SUMMARY OF FEBRUARY 18, 2025

NELSON COUNTY BOARD OF SUPERVISORS 2:00 P.M.

(Meeting was originally scheduled for February 11 and was postponed due to weather)

Present: Supervisors Ernie Reed, Jessica Ligon, David Parr and Jesse Rutherford

Absent: Supervisor Tommy Harvey

 I. CALL TO ORDER

The meeting was opened by a  Moment of Silence followed by the Pledge of Allegiance.

 II. PUBLIC COMMENTS:

1)    Edith Napier: Thanked VDOT and the Nelson County for all of their hard work during the snow. She requested on behalf to the Juneteenth committee a contribution of $5,000 by the Board for the 2025 Juneteenth celebration to be held on June 22, 2025 at the Nelson Heritage Center and will focus on “Black Colleges “. It is the committee’s hope to have representatives from a number of Black colleges who will be in a position to admit as students Nelson graduates same day who are in attendance at the celebration.

2)    Stephen Bayne: From information he obtained in a FOYA request to Renaissance Ridge, the  Nelson County Community Development Fund, and the Thomas Jefferson Planning District Commission he became aware that this partnership is prioritizing groups largely from Albemarle County and Charlottesville such as Blue Ridge Area Coalition for the Homeless, Haven, IRC, Piedmont Housing Alliance, Christiana Juntos (sp?), City of Promise, Network to Work, as well as groups such as OAR, HDR, Independent Resource Center and in which Nelson Residents represent a small minority. This will increase in the extreme, the cost of services in the County. Please review the agreements and marketing terms to protect Nelson County.

3)    Libby Whitley:  She lives in Roseland. She is gravely concerned about the effects on the county of people sponsored by groups such as IRC, which have as clients’ immigrants from all over the world and are funding people coming in from the southern border. She is very concerned that we will see people from all over the world in Nelson and fears the impact on the sheriff’s office, social services, and the schools. She fears developments of similar communities going into Lovingston and Piney River.  Please hold public hearings on this subject. These groups don’t address the housing needs of the current Nelson residents.

4)    Stuart Armstrong: From his public service in Nelson, he sees the need for Renaissance Ridge to house the county’s public sector work force like teachers, fire fighters, deputies.  The threshold income for people he can help purchase housing at cost of $300,000 is $68,000 per year. The homeless will not be living in Renaissance Ridge and many firefighters and deputies on only their own incomes won’t qualify.

5)    Carlton Ballou: The responsibility of the Board is to make the county more prosperous which won’t happen if the county brings in the indigent from other localities. Good jobs will solve the affordable housing problem. He fears Nelson County becoming the homeless shelter for Albemarle and Charlottesville.

6)    Paul Davis: He a has personally worked with the clients of OAR, Haven. These groups lumped with IRC cause his concern regarding who will be the people who will live in Renaissance Ridge. Some of these people are from all over the country and come here because everything is free.  These three agencies don’t generally join with developers and their clients .

7)    Margaret Claire NCCDF: No grants are pending for Renaissance Ridge. Speakers are speaking of old marketing require to attract possible purchasers to obtain grants that were not used and have expired. The only people who will be moving into Renaissance Ridge will have bought the homes. This isn’t housing for the homeless nor are they rentals. Stuart Armstrong  is helping find funds for those who are qualified to purchase homes. We send our homeless to Charlottesville, not the other way around. 

 III. CONSENT AGENDA: Following resolutions were unanimously approved.

A. Resolution – R2025-07 Minutes for Approval: RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board meetings conducted on September 10, 2024 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.

B. Resolution – R2025-08 Budget Amendment:

  Appropriation of Funds (General Fund)

Amount                       Revenue Account (-)                                  Expenditure Account (+)

$ 5,005.00                   3-100-001901-0032                                    4-100-031020-3038

$ 1,559.88                   3-100-003303-0107                                    4-100-031020-1013

$ 128.49                      3-100-003303-0008                                    4-100-031020-3033

$ 95,321.42                 3-100-002404-0042                                    4-100-071020-8004

$ 3,306.91                   3-100-002404-0049                                    4-100-032010-5504

$ 75,721.00                 3-100-002404-0015                                    4-100-032020-5648

$ 3,167.61                   3-100-001899-0008                                    4-100-091030-5202

$ 1,850.00                   3-100-002404-0018                                    4-100-021010-1009

$ 2,436.98                   3-100-004101-0005                                    4-100-999000-9905

$ 8,864.00                   3-100-002201-0003                                    4-100-999000-9905

$ 10,000.00                 3-100-002404-0060                                    4-100-999000-9905

$ 120,594.14               3-100-001803-0020                                    4-100-999000-9905

______________

$ 327,955.43

 II. Transfer of Funds (General Fund Contingency)

Amount                  Credit Account (-)                               Debit Account (+)

$ 15,000.00            4-100-999000-9905                             4-100-021040-3020

___________

$ 15,000.00

 EXPLANATION OF BUDGET AMENDMENT

I.               Appropriations are the addition of unbudgeted funds received or held by the County for use within the current fiscal year budget. These funds increase the budget bottom line. The General Fund Appropriations of $327,955.43 include requests of (1) $585.00, $422.50, $585.00, $617.50, $227.50, $585.00, and $1,982.50 appropriations totaling $5,005.00 requested for Sheriff's FY25 UVA MOU Special Events Overtime funding for December 2024 and January 2025; (2) $1,559.88 appropriation requested for Sheriff's DEA Task Force Grant funding for December 2024; (3) $128.49 appropriation requested for Sheriff's DMV Selective Enforcement Traffic Federal Grant funding for July-September 2024; (4) $95,321.42 appropriation requested for Forest Sustainability Funds received for public education or for projects related to outdoor recreation or forest conservation; (5) $3,306.91 appropriation requested for FY25 GIS & 9-1-1 Education and Training Program Grant Funds; (6) $75,721.00 appropriation requested for annual FY25 Fire Funds received from Virginia Department of Fire Programs; (7) $3,167.61 appropriation requested for FY25 OPIOID Abatement Funding received in October 2024; (8) $1,850.00 appropriation requested for additional Commonwealth Juror Reimbursement revenue received in FY25; (9) $2,436.98 appropriation requested for Cancelled Checks-General revenue received in FY25; (10) $8,864.00 appropriation requested for additional Motor Vehicle Carriers Tax revenue received in FY25; (11) $10,000.00 appropriation requested for FY24 Tourism VTC Marketing Leverage Program State Grant funds received in FY25; and (12) $120,594.14 appropriation requested for VDH FY24 Year End Settlement (YES) (surplus) funds received in FY25. The total appropriation request for this period is below the 1% of expenditure budget limit of $761,948.36 for February. Of the total appropriations this month, $141,895.12 (Items 9-12) of funds are being added to Non-Recurring Contingency.

II. Transfers represent funds that are already appropriated in the budget, but are moved from one line item to another. Transfers do not affect the bottom line of the budget. Transfers from General Fund Non-Recurring Contingency in the amount of $15,000.00 are reflected in (1) $15,000.00 transfer to the Juvenile Detention line item as requested in budget letter from Jennifer Blodgett. Following approval of these expenditures, the balance of Non-Recurring Contingency would be $462,617.31. This net balance includes the additions in I. and reduction in II.

 IV. PRESENTATIONS

 A. VDOT Report: A VDOT representative spoke. He did not have a report but answered questions and took complaints from the Board.

Jesse Rutherford reported that the Culvert Pipe at the intersection of Laurel Road and Route 6/ Irish Road appears to be clogging up and is causing flooding. Please inspect the pipe. He will send an email about culvert on Glad.

Jessica Ligon reported that Finley Gap Road is dangerous because of mud that is slimy from flooding and people are driving on the wrong side of road on a curve to avoid the slime.  Lonesome Pine Road has serious potholes exacerbated by snow. She also reported serious flooding in Gladstone (in the city itself) that prevents parking on the road. What can be done?

David Parr reported that an undersized culvert has led to flooding on Lowesville Road and erosion and the driveway associated with the culvert is flooded /washed out again. He suspects a larger pipe is needed to divert the water.

Ernie Reed’s Toyota Tacoma was struck and totaled at the intersection River Road and Adial road when driving west bound and making a left turn.  The oncoming car was doing 55 and neither driver seemed able to avoid the accident. A 45 hour speed limit there would probably have resulted in Mr. Reed yielding to the oncoming car and not resulted in an accident.

 B. Virginia State Police H.E.A.T. Program Grant:

Sheriff Mark Embrey brought an initiative that the Sheriff’s office is pursuing. The Sheriff’s office of Nelson County applied and was approved for a $12,500 grant for 2025 from the Virginia Department of State Police under the Help Eliminate Auto Theft (HEAT Equipment Reimbursement) initiative. The Sheriff’s Office indicated in their application that they intended to use the funding to purchase Flock Safety automated license plate reader equipment. On this representation, the grant was made. This is a one-time grant and must be spent by May 31, 2025. The plan according to Sheriff Embrey is a  camera purchase/lease. NO action by the Board is required if no county money is required. NO MONEY IS BEING REQUESTED BY THE SHERIFF’S DEPARTMENT AT THIS TIME.

Sheriff Embrey did a presentation about Flock Safety that has been used to market their cameras which photograph cars and specifically license plates. The primary purpose is to locate stolen vehicles but the system will help with human trafficking and/or drugs. Flock represents that they serve more that 4,000 law enforcement agencies in 48 states and process 25 billion license plate reads per month. They claim to have 130 customers (3000 cameras) in Virginia including Amherst PD, Lynchburg PD, Charlottesville PD, Scottsville, Cumberland PD, Appomattox County SO, Staunton PD and Augusta County SO. All Flock cameras communicate and therefore create a force multiplier.

Per Flock, all data is customer owned, that Flock deletes all data automatically from their system after 30 days by default.  No individual personal data is collected by or accessible in the Flock LPR system, and security is paramount with all data stored with end to end encryption. Flock claims that the system enables accountability and transparency because 1) the search reason and user number is saved indefinitely creating an available audit trail;  2) the technology reduces vias in/of crime solving by enhancing objectivity; and 3) Flock offers a free and optional LPR Transparency Portal.

Flock wants to deploy 4 cameras along Rt. 29 starting north of Woods Mill, at Woods Mill, on the south side of Lovingston, and just north of where Rt. 29 crosses the Tye River. The cameras are leased, and the service contracts are for annual (starting on the day of the installation of the first camera) which may be billed every 30 days, every 60 days or every 90 days.  The proposal includes 2 Falcon Standard ALPRs ($6,000), I Falcon Long Range ALPR ($5000), and a one time $1,500 installation fee. The first year cost would be $12,500 and $11,000 each year thereafter.

Per Sheriff Embrey the county would only “purchase” (lease) three cameras which would be placed on the Route 29 corridor. The cameras would be located on 29. The Sheriff’s office will apply for a second grant next year to pay for year two. If the Sheriff’s office can’t get the grant, they will turn the cameras in unless the county wants to pay for it.

The company provided positive customer reports from Martinsville (Stolen Vehicle and Drug Possession, Prevention of Planned violent crime, and video of a murder), Fairfax County (since 11/22 514 Suspects arrested, located 30 missing persons, recovery of 43 firearms, and assisted in 116 narcotics investigations, Franklin PD (230 suspects arrested, 5 missing persons returned, recovery of 15 firearms, and recovery of 30 stolen vehicles); Virginia Beach PD (15%) reduction in overall crime).

Sheriff Emery reported there is state legislation pending regarding this technology. The $11,000 second year cost would replace outdated technology or cameras that failed. Amherst doesn’t have cameras on the Route 29 bypass. Information once a stolen vehicle is spotted is passed to the Sheriff’s office in approximately 30 seconds.

 V. NEW & UNFINISHED BUSINESS:

 A. VPSA Financing for High School Renovation Project (R2025-09): The Board unanimously approved the attached resolution:

 RESOLUTION AUTHORIZING APPLICATION TO THE VIRGINIA PUBLIC SCHOOL

AUTHORITY REGARDING COUNTY OF NELSON GENERAL OBLIGATION BONDS TO

FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A SCHOOL

CONSTRUCTION PROJECT AND ACTIONS RELATED THERETO

WHEREAS, the Board of Supervisors (the "Board of Supervisors") of the County of Nelson, Virginia (the "County") has previously expressed its support for the design, improvement, renovation, construction and equipping of public school facilities, including electrical, mechanical, plumbing, fire safety, roadway and parking lot, security and other upgrades and renovations at Nelson County High School (together, the “School Project”); and

WHEREAS, the Board of Supervisors has previously stated its intent to obtain financing The of the School Project to pay costs related to the financing and completion of the School Project, and the Board of Supervisors now desires to submit an application (the “Application”) to the Virginia Public School Authority (the “VPSA”) to participate in the VPSA's 2025 Spring Pooled Bond Sale through the issuance of County general obligation bonds to be sold to the VPSA (the "Local School Bonds") to finance the School Project, interest costs during construction of the School Project and costs of issuance of the Local School Bonds.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF NELSON, VIRGINIA:

1. The County Administrator, County Attorney, the County's financial advisor and the County's bond counsel are authorized and directed to submit the Application to the VPSA for the purchase of the Local School Bonds by the VPSA as part of its 2025 Spring Pooled Bond Sale, such Application to describe Local School Bonds in the maximum principal amount of $25,000,000 and to include proceeds requested of up to $22,000,000 plus, if and as needed, an amount needed to finance closing costs and capitalized interest, all for the purposes described above.

2. The same employees and representatives of the County are hereby authorized and directed to take such further action deemed necessary or desirable to facilitate consideration of the proposed Local School Bonds involving a general obligation of the County, including but not limited to the publication of notice of a public hearing as required by law, to be held on March 11, 2025 at or about 7:00 p.m.

3. All actions of the County's officers, employees and agents in furtherance of the purposes of this Resolution, including preliminary actions related to the Application, are hereby approved and ratified.

4. This Resolution shall take effect immediately.

 The calendar of events/deadlines is contained in the County Administrator’s Report. March 11, 2025 will be the public hearing on the issue.

 B. Proposed Appointment of Wintergreen Fire Marshal (R2025-10) APPOINMENT OF A LOCAL FIRE MARSHAL:

Supervisor Ligon requested additional time to review the requests. Chief Sheetz was questioned by Supervisor Ligon. She was concerned about a report of the Emergency Board that rejected ISO report Nelson County.  The Board unanimously voted to table the matter until the March 11, 2025 meeting.  The Board will forward questions regarding the matter and Mr. Parr will follow up with the EMS board.

 WHEREAS, the Wintergreen Fire and Police Departments have requested the Board of Supervisor’s appointment of a local Fire Marshal pursuant to Title 27 Fire Protection, Chapter 3. Local Fire Marshals, §27-30 of the State Code of Virginia, 1950 as Amended; and

WHEREAS, it is the Board’s opinion that such an appointment is deemed expedient and would ensure the health, safety, and welfare of citizens and visitors within the Wintergreen Master Plan area;

NOW, THERFORE BE IT RESOLVED, the Nelson County Board of Supervisors hereby appoints Joshua A. Bean Fire Marshal, to serve at the pleasure of the Board, whose authority is limited to the geographical area encompassed by the Wintergreen Master Plan. The appointee shall be an employee of, and compensated by, the Wintergreen Property Owners Association and supervised by the Wintergreen Police Department. The Fire Marshall shall have the following authority and duties within the limits for which he was appointed:

1. He shall make an investigation into the origin and cause of every fire and explosion occurring within the limits for which he was appointed. He may issue a summons directed to the sheriff commanding the officer to summon witnesses to attend before him at such time and place as he may direct.

2. He has the authority to arrest, to procure and serve warrants of arrest and to issue summons in the manner authorized by general law for violation of fire prevention and fire safety laws and related ordinances.

3. He is authorized the same police powers as a sheriff, police officer, or law-enforcement officer

4. He is responsible for the investigation and prosecution of all offenses involving hazardous materials, fires, fire-bombings, bombings, attempts or threats to commit such offenses, false alarms relating to such offenses, and possession and manufacture of explosive devices, substances, and fire-bombs.

5. He has the authority to order immediate compliance with law, etc., or prohibit use of building or equipment. The appointee’s authority will commence upon completion of training as required by the Department of Criminal Justice Services and the Wintergreen Police Department and after the administration of the oath faithfully to discharge the duties of the office.

 Nelson County Board of Supervisors

 Dear Members of the Board,

 I am writing to formally request the appointment of a local Fire Marshal for the Wintergreen Fire Department in Nelson County, pursuant to the Code of Virginia § 27- 30. This request is specific to the Wintergreen masterplan and will function within the Wintergreen Police Department law enforcement area and MOU. This request is made to enhance our county’s ability to respond to fire-related incidents with a comprehensive, organized approach, particularly in terms of fire investigations and enforcement of fire safety regulations.

 Background and Need for the Appointment

The establishment of a local Fire Marshal will address the growing need for professional oversight in fire-related matters, including origin and cause investigations, criminal investigation related to arson, and compliance of the fire code. With this appointment, the Fire Marshal would be empowered to conduct thorough investigations into the causes of fires, including criminal cases when appropriate, thus improving public safety and facilitating prompt responses to potential fire-related criminal activities.

Employer of the Appointee

The appointee is employed by Wintergreen Fire Department. The Fire Marshal serve under the supervision of the Wintergreen Police Department or a designated department, as determined by the Board. The appointee would work in collaboration with local fire departments, law enforcement, and other relevant agencies.

 Scope of Powers and Authority

In accordance with the Code of Virginia § 23-34.2:1, I request that the Board grant the appointed Fire Marshal the following powers:

1. Full police powers, including the authority to enforce fire laws, codes, and regulations within Nelson County specific to the Wintergreen Masterplan.

2. The ability to conduct origin and cause investigations of fires, including criminal investigations involving arson and other fire-related crimes.

3. The authority to issue citations and make arrests related to violations of fire safety laws and regulations.

4. The ability to coordinate with local law enforcement and other agencies in the pursuit of fire-related criminal investigations and to ensure the safety of the community.

5. The investigation and prosecution of all offenses involving hazardous materials, fires, firebombing, bombings, attempts or threats to commit such offenses, false alarms relating to such offenses, and possession and manufacture of explosive devices, substances, and firebombs.

6. Power to order immediate compliance with law or prohibit use of building or equipment.

These powers are essential to enabling the Fire Marshal to effectively perform his duties and ensure the safety and well being of our community by addressing fire hazards, preventing future incidents, and ensuring justice is served in cases of fire related crimes. The powers requested above would be effective after the administration of an oath pursuant to §27-37. Police powers would not be effective until the completion of a law enforcement academy pursuant to § 27-34.2:1.

I kindly request that the Board give this request due consideration, and I am happy to provide any additional information or meet to discuss the details further. Please feel free to contact me if you require any further information or clarification.

Thank you for your time and attention to this important matter.

Sincerely,

Joshua A. Bean, NRP, FIT

Captain - Fire Investigator

Wintergreen Fire & Rescue

C:(434)-688-5287

S:(434) 325-1051

 The letter was accompanied by the supporting memo set forth below and Captain Sheetz reported verbally to the general information set forth below:

 • Wintergreen Fire Department just received a poor grade on our Insurance Safety Office evaluation. ISO audits occur every 10 years and many of the standards have changed since our last audit. On a scale of 1-10, the lower the score the better. We were previously an ISO-Class 2 department. Our new score is Class 5, which will mean drastic increases in property insurance if we can’t improve during our 12-month improvement period. Since we currently receive zero points for risk mitigation, inspections, enforcement etc., adding a Fire Marshall to our toolbox is the fastest way to gain valuable points. We hope to secure a Class 3 rating.

• We currently don’t investigate any fires at Wintergreen. We leave the official investigation to the insurance companies. Many structures at Wintergreen are now 50 years old and most are over 30 years old. Some materials used during construction (i.e. fireplaces) may have outlived their useful life and now be presenting a hazard. Without investigating fires, we will not be able to pick up on trending data which could be used to avoid fires, save property, and potentially save lives.

• Warnings don’t seem to work anymore. Six months ago, the average speed of vehicles passing by Station One (mountain) was 33 mph. Wintergreen Police invested thousands of hours in focused patrols stopping hundreds of cars to issue warnings. And yet, the average speed did not change. Wintergreen Police started issuing speeding tickets. 63 tickets later, the average speed has dropped to just over 30 mph. This is exactly where we are with potentially dangerous fire code issues. We need the ability to warn, warn, warn….summons.

• For the overwhelming majority of structure fires in Nelson, if there aren’t a sufficient number of firefighters to make an interior attack, crews will “hit it hard from the yard”. This only works because 99% of the time they know for certain there are no occupants in the structure. This strategy absolutely does not work in the Resort village. The buildings are huge, and they will almost certainly have an occupant. Our suppression crews are operating in a very high-hazard environment, and we need to do all we can to ensure they are able to go home to their families at the end of their shift. A very big part of this is risk reduction.

• The Wintergreen Fire Marshall only receives authority through the Wintergreen Police Department. If a warrant is sought for any reason, it must be approved by the Chief of Police. Additionally, the Chief of Police can shut the entire program down without notice. The Wintergreen Police Department derives its power through the Nelson County Sheriff. The Sheriff could affectively suspend the Wintergreen Police Department without notice. This provides two “checks” on the power of the Wintergreen Fire Marshall’s Office and Nelson County has absolute and final control. Our MOU will mirror WPDs which is to say our work will be confined to the Wintergreen Master Plan and any requests for mutual aid beyond the Master Plan will be considered on an individual basis.

• We have had multiple meetings with Sheriff Embrey and his staff, Chief Russell and his staff, as well as Jay Roberts over the last year. There has also been a fair amount of communication with the Commonwealth’s Attorney and Building Inspections Department. If there are any current objections or concerns, I’m not aware of them.

 C. Proposed Recreation Foundation: 

Jerry West, director of Nelson County Parks and Recreation presented a proposal to create the Nelson County Recreation Foundation for the purpose of supporting Nelson County Parks and Recreation by seeking and accepting funds, grants, gifts and donations from organizations, governmental units and the general public.  Funds will be distributed to the Department or Nelson County to enhance existing and future public parks and recreation programs, services, facilities and technology which  are consistent with exemptions of the Section 501(c)(3) of the Internal Revenue Code. He and Ms. McGarry are righting draft documents for the IRS to qualify as a non-profit.  Ms. McGarry inquired what the Board’s pleasure would be to appoint the Board if the project got the Board’s blessing. Supervisor Ligon would like each district represented on the Board. The consensus of the Board (nothing official) was this was a great idea.

            NCPR Intended Uses:

• Accepting tax deductible donations to enhance department offerings and amenities, including but not limited to:

• Future park projects and facilities

• Scholarship offerings for youth

athletics

• Team sponsorships: had more teams than could find sponsors and businesses and individuals could not get a tax deduction. Soccer has 140 kids with most of them in the age 11 range.

• Special Events

 Additional Benefits

• Increase community interactions and support

• Improve volunteer recruitment

• Develop new community events

• Streamline event permitting

• Facilitate fundraising campaigns

• Parks and Recreation

• Other community organizations

• (i.e. Tunnel After Dark/Nelson Food Pantry)

 Next Steps

• Legal establishment of Foundation as a 501 (c)(3)

• Creation of By-Laws & Articles of Incorporation

• Recruitment and Establishment of Foundation

Board for fundraising and encouraging volunteers

• Maximum of 11 members

• Initial establishment of 5 to 7 members

• Director of NCPR would be a permanent member

• County’s Director of Finance and HR to serve as

Treasurer

• Board of Supervisors representative?

• Nelson County Public Schools representative?

• 4 to 5 community members?

• Establishment of bank account

• Secure Canopy Insurance

VI. REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE

 A. Reports

 1. County Administrator’s Report:

A. DSS Building Project: Final schematic design and building specifications are nearing completion with a planned presentation to the Board at the March 11th meeting and a request to authorize the project to go out to bid. Attorneys are working on setting a closing date for the property transfer that will precede this request. An integrated project and financing schedule through August 2025 is attached and includes these key dates:

• March 11th – BOS Considers Authorization to Bid the Project

• Late April – Construction Bids Received

• May 1st – VRA Financing Application is Due

• May 13th – BOS Considers Approval of Construction Contract & Davenport Presents VRA Summer Pool Plan of Finance

• By June 1st – Construction Contract in Place

• June 10th – BOS Considers Approval of Financing Resolution and Documents

• July 23rd – VRA Bond Sale

• August 6th – Tentative VRA Closing

B. High School Renovation Project: An invitation to bid for construction of the project was issued on January 27th and a pre-bid conference was held on February 3, 2025 with construction bids due February 17th. An integrated project and financing schedule through May 2025 has been provided with Agenda Item V. A. These key dates were included:

• February 11th – BOS Considers Initial Resolution Authorizing Virginia Public School Authority (VPSA) Financing and a Public Hearing for March 11th.

• February 20th – School Board Considers Resolution Authorizing VPSA Financing Application and Request and Consent to Issue Bonds

• February 24th – VPSA Financing Application is Due

• February 25th – Construction Bids Received

• By March 11th – School Board Approves Construction Contractor

• March 11th – BOS Holds Public Hearing on Financing and Considers Resolution Approving Financing and Documents

• April 22nd - VPSA Bond Sale

• May 6th – Executed Closing Documents Due to VPSA

• May 13th - Tentative VPSA Closing

C. Transfer Station Tipping Floor Replacement Project: I previously reported that our architects had devised a solution that would allow this replacement to occur without disruption to our Transfer Station operations. While working with staff on finalizing the project specifications; it was determined that we would indeed need to close the transfer station to commercial trash collection and would be able to accept limited household trash at the site for up to 30 days. This is due to the newly poured concrete slab needing a cure period of anywhere from 14-28 days depending on how fast the concrete reaches the specified design strengths. The project is ready to bid; however, with this new information I think we need to pause, provide ample notification of the anticipated closure to our commercial accountholders and users of the Transfer Station, and get our alternate plans in place for disposing of household waste collected from the convenience centers. We will need to direct haul our trash compactors to Region 2000 unless we can work out a disposal option with Amherst. That option will require authorization from the Regional Authority Board and the Amherst Board of Supervisors, which will take a few months. The cost of direct hauling will be offset by a pause in costs related to Thompson Trucking hauling our waste from the Transfer Station to Region 2000. Based on when it appears the closure will be least disruptive (less trash to move); we are planning for late summer/early fall.

D. FY26 Budget: A work session to review the draft Capital Improvements Plan and Agency budget requests is scheduled in Agenda item VII for later. A preliminary Budget Calendar is provided with item VII and will be reviewed with the goal of setting some ensuing budget work sessions following the General Fund Budget introduction planned for the March 11th Board meeting.

E. Remaining 2025 General Assembly Session Dates:

• February 12th – Deadline for each Chamber to complete consideration of the other Chamber’s budget and revenue bills

• February 17th – Deadline for Committee action on Legislation by Midnight

• February 22nd – Scheduled Adjournment

• April 12th – Reconvened session for Governor’s amendments and vetoes

F. Flood Insurance Rate Maps and Floodplain Ordinance Amendment: The Flood Insurance Rate Maps (FIRMS) have been finalized and will become effective August 5, 2025. It will be incumbent upon the County to amend our Floodplain Ordinance before this effective date in order to remain in the National Flood Insurance Program (NFIP).  This process includes: DCR first reviewing our draft amended Floodplain Ordinance for compliance with NFIP requirements, conduct of public hearings on the Ordinance Amendment and adoption by the Board no later than July 4th, then a final review of the adopted Ordinance by DCR by August 5th. Dylan Bishop has submitted our current Ordinance to DCR for the NFIP compliance review. Any needed amendments will follow the customary process of going through the Planning Commission for public hearing and then to the Board for public hearing and adoption.

G. 2026 Reassessment Webpage: A link to the 2026 Reassessment webpage has been established on the County’s website, and is located in the blue banner at the top of the page, next to the ACRJ Renovation link 2026 Reassessment – Nelson County Virginia. This contains some general information about reassessments, including State Code provisions, Assessors contact information and pictures of the field staff working within the County. Periodic updates will be made as necessary for the duration of the reassessment through the conclusion of the Board of Equalization’s work.

H. Additional Street Lighting in Lovingston: Supervisor Rutherford, County Staff, and AEP staff have collaborated on the addition of 2 streetlights in Lovingston. A request for new service has been submitted, an AEP work order has been issued, and Jeff Brantley will meet with an AEP technician the morning of February 11th to evaluate the poles. According to AEP, there should be no charge for installation and the monthly cost is minimal at $6-$12 per light.

I. Meals and Lodging Tax Collection & Lodging Entity Tracking: See Attached Charts - # of Lodging Units is 815, up from 806 in the previous report.

J. Staff Reports: Department and office reports for January/February have been provided.

 2. Board Reports:

 David Parr: he reported that EMS meets tonight. DSS met today. They are working to develop a reduction in force policy.  They don’t currently have one. They plan to mirror the state’s policy.

 Jessica Ligon: she had her first meeting with the Planning Commission. The consensus of Commission is that communication with the Board is lacking and it is her intention to convey the Board’s thinking to the planning Commission as a nonvoting member. Dr. Ligon plans to help and push the Economic Development Authority to address job creation in the community and plans to be a voice in and for the community.

Jesse Rutherford: he did not have Jail Board meeting this month. He did have a lot of discussions with constituents about the condition of the roads. DEC reports says we are importing a lot more electricity that we have previously had to. The region needs to talk modular nuclear. Amazon is going to pay most of cost of its own energy using modular  nuclear in Louisa. The subject facing the Lovingston Merchant meeting revolved around what kind of business do we want to see. He is looking forward to new sidewalks. The Line of Duty Death Benefits bill passed both houses and will be signed by governor next month. 

 Ernie Reed: He met new JABA board leader. Mr. Reed registered for the annual TJPDC Housing forum.  He reported that 75% of funding of TJPDC is federal.  He will be taking 3 days of training on EMS.

 B. Appointments:

 The Planning Commission has a vacancy for the South District due to the resignation of Mary Kathryn Allen (term expiring 6/30/2028) and a vacancy for Central District due to the resignation of Robin Hauschner (term expiring 6/30/2028).  Gary Scott has applied to fill the unexpired  term in South District and Richard Averitt has applied to fill the unexpired term in North District. Mr. Averitt will resign from the EDA if the Board wants him to be on the Planning Commission. Jesse Rutherford spoke on favorably about both candidates.  The Board unanimously voted to accept Gary Scott  and conditionally accepted Richard Averitt if he resigns from EDA.      

 JABA Council on Aging has an opening for the expired term of Mary S. Cunningham Dr. William Iverson applied for the JABA board and was unanimously approved to fill the remaining term .

 C. Correspondence:

Ernie Reed: none

 David Parr: He moved to allocate $5,000 for the Juneteenth Celebration for June 22-25, 2025. The Motion  was unanimously approved.

 Jessica Ligon: She inquired when the Christmas lights would be coming down in Lovingston. Ms. McGarry said she thinks the lights are the responsibility of CVEC who uses volunteers to put the lights up and take them down. and they are swamped.

Jesse Rutherford: He has received a number of communications about the state of the roads.

D. Directives: None.

 VII. REVIEW FY26 CAPITAL IMPROVEMENT PLAN AND AGENCY REQUESTS

The general fund budget will be submitted at the March 11, 2025 meeting.  The School Board budget is expected on March 17, 2025. The Board voted to have its work session retreat on March 18, 2025 commencing from 10:00 am-to 4:00 pm with a working lunch.  The second date will be March 25, 2025 from 10:00 am - 4.00 pm. The Board must decide on tax increases by March 10, 2025 so the county can get the notices out before the meeting.  The Board set a back-up meeting date for April 1, 2025 from 10-12:00. The Board may cancel the April 1, 2025 meeting if not needed. The Board will request a joint meeting with School Board on the week of the 17th of March, suggested March 20, 2025 with March 19 as a fall back at 6:00 pm. The back update for April will be April 10, 2025 from 3-5 pm.

          March 25, 2025 adopt the tax rates: real estate and personal property taxes

          April 11, 2025 get the tax rates and personal property tax relief rates to the commissioner

May 13, 2025  Public hearing on the budget

June 10, 2025  Adopt the budget

 The Board reviewed the “asks” from the various departments. Some numbers aren’t in yet. Jesse Rutherford endorsed an online platform acquisition to report short term rental income.  Ernie Reed raised the issue of survey of Sturt Park. Money is already in the budget. It was agreed that they needed to move forward on the survey to get the forestry money available if the survey is completed.

The Board reviewed the draft budget “asks” below.  The Board had a “Q & A” with Ms. McGarry and staff regarding a variety of the line of items regarding both costs and need for the expenditure. No decisions were made as to any items on the list except the Agencies. The discussion lasted a 1 hours and 29 minutes. Anyone interested can hear this on the Afternoon Session 2.  The thoughts of the Board are worth listening to.

Eleven agencies  (final spread sheet included in this report) are not requesting money.  The basis for the increased requests was not included in the packet for the public but are discussed verbally by the Board. 

Nelson County EMS increase was verbally accepted.

Nelson County Health Department  had a $9,600 increase in rent for the local share. A 6% increase in staffing costs is anticipated, 45% of which is local cost. The increase was verbally accepted.

Those agencies that did not ask for increases over $10 were approved.

 Library had a large jump (30.6% increase) in insurance (health) which was accepted.

JAUNT request is down from last year. No significant change in services.

MACAA is making the same request although MACAA no longer runs Head Start and but has added after school care. The Board said it needed to get a more detailed description of services.  The Board members all said that  MACAA needs to have them come to a budget work question for a work session to explain what they are doing and what they will be providing.

OAR verbally approved.

Nelson County Development Foundation wants $25,000 for house that was part of Piedmont Habitat. Operational budget approved. The Board wants a presentation on the $25,000. There is no high school constructed house slated for 2025.

CVSBDC approved.

Virginia Career Works Piedmont: is new and was approved.

Piedmont Habitat for Humanity was verbally approved at $25,00 ask.

VIII. OTHER BUSINESS (AS PRESENTED):

Ms. McGarry brought to the Board (R25-11) which would  authorize the acceptance of conveyance/transfer of the property of the Tanbark Drive property for the DSS building. This resolution was unanimously approved.

Ms. McGarry brought a second motion to allow staff to approve an amendment to the architectural construction contract for the DSS building in the amount of $5,671 for identification and remediation of asbestos. The authorization did not require a formal resolution and was  unanimously approved by consensus.   

 IX. THE MEETING WAS ADJOURN ED AND CONTINUED TO FEBRUARY 26, 2025 AT 6 P.M. FOR A JOINT WORKSESSION WITH THE PLANNING COMMISSION (AN EVENING SESSION WILL NOT BE CONDUCTED).