Special Called Board of Supervisors Meeting   12/4/2023

Special called meeting on December 4th, Nelson County Board of Supervisors.

First item on the agenda is, do we have public comments?

As you all are aware, the Nelson Heritage Center is working towards renovating the Heritage Center building to accommodate the local health department.

So John is here to answer any questions, and they submitted a literary request for then the county and their lender to enter into a debt subordination agreement between the three parties.

This is so they may proceed with financing of the Nelson Heritage Center renovations for the health department.

And as you may recall, the county's deed transferring the property to the Millennium Group contains a revert clause which states, if the use of the property as a community center and for recreational and athletic activities should cease, property shall revert to the county.

This is the county's interest as referenced in the subordination agreement that's been provided.

Mr. Payne reviewed the original agreement and provided his edits which have been accepted by the lender.

So that reversion clause creates a collateral interest which is problematic for the lender.

The purpose of the subordination agreement is to permit the lender to foreclose if the Millennium Group defaults and sell the property free of the county's reversionary interest regardless of whether or not reversion has occurred.

So in the case of default, the county has the option but not the obligation to pay the debt.

The debt being sought is roughly over a million dollars and is secured by a construction loan credit line deed of trust, assignment of rent, fixture, filing, security agreement, which encompasses a whole deed of trust, which is also included in the subordination agreement being requested.

The subordination agreement states that the subject

to the foregoing agreement the county's interest shall be unaffected by the deed of trust and shall continue as a covenant and restriction on the property.

So Ms. Burdette is here to answer any questions.

Good morning.

Questions?

Nothing to add other than thank you for consideration.

I want to thank Candy, absolutely has been so responsive and has understood our sense of urgency and moving forward with this.

As you all know, we started this process probably a little over a year ago, definitely before the whole market fell apart.

So the cost for the construction project has definitely increased as well as lead times with construction type products and services.

So it's been an interesting project and we're right at the end and this is one of the very last pieces that we need to have a resolution to.

Great, thank you.

Phil, do you have anything you need to add?

No.

Alright, any questions for staff, Jonna or Phil at this time?

The only question I have is deed-related, Phil.

And it wouldn't, yeah, got it.

Okay, that's all I need to know.

Thank you.

Thank you.

I was just going to add, we have provided a resolution for your consideration.

I would like to move that we approve Resolution R. 2023-75.

Okay, we have a motion.

Do we have a second?

Second.

Second from Mr. Reed.

Any further discussion?

Mr. Barton.

Yes.

Yes.

Mr. Reed.

Yes.

Mr. Barden.

Yes.

All right, moving on to consideration of request to offer employee retention incentives through December 31st.

Sorry, just making sure I have the correct paperwork here.

At your seats you should have a corrected summary and also a corrected spreadsheet that mirrors the one on the screen here.

We needed to add the FICO tax cost to these numbers so that reflects the current cost now.

As you have, Sheriff Hill has submitted a letter requesting the ability to offer employee retention incentives for 20-fold

Time employees on this list.

My understanding is that that may be the maximum ask.

There are some folks that may have already vacated positions, but they're on the list.

And this would be for these employees that continue providing service without taking their leave before January 1, 2024 so that the department may maintain a professional service for the remainder of the calendar year 2023.

As noted in your packet, for local policy, the county is not obligated to pay out unused annual leave upon a Sheriff's Department employee's termination.

The Sheriff's Department has their own leave policy and maintains their own leave records.

Included in the packet is a spreadsheet of the current unused annual leave hours totaling about $3,200 estimated through December and an estimated cost of $101,000.

975 including the FICA tax now.

And this does take into account the 2% salary increase that's effective December 1st.

There has been consistent vacancy savings, fiscal year date for three local positions within the department estimated at $29,778 each for a total of $89,334.

Roughly 2,703 of this is being used to offset an overage to date and paid overtime costs, which leaves an estimated 86,631 that could be applied to this request.

Last month, 56,788 in overall budgetary vacancy savings was the basis for coverage of our prorated 2% salary increase that the Board approved in November.

This did take into account these vacancies, however,

Staff thinks that other departmental vacancies within the overall budget could absorb this cost.

Should the board choose to fully fund the request, contingency funds are also available within the currently appropriated general fund budget to cover this one-time expense.

We've provided some things for you all to consider.

It does benefit the county to maintain law enforcement coverage during the leadership transition.

Virginia State Police may be able to provide some level of coverage.

The Sheriff's Department current 2017 leave policy does include an annual leave accrual cap of 80 hours.

That can be carried over from calendar year to calendar year.

We've provided you that policy.

The county has an annual leave accrual policy that has a cap of two years worth of leave that is paid out upon termination as follows.

If you have fewer than five years service with the county, you may be paid out 192 hours maximum.

If you have five to nine years you can be paid out 240 hours maximum and ten plus years 384 hours maximum.

We've also included an excerpt from the county's personnel policy that pertains to these levels of payment.

We do suggest that any authorized payout should be made to employees in January of 2024.

with time worked through December 31st, verified and certified by the Sheriff's Department on time sheets provided to the Finance Department.

So in looking at this spreadsheet here, we show the cost through December 31st, 2023 as requested.

The first column is for total hours as provided by Sheriff Hill.

The two year cap column represents what it would look like if it were based on the county's personnel policy and our payout rates.

And then the 80 hour cap is based on the sheriff's leave policy with a cap of 80 hours.

And it does reflect those folks that have less than 80 hours, it's only calculating on the actual hours shown.

And then we did include the FICA tax there for the total cost.

So if you look at those total costs as compared to the vacancy savings available at 86,631, the full request would require an additional $15,344.

If you went with a two-year cap, you would need $4,328.

And then with the 80-hour cap, you would have a balance of $45,015.

So what I'm seeing here on this chart is if the Sheriff's Department had the same policy in place that the county has, it would cost $90,958.66, is that correct?

Yes, sir, that's correct.

And based on the request,

So that's based on the Sheriff's Department leave policy?

Right.

Their policy allows 80 hours to be carried over from calendar year to calendar year?

So if the employee has over 80 hours, it's capped at 80 in this payment column.

So if you look at the screen here, there's some individuals that are highlighted in the green.

As you all know, back in 2020, with COVID pandemic, a lot of these people, they did not take their lead.

So over the last few years, we've been trying to, I did carry over more than 80 hours.

Mr. Harvey, you can come up this way.

There he is.

Maybe start from Vietnam.

All right.

So the screen here, Mr. Harvey, what we were speaking of is the current leave rates that we have on books.

This is the maximum level as of November 30.

And actually, a few people have been able to use some of their time prior to today's date.

So anyhow, this overall cost would be less than what's being projected, but that's the maximum cost.

But again, the individuals that are highlighted in the green, some I guess at the top is 320, 239, 365, 350, and 289.

Those folks who've gone over the 80 hour, let's say, accruement that allow them to carry over every year.

Reason being is some of these folks were unable to take their leave during the COVID

What we allow to do is carry that over to try to get them down.

So that was our way of tracking that.

But in order for us to maintain professional law enforcement services through the remainder of December, a lot of these individuals, over 50% of our staff, have jobs lined up.

They've turned in their resignation letters since November 7th.

And anyhow, they can vacate today.

And so in order to keep them here, keep them working, keep things running smoothly 24-7 until December 31st, I'm asking that you all consider this amount that's on the screen to help us get through.

And Mrs. McGarry, I don't know if maybe I didn't understand correctly, but it sounds like there was some vacancy savings from the Sheriff's Office budget for salaries, and so

If I heard correctly, it sounds like that money would be used to be spread out among other offices within the county.

Now, please keep in mind that when we've had vacancies within our offices, within our office, these individuals have continued to offer a service.

They have continued to serve this county and their citizens.

This figure on the board, yes, or figures,

There's money there.

There's money that's been saved throughout the year that's within the budget, the Sheriff's Office current budget, I feel.

And so these individuals have made dedications and sacrifices throughout this year and many other years, and I just ask that you consider them, consider their family sacrifices, and not only that, consider our citizen service through the remainder of this month.

Yeah, I know you ran for sheriff, served the people of Nelson County as a person who ran against you did.

And I have a couple questions about that.

A couple months ago, before the election,

A debate, I guess, between the two candidates.

And what was alluded to was a conflict that existed between you and the legal office of the Commonwealth's Attorney.

And I asked at that point

Now, you know, it passed by and those differences haven't been explained to me, but now I see that half of the police and the sheriff's deputies that serve our county are leaving.

So I think the public deserves

A recounting of what those differences are and if that had something to do with these people leaving.

Now, you might say to me that has to do with how much money a person makes, but that wouldn't change from six months ago.

So I would like, if you would,

No, I don't want you to.

I want you to speak for you.

I will say that I personally have been over backwards.

The chair of your board could reiterate there have been times where I've actually sat and asked him, hey, what do I have to do to make things better with your brother?

Because at times I've been lost.

I will say I'm not a puppet.

I will not give in to certain things.

The Sheriff's Office is independent of the Commonwealth Attorney's Office.

Although you should work hand in hand together.

And I feel that we have done that.

We have tried to do that over and over again.

Over the years there's been instances in which things have been difficult.

There's been just nonsense from, I will state this, sadly in this world we fight among our own two day at lunch.

We fight among our own two day at lunch.

And it normally comes down to a few things.

And what I've learned in my experience

It's power, greed, and prestige.

And so sometimes there are people that make attacks.

They have their ideas and how things should be.

And sometimes we try to sit down and talk about this thing civilly.

And sometimes people don't.

I appreciate your question and your desire to get an answer.

I want to respond to what you're saying.

here maybe, chose to leave the employ of Nelson County and they are requesting a certain amount of money and that money comes from the people of Nelson County.

Now, I would like to know why, before I vote on whether I'm going to extend them that money, why they left.

You're absolutely right.

However, you're assuming that it has to do with the relationship between the Sheriff and the Commonwealth Attorney and that may or may not be the case.

I'm asking the question.

You're more than welcome to go talk to deputies after this meeting and ask them specifically, but at this point, we have to stick with this agenda.

This is especially called meeting.

Well, it's pertinent to me why so many people left.

Feel free.

I have a question.

Yes.

The next board meeting, when is it?

The 12th.

The 12th.

Yeah.

So I understand that with this meeting, there's no public comments.

And so maybe those folks could come and speak.

It's their own free will.

I can't prohibit that.

Or they can come on Tuesday and speak.

I'd be glad.

Well, you know, it's not, you know, I think that when, you know, there's a change in the office when a new administration comes in.

There's always going to be some difficulty.

But I also believe that there should be cooperation.

I mean, there has been a very good example that the president was not a very good example of that.

But at a local level, you,

and a new incoming sheriff need to cooperate with each other.

And that's what I'm concerned with.

I'm concerned with the people of Nelson County.

I mean, to be perfectly honest, I don't give a damn which one he is, Sheriff, as long as you serve the people of Nelson County.

But I am concerned that people who work here feel upset enough about something

And that's part of the transition of this is in order to, I mean, sadly I've seen it over the years, each election cycle, deputies may worry about a new incoming sheriff.

And so in regards to this, there may be people that have their own ideas, the way they see things may or should operate.

But these individuals are choosing to vacate.

They could vacate right now.

So what I'm asking as a compromise is they are willing, these individuals, and it's a much lesser rate than what's projected here because some people have technically already vacated since November 30th.

So what I'm asking is in order to maintain a service through the remainder of this month, if they could be paid what they have accrued over the years

Then that way, the new incoming sheriff, come January 1, he will be responsible for that service at that point in time.

But in order for us to maintain service to our citizens, I feel this is the best approach because these individuals have jobs where they can go today.

They can just walk out, turn their stuff in, and they can go to work somewhere else.

They have that lined up.

I've asked that they stay.

Is there any other questions for Mr. Hill at this time?

It's my recollection of it.

Yeah.

OK. All right.

Any other questions for Sheriff Hill?

Any questions for Ms. McGarry?

All right.

Mr. Chairman, let me just make one other comment.

The two requests you're considering today, I think most of you are aware that they are two separate pots of money, so they are not competing requests.

I have a question for Sheriff Hill.

No, there's actually more than that.

Some of these people actually are not vacating to 20.

So there's some people that, technically speaking, if the county says, hey, or if they want to choose not to take a payout on their annual leave, they can do so.

But in fairness of those that have an approval, this is including all of those that have an approval.

The other, say, six, there's five dispatch positions.

There's roughly, I think, 31, yeah, around 31 total on the Sheriff's Office payroll.

It could grow.

Likewise, there are people in other departments who are vacating to come to Nelson, and there are people in Campbell that are vacating to go.

It's a constant ebb and flow of people who are loyal to a sheriff or to an employer, and it's part of this.

I mean, you know, when the election happens, people are going to go, people are going to come.

No, I understand that, but it seems a little over, you know, more than, and all I'm asking for is,

I agree, just not today.

This is not a private discussion.

Mr. Barton, elections are publicly discussed all year long.

They're discussed by the public every day.

This discussion that you're looking for.

I agree with you.

It is always disgust in a public arena.

Countless times.

Where have you been last year?

I mean, my goodness.

It's been discussed everywhere.

In every watering hole, in every institution that I could think of, this has been discussed.

It is not a place today to be discussed.

What you're looking for.

And the board currently, as I generally see it, Mr. Harvey and Mr. Parr at least, are saying that's the wrong place to talk about it.

We're not.

So let's go ahead and pick... And hopefully this conflict will not...

We are still in a questioning portion.

We could call it beyond question.

All right, moving on.

Any other questions for Mr. Hill or Candice McGarry?

Any other questions?

Hearing none, what is the pleasure of the board today?

I don't have any further questions, but I just want to make any comments.

First of all, I'll say I don't know of any board member who has been more

The sheriff and I have talked numerous times on different requests, except this one for some reason.

I didn't hear anything on this one, but I have historically been very supportive of the sheriff's department.

But I'm going to say right now, I don't appreciate this situation

I think we're trying to make plans for something after the fact and I think this should have been something that was addressed before.

That being said, I don't support

This full plan, but I would consider if, where's Candice?

If we have for, if finance can give us figures on what it would look like, because I'm all about being fair with one department and another, and I think if we could look at how this two year cap that the county has in place for employees would impact those individuals who are leaving.

I think it sets a bad precedent, and I don't mean to step on many toes, but I know there are some individuals who aren't leaving, okay?

I think it sets a bad precedent if we start paying out leave for people who aren't leaving.

So I would love to see some numbers, and if we had had a conversation before today, I would have requested these numbers come in.

I'm hearing maybe we don't have to vote today, maybe we can do this at the regular board meeting.

I thought we needed to vote today, but if we don't,

Personally, I'd like to see some numbers of what it would look like if we used the county's plan for those individuals who are leaving.

Because I think that's fair.

Again, they made sacrifices, they built up time, not get it.

That's how we treat a county employee.

I wouldn't be opposed to treating them the exact same way.

I don't support the full plan for everybody because we're not going to do that if someone leaves HR department.

We're not going to do that if someone leaves Piney.

You get what I'm saying?

That's my point.

Candy, question.

That's the middle one, the 90, or 84-4 in FICA, 90.

Yeah.

OK.

And is it current practice that if someone resigned as a deputy to hypothetically over the past year or whatever it is, they get paid out in the 80 hours?

They do not.

So, historically speaking, prior to my arrival, there were shares that commonly, let's say someone had emergency and documentation where people had thousands of hours built up.

And if it was expected that they were going to retire on a certain date, they would basically put them on terminal leave, say starting in June, and they would use their time all the way through December.

The state compensation board will not allow you to do payouts.

It is forbidden.

You cannot do payouts.

So sometimes what happens is,

individuals may say, hey, I have leave.

I want to be paid for my leave.

I can't do that.

But if you want to request time off and then work your last day, we'll work with you.

But a lot of times people, they'll have other jobs lined up.

All right, any other questions?

Candy, question.

That's correct.

The primary reason for today was the urgency for the Heritage Center and then these other two things came up.

What information do you want?

Well, there was a mention that we could get more

That would be something we could do at the other meeting.

So I can put together more up-to-date figures as of today that excludes those that have vacated because per the policy, once they vacate, once they terminate or they resign, policy states, they forfeit that time.

And we'd be talking about only 18 days until the end of the year at that point.

So that was speaking to the issue of whether we want to put this off or not.

I personally am in support of the two-year

I think it's a great honor to have you here today.

And while I'm sympathetic with Mr. Barton's

Trying to understand the nature of conflict and trying to mediate those things.

Clearly, that is not something that is on the forefront of our agenda for the final month of December.

My comments had nothing to do with being against this as something to do with something else.

I feel like I'm very supportive of the people who work in Nelson County, the policemen,

I'm just looking to find out.

But I would support voting today on the two-year cap.

I agree with Ernie.

We do know for certain the number only gets less from here for those who've already vacated, for those who have shoved.

And then those who do opt to stay,

The discretion would be given to them whether they wanted to accept it or not or continue the 80-hour cap policy year over year.

Right, Candy?

Yes.

And then payout would be like middle of January.

Give me a hug.

It would be at the end of January during our normal January pay cycle.

That makes sense.

OK. And then currently, so we got a hug from 86.

I'd be happy to make a motion.

I think that would be appropriate for you to do that and also if you could clarify

If it's all positions, or what positions would be getting the payout?

Not specific positions, but generally, is it the folks that have decided to vacate, but then they'll stay until the end of the year?

So they were asking in regards to just paying out those that are vacating or that will be vacating and so these are folks that have accrued time as of November 30th and then also projected December 31 that would be the additional time that they earn as of this month.

So if I'm hearing correctly they're saying

Does that sound right?

Did we say that right?

That was a great motion.

I like that.

So the difference between what I was putting forth in terms of providing that payout for everybody is that those that stay would continue to accrue.

That's correct.

Yeah.

As opposed to being paid out.

Right.

Yeah.

Can I say one thing?

One of the reasons why that 80

The 80 hour cap is there.

It's because when I came in, the policy that was standing, Mr. Payne could comment on that, at times people would have thousands of hours built up.

And then they would vacate and they think they would get a payout.

And sometimes the sheriff's office would be left stranded with four or five vacancies and they would keep them on the books as long as they could.

So when I came in, I kept that policy that was recommended

But I actually lowered it to a two-week because a lot of times people give a two-week notice.

And I'm thinking, OK, well, let's put it at 80 hours.

They carry that over.

If they come in and say, hey, I want to give you my two-week notice, OK, your last day, come in, we'll do inventory, what have you.

And they will still get that 80 hours at a minimum.

But it's my understanding, a sheriff in the county, if they work together, can adopt the county's

personnel policy, which is actually much better than what ours is, and which would be phenomenal.

But I would recommend anyone else, Mr. Embry's coming in, if you do that, withdraw the grievance procedures, because then it takes away the sheriff's ability to terminate that will, hire and fire will.

And so that would be the only thing is,

I would recommend that the new sheriff's policy be the adoption of the county's personnel policy.

That way, it mirrors everything that the county has with the accrual amounts and so forth.

All right.

Do we need any further candy?

Linda, do you got it?

Motion made.

Second.

Second from Mr. Parr.

Any further discussion?

We will do a vote by acclamation.

All those in favor say aye.

Roll call vote.

We're going to do a roll call vote.

Definitely do a roll call.

All right.

Mr. Reed.

Mr. Rutherford.

Yes.

OK.

Thank you.

All right.

Mr. Harvey.

Mr. Harvey.

Oh, sorry.

Mr. Parr.

All right, thank you all.

Moving on to the next item on the agenda, unless you guys want a break.

Consideration of requests to utilize existing local salary supplements as of January 1.

All right, we're going to do a five minute break.

Salary supplements.

Okay, so as you know from the packet, Sheriff-Collect Embrey has submitted a letter requesting authorization to utilize the existing local salary supplements within the current Sheriff's Department budget as of January 1, 2024.

This would be in order to reallocate those funds to secure staffing for existing positions.

Staff estimates the local funds available for this purpose to be $110,362.

This calculation was provided on the spreadsheet included in your packet.

Sheriff-Elect Embrey was advised by staff to ensure that employee salaries are at least equivalent to the minimum of the positions assigned pay band in the county's pay plan and also per state code that they are equal to or greater than the state compensation board salary for the position.

He is also requesting an additional $29,000 to accomplish his desired restructuring of the department which is shown here on an organizational chart and Mr. Embrey can review that with you in just a few moments.

The $29,000 is salary only, so there are associated benefit costs with that of 20.46%.

So the total annual cost of his request would be $34,933.

For the remainder of this fiscal year, that amounts to $17,467.

We do have recurring contingency funds within the currently appropriated general fund budget, which would likely be the source of funds to cover this request.

as it would be an ongoing expense.

All right.

Anything to add?

Thank you all for the opportunity for the board meeting today.

This chart was created for functionality, if you will.

We do have bodies, certified law enforcement officers that I have met with that are coming in to replace these positions.

With this said, I have constructed this chart.

Again, this is from a flow, functionality, and effectiveness so that we can better serve the citizens of the County of Nelson.

Based on this, this is a hierarchy chart.

There are two positions and I'm happy to address each and every one or approach the chart however need be.

I firmly believe that this is the

and our current comp board salaries as well as what the county fully pays our deputies as well as supplemental pay.

We currently have 27 allotted deputies to this department.

Those that are fully comp funded, those that are county funded, I'm not asking for any new positions outside of that 27.

What I'm making do is a model within that 27 to where we can provide brain structure

so that we can again have working flow.

The rank structure that I'm looking at, and again, are there any questions thus far before I move forward?

Currently based on the PACE study that I have in front of me, as well as the structure of the current agency of the department, there are three lieutenants positions that are already funded.

There are two, if you look on that chart to your left under patrol captain,

There are two that are there that are currently funded based on this document that I have here in front of me.

There is also a lieutenant in school resource that is fully funded.

I believe that that is 100% on a grant.

So we already have those three positions.

Those three positions are funded.

What I'm asking for are the two positions, if you look to the left, sergeant's positions.

These are our first line supervisors, ladies and gentlemen.

These are critical key components

I am looking at the pay study from July, and based on what I have in front of me from July 5th of this year, I am looking at a minimum salary for this starting position of $57,214.

I am asking for the bare minimum not to exceed

What I want to do is take that position and what

here providing security to everyone here attending court, judges and so forth to have equal rank.

Equal rank, equal pay.

Are there any questions on that?

Finally, there's one additional position.

If you look above that, in order to run patrol, we're looking at 12 units.

In order to, there is going to be a position of captain.

We currently have one individual that currently holds the rank of captain within the department.

What I want to do, again, for better functionality, so that we have proper management, administration, and supervision over a completely different entity, I want to, again, not create the position, we're going to have a position at rank

in the parameters of what Nelson County has for a lot of positions.

So what I want to do is bring up pay from a current position that is a vacant position currently on our comp board and bring up to what the pay study says at fair minimum to ascertain that captain pay based on figures

What I have here that I believe is in your packet to be able to increase to get bare minimum based on those positions.

Again, we're looking to move up our court sergeant's position to equivalent pay of two sergeant's positions that are in patrol.

Lieutenant's are already funded, they're already staffed.

Captain's position

We have a vacancy in that.

Yes, any questions for Mr. Embrey at this time?

Question for Candy real quick.

Candy, does this need to be two motions or just one?

I think it would just be, well, you could do it as one but there would be two parts as you're indicating.

I've got a question because there's a couple

Task Force would be our Drug Task Force that would be affiliated with the Drug Task Force, J.

Task Force at Charlottesville.

Thank you.

Yes, sir.

Any other questions?

Okay, hearing none, so it is to allow him to use the supplement plus, what was that specific number, Candy?

34-9-33.

I don't want us to micromanage.

You won this job, and we mean to support you in that.

Yes, sir.

And that's the only comment.

What I said before, it doesn't matter to me who the sheriff is, as long as he serves the people of Nelson County.

Yes, sir.

I know you will.

Do we have a motion?

So to allow, just remember to use the supplement funds and the addition of 34977.

If you're going to talk.

It's very important to me that you two people cooperate with each other.

I think you will.

I know I've talked to you individually.

Because I know you both.

I know you both love Nelson County and the people of Nelson County.

And elections happen, and different people come to offer, for whatever reason.

The people have spoken.

And the people want you to do well.

Yes, sir.

All right, so that's the motion.

That's the motion.

All right, do we have a second?

I'll second.

Second from Mr. Reed.

Any further discussion?

Mr. Harvey.

Mr. Barton.

Yes.

Pardon.

Yes.

Mr. Reed.

Yes.

Mr. Rucker.

Yes.

All right.

Any other business that this board needs to bring up at this time?

Hearing none, let's get a motion.

Do we have to continue or adjourn?

We adjourn because it's your turn.

Get a motion to adjourn.

So moved.

Motion for Mr. Parr.

Is there a second?

Second.

Second for Mr. Reed.

Any further discussion?

Vote of acclamation.

All those in favor say aye.

Aye.

Objections?