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HomeMy WebLinkAbout10/9/2018 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 9, 2018 RESOLUTION 100918-1 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2019 SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of Statewide concern to be considered by the 2019 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2019 session of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2019 session of the Virginia General Assembly for its favorable consideration and adoption. (1) Transportation a. The County continues to be concerned about funding for our public highways and roadways, and respectfully requests: • Support and consideration of projects identified in the Regional Study on Transportation Project Prioritization for Economic Development and Growth (RVTPO TED Study, 2018); • Completion of the Interstate 81 Corridor Improvement Plan which is determining potential revenue sources and is targeting Page 1 of 6 improvements for Interstate 81, with projects located in the Roanoke Valley of utmost importance to Roanoke County; • Funding for construction of 1-73; • Support for a robust Revenue Sharing program with sufficient funding to encourage localities to target and improve roadways; • Opposing a pilot program for trucks over 90,000 pounds on 1-81 so as to avoid additional truck traffic on an over -crowded interstate. b. SMART SCALE • While the General Assembly through HB 2313 (2013) addressed transportation needs throughout the Commonwealth with the SMART SCALE program, the County urges continued close and ongoing monitoring and evaluation of the SMART SCALE model to ensure that local needs are met. • The County urges restored funding for the Secondary Six -Year Plan to fill in the funding gap for general roadways to assist local governments in providing needed secondary roads. (2) Telecommunications a. Broadband • The County strongly supports efforts to expand broadband capabilities in underserved and rural areas including protecting and enhancing local authority to deploy broadband or partner with others, public or private, to adequately serve unserved and underserved areas. Page 2 of 6 • Efforts to enhance the deployments of 5G technology must include expansion of high-speed service to rural areas. (3) Economic Development and Workforce Development • The Virginia Jobs Investment Program (VJIP) received a budget reduction of $3M for FY20 during the last General Assembly session. The restoration of these funds is paramount to the Virginia Economic Developers Association and to the Roanoke Valley. VJIP has supported the growth of 14 companies in Roanoke County over the last five years, leveraging the creation or retraining of 881 jobs and over $130MM in capital investment. Restoring and preserving job training funds is critical to support the training needs of growing companies. (4) Opioids • The County supports all efforts, both State and federal, to support solutions to the opioid crisis facing our citizens. (5) Children's Services Act • Propose legislation to allow the option of a public school special educational program established and funded jointly by a local governing body and school board for the purpose of providing special education, related services or both within a public day school. In the alternative, request that the Department of Education develop a pilot program in certain local school divisions allowing a process for redirecting federal, State and local funds, including CSA Page 3 of 6 funds for the purpose of providing services currently offered in a private day setting in the public school setting as an alternative. • Identify a patron from the local legislative delegation to pursue this mission. (6) Recreational Activities and Child Day Programs Exemption • Request clarification and amendment to Section 63.2-1715 of the State Code to except recreational and after school programs run by local governments from licensure and the Virginia Department of Social Services oversight. • Identify a patron from the local legislative delegation to sponsor the M (7) Advertising -Public Notices • The advent of social media and other electronic forms of communication has fundamentally reshaped the means for disseminating information to the public. • The County supports legislation that would grant localities greater flexibility to meet certain legal notice requirements including the authority to advertise legal notices on local radio, television or on the locality's website, in lieu of the newspaper advertisement requirement. (8) Law Enforcement and Mental Health • The County strongly supports a sustained focus by the State on Virginia's mental health services system to ensure, through Page 4 of 6 evaluation and investment, that appropriate and effective outpatient and in-patient services are available across the Commonwealth. • The County encourages reforms that provide for alternative placement for local jail inmates with serious mental health issues which should not be left to be addressed by jail personnel. (9) Local Retention of Revenue for Internet based services • Support the Commonwealth's position on any Internet Sales Tax revenues that allow for the greatest impact at the local level. This Board intends to follow the debate over the use of future funds to best fit maximum and optimal outcomes to the Roanoke Valley after the U.S. Supreme Court case, South Dakota v. Wayfair. (10) State and Local Fiscal Relationship • Specific local revenue authority should not be upended or restricted without granting alternative revenue sources, including Business, Professional, and Occupational Licenses tax and Machinery and Tool tax discussion. • The County requests that local governments be included in study commissions or other bodies formed to review local revenue authority or governance. (11) House Select Committee recommendations on School Safety • Roanoke County supports consideration of the House Select Committee on School Safety recommendations. Page 5 of 6 On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor Peters and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, Peters, Hooker NAYS: None ABSTAIN: Supervisor McNamara MN Deb�ah C. Jacks Chief beputy Clerqtpfhe Board of Supervisors cc: Ruth Ellen Kuhnel, County Attorney Page 6 of 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 9, 2018 ORDINANCE 100918-2 APPROVING AND AUTHORIZING THE EXECUTION OF A CABLE TELEVISION FRANCHISE AGREEMENT BY AND BETWEEN THE COUNTY OF ROANOKE, VIRGINIA AND COXCOM, INC., d/b/a COX COMMUNICATIONS, ROANOKE WHEREAS, by Agreement dated 1 November 2003, the County entered into a Cable Television Franchise Agreement for a term of 15 years with CoxCom, Inc. d/b/a Cox Communications Roanoke (hereinafter, "Cox"), which was authorized by Ordinance No. 102803-13; and WHEREAS, representatives of the County, along with representatives of Roanoke City and the Town of Vinton, have been renegotiating a renewal agreement with Cox; and WHEREAS, such negotiations have been completed and a Cable Television Franchise Agreement acceptable to the County of Roanoke, and also to the City of Roanoke and the Town of Vinton, has been reached, subject to approval by the Roanoke County Board of Supervisors and the respective governing bodies of the City and the Town; and WHEREAS, Cox is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; and WHEREAS, Cox remits taxes on its revenue to the Commonwealth consistent with the requirements of the Communications Sales and Use Tax, and such revenue is distributed to the County from the Commonwealth Department of Taxation; and Page 1 of 3 WHEREAS, the first reading of this ordinance and on the County's adoption of a revised Cable Television Franchise Ordinance was held on 25 September 2018, and the second reading and public hearing of this ordinance and the revised Cable Television Franchise Ordinance was held on 9 October 2018, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such matters; and WHEREAS, the Board of Supervisors previously passed Ordinance 102803-12, on 28 October 2003, Providing for One or More Non -Exclusive Franchises to Construct, Operate and Maintain One or More Cable Television Systems within the County of Roanoke, and such Ordinance shall remain in effect with this renewed cable franchise agreement between Cox and the County. BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows - 1 . ollows: 1. The Board of Supervisors hereby approves the terms of the Cable Television Franchise Agreement by and between the County of Roanoke, Virginia and CoxCom, Inc. d/b/a/ Cox Communications, Roanoke, as of 1 November 2018, attached hereto. 2. The County Administrator is authorized to execute, on behalf of the County, a Cable Television Franchise Agreement by and between the County and CoxCom, Inc., d/b/a Cox Communications Roanoke in a form substantially similar to the one attached hereto, and in a form approved by the County Attorney. Such Agreement will provide for a term of ten years, from 1 November 2018 through 31 October 2028, courtesy basic cable service for government and school buildings, and such other terms and conditions as are deemed to be in the best interests of the County of Roanoke. Page 2 of 3 3. The County Administrator is further authorized to take such further actions and execute such additional documents as may be necessary to implement and administer such Cable Television Franchise Agreement. 4. This ordinance shall be in full force and effect from its passage. On motion of Supervisor McNamara to adopt the ordinance, seconded by Supervisor North and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None A COPY TESTE: Deborah C. Jacks Chief Deputy Clerk t t Board of Supervisors cc: Mary Beth Nash, Senior Assistant County Attorney Elaine Bays Murphy, Director of Cable Access Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 9, 2018 ORDINANCE 100918-3 DECLARING SURPLUS AND AUTHORIZING SALE OF TWO (2) PARCELS TOTALING .505 +/- ACRES OF REAL ESTATE LOCATED AT 3319 AND 3323 WESTMORELAND DRIVE, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Roanoke County purchased two parcels of land (Tax Map #77.13-5- 30 and #77.13-5.31) authorized by two separate ordinances Ordinance #101398-6 and Ordinance #090898-9 respectively for the public purpose of facilitating an economic development project which never materialized; and WHEREAS, Roanoke County staff has been maintaining the two parcels since 1999 without identifying a new public purpose; and WHEREAS, staff solicited bids from the public by advertisement in the Roanoke Times for two consecutive weeks for sealed bids to be received by 5:00 pm, June 22, 2018; and WHEREAS, one bid was received so after a report by staff in Closed Session on June 28, 2018, the Board directed another attempt at publicizing the proposed sale; and WHEREAS, staff solicited bids for a second time from the public by advertisement in the Roanoke Times for four consecutive weeks for sealed bids to be received by 2:00 pm, August 31, 2018; and WHEREAS, one bid was received again which was reviewed in Closed Session on September 11, 2018; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the Page 1 of 3 first reading of this ordinance was held on September 25, 2018, and the second reading and public hearing will be held on October 9, 2018. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . ollows: 1. That the two parcels identified as 3323 Westmoreland Drive, Tax Map No. 77.13-5-30 (0.251 acres) and 3319 Westmoreland Drive, Tax Map No. 77.13-5-31 (0.254 acres) are hereby declared surplus and serve no ongoing public purpose. 2. That County staff is authorized to sell these parcels for an amount of fifty eight thousand six hundred and no/100 dollars ($58,600.00) after review of the solicited sealed bids received after proper advertisement and public hearing. 3. The buyers are Scotty Tanner and Gina Oakes Tanner trading as Nature's Emporium of Roanoke. 4. That the County Administrator or Assistant County Administrators are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. Page 2 of 3 On motion of Supervisor Assaid to adopt the ordinance, seconded by Supervisor North and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None OFPY TESTE: Deborah C. Jacks Chief Deputy Cler o the Board of Supervisors cc: Ruth Ellen Kuhnel, County Attorney Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 9, 2018 RESOLUTION 100918-5 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None A COPY TESTE: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 9, 2018 MT RESOLUTION 100918-4.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO PRISCILLA D. JOHNSON, SENIOR LIBRARY ASSISTANT, UPON HER RETIREMENT AFTER MORE THAN THIRTY-TWO (32) YEARS OF SERVICE WHEREAS, Ms. Johnson was employed by Roanoke County on January 2, 1986; WHEREAS, Ms. Johnson retired on October 1, 2018, after thirty-two years and nine month of devoted, faithful and expert service to Roanoke County; and WHEREAS, during Ms. Johnson's tenure with the Library Department, she has served as a Library Assistant and Senior Library Assistant and served with professionalism and dedication in providing services to the citizens of Roanoke County; and WHEREAS, Ms. Johnson ably contributed to the development of the system -wide fiction collection, enjoyed by patrons across Roanoke County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to PRISCILLA D. JOHNSON for more than thirty-two years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 1 of 2 On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None A CC3Plr1 TESTE: Deborah C. Jackd/ / Chief Deputy Cler o the Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 9, 2018 RESOLUTION 100918-4.d EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO C. MATTHEW VIAR, POLICE OFFICER -COMMANDER -PROFESSIONAL STANDARDS, UPON HIS RETIREMENT AFTER MORE THAN TWENTY-FIVE (25) YEARS OF SERVICE WHEREAS, Mr. Viar was employed by Roanoke County on August 18, 1993; and WHEREAS, Mr. Viar retired on October 1, 2018, after twenty-five years and one month of devoted, faithful and expert service to Roanoke County; and WHEREAS, during Mr. Viar's tenure with the Police Department, he quickly advanced through the ranks of Police Officer, Police Officer II, Sergeant, Lieutenant and finally to Commander; and WHEREAS, as he advanced through the ranks, Mr. Viar protected the citizens of the County and the Roanoke Valley with professionalism and dedication, while serving in the Uniform Patrol, Special Operations, and Services Divisions as both an officer and supervisor. Mr. Viar completed his service to the citizens of Roanoke County as the Commander in the Professional Standards Unit; and WHEREAS, during his career, Mr. Viar was extensively involved in the Traffic Enforcement Unit, first as an officer and later as a supervisor. While in the Traffic Enforcement Unit, he served as one of the most experienced fatality crash investigators within the Department and also was a motor carrier inspector. Mr. Viarwas one of the first Field Training Officers and he was a certified bike officer; and WHEREAS, Mr. Viar also served in various administrative functions including Evidence Vault Sergeant, Services Division Lieutenant and Commander in the Professional Page 1 of 2 Standards Unit. Within each of these roles, Mr. Viar performed in an exemplary manner. He contributed his skills to the development of the firearms range and driving center, was responsible for a successfully guiding the Department through the arduous CALEA Accreditation process and contributed talents to profess ionalizi ng the policy development and review process. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to C. MATTHEW VIAR for more than twenty-five years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None Page 2 of 2 )rs ACTION NO. A -100918-4.e ITEM NO. 1-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: ISSUE: October 9, 2018 Confirmation of appointment to the Economic Development Authority (EDA)(District) Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Thomas C. Gates County Administrator Confirmation of appointment BACKGROUND: Economic Development Authority (EDA)(Distrct) Ssunny Shah, Windsor Hills representative's appointment to the EDA expired September 26, 2018. Supervisor Joseph P. McNamara has recommended the reappointment of Mr. Shah for an additional four-year term to expire September 26, 2022. FISCAL IMPACT: There is no fiscal impact associated with these appointments. STAFF RECOMMENDATION: Staff recommends confirmation of this appointment. Page 1 of 2 VOTE: Supervisor Peters moved to confirm the appointment. Supervisor McNamara seconded the motion. Motion approved. cc: Jill Loope, Director of Economic Development Page 2 of 2 Yes No Absent Mr. Assaid ® ❑ ❑ Mr. North ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ Ms. Hooker ® ❑ ❑ cc: Jill Loope, Director of Economic Development Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 9, 2018 RESOLUTION 100918-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for October 9, 2018, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of minutes: August 8, 2018; August 28, 2018 Joint Meeting with Schools 2. Request to accept and allocate grant funds in the amount of $145,725 from the Virginia Department of Criminal Justice Services Virginia Victim Witness Fund 3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Priscilla D. Johnson, Senior Library Assistant, upon her retirement after more than thirty-two (32) years of service 4. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Jeffery S. Stump, Firefighter/EMT, upon his retirement after more than thirty (30) years of service 5. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to C. Matthew Viar, Police Officer- Commander -Professional Standards, upon his retirement after more than twenty-five (25) years of service 6. Confirmation of appointment to the Economic Development Authority (EDA)(District) Page 1 of 2 On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None A COY TESTE: Debarah C. Jacks ` Chief Deputy Clerk to 6t/Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 9, 2018 RESOLUTION 100918-4.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JEFFERY S. STUMP, FIREFIGHTER/EMT, UPON HIS RETIREMENT AFTER MORE THAN THIRTY (30) YEARS OF SERVICE WHEREAS, Mr. Stump was employed by Roanoke County on June 20, 1988; and WHEREAS, Mr. Stump retired on September 1, 2018, after thirty years and two months of devoted, faithful and expert service to Roanoke County; and WHEREAS, during Mr. Stump's tenure with the Fire and Rescue Department, he has served as a Paramedic/Firefighter, and Firefighter/EMT and served with professionalism and dedication in providing services to the citizens of Roanoke County; and WHEREAS, Mr. Stump always provided the outmost compassion when caring for any patient and would ease the patient's pain with his outgoing personality; WHEREAS, Mr. Stump was the unofficial Department historian and held all members of the Department to the highest standards of integrity; and WHEREAS, Mr. Stump used his natural mechanical ability to assist the Department in troubleshooting and repairing systems that the Department utilized on a daily basis such as the ID/Access door locking system, patient stretcher systems, small engine repairs, and countless other areas that would have otherwise required an outside vendor to repair thus saving the Department a tremendous amount of funds over his tenure. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to JEFFERY S. STUMP for more than thirty years of capable, loyal and dedicated Page 1 of 2 service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor McNamara and carried by the following roll call and recorded vote: AYES: Supervisors Assaid, North, McNamara, Peters, Hooker NAYS: None TESTE: Deb�.rah C. Jac Chief Deputy ClArkt6the Board of Supervisors Page 2 of 2