Summary of the Board of Supervisors Meeting: June 10, 2025
SUMMARY from June 10, 2025
Present: Supervisors Ernie Reed, David Parr, Jesse Rutherford, and Jessica Ligon. Absent: Supervisor Tommy Harvey
I. The Meeting was called to order followed by a moment of silence and the Pledge of Allegiance. Grace Mawyer introduced Brittany Niemeyer who as of May 12, 2025, is Assistant Director of Tourism and Economic Development.
II. PUBLIC COMMENTS:
1) Debbie White: asked that the Board please approve the entire school board budget as requested by the School Board. Her detailed position and analysis are worth hearing and starts at time stamp 3:03 on part 1 of the Utube recording of the June 10, 2025 Board meeting.
2) Frank Clark: inquired whether it is possible to purchase dash car cams for the police cars?
3) Edith Napier: invited the Board to attend the Juneteenth Celebration on June 22, 2025 and listed the itinerary and the activities that would be occurring. Go to the Blue Nelson website to see a full listing of the activities for the Juneteenth celebration under upcoming events.
4) Elwood Waterfield: He is homeless because the county has stolen his home, took his driver license, and Sheriff Embrey should be fired.
III. CONSENT AGENDA: The following were unanimously approved by the Board of Supervisors:
A. Resolution – R2025-37 Minutes for Approval: “RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board meetings conducted on December 18, 2024 and April 8, 2025 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.”
B. Resolution – R2025-38 FY25 Budget Amendment:
I. Appropriation of Funds (General Fund)
Amount Revenue Account (-) Expenditure Account (+)
$ 7 31.25 3-100-001901-0032 4-100-031020-3038
$ 1 34.35 3-100-001901-0033 4-100-031020-3039
$ 1 ,713.28 3-100-002404-0001 4-100-031020-5419
$ 1 2,500.00 3-100-002404-0038 4-100-031020-7016
$ 2 6,000.00 3-100-001899-0030 4-100-081020-7055
$ 8 ,577.35 3-100-001899-0015 4-100-031020-5409
$ 4 0,820.00 3-100-003303-0050 4-100-091050-7013
$ 4 46,760.00 3-100-002401-0045 4-100-053600-3164
$ 1 9,675.00 3-100-001303-0011 4-100-999000-9905
$ 6 7,088.47 3-100-001303-0008 4-100-999000-9905
$ 1 5,203.76 3-100-001901-0026 4-100-999000-9905
_______________
$ 639,203.46
II. Transfer of Funds (General Fund Nonrecurring Contingency)
Amount Credit Account (-) Debit Account (+)
$ 1 5,000.00 4-100-999000-9905 4-100-091030-5680
$ 2 03,735.00 4-100-999000-9905 4-100-053600-3164
$ 4 3,928.55 4-100-999000-9905 4-100-094200-3004
$ 5 ,300.00 4-100-999000-9905 4-100-035010-3003
$ 5 ,000.00 4-100-999000-9905 4-100-043040-5408
$ 1 4,000.00 4-100-999000-9905 4-100-043040-5415
____________
$ 286,963.55
III. Transfer of Funds (General Fund Recurring Contingency)
Amount Credit Account(-) Debit Account (+)
$ 1 3,432.18 4-100-999000-9901 4-100-012040-3002
_______________________________
$ 13,432.18
IV. Transfer of Funds (Debt Service Fund)
Amount Credit Account (-) Debit Account (+)
$ 3 ,683.29 4-108-095100-9150 4-108-095200-9127
________________________
$ 3,683.29
EXPLANATION OF BUDGET AMENDMENT
I. 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 between Debt Service Fund accounts in the amount of $3,683.29 are reflected in (1) $3,683.29 transfer from the Debt Service Reserve line to Interest (BAN2024A) NCHS Renovation Project line item to cover the accrued interest paid on the Bond Anticipation Note for this project.
II. 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 $639,203.46 include requests of (1) $325.00 and $406.25 appropriations totaling $731.25 requested for Sheriff's FY25 UVA MOU Special Events Overtime funding for April 2025; (2) $134.35 appropriation requested for Sheriff's FY25 Bedford MOU Southern VA Internet Crimes Against Children (ICAC) Overtime funding for March 2025; (3) $1,713.28 appropriation requested for Sheriff's asset forfeiture funds received in FY25; (4) $12,500.00 appropriation requested for Sheriff's VSP H.E.A.T. funds received in FY25; (5) $26,000 appropriation request for GO Virginia Wine Industry Implementation Grant match funds to be provided by Albemarle, Madison, and Fauquier Counties; (6) $8,577.35 appropriation requested for Sheriff's donation from Zenith Firearms received in FY25; (7) $40,820.00 appropriation requested for VDEM State Homeland Security Grant funds for Registrar Office improvements; (8) $446,760.00 supplemental appropriation request for State funds (68.68%) for additional State mandated CSA (Children's Services Act) services costs through June 30th totaling $650,495.00; (9) $19,675.00 appropriation requested for FY23 and FY24 Well and Septic Permit Fees collected by VDH and remitted to the County; (10) $67,088.47 appropriation requested for additional Building Permit revenue received in FY25; and (11) $15,203.76 appropriation requested for additional EMS Revenue Recovery revenue received in FY25. The total appropriation request for this period is below the 1% of expenditure budget limit of $773,432.00 for June. Of the total appropriations this month, $101,967.23 (Items 9-11) 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 $286,963.55 are reflected in (1) $15,000.00 to the Piney River Cover the Caboose line item for the contribution to the Campaign as approved in the November 14, 2024 BOS meeting; (2) $203,735.00 is requested to cover the local share cost (31.32%) of State CSA (Children's Services Act) mandated services through June 30, 2025; (3) $43,928.55 for the payoff to First National Bank for the 2024A BAN issuance costs; (4) $5,300.00 is requested to cover increased Animal Control Court Related Expenses due to a large case in FY25 requiring more resources; (5) $5,000.00 is requested to cover increased Motor Pool vehicle repairs and maintenance costs; and (6) $14,000.00 is requested to requested to cover increased fuel costs for Motor Pool and agency vehicles in FY25. Following approval of these expenditures, the balance of Non-Recurring Contingency will be $475,120.99. This net balance includes the additions in I. and reductions in II.
III. 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 Recurring Contingency in the amount of $13,432.18 are reflected in (1) $13,432.18 to the County Attorney line item to cover increased professional services costs in FY25. Following approval of these expenditures, the balance of Recurring Contingency will be $492,153.00.
IV. 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 between Debt Service Fund accounts in the amount of $3,683.29 are reflected in (1) $3,683.29 transfer from the Debt Service Reserve line to Interest (BAN2024A) NCHS Renovation Project line item to cover the accrued interest paid on the Bond Anticipation Note for this project.
C. Resolution – R2025-29 Adoption of Comprehensive Safety Action Plan:
“BE IT RESOLVED, that the Nelson County Board of Supervisors hereby adopts the Move Safely Blue Ridge Comprehensive Safety Action Plan, with the spot specific changes as presented on May13, 2025, as a guiding document for improving roadway safety in the County; and
BE IT FURTHER RESOLVED, that Nelson County will work collaboratively with local, regional, state, and federal partners to implement the recommendations outlined in the plan, prioritize safety improvements, and seek funding opportunities to support these efforts; and
BE IT FINALLY RESOLVED, that Nelson County reaffirms its commitment to reducing roadway fatalities and serious injuries by 50% by 2045, with the ultimate goal of eliminating traffic deaths and serious injuries entirely.”
D. Resolution – R2025-39 Approval of Work Order Amendment for 151 Overlay District: “
BE IT RESOLVED, that the Nelson County Board of Supervisors hereby approves Berkley Group Work Order Amendment 5 in the amount of $2,410.00 to add an Overlay District for the Route 151 Corridor to the zoning and subdivision ordinance update scope of work.”
IV. PRESENTATIONS
A. VDOT Report: Robert Brown reported that VDOT is working on Old Ridge Road (ditching and widening); that secondary road mowing is ongoing; that the four lane primary road mowing will start Monday June 16, 2025; that VDOT is working on sight improvement on Route 29 southbound lane and Davis Creek Road; that the pot holes at Diggs Mountain and Arrington Road appear to be filled; that Lonesome Pine Road seems fine (Mr. Brown personally went to check it); that Beech Road has a drainage problem and that part of road is sunken (looking into the problem); work on 151 should be able to finish soon; and that the Gladstone problem is being studied by road engineer in a full drainage study on the one pipe and VDOT will probably have to close road while replacing pipe.
Mr. Rutherford inquired about drainage on Chickencoop Lane and other recurring flood areas regarding past flooding. Mr. Brown has no time frame yet for resolving the problems. Mr. Brown reported that the speed study on Rt.29 in Lovingston to extend 45-mile speed limit down close to Stevens Cove is not yet completed and that cross walks will probably be answer for pedestrian traffic at Front Street and Main Street in Lovingston.
Mr. Rutherford requested VDOT to please ask Mis-Utility NOT to put paint on nice stonework like flagstone when marking utility lines.
Mr. Reed reported “Belties “ due to open in Nellysford and it may necessitate cross walks. Mr. Brown was dubious right now about the area being declared a pedestrian zone. Supervisor Reed voiced constituents concerns and discontent about not be able to speak at public hearing on Route 6 roundabout.
B. Departmental Report – Jeff Brantley, Public Works: Mr. Brantley gave a summary of the bigger ticket items for Public Works for May. Public Works (hereinafter PW) replaced a display panel and a window in a 2008 Tuson excavator at the transfer station; PW also replaced a windshield in the 2018 excavator; they repaired the trail on the East end of the Blue Ridge Tunnel after the heavy down pour at the transfer stations,
PW replaced a breaker in control panel for capacitor No. 2 at the Rockfish Community Center; there are five broken panes of glass at the Animal Shelter but its double paned glass and they are not emergencies and windows are ordered; inspection for the sprinkler system and elevators at the courthouse are completed as is the semi-annual service for the elevators.
All of the re-use sheds have had problems, particularly the one at Rockfish where some of its visitors have been rude and abusive to others while taking things from the shed. PW had an attendant assigned just to the monitor the shed for two weeks. The attendant observed and documented the bad behavior. Two individuals were sent warning letters regarding their behavior. If the behavior continues, those individuals will be banned from all re-use sites and the next step in the process is that a trespass notice will be served on the individuals. A member of the Sheriff’s Office has been/will continue driving by the Rockfish re-use daily for 30 days.
Larkin Property was tested for ground water, and the results should be available this week. Regarding the phase 2 pump station at Piney River Water and Sewer System, Mr. Brantley met this week with Mr. Patterson and the NCWA. A new station is being installed and the proper specifications will be met.
C. Albemarle-Charlottesville Regional Jail Renovation Financing-POSTPONED BY ACRJ due to bids on project being 38% over budget. ACRJ is s working to reduce the scope of project. ACRJ is looking to focus just on the 1975 portions of the jail.
D. VRA Financing for Social Services Office Building Project (R2025-40): Paul Jacobson from SandsAnderson Law Firm, the County’s bond counsel reviewed needed documents with the Board which are due June 13, 2025. Bonds will go up for sale on July 22, 2025, and the sales will close August 5, 2025. Bond maximum will be $9,500,000. The documents require a County financial appropriation annually to pay the debt and the land on which the building sits will be the collateral. The target maximum interest is 5.5%. The market is volatile and as of June 10, 2025 the interest rate is 4.3%. The proceeds will be escrowed and the withdrawal of funds limited to construction costs as incurred and the payoff of the land purchased with interim financing.
The Board unanimously voted to approve the following:
BE IT RESOLVED, THAT:
1. It is hereby found and determined that the terms of the Basic Documents in the respective forms presented to this meeting and incorporated in this Resolution are in the best interests of the County for the acquisition, design, improvement, expansion, renovation, construction and equipping of the Project.
2. The Basic Documents and related financing documents are hereby approved in substantially the respective forms presented to this meeting. The Chairman, Vice Chairman, County Administrator and any officer of the Board who shall have power generally to execute contracts on behalf of the Board be, and each of them hereby is, authorized to execute, acknowledge, consent to and deliver, as appropriate, the Basic Documents and any other related financing documents, with any changes, insertions and omissions therein as may be approved by the individuals executing them, such approval to be conclusively evidenced by the execution and delivery thereof. The actions of the Chairman, the Vice Chairman and the County Administrator, each of whom is authorized to act, shall be conclusive, and no further action shall be necessary on the part of the County
The final pricing terms of the Local Lease Acquisition Agreement and Financing Lease will be determined by VRA, subject to VRA’s Purchase Price Objective and market conditions described in the Recitals hereof; provided, however that (i) the Lease Obligations shall be composed of principal components having a maximum aggregate principal amount of not to exceed $9,450,000 (the “Maximum Authorized Principal Amount”) and interest components with a maximum interest rate of 5.50% per annum (exclusive of "supplemental interest" as provided in the Local Lease Acquisition Agreement and Financing Lease) and (ii) the Lease Obligations shall be payable over a term expiring not later than December 31, 2055. Subject to the preceding terms, the Board further authorizes VRA to determine the aggregate total of principal and interest components of the Lease Obligations, establish a schedule of Lease Obligations including the dates and amounts and the optional and extraordinary prepayment provisions, if any, of the Lease Obligations, all in accordance with the provisions hereof. The term of the Prime Lease shall not be more than five years longer than the term of the Local Lease Acquisition Agreement and Financing Lease; such term is intended to provide security to VRA in the event of default or non-appropriation by the County, all as more fully set forth in the Local Lease Acquisition Agreement and Financing Lease (or any supplement thereto).
Given the Purchase Price Objective and market conditions, it may become necessary to enter into the Local Lease Acquisition Agreement and Financing Lease with aggregate principal components of the Lease Obligations greater than the Proceeds Requested. If the limitation on the maximum aggregate principal components of Lease Obligations on the Local Lease Acquisition Agreement and Financing Lease set forth in this Section 2 restricts VRA's ability to generate the Proceeds Requested, the Local Lease Acquisition Agreement and Financing Lease may be entered into for an amount less than the Proceeds Requested.
The Chairman, the Vice Chairman, the County Administrator, or any of them and such other officer or officers of the County as either may designate are hereby authorized and directed to enter into the Local Lease Acquisition Agreement and Financing Lease and the Prime Lease.
As set forth in the Local Lease Acquisition Agreement and Financing Lease, the County agrees to pay such “supplemental interest” and other charges as provided therein, including such amounts as may be necessary to maintain or replenish any VRA Reserve (as defined in the Local Lease Acquisition Agreement and Financing Lease).
Rental Payments (as defined in the Local Lease Acquisition Agreement and Financing Lease) due under the Local Lease Acquisition Agreement and Financing Lease shall be payable in lawful money of the United States of America and otherwise comply with the terms set forth in the Local Lease Acquisition Agreement and Financing Lease. The County may, at its option, prepay the principal components of Rental Payments upon the terms set forth in the Local Lease Acquisition Agreement and Financing Lease.
3. The same officers of the Board, and the County Administrator and the County Attorney be, and each of them hereby is, authorized and directed to take all actions and procure, execute and deliver any and all other agreements, financing statements, papers, instruments, title insurance policies, real property surveys and inspections, opinions, certificates, affidavits and other documents, and to do or cause to be done any and all other acts and things necessary or proper for carrying out the purposes and intent of this resolution, the Basic Documents, including the final selection of property to be utilized as the Leased Property as may be required by VRA prior to the recording of the Local Lease Acquisition and Financing Lease and causing the redemption and prepayment in full of the 2024B Note. The same officers are authorized and directed to work with the County’s bond counsel, Sands Anderson PC, and representatives of VRA, including without limitation McGuireWoods LLP, Bond Counsel to VRA, to perform all services and prepare all documentation necessary or appropriate for the execution, delivery and recording, as appropriate, of the Basic Documents.
4. The County represents and covenants that it shall not take or omit to take any action the taking or omission of which would (a) cause the VRA Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”) or (b) otherwise cause interest on any VRA Bonds to be includable in the gross income for Federal income tax purposes of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the County shall comply with any provision of law that may require it at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the VRA Bonds. The County shall pay any such required rebate from of the gross proceeds of the VRA Bonds. The County shall pay any such required rebate from legally available funds.
5. The County covenants that it shall not permit any proceeds derived from the Lease Obligations to be used in any manner that would result in (a) 10% or more of such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, provided that no more than 5% of such proceeds may be used in a trade or business unrelated to the County’s use of the Project, (b) 5% or more of such proceeds being used with respect to any “output facility” (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the County receives an opinion of nationally recognized bond counsel that compliance with any such covenant is not required or is no longer required in order to prevent the interest on the VRA Bonds from being includable in the gross income for Federal income tax purposes of the registered owner thereof under existing law, the County need not comply with such covenant to the extent provided in such opinion.
6. Such officers of the County as may be requested are authorized and directed to execute and deliver a tax compliance agreement in relation to the Lease Obligations (the “Tax Compliance Agreement”) in the form approved by the Chairman or Vice Chairman of the Board or the County Administrator, or any of them, in collaboration with the County’s bond counsel, with such completions, omissions, insertions and changes as maybe approved by the officers of the County executing such Tax Compliance Agreement, whose approval shall be evidenced conclusively by the execution and delivery thereof.
7. The undertaking by the County under the Local Lease Acquisition Agreement and Financing Lease to make Rental Payments and any other payments due under the Lease Obligations shall be a limited obligation of the County, payable solely from funds to be appropriated by the Board from time to time for such purpose and shall not constitute a debt of the County within the meaning of any constitutional or statutory limitation or a pledge of the faith and credit of the County beyond any fiscal year for which the Board has lawfully appropriated from time to time. Nothing herein or in the Lease Obligations shall constitute a debt of the County within the meaning of any constitutional or statutory limitation or a pledge of the faith and credit or taxing power of the County.
8. The Board believes that funds sufficient to make payment of all amounts payable under the Lease Obligations can be obtained. While recognizing that it is not empowered to make any binding commitment to make such payments beyond the current fiscal year, the Board hereby states its intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future Boards do likewise during the term of the Lease Obligations. The Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County’s annual budget, to include in the budget request for each fiscal year during the term of the Lease Obligations an amount sufficient to pay all amounts coming due under the Lease Obligations during such fiscal year. As soon as practicable after the submission of the County’s annual budget to the Board, the County Administrator is authorized and directed to deliver to VRA evidence that a request for an amount sufficient to make the payment of all amounts payable under the Lease Obligations has been made. Throughout the term of the Lease Obligations, the County Administrator shall deliver to VRA within 30 days after the adoption of the budget for each fiscal year, but not later than July 1, a certificate stating whether an amount equal to the Rental Payments and any other amounts due under the Lease Obligations which will be due during the next fiscal year has been appropriated by the Board in such budget. If at any time during any fiscal year of the County, the amount appropriated in the County’s annual budget in any such fiscal year is insufficient to pay when due the amounts payable under the Lease Obligations, the Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County’s annual budget, to submit to the Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit.
9. The County authorizes and consents to the inclusion of information with respect to the County to be contained in VRA’s Preliminary Official Statement and VRA’s Official Statement in final form, both prepared in connection with the sale of the VRA Bonds, a portion of the proceeds of which will be used to purchase the Lease Obligations. If appropriate, such disclosure documents shall be distributed in such manner and at such times as the Chairman of the Board, the Vice Chairman of the Board or the County Administrator, each of whom is authorized to act, shall determine. The Chairman of the Board, the Vice Chairman of the Board or the County Administrator, each of whom is authorized to act, are authorized and directed to take whatever actions are necessary and/or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule 15c2-12.
10. The recitals to this resolution are hereby incorporated by reference and are declared to be findings of the Board in connection with its decision to finance the Project.
11. The Board hereby determines that it is in the best interests of the County to authorize the County Treasurer to participate in the Virginia State Non-Arbitrage Program in connection with the Lease Obligations if requested by VRA.
12. Nothing in this Resolution, the Basic Documents or other related documents shall constitute a debt or a pledge of the faith and credit of the County, and the County shall not be obligated to make any payments under the Basic Documents except from funds that may be appropriated by the Board.
13. All acts of the officers, agents and representatives of the County that are in conformity with the purposes and intent of this resolution and in furtherance of the leasing of the Leased Property by the County to finance the Project and the redemption and prepayment in full of the 2024B Note are hereby approved, ratified and confirmed.
14. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto, to record such document where appropriate and to pay from County funds all appropriate recording fees, taxes and related charges.
15. This Resolution shall be effective immediately upon its adoption.”
E. Piney River Water and Sewer Rates: The report presented by Ms. McGarry was in response to a request from the Board to the County Administrators office for information regarding comparative water and sewer rates. The power point report set forth in this summary is a brief extract of the information she provided. The full power point report can be obtained from the June 10, 2025 Board of Supervisor Packet which can be found on the Nelson County website by clicking on the county calendar for June 10, 2025. https://www.nelsoncounty-va.gov/government/board-of-supervisors/.
A public hearing was discussed by the Board with a proposal for at least year one increase, but no definitive proposal was determined. Supervisor Parr was skeptical of the median incomes in the report in the Piney River district and wants the increases to be stretched out as long as possible. He wants at least a 5 year scaled increase. Supervisor Reed suggested a bigger increase in the first year and wants to use the third or four year proposed level in year one followed by smaller increases in subsequent years to make up for no rate increases in over 13 years. Supervisor Ligon wants a full plan now as she is concerned it won’t happen if the Board doesn’t act now. Supervisor Rutherford said currently grinders pumps generally cost $8,000-$10,000 for initial installations.
The decision was that nothing be done until the Board has a joint meeting with the Service Authority later in the week. The concern is what to do to effect merger with the Service Authority. The Service Authority is not expected to accept the merger of the two systems at the current Piney River rates. This discussion was very intense and the Board of Supervisor recording of the first half of the June 10, 2025 meeting is worth listening to for those affected. The issue is postponed until the July 6, 2025 meeting and Ms. McGarry was instructed to address additional scenarios suggested by Board members. There was significant disagreement among the Board Members
V. NEW & UNFINISHED BUSINESS
A. Authorization for Public Hearing on Transient Occupancy Tax Reporting (R2025-41): The Board unanimously approved the following to comply with the change in state law:
“BE IT RESOLVED, that pursuant to §15.2-1427 of the Code of Virginia 1950 as amended, the County Administrator is hereby authorized to advertise a public hearing to be held on July 8, 2025 at 7:00 P.M. in the General District Courtroom in the Courthouse in Lovingston, Virginia. The purpose of the public hearing is to receive public input on an Ordinance proposed for passage to amend Chapter 11, Taxation, Article 6 Transient Occupancy Tax. Proposed amendments would add new definitions to Sec. 11-130; Repeal current Sec. 11-132 and enact new Sec. 11-132 Collection from transients, when payable; add language to Sec. 11-133 to comply with changes to State Code effective July 1, 2025 regarding reporting requirements for accommodations providers (HB 2383 & SB 1402).
B. Authorization for Public Hearing on Business License Requirement (R2025-42): The Board unanimously approved both R2025-41 and R2025-42 which were requested by Dylan Bishop in the following June 10, 2025 memo to the Board.
“Re: Consideration of Updates to Business License Requirements
The Commissioner of Revenue (COR) recently made Planning and Zoning staff aware that there is an upcoming update to the Code of Virginia relating to dissemination of information regarding short term rentals. House Bill #2383, which goes into effect on July 1, prohibits Commissioners of Revenue from sharing addresses and gross receipts data with other government officials. Currently, the COR submits copies of the business licenses for each month to Planning and Zoning staff to confirm the use is compliant with the Zoning Ordinance.
They are also provided to the Tourism Department to be included in the County’s registry. Because this information will not be shared going forward, staff met to discuss how this could be addressed. A simple solution would be to amend County Code Section 6-90 to require a zoning approval prior to issuance of a business license. Planning and Zoning staff is developing a new application to ensure the necessary information is captured, and that the use is compliant prior to acquiring a business license. This would only apply to uses regulated by the Zoning Ordinance such as commercial uses, home occupations, and short term rentals.
Staff is requesting that the Board of Supervisors authorize a public hearing to amend Section 6- 90 (attached).
DRAFT ORDINANCE – Business License Application Requirements
Repeal current Sec. 6-90.
Enact:
Sec. 6-90. Application requirements.
(a) The Commissioner of Revenue shall develop an application which shall require the business name and any trade names, the federal identification number, the type of business and its description, the physical and mailing addresses of the business, the name of the individual signing the application together with his driver’s license number and contact information, and such other information deemed necessary by the Commissioner for the processing of the application.
(b) For new businesses, or existing businesses which have changed physical location or description, the following additional information is required:
(1) A copy of the approved Zoning Permit from the Planning and Zoning Department to indicate whether the applicant’s business is in compliance with the Zoning Ordinance.
BE IT RESOLVED, that pursuant to §15.2-1427 of the Code of Virginia 1950 as amended, the County Administrator is hereby authorized to advertise a public hearing to be held on July 8, 2025 at 7:00 P.M.in the General District Courtroom in the Courthouse in Lovingston, Virginia. The purpose of the public hearing is to receive public input on an Ordinance proposed for passage to amend Chapter 6, Licenses, Permits and Business Regulations, Article 4 General Business License. Proposed amendments repeal current Sec. 6-90 and enact new Sec. 6-90 Application requirements; which would add the requirement of a zoning approval prior to the issuance of a business license for new businesses, or existing businesses which have changed physical location or description, and would only apply to uses regulated by the Zoning Ordinance such as commercial uses, home occupations, and short term rentals.”
C. County Vehicle Acquisition, Maintenance and Use Policy (R2025-43): The Board unanimously approved the following:
“WHEREAS, the Nelson County Board of Supervisors wishes to establish procedures and guidelines for the acquisition, maintenance, and use of motor vehicles for County business; BE IT RESOLVED, that the Nelson County Board of Supervisors hereby adopts the attached Nelson County Vehicle Acquisition, Maintenance & Use Policy and directs the County Administrator to administer the procedures in accordance with the policy.”
The proposed policy is 21 pages long and can be found starting at page 2011 of the Board of Supervisor June 10, 2025 packet. It is extensive and detailed. Interested readers are advised to find it on the Nelson County website and click on the county calendar for June 10, 2025. https://www.nelsoncounty-va.gov/government/board-of-supervisors/ .
D. Roseland Rescue Squad Interest Free Loan Request (R2025-44): The current system caught fire. It is needed for drug storage. The Board unanimously approved the resolution below for a four (not five) year loan.
“BE IT RESOLVED, that the Nelson County Board of Supervisors hereby approves an interest free loan request from Roseland Rescue Squad in the amount of $40,000 to help purchase two (2) new air conditioning systems for the Roseland Rescue Squad building.”
E. FY26 Budget :
1. School Budget Funding: : The specifics of the School Boards Budget request can be found on page 244 of the Board of Supervisors packet at the County website https://www.nelsoncounty-va.gov/government/board-of-supervisors/ and click on the county calendar for June 10, 2025. It includes the purchase of four buses. The school board has indicated it is amiable to finding the funding for a further bus in the proposed budget. Approximately $85,000 was incurred for raises including benefits for salaries that were in excess of 3%.
The Board unanimously voted to defer R2025-45 and R2025-46 set forth below to June 25, 2025 at 4:30 pm at the request of Mr. Parr to give him more time to study the specifics of the School Board budget numbers. The Resolution below will be considered at the June 25, 2025 meeting and an update on the outcome of that vote will be reported on the Blue Nelson Website.
2. FY26 Budget Adoption (R2025-45):
“WHEREAS, pursuant to the applicable provisions of Chapter 25, Budgets, Audits and Reports of Title 15.2 of the Code of Virginia, 1950, the Board of Supervisors of Nelson County, Virginia has prepared a budget for informative and fiscal planning purposes only and has also established tax rates, as applicable, for Fiscal Year 2025-2026 (July 1, 2025 - June 30, 2026); and
WHEREAS, the completed Fiscal Year 2025-2026 Budget is an itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowing; and
WHEREAS, the Board of Supervisors has published a synopsis of the budget, giving notice of a public hearing in a newspaper having general circulation in Nelson County and, subsequent thereto, convened a public hearing on the Fiscal Year 2025-2026 Budget on May 13, 2025.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Nelson County, Virginia that the Fiscal Year 2025-2026 Budget be hereby adopted in the total amount (all funds, revenues and expenditures) of $125,121,962. The individual fund totals are denoted as follows:
Fund Budget
General $ 51,088,536.00
VPA(DSS) $ 2,111,235.00
Debt Service $ 6,784,074.00
Capital $ 7,458,143.00
School $ 33,879,480.00
School Capital $ 22,065,327.00
Textbook $ 556,868.00
Cafeteria $ 391,628.00
Piney River Water/Sewer $ 513,033.00
Broadband $ 273,638.00
1) The General Fund includes $26,205,589 in local funding transferred to: The Debt Service Fund $3,325,284 ($2,758,214 debt service and $567,070 reserve) and the School Fund $20,769,070 ($20,004,135 for general operations, $600,000 allocated for the purchase of buses, and $164,935 allocated for school nurses). Also included is $2,111,235 in local, state, and federal funds transferred to the VPA Fund (DSS) and contingency/reserve funds of: Recurring Contingency $0, Non-Recurring Contingency $330,964, and School Capital Reserve $300,500. Permanent Financing for NCHS Renovation Project at $22,065,327 and $7,157,643 for DSS Building Project are included in the School Division Capital Fund and the Capital Fund, respectively.
2) The School Fund includes a transfer of $226,918 to the Textbook Fund.
BE IT LASTLY RESOLVED, that adoption of the Fiscal Year 2025-2026 Budget shall not be deemed to be an appropriation and no expenditures shall be made from said budget until duly appropriated by the Board of Supervisors of Nelson County, Virginia.”
3. FY26 Budget Appropriation (R2025-46):
“WHEREAS, the applicable provisions of Chapter 25, Budgets, Audits and Reports of Title 15.2 of the Code of Virginia, 1950 require the appropriation of budgeted funds prior to the availability of funds to be paid out or become available to be paid out for any contemplated expenditure; and
WHEREAS, the Nelson County Board of Supervisors has heretofore approved the Fiscal Year 2025-2026 Budget (July 1, 2025 to June 30, 2026) for the local government of Nelson County and its component units; and
WHEREAS, the Board of Supervisors now proposes to appropriate the funds established in the Fiscal Year 2025-2026 Budget;
NOW, THEREFORE, BE IT RESOLVED by the Nelson County Board of Supervisors that the Fiscal Year 2025-2026 Budget be hereby appropriated on an annual basis by fund category, as follows:
Fund Revenue(s) Expenditure(s)
(All Sources) (All Departments)
General $51,088,536.00 $51,088,536.00
VPA (DSS) $2,111,235.00 $2,111,235.00
Debt Service $6,784,074.00 $6,784,074.00
Capital $7,458,143.00 $7,458,143.00
School $33,879,480.00 $33,879,480.00
School Capital $22,065,327.00 $22,065,327.00
Textbook $556,868.00 $556,868.00
Cafeteria $391,628.00 $391,628.00
Piney River Water/Sewer $513,033.00 $513,033.00
Broadband $273,638.00 $273,638.00
__________________________________
$125,121,962.00 $125,121,962.00
BE IT FURTHER RESOLVED by the Board of Supervisors that:
1. The General Fund appropriation includes transfers of: $2,111,235.00 (4-100-093100-9201) to the VPA Fund (DSS) (3-150-004105-0001); 3,325,284.00 (4-100-093100-9204) to the Debt Service Fund (3-108-004105-0100), $20,769,070 (4-100-093100-9202/Nursing $164,935, 4-100-093100- 9203/Operations $20,004,135, 4-100-093100-9205/Buses $600,000, 4-100-093100-9206/Capital $0) to the School Fund (3-205-004105-0001); $0 (4-100-093100-9114) to the Broadband Fund (3-114-004105-0100); $0 (4-100-93100-9101) to the Reassessment Fund (3-101-004105-0001); and $0 (4-100-093100-9207) to the Piney River Water & Sewer Fund (3-501-004105-0001).
2. The amounts transferred from the General Fund to the VPA Fund (DSS), Debt Service Fund, School Fund, Piney River Water & Sewer Fund, and Broadband Fund are also included in the total appropriation for each of these funds.
3. The School Capital Fund includes $22,065,327.00 in funding for expenditures related to the Nelson County High School Renovation Project.
4. Textbook Fund appropriation includes the allocation of $226,918 from the School Fund.
5. The Debt Service Fund includes $2,758,214 in current debt service and $4,025,860 in debt service reserve.
6. The appropriation of funds to the School Fund, School Capital Fund, Textbook Fund, Cafeteria Fund, and VPA Fund (DSS) shall be in total and not categorically.
7. The appropriation and use of funds within the General, Debt Service, Capital, Piney River Water & Sewer, and Broadband funds shall adhere to the amounts prescribed by the Board of Supervisors for each department therein unless otherwise authorized by the Board of Supervisors.”
VI. REPORTS, APPOINTMENTS, DIRECTIVES AND CORRESPONDENCE
A. Reports
1. County Administrator’s Report:
“A. DSS Building Project: The invitation for bid was posted and advertised on May 16, 2025, a mandatory pre-bid conference was held on May 28, 2025 with 20 contractors/subcontractors in attendance. PMA will be issuing addendum #1 this week that includes the sign-in sheet and provides answers to questions taken at the pre-bid and those received since then. Questions will be taken up to 5 days prior to when bids are due (June 21st). Bids are due at 2pm on June 26th and will be publicly opened, read aloud, and recorded at 2pm June 27th. I will circulate addendum #1 to the Board once received and we will post this to the IFB announcement on the County’s RFP & Invitations to Bid webpage on the County’s website.
B. County/NCSA Work Group Meeting: The first work group meeting consisting of C. McGarry, A. Spivey, G. Mawyer, J. Ligon, D. Parr, G. Miller, J. Fitzgerald, R. McSwain, and D. Hight is scheduled for June 11th.
C. Region 2000 Services Authority: The Authority held a continued meeting on May 28th to review the employee retention/compensation study and voted to implement most of the options with some revisions. Authority staff will bring back the fiscal impacts of the approved retention plan at the June 25th meeting, however the FY26 Member tipping fee is expected to be $33.86/T or less. A public hearing on advertised tipping fee rates of $35.44/T – Member Rate Disposal and $45.44/T – Market Rate Disposal will be held at the regular June 25, 2025 Authority meeting, followed by review and consideration of the revised proposed budget, including the approved retention plan and the proposed Member and Market Rate tipping fees supporting that budget, and then adoption of those tipping fees. There should be no adverse impact to the County’s FY26 budget as a result of Authority action on its Member rates.
D. Regional Water Supply Planning: The CVPDC membership voted to authorize CVPDC to take the lead on Regional Water Supply planning activities on behalf of the Middle James River 2 Regional Planning Unit (RPU). They will be applying for initial DEQ grant funding in September to be used for updating member data and also applying for Virginia Department of Emergency Management funding for the overall Supply Plan update. In the next couple of months, the County will be asked to approve resolutions related to our participation in these activities.
E. Regional Jail Renovation & Expansion Project: ACRJ has postponed its presentation to Nelson County and request for bond issuance approval until the July 8th regular Board meeting. Construction bids were returned higher than the project budget and ACRJ staff is currently working with the apparent low bidder of $54 Million to bring the project costs to within the $39 Million budget. The reduced scope of work will focus on improvements of the 1975 portions of the facility. More details will be provided at the June 12th ACRJ meeting.
F. Commonwealth Transportation Board Six-Year Improvement Plan (SYIP): The final Draft 2026 SYIP and budget will be presented to the CTB for approval on June 17, 2025. The Lynchburg District VDOT office is recommending $82.4 Million in project requests, with the second highest scoring project being a proposed $12.7 Million roundabout at Route 151 and Tanbark Drive in Nelson County. (See attached)
G. Regional Digital Inclusion Planning Grant: In July of 2024, the County along with the Counties of Albemarle, Louisa, Fluvanna, Greene, and City of Charlottesville applied for and received $150,000 in Regional DHCD Planning Grant funding, managed by Albemarle County, to develop a plan for extending broadband infrastructure to remaining unserved locations without a funded solution for connectivity and to design programs to meaningfully address broadband affordability, and adoption. The Regional planning effort found that to meet the goals of citizens using the internet for work and to earn income, more opportunity was needed across the participating localities, to increase digital skills and improve access to the devices that best suited those goals. The draft plan is expected to be circulated to participating localities at the end of the month. At the end of April, Albemarle County’s Broadband Accessibility and Affordability Office staff submitted an application for funding from the Digital Equity Act that would have supported community partners, such as Nelson, in digital inclusion work and the expansion of the digital navigator program. In early May, NTIA, manager of the Digital Equity Act funding, was directed to cancel all grants/funding associated with this program. In June NTIA issued new guidance on the Broadband, Equity, Access, and Deployment program funding that provided for $1.48 Billion in funding to Virginia. According to Albemarle staff, Virginia has predicted that it would spend approximately $900 Million to connect 100,000 remaining locations, leaving upwards of $500 Million that could be used for digital inclusion programs. This guidance, according to the Albemarle staff’s email (see attached), puts in question the possible uses of these remaining funds and likely prohibits any programming that would have been allowed under the Digital Equity Act. A group called the National Digital Inclusion Alliance, is seeking letters to the US Secretary of Commerce and Acting Administrator of NTIA asking for reinstatement of the Digital Equity Act. (draft letter attached). Please advise if the Board supports the County signing onto this letter campaign. (The Board reached consensus to sign on to the letter)
H. County Office Space Needs Data: As requested, the space needs data collected to date has been circulated to the Board. (Supervisor Reed requested that Ms. McGarry schedule the earliest possible meeting (preferably July, regarding office space)
I. Meals and Lodging Tax Collection & Lodging Entity Tracking: See Attached Charts - # of Lodging Units is 826, up from 824 in the previous report.
J. Staff Reports: Department and office reports for May/June have been provided.”
Board Reports:
Jesse Rutherford: TJPDC met and redid their board. They expect to receive intense housing numbers data in the near future. Lovingston Village Board is creating banners which will include the previously approved logo and getting entrance signs at either end of the Village. Lovingston has acquired some new businesses.
Ernie Reed: attended a JABA meeting. JABA is doing great. He attended a drug recovery court. They have three graduates, two referrals , and four people currently enrolled The program is now considered area wide as a success and roll model for other programs.
David Parr: agreed with Supervisor Ligon felt that more integration should be incorporated into the Planning Commission, Economic Development Agency, and the Board of Supervisors. The EMS council meeting resulted in the request for the $40,000 loan dealt with above. He had no update on DSS.
Jessica Ligon: Planning Commission did not meet. Supervisors Ligon and Rutherford graduated Planning Commission school as did two other members of the planning commission. Supervisor Rutherford advised all of the Board attend. She thinks that comp plans should be revised in an ongoing fashion, with the incremental dollars and cents values (and other measures of success or failure) as a result of changes from the comp plan to the Board.
B. Appointments: The current vacancies , job descriptions and duties as well as the applications can be found beginning at page 255 of the Board of Supervisors’ packet on the Nelson County website https://www.nelsoncounty-va.gov/government/board-of-supervisors/ . and click on the county calendar for June 10, 2025. The Board reappointed Dian McNaught for Jaunt.
C. Correspondence: Supervisor Rutherford was unaware whether Schuyler water situation had been resolved and is going to email Jennifer to find out.
D. Directives: None
VII. THE BOARD MOVED INTO CLOSED SESSION PURSUANT TO §2.2-3711(A)(1) REGARDING A PERSONNEL MATTER.
VIII. OTHER BUSINESS (AS PRESENTED): None
IX. THE MEETING WAS ADJOURNED & CONTINUED TO JUNE 25, 2025 AT 5:00 P.M. FOR A JOINT WORK SESSION WITH THE PLANNING COMMISSION: (AN EVENING SESSION WAS NOT CONDUCTED)