County judge, magistrates discuss sheriff’s budget advancement, shipping containers

By JIM BROOKS
Nelson County Gazette / WBRT Radio

Tuesday, Dec. 15, 2020 — Nelson Fiscal Court approved the Nelson County Sheriff’s Office 2021 state funding advancement, but not without some discussion about apparent budget increases.

For more than 20 years, Nelson Fiscal Court and the Nelson County Sheriff have been parties in a contract that resulted in the sheriff’s office taking over the responsibility for the law enforcement duties of the former county police department.

Fiscal court provides about $2 million annually to the sheriff’s office to cover salaries, benefits and equipment for those law enforcement officers. The sheriff’s budget runs about $2.2 million to cover the costs of tax collection, court security, etc. Together, the total sheriff’s office budget is about $4 million.

The sheriff’s office budget begins on Jan. 1 each year, and begins with a zero balance. The state advances sheriff’s offices across the state money to cover payroll and expenses until tax revenues come in to cover those costs. Every sheriff’s office then repays the state for the advance funds.

This year, the sheriff’s office is requesting $600,00 — more than last year — and that advancement must be approved by the county fiscal court, which is why the item was on the meeting agenda.

Judge Executive Dean Watts introduced the discussion by stating the sheriff’s office budget figures represent a 13 percent increase — $269,000– than last year.

Magistrate Jeff Lear disagreed with Watts’ assessment of the sheriff’s office budget.

“I’ve looked through this budget and I don’t see those numbers your’re talking about,” Lear said. “In actual dollars, I think we’re looking at (an increase of) $119,000.”

The rest of the increase Watts was referring to was due to an increase in the state’s advancement — money the sheriff’s office will receive and then repay after tax revenues come in.

But Watts’ concern apparently wasn’t in the state advancement but in the $119,000 budget increase — and how that increase will affect the excess fees that the sheriff’s office historically returns to fiscal court each year.

Watts provided the magistrates with documents showing the county’s costs for the sheriff’s office payroll and benefits, as well as an 18-year record of the amount of excess fees the sheriff’s office has returned to the county every year.

The excess fees come from the fees the sheriff charges for paper delivery, vehicle inspections, tax collection and other services. Those fees are used to cover the costs of operating the sheriff’s office and court security; each year, the sheriff returns the leftover — excess — fees to the fiscal court.

Over that 18-year period, Watts’ figures show that the Nelson County Sheriff’s Office has returned more than $2.7 million in fees to fiscal court. That money, according to Watts, has been used by county government to cover other expenses. The money has served as a sort of financial buffer to help the county’s overall budget, he said.

In a telephone interview, Watts expressed concern that the sheriff’s office was spending the excess fees money, and he was concerned about how the potential loss of that funding may impact the county’s budget in the long run.

Watts has warned the court repeatedly that the rising costs of the sheriff’s office, EMS and county jail may force a future judge executive and fiscal court into raise taxes or creating new taxes to cover the ever-increasing costs.

Sheriff Ramon Pineiroa said he was willing to work with fiscal court to meet the court’s expectations as far as returning excess fees.

“In two years, no one has come to me to talk about these expectations,” he said.

Following the discussion, the court voted unanimously to approve the sheriff’s budget advancement and the required bond amount.

SHIPPING CONTAINERS. Magistrate Eric Shelburne asked the court about the issue of former shipping containers being used as storage buildings.

He pointed out an instance of a complaint about a homeowner who has a former shipping container on his property.

Planning and zoning treats them as outbuildings, Shelburne said. And apparently, if the appropriate permits are obtained, their use is not a violation of planning and zoning ordinances.

Shelburne said the homeowner is worried that the shipping container looks bad, and it will bring down the value of his property. “They don’t look good, and they shouldn’t be in a subdivision,” Shelburne said.

Watts said he felt the use of shipping containers would be appropriate in a commercial or industrial zone. In a subdivision, the homeowner’s association would be responsible for enforcing the covenants and restrictions on the subdivision properties if such an outbuilding were prohibited. For example, subdivision restrictions may restrict the number of vehicles allowed in a driveway, or not allow accessory structures, like sheds or detached garages.

In any event, if subdivision restrictions are violated, it is up to the property owner to file a civil action in court, Watts said.

The court will take up the issue again at a January meeting and invite Planning Director Jan Johnston-Crowe to provide some perspective.

In other business, the court:

— heard that the Feeding American program will take place Wednesday, Dec. 23, 2020, at the Nelson County Fairgrounds.

NEXT UP. Nelson Fiscal Court will next meet at 9 a.m. Tuesday, Jan. 5, 2020.

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