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11-28-2023 Work Session Agenda Packet BOARD OF SUPERVISORS WORK SESSION Tuesday, November 28, 2023 - 3:30 PM Board Meeting Room 39 Bank Street, SE, Chatham,Virginia 24531 AGENDA 1. CALL TO ORDER (3:30 PM) 2. ROLL CALL 3. AGENDA ITEMS TO BE ADDED 4. APPROVAL OF AGENDA For the citizens’ convenience, all Work Session and Committee Meetings are now being recorded and can be viewed on the same YouTube location as the Board of Supervisor’s Business Meetings. Please remember that the Board’s Work Session is designed for internal Board and County Staff communication, discussion, and work. It is not a question and answer session with the audience. Accordingly, during the Work Session, no questions or comments from the audience will be entertained. Respectfully, any outbursts or disorderly conduct from the audience will not be tolerated and may result in the offending person’s removal from the Work Session. As a reminder, all County citizens, and other appropriate parties as designated by the Board’s Bylaws, are permitted to make comments under the Hearing of the Citizens’ Section of tonight’s Business Meeting. 5. PRESENTATIONS a. IALR Quarterly Update (15 minutes) (Staff Contact: Telly Tucker (IALR)) b. VDH Funding Retention Request (15 minutes) (Staff Contact: Kim VanDerHyde) c. Broadband Project Update (15 minutes) (Staff Contact: Robert Taylor (RiverStreet)) 6. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Reassessment Update (5 minutes) (Staff Contact: Patsy Budd) b. Sheriff Deputies' Short Term Disability Benefit Subsidy (10 minutes) (Staff Contact: Kim VanDerHyde) c. Solid Waste Briefing ((1) Fund Review; (2) Potential Director Hiring Discussion)); (30 minutes) (Staff Contact: Stuart Turille, Kim VanDerHyde) d. Facility Improvements Funding Discussion (20 minutes) (Staff Contact: Chris Adcock) 7. BUSINESS MEETING DISCUSSION 8. CLOSED SESSION a. Closed Session - Economic Development Update (Staff Contact: Matthew Rowe) b. Closed Session - Legal (Staff Contact: Vaden Hunt) 9. RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION a. Closed Session Certification (Staff Contact: Kaylyn McCluster) 10. ADJOURNMENT 5.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Information Only Agenda Title: IALR Quarterly Update (15 minutes) Staff Contact(s): Telly Tucker (IALR) Agenda Date: November 28, 2023 Item Number: 5.a. Attachment(s): None Reviewed By: Telly Tucker, IALR President, will present to the Board IALR’s Quarterly Update. Related information/documentation will be presented and/or distributed to the Board at the Work Session. 1 5.b. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Information Only Agenda Title: VDH Funding Retention Request (15 minutes) Staff Contact(s): Kim VanDerHyde Agenda Date: November 28, 2023 Item Number: 5.b. Attachment(s): 1. Reviewed By: Dr. Spillman and Krystal Davis will be here to discuss the local Virginia Health Department's request to retain funds in the total amount of $246,421.57 ($103,627.57 in carryover funds from the FY23 year-end settlement and $142,794 in FY24 unmatched funding). A Budget Amendment is not necessary to approve this request and will not require any additional funding from the County. Health Department Request to Retain Funds 2 1 Kim Van Der Hyde From:Davis, Krystal (VDH) <Krystal.Davis@vdh.virginia.gov> Sent:Friday, September 22, 2023 1:02 PM To:Kim Van Der Hyde Subject:Request to Retain Funds CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good aernoon, Kim! I hope you are doing well. I wanted to reach out to you about retaining our funding from carryover funds for the FY23 Year End Selement, together with the FY24 unmatched funding. We have $103,627.57 in carryover funds from the FY23 Year End Selement. In addion, we also have $142,794 in FY24 unmatched funding. In reference to the FY24 unmatched funding, this is the remaining amount of allocated funding, and we are not asking for addional funding from the County, only to use the agreed upon fiscal support in other areas. We are requesng to retain a total amount (between FY23 and FY24 funds) of $246,421.57. With a poron of the funds, we would like to invest in a soware installaon in the Chatham office for Environmental Health purposes. We are currently ulizing Docuware in our Southside district to manage and maintain our EH database. However, in Pisylvania County, we have a bunch of “discs” that we must ulize to pull up stored informaon. With the installaon of Docuware in Pisylvania County, we would be able to leverage the infrastructure already in place and be able to communicate district-wide from out in the field, as this is a cloud-based storage soluon. As it is now, our EH workers must physically be in the office to access the informaon, which may prove difficult if they are in the field for extended periods of me performing site assessments. We would like to put the remaining funds towards the purchase of two vehicles, preferably SUVs, to serve the Pisylvania County area. We are seeing an increase in the need for environmental health services and our EH employees are spending a lot of me traveling to sites for inspecons. We expect these numbers to increase as the numbers of residences, businesses, and restaurants connue to rise. We have recently had two of our vehicles dedicated to serving Pisylvania County die on us, one with a bad motor and one with a bad transmission. These vehicles have not been replaced in our fleet and we are short of vehicles to provide to the employees. We would greatly appreciate your consideraon and approval to retain the funds in the amount of $246,421.57. If we need to present this request before the board as we have done in years past, just let me know on what date. Please let me know if you have any quesons. I appreciate your assistance in this maer. Sincerely, 3 2 Krystal H. Davis, MBA, VCA Business Manager C Pittsylvania/Danville & Southside Health Departments Phone: (434) 766-9860 Mobile: (434) 483-3004 Facebook | Twitter | YouTube | LinkedIn Danville Health Department 326 Taylor Drive Danville, Virginia 24541 4 5.c. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Staff Report Agenda Title: Broadband Project Update (15 minutes) Staff Contact(s): Robert Taylor (RiverStreet) Agenda Date: November 28, 2023 Item Number: 5.c. Attachment(s): None Reviewed By: Robert Taylor, RiverStreet Networks’ Director of Business Development & Government Affairs, will present to the Board a Broadband Project Update. Related information/documentation will be presented and/or distributed to the Board at the Work Session. 5 6.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Information Only Agenda Title: Reassessment Update (5 minutes) Staff Contact(s): Patsy Budd Agenda Date: November 28, 2023 Item Number: 6.a. Attachment(s): None Reviewed By: Patsy Budd, County Internal Auditor/Reassessment Coordinator, will present to the Board a Reassessment Project Update. Related information/documentation will be presented and/or distributed to the Board at the Work Session. 6 6.b. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Staff Report Agenda Title: Sheriff Deputies' Short Term Disability Benefit Subsidy (10 minutes) Staff Contact(s): Kim VanDerHyde Agenda Date: November 28, 2023 Item Number: 6.b. Attachment(s): 1. Sheriff MOA Renewal Reviewed By: During the recent review of the Sheriff's Memorandum of Agreement ("MOA"), a discussion was had concerning the need to provide a Short-Term Disability Benefit ("STDB") for newly hired full-time sworn Sheriff's Deputies to help with recruitment and retention. Currently, new employees earn a total of eight (8) hours of sick leave per month and eight (8) hours of vacation leave per month. This leave is used to cover employee absences. Since Deputies are in a very high risk job for accidents to occur, they may experience injuries that may take them out for an extended period of time and would leave them with no income. Since it takes a while to accumulate enough leave to cover such an absence, a STDB is being proposed to cover lost time for the first 2 years of employment for newly hired full-time sworn deputies. This benefit, with a total monthly cost to the deputy of ten dollars ($10), would provide a two-thousand dollar ($2,000) monthly benefit, if approved by the insurance carrier. This item has been included as item 15 in the Sheriff's MOA renewal that will be approved at tonight's Business Meeting under the Consent Agenda. For the Board's review and consideration, the revised MOA for renewal is attached. 7 Page 1 of 4 CONSTITUTIONAL OFFICER MEMORANDUM OF AGREEMENT This Constitutional Officer Memorandum of Agreement (“MOA”), made this 28th day of November, 2023, by and between the Pittsylvania County Board of Supervisors (“Board”), and the Michael W. Taylor, Pittsylvania County Sheriff (“Sheriff”); (individually “Party;” collectively “Parties”) recites and agrees with the following recitals: RECITALS WHEREAS, in accordance with § 2.2-3008, Code of Virginia, 1950, as amended, employees and appointees of Constitutional Officers may be accepted in a local governing body’s Grievance Procedure or Personnel Plan, if agreed to by both Parties; and WHEREAS, the employees/appointees receive salary allocations from the Commonwealth of Virginia’s Compensation Board (“VCB”) for themselves and some of their employees/appointees; and WHEREAS, the Board currently funds out of local revenue, and without VCB funding, the salaries of some of the employees/appointees of the personnel of the Sheriff’s Office; and WHEREAS, the employees/appointees desire that the Board supplement the salary allocations for themselves and those employees/appointees which are VCB funded, as permitted by law; and WHEREAS, as permitted by law, the Board is willing to fund the salaries of the locally funded employees/appointees of the Sheriff and to supplement the funding allocated by the VCB for the salaries of those employees/appointees funded by the VCB in consideration of the employee/appointee agreeing to adopt and abide by certain of Pittsylvania County, Virginia’s (“County”) Human Resources Polices; and WHEREAS, § 15.2-1605.1, Code of Virginia, 1950, as amended, permits the Sheriff and the Board to agree that the Board will supplement the salaries of the Sheriff and his/her employee/appointees; now, therefore: WITNESSETH In consideration to the mutual covenants and promises contained herein, the Board and the Sheriff agree as follows: 1. The MOA’s term shall be effective, retroactively, on January 1, 2024, and end on December 31, 2027; and 2. The Board and the Sheriff shall be able to cancel/void this MOA at any time during the MOA’s Term, provided the moving Party provides the other Party at least a one-hundred and eighty (180) day written notice; and 8 Page 2 of 4 3. Employees/Appointees of the Sheriff are appointed under § 15.2-1603, Code of Virginia, 1950, as amended, and shall be considered “at will” employees/appointees of the Sheriff regardless of whether the employee/appointee is locally funded or funded by the VCB; and 4. All Sheriff employees shall be appointed by the Sheriff. The Sheriff agrees to fully and completely adopt, follow, and be bound by the County’s Personnel Plan, except in the following areas: Qualifications for Employment; Applicant Process; Hiring; Appointments; Vacancies; Classification of Positions; Administration of Pay Plan; Pay of Employees Based on Performance; Promotions; Scheduling; Employee/Appointee; Discipline; Separations; In-Service Activities; Off-Duty Management; Rules of Conduct; Re-employment Procedures; and Grievance Procedures; and 5. The Sheriff agrees to fully adopt, follow, and administer FMLA as outlined in the County’s Personnel Plan. The Board agrees that the Sheriff shall have sole discretionary authority to administer leave for eligible Sheriff employees who exhaust FMLA leave benefits, and may need additional leave beyond the FMLA twelve (12)-week entitlement period; and 6. Except as provided herein or required by law, the Sheriff does hereby adopt and agree that he/she and employees/appointees shall be under County’s Uniform Pay and Classification Plan; and 7. The Board agrees that, except as required by law, all employees/appointees of the Sheriff shall be classified, graded, and compensated (to include fringe benefits and overtime considerations) in conformance with the County’s Uniform Pay and Classification Plan to the extent required to meet the level of compensation accorded under the Plan; and 8. The Board will subject itself to the lawful appropriation of funds, and the supplement of said funds, appropriated by the VCB and obtainable grant funding; and 9. The Board agrees to supplement the salaries of the Sheriff’s Office in the amount determined by the Board after consultation with the Sheriff; and 10. The Board agrees that the Sheriff has sole authority over the employee/appointee’s increase/decrease in salary compensation and it shall be based upon a satisfactory annual evaluation that has been reviewed by both the employee’s Supervisor and the Sheriff. Increases will be determined by the Sheriff and subject to Board appropriation of funds for said merit increases; and 11. The Board agrees to continue to encourage retention of Sheriff’s employees/appointees by continuing to appropriate supplemental funding for educational achievements; and 12. The Board agrees that in the occurrence a present employee/appointee is being compensated at a rate not consistent with the County’s Uniform Pay and Classification Plan, the Board will not decrease the employee/appointee’s compensation schedule; and future employees shall be paid in accordance with the County’s Uniform Pay and Classification Plan; and 9 Page 3 of 4 13. The Sheriff acknowledges and agrees that, except as required by law, any increase in funding by the VCB to the Sheriff and/or his/her employees/appointees above the level of compensation set by the County’s Uniform Pay and Classification Plan shall may be used to supplant County funding of the Sheriff and his/her employees/appointees’ salaries; and 14. To the extent that provisions of this MOA, any County Policy, or the County’s Uniform Pay and Classification Plan conflicts with any mandatory requirements established by the Commonwealth of Virginia, VCB, or the U.S. Department of Labor, the mandatory state or federal requirement shall control.; and 15. Pittsylvania County, Virginia (“County”), desires to start offering an additional Short-Term Disability Benefit (“STDB”) for all newly full-time (“FT”) sworn Sheriff’s Deputies for recruitment and retention purposes. To help with this effort, the County will subsidize all but $10 per month of the premium cost of the maximum STDB of $2,000 per month (“Subsidy”), which is offered by the County’s third-party Benefits Administrator. According to the STDB Carrier, a full-time employee must work a minimum of 40 hours per week, annually to qualify for this benefit. The County will cover this STDB Subsidy for two (2) years from date of hire. Additionally, for the first year of the STDB implementation, Deputies with less than two (2) years of County service would be offered the STDB Subsidy beginning January 1, 2024. Said Deputies would be allowed this STDB Subsidy for two (2) years from this date. Newly sworn FT Deputies that fall under this STDB Subsidy and choose to opt out of this STDB Subsidy will be required to sign a waiver stating that they were offered the STDB Subsidy and declined it. At no time will the Deputy be able to elect the STDB Subsidy after the waiver has been signed. IN WITNESS WHEREOF, the Parties have caused this MOA to be duly executed intending to be bound thereby. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS By: Title: Date: APPROVED AS TO FORM: By: Title: Date: 10 Page 4 of 4 PITTSYLVANIA COUNTY SHERIFF By: Title: Date: 11 WAIVER OF COVERAGE I, understand I have been offered a Short-term Disability plan with a total monthly benefit of $2,000 with a subsidy to cover all but $10 per month toward the cost of premiums for a period of 2 years from my hire date. I further understand, by waiving coverage at this time, I will be unable to receive this subsidy at any time prior to end of the 2- year term. I, therefore, waive coverage of this benefit. Signed: Date: 12 6.c. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Information Only Agenda Title: Solid Waste Briefing ((1) Fund Review; (2) Potential Director Hiring Discussion)); (30 minutes) Staff Contact(s): Stuart Turille, Kim VanDerHyde Agenda Date: November 28, 2023 Item Number: 6.c. Attachment(s): None Reviewed By: Stuart Turille, County Administrator, Kim Van Der Hyde, Finance Director, and Butch Joyce, LaBella Associates, will present to the Board a Solid Waste Briefing. Related information/documentation will be presented and/or distributed to the Board at the Work Session. 13 6.d. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Staff Report Agenda Title: Facility Improvements Funding Discussion (20 minutes) Staff Contact(s): Chris Adcock Agenda Date: November 28, 2023 Item Number: 6.d. Attachment(s): None Reviewed By: In 2022, The County contracted with Ameresco, an Energy Savings Company, to audit all County buildings (except schools) to identify energy-saving measures and projects. What Ameresco found were mechanical equipment failures; thermal comfort issues; many heating, ventilation and cooling (“HVAC”) systems not operating properly or efficiently; antiquated or inefficient lighting systems; and the lack of a functional building automation or control system. An automation system provides for much more efficient utilization of HVAC and other building systems. In most energy savings program projects, the building upgrades are funded by utility costs and operational savings. In the County's review, all of the identified projects were too extensive to be covered by the energy savings alone. County Staff reviewed the recommended project list and identified the measures that provide the greatest benefit to the County, improve the conditions and comfort issues inside its facilities, and address some significant deferred maintenance issues that, if left unaddressed, could cause significant future problems. This project list was presented to the Board at its August Work Session. The Board expressed some concerns about the overall cost of all of the capital improvements, how the debt would be serviced going forward, and if any grants would be available for these projects. Over the last several months, Ameresco and County Staff investigated potential grant funding for these projects, but were unable to identify any that would apply to these projects. Due to the immediate needs and conditions present at the Sheriff's Office (Moses Building), County Staff asks the Board to consider a pared-down project that would address just this building. This will allow County 14 Staff to continue researching funding options or other possibilities for the completion of the other identified projects. 15 8.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Closed Session Agenda Title: Closed Session - Economic Development Update Staff Contact(s): Matthew Rowe Agenda Date: November 28, 2023 Item Number: 8.a. Attachment(s): None Reviewed By: Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matters: Projects Bourbon, Bakery, Big Dipper, 30, and AM Purpose: General Economic Development Project Updates on Unannounced/Prospective Businesses/Projects/Industries 16 8.b. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Closed Session Agenda Title: Closed Session - Legal Staff Contact(s): Vaden Hunt Agenda Date: November 28, 2023 Item Number: 8.b. Attachment(s): None Reviewed By: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: WIB Fiscal Agent Legal Agreement Purpose: Consultation with Legal Counsel Regarding WIB Fiscal Legal Agreement 17 9.a. BOARD OF SUPERVISORS EXECUTIVE SUMMARY Action Item Agenda Title: Closed Session Certification Staff Contact(s): Kaylyn McCluster Agenda Date: November 28, 2023 Item Number: 9.a. Attachment(s): None Reviewed By: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Pittsylvania County Board of Supervisors’ (“Board”) Work Session on November 28, 2023, the Board hereby certifies by a recorded vote that to the best of each Board Member’s knowledge, only public business matters lawfully exempted from the Open Meeting requirements of the Virginia Freedom of Information Act (“Act”) and identified in the Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting. If any Board Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board's Minutes. Vote Nancy K. Eanes Yes/No William V. (“Vic”) Ingram Yes/No Ronald S. Scearce Yes/No Robert M. Tucker, Jr. Yes/No Robert (“Bob”) W. Warren Yes/No Timothy W. Dudley Yes/No Darrell W. Dalton Yes/No 18