May 15, 2006

May 15, 2006
Virginia:

AT AN ADJOURNED MEETING of the Nelson County Board of Supervisors (from May 11, 2006) at 6:00 p.m. in the Board Room located in the Nelson County Courthouse.

Present:    Harry S. Harris, Chairman
Thomas H. Bruguiere, Vice-Chairman
Constance Brennan, Central District Supervisor
Allen Hale, East District Supervisor
Thomas D. Harvey, North District Supervisor
Stephen A. Carter, Clerk
Debra K. McCann, Director of Finance and Human Resources
Candy McGarry, Finance and Human Resources Technician
Linda Staton, Finance and Human Resources Technician

I.    Call to Order

Mr. Harris called the meeting to order at 6:10 p.m. with all members present to establish a quorum for the scheduled work session.


II.    Work Session on Fiscal Year 2006-2007 Budget

The Board of Supervisors continued work on Nelson County’s Fiscal Year 2006-2007 Budget with the initial focus of discussion being the allocation of local funding to the Nelson County School Division.  Staff reported, as had been previously requested by the Board at the May 11 budget work session, on the cost of a four percent increase (three percent cost of living and one percent classification step increase) in compensation (salary and benefits) for all school division employees, noting that the response on this question, as received from school division administration, would require additional ($60,859.10), not less, as was anticipated, local funding than currently established in the division’s budget proposal.  Staff also advised the Board that the school division reported expenses totaling $307,490 for new initiatives either not currently in place or required by state Standards of Quality and that the division’s response indicated four new positions, two of which are required by the state Standards of Quality, included in its FY 06-07 Budget albeit the expense of the four positions was not enumerated in the division’s response.  

At this point the Board of Supervisors reviewed the increase in local funding to the school division in FY 04-05 ($400,000) and FY 05-06 ($500,461) in relation to the staff’s proposed increase for FY 06-07 of $605,422 (7.2%) and the school division’s requested increase of $1,737,323, which is 20.31% above that allocated to the division in the current fiscal year (05-06).    Ms. McCann stated that the proposed operational funding does not include proposed outlays to the division of $3.3 million in debt service costs, $51,000 in increased capital funding, a 4% increase in the school nursing program and $75,000 in funding for new bus purchases.  

Following much discussion, the consensus of the Board of Supervisors was to allocate $9,210,281 in local funding to the school division, representing the $605,422 proposed allocation and the addition of $200,000 in proposed capital funding, now to be utilized for operations, for a total increase of $805,422 (9.6%) in local funding not including the debt service, school nursing program and school bus purchase allocations, which will remain at the amounts currently proposed.  Discussion also included possible further consideration of additional local funding should there be a greater carry over amount at the end of the current fiscal year than presently anticipated.  And, in summary comments, the general consensus of the Board of Supervisors was the school division’s request for increased local funding for a “needs based budget” was neither realistic or sustainable in relation to the annual growth in local revenues and, the use of capital funding, which is one-time carry over monies, for operations is not a good practice.    

Thereafter, Ms. McCann overviewed the balance of proposed revenue and expenditure levels for each of the fund groups (E911, Debt Service, Capital, Piney River Operations and Project, Service Districts and CDBG) contained in the FY 06-07 Budget proposal in addition to the General Fund budget.  The Board acknowledged this information and then proceeded into a discussion of budget adjustments in the General Fund proposal, which resulted in the following changes:  addition of $27,463 to the local Emergency Services Council for a total allocation of $489,457; reduction of $8,000 to the Sheriffs department budget, removing funding for the purchase of covert intelligence equipment, an increase to $221,776 in total local funding to the Jefferson-Madison Regional Library, and a total outlay of $83,855 to the Jefferson Area Board on Aging.  The Board then directed staff to make such adjustments as may be necessary to address any overall budgetary shortfall resulting from these changes.  The Board also directed staff to develop and submit proposed changes (increases) in local fees charged for services, to offset to the extent possible local subsidizing of costs that are of direct benefit to individual citizens such as zoning applications, erosion and sedimentation permits, etc.

The Board of Supervisors then conferred with County staff on the scheduling of the public hearing on the proposed FY 06-07 Budget with the consensus being to conduct the public hearing at 7:30 p.m. on June 5, 2006 in the Circuit Courtroom within the Courthouse facility and that staff proceed with the advertisement of the budgetary public hearing.

III.     Other Business

(Consideration of Other Business by the Board of Supervisors preceded Item II. Work Session on Fiscal Year 2006-2007 Budget)


A.  Resolution:  General Reassessment in Nelson County – Establishment of Five, Then Four Year, Thereafter, Reassessment Cycle(s)

On motion by Ms. Brennan, seconded by Mr. Hale, the Board of Supervisors unanimously (5-0) approved by roll call vote a resolution to shorten the cycle for completion of general reassessment of real estate in Nelson County, as follows:

RESOLUTION
NELSON COUNTY BOARD OF SUPERVISORS
GENERAL REASSESSMENT IN NELSON COUNTY, VIRGINIA
ESTABLISHMENT OF FIVE YEAR, THEN FOUR YEAR, THEREAFTER,
REASSESSMENT CYCLE(S)

WHEREAS, Article X, §2 of Constitution of Virginia provides for all assessments of real estate property to be at fair market values, “to be ascertained as prescribed by law”; and §58.1-3252 (In Counties) of Article 5 (Reassessment/Assessment Cycles) within Title 58.1 (Taxation) of the Code of Virginia, 1950 establishes:  “There shall be a general reassessment of real estate every four (4) years.  Any County which, however, has a total population of 50,000 or less may elect by a majority vote of its board of supervisors to conduct its general reassessment at either five-year or six-year intervals”; and,

WHEREAS, §58.1-3254 (Reassessment by direction of governing body) of said Article 5 within said Title 58.1 of the Code of Virginia, 1950 further establishes:  “Notwithstanding any other provisions of this article to the contrary, there may be a general reassessment of real estate in any county or city in any year if the governing body so directs by a majority of all the members thereof, by a recorded yea and nay vote.  If such general reassessment is conducted, further reassessments shall be required only every fourth year thereafter for counties, or every second year thereafter for cities notwithstanding the provisions of §58.1-3250 and §58.1-3252 to the contrary”; and,

WHEREAS, heretofore, Nelson County has utilized a six-year interval for completion of said County’s general reassessment of real estate; and the Nelson County Board of Supervisors now finds that a four year interval for completion of Nelson County’s general reassessment of real estate will provide a more equitable distribution of the real estate tax responsibility for owners of real property in said County; and,

WHEREAS, it is the intent, herewith, of said Board of Supervisors to establish a four year interval for completion of Nelson County’s general reassessment of real estate by first transitioning to a five year interval in lieu of the present six year interval and, thereafter, to utilize a four year interval..

NOW, THEREFORE, BE IT RESOLVED by the Nelson County Board of Supervisors that a five year interval for completion of Nelson County’s general reassessment of real estate is hereby established with the ensuing general reassessment of real estate to be effective on January 1, 2008 and subsequent to the general reassessment of real estate to

be effective on January 1, 2008 there is hereby established a four year interval for completion of Nelson County’s general reassessment of real estate such that the effective date of the general reassessment of real estate in Nelson County subsequent to January 1, 2008 shall be January 1, 2012.

BE IT FURTHER RESOLVED by the Nelson County Board of Supervisors that there shall be a general reassessment of real estate in Nelson County every four years subsequent to the general reassessment of real estate effective on January 1, 2012.

B.  Resolution:  Authorization to Continue Participation in Region 2000 Solid Waste Management Initiative

On motion by Ms. Brennan, seconded by Mr. Bruguiere, the Board of Supervisors unanimously (5-0) approved a resolution to continue Nelson County’s participation in the Region 2000 Local Government Commission’s regional solid waste initiative, as follows:

RESOLUTION
NELSON COUNTY BOARD OF SUPERVISORS
AUTHORIZATION TO CONTINUE PARTICIPATION IN REGION 2000 SOLID WASTE MANAGEMENT INITIATIVE

Whereas, the County of Nelson has actively participated in the Regional Solid Waste Management Initiative sponsored by the Virginia’s Region 2000 Partnership Local Government Council in conjunction with the Counties of Amherst, Campbell, and Nelson, and the Cities of Bedford and Lynchburg; and

Whereas, the Regional solid waste Management Initiative has undertaken an initial Regional Solid Waste Management Analysis, completed in April 2005, and a Regional Solid Waste Management Financial, Operational, and Regulatory Analysis, completed in May 2006; and

Whereas, both analyses describe a potential regional solid waste management structure that is financially advantageous and operationally sound; and

Whereas, the next phase of the Regional Solid Waste Management Initiative is implementing the recommendations of the Regional Solid Waste Management Financial, Operational, and Regulatory Analysis to form the regional solid waste management entity; and

Whereas, the Implementation Phase will involve significant effort to negotiate with DEQ, designate a solid waste management region, prepare a revised solid waste management plan, develop a detailed proof of concept technical proposal and transition plan, secure solid waste permit amendments, legally establish the regional entity, and hire initial staff; and

Whereas, this activity will require a significant commitment of both staff time and financial resources, with a timeframe for the implementation expected to take approximately three years.

Now therefore, the Nelson County Board of Supervisors does hereby support the concept of implementing the Regional Solid Waste Management Initiative and directs Nelson County staff to continue efforts to successfully form the regional solid waste management entity.

And furthermore, does authorize its County Administrator to sign any documents necessary for this effort short of the formal establishment of the entity.

C.  Resolution:  Addition of Management Analyst/Deputy Clerk Job Description to
      Position Classification Plan

This item was passed by and not considered by the Board of Supervisors.

IV.     Adjournment

On motion by Mr. Harvey, seconded by Mr. Hale, the Board of Supervisors decided unanimously (5-0) by roll call vote to adjourn the meeting and continue it on June 5, 2006 at 7:30 p.m. in the Circuit Courtroom located in the County Courthouse in Lovingston for purpose of a public hearing on Nelson County’s Fiscal Year 2006-2007 Budget, including that of Nelson County’s Public Schools Division, and such other business as the Board may decide to consider.  Mr. Harris then adjourned the meeting at 8:30 p.m.


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