Virginia Municipal League

Building Better Communities Through Sound Government

BETTER COMMUNITIES THROUGH SOUND GOVERNMENT

VML eNews, the newsletter of the Virginia Municipal League, is published every other week except during sessions of the General Assembly. During legislative sessions it is published weekly. The newsletter includes up-to-date information on activities at the state capitol, including the General Assembly, and in the U.S. Congress and within the VML family of local governments.

Editor: Rob Bullington  |  Associate Editor: Manuel Timbreza

eNews

 

This edition of eNews is sponsored by:

Since 1988, Southern Software has been dedicated to building the best software using proven cutting-edge technology, developed with an intimate, personal understanding of our clients’ needs. We back that Software with industry-leading domestic support and training. Read more >

 

In this issue:

Grants

Annual Conference

Transportation

Behavioral Services

Events & Opportunities

 

Grants

Trainings to help small & mid-sized localities develop competitive infrastructure grant applications

This fall, the Local Infrastructure Hub and the National League of Cities are hosting a series of bootcamps to help small and mid-sized cities with populations up to 150,000 develop competitive funding applications for federal infrastructure grants. Registration will run August 12 – 31.

Spots are limited, so be sure to register your city today!

NLC Contact: Jonathan Kuhl, kuhl@nlc.org

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Annual Conference

Matt Lehrman to bring acclaimed sessions on civility to Mayors Institute & Annual Conference

VML is pleased to announce that Matt Lehrman will be presenting to attendees of our 2022 Mayors Institute & Annual Conference.

Over the course of nearly four decades, Matt Lehrman turned a career that started as an advocate for big business into a mission for all voices to be meaningfully heard. Most recently, in partnership with long-time friend and former Scottsdale City Manager John Little, he founded Social Prosperity Partners to facilitate courageous conversations that inspire companies, causes, and communities towards resilience, innovation, and collaborative action.

In addition, Matt presents original workshops to CEOs, business owners, and key executives as a national speaker to VISTAGE®, the world’s leading business advisory, and executive coaching organization.

Learn more about Matt here >.

Topics to be covered

Mayors Institute – Saturday, October 1

A COURAGEOUS CONVERSATION ABOUT CIVILITY – Mayors are uniquely responsible for setting the standard of meaningful and respectful discourse in their communities. This facilitated discussion (i.e., no lecture!) invites mayors to candidly share concerns, insights, and aspirations for the qualities of leadership that actually bring people together.

Annual Conference Opening Session Keynote Address – Sunday, October 2

FROM CONFLICT TO CONVERSATION – Must disagreement be disagreeable? Amidst unprecedented disruption and uncertainty, there’s never been a more necessary time for elected, appointed and staff community leaders to learn how to tackle complex and sensitive issues in ways that leave people feeling heard, respected, and empowered.

Annual Conference Breakout Session – Monday, October 3

LET’S TALK: CONFLICT TO CONVERSATION – How are you moving your community From Conflict to Conversation? What challenges are you facing and what do you specifically hope to achieve? Keynote presenter Matt Lehrman facilitates a follow-up discussion that invites attendees to seek practical insight and advice from a panel of Virginia community leaders. Come prepared to “wear your heart on your sleeve” about how to engage more people and gather agreement around whatever you hope to accomplish in your community.

Accolades for Matt Lehrman

“Matt presented From Conflict to Conversation at our 100th annual conference. The feedback from our members was nothing short of outstanding. Many said it was their favorite session of the conference. Matt is an excellent speaker who is thought-provoking and inspiring, and he incorporated an interactive portion to his session that our members loved.”

-Karen Rosen, Colorado Municipal League

“Matt Lehrman delivered a rousing and substantive closing keynote for our Annual Conference … He speaks with authority, insight, and great energy.”

-Matt Lore, Communication and Education Director, League of Arizona Cities and Towns

“Matt Lehrman headlined our 2020 Annual Convention where his From Conflict to Conversation keynote blew our members away…Highly recommend this inspiring, resilient and well-informed speaker.”

-Eric Conrad, Director of Communication & Educational Services, Maine Municipal Association

“Matt’s strategic planning consultation sparked a powerful united vision for Norfolk’s consortium of arts & cultural organizations. Towards the residents of our region and from the perspective of cultural tourists, he showed us how to combine the City of Norfolk’s arts, sciences, animals, history, and cultural attractions into a high-performance super species!”

-Greg Bockheim, CEO, Virginia Zoo

VML Contact: Rob Bullington, rbullington@vml.org

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Deadline for VML Innovation Award nominations is 5:00 PM on Monday!

The deadline is to submit your locality’s entries for the 2022 VML Innovation Awards is 5:00 PM on Monday, August 15.

VML encourages all our members to use this opportunity to spotlight programs and individuals that have made a big difference with innovative solutions to address emerging needs in the community.

Award-winning projects typically demonstrate innovative ways of delivering services, addressing community needs, or significantly improving an existing service.

One winning project from the category winners will be selected for the top prize – the coveted President’s Award!

The awards will be presented at VML’s Annual Conference in Richmond in October.

More details and a link to the official entry form are available here >.

VML Contact: Manuel Timbreza, mtimbreza@vml.org

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Transportation

Localities that maintain their own roads should participate in VDOT study that could affect funding formula

Every locality that receives urban street maintenance payments from VDOT should be aware of the study outlined below and is STRONGLY encouraged to engage with this study. This is because the results of this study could impact every locality that maintains their own roads.

The recommendations that are developed because of this study could impact all cities and towns that maintain their own roads and for this reason every locality responsible for road maintenance should be engaging with this process.

A list of localities that maintain their own roads can be found here >.

Background

The biennial budget passed by the General Assembly and signed by Governor Youngkin in June included a provision directing VDOT to conduct an evaluation of city street conditions. VDOT has begun the process of assembling this group; any city or town that maintains their own roads and streets should have been contacted by now.

VDOT is directed by the budget to:

  1. Conduct an assessment of pavements on streets and bridges across Virginia.
  2. Review the formula for urban street maintenance payments to cities and towns to include comparisons of age, condition, vehicle miles traveled relative to per mile payments.
  3. Look for opportunities for efficiency through partnerships.
  4. Provide recommendations, if any, for revision to the existing formula used to distributed urban street maintenance payments.

VDOT has until December 1, 2023, to complete their assessment. VML will continue to update members as this study is conducted.

VML Contact: Mitchell Smiley, msmiley@vml.org

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Behavioral Services

Alternative custody workgroup hears testimony; begins discussion of recommendations

Topics addressed during the third meeting of the Alternative Custody Workgroup which met in Richmond on Tuesday, August 9 included:

  • Finding better ways to help people in crisis by using alternative services or facilities besides hospital emergency rooms
  • Understanding and addressing the issue of community services board crisis staff attempting to find a treatment beds in short order for numerous individuals simultaneously
  • Understanding the limitations of paying off-duty officers or using auxiliary officers to stay with individuals for hours or days in an emergency room.

The workgroup was created by legislation approved by the 2022 General Assembly.

The current model for serving individuals with a behavioral health crisis and an emergency custody order (ECO) in a regular hospital emergency department is not ideal for patient outcomes. Finding ways to divert someone in crisis by employing other services, such as mental health co-responders, or sending them to specialized facilities to address behavioral health crisis situations, such as crisis receiving centers or Crisis Intervention Team Assessment Centers (CITAC) would benefit these individuals, stated Joran Sequeira, MD, representing the Virginia College of Emergency Physicians.

Sequiera brought up the safety risks to emergency department staff working with individuals in crisis.  She recommended that Virginia look at increasing beds and staff at private hospitals; providing grant funding to hospitals to hire and train specialized security staff and hiring peer specialists with de-escalation training.  She also discussed the shortfalls of current laws surrounding medical temporary detention orders which could otherwise divert intoxicated individuals from unnecessary medical evaluation.

Ryan Dudley, LCSW, director of crisis services for Hampton Newport News Community Services Board (CSB) told workgroup members how the CSB response to ECO cases has grown substantially and outlined some of the issues faced by CSB staff in these situations. These included assessing and addressing the needs of 10 or more individuals at a time in an emergency room; making inquiries to numerous hospitals across the region or state to find a treatment bed for each individual when necessary; and dealing with the constantly changing situation of wait lists for private and public hospitals.

Dudley addressed the adverse impact of delayed admissions on patients, law enforcement, and hospital staff and said that someone voluntarily seeking help who experienced extended waits or adversity in seeking help would likely not voluntarily seek help in the future, which would eventually create more issues for individuals and the behavioral health/physical health system.

Dudley also suggested that more levels of assessment and care were needed, including CITACs and CITs along with emergency rooms, and continuing committed funding and less administrative red tape to go with it.

The Commission discussed items raised in their first two meetings that could be considered possible workgroup recommendations. These items were as follows:

  • Develop a variety of solutions and tailor them regionally to address alternative custody, such as expanding the state’s alternative transportation contract; funding expansion of the DBHDS off-duty deputy program to areas outside of Southwest Virginia; and providing funding to develop or expand successful local programs, such as the co-responder program in Fauquier or CITACs in other areas.
  • Develop an option for an alternative custody pilot program, which could include an expanded contract with Allied Universal Security which holds the state’s alternative transportation contract and provides security services in hospitals in other states. This would require hiring of additional personnel and training of existing alternative transportation staff by Allied.
  • Create an ECO/TDO Code Clarification group to more clearly define criteria necessary to issue TDOs, define the terms “custody” and “execution” regarding ECO/TDO processes; clarify Medical TDOs and custody of a patient in this situation.
  • Develop training programs to promote better understanding and consistent application of ECO/TDOs statewide.
  • Develop standards around re-evaluation of patients during the ECO process and particularly during any delayed TDO admission for possible diversion to a more appropriate treatment option than a state or private hospital bed.

Additional topics for potential exploration include:

  • regionalization of custody;
  • custody by a “facility” rather than making local law enforcement responsible for custody;
  • looking at crisis options such as receiving centers;
  • re-examining the ECO timeframe, which is the shortest in the country;
  • increasing permanent supportive housing and other housing options;
  • examining “inability to care for oneself” to see if such individuals really require law enforcement custody;
  • looking at possible development of special emergency centers or units; and
  • examining solutions that are the least traumatizing for individuals in crisis

The workgroup will hold its next meeting on Aug. 25 from 1-3 p.m. in the Monroe Building in Richmond.

VML Contact: Janet Areson, jareson@vml.org

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Events & Opportunities

Mid-Atlantic ADA conference happening October 11-13 in Alexandria

The Mid-Atlantic ADA Center’s Annual Conference, which will be in Alexandria October 11 through October 13 is a great opportunity to learn about the American Disabilities Act and to network with others who have expertise and an interest in the ADA.

Information and registration are available here >.

Mid-Atlantic ADA Contact: Ann Deschamps, adeschamps@transcen.org

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National Civic Review summer edition now available for VML members

Civic learning, a key ingredient of any successful democracy, can take a variety of forms and ought to occur in multiple settings, not just high school classrooms. In this issue of the National Civic Review, published in collaboration with the Kettering Foundation, the National Civic League explores some of the successful strategies that educators, librarians, nonprofit groups, debate associations, public agencies, and collaborative partnerships are adopting to provide or encourage effective civic learning.

To access this edition, go to the table of contents where you will be prompted to enter your unique access code: VML22.

VML Contact: Rob Bullington, rbullington@vml.org

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This edition of eNews is sponsored by:

 

 

PMA Architecture is a group of architects and designers committed to planning, creating and preserving places that enhance our perception and understanding of the natural and built environment. Read more >

In this issue

VML Events & News

Economy

FOIA

Human Services

Opportunities

 

VML Events & News

Op-ed: Bipartisanship and cooperation make Virginia opioid settlement distribution a national model

On Thursday, July 28th, the Virginia Mercury published the following op-ed by VML Executive Director Michelle Gowdy.

In the coming weeks, Virginia and each of its cities and counties will begin to receive the first of several payments from recent legal settlements with the country’s three largest wholesale drug distributors and a major opioid manufacturer that helped fuel the devastating opioid crisis. Virginia and its numerous localities will receive a combined $530 million as part of a multi-year, $26 billion national settlement with the drug distributors AmerisourceBergen, McKesson, Cardinal Health and the opioid manufacturer Janssen Pharmaceuticals.

As executive director of the Virginia Municipal League and a former county attorney and prosecutor, I’ve had a front-row seat to the tragic impacts of opioid addiction on our communities. I am grateful that Virginia’s localities worked together to commit to spend a substantial portion of these settlement dollars on opioid abuse prevention, treatment and recovery programs.

Read the full article on the Virginia Mercury website here >.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Free Event: FOIA/COIA Training & OSHA Risk Mitigation

VML and various stakeholders including the Virginia Risk Sharing Association are pleased to offer a morning of FOIA/COIA training followed by presentations on topics critical to local risk mitigation such as new cybersecurity reporting requirements, marijuana legislation and reasonable suspicion, and OSHA updates (see below).

  • Date / Time: August 31, 9:00 am – noon (complimentary lunch following the sessions)
  • Location: Marion Police Department (307 South Park Street, Marion, VA 24354)
  • Registration: Available here >

VOSH is Heating Up: Is your organization up to date with new guidance?

The newly drafted OSHA Heat Stress Emphasis Program is now in effect.  This short discussion will cover the new emphasis program as well as steps your organization should take if VOSH shows up. VRSA experienced safety consultants provide site and security assessments; program and policy review; and risk management trainings and workshops. In addition, the VRSA Online University provides free, unlimited courses tailored to meet our members’ needs. Subject areas include public safety, cybersecurity, human resources, and OSHA training.

VML Contact: Rob Bullington, rbullington@vml.org

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Final call for Innovation Award nominations – August 15 is the deadline!

If you’ve been putting off submitting your locality’s entries for the 2022 VML Innovation Awards…time is running out to spotlight programs and individuals that have made a big difference by creating innovative solutions to address emerging needs.

Award-winning projects typically demonstrate innovative ways of delivering services, addressing community needs, or significantly improving an existing service.

One winning project from the category winners will be selected for the top prize – the coveted President’s Award!

All entries must be received via e-mail by 5:00 p.m., Monday, Aug. 15, 2022. The awards will be presented at VML’s Annual Conference in Richmond in October.

More details and a link to the official entry form are available here >.

VML Contact: Manuel Timbreza, mtimbreza@vml.org

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2022 Annual Conference updates

Just announced: Rich Schragger will speak to conference attendees during the Closing Session on Tuesday, October 4th. Schragger joined the University of Virginia faculty in 2001 and was named the Perre Bowen Professor in 2013. His scholarship focuses on the intersection of constitutional law and local government law, federalism, urban policy, and the constitutional and economic status of cities. He also writes about law and religion. He has authored articles on the Establishment and Free Exercise clauses, the role of cities in a federal system, local recognition of same-sex marriage, takings law and economic development, and the history of the anti-chain store movement. He teaches property, local government law, urban law and policy, and church and state.

His first book City Power: Urban Governance in a Global Age was published in 2016. His forthcoming book The City in the Future of Federalism will be published in the fall of 2022.

Also announced: Panel to discuss “Looking for Outside Experts?  When is that a Good Idea?”

In the normal course of running a government, there are many situations that come up that you don’t have the expertise to handle.  How do you know when you should gather the best minds in the government building or the community to tackle the situation, and when you should look to outside experts to help?  Why would you hire a mediator?  When would you ask for help from a neighboring jurisdiction?  Would a state University be able to help? Our three panelists will discuss the pros and cons of hiring “outside experts” as they offer some practical advice and guidance.

  • Suzette Denslow, Consultant and Mediator, and long-time state and local government official
  • Cynthia Hudson, Sands Anderson, and long-time state and local government official
  • Charles Hartgrove, University of Virginia Institute of Government Director, and long-time state and local government official

About the VML Annual Conference

Join your fellow VML members in our amazing capital city this fall for our annual gathering for local government officials and staff to learn from each other and subject matter experts from a variety of disciplines and agencies necessary to support effective local governments in Virginia.

Both the Annual Conference and the Mayors Institute that precedes it will be held at the Downtown Marriott in Richmond. The city will hold a Host Night the evening of Sunday, October 2nd at the reimagined Virginia Museum of History and Culture in the heart of Richmond’s Museum District.

  • The link to register to VML’s Mayors Institute (Oct. 1-2) is available here >.
  • The link to register for VML’s Annual Conference (Oct. 2-4) is available here >.

Also available on the above pages are links to reserve hotel room blocks and to view the preliminary agendas. Keep an eye on these pages as more information will be added in the coming weeks!

VML Contact: Rob Bullington, rbullington@vml.org

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VML policy committees complete their meetings

VML’s five policy committees have completed their meetings for 2022. The committees met over the last two weeks to hear from speakers about current and emerging issues, discuss the issues and their impact on Virginia communities, and develop policy language and potential legislative positions on select topics.

Once the committees give final approval to their draft policy statements, those statements will be posted on the VML website (and members notified of their posting) so they can review them before they are discussed and adopted during the VML Annual Business Meeting during the VML 2022 Annual Conference in Richmond (October 2-4).

The proposed legislative recommendations will be taken up by VML’s Legislative Committee at its next meeting in early September. The positions adopted by the Legislative Committee will be posted to the VML website before they are taken up during the VML Annual Business Meeting.

This year’s policy committees received briefings and discussed issues including school construction funding; local and regional jail per diems and adherence to Code of Virginia requirements regarding state prisoner pick-ups from jails; behavioral health alternative transportation and custody issues; transportation funding; energy and environmental issues updates; the impact of changes in state tax policies (i.e., the grocery tax);  short-term rentals; affordable housing; FOIA issues; cybersecurity requirements on local governments; broadband procurement; and traffic stop laws and impact on local public safety.

VML thanks all the local officials who participated on policy committees this year.

VML Contact: Janet Areson, jareson@vml.org

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Economy

Tax Cuts: Economic boon or local government disaster?

Each local government in Virginia faces a unique set of fiscal challenges. A jurisdiction with a growing population and tax base has a different set of challenges than cities and rural localities experiencing declining population and growth.

In 2020 and 2021, the United States Congress appropriated historic amounts of financial aid to Virginia’s state government and local governments to help them survive the pandemic. Starting in 2020, the Congress and President also began delivering cash payments to individuals and businesses to help keep them afloat. This cash flowed through Virginia’s economy and helped increase state revenues much higher than any economists could have predicted during the onset of the pandemic. For the 2020 – 2022 biennium, the state government derived 77 percent of its general fund from taxes on the income of individuals and corporations and 15.6 percent from sales taxes.

Virginia’s local governments, however, did not benefit as much from Congressionally induced economic activity because of their reliance on revenue from personal and real property, which accounted for 74 percent of all local government tax revenue in Virginia (according to the latest data from the UVA Weldon Cooper Center for Public Service).

Uncertain economic times distribute uncertainty unequally

According to the National Association of State Budget Officers (NASBO), 47 states experienced general fund revenue surpluses in fiscal year 2021. Many of those states, like Virginia in 2022, responded by cutting taxes. Virginia, like 33 other states, also ended fiscal year 2021 with a record balance in reserves. Virginia’s local governments, however, do not possess the same flexible authority to collect revenues as the state.

According to the most recent data available from Virginia’s Auditor of Public Accounts (APA), 61 of 170 reporting localities ended fiscal year 2020 with lower cash reserve balances than fiscal 2019. This use of cash reserves by local governments makes sense given the onset of the pandemic during the second half of fiscal year 2020.

However, some localities are clearly in more dire fiscal straights than others. Of the 11 cities that saw declining revenue reserves, the average decline was 2.65 percent of total revenues. Of the 35 counties that saw declines, the average reduction was 4.83 percent of total revenues. Of the 15 towns that saw their revenue reserves decline, average drop was 7.34 percent.

The time to conserve local revenue is now!

In this environment of heighted fiscal uncertainty, the Virginia General Assembly considered multiple bills to restrict local revenue in 2022. Legislators carried bills to restrict or repeal local revenues from real property, local sales, and business licenses and fees. In 2021, these sources on average accounted for 54 percent, 52 percent, and 38 percent of revenue for cities, counties, and towns, respectively. Though momentarily defeated, these bills will return with better political odds in 2023.

With costs increasing for working Virginians and the potential for a recession in 2022, now is the time to start talking to your local Delegates and Senators about the fiscal reality for your locality. The financial health of Virginia’s local governments, including the ability to respond to events and protect the public, could be jeopardized if legislators do not proceed through the legislative process with care. Hasty “repeal and replace” proposals – whether on BPOL, car tax, grocery tax – are not the beginning of a real conversation on how to address the issue. Local governments and the citizens they serve have seen that dog and pony show before.

Case in point, this Associated Press story ran on January 24, 1995 (click on the headline to view the full article):

As was said before and will be said again: Virginia local governments need more financial flexibility – not less – to provide the services the public expects. It is truer in 2022 for many local governments than it was the last time this circus was in town.

VML Contact: Carter Hutchinson, chutchinson@vml.org

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FOIA

FOIA council subcommittee discusses email redaction legislation

On Tuesday, July 26th, one of the Freedom of Information Act (FOIA) subcommittees met to discuss HB980 (Graves). Introduced on behalf of Virginia Beach, HB980 was proposed during the 2022 General Assembly Session and sent to the FOIA council for review.

The proposed legislation adds email addresses as information that, when furnished in confidence to the local governing body, with respect to complainants in local investigations are exempt from disclosure under the Virginia Freedom of Information Act. The bill expands the applicability of the exemption to zoning enforcement complaints for all such complaints, not just individual enforcement complaints. The bill also adds local public health and safety, nuisance, and waste and recycling complaints to the list of complainants whose personal information is exempt from disclosure.

There was a lot of discussion and concern on the impacts of this bill. Ultimately it is going to be reworked and sent to the full Council in the fall with some objections and concerns still lingering. Stay tuned!

VML Contact: Josette Bulova, jbulova@vml.org

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Human Services

Commission on youth workgroup focuses on local juvenile detention facilities

Are there too many local and regional juvenile detention facilities in Virginia? With the declining population of youth served in the system, should the current 24 mostly regional facilities be encouraged to consolidate or close? Could any of them be re-purposed?

These questions are at the center of an advisory group examination into the effectiveness and efficiency of Virginia’s detention center system. The advisory group was formed by the Virginia Commission on Youth (VCoY), a legislative commission chaired this year by Delegate Emily Brewer.

The advisory group is chaired by Senator Dave Marsden, who brought the issue forward to the Commission. His concerns center around the high costs to educate smaller populations in these centers (there are state requirements governing educational/teacher requirements) and the overhead required to run centers that have been experiencing population significant declines over years. To be fair, while populations have been declining, the steep drops that took place in 2020 through 2022 could be more an aberration given the pandemic’s impact on many programs affecting youth.

The advisory group has held two meetings this summer, with a third scheduled for Aug. 16 at the Fairfax County Government Center.

At the July 26 meeting held at the Vinton Public Library, the group heard the results of a survey of local detention homes and a presentation from nonprofit provider of residential services for youth. The group also toured the Roanoke Valley Juvenile Detention Center.

Juvenile detention homes are operated by local governments or multi-jurisdictional commissions.  Funding comes from local governments and the state, but the local governments/commissions own the facilities.

The Department of Juvenile Justice has been partnering with nine detention homes to provide community placements (CPP) to allow certain youth to serve their terms in facilities closer to their home community. Those programs are highly structured and focused; state funding helps pay the costs of the placements, but the local detention homes provide the staffing and some funding as well. However, it appears that the state is pulling back on these placements.

For presentations and information for the advisory group, visit the VCoY meetings website here >.

VML Contact: Janet Areson, jareson@vml.org

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Opportunities

Broadband Stakeholder Advisory Group seeks INPUT!

HB445 (Murphy) / SB446 (Boysko) were bills that required the Department of Housing and Community Development (DHCD) to convene a stakeholder advisory group for the purpose of evaluating local and state policies, procedures, or ordinances to facilitate the expansion of high-speed broadband service and associated infrastructure in new residential and commercial development.  This study is to be complete by September 30, 2022.

This group has requested input on their proposed recommendations. These recommendations along with the presentation that DHCD used at their recent meeting are available using the links below:

Please review the documents and provide feedback before August 4th to:

VML Contact: Michelle Gowdy, mgowdy@vml.org

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UVA School of Data Science; Weldon Cooper equity clinic – priority given to small and mid-size localities

August 8th is the deadline to apply to participate in the 2022-23 Equity Clinic series sponsored by the University of Virginia’s School of Data Science and the Weldon Cooper Center for Public Service. The program is free of charge for chosen participants.

This program is designed for local government employees interested in learning how to use data to promote equity and inclusion within their communities. The program features opportunities for leadership training and resources, participate in speaking and writing opportunities, and network and connect with equity leaders.

The ideal candidates are local government practitioners who:

  • Have an interest in equity who have not already had significant training in diversity, equity, and inclusion.
  • Want to leverage equity to better serve their communities and expand their professional/personal network of local government professionals similarly invested in building equitable communities.
  • Want to operationalize equity in their role but do not have the comfort level to do so.

Priority will be given to smaller and mid-size localities with fewer resources. Human capital, funding, knowledge, and tools are all necessary to develop equitable organizations and communities, which is why the Equity Clinic helps advance this work free of charge.

The Equity Clinic meets twice monthly; one session features a guest speaker, and the other is a work session that builds off the speaker session. Sessions may include readings, movies, presentations by subject matter experts, and lots of robust discussion.

To learn more and apply for this program before the August 8th deadline:

Weldon Cooper Center Contact: https://vig.coopercenter.org/contact

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This edition of eNews is sponsored by:

 

Lumos provides high-speed fiber internet, wall-to-wall Wi-Fi, voice, and Streaming TV services to residential and business customers across Virginia and North Carolina. Read more >

In this issue

VML Events

Finance

Human Services

Infrastructure

Housing

Events & Opportunities

 

VML Events

2022 Mayors Institute & Annual Conference: Registration now open!

Join your fellow VML members in our amazing capital city this fall for our annual gathering for local government officials and staff to learn from each other and subject matter experts from a variety of disciplines and agencies necessary to support effective local governments in Virginia.

Both the Annual Conference and the Mayors Institute that precedes it will be held at the Downtown Marriott in Richmond. The city will hold a Host Night the evening of Sunday, October 2nd at the reimagined Virginia Museum of History and Culture in the heart of Richmond’s Museum District.

  • The link to register to VML’s Mayors Institute (Oct. 1-2) is available here >.
  • The link to register for VML’s Annual Conference (Oct. 2-4) is available here >.

Also available on the above pages are links to reserve hotel room blocks and to view the preliminary agendas. Keep an eye on these pages as more information will be added in the coming weeks!

Any organizations interested in exhibiting at the conference or becoming a sponsor of either event should contact Rob Bullington at the below email address.

VML Contact: Rob Bullington, rbullington@vml.org

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Save the date: FOIA/COIA Training and Risk Mitigation Awareness

VML is working with various stakeholders to conduct a morning of FOIA/COIA training and presentations on topics critical to local risk mitigation such as new cybersecurity reporting requirements, marijuana legislation and reasonable suspicion, OSHA updates, and more!

  • Date: Wednesday, August 31
  • Time: 9:00am – 12:00pm
  • Place: Marion Police Department (307 S Park St, Marion, VA 24354)

More information will be posted to VML’s online calendar soon and in subsequent editions of eNews.

VML Contact: Rob Bullington, rbullington@vml.org

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Finance

Newly established work groups with local finance implications

Now that the state budget has been adopted, it is time to turn attention to the stakeholder work groups that were established by legislative directive this year. Every year different “work groups” (some of which are referred to as “studies”) are established by state legislation, or by the directive of state legislators or the Governor, to examine a policy issue that the General Assembly may take up in the future. Typically, the work group is directed to report back to the legislature by a certain date, often before the next regular meeting of the General Assembly.

Another method by which a work group can be created occurs when a bill is “continued” – meaning defeated for the year but may come up again next session – and the bill patron receives what’s called a “chairman’s letter” directing a group of stakeholders to work on revisions to the bill in the “off-season” to improve its chance of succeeding in the next legislative session.

Below are some of the work groups that were created this year looking at issues that could potentially affect local revenues. VML staff and members are participating in the workgroups and tracking their progress. If you have thoughts or questions regarding any of these or other off-season workgroups that were created by the 2022 General Assembly, please reach out to VML staff.

BPOL: How a bill becomes a “chairman’s letter” work group

HB698 (Keam) – Continued to 2023; this legislation would have, effective January 1, 2023, permitted any locality to, by ordinance, “exempt in whole or in part the license taxes or fees imposed by this chapter on any class of taxpayers. Such exemption shall be made only by general law and shall be uniform upon taxpayers operating in the same line of business, employment, or profession. The locality may determine the scope of any class of taxpayers so exempted in its discretion.”

In presenting HB698, Delegate Keam (D-Fairfax), said the following:

“Thank you, Mr. Chair. If I could just present from here [the dais], I’ll keep this somewhat brief. I do know that we have at least one person in the audience that might be willing to speak to this.

“This bill was brought to my attention as an issue that affects some industries. I am sure that there are many that would be falling into this category, but the issue is whether a particular industry may be double-taxed because of the way their business operates and the way our localities tax them through the BPOL [Business, Professional, and Occupancy License] taxes.

“We’re trying to find a way to see if we could narrowly tailor a solution to allow them the relief that they’re seeking. And what we realized quickly is that – as we all know, I don’t know of a single colleague of mine who likes BPOL, but I also don’t know a single person who can come up with a better substitute for BPOL that’s not something that’s going to unravel a pretty delicate set of laws that we have on taxes.

“And so, what I thought would be a good conversation starter that will provide the relief that these folks are seeking but also give us a chance to think about the future of BPOL, is – what if we made it an option for localities? For those localities that want to use BPOL, we would allow them to continue on as status quo. And those that want to exempt it for specific industries, or specific professions, that they would have the option to do so.”

“Now, I don’t know whether any localities would take that, but I thought that would at least be the beginning of a conversation about tax reform that’s so needed in the Commonwealth.”

Responding to Delegate Keam’s presentation, Delegate Chris Runion (R-Albemarle, Augusta, Rockingham counties) said the following:

“Mr. Chair, Delegate Keam, I share your comments about how unpopular BPOL is on both sides. But I also understand how important it is to our localities. So, I find myself very much in a quandary on this.”

“One of the concerns I would like to have addressed, Mr. Chair, would be – how can we assure that this can be administered fairly across the board? It’s somewhat difficult for localities, sometimes, not to pick winners and losers, and I believe personally in the marketplace to do that.”

“And I’m very sensitive and supportive of the challenge this thing creates for the cancer, the chemotherapy things, but I also don’t know that that same issue is for other industries and organizations. And so, I’m somewhat challenged to understand if this maybe is not the right vehicle to move forward, that there perhaps needs to be additional conversations about this, perhaps at a different time…”

“I would make a motion that we carry forward and request a letter from the chair of the committee asking for an additional study or workgroup…”

And thus, the BPOL work group was born. VML will keep our members appraised of its progress (or lack thereof).

Transient Occupancy Tax and Property Tax: Budget and legislative work groups get to work

HB518 (Head) / SB651 (Vogel) – Enacted; these bills directed the Virginia Department of Taxation to “convene and facilitate a work group to examine the processes currently used to collect local transient occupancy taxes and make recommendations for improving the efficiency and uniformity of those processes”. The Department is directed to submit a report to the General Assembly by October 31, 2022.

Item 275. D1, HB30 (Knight) – Enacted; the budget directed the Department of Taxation to “study and develop a proposal to require that all individuals who conduct local property tax assessments receive state certification and ongoing recertification to ensure more effective, consistent, and equitable assessments across all jurisdictions in the Commonwealth.” The Department is directed to submit a report to the General Assembly by November 1, 2022.

VML Contact: Carter Hutchinson, chutchinson@vml.org

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Human Services

Rebuilding and maintaining the human services careers pipeline

It’s not just a pandemic issue – the human services arena has faced staffing issues for a number of years.  The pandemic accentuated those issues evidenced by local governments scrambling to hire and keep staff in vital human services roles.

This spring and summer, a workgroup led by Dr. Bill Hazel, former Health and Human Resources Secretary for Virginia and current Senior Deputy Executive Director with the Claude Moore Charitable Foundation in Northern Virginia, has been examining the challenges in building and strengthening the human services career pipeline. The group has been staffed and assisted by consultants from Deloitte.

After several weeks of Zoom meetings, a group of state, local, and nonprofit representatives met on July 14 at Brightpoint Community College in Chester to discuss roadblocks and potential solutions to addressing human services workforce challenges.

Discussions revolved around financial, educational, regulatory, leadership, and career advancement issues. While no one solution was identified, several strategies were discussed and will be further developed. Local governments will be key to these efforts, and VML will be highlighting more about this collaborative effort later this year.

VML Contact: Janet Areson, jareson@vml.org

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Alternative custody group meets in Richmond

Addressing the impact of transportation and custody of individuals subject to a temporary detention order (TDO) or emergency custody order (ECO) due to a behavioral health crisis was a major issue during the 2022 General Assembly Session.  Specifically, legislators tried to find ways to ease the pressure on local police and sheriffs, whose officers have been spending not just hours, but days sitting with individuals in hospital emergency rooms while awaiting evaluation and referral to treatment. In addition to the time spent waiting in emergency rooms, local police and sheriffs lose time transporting individuals for placement, the location of which may be across the state from the community.

A study of alternative custody options was created out of 2022 legislation. This workgroup has now met twice in Richmond and will continue to meet through the summer, with recommendations due in the fall.

The workgroup has been seeking to understand current ECO and TDO processes and Code of Virginia requirements and how magistrates, local law enforcement, and potential alternative transportation or custody providers navigate this process and Code requirements. As usual, there are no easy answers.

The workgroup has heard presentations from police, sheriffs, and state staff from the executive and judicial branches about the issues to be addressed with custody and transportation and Code requirements and how other states are responding to similar issues with emergency room waits and inadequate treatment beds for those in crisis. At the July 12 meeting, members heard about a pilot between the Department of Behavioral Health and Developmental Services and Carillion to create a psychiatric emergency program that focuses on rapid evaluation, stabilization, case management discharge planning and placement as needed. The pilot has experienced success in diverting people from in-patient placement. Other states have had similar success with dedicated psychiatric emergency rooms.

The workgroup also heard about the opportunities and challenges that have transpired as a result of contracts between private providers and individual hospitals in North Carolina and Georgia where security staff trained in verbal intervention and de-escalation help safely serve individuals in crisis who are referred to behavioral health emergency rooms.

The workgroup will hold its next meeting on August 9th in Richmond. The meetings are in-person.

VML Contact: Janet Areson, jareson@vml.org

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Infrastructure

Solar Regulatory Advisory Panel’s Local Government work group crafts recommendations for future solar regulations

The Department of Environmental Quality has convened a Regulatory Advisory Panel (RAP) stakeholders group which is holding an ongoing series of meetings to develop guidance to inform regulations that will be developed as a result of the passage of HB206 (Webert) by the 2022 General Assembly. The purpose of this RAP is to develop “regulations regarding criteria to determine if significant adverse impacts to prime agricultural soils or forest lands are likely to occur as a result of proposed small renewable solar projects” developed under the Permit by Rule program. Only smaller scale solar and wind projects with rated capacities of 150 megawatts or less go through the permit by rule process, to date nearly all such projects have been solar projects.

The full RAP consists of dozens of local government representatives, solar developers, agricultural and silvicultural trade organizations, environmental groups, and state agency experts. Given the size of the full RAP, various work groups have been tasked with specific elements of the proposed regulations. One of these work groups is focused on local government impacts and is tasked with making recommendations to the full RAP.

The RAP’s Local Government work group met this past Monday (July 11) to consider recommendations to forward to the full RAP for possible improvements for local governments as they consider in approving proposed solar projects. There was a clearly recognized need among the group for more information from state agencies regarding various types of impacts and mitigation strategies for specific impacts once they are identified. Types of information include the definitions included in HB206 for what comprises an “adverse” impact (adverse impact to 10 acres of prime agricultural soils or 50 acres of timber) and what tools are currently being used.

As this Local Government work group continues to develop recommendations in the coming weeks, we remain concerned about possible recommendations to pre-empt local government zoning authority. Given that recommendations are still being developed, we remain wary of the potential for proposals that would pre-empt local authority. Recommendations will be given after July 22 at which point the full RAP will consider work group recommendations and interested parties will have a better understanding of the scope of possible recommendations.

The next meeting of the full stakeholder group is August 2nd in Richmond. More information about the next meeting of the stakeholder group can be found here >.

More information about the stakeholder group can be found on DEQ’s website here >.

VML will continue to monitor this workgroup and update members.

VML Contact: Mitchell Smiley, msmiley@vml.org

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Housing

Commission considers Virginia’s housing crunch

The Virginia Housing Commission met on July 13th to hear a series of presentations on the housing crisis in Virginia.

Before beginning the presentations, the commission announced that Elizabeth Palen was be appointed as the Executive Director for the Housing Commission. Palen stated that most of the commission’s work this year will be conducted via work groups consisting of legislators and relevant stakeholders. This model is like previous years in which the full commission served as a final vote on items rather than a venue for extensive deliberation.

The first presentation was given by Hamilton Lombard from the Weldon Cooper Center on “Demographic Trends in Virginia During the 2020s.” Mr. Lombard used data from the most recent census and compared the numbers and trends with data from 2010 to help provide context. One of the main takeaways from this presentation was the slowing of population growth and how it affects housing supply.

Next on the presentation list was Ryan Price from the Virginia Relators to provide the commission with an update on the housing market and trends in Virginia.  Mr. Price went over the current economic trends and how the bounce back of the pandemic compared to the great depression. Following the great depression, the economy took over three years to recover while Virginia has only taken slightly over a year and a half, this makes the economic trends look optimistic. Regarding job recovery, unemployment in Virginia has now returned to pre-pandemic levels (3%) but has taken several large hits in the number of people returning to the workforce in general. It was suggested that a wider range of housing types and price points be created to help keep up with the amount of demand.

Next to present was Andrew Clark from the Home Builders Association on residential land development and construction trends. In part this supply problem is based on record high costs for material goods such as lumber. As the supply shortage increases the affordability of housing decreases creating another problem where people cannot afford to live in the new homes being constructed.

Lastly, we heard brief comments from Bismah Ahmed from the Apartment and Office Building Association of Metropolitan Washington (AOBA) and Joe Ciszek from the Poverty Law Center about the current housing situation and goals.  Ms. Ahmed once again harped on the theme that supply is a major issue as well as inflation being a problem. She also mentioned that hourly wages are up 4% per hour as a benchmark for inflation rates in Virginia. Furthermore, lease renewal rates are down by 7% strengthening the claim that population has decreased. Mr. Ciszek mentioned that there has been a great shuffling within rental communities once again addressing the lease renewal trend. Furthermore, the issue of supply and affordability perpetuates eviction rates in Virginia.  These issues will be discussed by the Commission in their workgroups.

VML Contact: Josette Bulova, jbulova@vml.org

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Events & Opportunities

Grant opportunity: $2 million available for open space projects in Virginia; apply by August 10, 2022

The Virginia Outdoors Foundation is making $1.8 million available from its Preservation Trust Fund program and $200,000 from its Get Outdoors Fund for grants that protect open space for public use and other public benefits.

Preservation Trust Fund grants for the fall 2022 grant round will prioritize projects that result in significant public access but may also be used for projects that protect exceptional conservation values such as water quality, historic and cultural resources, wildlife habitat, and high-quality farmland and forestland. A real estate interest must either be acquired by a local government or conveyed to VOF to be eligible for funding, and protection must meet the requirements of Virginia’s Open-Space Land Act. There is no minimum or maximum on Preservation Trust Fund grants, but historically they have averaged approximately $150,000.

Get Outdoors Fund grants may be used to fund projects that create, protect, expand, or enhance access to open space in underserved communities. Proposals up to $25,000 may be considered.

The Get Outdoors Fund requires pre-applications to be submitted through VOF’s online grants portal by August 10, 2022. Invitations to submit a full application will be issued within one week of pre-application receipt. No more than 25 applicants will be invited to submit a full application. If an organization has been awarded more than $5,000 in a past grant round, the previous project must be completed before an applicant may reapply. Past applicants must submit new pre-applications. A resubmitted pre-application without significant revision will not be considered. In addition, applicants may not apply more than twice with the same concept.

Eligibility requirements, sample applications, and other materials may be found online at https://vof.org/ptf and https://vof.org/go. VOF encourages potential applicants to contact staff prior to applying to discuss eligibility and seek guidance on producing a successful application.

VOF Contact: grants@vof.org or (434) 282-7054

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Webinar on July 19 to address local government prioritization of IIJA funds

Infrastructure is a top concern for many local government leaders. Now that funds are available through the Infrastructure Investment and Jobs Act (IIJA), officials must determine what projects to prioritize.

Polco has partnered with the National League of Cities (NLC) on a new infrastructure survey to give a bird’s eye view of regional IIJA spending needs. The survey gives NLC context on how they can help communities across the US achieve infrastructure success.

On July 19 at 2:00 PM ET, Polco experts will host a free webinar to present the survey results and reveal national trends. Speakers will also discuss how resident feedback can help officials understand what infrastructure needs are most important in their community.

Register here >.

Attendees will learn about:

  • National infrastructure needs trends
  • How resident input can help leaders prioritize community projects
  • Best practices for infrastructure spending and decision-making

Keynote Speakers:

  • Michelle Kobayashi, Vice President of Innovation, Polco
  • Matt Fulton, Vice President of National Engagement, Polco

Polco Contact: Matt Fulton, matful@polco.us

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