toward fixing the $201 million math error by the State Department of Education.
F. NC Adult Drug Court: Pursuant to Virginia State Code §18.2-254.1 the Drug Court Advisory Committee and Drug Court Team has been established. While not an official public body, subject to the Freedom of Information Act, the Advisory Committee is working to create its bylaws and adopt a Drug Court operations manual. An employment offer has been made for the Drug Court Coordinator position and it is anticipated that the Court will begin its docket in early June. Drug Court will be conducted weekly on Tuesdays from noon to 1pm in Circuit Court.
G. Opioid Abatement Authority Application: The regional application to the State Opioid Abatement Authority that would benefit the member localities of Region Ten including Nelson, Charlottesville, Albemarle, Fluvanna, Greene, and Louisa was submitted by Albemarle County to the OAA by the May 5th deadline. All six (6) localities served by Region Ten agreed to be part of the Cooperative Agreement. The proposal would use these grant funds to expand Region Ten Crisis Response services, CITAC services, and Community Outreach services that are currently available to its members. A decision on grant award is anticipated sometime prior to July 1, 2023.
H. Central VA Partnership for Economic Development: At the April 28th zoom meeting, the Board voted to hire Resource Development Group to conduct a fundraising feasibility study on behalf of the CVPED to gauge the capacity for new private sector investment that could be raised from a formal fundraising campaign. Additionally, results of a study by UVA’s Weldon Cooper Center on the economic impact of the defense industry in the study region of Albemarle, Charlottesville, and Greene, were shared and the information will help CVPED better showcase defense as one of the region’s very important target industries. The region’s defense industry as studied is comprised of Rivanna Station, which houses the National Ground Intelligence Center (NGIC), Defense Intelligence Agency (DIA), and The National Geospatial-Intelligence Agency (NGA), the Judge Advocate General’s Legal Center and School, Military Veterans, Department of Defense Contracts, the University of Virginia, Reserves and National Guard, and Other Sources. The full study results are available upon request. Excerpt from Executive Summary: “Economic impact results indicate that the defense industry directly accounts for 3,972 jobs, $421 million in labor income, $501 million in value-added, and $642 million in output. When indirect and induced impacts stemming from this activity are accounted for, the total regional economic impact is 7,347 jobs, $618 million in labor income, $831 million in value-added and $1.2 billion in output. This represents 5.9 percent of the Charlottesville region employment, 7.5 percent of labor income, 6.2 percent of value-added, and 5.7 percent of output.”
I. Regional Library Agreement Review: Every five (5) years the members of the Regional Library are tasked with reviewing the regional agreement. The paramount consideration is keeping or not the out of area (OA) fee and its impact on member library costs; which primarily impacts Charlottesville and Albemarle. This analysis was provided by JMRL Executive Director Plunkett for the committee’s review and discussion, however any further consideration has been delayed by work on member locality’s budgets. Any proposed amendment to the agreement will need approval by each of the Member governing bodies.
2. Board Reports: The Nelson County Service Board at 10:00 am will meet on June 15, 2023 to discuss a proposed 15% rate increase to u[grade the service line in Lovingston.
B. Appointments: Ernie Reed will move to the Agricultural and Forestal District Advisory Committee and take Supervisor Barton’s former seat. The remaining openings were tabled until the June meeting.
C. Correspondence: None
D. Directives: None
7:00 PM Meeting
A. FY24-29 Secondary Six-Year Road Plan (R2023-33): Pursuant to Sections 33.2-331 and 33.2-332 of the 1950 Code of Virginia, as amended, provides the opportunity Nelson County to work with the Virginia Department of Transportation in developing a Secondary Six-Year Road Plan. The Board had previously agreed to assist in the preparation of this Plan, in accordance
with the Virginia Department of Transportation policies and procedures. A public
hearing on the proposed Plan (2023/24 through 2028/29) as well as the Construction Priority List
(2023/24) occurred May 9, 2023 and the Staff of the Virginia Department of Transportation, appeared before the Board and recommended approval of the Six-Year Plan for Secondary Roads (2023/24 through 2028/29). VDOT reported that Route 666 (Jacks Hill) , Route 654 (Cedar Creek) Route 765 (Honey Suckle), Route 643 (Bald Mountain), and Route 674 (Cow Hollow) are under construction and left over funds could be used for Route 623 (Davis Creek) . Under the proposed six year plan, would include a $600,000 contribution from the state for road work in the first two years and will reduce to $450,000 in the third year as the number of roads requiring paving will have been significantly reduced. The Roads in need of paving have been prioritized as follows:
ROUTE NAME FROM TO LENGTH TC - VPD NOTES
646 Hunting Lodge Road Rte 604 Rte 645 2.00 Mi 50 $400,000
674 Jennys Creek Rd Rte 56 Rte 151 1.2 Mi 60 $250,000
606 Buffalo Station Rte 626 1.4 Mi East 1.4 Mi 60 $260,000
667 Fork Mt 1.29 Mi North Rt 56 2.29 Mi N 1.00 Mi 130 $225,000
629 Gullysville Lane Rte 634 Dead End 1.27 Mi 60 $200,000
613 Berry Hill Rd Rte 788 1.10 Mi S 1.00 Mi 60 $200,000
640 Wheelers Cove Rd Rte 620 1.50 Mi 1.5 Mi 80 $300,000
764 Walk Around Ln RTE 628 Dead End 0.60 Mi 50 $150,000
721 Green Field Dr .70 Mi N RTE 626 2.8 Mi N 2.1 Mi 70 $450,000
$2,435,000
Eagle Mountain Drive was added at the meeting.
Estimates based $200,000- $250,000.
No public comments were received at the meeting. The Board unanimously approved the plan as amended
B. Proposed Transient Occupancy Tax Rate Increase (O2023-02)
The board considered the following amendment to the tax rate for transient housing:
“Sec. 11-131. Levy of tax on transient room rentals; collection generally.
There is hereby imposed and levied upon every transient obtaining or occupying lodging within
the county, in addition to all other taxes and fees of every kind now imposed by law, a tax equivalent to seven (7) five (5) percent of the amount charged for such lodging. The tax shall be collected from transients in the manner and at the time provided for in this article.
BE IT FURTHER ORDAINED, that this ordinance becomes effective January 1, 2024.”
Two people spoke during the public comments against the increase because they felt the increase would discourage tourism and one spoke in favor, being of the opinion that cost to the renters was too small to affect anyone’ decision to enter into a short term rental. The motion was tabled until the June 13th meeting to permit a work session for the Board prior to a decision.
C. FY23-24 County Budget, All Funds: The following proposed budget was presented to the board by the county:
The proposed 2023/2024 Fiscal year budget includes the Real Estate Tax Rate
(inclusive of mobile homes taxed at the Real Estate Tax Rate), Personal Property
Tax Rate, and the Machinery and Tools Tax Rate as adopted on April 11, 2023, via
Board of Supervisor’s Resolution R2023-21, effective January 1, 2023. All tax rates
are levied per $100 of assessed value and are proposed as follows:
2022 2023
Real Property Tax $0.65 $0.65
Tangible Personal Property 2.79 2.79
Machinery & Tools Tax 1.25 1.25
Mobile Home Tax 0.65 0.65
PROPOSED 23/24 GENERAL FUND BUDGET
Anticipated Revenue (Local)
General Property Taxes $28,484,240
Other Local Taxes 7,084,065
Permits, Fees, and Licenses 414,483
Fines and Forfeitures 164,750
Interest and Rentals 504,150
Charges for Services 286,432
Expenditure Refunds 110,816
Miscellaneous 93,326
Recovered Costs 852,300
TOTAL ANTICIPATED LOCAL REVENUES $37,994,562
Anticipated Revenues (State)
Non-categorical Aid $2,528,465
Categorical Aid 2,296,750
TOTAL ANTICIPATED STATE REVENUES $4,825,215
Anticipated Revenues (Federal)
Non-categorical Aid $62,150
Categorical Aid 1,224,410
TOTAL ANTICIPATED FEDERAL REVENUES $1,286,560
Other Financing Sources
Non-Revenue Receipts $20,000
Transfers 0
$20,000
Year Ending Balance $6,095,997
TOTAL AVAILABLE REVENUE $50,222,334
Proposed Expenditures
General Government Administration $2,372,782
Judicial Administration 1,395,232
Public Safety 7,762,319
Public Works 2,470,235
Health & Welfare 4,647,361
Education 18,547,285
Parks and Recreation 370,397
Community Development 787,386
Non-Departmental 4,691,407
Capital Outlay 2,641,454
Refunds 52,000
Capital Projects 249,570
Contingency Reserves 909,622
Debt Service (Transfer to Debt Service) 3,325,284
TOTAL PROPOSED EXPENDITURES AND RESERVE $50,222,334
PROPOSED 23/24 DEBT SERVICE BUDGET
TOTAL ANTICIPATED REVENUE $ 6,341,318
TOTAL PROPOSED EXPENDITURES $ 6,341,318
PROPOSED 23/24 CAPITAL FUND BUDGET
TOTAL ANTICIPATED REVENUE $705,251
TOTAL PROPOSED EXPENDITURES $705,251
PROPOSED 23/24 SCHOOL DIVISION BUDGET
Anticipated Revenue (Local)
Transfer from General Fund $18,379,837
Transfer from General Fund (School Nursing) 164,935
Other Local Funds 417,366
TOTAL ANTICIPATED LOCAL REVENUE $18,962,138
Anticipated Revenue (State)
State Aid 7,017,201
State Sales Tax 2,428,562
TOTAL ANTICIPATED STATE REVENUE $9,445,763
Anticipated Revenue (Federal)
Categorical Aid 2,402,195
Federal Covid-19 Stimulus Funding 3,884,299
TOTAL ANTICIPATED FEDERAL REVENUE $6,286,494
TOTAL ANTICIPATED REVENUES $34,694,395
Proposed Expenditures
Major Categories Combined $34,694,395
TOTAL PROPOSED EXPENDITURES $34,694,395
PROPOSED 23/24 TEXTBOOK FUND BUDGET
TOTAL ANTICIPATED REVENUE $595,000
TOTAL PROPOSED EXPENDITURES $595,000
PROPOSED 23/24 CAFETERIA FUND BUDGET
TOTAL ANTICIPATED REVENUE $299,280
TOTAL PROPOSED EXPENDITURES $299,280
PROPOSED 23/24 PINEY RIVER WATER/SEWER BUDGET
TOTAL ANTICIPATED REVENUE $194,908
TOTAL PROPOSED EXPENDITURES $194,908
FY23/24 BUDGET SUMMARY AS PROPOSED
REVENUES BY FUND
General Fund $50,222,334
Debt Service Fund 6,341,318
Capital Fund 705,251
School Division 34,694,395
Textbook Fund 595,000
Cafeteria Fund 299,280
Piney River Water & Sewer Fund 194,908
$93,052,486
EXPENDITURES BY FUND
General Fund $50,222,334
Debt Service Fund 6,341,318
Capital Fund 705,251
School Division 34,694,395
Textbook Fund 595,000
Cafeteria Fund 299,280
Piney River Water & Sewer Fund 194,908
$93,052,486
Linda Staton, director of Finance and Human Resources presented the budget. She was clear, concise, and comprehensive. The increase in the budget is in part the result of across the board pay increases for county employees with specific additional increases to bring the salaries up to the recommended minimum to make them competitive with neighboring locals. The increase also includes newly created positions. The aggregate cost of health insurance for employees has increased 9.9%.
The appropriations for the School System are the single largest expenditure in the budget and exceed the amount raised from real estate taxes. $193,000 came from other revenue sources. The average expenditure per student is $26,467. Local revenues provide $13,485 per student and the balance is paid by the state and federal funding. The student population is declining (403 student reduction at the elementary level) resulting in a reduction in state funding. Public comments were limited (1 person) but raised issue of whether the rising per student cost of education in the county is sustainable. State budgetary decisions are still pending which will affect the final General Fund budget and the school Division operating budget presented for the Boards approval. The School Division Budget presented is based upon the House of Representatives budget proposal.
The details of the budget (revenue sources and specific line item expenditures) are available online on the county website with detailed analysis and were reviewed in overview with a number of specifics not listed here at the evening session of the Board meeting and can be viewed on YouTube. A vote on the budget will be taken at the June 13th, 2023 at 2:00 pm.