SUMMARY OF THE MAY 14, 2024

NELSON COUNTY BOARD OF SUPERVISOR’S MEETING

 THE REGULAR MEETING 2:00 P.M.

Present: Supervisors Rutherford, Harvey, Parr, Reed, and Ligon.

I.          The meeting was called to order by Supervisor Parr. A moment of silence was observed followed by the Pledge of Allegiance.

II. PUBLIC COMMENTS:

            1.         Angela Hicks announced that she is retiring after 12 years as the County Treasurer as of August 1, 2024.  Neely Hull will be the acting treasurer until a special election can occur.  Ms. Hicks thanked the dedicated compassion and professionalism of her staff  and the support she received from the Board and reiterated the motto of her office “our job exists because of the people we assist.”

David Parr thanked Ms. Hicks for her service and indicated that a more formal thank you would be made by the Board in the future.

            2.         Trish Blackwell on behalf of JABA thank the Board for its support of JABA and older Americans including the Board’s support for the Proclamation naming May as Older Americans Month. 

III. CONSENT AGENDA: The following motions were unanimously approved:  

A. Resolution – R2024-34 Minutes for Approval: The February 13, 2024 minutes were approved.

B. Resolution – R2024-35 Budget Amendment

The General Fund Appropriations of $36,976.61 reflect requests of (1) $495.00 appropriation request for FY24 Sheriff's Department Non-DCJS Asset Forfeiture funds received; (2)(3) $33,020.76 + $3,460.85 for a total appropriation request of $36,481.61 in FY24 National Opioid Settlement payments received

The School Fund Supplemental Appropriation of $149,336.92 is requested as the remainder of the reappropriation of FY23 Environmental Protection Agency (EPA) Grant funds received in FY23 for the purchase of two (2) electric school buses, charging stations, and radios received and purchased in FY24. Of this total, $100,336.92 is from FY23 School funds unspent and reverted to County General Fund on June 30, 2023

A School Fund Reappropriation request from the General Fund to the School Fund in the amount of $149,336.92 is requested to reappropriate EPA Grant funds received in FY23 for the purchase of two (2) electric school buses, charging stations, and radios purchased in FY24.

A Transfer from General Fund Non-Recurring Contingency in the amount of $46,284.00 is requested to cover costs associated with the dual June 2024 primary for the Electoral Board and Registrar as follows: (1) $21,000 for wages for the Board and Poll workers during early voting and the primary election; (2) $1,072 for employer taxes on wages; (3) $100 for advertising costs; (4) $2,500 for postage for ballots and certifiedmailings; (5) $6,000 is for materials/supplies (ballots, envelopes, instructions, labels, election forms, training manuals, etc.); (6) $6,000 for programming, testing, calibrating, and USBs for voting machines; (7) $1,000 for Electoral Board Officer mileage; (8) $100 for Electoral Board Officer meals/refreshments; (9) $7,300 requested for additional staff overtime wages anticipated during early voting and the dual primary election in June 2024; (10) $562 is requested for employer taxes on wages; (11) $150 is requested tocover postal services for voter communications; (12) $500 is requested for additional office supplies and administrative materials required. Following approval of these expenditures, the balance of Non-Recurring would be $117,441.77.   

C. Resolution – R2024-36 Opposition to Appalachian Power Company: The Nelson County Board of Supervisors voted unanimously to oppose the large utility rate increase requested by AEP and voted to file this Resolution with the State Corporation Commission to demonstrate its opposition for the proposed action. The reasons for the Board’s actions were the following:

a.         the State Corporation Commission found as recently as this past November 2023that Appalachian Power Company was seeking an excessive base rate increase of $25.03 per 1,000 kilowatt-hours but still permitted a 10% increase in rates of $16.03 per 1,000 kilowatt-hours for residential customers; the new rates took effect 60 days from the date of the order, which was January 29, 2024. The development follows a recent SCC report that said an average Appalachian customer’s monthly bill rose by about $35 just between July 2022 and July 2023; The SCC’s approval allows Appalachian to, among other things, increase its annual revenue by $127.3 million and pursue a return on equity of 9.5%, up from its current state-authorized ROE of 9.2%. 

b.         Appalachian Power Company has previously received approval of a fuel factor rate increase from the SCC on February 10, 2023 that increased the average residential customer’s monthly bill by $3.00; this increase was on top of two other increases from last year resulting in an $11 increase to the average monthly bill for transmission costs and $2.37 per month to pay for costs generated by requirements of the Clean Economy Act.

c.         This substantial increase is being requested during difficult economic times and the businesses, industries and citizens of Nelson County, should not be adversely impacted because of the utility’s desire to further increase profits or seek additional revenues. This substantial increase may induce serious financial implications on Nelson County businesses, industries and our citizens, and may cause additional financial strain when times are exceedingly difficult due to increases in inflation, cost of living and may other indices.

The position of the Board is that the proposed rate increase should not be considered as AEP’s solution and it should not be considered by the SCC nor AEP at this time

IV. PROCLAMATION – MAY IS OLDER AMERICANS MONTH (P2024-02): May is Older Americans Month, a time for us to recognize and honor the many older adults in Nelson County, and their immeasurable influence on every facet of American society; and, Nelson County recognizes how, through their wealth of life experience and wisdom, older adults guide our younger generations and carry forward abundant cultural and historical knowledge;  Nelson County recognizes that older Americans improve our community through intergenerational relationships, community service, civic engagement, and many other activities;and, Nelson County benefits when people of all ages, abilities, and backgrounds have the opportunity to participate and live independently. Nelson County must ensure that older Americans have the resources and support needed to stay involved in their communities, reflecting our commitment to inclusivity, connectedness;

            The Nelson County Board of Supervisors unanimously voted to proclaim May 2024 to be Older Americans Month and to call upon all residents to recognize the profound impact of meaningful interactions and social connections on the well-being and health of older adults in our community.

 V. PROCLAMATION- MAY 24, 2024 IS DECLARED TO BE POPPY DAY in honor of all fallen American soldiers in all wars and Nelson citizens are encouraged to wear a poppy on May 24.

 VI. PRESENTATIONS

 A. VDOT Report: This was postponed until the 7:00 pm portion of the meeting.

B. Comprehensive Economic Development Plan (CEDS) – In 2021, Thomas Jefferson Planning District Commission  applied for and received a grant to create an economic plan (CEDS) for the region.  Ruth Emmer reported on the findings of the study conducted by Thomas Jefferson Planning District Commission (TJPDC)  in conjunction with GO Virginia Region 9 and the strategies developed for economic development.  The stake holders are Nelson County, Albemarle County, Charlottesville, Greene County, Fluvanna County and Louisa County. She reported that the data lagged on the ground and was collected for the period of February 2023 to May of 2024.  Part of the assessment was to determine the resilience  and vulnerabilities to economic impacts in the community. The CEDS helps to allow entities in the region to solicit grant money because the study and plan are in place. The University of VA, UVA Health, and Intelligence information firms/technology are the major employers in the area.  Because of the report and Nelson’s participation in Go Virginia Region 9, and the fact that is it borders on two (2) Regions, Nelson should be aided in applying for and receiving federal grants.  A small portion of the report is set out below.  Contact Candy McGarry in clerk’s office for the full report which is worth reading. Region 9 is eligible for approximately $10,000,000 in grants. If Nelson County partners with county(ies) in other Regions, the pot of available money  for grants expands. Nelson has a plan to share this information with the Nelson County Development Committee. High paying/ good paying job expansion is a major focus of this report. No action was requested of the Board at this time.

 C. FY23 Audit Report – Robinson, Farmer, Cox Associates: The audit report reflected that proper accounting principles were utilized, there were no financial discrepancies with the underlying data and the transactions reflected were properly documented and the books all balance.

 D. Nelson Heritage Center Updates – Johnette Burdette: The Nelson County Heritage Center is in the midst of extensive construction and renovation of building, systems, practices, and protocols.

 The Center will be future home of the Nelson County Health Department in December of 2025.  The gym is fully renovated and is open to public every Sunday from 3-5 and provides a safe climate controlled space place for seniors/golden aged people  to walk in the mornings.

The Center currently houses two food banks that provide approximately 400 meals per month.

Commencing in 2025 The Center expects to be the premier banquet/rental space in the county as a result of a grant from Creigh Deeds office.

The Center currently has an up and running state of the art computer lab for Macs and PCs and thanks to a partnership with UVA, all software and computer operating systems will be updated at least every two years.

In January of 2025 the Center intends to open a licensed childcare “early learning” center for 60 children ages 0-5. This is a result of a partnership with the Department of Rural Development that has provided a $575,000 grant. The Center is currently engaged in a feasibility study. The hours of operation and the entity to manage the operation  have yet to be determined. The community input is being solicited through small group focus groups to determine hours and how many classes with be needed for each age group. Renovations are to start in the summer of 2024. They are looking to engage and architect and would like to use Wall Construction which is doing the other Center’s other renovations.  The education program will be aimed at all learning modalities and will be a licensed, dual language program. The Center needs county buy-in from the schools, DDS, BOS, NCPS, to obtain in kind donations including renovations/supplies, and scholarships.

 VI. NEW & UNFINISHED BUSINESS

 A. FCCLA National Leadership Conference Funding Request:

 Our Nelson County High School Chapter of Family, Career and Community Leaders of America (FCCLA) requested the Boards  support in obtaining financial assistance to attend the 2024 FCCLA National Leadership Conference (NLC) in Seattle, WA, from June 28-July 4. NLC is a student leadership conference for middle and high school students and their Family and Consumer Sciences educators. The FCCLA National Leadership Conference is the largest national gathering of Family and Consumer Sciences professionals and students across America. The conference also offers advisers a comprehensive educational experience to enhance classroom instruction through engaging sessions on various topics with expert speakers, best practices sessions, and networking opportunities. Facilitated by National FCCLA, conference sessions will be presented by subject-matter experts, current on educational trends and needs with various backgrounds in communications, marketing, education, and business. The knowledge and skills I will acquire from professional development will apply to current projects such as Mini Govs Day Camp, NCPS Pop Tab Drive, PVCC Outreach, The Effects of a Teacher Shortage Presentation. Continuing Education Unit (CEU) credits will be offered and awarded to participants completing all professional learning activities.

The following is an estimate of our costs:

Registration: $700

Roundtrip Airfare: $2,000

Motor Coach Transportation: $270

Ground Transportation: $300

Educational Tours: $220

Hotel: $3,500

Meals: $1,600 

Workshop topics, session format, and the conference schedule are listed in the attached documentation. The National Leadership Conference is an excellent investment in our students, and we hope you agree by supporting our request for financial support. It is an honor to have the opportunity to represent our state and school at this national event. One thousand dollars is requested from the Board. The Board voted unanimously to approve the request.

 B. Concurrence of Nelson County Broadband Authority Dissolution (R2024-37).

 On June 9, 2009, via Resolution R2009-52, the Nelson County Board of Supervisors

adopted Articles of Incorporation of the Nelson County Broadband Authority (NCBA) which were filed with and certified by the State Corporation Commission (SCC) establishing the NCB effective July 29, 2009.  The NCBA, in partnership with the Board of Supervisors and Central Virginia Services, Inc./ dba Firefly Internet Broadband, has facilitated the build-out of a high speed fiber internet network that provides access to high speed fiber internet for nearly 100% of the County’s businesses and residents. Pursuant to the Code of Virginia, §15.2-5431.9, the Nelson County Broadband Authority has determined that the purposes for which it was created have been completed and all of its obligations can easily and readily be assumed by the County of Nelson.  On May 14, 2024, the Nelson County Broadband Authority, adopted a resolution requesting the Board’s consideration of the adoption of a concurring resolution for the dissolution and termination of the NCBA.

The Nelson County Board of Supervisors voted unanimously to declare that the mission of the Nelson County Broadband Authority is complete.  The Nelson County Board of Supervisors authorized the County Attorney to process the filing of Articles of Dissolution with the State Corporation Commission and finally, upon conclusion of the Authority’s affairs, the filing of Articles of Termination of corporate existence with the SCC.

The Board thanked Tommy Harvey for his hard work in initiating the steps necessary to bring broad band to the county.

 VII. REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE

 A. Reports

1. County Administrator’s Report: 

A. Comprehensive Plan and Ordinance Updates: Following adoption of the plan with amendments on March 20th, the next step is to review and consider proposed Zoning and/or Subdivision Ordinance amendments identified by Berkley Group as bringing the Ordinances in line with the adopted Comprehensive Plan. Once the final deliverable document is ready; it will be distributed to the Board and Planning Commission. The Planning Commission will likely review this at their May meeting with the Board following suit at their June meeting. In conjunction with this review; staff will have a proposal from Berkley Group to amend their contract for a Zoning and Subdivision Ordinance update that will include State Code compliance as well as Comprehensive Plan continuity.

B. Stars and Spurs Fourth of July Event: Event planning and permitting continues with free fireworks to be displayed at the Oak Ridge event venue on July 4th in collaboration with Lovingston Volunteer Fire Department. LVFD will hold a Fourth of July parade in Lovingston on June 29th with Stars and Spurs invited to participate to advertise the event. Marketing of the event and ticket sales has begun; see event website at www.https://stars-spurs.com/. Further direction is needed from the Board regarding the previously approved contribution to the event. The Board directed staff to issue the County’s financial contribution directly to Oak Ridge; however, in arranging to do so, venue representatives indicated they were not amenable to receiving the funds. Other options include paying event vendors or the Rodeo directly or Events an’ Fests LLC. Local resident Lizelle Jacobs, Vice President of Bold Rock Hard Cider is the LLC’s CFO and primary contact.  The Board unanimously instructed the County Administrator to pay the $10,000 appropriated funds to the Events an’ Fests LLC with the memo line reflecting that the payment is reimbursement of funds already paid.

C. Warminster Rural Historic District: The Department of Historic Resources (DHR) has received the complete nomination package and will present it to the Virginia State Review Board and the Virginia Board of Historic Resources on Thursday, June 20, 2024 for recommendation to the National Register of Historic Places and inclusion in the Virginia Landmarks Register. A public meeting/hearing on the District will be held at 6pm on Wednesday, May 15th at the Courthouse in Lovingston. DHR was responsible for sending notification letters to all District and adjacent property owners.

D. Regulatory Changes to Emergency Services Drug Kit Exchange Program: U.S. Food and Drug Administration (FDA) and Drug Enforcement Administration (DEA) federal regulatory changes go into effect November 27, 2024, affecting how EMS providers restock their ambulance drug kits. The Virginia Board of Pharmacy was tasked with drafting and adopting emergency regulations that will be effective for up to 18 months or until new permanent regulations are put into place. These emergency regulations must undergo an administrative review process with the Office of the Attorney General, Department of Planning and Budget, and the Governor which may take approximately 10 weeks to complete. John Adkins, Curtis Sheets, and stakeholders statewide have been instrumental in providing feedback and attending meetings on these emergency regulations which has resulted in beneficial changes that are highly responsive to the needs of EMS providers. To comply with these new Board of Pharmacy (BOP) adopted regulations, Wintergreen Fire and Rescue Service (WFRS) will obtain a pharmacy license (already in process) which will allow them to replenish the drug boxes of other Nelson EMS agencies; which in turn allows these agencies to stay licensed as Advanced Life Support providers. There will be two secured (alarmed doors with card key access and security cameras) pharmacy supply “vending machines” located in the career staff facilities from which agencies will restock their drug boxes. WFRS will manage the program and will develop MOUs for Chiefs and Captains to execute to participate. The FY25 proposed budget contains funding for anticipated costs associated with these program changes Adopted redlined BOP regulations and a list of some of the more relevant approved changes are attached.

E. Sturt Property Virginia Forest Stewardship Plan: Bill Perry of the Department of Forestry completed a Forest Stewardship Plan for the Sturt property in April. His recommendations include the first step of conducting a prescribed burn of 1/3 (32.4 acres) of the parcel of recently thinned loblolly pine (parcel A) and then planning for a commercial thinning of the 128 acres of loblolly pine (parcel B). Additionally, he recommends identifying and treating any populations of invasive plant species on all parcels. The Department of Forestry can conduct the prescribed burn for $25/ac and they would do 20 acres at a time. The County would need to hire a conservation service to address the invasive species and also hire a forestry consultant and logging company to perform the commercial thinning. Mr. Perry is sending County staff contact information for consultants that do this work. (See attached Plan).  Mr. Reed recommended that a survey of the land be done from existing funds and that the advisory committee meet to discuss what to do regarding the report on invasive species and make a recommendation to the Board.

F. 2021 HOME American Rescue Plan Project: Through the TJPDC’s allocation of these funds, member jurisdictions were allotted project funds of $312,664 to benefit qualifying populations as prescribed by the program guidelines. In December 2022, Nelson County Community Development Foundation (NCCDF), as the administrator of the County’s traditional HOME funds, was authorized to use these funds coupled with the Foundation’s HOME funds of $175,000 to construct rental housing to address the homelessness of Nelson citizens or those at-risk of homelessness; prioritizing elderly/disabled and families with children. NCCDF has begun the project on property they own on St. James Church Road in Roseland which entails getting the site engineered for 3 duplex buildings (6 units) and building the first unit. Construction of other units will follow as funds allow.

G. Lovingston Front Street Sidewalk Improvements TAP Grant: This project is part of the draft Six Year Improvement Plan (SYIP) that will be considered for approval by the Commonwealth

Transportation Board in June. The Lynchburg District Spring SYIP Public hearing meeting was held on May 1, 2024 at the Lynchburg District Offices. Public comments were taken and written comments may also be submitted by mail or e-mailed to Six-YearProgram@vdot.virginia.gov until May 20, 2024.

H. Lovingston System Water/Sewer Capacity Study: A draft report for review is expected by the end of May.

I. FY25 State and Local Budget: As of May 10th reports, a budget deal has been reached between

legislators and the Governor. The General Assembly is scheduled to reconvene on May 13th for a special session to vote on this budget; details will be communicated as they become available. The County’s FY25 budget is scheduled for public hearing on Tuesday, June 4th with its adoption and appropriation scheduled to follow 7 days later at the regular meeting on June 11th. Changes to the budget may be made by the Board between the public hearing and its adoption; in which case, additional meetings either between June4th and June 7th or any time before June 30th may be necessary.

 2. Board Reports: 

On April 24, 2024, Ernie Reed the breakfast awards meeting of the Red Cross where Marta Keane  of JABA received the Visionary Leader Award.

Jessica Ligon attended a meeting of the Economic Development Authority. See Directives for her report.

 B. Appointments:

Economic Development Authority:  R. Carlton Ballowe and Deborah Brown were unanimously reappointed and  unanimously appointed Jeri Lloyd as a new appointment.  Ann Mische was unanimously appointed to represent Nelson County at MACAA.

 C. Correspondence: None

 D. Directives: Jessica Ligon renewed her fervent request that staff  make a “deep dive” regarding other EDAS throughout the state, and that the Nelson County EDA and the Board take the training for EDAs available from the state. Jesse Rutherford recommended looking at the Pittsylvania EDA and their work when the Casino came in.

 VIII. CLOSED SESSION PURSUANT TO §2.2-3711 (A)(1) & (A)(3) was unanimously approved.

7:00 P.M. EVENING SESSION

Present: Supervisors Rutherford, Harvey, Parr, Reed, and Ligon.

I. CALL TO ORDER: The meeting was called to order by David Parr.

 II. PUBLIC COMMENTS: None.

III. PUBLIC HEARING:

A. FY25-30 Secondary Six-Year Road Plan (R2024-38): Dan Brown presented the Secondary Six Year  Road Plan which has prioritized the roads per the instructions board. The purpose of the public hearing is to receive public comment on the proposed Secondary Six-

Year Plan for Fiscal Years 2025 through 2030 in Nelson County and on the proposed Secondary

Road System Improvement Priority List for Fiscal Year 2025. The funds available have been reduced from the prior year because of the successful completion rate of paving of secondary roads in the County. To maximize the mileage that can be paved with the existing available funds, the roads will be paved in house by VDOT and not put out for bid. The Nelson County Secondary Construction System for 2025-2030 anticipated costs are:

Cow Hollow Road       $197,838

Davis Creek Road        $399,168

Hunting Lodge Road    $400,000

Jennys  Creek Road      $250,000

Wheelers Cove Road    $300,000

Fork Mountain Road    $225,000

Berry Hill Road            $200,000

Gulleyville Ln              $200,000

Buffalo Station Road    $260,000

Walk Around Lane       $150,000

Greenfield Drive           $450,000

Eagle Mountain Drive  $150,000

 Nelson Countywide Transportation Services  $259,116 (CN $159,116, PE $50,000, RW $50,000)

Fund                   FY2025      FY2026     FY2027    FY2028       FY2029   FY2030    Total

CTB Formula -   $0               $0              $0             $0                $0             $0             $0

Unpaved State

TeleFee              $36,186       $36,186     $36,186    $36,186       $36,186    $36,186   $217,116

Federal STP -     $0                $0              $0             $0                $0              $0            $0

Bond Match

District Grant     $671,748    $454,996   $454,996  $454,996   $454,996   $414,881  $2,906,613

Unpaved

Total                   $707,934    $491,182   $491,182  $491,182   $491,182   $451,067  $3,123,729

Construction Program

Estimated Allocations

 Secondary Unpaved Road Priority List for Fiscal Year 2025 are proposed and the estimated cost as follows:

Priority Route # and Name Distance Mileage

1 634 Spring Valley Rd. Rte. 616 to Dead End 1.00 Mi.  $250,000

2 687 North Fork Rd. 1.0 Mi. North Rte. 56 to 2.0 Mi. North 1.00 Mi. $250,000

3 681 Pigeon Hill Rd. Rte. 769 to Rte. 680 1.75 Mi.  $437,500

4 662 South Powells Island 0.68 Mi. N Rte. 739     $100,000

 No public comments were offered. The Board unanimously approved the VDOT proposed Nelson County Secondary Construction System for 2025-2030 and the Secondary Unpaved Road Priority List for Fiscal Year 2025.

 IV. APPROVAL OF THE RURAL RUSTIC DESIGN STANDARD FOR FY25-30

NELSON COUNTY SECONDARY ROAD SIX YEAR IMPROVEMENT PLAN

(R2024-39): Statement of the Resolution:

Section 33.2-332 of the Code of Virginia, permits the hard surfacing of certain unpaved roads

deemed to qualify for designation as a Rural Rustic Road.  Any such road must be located in a low-density development area and have no more than 1,500 vehicles per day.

The Board of Supervisors of Nelson County, Virginia desires to consider whether the Routes listed below should be designated as Rural Rustic Roads as follows:

• Route 623, Davis Creek Road. from Dead End To: Road 625,

• Route 646, Hunting Lodge Road, From: Route 604 To: Route 645,

• Route 647, Jenny’s Creek Road, From: Route 56 To: Route: 151,

• Route 606, Buffalo Station Road, From: Route 626 To: Route 1.4 miles East of Route 626,

• Route 667, Fork Mountain Road, From: 1.29-mile North of Rte.56 To:2.29-mile North of Rte. 56

• Route 629, Gulleysville Road, From: Route 634 To: Dead End,

• Route 613, Berry Hill Road, From: Route 788 To: Route 634,

• Route 640, Wheelers Cove Road, From: Route 620 To: 1.50-mile South of Route 620,

• Route 764, Walk Around lane, From: Route 628 To: Dead End,

• Route 721, Green Field Drive, From: .70-mile North of Rte. 626 To: 2.8-mile North of Rte. 626

• Route 648, Eagle Mountain Drive, From: Route 703 To: Route 56

The Board is unaware of pending development that will significantly affect the existing traffic on these roads; and believes that these roads should be so designated due to their qualifying Characteristics. These roads are in the Board’s six-year plan for improvements to the secondary system of state highways. As such, the Board hereby designates these roads as Rural Rustic Roads, and requests that the Residency Administrator for the Virginia Department of Transportation concur in this designation. The Board further requests that these roads be hard surfaced and, to the fullest extent prudent, be improved within the existing right-of-way and ditch-lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the roads in their current state.

 The Board unanimously approved the forgoing resolution.

V. OTHER BUSINESS (AS PRESENTED): None

VI. THE  MEETING WAS ADJOURNED  AND CONTINUED TO JUNE 4, 2024 AT 7 P.M. FOR THE FY25 BUDGET PUBLIC HEARING.