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New state law may jeopardize some July 4th fireworks shows
Is your city or town preparing to be the host of a Fourth of July celebration that includes fireworks? Or, is your city or town planning some other celebration that will include a fireworks display? If so, state law now requires local governments – or the entity that puts on the fireworks display – to have at least one person who is certified as a pyrotechnician by the Office of the State Fire Marshal.
View the amended fire prevention law: http://bit.ly/hQyRD4In 2010, the General Assembly amended the fire prevention law to require the Board of Housing and Community Development to enact new regulations for pyrotechnician certification. Included is a requirement that any display of fireworks that uses more than minor sparklers, pinwheels and the like (what the law calls “permissible fireworks”) must be done in the presence of a certified pyrotechnician. Those regulations took effect on March 1.
The state fire marshal has published guidance on obtaining a certification in a recent announcement. The announcement contains the details about applying for the certification and has information on the process. The key requirement for becoming certified is for the applicant to prove a history of safe use of fireworks. The applicant must demonstrate that he or she has participated in at least six fireworks displays in the 24 months preceding the application. The displays must involve shooting fireworks that are bigger than the permissible fireworks that anyone may use. In the future, there will be an examination that must be passed, but due to the short time before the summer fireworks season, the history part will be the key – for now.
VML recommends that any locality that is planning to participate in a fireworks display ensure that a pyrotechnician certified by the fire marshal’s office is the one overseeing or shooting the fireworks. If your town or city contracts with a company to put on the display make sure the contractor has the certified person on site and involved during the display. If your local government staff or a volunteer fire company is putting on the show, be sure that an employee or one of the volunteer company members is certified. Violation of the fire code is a Class 1 misdemeanor, which means up to a year in jail and/or a $2,500 fine.
Staff contact: Mark Flynn – mflynn@vml.org or 804-523-8525.
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VML Green Government Challenge enters 4th year
Registration is open for the 2011 Go Green Government Challenge. In the first three years of the friendly competition more 70 VML members have participated with 36 becoming certified “green” governments – earning 100 or more points for instituting specific actions to reduce energy consumption and carbon footprint. Last year the challenge was modified with local governments including the following as part of their submission:
- 8 local governments adopted a “Green Living Challenge” for households and civic associations to promote sustainable living practices;
- 7 local governments adopted a “Green Office Challenge” for commercial property owners and office tenants to promote improved environmental performance of their office operations;
- 5 local governments adopted a “Green Business Challenge” for businesses to promote actions within their organizations to conserve energy and reduce greenhouse gases; and
- 7 local governments adopted tax incentives allowed under Virginia Code for energy efficiency and/or renewable energy related to real estate, buildings, and vehicles that local governments can offer businesses and property owners.
VML members are encouraged to participate and learn how they can engage their civic and business community in promoting sustainable and cost-efficient practices. The challenge is available at www.gogreenva.org and VML members can register now and start accessing the background material with specific links to available resources and examples for all 30 action items. Amassing between 100 and 124 “green points” out of a possible 200 will earn certification as a “Green Government.” In addition, local governments could earn Silver (125-149 points), Gold (150-174 points), and Platinum (175 or more points) levels of certification. VML members have until Sept. 16 to submit their application and be recognized at the annual conference in October.
Staff contact: Joe Lerch – jlerch@vml.org or 804-523-8530.
Local redistricting memo from state causes stir
A memorandum from the Secretary of the Board of Elections has stirred up some consternation among local governments. The March 25 memorandum urges that localities submit redistricting plans by April 29, and that localities also seek expedited preclearance review from the Department of Justice of the local redistricting plans.
The memorandum goes on to say that if primaries for a local, state Senate or state House of Delegates seat are held, new voter identification cards have to be mailed out to voters affected by redistricting by Aug. 8, which is 15 days before the Aug. 23 primary.
The biggest procedural issue is preclearance by the U.S. Department of Justice. Under the Voting Rights Act, any redistricting plan, precinct revision and polling place change must be approved by the Justice Department (unless the locality is one of the 18 in the state that have “bailed out” of this provision). The department has 60 days from the time a complete submission is made to object to the proposed changes.
Cities and towns that have elections in May, or that have at-large elections, will need to determine if changes are needed in precincts or polling places for the state races in the Nov. 8 general election. The state Division of Legislative Services, in its guide to local redistricting, says that cities that are not facing November 2011 elections will want to proceed with redistricting, but may have time to review the district lines for the House of Delegates and Senate, as well as for Congress, before making final election district and precinct line changes. The DLS publication is posted at http://bit.ly/gadBPO.
Counties, except the few that have at-large elections, face an expedited schedule for drawing district lines in time for the Nov. 8 election.
At the state level, the House of Delegates and Senate released redistricting plans on Tuesday, and the Virginia Redistricting Coalition is already raising questions about the criteria used for setting district lines.
The commission, which is made up of a number of civic, business, faith and conservation organizations, supports a population deviation of plus or minus 5 percent, which the coalition believes will allow more political jurisdictions to be kept intact.
The House plan includes districts with population limits within plus or minus 1 percent. The Senate plan is based on population deviations of between plus or minus 2 percent.
VPAP maps Census figures for Va.
The Virginia Public Access Project makes it easier for city planners and officials to visualize U.S. Census data.
The interactive maps at www.VPAP.org are a valuable tool for elected officials and city staff – even those who have studied the latest demographic information in spreadsheet format.
To view your city, visit www.VPAP.org and enter the city name in the search box in the upper right corner. From the city’s landing page, click the “Demographics” tab.
The VPAP maps display Census data down to the voting precinct level. Users can select an ethnic group, and each precinct will be shaded according to percentage of population. The Google maps interface allows easy navigation and zooming. The maps have application for a wide variety of city officials, including planners, school officials and, of course, those responsible for redistricting.
The VPAP maps are dynamic, allowing users to drill down for a wealth of information about each precinct. (Click on any precinct, and an information box will appear. Click on the “Details” link for the precinct profile.) The precinct page provides a six-year history of voting patterns in statewide and legislative races. As voting history is an acceptable criterion in redistricting, VPAP provides city officials the convenience of finding this information on a single page. VPAP can save city election officials the time and trouble of compiling the returns of single precincts across many elections. Caveat: VPAP’s precinct maps date from 2007 and it is possible that some counties have combined or added precincts since that time.
“I hope the presentation and organization of the data are useful to city officials,” said VPAP Executive Director David Poole.
Founded in 1997, the Virginia Public Access Project brings transparency to money in politics. VML is a financial sponsor of VPAP’s innovative efforts to shine light on the political process.
In 2007, VPAP launched its Local Elections Initiative to provide online access to campaign finance reports filed by candidates for local office. VPAP “follows the money” in City Council elections in 13 cities. You can see a list of them by visiting vpap.org/elections. To learn more about how to bring your city online, contact VPAP local elections coordinator Rob Forrest at 804-353-4300 or rforrest@vpap.org.
You can receive email alerts when VPAP has new information about a city election. You can also receive alerts about General Assembly elections, redistricting and other topics. Register at vpap.org/signup. (Registration will not result in spam. VPAP does not sell or rent its list.) You also can follow VPAP on Twitter (twitter.com/vpapupdates) and Facebook (Facebook.com/vpap.org).
Questions regarding Line of Duty, retirement persist
VML has received a number of questions about whether localities have to start paying for Line of Duty Act benefits for their employees starting this July. The answer is yes. Localities are responsible for paying for Line of Duty Act benefits for their employees starting this July. VML has urged Gov. Bob McDonnell to reverse this unfunded mandate, but at this point, localities are on the hook for these payments.
The budget adopted by the General Assembly on Feb. 27 made only one change to the Line of Duty Act program: It delays for a year the deadline by which a locality has to decide whether to pay for its LODA benefits by making contributions to a trust fund to be administered by the Virginia Retirement System, or to pay for the LODA benefits through some other way outside of VRS. Localities will be charged $233.89 per covered employee in FY12. The contribution rate for volunteers will be one quarter of that amount. VRS staff has told VML that localities will be billed annually, in July or August, with the payment due in the fall. Unless the governor proposes amendments to change how the program is funded, localities need to budget for it whether they participate or not in the VRS Trust Fund.
As part of the LODA changes, VRS is required to complete a census of paid and volunteer hazardous duty professionals across the state. VRS sent census packets to eight jurisdictions as a pretest earlier this month, and is planning to send out census packets to other jurisdictions starting this week. Information will be sent to 50 localities at a time, according to VRS staff.
VML also has received questions about the 5 percent member contribution required under state law for retirement. The General Assembly made no changes regarding the 5 percent member contribution for local employees. Localities that have elected to pay that 5 percent contribution on behalf of Plan 1 employees (those hired before July 1, 2010), therefore, have to continue doing so. For Plan 2 employees (those hired after July 1, 2010), these political subdivisions have the option of continuing to pay the 5 percent contribution, or of requiring employees to pay all or any whole percent of that contribution. Again, the governor could propose amendments relating to local retirement options, but VML was not aware of any as this issue of Update went to press.
Education: Doing more with less is today’s (and tomorrow’s) lesson
With fewer state dollars being appropriated for public education and with federal stimulus and Federal Education Job Funds evaporating by September 2012, local school divisions will have to rely even more on self-generated savings and on additional local revenue from their city councils and boards of supervisors.
Here is a snapshot of the issues local elected officials face in budgeting for the next school year.
The Bristol School Board is asking the city to restore local funding to the level of support of three years ago. School division employees, like city workers, have not received pay increases in three years. According to the schools superintendent, the division has lost seven percent of its workforce during the recession. State funding which once made up 34 percent of the school budget has dipped to 29 percent of the budget. The superintendent’s request for more local dollars would cover a step wage increase and a 1 percent cost-of-living hike.
The Lynchburg School Board passed last week an operating budget that will require city council to provide nearly $2 million more from local coffers. The board proposes just more than $1 million for a 1.5 percent salary increase and a net increase of 3.6 full-time positions. School board members are concerned that the city has the lowest starting teacher salaries in the region. School employees have not had a pay raise since 2008.
The Waynesboro School Board passed next year’s budget that includes no staff reductions. In fact, the proposal, which now goes before city council, is about $400,000 more than the current year spending plan. The school superintendent, however, pointed out that the division’s per pupil expenditure continues to fall.
Buoyed by a reduction in state aid that will be $250,000 less than first anticipated, the Staunton School Board passed a new budget that is nearly $2 million larger than the current year’s budget and includes the addition of 5.5 teachers. The budget also reflects spending cuts in travel, supplies, teacher tuition support, and energy use. The school division has cuts its utility costs by 18 to 20 percent a year. And while school district employees have not had a salary increase in three years, full-time employees will receive a one-time bonus later this year. The bonus will amount to either the greater of 3 percent or $750 for full-time employees, and 3 percent or $375 for salaried part-time employees. School board members expressed concern over the amount of future state assistance for public education.
The Hopewell School Board will approve this week its budget proposal for FY12. The assistant schools superintendent described this year’s budget as a “tight, tight budget; for 2012 it is much tighter.” Although the proposal does not include any layoffs, there are plenty of spending cuts in art programs, field trips, club budgets, and computers. School administrators are particularly concerned about the size of an anticipated increase in health insurance costs.
The Newport News school division budget includes a 1 percent raise for all employees. The proposal includes $1.8 million more from the state than originally planned, meaning less federal Education Jobs Fund money was necessary to fill budget gaps. Nonetheless, 62 jobs will be eliminated, mostly through attrition.
The proposed Hampton school budget includes a 1 percent raise for full- and part-time staff in July and a 2 percent bonus for all employees in December. The December bonus would be paid from federal Education Jobs money. The proposal cuts 106 positions, resulting in 39 layoffs. Another 45 positions will be covered b y federal dollars through June 2012. The proposal faces a $3.9 million budget gap because of a $2.6 million increase owed to the state retirement system and the $1.3 million needed for the 1 percent raise. To close the budget gap, the board is considering cuts in employer-paid dental and disability insurance. The board would also drop insurance coverage for the spouses of school employees if the spouses are eligible for coverage through their own jobs. Also cut were supplements for elementary and middle school instructional leaders, and for teachers who earn National Board Certification.
The Poquoson School Superintendent released her fiscal year 2012 proposed budget that includes cuts of just over $1 million. The school board will vote this week on the proposal.
School employees have not received raises in two years. A 1.02 percent raise is included in the proposal. Cuts to instructional programs and increased class sizes are also part of the plan. The family and consumer science program at the middle school, and SAT preparation classes at the high school are slated for elimination. Spanish instruction at the elementary school will be reduced. In addition, fewer sections of courses and classes will be offered, resulting in increased class sizes. The school division expects to receive $700,000 less in state funding.
York County’s school board has approved a budget including pay raises for staff and a request to the board of supervisors to provide sufficient local dollars to level fund support. Because the state will provide more funding that originally proposed in December, the superintendent advocated resurrecting step pay increases for staff. The practice had been suspended for the last few years.
In Virginia Beach, the school board approved a budget proposal providing a 0.5 percent increase to base salaries along with a 2.5 percent one-time bonus. The school division received about $7 million more in state funding that originally anticipated. The budget cuts 133 positions, but one-time federal money would allow school officials to preserve 85 of those positions for next fiscal year. This results in a net cut of 48 positions. Overall, the division’s proposed budget is about $3 million less than the current one.
The reconciliation act between school board proposals and local government budget realities will take place in April and May.
City councils across state await budget proposals
A glance out the window reveals the transition from winter to spring. But, for local elected officials there is little opportunity to watch the first flowers bloom. Instead, it is the time to break out the green shades and No. 2 pencils because school budget proposals and city manager spending plans are headed their way.
With this backdrop of spring and March Madness, here is the local budget development snapshot.
In Martinsville, the city manager has warned council that it will be facing another tough budget year in fiscal 2012. The initial spending plan for next year shows a budget gap of nearly $640,000. The city may lose $270,000 in revenue from the most recent real estate reassessment if the city’s tax rate is not increased. The city’s fund balance is also in trouble. The fund balance was used to help balance this year’s budget, and will shrink by almost 20 percent from $13.1 million in FY10 to $10.5 million by the end of FY11. In addition, city planners expect significant declines in local sales and use taxes, and fund transfers from city utilities (i.e., refuse and electric). And, despite a significant loss in population, public safety and other services are in high-demand. All told, the city’s general fund in the current year is less that it was in fiscal year 2007. Next year’s outlook does not promise a major economic turnaround.
In nearby Danville, council members were taken aback by the city manager’s proposed 10-cent real property tax rate increase as part of the city’s developing 2012 budget. He also proposed adding a new tax – a local 30-cent per pack cigarette tax. The city manager also told council that his proposed 2012 budget will focus on three areas: right-sizing city agencies by cutting 45 positions of which half are currently filled; eliminating blight in an effort to attract new business and raise property values; and developing a future-oriented economy that will attract family-wage jobs to the area.
The Virginia Beach city manager is proposing a 2-cent real estate tax rate increase, higher storm water fees, and a new monthly $10 trash fee. He is also interested in spending $14.5 million from the school division’s savings. The city faces next fiscal year a $24 million budget gap. Also in the mix are possible controversial revisions to the funding formula used by the city to divide major local revenues between the school division and city government.
In neighboring Norfolk, the city manager says some of the city’s 3,800 employees will be laid off over the next few months and none will receive general pay raises. The city faces a $32 million budget gap next fiscal year. His budget plan will include retirement incentives in hopes of persuading a number of the more than 500 city employees who are eligible to retire to do so. Over the past two years, staffing levels have been scaled back to levels last seen in 2003. The city’s general fund budget and real estate assessments have shrunk by about 10 percent over the past two years.
In Chesapeake, the city manager’s proposal would keep the tax rate steady, retain all filled positions, and preserve core services. His budget includes a 0.8 percent ($3.7 million) general fund increase over this year’s budget. Nearly $170 million from the local general fund would be set aside for the school division. Although real estate taxes are expected to drop by $2.5 million, the decrease is made up by a $6.8 million increase in personal property tax revenue. Some $5 million would be used for employee pay raises.
The Newport News city manager’s budget proposal mostly maintains current services and tax rates without significant layoffs. But, there are changes. The city cigarette tax would increase from 65 cents to 75 cents, raising $500,000. The additional revenue would be used to cover the cost of hiring 12 more firefighter/medic positions. The residential solid waste fee will increase 27 cents per week. The solid waste department was running a $500,000 deficit, and the additional fee revenue will bring the special fund back into the black. And, the schedule for bulk waste pickup will change from every week to every other week.
The belt tightening under consideration seems at odds with the recent glowing reports about the resurgence of state revenues. But, the fiscal health of local governments is closely tied to real estate taxes, and as long as home sales remain stunted, local budget development will remain a tough chore.
Building safety organizations urge adoption of ordinances requiring smoke alarms
Cities, towns and counties are being urged by three statewide organizations to adopt local ordinances requiring smoke alarms in residential buildings. Most localities that already have adopted ordinances to require smoke alarms have done so by incorporating these requirements in their local fire prevention codes for all residential properties or for rental properties exclusively.
The Virginia Plumbing, Mechanical and Inspectors Association, the Virginia Fire Prevention Association and the Virginia Building and Code Officials Association have written local managers encouraging adoption of smoke alarm requirements.
For additional information, contact your local building official or fire marshal, or the presidents of one of the three organizations: VPMIA President Robert Adkins 703-792-6950; VFPA President Frank Teevan 888-668-8372 or VBCOA President Joel Baker 540-776-7300.
Food system, farm-to-table forum set for April 14
Interested in local foods, the future of farming, health and food access? Want to take an active role in helping develop the strategies and relationships essential to creating a healthy, vibrant resilient local, regional and state food system? If so, consider registering to participate in the upcoming Virginia Food System and Farm-to-Table Forum that will be held April 14 at Virginia State University in Petersburg.
The forum, the second of two in the state, is a collaborative effort of Virginia Cooperative Extension, Virginia Tech, Virginia State University, the Virginia Food System Council and its participating organizations, and the University of Virginia’s Institute for Environmental Negotiation. It will run from 9 a.m. until 3:30 p.m. at Virginia State’s Randolph Pavilion. The deadline for registering is April 12. Attendance is limited to 100 people. Register at: https://www.research.net/s/H6HNJ2C.
The objective of the forum is to frame a vision for a healthy, vibrant, resilient food system and address the challenges, opportunities and priorities for strengthening Virginia’s food system. The results of the forum – and one held on Tuesday in Blacksburg – will help in the development of a Virginia Farm-to-Table Plan.
For more information about the event, contact Eric Bendfeldt of Virginia Cooperative Extension at 540-432-6029 Ext. 106, Crystal Tyler-Mackey of Virginia Cooperative Extension at 804-524-5494, or Kim Niewolny of Virginia Tech at 540-231-5784.
Policy committee nomination deadline nears
Nomination forms for participating on a VML policy committee in 2011 have been sent to the league’s full-member local governments. The deadline for local nominations is April 8.
VML has six policy committees: Community & Economic Development; Environmental Quality; Finance; General Laws; Human Development & Education; and Transportation. The committees hold one meeting, which will take place on Thursday, July 28, at the Greater Richmond Convention Center.
Policy committees are responsible for developing or revising policy positions that address issues of greatest importance to local governments. They also recommend most pressing issues to the VML Legislative Committee for possible inclusion in the league’s legislative program.
The committee meeting is also an opportunity for members to learn more about emerging and current issues or state priorities. They hear presentations from state cabinet members or agency heads, and get to discuss issues with these state leaders and with their colleagues from across the state.
Each policy committee has a smaller steering committee, which meets in the weeks prior to the full committee meeting to focus in which issues the full committee will address, take initial steps to outline issues referred to the committee by VML’s Legislative Committee. Steering committee members are appointed by VML’s president.
For more information, or if you have questions about the VML policy process, call or e-mail Janet Areson at 804-523-8522 or jareson@vml.org.
Parrish, Kelleher to lead 2011 Legislative Committee
VML President Jim Councill has named Manassas Mayor Hal Parrish as chair of the 2011 VML Legislative Committee. Councill appointed Vienna Council Member Edythe Kelleher as vice chair.
VML’s Legislative Committee is responsible for developing the league’s legislative program each year. The committee, which consists of 24 members, meets three times over the summer and fall. Members learn about and discuss emerging issues, assign issues to policy committees or working groups for closer examination, and determine the issues to be included in the annual legislative program.
Proposed Regulation
Fees for Permits and Certificates. The State Water Control Board has proposed amendments to address the regulation of biosolids (treated sewage sludge) in a comprehensive manner that covers land application permitted under the Virginia Pollutant Abatement Permit (VPA) Regulation as well as the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation. The changes address various issues related to the land application of biosolids, including the following major topics: (i) storage requirements, (ii) permit fees, (iii) site access control, (iv) consistency between VPA and VPDES permit requirements, (v) public notice processes, (vi) permit modification procedures, (vii) processes to establish appropriate buffers to address health concerns, (viii) sampling requirements, (ix) nutrient management requirements, (x) animal health issues associated with grazing, (xi) financial assurance procedures, (xii) permitting procedures, (xiii) distribution and marketing of exceptional quality biosolids, (xiv) reclamation of mined and disturbed lands, and (xv) reimbursement of local monitors. Public hearings will be held. Please contact William Norris, Department of Environmental Quality, at 804/698-4022 or wknorris@deq.virginia.gov for more information.
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