LUNENBURG COUNTY BOARD OF SUPERVISORS GENERAL DISTRICT COURTROOM LUNENBURG COURTS BUILDING LUNENBURG, VIRGINIA Minutes of February 13, 2025 Meeting The regular meeting of the Lunenburg County Board of Supervisors was held on Thursday, February 13, 2025 at 6:00 pm in the General District Courtroom, Lunenburg Courts Building, Lunenburg, Virginia. The following members were present: Supervisors T. Wayne Hoover, Alvester Edmonds, Greg Currin, Frank W. Bacon, Mike Hankins, Edward Pennington, Robert Zava, County Administrator Tracy M. Gee, Deputy County Administrator Nicole Clark, and County Attorney Frank Rennie. Chairman Edmonds called the regular meeting of the Board of Supervisors to order. Chairman Hoover led the Pledge of Allegiance and gave the invocation. Chairman Edmonds requested additions to the agenda from the Board and the public. County Attorney Rennie requested that the Circuit Court Clerk Fee Schedule be added as 11C. Chairman Edmonds called for any conflicts of interest from any board members. There were none. Chairman Edmonds called for anyone wishing to speak under Citizen Comment. There were none. Supervisor Pennington made motion, seconded by Supervisor Hankins, and unanimously approved, to accept the Consent Agenda to include the minutes of the January 9, 2025 Meeting, the Treasurer's December 2024 reports and the following Warrants for Approval: January 2025: Payroll: Direct Deposit $ 211,323.68 Payroll Check #2081-2085 $ 4,544.16 Payroll Taxes Federal: $ 67,937.41 Payroll Taxes State: $ 12,991.55 ACH Payroll Payments: $ 88,808.56 Accounts Payable WIRE payments: $ 30,356.66 Accounts Payable: #86105-86216 $ 497,158.68 Total: $ 913,120.70 Mrs. Jessica Nowlin provided the monthly school report. She reviewed the financial reports. She advised that currently the ADM was at 1,484. There were 133 students being home schooled and 32 children claiming religious exemptions. She advised that the final ADM count would be due to the state by March 31s. She shared six resolutions from the School Board and requested the Board's approval. The resolutions address appropriations that include grant carry over, newly acquired grants and construction funds totaling $4,489,676. Mrs. Nowlin requested the Lunenburg County Board of Supervisors appropriate the additional $4,489,676 to the FY2025 School Board Budget. The revised total budget would increase from $27,562.297 to $31,741,481. 1 Supplemental Appropriation FY2025 #2 (Appropriation of Local and State Funds for Central High School Renovation Project) WHEREAS the Commonwealth ofVirginia transmitted $1,439,108 to Lunenburg Public County Schools in FY23 for use in a school construction project and the Board of Supervisors authorized the FY22 unexpended local funds in the amount of $313,715 to be used for the same construction project: and WHEREAS these funds were transferred to a specific School Construction Fund for future use and the Central High School Renovation is underway: and WHEREAS these funds need to be appropriated to the School Board Budget in Fund 1, (County Fund 250), with the $313,715 being included in the County's Required Local Effort and Match calculation for FY25; NOW THEREFORE BE IT RESOLVED that the Lunenburg County School Board respectiully request the Lunenburg County Board ofSupervisors appropriate the additional $1,439,108, State Funds, and reappropriate the $313,715, Local Funds, to the FY2025 School Board Budget. The revised total budget will increase from $28,146,927 to $29,899,750. Supervisor Hoover made motion, seconded by Supervisor Hankins, and unanimously approved, to approve Supplemental Appropriation FY2025 #1. Administrator Gee shared that the six supplemental appropriations total more than one percent of the total county budget and will require a public hearing before approval. She advised that Supplemental Appropriation #2 regarding transmitting $1,439,108 in state funds for use in a school construction project and unexpended local funds in the amount of $313,715 was already in the approved budget. Therefore, action could be taken on the request. Supervisor Hoover made motion, seconded by Supervisor Pennington, and unanimously approved, to approve Supplemental Appropriation FY2025 #2. Supervisor Hoover made motion, seconded by Supervisor Pennington, and unanimously approved, to advertise for public hearing Supplemental Appropriations FY2025 #3, #4, #5 and #6. Supervisor Hoover made motion, seconded by Supervisor Bacon, and unanimously approved, to rescind the motion to approve Supplemental Appropriation FY2025 #1 and motion to advertise for public hearing for Supplemental Appropriation FY2025 #1. Supervisor Hoover stated that the second meeting of the Board of Supervisors Finance Committee and the School Finance team had occurred. He added that open communication and transparency helped the Finance Committee be more informed coming into the budget season this year. Mr. Kevin Smith of VDOT, provided the monthly report. He advised that crews had been in snow mode fori the past few weeks. Crews have also been repairing and patching potholes. He shared that ten employees were going to Christiansburg for several days to help restore roads damaged in recent storms. Mr. Smith stated that he would need to meet with the Transportation Committee soon to discuss the Secondary Six Year Plan. The projected budget is $576,000 and will allow for two and a half miles of paved road. He would like to hold the public hearing in May. Mr. Smith explained that there would be a public hearing in March for an abandonment of a portion of Hickory Road. Chairman Edmonds stated that he had been advised of several new large pot holes on Oral Oaks Road near the old bus shop. He added that the asphalt was recently repaved. Mr. Smith stated that the contractor will be coming back to fix the pot holes once the asphalt plant re-opens. Administrator Gee shared expenses from the repairs and renovations to the Tax Office. The insurance claim proceeds totaled $67,970.60 and the expenses totaled $98,239.96. Approximately $22,500 was spent on remediation and maintenance to avoid further flooding issues and renovation costs not covered byi insurance. Administrator Gee stated that the additional amount was paid from capital improvement expense. She requested that the board increase the revenue for insurance proceeds and capital improvement expense line item by $67,970.60 to offset the expenses for the claim. Supervisor Bacon made motion, seconded by Supervisor Hoover, and unanimously approved, to increase the revenue for insurance proceeds and capital improvement expense line item by $67,970.60 to offset the expenses for the Tax Office insurance claim. Administrator Gee shared a request from the Sheriff's Office to accept funds in the amount of $4,656.80 representing a contract payoff for a deputy who did not complete their five-year contract. She requested that the funds be placed in the Sheriff's Office capital improvement expense line item. Supervisor Hankins made motion, seconded by Supervisor Hoover, and unanimously approved, to accept and appropriate funds in the amount of $4,656.80 representing a contract payoff for a deputy and place them in the Sheriff's S Office capital improvement expense line item. Administrator Gee shared another request from the Sheriff's Office to accept and appropriate $4,728.66 in funds from the Compensation Board in vacancy savings for the Sheriff' s Office, with $2,055 to be placed in the Dues expense line item and $2,673.66 in the Travel expense line item. Supervisor Hankins made motion, seconded by Supervisor Hoover, and unanimously approved, to accept and appropriate funds in the amount of $4,728.66 in funds from the Compensation Board in vacancy savings for the Sheriff's Office, with $2,055 to be placed in the Dues expense line item and $2,673.66 in the Travel expense line item. General Registrar Alissa Baldwin shared a need to updated the electronic voting system, tabulator and scanner for each voting precint. She is in the process of obtaining quotes for the Board to review and consider during the budget planning process. She shared two quotes; one from the current vendor, Election Systems & Software and one from Hart Intercivic. Ms. Baldwin is awaiting the third quote. She advised that the current vendor is the low bidder and the Electoral Board is satisfied with the service. The total cost of the project will be just under $200,000 and will need to be included in the FY2026 budget. Ms. Baldwin introduced recently hired Deputy Registrar Glynda Branch to the Board. Ms. McKinley Perkinson of BrightSpeed requested the Board consider approving a letter of support for their Broadband Equity, Access and Deployment grant application. She shared a oresentation detailing their plans for bringing broadband internet to the County. Supervisor Bacon made motion, seconded by Supervisor Hoover, and unanimously approved, to allow the Chairman to sign a letter of support for BrightSpeed to include with their application for Broadband Equity, Access and Deployment grant funding to expand broadband access in the County. 3 Supervisor Hoover made motion, seconded by Supervisor Zava, with six Supervisors voting yes and Supervisor Bacon abstaining, to appoint Mr. Christopher Bacon to the Board of Zoning Appeals for a term of five years to expire June 30, 2029. Administrator Gee provided her monthly report. She shared that she met with the Department of Avaition earlier in the day to discuss the captial improvement plan for the airport. She advised that the March Board of Supervisors meeting will include three public hearings, one will be, joint with the Planning Commission to review the Joint Comprehensive Plan, one will be regarding the abandonment of a portion of Hickory Road, and the third will be regarding the School Board's supplemental appropriations. Administrator Gee advised that the Finance Committee met prior to the Board meeting. They discussed that any change in tax rate for the current calendar year would need to be determined by the March meeting in order to advertise for April public hearing and print tax bills on time. The Finance Committee will also be discussing and determining recipients of the Meridian Waste community donations. County Attorney Rennie stated that the Board had requested he formulate a resoltuion opposing solar facilities legislature. He advised that there were two bills that were being proposed which would set up a board at the state level to review all solar applications for the state. He added that both bills were defeated. However, this resolution would cover any form of legislation that would take the decision away from the local governing body. RESOLUTION OF THE LUNENBURG COUNTY BOARD OF SUPERVISORS OPPOSING PROPOSED SOLAR LEGISLATION WHEREAS, Lunenburg County is a locality in Southside Virginia where private property and land use rights are zealously guarded; where citizens have a strong voicei in the use of property within the County; where, after many public meetings and input sessions, the County and towns of] Kenbridge and Victoria adopted a. Joint Comprehensive Plan in ordert to establish a land use consensus for thei future oft the County; and WHEREAS, solar development was incorporated into the Joint Comprehensive Plan to promote the environmental benefits of renewable energy and at the same time recognize the desire of Lunenburg citizens to maintain a bucolic atmosphere throughout the county; and WHEREAS, Lunenburg County has adopted a solar ordinance, solar policies, and guidelines for the planned development ofs solar facilities throughout the county; and WHEREAS, Lunenburg County citizens, its Administration, Planning Commission, and Board of Supervisors are in favor of organized, planned and efficient solar development that takes into consideration the approved plans for growth and economic development that benefit all county citizens; and WHEREAS, several utility scale solar projects and Conditional Use Permits have been approved by the Planning Commission and Board of Supervisors and construction of local solar facilities have been completed, with more facilities to commence construction in the near future; and WHEREAS, the Virginia Legislature is considering legislation which will allow solar developers to disregard the County's Comprehensive Plan and solar ordinance, and bypass the County's Planning Commission and Board of Supervisors in siting their solar facilities; and WHEREAS, proposed legislation would create a committee ofstate employees to advise and instruct localities regarding the: siting of utility scale solar projects; and override local comprehensive plans and zoning ordinances in siting solar facilities throughout the Commonwealth; and WHEREAS, by the state adding new mandates to regulate Lunenburg's land use decisions, the legislature ignores the long established legal principle that localities know best the manner for property development and utilization within their community; and WHEREAS, by directing rural localities as to the size, makeup and location of solar facilities, the legislation disproportionately impacts Southside Virginia and effectively requires counties to permit unlimited solar development, regardless of the cumulative impact of such facilities throughout the County. NOW' THEREFORE, BE IT RESOLVED, that the Lunenburg County Board of Supervisors hereby urge the Virginia House of Delegates, Senate, and Governor to oppose the passage of any bill that interferes with the rights of a locality to determine the best use of property located therein or that legislates the size, character, and placement of solar facilities within the County; and that a copy of this resolution be provided to the delegate and senator representing Lunenburg County and to the Governor ofVirginia. 4 Supervisor Bacon made motion, seconded by Supervisor Zava, and by roll call vote, with all seven supervisors voting yes, to authorize the Chairman to sign the resolution opposing any form of legislation that would take the decision regarding a solar facility away from the local governing body. County Attorney Rennie advised that committees had been working on the. Joint Comprehensive Plan and solar ordinance updates for the past seven to eight month. He noted that the Joint Comprehensive Plan was ready for review by both Towns and their Planning Commissions. The Board of Supervisors and the County Planning Commission would hold a joint public hearing at the March meeting. County Attorney Rennie added that once the Joint Comprehensive Plan was reviewed and approved, the solar facilities committee could review the solar facilities ordinance. Once the committee has a recommendation for the Board a public hearing would be needed before approving. Supervisor Hankins made motion, seconded by Supervisor Pennington, and unanimously approved, to approve a resolution adopting the updated Circuit Court Clerk's Fee Schedule. Resolution to Adopt Updated Circuit Court Clerk Fee Schedule WHEREAS, the Lunenburg County Circuit Court is authorized to adopt the fines and fees schedule for transactions from the Department of Judicial Services; and WHEREAS, the Lunenburg County Circuit Court previously requested the Board of Supervisors to adopt an ordinance authorizing the use of the Circuit Court Fee Schedule and the Board of Supervisors conducted a public hearing and adopted ordinance 34-2 of the Lunenburg County Code of Ordinances effective July 1, 2020, which was updated June 9, 2022; and WHEREAS, the Department of Judicial Services periodically revises the Circuit Court Fee Schedule; and WHEREAS, the Lunenburg County Circuit Court requests the Board of Supervisors adopt, by resolution, the updated Circuit Court Fee Schedule issued February, 2025; and WHEREAS, the Board of Supervisors recognizes the updated Circuit Court Fee Schedule. NOW, THEREFORE BE IT RESOLVED that the Lunenburg County Board of Supervisors adopts the Circuit Court Fee Schedule, updated February, 2025, to accompany Lunenburg County Code ofOrdinances, Section 34-2. Supervisor Hoover made motion, seconded by Supervisor Bacon, and unanimously approved, to enter Closed Session citing Virginia Code Section 92.2-3711A1 Personnel for consideration of the annual evaluation for the County Administrator. Supervisor Bacon made motion, seconded by Supervisor Pennington and unanimously approved, to reconvene in Open Session following Closed Session. CERTIFICATION OF CLOSED SESSION MEETING 5 WHEREAS, the Board of Supervisors of Lunenburg County, Virginia ("Board") convened a Closed Session Meeting on this date pursuant to an affirmative recorded vote in accordance with the provisions of the Freedom of Information Act; and WHEREAS, Section $2.2-3712 of the Code of Virginia, 1950, as amended, requires a certification by the Board that such Closed Meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED that the Board hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in the Closed Meeting to which this certification resolution applies, and (i) only such public business matters as were identified in the motion convening the Closed Meeting were heard, discussed or considered by the Board. VOTING YES VOTING NO ABSENT Supervisor Bacon Supervisor Currin Supervisor Edmonds Supervisor Hankins Supervisor Hoover Supervisor Pennington Supervisor Zava Supervisor Bacon made motion, seconded by Supervisor Hankins, and unanimously approved, to adjourn. ihot 92 Omn& Ohagnkiee Tracy M. Gee, CleR Alvester L. Edmonds, Chairman County Administrator Board of Supervisors 6