Board of Supervisors: March 28, 2007

March 28, 2007

Virginia:

AT A CONTINUED MEETING of the Nelson County Board of Supervisors at 5:00
P. M. in the Board of Supervisors Room at the Courthouse, Lovingston Virginia.

Present:     Thomas H. Bruguiere, Jr., Chair
       Thomas D. Harvey, North District Supervisor
Harry S. Harris, South District Supervisor
       Constance Brennan, Central District Supervisor
       Stephen A. Carter, County Administrator
       Candice W. McGarry, Administrative Assistant/Deputy Clerk
       Debbie McCann, Director of Finance & Human Resources


I.   Call to Order

Mr. Bruguiere, Chair, called the continued meeting to order at 5:08 P.M. with four members present to establish a quorum and Mr. Hale being absent.


II.   Consent Agenda

Mr. Harris moved to approve the consent agenda and Ms. Brennan seconded the motion. The Board discussed the continuous request for jackets for championship teams at NCHS. The consensus of the Board was to have the School Board develop a recommendation for how future jacket requests should be handled. Following discussion, Supervisors voted unanimously (4-0) to approve the motion and the following Resolutions were approved:

RESOLUTION-R2007-0030

NELSON COUNTY BOARD OF SUPERVISORS

APPROVAL OF MEETING MINUTES

(March 5, 2007 and March 19, 2007)

RESOLVED, by the Nelson County Board of Supervisors that the minutes of said Board’s meetings conducted on March 5, 2007 and March 19, 2007 be and hereby are approved and authorized for entry into the official record of the Board of Supervisors meetings.

Approved: March 28, 2007   Attest: ________________________, Clerk,
               Nelson County Board of Supervisors

R-2007-031

NELSON COUNTY BOARD OF SUPERVISORS

A RESOLUTION AUTHORIZING THE PARTICIPATION IN A REGIONAL GRANT APPLICATION FOR WATER SUPPLY PLANNING FUNDS FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY

WHEREAS, the Virginia General Assembly has mandated the development of source water supply plans throughout the Commonwealth and the State Water Control Board has developed regulations to implement this planning process, and

WHEREAS, based upon these regulations, Nelson County is required to complete a water supply plan that fulfills these regulations by November 2, 2009, and

WHEREAS, all local or regional water supply program must include a variety of elements including:

•   An assessment of projected water demand in accordance with the requirements of 9 VAC 25-780-100
•   A description of water management actions in accordance with the requirements of 9 VAC 25-800-110 and 9 VAC 780-120, and

WHEREAS, the Virginia Department of Environmental Quality has announced the availability of grant funds to assist localities offset some of the costs related to the development of these plans and are encouraging localities to submit applications for grant funds using regional water supply plans, and

WHEREAS, Nelson County has recently participated in regional water supply planning with Region 2000 and neighboring jurisdictions and service authorities, and

WHEREAS, the region, through the Virginia’s Region 2000 Local Government Council, desires to secure DEQ grant funds to help offset the cost of the plan’s development and the Virginia’s Region 2000 Local Government Council has offered to coordinate the grant process.

NOW THEREFORE BE IT RESOLVED that the Virginia’s Region 2000 Local Government Council is authorized to develop an application for source water planning grant funds to offset to the extent feasible the cost of developing said regional water supply plan.

BE IT FURTHER RESOLVED that the Virginia’s Region 2000 Local Government Council Executive Director is authorized to sign the DEQ grant contract and other appropriate documents related to the regional source water planning grant, and

BE IT FINALLY RESOLVED that Nelson County intends to provide up to $1,647 in matching funds for the project for work performed to meet the requirements of the regional water supply planning grant effort.

Approved:   March 28, 2007       Attest: ________________________, Clerk
                           Nelson County Board of Supervisors

RESOLUTION-R2007-032

NELSON COUNTY BOARD OF SUPERVISORS

FUNDING OF JACKETS FOR CHAMPISONSHIP TEAMS

NELSON COUNTY HIGH SCHOOL

RESOLVED, by the Nelson County Board of Supervisors that the amount of $585.00 be and hereby is approved for disbursement from Nelson County’s Fiscal Year 2006-2007 Budget to provide for the purchase of jackets in recognition of championship teams at Nelson County High School as follows:

Allocation               Purpose

$ 585.00   Nelson High School – Golf Team, Dogwood District Champions (2006)



BE IT FURTHER RESOLVED, by the Nelson County Board of Supervisors that said Board herewith recognizes and commends championship teams for their exceptional accomplishments and outstanding representation of Nelson County.

Approved: March 28, 2007           Attest: ________________________, Clerk
                               Nelson County Board of Supervisors

The Chairman then asked for consensus to change the order of the Agenda to consider the Resolution proposed under Other Business prior to taking up the FY08 Budget. The Board agreed and Other Business was considered.

III.   Other Business

Mr. Carter gave an overview of the proposed resolution R2007-033 that would authorize the execution of USDA-RD loan documents pertaining to the Piney River III project. He noted that the execution of the listed documents was necessary in order to receive the Rural Development funding. He noted there were two sets of each document; one set each for water and sewer.

Mr. Harris moved to approve R2007-033 authorizing the execution of loan and/or grant documents for the Piney River III project. Mr. Harvey seconded the motion and Supervisors voted unanimously (4-0) to approve the motion and the following Resolution was approved:
RUS Bulletin 1780-6

R2007-033
RESOLUTION AUTHORIZING EXECUTION OF
LOAN AND/OR GRANT DOCUMENTS

   WHEREAS, the   Nelson County Board of Supervisors      , Nelson County ,
Virginia, has applied for a loan and/or grant from USDA Rural Development;

   NOW, THEREFORE, in order to comply with the requirements of USDA Rural Development,

   BE IT RESOLVED by the   Nelson County Board of Supervisors    that the
Clerk/County Administrator , be authorized to sign and the Clerk/County Administrator, be authorized to attest to and affix the seal, if applicable, to the following documents as shall be required by USDA Rural Development including but not limited to:

1.   Legal Services Agreements
2.   RD 1942-46, Letter of Intent to Meet Conditions
3.   RD 1940-1, Request for Obligation of Funds
4.   RUS Bulletin 1780-12, Water and Waste System Grant Agreement
5.   RUS Bulletin 1780-27, Loan Resolution (Public Bodies)
6.   RD 442-7, Operating Budget (Budget and Projected Cash Flow Approved by Governing Body)

(SEAL)                      Nelson County Board of Supervisors

APPROVED:     March 28, 2007     ATTEST:                                                                 ,
                          Clerk, Nelson County Board of Supervisors

(6-01-06) PN 916
RUS Bulletin 1780-6
Page 2

STATE OF VIRGINIA       )
                   )ss.
COUNTY OF        NELSON               )

   I,         Stephen A. Carter                           , the duly appointed    Clerk      for the

Board of Supervisors , Nelson County , Virginia, hereby certify that the within and

foregoing Resolution (R2007-033) is a true and correct copy of the Resolution duly

passed and adopted by the Board of Supervisors of Nelson County, Virginia, at a

meeting held on the   28th    day of March , 2007, as shown by the official records of the

Minutes kept by me as     Clerk for the Board of Supervisors, Nelson County, Virginia,

of said meeting and of the original Resolution now on file in my office as   Clerk/County

Administrator .

   IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal

of the    Board of Supervisors          , Nelson County, Virginia.

   Dated this   28th    day of      March              , 20 07 .

(SEAL)
                                    Clerk/County Administrator

(6-01-06) PN 916

III.   FY08 Budget Work Session

Ms. McCann distributed a revised General Fund revenue synopsis which showed the FY07 projected revenues as compared to the proposed FY08 budget amount and the related dollar amount and percentage change as follows: Local undedicated funds increased $13,206 or .07%, State undedicated funds increased $203,843 or 69.41% and Federal undedicated funds decreased $27,706 or -48.67%. Total undedicated revenue from all sources increased $189,343 or 0.94%. The undedicated revenue was noted to be discretionary funds available for allocation by the Board.

Ms. McCann also distributed a budget update sheet reflecting new information since the last work session. She noted a revised estimate of the Real Estate Tax yielding $175,138 in additional revenue, State Compensation Board reimbursement estimates yielding $75,000 in additional revenue, and a revised estimate of the Communications Sales & Use Tax yielding a decrease in revenue of $100,000. This revenue source will be monitored by staff for any actual changes from the projected amount. The net revised increase to FY08 revenue estimates is $150,650.

Also noted was an estimated 2% increase or $190,000 in revenue should the Board approve going to a total 5% Transient Occupancy Tax. The subtotal of this added to the revised revenue estimates yields a proposed/revised increase in revenues of $340,650.

The revised FY08 expenditures shown reflect the decision of the Board at the previous meeting to fund the schools at an additional amount of $277,927.

The net affect of these revisions shows an excess of revenue over expenditures of $62,723.

Ms. McCann noted that the State had responded that other localities in the State were in the same position as Nelson, in that they are not receiving the expected amounts in the Communications Sales & Use Tax and although the intent of the legislation is to be revenue neutral to localities, the legislation itself does not guarantee revenue neutrality.

The Board began discussion of increasing the Transient Occupancy Tax. Ms. Brennan made a motion to raise the Transient Occupancy Tax 1% for the FY08 budget year.

Staff noted that a greater percentage increase can be advertised and a lower percentage approved, but a higher percentage than what is advertised cannot be approved. The Board has the option to advertise a maximum 2% increase and decide on a lesser amount after the public hearing.

Ms. Brennan withdrew her original motion and Mr. Harvey moved that the County advertise for public hearing in May, a Transient Occupancy Tax increase of 2%, for a total tax levy of 5%.

There being no second, the Chairman called for discussion. The Board discussed whether or not to raise the Transient Occupancy Tax noting concerns over raising taxes prior to a large increase due to reassessment and conversely that it would be an increase in taxes not typically paid by County residents.

Following discussion, the Chairman called for the vote and Supervisors voted unanimously (4-0) to approve the motion.

It was noted by staff that the public hearing could be done at the May regular meeting or concurrently with the hearing on the budget if ready to do so in May.

The Board then reviewed the expenditure synopsis down to the Buildings & Grounds department, with staff noting reasons for increases or decreases in each department and the Board making no changes to the recommended budget amounts.

The Board discussed next meeting dates and decided to meet on April 4, 2007 at 5 PM for the next budget work session.

IV.   Adjournment

At 7:15 PM, Ms. Brennan moved to adjourn and continue the meeting until the next budget work session scheduled for April 4, 2007 at 5 PM at the Lovingston Courthouse. Mr. Harvey seconded the motion and Supervisors voted unanimously (4-0) to approve the motion.