Summary of the Board of Supervisors Meeting March
REPORT OF THE NELSON COUNTY BOARD OF SUPERVISORS MARCH 10, 2026
AT 2:00 P.M.
PRESENT: Supervisors Jesse Rutherford, A. Cameron Lenahan, Jessica Ligon, Ernie Reed, and David Parr
ALL REFERENCED DOCUMENTS IN THE BOARD OF SUPERVISORS’ (BOS) PACKET can be found by going to https://www.nelsoncounty-va.gov/government/board-of-supervisors/, clicking on the calendar, February 10, 2026 and clicking on the 2:00 meeting announcement. It will be on left side of the page, 3rd item listed just above the agenda.
I. The meeting was CALLED TO ORDER followed by a Moment of Silence and the Pledge of Allegiance.
II. PUBLIC COMMENTS
Joanne Thompson Clarkson: Stated her concerns about the rising costs of government/budget and general affordability in Nelson County including concerns about the new tax bills, the cost of new space for county offices, rising water bills in Piney River, employee health astronomical costs paid by the county. The county needs to determine in its budgeting what is important and prioritize. She requested a town hall meeting in her/all districts to explain budget when it comes out.
Michael Hevener: speaking for Nelson County Republicans congratulated the Board for drafting for consideration Redistricting Constitutional Amendment (R2026-18) and spoke against the proposed redistricting and in favor of keeping Nelson as Sanctuary Town for gun rights. He feels the referendum is “sticking it” to rural voters to “stick it to the President”.
Lisa Saunders: addressed the proposed improvements to Rt 29 to Rt 56 and how it would impede Saunders business without making the area safer. The issue as she sees it is enforcing the speed limits (45 miles per hour) and laws already in place. The proposed changes will make the intersections and U turns more dangerous. Their facility has already been hit by a vehicle 6 times. Their building will be destroyed by accidents under the proposed new traffic patterns.
Colin Ramirez: opposed the rezoning to permit the Monroe institute to put in a 90 guest hotel type structure which definitely is not compatible with the current agricultural designation of the are the recent comprehensive plan and will adversely impact the area if it is permitted. He also supported R2026-18 and opposes redistricting.
Richard Bell: supports R2026-18 about gun rights and made a number of disparaging remarks about Muslims and illegal aliens who are criminals. Gun rights are a “God given …thing”.
John Harris: supports R2026-18 and opposes redistricting which is political gerrymandering. We have redistricting set to take place after the next census. We need Sanctuary gun protection so that we can defend ourselves.
Stanley Milesky: Opposed R2026-18 as beyond the scope of the Board’s authority to take a position and speak for the county citizens. It simply causes further divisiveness and hard feelings in the county no matter how the Board votes. Why consider the resolution at all?
Paul Sullivan: speaking for the Nelson County Democratic Committee, spoke in favor of the proposed redistricting to restore fairness cause by national events and argued that R2026-18 is beyond the Boards authority and is presumptuous.V irginian’s are voting unlike the citizens other states.
Ann Mische: argued that R2026-18 is of no legal consequence, is partisan unlike past practices of the Board, and will cause hard feelings for some in the county with no benefit to be derived to the county or the Board.
Calvin Snell – addressed historic failings (30 years ago) in the construction of the two elementary schools and said that the contractors law needs to be changed to make corrections for poor construction at the contractors expense.
Carlton Ballowe - strongly commended the Board for opposing the proposed redistricting and stated his support for R2026-18. The issues of voting and gun rights are those that lead to tyranny. We will lose our congressman and be lumped in with communities that are less like ourselves.
Claudia Van Koba – sad to see R2026-18 and that Board took it upon themselves to tell her how to vote. She won’t be told how to vote. Let this Resolution die on the vine.
Ridgely Harrison: raised concerns about people drinking and driving leaving wineries and suggested that people who imbibe at such establishments have their hands stamped to show where they have been drinking to make it easier to enforce the DUI laws. Then, check the drivers hand when leaving winery to see if driver has been drinking.
Cooke Harvey: he lives in Amherst. He wants to represent this district as an independent . We can meet with him after the meeting if anyone is interested.
Don Heres – Upset that Richmond is taking unconstitutional and morally wrong actions regarding guns. The enemy is within. The optics of R2026-18 are important just like the optics of the Boston Tea Party were important. Please let Richmond know that Nelson County supports the 2 nd Amendment.
Wisteria Johnson –opposed R2026-18 and supports the redistricting referendum and condemned the policies of the Trump administration and the states that gerrymandered without consulting the voters. Democracy is under attack. The referendum is for the people and not for the Board to decide.
Thomas Nelson – spoke in favor of President Trump and he supports R2026-18. Open border and woke schools are appalling policies . Gun rights must be protected. The war in Iran keeps Iran from getting a nuclear weapon. He then raised the issue of the new property taxes and the Board of equalization and how the situation works.
Heath Matysek-Snyder – opposes any rezoning to permit the Monroe Institute to construct a conference center/hotel like structure as contra to the comprehensive plan for the area and the current zoning designation. It will adversely affect the community and its rural character, taking water, creating traffic safety issues. The proposed structure is nine (9) times the size of the Devils Backbone establishment. Author’s note: His statements is lengthy and detailed and well worth “the listen” to understand the communities issues with the proposed conference center. It can be found at Minutes 49-53 on the 1 st YouTube recording on the March 10 meeting.
Stephanie Matysek-Snyder: opposes any rezoning to permit the Monroe Institute to construct a hotel like structure indirect conflict to the recent comprehensive plan for the area and the current zoning A-1 designation. Proposed building is larger than Food Lion and compares to local big box stores.
James C. Bibb: spoke in favor of R2026-18 and 19 and opposes redistricting referendum. He read from the Constitution of Virginia and its Bill of Rights in support of gun rights and considers the referendum regarding redistricting is a political farce.
Kathy Plunkett Versluys: Deeply disappointed that R2026-18 is being considers. It smacks of disinformation that acts to confuse people. Our right to vote is threatened by President Trump who has said future elections don’t need to happen. Other states are helping him due to their gerrymandered redistricting. Please table this R2026-18.
Justin Maimone: opposes the expansion of the Monroe Institute. We will have more non-residents in the area. There is a common lake and someone from the Monroe Institute left an unattended gun on the dock that his two year old son found. The owner identified himself and was nice enough but the situation was dangerous. He does not want all these transient strangers roaming the community and completely changing the environment.
Kim Maimone: opposes the expansion of the Monroe Institute. If this permit is permitted the whole county is at risk for similar development. She sees this as likely to depress housing prices as the rural aspect of the area will be lost.
Stephen Bayne: reported that the Wintergreen Sewage and Water Treatment Facility had been experiencing overflow issues since December of 2024 releasing raw sewage that flowed into a local creek. He traced the history and severity of the violations. And the health risks it poses. He was very concerned that the County did not alert the affected residents.
III. CONSENT AGENDA: The following resolutions were unanimously approved:
A. Resolution – R2026-10 Minutes for Approval:
RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board
meetings conducted on December 16, 2025 be and hereby are approved and authorized for entry
into the official record of the Board of Supervisors meetings.
B. Resolution – R2026-11 Budget Amendment:
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 $17,792.88 include requests of (1) $10,000.00 request to reappropriate unused FY25 VOF (Virginia Outdoors Foundation) Grant Funds for the Rockfish River Boat Takeout and Parking Lot Project (from fund balance); (2) $4,350.00 appropriation requested for RSAF (Rescue Squad Assistance Fund) grant award received Feb 2026; (3) $1,128.38 appropriation requested for Sheriff’s DEA Task Force Grant funding for January 2026; (4) $1,314.50 appropriation requested for Sheriff’s E-ticket revenue received in January 2026; and (5) $1,000.00 appropriation requested for 2025 Virginia Wine Board Marketing Office Toast Virginia Grant funds from King Family and Oakencroft Vineyards (partner match). The total appropriation request for this period is below the 1% of expenditure budget limit of $1,004,559.45 for March.
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 $60,962.00 are requested for (1) $4,350 to cover the 50% local match requirement of the RSAF (Rescue Squad Assistance Fund) grant award as authorized by the Board of Supervisors on September 9, 2025 by Resolution R2025-69; and (2)-(15) $56,612 from the Registrar’s Office to cover additional cost projections for the April 21, 2026 Special Election not previously budgeted in FY26. Following approval of these expenditures, the balance of Recurring Contingency will be $26,469.04. The balance of Non- Recurring Contingency will be $347,130.42.
C. Resolution – R2026-12 Creative Communities Partnership Grant:
BE IT RESOLVED, by the Nelson County Board of Supervisors that said Board endorses the County’s submission of an application to the Virginia Commission of the Arts for 2026-2027 Creative Communities Partnership Grant funding (formerly Local Government Challenge Grant).
BE IT FURTHER RESOLVED, said application includes a local match of $4,500.00 to be confirmed upon formal adoption of Nelson County’s Fiscal Year 2026-2027 Budget by the Board of Supervisors. (see pages 50-56 of the March 10, 2026 BOS packet for an overview and instructions for applications)
D. Resolution – R2026-13 Tax Refund:
RESOLVED, by the Nelson County Board of Supervisors that the following refunds, as certified by the Nelson County Commissioner of Revenue and County Attorney pursuant to §58.1-3219.5 of the Code of Virginia, be and hereby are approved for payment.
Sec. 11-70. Exemption for disabled veterans and surviving spouse
(a) For tax years beginning on or after January 1, 2015, there is hereby exempted from taxation the real property, including the joint real property of married individuals, of any veteran who has been rated by the U.S. Department of Veterans Affairs or its successor agency pursuant to federal law to have a one hundred (100) percent service-connected, permanent, and total disability, and who occupies the real property as his principal place of residence. If the veteran’s disability rating occurs after January 1, 2011, and he has a qualified primary residence on the date of the rating, then the exemption for him under this section begins on the date of such rating. However, the county, shall not be liable for any interest on any refund due to the veteran for taxes paid prior to the veteran’s filing of the affidavit or written statement required by Section 11-71. If the qualified veteran acquires the property after January 1, 2011, then the exemption shall begin on the date of acquisition, and the previous owner may be entitled to a refund for a pro rata portion of real property taxes paid pursuant to Va. Code § 58.1-3360.
(b) The surviving spouse of a veteran eligible for the exemption set forth in this article shall also qualify for the exemption, so long as the death of the veteran occurs on or after January 1, 2011, and the surviving spouse does not remarry. The exemption applies without any restriction on the spouse’s moving to a different principal place of residence.
IV. PRESENTATIONS
A. VDOT Report: Robert Brown appeared on behalf of VDOT. He reported that the pedestrian study in Nellysford is not yet completed. A truck that pulled over and stopped on 151 above Greenfield above Ashleys blocked 151. VDOT thinks they have a remedy to keep the situation from recurring. The drainage problem on Rt. 617 has been solved. VDOT Work on the damaged pipes in the county but was delayed due to the snow but is now resumed as is paving. Some road markers were destroyed over on Rt. 6 by the snowplows and are being replaced. VDOT is working on a safety project to widen the shoulders on Rt. 29 which won’t allow people to safely pull off but will give more space to make steering corrections.
B. VDOT Smart Scale Pre-Applications – Carson Eckhardt: Below are the highpoints of the Power point presentation given by VDOT. Much of the discussion occurred at the screen showing the slides with reference made to images exhibited on the slides. The reader is referred to the first 12 minutes of the 2 nd part of the YouTube recording of the 2:00 o’clock meeting which will only make sense if the reader follows the speaker as he is pointing to locations on the slides. Dylan Bishop told the Board that there will be an advertised public meeting with VDOT for the citizens of Nelson to ask questions and make comments about the proposed traffic changes. VDOT does not think that the local businesses will suffer any significant negative impact by reason of the proposed improvements to turning areas and entrances and exits to and from Rt. 29.
C. Nelson SPCA FY27 Funding Request – Denise Merricks: The Nelson County SPCA is requesting $60,000 from the Board for 2026-2027.
Ms. Merrick reported their costs are set forth in the attached documents. It is a private adoption agency for dogs and cats. They are the only resource in the county for cat adoptions and are legally prohibited from accepting strays. The SPCA will help people who are adopted by stray cats to get the animals vaccinated and spayed and when the cats have resided for a while with their not so willing hosts, the SPCA can then accept the cats as owner surrendered. The SPCA took in 267. All dogs and cats offered for adoption by law must be spayed or neutered prior to adoption except for kittens and puppies which will be spayed and neutered when they are old enough. They facilitate low cost spaying and neutering clinics. They provide financial assistance for some community members. Average intake costs is $1200 per puppy and $900 per adult dog. Most of the dogs were owner surrenders. Supervisor Lenahan asked if $10,000 would make the SPCA happy. Ms. Merrick said anything helps.
D. FY27 Draft General Fund Budget Introduction: Candy McGarry and Grace Mawyer presented the following report of the Draft General Budget:
The introduced budget for FY27 is $56,454,295, an increase of $4,020,152 or 7.67% more than the FY26 amended budget. Revenues projected for FY27 are estimated at an equivalent increase from FY26 balancing the budget.
REVENUE:
FY27 Revenues – Introduced Budget 3/10/26
Revenues = Expenditures at $56,454,295
Tax rates & Fees incorporated include:
Real Estate/Mobile Home Tax Rate - $.57/$100 value (Adjusted rate that retains 16% of the Reassessment increase in values) Tax rates will be set by the Board following a public hearing in April
100% Value of Penny in RE Tax Equivalent = $426,540
99.9% Value of Penny in RE Tax Equivalent = $426,113
Unchanged from 2026:
Personal Property Tax Rate - $2.79/$100 value
Machinery & Tools Tax Rate - $1.25/$100 value
Transient Occupancy Tax – 7%
Food & Beverage Tax – 4%
VA Sales Tax – 5.3%
Groceries - 5% (non-food) 2.5% (food)
Business License - $30 Flat Fee
FY27 Estimated Revenues by Category as Compared to FY26 Amended Budget through February 2026 and FY26 Budget Projections:
FY27 Local Revenue Factors (Compared to FY26 Amended and End of Year Projections):
Overall, local revenues are expected to increase 10.70% or $4,393,535 from the FY26 amended budget and 4.57% or $1,987,672 from the FY26 end of year projections.
An increase of 16.6% or $3,521,977 in Real Estate Taxes is incorporated due to retention of 16% of 2026 reassessment growth in values and slight natural growth estimated in 2027. Under this premise, the FY27 value of the penny in Real Estate Tax at 100% collection is $426,540
*Note: Given that FY27 Real Estate Tax collections are comprised of the second half of the 2026 tax year collections and the first half of 2027 tax year collections, any value/tax rate adjustments made as a result of the 2026 Reassessment (effective January 1, 2026), will impact the FY26 anticipated real estate tax collection. Retention of 16% of the 2026 increase in values at a tax rate of $.57/$100 provides a one-time collection of additional Real Estate tax in FY26 of $1,531,956 over what was budgeted and an estimated increase in Real Estate tax of $3,521,977 in FY27.
Public Service Tax has been budgeted at FY26 levels at $1,246,446 until SCC data is received.
An increase of 4.6% or $287,598 in Personal Property & Mobile Home Taxes over the budgeted FY26 amount is expected; however, a lesser increase of 1.69% or $107,654 over the FY26 projected budget amount is anticipated. 2026 Tangible Personal Property values are expected to remain flat overall; the Commissioner’s Office expects to have actual 2026 vehicle valuation data available in early April; which could necessitate an adjustment in this estimate.
Local Sales and Use taxes are expected to increase 7.9% from budgeted or $184,487 and remain flat when compared to FY26 projections. These revenues may fluctuate depending on economic conditions throughout the fiscal year and will be monitored closely.
An increase in Meals and Lodging Taxes of 1.8% and 5.2% respectively is expected or $164,382 compared to the FY26 budget; however, FY27 maintains a level estimate as compared to the projected collection in FY26. While anecdotal evidence suggests a decline in short-term rental bookings, collected TOT revenues continue to be strong. These revenues also fluctuate depending on economic conditions throughout the fiscal year and will be monitored closely.
Meals tax increase = $28,762
Lodging tax increase = $135,620
No increase in Building Permit Fees has been incorporated into the FY27 budget with FY26 projections remaining at $365,000. This is a conservative estimate due to continued economic conditions (level or slightly declining mortgage interest rates, high costs of building materials, and labor) that in conjunction may inhibit new builds overall. These projections currently do not include any permitting activity that may occur from the Renaissance Ridge development should that proceed with the first phase of construction in FY27 or adjustments to the permitting fee schedule.
A decrease of -21.1% or ($70,464) in Court Fines & Forfeitures is estimated in FY26 due to an overestimation of these revenues. For FY27, a slight increase of 5.6% or $14,000 from the FY26 projections of Court fines from traffic enforcement has been budgeted at $264,000.
A conservative estimate of Interest Earnings of $1,276,000 reflects an expected increase in invested fund balance due to the incorporation of a 16% increase in real estate taxes from the reassessment expected in FY27 as compared to FY26 budgeted, and an 8% increase or $88,000 from the FY26 projected collection. Interest rates are uncertain over the next year, and declines may offset the increase to the General Fund balance expected during the upcoming fiscal year. These revenues may also fluctuate depending on economic conditions throughout the fiscal year and will be closely monitored.
An increase of 19.1% or $161,098 in EMS Revenue Recovery fees for ambulance transports is anticipated in FY26 as compared to the FY26 budget; this is expected to remain at the same level of $1,005,098 in FY27. New ambulance transport billing rates became effective in January 2025 and this revenue helps to offset the costs associated with having two 24/7 career EMS services crews who work in conjunction with volunteer services.
Other miscellaneous/irregular revenues: These vary widely from year to year and include grants and other accounts that are typically appropriated into the budget after its initial adoption.
FY27 State Revenue Factors (Compared to FY26 Amended Budget and End of Year Projections):
Overall, to begin FY27, State revenues are shown to be higher by 2.74%, or $143,539 from the FY26 amended budget and 1.35% or $71,484 higher than the FY26 end of year projections. This is typical as many state grants that are received in one fiscal year are received or not received in the following fiscal year or are not budgeted until they are awarded or received during the fiscal year.
The proposed FY27 budget includes a 2% salary increase and $1,500 bonus for full-time employees of State supported local offices effective July 1, 2026, which means an approximate equivalent increase in salary and benefits reimbursements from the State Compensation Board is expected for their proportionate share of covered positions.
A 0% increase in State reimbursements for level budgeted expenditures related to the Children’s Services Act (CSA) is expected. The State share of these expenditures is 68.68% and local share is 31.32%.
A slight decrease of -5.0% or ($34,964) in FY27 is anticipated in reimbursement for Department of Social Services costs as provided by DSS however, this is a -0.1% decrease or ($956) from the projected FY26 expenditures. The non-local portion of their budget is funded by 40% State funds. A 2% salary increase for State supported local offices is included in the FY27 budget; the State reimbursement for this salary increase will offset the associated increase in expenditures.
Other Categorical Aid from the State includes grants received during the year which fluctuates between fiscal years. These include Fire Funds, Four-for-Life funds, State appropriated project funds, Tourism and Economic Development grants, Library of Virginia grants, and other Sheriff’s Department grants; which are typically appropriated within the budget when awarded or received. At the beginning of the new fiscal year budget for FY27, an increase is shown from FY26 budgeted of $200,821 or a 69.7% and $9,513, or a 2% increase from FY26 projected amounts, due to expected VA E911 PSAP grant funds of $150,000 that have not yet been received/appropriated and $350,000 in these same funds is estimated to be received in FY27.
FY27 Federal Revenue Factors (Compared to FY26 Amended Budget and End of Year Projections):
Overall, to begin FY27, Federal revenues are shown to be lower by -9.4%, or ($133,100) from the FY26 amended budget and similarly lower from the FY26 end of year projections. This is typical as many federal grants that are received in one fiscal year are received or not received in the following fiscal year or are not budgeted until they are awarded or received during the fiscal year.
A -5.0% or ($53,876) decrease is anticipated in federal reimbursement for Department of Social Services costs due to slightly less estimated overall expenditures in FY27 as provided by DSS. A slight increase of 0.14% or $1,473 is estimated in FY27 as compared to FY26 projected reimbursements. The non-local portion of their budget is funded by 60% Federal funds.
Otherwise, Federal grants related to the Department of Justice Adult Recovery Court grant and Victim Witness grant funds remain the same as FY26. Net reductions in Federal Revenue are attributed to other grant reductions shown between FY26 and FY27 that may or may not be appropriated within the FY27 fiscal year.
FY27 Other Revenue Factors (Compared to FY26 Amended Budget and End of Year Projections):
Overall, to begin FY27, Other Revenues are shown to be lower by 0%, or $0 from the FY26 amended budget and -100% or ($21,138) lower from the FY26 end of year projections.
Other Revenues have decreased from last fiscal year primarily because revenues from cancelled checks or other non-revenue receipts are not budgeted in the coming fiscal year, but rather are appropriated as received, due to their irregular nature. Additionally, FY26 and FY27 do not include a transfer into the General Fund from other funds such as the Reassessment Fund, due to the conclusion of the 2026 reassessment.
FY27 Year Ending Balance (Compared to FY26 Amended Budget and End of Year Projections):
Overall, to begin FY27, Year Ending Balance revenues of $4,350,888 are shown to be lower by -8.11% or ($383,824) from the FY26 amended and projected budgets. The Year Ending Balance fluctuates during the fiscal year as funds received from a previous fiscal year are utilized within the current year budget.
The FY27 Year Ending Balance includes $878,733 of General Fund Balance and FY26 Carryover funds of $3,472,155 (FY26 Projected Revenues of $54,910,693 & FY26 Projected Expenditures of $51,438,538) consisting of:
$995,605 in FY26 projected net expenditure savings include:
Departmental Operations: -$189,193
Non-Departmental Operations: -$305,558
Unspent Capital Outlay Funds: -$296,808
Unused Recurring and Non-Recurring Contingency Funds: -$204,046
2,476,546 in F Y26 projected net increases in categorical revenue anticipated include:
• Local: $2,405,863 ($1,990,021 is attributed to incorporation of 16% of the increase in 2026 reassessment revenue.) Others include increases in Personal Property & Mobile Home Tax, Late Tax Penalty & Interest, and Interest Earnings and notable declines expected in Recordation Taxes, Real Estate Tax Sale Proceeds, and other irregular revenues.
State: $72,056 (State Shared Expenses & Grants)
Federal: -$22,511 (Misc. Grants)
Other: $21,138 (Insurance recoveries, cancelled checks, Reassessment Fund Transfer)
FY26 Year Ending Balance Utilized on the Expenditure Side of the Budget: $4,356,354
*Miscellaneous Carry forward & Non-Recurring Costs Include:
$100,000 unused ARPA -Local Assistance and Tribal Consistency Fund (LATCF) Funds
$66,386 unused balance of Direct Opioid Settlement Funds
$112,000 unused Solar Siting Agreement funds
$128,138 unused ARPA Balance after NCHS Roof Funding Transfer to School Division
$111,710 unused balance of Forest Sustainability Funds
$212,248 Lovingston TAP Grant Local Match to be billed in FY27
Note: LATCF Funds of $100,000, $112,000 of Solar Siting Funds, and ARPA Funds of $128,138 have no spending restrictions - LATCF and ARPA funds are both "revenue replacement” funds. Solar Sitting Funds of $112,000 will be available to benefit the Gladstone Community at the Board’s discretion.
EXPENDITURES
Summary:
The introduced budget for FY27 is $56,454,295, an increase of $4,020,152 or 7.67% more than the FY26 amended budget. Revenues projected for FY27 are estimated at an equivalent increase from FY26 balancing the budget.
Employee Salaries and Benefits:
New Part-Time Positions proposed and funded:
1 Part-Time Childcare Coordinator, 2 Part-Time Site Directors, and 2 Part-Time Group Leaders for New Parks and Recreation After School Program; wages and FICA at $68,955
2% COLA increase to salary and benefits for FT and PT employees at $170,055 (2% Compensation Board salary increase is included in the current biennial budget effective July 1, 2026)
One-Time $1,500 bonus for all FT employees plus $500 bonus for PT employees at $190,541 total ($1,500 bonus for State-Supported Local Employees is pending approval by the Governor on March 14, 2026)
7% Health Insurance increase for Key Advantage 250, Key Advantage 500, and High Deductible Health Plans at $71,184
Overall VRS employer contribution rate is increasing from 10.77% to 10.87%; short-term disability rates are increasing from 0.74% to 0.79%; group life insurance rates are decreasing from 1.18% to 1.06%.
$6,105 earmarked for estimated increase in Worker’s Comp Premium (TBD)
Other Expenditures:
Incremental increases in utilities, fuel, mileage, postage, telecommunications, maintenance service contracts, repairs and maintenance, and equipment
Year #4 of Adult Recovery Court expenditures covered through four-year federal Department of Justice (DOJ) grant at the direction of the Commonwealth Attorney’s Office; fourth year funding FY27 is $192,000
Regional Jail operational increase of $286,820. This includes an increase of $252,478 in Debt Service for the renovation project. For FY27, total operational cost is $1,746,800 and total debt service is $311,230. The County’s 5-year average census decreased from 16.32% in FY26 to 15.88% of the total. The 5-year average census determines the percentage share for each member jurisdiction.
Paid EMS increase of $123,658; this includes a cost of living increase as well as $6,000 to support the Community Paramedic Program (increase to salaries & wages totaling $82,522), a 7% increase of $21,456 to benefits, an $8,000 increase to ambulance repairs, and a $10,000 increase for medical supplies, as NEMS will no longer have access to free oxygen.
Capital Outlay of $2,676,290 covered by Carryover Funds from Year End Balance (FY26 Revenues & FY26 Expenditures) includes $262,000 for four (4) Law Enforcement Vehicles, $27,107 for Building Inspections Vehicle, $74,000 for Skid Steer, $115,650 for McGinnis Building Structural Repairs, $180,000 for replacement of ECC Furniture and Raised Floor Tiles, $130,500 for the Larkin Water & Sewer Capacity Study, $95,000 for Replacement for Sheriff’s Office Mobile Data Computers, and $885,309 for Emergency Services Vehicles ($693,658 of this to come from Fund Balance).
Level funding of most Agency requests in FY27; exceptions being JMRL (Regional Library) increase of $31,442, Region Ten Community Services Board increase of $66,479, Health Department increase of $24,619, and MACAA (Monticello Area Community Action Agency) increase of $15,000
Level Transfer to Debt Service of $3,325,284 as prescribed by our Debt Capacity Strategy
Transfer to Reassessment Fund of $105,000 for next reassessment
Level funding of School Nurses as requested by the School Division
Level funding in operational budget for School Division of $19,918,914; additional request of $2,729,215 not included
County’s ARPA carry-over funds of $128,138, the balance of funds not required for NCHS roof project
Contingencies:
Recurring Contingency of $4,121,977
Non-recurring Contingency of $300,000
V. NEW & UNFINISHED BUSINESS
A. Opioid Abatement Grant Application & Match Request – Susan Morrow, OAR (R2026- 14:) Ms. Morrow and her associate presented a power point that illustrated all of the benefits of the Drug Recovery Court in Nelson County. It appears on pages 90-111 of the Board of Supervisors packet and deserves to be reviewed by any reader interested in the project. At the end of the presentation, the Board unanimously approved R2026-14 which is set forth below:
WHEREAS, the Federal funding for the Recovery Courts of Nelson, Orange, Fluvanna, and Madison counties is expected to end September 30, 2027 (FY28); and,
WHEREAS, Offender Aid Restoration is applying for a multi-year Opioid Abatement Authority regional grant, for the purpose of funding the Recovery Courts and providing for “Recovery Capital” enhancements of the participants for 5 years beyond the end of federal funding; and,
WHEREAS, each participating locality is requested to provide an annual local match throughout the grant period, which can be funded with Opioid Abatement Authority –Individual Distribution funds, of which Nelson County currently has $50,000 unallocated through 2030, that could be applied towards our local match.
NOW THEREFORE BE IT RESOLVED, the Nelson County Board of Supervisors does hereby provide its approval for Nelson County’s inclusion in Offender Aid Restoration’s application for an Opioid Abatement Authority Cooperative Partnership Grant as herein described.
BE IT FURTHER RESOLVED, that the Nelson County Board of Supervisors also commits an annual local match of $10,000 as required for the application.
B. Request to Extend Piney River Water and Sewer – Jenny’s Creek LLC (R2026-15):
Supervisor Rutherford recused himself from the matter based on a conflict of interest due to his real estate holdings. The project will/has 7new paying users to county system at no cost to the county. The Nelson County Water and Sewer Authority has informed the Board that it has the capacity to provide services to the new users. The project still has to be approved by planning and zoning and this approval is a preliminary step for approval. The Board unanimously approved R2026-15 set forth below.
APPROVAL OF EXPANSION OF THE PINEY RIVER WATER AND SEWER SYSTEM
WHEREAS, Jenny’s Creek LLC is proposing to expand the County’s water and sewer systems in Piney River, which requires the County’s approval ; and,
WHEREAS, the proposed construction of a new Public Sanitary Forcemain of 631’ SDR- 11 pipe, and a new Public Water Line of 639’ of 2” SDR-11 connecting to the existing mains will serve seven (7) new lots containing residential dwellings on parcel 65-A-45; and
WHEREAS, Sec. 12-66 and 12-67 the Code of Nelson County, connections to water and sewer are required if buildings are within one thousand (1,000) feet of public utilities; and,
WHEREAS, pursuant to Sec. 12-69 of the Code of Nelson County, the construction will be done at the expense of the applicant and in accordance with the water and wastewater ordinance with a developer’s agreement in place between the applicant and the County,
NOW THEREFORE BE IT RESOLVED, that the Nelson County Board of Supervisors hereby approves the expansion of the Piney River Water and Sewer System as requested by Jenny’s Creek LLC.
BE IT FURTHER RESOLVED that the Nelson County Board of Supervisors authorizes the County Administrator and the County Attorney to draft and execute a developer’s agreement between the applicant and the County, with said agreement to outline the financial responsibilities, location and details of the necessary construction, deed transfers and easement considerations.
BE IT FINALLY RESOLVED that following the construction of the expansion, the County Administrator and County Attorney are authorized to execute the steps necessary for the County to accept the transfer of ownership of the new facilities to the County.
C. Commonwealth Attorney’s Funding Requests: Commonwealth Attorney Daniel Rutherford submitted the two following requests. The ongoing costs for R2026-26 starting next year is $11,722. The system allows the County to bypass passwords and access a phones data far more quickly than the County is currently able thereby permitting them to save and protect data for trial and makes the process of obtaining information in response to a subpoena far simpler. The Board unanimously approved R2026-16 and the request for temporary funding, both of which are set forth below:
1. Cellebrite Software for Digital Forensics (R2026-16)
WHEREAS, the Nelson County Sheriff’s Office, like all other law enforcement agencies across the country, is experiencing an increased amount of digital evidence during investigations and does not have the tools necessary to unlock, extract, or analyze these devices; and
WHEREAS, the Nelson County Sheriff’s Office is currently having to send every device to the state lab or another outside agency for extraction, and long turnaround times prevent investigators from acting on key evidence in a timely manner, which in turn prevents the Nelson County Commonwealth Attorney from being able to prosecute cases in a timely manner; and
WHEREAS, in order to mitigate this issue, the Nelson County Commonwealth Attorney has requested $23,862.00 in funding for the Cellebrite software and equipment, which also includes training for 2 investigators and the purchase of a compatible computer for the program,
NOW THEREFORE BE IT RESOLVED, that the Nelson County Board of Supervisors hereby approves the funding request in the amount of $23,862.00 which includes Cellebrite InsEYEts hardware, Cellebrite InsEYEts software, Cellebrite Guardian, Cellebrite Investigator Training, and a new computer dedicated to the use of Cellebrite for digital forensics.
2. Temporary Supplemental Pay Request: Commonwealth Attorney’s request and justification for the request is set forth in his letter set forth below. He has three more years as a reservist: The amount requested covers payments over two fiscals years.
D. Zoning Ordinance Work Order Amendment (R2026-17) APPROVAL OF BERKLEY GROUP WORK ORDER AMENDMENT 6 MAPPING SUPPORT: The Board had previously requested a quote for the work described in the resolution. It will help in the drafting of the ordnances which have been previously contracted. The Board unanimously approved R2026-17 set forth below.
BE IT RESOLVED, that the Nelson County Board of Supervisors hereby approves Berkley Group Work Order Amendment 6 in the amount of $10,800.40 to add mapping support to the zoning and subdivision ordinance update scope of work.
E. Opposition to Congressional Redistricting Constitutional Amendment (R2026-18): The Board voted 4 to 1 to approve R2026-18 with Supervisor Reed being the lone dissenting vote. The County attorney said there is nothing in the law that expressly permits or prohibits the Board from adopting such a resolution, but that the proposed resolution has no legal effect. He opined that the Board is able to adopt it if that is the will of the Board.
Supervisor Parr expressed concern about how many persons did not understand the redistricting referendum and expressed that the resolution explained the referendum’s meaning and what is at stake. Supervisor Ligon expressed her opinion that the redistricting amendment referendum does negatively impact the county and falls into the obligations of the Board to advise the County of the same. The argument that R2026-18 has no legal effect should nullify any objections to passing it. Supervisor Lenahan voiced his objections to the redistricting as unfair partisan gerrymandering as did Supervisor Rutherford, the sponsor of the resolution. Supervisor Reed inquired of Supervisor Rutherford who was the actual author of the resolution and where did Supervisor Rutherford get the template. That question was not clearly answered. Supervisor Reed objected to the Board involving itself in this matter at all with an election in progress where the Nelson voters will make their will known and said that the Board should not purport to represent the will of the county.
WHEREAS, in 2020, a Constitutional Amendment was approved by the voters of Virginia creating the Virginia Redistricting Commission, also known as Article II, Section 6-A of the Constitution of Virginia; and,
WHEREAS, the Virginia Redistricting Commission was established to convene in 2020, and every ten years thereafter, “for the purpose of establishing districts for the U.S. House of Representatives, the Senate of Virginia and the Virginia House of Delegates” pursuant to Article II, Section 6 of the Constitution of Virginia; and,
WHEREAS, when proposed, the said amendment to the Constitution of Virginia received broad majority support across the Commonwealth of Virginia, with 2,287,091 Virginians voting in favor of the measure, including 6,243 Nelson County voters; and,
WHEREAS, the Virginia Redistricting Commission successfully put an end to partisan gerrymandering of the Virginia legislative districts for the U.S. House of Representatives, the Senate of Virginia and the Virginia House of Delegates thus creating compact and contiguous districts; and,
WHEREAS, a growing movement among state legislatures are attempting or have already redrawn Congressional Districts mid-decade creating districts that are neither compact nor contiguous; and,
WHEREAS, the Virginia General Assembly called for a Special Session during the last week of October 2025 to propose a Constitutional Amendment that would amend Article II, Section 6-A of the Constitution of Virginia by allowing the General Assembly to redraw the Congressional Districts contrary to the goals of the Virginia Redistricting Commission; and,
WHEREAS, the Virginia General Assembly passed HB 1384, which would force a vote on a Constitutional Amendment that would allow the Virginia General Assembly to redraw the Congressional Districts in an overtly partisan manner that is against the current Congressional Districts that were approved in 2020; and,
WHEREAS, the Virginia General Assembly set the election date of the proposed Constitutional Amendment that would allow the partisan redrawing of the current eleven Congressional Districts for April 21 with early voting beginning on March 6; and,
WHEREAS, should the Constitutional Amendment be approved on April 21, Nelson County would be placed in the 6th Congressional District; and,
WHEREAS, along with Nelson County, the proposed 6th Congressional District would include Albemarle, Amherst, and Fluvanna Counties, parts of Augusta, Bedford, Buckingham, Montgomery, Rockingham, Roanoke Counties as well as the cities of Charlottesville, Harrisonburg, Lynchburg, Radford, Roanoke, Salem, Staunton, and Waynesboro; and,
WHEREAS, the proposed 6th Congressional District is neither as compact nor as contiguous as the current 5th Congressional District where Nelson County is currently included; and,
WHEREAS, the ballot language of the proposed Constitutional Amendment states that it would “allow the General Assembly to temporarily adopt new congressional districts to restore fairness in the upcoming elections” is anything but fair and in reality, unfair to the citizens of Nelson County.
NOW, THEREFORE, BE IT RESOLVED, that the Nelson County Board of Supervisors,
1. Expresses its support for the Virginia Redistricting Commission, and preserves legislative
districts that are compact, contiguous, and comply with applicable law.
2. Expresses strong opposition to the proposed Constitutional Amendment that creates and
promotes partisan gerrymandering.
3. Strongly urges the voters of Nelson County to oppose the Constitutional Amendment to be
voted on April 21.
BE IT FURTHER RESOLVED that a copy of this resolution be presented to Nelson County’s General Assembly delegation and to Governor Abigail Spanberger.
F. Reaffirmation of Second Amendment Support and Sanctuary Status (R2026-19): The Board voted 4 to 1 to approve R2026-19 with Supervisor Reed being the lone dissenting vote. The expressed opinions of the supervisors were similar to the reasoning on the votes for (R2026- 18).
WHEREAS, the Second Amendment of the United States Constitution reads: “A well- regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.” and,
WHEREAS, Article 1, Section 13 of the Constitution of Virginia provides “that a well- regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power;” and,
WHEREAS, certain legislation publicly proposed for the 2026 session of the Virginia General Assembly could have the effect of infringing on the rights of law abiding citizens to keep and bear arms, as guaranteed by the Second Amendment of the United States Constitution and Article 1, Section 13 of the Constitution of Virginia; and,
WHEREAS, the Nelson County Board of Supervisors is concerned about the passage of any bill containing language which could be interpreted as infringing on the rights of the citizens of Nelson County to keep and bear arms or could begin a slippery slope of restrictions on the Constitutional rights of the citizens of Nelson County; and,
WHEREAS, the Nelson County Board of Supervisors wishes to express its deep commitment to the rights of all citizens of Nelson County to keep and bear arms; and,
WHEREAS, the Nelson County Board of Supervisors wishes to express opposition to laws which would unconstitutionally restrict the rights of the citizens of Nelson County to keep and bear arms; and,
WHEREAS, on December 10, 2019, the Nelson County Board of Supervisors formally adopted a resolution declaring Nelson County as a Second Amendment Sanctuary County; and,
WHEREAS, the Nelson Board of Supervisors wishes to express its intent to reaffirm its stand as a Sanctuary County for Second Amendment rights to oppose, within the limits of the Constitution of the United States and the Commonwealth of Virginia, any efforts to unconstitutionally restrict such rights, and to use such legal means at its disposal to protect the rights of the citizens to keep and bear arms, including through legal action, the power appropriation of public funds, and the right to petition for redress of grievances.
NOW, THEREFORE, BE IT RESOLVED, the members of the Nelson County Board of Supervisors proudly reaffirm their oath of office: To solemnly swear to support the Constitution of the United States and the Constitution of the Commonwealth of Virginia and to faithfully and impartially discharge all the duties incumbent upon us, to the best of our abilities, so help us God.
AND, BE IT FURTHER RESOLVED, that the Clerk is directed to send forthwith an attested copy of this document to Senat Creigh Deeds and Delegates Matt Farissor.
EVENING SESSION 7:00 P.M.
I. The meeting was CALLED TO ORDER.
II. PUBLIC COMMENTS:
1) William Henry McCahon: wanted to address R2026-18 and 19. Thanked the Board for approving the Resolutions and expressed his appreciation for how civil the discussion was.
2) Stephen Bayne: Please do not settle for a Real estate Tax Rate .57. Use .50. The extra revenue is not needed as the budget requests are inflated, especially the school system. An admission tax is preferable to an increase in property taxes.
3) Clay Stewart: Asked that the Court reconsider its decision on R2026-18 and trust the voters of Nelson County to make the voters of Nelson the determiners of their preference on the referendum for redistricting at the ballot box not the Board of Supervisors. Mr. Stuart also pointed out that the resolution should have been published under the Freedom of Information Act 3 working days prior to the meeting and it was not. This applies to all issues coming before the Board and we are not meeting the requirement. (the author checked the statute online and her research shows that the agenda and documents must be posted for the public at the same time as they are provided to the Board members).
III. PUBLIC HEARINGS
A. Proposed Ordinance O2026-01 - Amendment to Chapter 2, Article III, Sec. 2-74 Declaration of Local Emergency: No one came to make comments at the Public hearing on the Resolution. The motion was unanimously approved.
Consideration of an ordinance proposed for passage to amend Chapter 2, Article III, Sec. 2-74 Declaration of Local Emergency. Proposed amendments would align Section 2-74 (a) of the County Code with the Code of Virginia 44-146.21, allowing for the Board of Supervisors to confirm a local emergency declaration at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. The Board unanimously adopted the following Ordinance O2026-01.
ORDINANCE O2026-01 :AMENDMENT OF THE CODE OF NELSON COUNTY, VIRGINIA CHAPTER 2, ADMINISTRATION, ARTICLE III, EMERGENCY SERVICES, DIVISION I, SECTION 2-74 DECLARATION OF LOCAL EMERGENCY: BE IT HEREBY ORDAINED, by the Nelson County Board of Supervisors, that the Code of Nelson County, Virginia, Chapter 2, Administration, Article III Emergency Services, Division I, Section 2-74 is hereby amended as follows:
Amend
Sec. 2-74. Declaration of local emergency.
(a) A local emergency as defined in Section 44-146.16(6), Code of Virginia, as may be declared by the director of emergency services with the consent of the board of supervisors. If the board of supervisors cannot convene due to the disaster, the director or any member of the board of supervisors, in the absence of the director, may declare the existence of a local emergency, subject to confirmation by the entire board of supervisors at a special meeting within five (5) days of the declaration board of supervisors at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. The board of supervisors, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency.
(b) A declaration of a local emergency shall activate the response and recovery programs of all applicable local and interjurisdictional emergency operations plans and authorize the furnishing of aid and assistance thereunder.
(c) The director, following such declaration, shall notify the state department of emergency services that all local resources have been committed in the disaster and that assistance may be requested from the state.
BE IT FURTHER ORDAINED, by the Nelson County Board of Supervisors that this Ordinance becomes effective immediately.
IV. FY27 BUDGET WORK SESSION
A. 3/4 Work Session Follow-Up: None at this time
B. Agency Review:
1. MACAA – Suzanne Bowers (executive director) and Tania Dowell: reported that the original application for funding in the fall included an expense for the after school program which they will relinquish to Parks and Recreation who don’t have the licensure requirements and can operate the program at a lower cost. MACAA has been operating the program at a $1200 per month loss.
The Project Discovery and the Community Services program continue to be operated by MACAA. Community Services has aided 98 participants in 44 households in the 25/26 fiscal year. The Board received the data on the persons Community Services benefited from case management, job coaching, and emergency financial services. MACAA is physically present in Nelson County every Thursday at the Heritage Center and all of the $20,000 given to MACAA by the Board in the current fiscal year has been spent in Nelson County on behalf of Nelson County residents. MACAA is requesting $20,000 for Community Services in fiscal year 26/27. Project Discovery works on preparing children for post high school life and their families. They meet generally on the second Thursday of the month. It focuses on low income families where no parent has had a secondary education. The counselor help with college or other post high school education application, scholarship applications, and conduct college campus visits. MACCA is looking to expand the program. The services are free to the recipients. The students and family also receive counseling and support about the college or other post high school experience and what to expense. Currently 8 children are in the program. MACAA is looking to grow the program. They are seeking $10,000 for project discovery.
2. Blue Ridge Health District- Ryan McKay. He is looking for looking for a contribution of $400,138 from Nelson County. This is an increase of $24,619 over the 25/26 budget. The significant increase is due largely to federal funding cuts. They were forced to cut 14 jobs literally overnight as a result of President Trump’s cuts to grants for health services back in 2025 and they are already short staffed and facing two more positions being at risk if they cannot get the additional funds from the state and the localities. The requests to the counties/city making up the district are prorated accounting for the patients that have been served in the specific local. The district is made up of Albemarle County, the City of Charlottesville, Greene County, Fluvanna County, Louisa County, and Nelson County. Albemarle, Charlottesville and Louisa have been requested to contribute the most to the budget shortfall because of the number of service users to reside there. The Blue Ridge Health District has already lost funding for HIV tests. They have no choice but to keep cutting back if the localities cannot meet the funding requests. The personnel positions that were lost had been in place for 20 years as had the grants which supported them. Mr. McKay assured the Board that if the state appropriates more money than expected, there should be refunds to the counties/city.
C. Admissions Tax Discussion: at the Boards request, based on prior discussions of the Board and with input from Candy McGary, County Attorney Payne drafted a comprehensive proposed resolution as a working document for discussion. When reviewed, the draft resolution raised a multitude of issues that needed consideration. Supervisor Rutherford suggested that a committee be created consisting of Supervisors Lenahan, Ligon, and Reed, the Commissioner of Revenue, and various stakeholders such as businesses and venues to which the tax might apply. The committee would address the purpose of the tax, the direct and indirect effect of the proposed tax on county residents, the impact on/cost to the county of the activities that may be taxed, and the negative affects the tax may have on tourism in the county. The committee should also focus on how the tax would be enforced. The committee would plan on having a report back to the full Board in six months and would keep the Board informed monthly of the committee’s progress. The Board unanimously voice its concurrence with the proposed plan.
V. OTHER BUSINESS (AS PRESENTED): continued from 2:00 PM Session
VI. REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE
A. Reports
1. County Administrator’s Report
A. DSS Building Project: Coleman-Adams is finishing foundation walls/backfilling, stubbing data pipes and under slab utilities in preparation to pour the slab mid-March. Inclement weather has impeded progress, however not substantially. Once the slab is ready, Coleman-Adams expects the pace of progress to accelerate. PMA and Coleman-Adams are working through power design changes with CVEC and the building construction work group continues to meet twice per month with project coordination going well.
Department of Social Services: Advisory Board Members have completed training and an initial meeting is being planned by Director Deshong. See Ms. Deshong’s monthly report for department services data.
B. 2026 Reassessment Board of Equalization: The Board of Equalization has set and advertised their meeting schedules with dates established on eight (8) days in the first two weeks of March, including three (3) evening sessions and seven (7) days in May with three (3) evening sessions. As of March 5, 2026, the BOE has held eleven (11) hearings and their dispositions are as follows:
Change: 2
No Change: 7
Pending: 2 (BOE requested additional evidence from appellant and we are waiting to receive photos from appellant. Another appeal is being reviewed by Assessor, Gary Eanes as BOE needed guidance before making a final decision).
The BOE will provide a formal report to the Board once their work has concluded. A special thank you goes out to the BOE members and Ms. Juliana Piedra for providing her administrative assistance in doing all of the scheduling and administrative work associated with the BOE, in addition to her regular duties in County Administration.
C. Transfer Station Tipping Floor Replacement: The County received five (5) sealed bids on March 4th, with bids ranging from $90,000 to $387,920. Architectural Partners is evaluating the submitted bids in order to provide the County with their recommendation for project award. The construction period is expected to be sometime between April 1 – May 31.
D. Cover the Caboose Project: After receiving several initial quotes for construction over $30,000, the purchasing policy will require the project to be put out for bids in a formal solicitation. Jerry West will be working with the Finance Department to get this done as soon as possible; this method of procurement will establish a set timeline for completion.
E. Wintergreen Wastewater Treatment Plant Meeting (DEQ): In mid-February I attended a meeting at the Regional DEQ office in Harrisonburg to discuss unauthorized discharges occurring at the Service Authority’s new WWTP at Wintergreen, which had been occurring intermittently last winter and in late December through early February of 2026. In addition, Service Authority staff and 2 NCSA Board members were present along with the WWTP project engineer, and a host of DEQ central and regional office staff from compliance and finance divisions.
During the meeting, the operational issues with the new plant were discussed, including the various ways that the project engineer and plant operator had attempted to correct the issues, and what the short and long term solutions could be. Resolution to the most immediate short term issue of eliminating the discharges from the equalization basin was discussed as the primary concern, with the solution of pumping down of the EQ basin during peak flows being the most immediately viable option. How to do this while the upcoming membrane cleaning and performance testing was being done was also discussed, given that the EQ basin needed to be full during the testing period. It was discussed that long term solutions would be predicated on the outcome of the membrane performance testing and would likely need to take place during the off-season (March-November) when the plant operates without discharges. DEQ asked for NCSA to report back on its evaluation of what they will do under the three testing outcomes: 1) the testing passes, 2) the testing fails and plant manufacturer cooperates to fix it, or 3) it fails and the plant manufacturer does not cooperate in fixing it. It was noted that the performance testing was part of certification of substantial completion of the project and until the project was substantially complete, the DEQ construction loan could not be closed out. DEQ also asked NCSA to provide them with timelines for short and long-term action items so that they could develop a Corrective Action Plan based on these. It was noted that the discharge was partially treated wastewater, not raw sewage because most solids making it into the EQ basin were settled at the bottom of the tank. Testing of this discharge had not been done and NCSA agreed to immediately test samples at the point of overflow and several places downstream of the creek and to provide public notification of the discharges and the results of the testing. NCSA was to continue to provide 24 hr. and weekly operational reporting to DEQ compliance staff.
Following the meeting, NCSA implemented the temporary pump and haul solution; however, some discharge during peak usage times continued due to the inability to haul the discharge to a receiver over the weekends and wet weather that exacerbated the infill and infiltration at the plant. NCSA provided public notification of the discharge issues and performed the testing; notifying me that the results showed there was no concern for downstream property owners.
In late February, DEQ staff (Brandon Kiracofe and Noel Thomas)performed an in person compliance inspection and observed overflow discharge at the EQ basin while the plant manufacturer was on site performing the membrane cleaning for the performance testing. The DEQ inspection report states that “The overflowing wastewater from the EQ basin flows through a culvert under the EQ basin access road into a wooded area. The majority of the wastewater solids observed were dispersed in this wooded area with minimal amount of wastewater reaching the unnamed tributary to the South Fork Rockfish River at the time of inspection. At several locations between the point where the EQ basin overflow enters the unnamed tributary to the area just downstream of the WWTP outfall area, small pockets of light settled solids were observed as well as some minimal solids deposition on leaves in the stream.” “The South Fork Rockfish River was observed at four locations downstream of the point where the un-named tributary enters the river. No evidence of wastewater solids was observed at any of these locations. The water was running clear with a large rock and gravel bottom.
Their corrective action was for NCSA to “continue sending daily status updates for the system to include the overflow status information for the EQ basin and details on any pump and haul activities conducted for the same day. Noel Thomas and Brandon Kiracofe spoke with Massie Huffman during the inspection. Ovivo was on site and in the process of completing the membrane cleaning for the upcoming membrane reactor testing.”
My understanding is that there was some delay in performance testing related to less than optimal levels of microorganisms present, which would impact the results. NCSA has advised they will provide an update on the timeline when they know more.
F. NCSA Lovingston Sewer Rehabilitation Project: County staff and NCSA reviewed an update to the project’s Preliminary Engineering Report, which includes expansion of the scope of work and new cost projections to include 10 additional manholes that have now been located within the project area, as well as other issues identified through use of CCTV cameras of the system in May 2025. Two alternative scopes with probable costs of $4,115,000 and $5,545,000 have been provided with $2,235,000 being the estimated cost of the original project scope. Project engineers, NCSA staff, and County staff are working with USDA/RD on how best to address this, either within the original budget, completing the most critical elements or obtaining an expanded loan from USDA/RD. Update: The NCSA Board has authorized NCSA to apply for additional USDA/RD loan funding in the amount of $1,880,000, which would provide full funding of the first alternative scope for $4.1 M. A strategy discussed at the staff and Engineer level was that NCSA could proceed with issuing a project invitation to bid including critical items in the base bid and the remaining as add alternates; which could be accepted as funding allowed.
G. Tire Amnesty: The last County tire amnesty day was in 2017 and we are having trouble finding specifics on that; however, it was noted in the minutes that it was held. In July 2016, there were two tire amnesty days with the same 25 tire limit but for tires 20 inches or less in diameter. There was discussion on having a day for tires up to 25 inches, but it was noted those larger tires were commercial tires and they became too large and heavy for the staff to maneuver. There was a two-day amnesty in 2015, on two Saturdays (June 20th and 27th) for residents only (no commercial) with a limit of 25 tires per household, for tires not exceeding 22 inches in diameter. It was reported at a following meeting that 17 tons of tires were collected and it cost the County about $1,800 to dispose of them. We may be able to utilize DEQ litter funds to cover the cost of a tire amnesty. Section 10-19 of the County’s Solid Waste Ordinance provides this authority. Please advise if the Board would like to authorize something for 2026.
H. Rockfish Re-Use Shed Follow Up: Mr. Brantley has noted there are no issues to report at the Rockfish re-use shed or at any of the other sites.
I. Meals and Lodging Tax Collection & Lodging Entity Tracking: See Attached Charts - # of Lodging Units went from 838 to 844. TOT taxes collected FY to date are $2,022,813 with four (4) months remaining.
J. Staff Reports: Department and office reports for February/March have been provided.
2. Board Reports:
Supervisor Jesse Rutherford reported that he had attended a TJPDC meeting (as had Supervisor Reed) where major power lines in Louisa and Fluvanna were discussed as well as rural transportation planning including VDOT Smart Scale. He attended the Lovingston Merchants Association Meeting. Signs for Lovingston have been prepared and the Association is working with VDOT on their placement. There will be a public meeting to discuss the signage. Supervisor Rutherford and Supervisor Ligon met with the School Board Chairperson Shannon Powell and School Board Member Ceasar Perkins to discuss the history of contention between the two boards. They agreed that more meetings would helpful.
Supervisors Ernie Reed and Jesse Rutherford met with Cody Barker and Dylan Bishop from the Planning Commission. Supervisor Ernie Reed also met with the Service Authority. He indicated that he was disappointed in the misinformation contained in the public comment about the sewage spill in the Wintergreen sewage system and commended Candy McGarry for her detailed and accurate report to the Board of the situation at today’s meeting.
Supervisor Jessica Ligon met with the Planning Commission. Look for two matters coming from the Planning Commission to the Board at the April meeting.
Supervisor David Parr met with the EMS board. The EMS Board would like to shift approval of their budgeting process/ordering schedule so that the approval is made before an order is placed so that the price of new vehicles can be fixed. The two year lag time between ordering and delivery to fix the price is costing the county thousands.
Supervisor Cameron Lenahan attended a meeting with the school board to discuss space needs and space location. The School Board is amenable to considering space down in the Tye River area. Supervisor Reed suggested that specifics about square footage requirements would really help advance the discussions.
B. Appointments: the Board unanimously approved to appoint James Hall to the James River Alcohol Safety Action Program and to appoint Mary Kathryn Allen to the Board of Zoning Appeals.
C. Correspondence
1. Board of Equalization: The Board received the letter below from James Bibb requesting an increase in compensation for the Board of Equalization accompanied by their meeting calendar. The Board unanimously agreed to increase the compensation to $150.00 per day.
D. Directives: The Board requested that Ms. McGarry’s office provide them with options for tax relief from real estate taxes
VI. The meeting was ADJOURNED AND CONTINUED TO MARCH 11, 2026 AT 2:00 P.M. FOR A BUDGET WORK SESSION.