Loading...
HomeMy WebLinkAbout5/26/2020 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 2020 RESOLUTION 052620-1 APPROVING THE ROANOKE COUNTY PUBLIC SCHOOLS BUDGET FOR FISCAL YEAR 2020-2021 UPON CERTAIN TERMS AND CONDITIONS WHEREAS, State Code 22.1-93 requires the governing body of a County to prepare and approve an annual budget for education purposes by May 15 or within thirty (30) days of the receipt by the County of the estimates of State funds, whichever shall later occur; and WHEREAS, the Roanoke County School Board approved their fiscal year 2020- 2021 budget on May 14, 2020. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the fiscal year 2020-2021 Roanoke County Public Schools budget as set forth by the School Board's adoption on May 14, 2020, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None A Debd;�ah C. Jacks ✓ // Chief Deputy Clerk t9Xe Board of Supervisors Page 1 of 2 cc: Dr. Kenneth Nicely, Roanoke County Public Schools Superintendent Susan Peterson, Roanoke County Public Schools Director of Finance Rebecca Owens, Assistant County Administrator Laurie Gearheart, Director of Finance and Management Services Meredith Thompson, Budget Division Director 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 MAY 26, 2020 RESOLUTION 052620-2 APPROVING THE CREATION OF A NEW AGREEMENT WITH BOTETOURT COUNTY FOR MUTUAL FIRE AND EMERGENCY MEDICAL SERVICES WHEREAS, §§ 27-2, 27-4, and 27-23.9 of the Code of Virginia (1950), as amended, authorize local governments to cooperate in the furnishing of fire and emergency medical response and related issues; and WHEREAS, the County of Botetourt and the County of Roanoke have demonstrated a pattern of successful cooperation through the joint operation of the Read Mountain Fire Station; and WHEREAS, pursuant to an agreement dated May 10, 1990, the Roanoke County Fire and Rescue Department and the Botetourt County Fire and Rescue Department have been jointly operating the Read Mountain Fire Station, located at 43 Eastpark Dr., Roanoke, VA 24019 (the Fire Station Agreement); and WHEREAS, the Fire Station Agreement, which was previously scheduled to expire on May 11, 2020, has been continued in effect until June 30, 2020, in order to allow the localities additional time to create a new mutual aid agreement; and WHEREAS, upon the expiration of the Fire Station Agreement, Botetourt County will assume sole ownership and management of the Read Mountain Fire Station; and WHEREAS, it is proposed that a new mutual aid agreement between the parties be created, wherein emergency services will continue to be provided to all areas of both Botetourt and Roanoke Counties, as they are presently offered from the Read Mountain Fire Station. Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that: 1. The continued joint exercise of powers, privileges and authority with the County of Botetourt and the County of Roanoke, in the establishment and maintenance of mutual aid for emergency fire and medical services, is hereby approved. 2. The Board hereby authorizes the creation of a new mutual aid agreement with Botetourt County (which may become effective on or after July 1, 2020), to provide fire and emergency medical services in the Read Mountain area of Roanoke County, and the Masons Cove and Catawba areas of Botetourt County, in substantially the form as attached to this resolution, and authorizes the County Administrator and Chief of Fire and Rescue, or their designees, to execute this Agreement on behalf of Roanoke County, upon a form as approved by the County Attorney. 3. The Board further authorizes the County Administrator, or any assistant County Administrator, to execute an option for the purchase and sale of Read Mountain Fire station, in substantially the form as attached to this resolution, upon a form as approved by the County Attorney. 4. This resolution shall be effective from and after the date of its adoption. Page 2 of 3 On motion of Supervisor North to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None Debo?ah C. Jacks Chief Deputy Clerk to Board of Supervisors cc: Stephen G. Simon, Chief of Fire and Rescue Laurie Gearheart, Director of Finance and Management Services Meredith Thompson, Budget Division Director Page 3 of 3 AGREEMENT TO PROVIDE MUTUAL FIRE AND EMERGENCY MEDICAL SERVICES AID BETWEEN COUNTY OF ROANOKE AND THE COUNTY OF BOTETOURT THIS AGREEMENT is made this 26th day of May 2020, by and between the COUNTY OF ROANOKE, a political subdivision of the Commonwealth of Virginia (hereinafter "Roanoke County"), and the COUNTY OF BOTETOURT, a political subdivision of the Commonwealth of Virginia (hereinafter "Botetourt County") (together, Roanoke County and Botetourt County may be jointly referred to as the "Parties") WITNESSETH: WHEREAS, § 27-2, 27-4, and 27-23.9, Code of Virginia (1950), as amended, authorize local governments to cooperate in the furnishing of fire and emergency medical response and other related emergency response issues; and WHEREAS, the Parties entered into a joint fire station agreement (the "Fire Station Agreement") in May 1990, for the operation of the Read Mountain Fire Station, which agreement expires on May 11, 2020; and WHEREAS, the Parties acknowledge that upon the expiration of the Fire Station Agreement, Botetourt County will own the Read Mountain Fire Station located at 43 Eastpark Dr., Roanoke, VA 24019, and will be solely responsible for the operating costs associated with this facility and its operation; and WHEREAS, the Parties have determined that a mutual aid agreement to provide fire and emergency medical response and related rescue services across jurisdictional lines will improve such services in both jurisdictions; and Page 1 of 8 WHEREAS, it is deemed to be mutually beneficial to the Parties hereto to enter into an Agreement concerning the automatic aid reciprocal coverage with regards to fire and emergency medical response and related rescue services; and WHEREAS, the Parties acknowledge that the transfer of other certain items of personal property from Roanoke County to Botetourt County would facilitate the interests of both Parties, and that the conveyance of such property may be accomplished by a resolution of the Roanoke County Board of Supervisors; and WHEREAS, the Parties acknowledge that all qualified and eligible volunteer Fire & Rescue personnel who were part of the Roanoke County system should be removed from the Roanoke County system and adopted by the Botetourt system; and WHEREAS, the Parties acknowledge that in order for the Read Mountain Fire Station to continue to provide the needed level of service to the community, that both Parties must maintain current staffing levels of its career (non -volunteer) Fire & Rescue personnel which serve out of the Read Mountain Fire Station; and WHEREAS, federal regulations concerning fee schedules for ambulance services for reimbursement under Medicare, set forth in Part 414 of 42 C.F.R. requires that all such reimbursement payments for ambulance services will only be permitted on an assignment - related basis which will provide for acceptance of the Medicare allowed charge as payment in full; and, WHEREAS, the Parties assign any rights which they may have to bill patients' insurance for Basic or Advanced Life Support services and provide ambulance transportation and waive any claim for reimbursement from Medicare or from transported patients in order to continue to receive this assistance from either party, the parties will be permitted to bill Page 2 of 8 resident patients' insurance in accordance with the fees established by each local governing body and any/all co -pay, uninsured patients, and/or deductible balances will be billed directly to the patient. In those instances of non-payment, the parties agree to follow its normal collections or write-off processes, but also hold harmless the other party for the balance of the outstanding charges; and WHEREAS, the Botetourt County Department of Fire & EMS, Virginia Office of Emergency Medical Services (EMS) agency #01128 and Roanoke County Fire & Rescue Department, Virginia Office of EMS agency 900442, shall each be the legal custodian of pre -hospital patient care reports generated by any call for service handled by the said party. Thus, both parties understand that patient care reports contain confidential personal and medical information and agree that such information shall only be used as appropriate and authorized in connection with jurisdictional billing procedures. Both parties hereto further agree to maintain their records in accordance with the Library of Virginia records retention and disposition schedule in accordance with 12VAC5-31-530; 12VAC5-31-1140, as amended; and WHEREAS, in addition to the Fire Station Agreement, the Parties entered into another general mutual aid agreement on October 13, 2008; and WHEREAS, the Parties intend for this Agreement to replace and supersede all prior mutual aid agreements regarding fire and emergency services. NOW, THEREFORE, in consideration of the mutual benefits to be derived from this Agreement, the Parties agree as follows: 1. This Agreement replaces and supersedes all prior mutual aid agreements between the Parties. Page 3 of 8 2. All volunteers operating out of the Read Mountain Fire Station (even those who were previously part of the Roanoke County system) who are qualified and eligible to serve as volunteers under the Botetourt County volunteer guidelines will be accepted as part of the Botetourt County volunteer system with the same level of seniority and positions at they currently hold. 3. The Parties will, at a minimum, maintain the current career staffing levels at the Read Mountain Fire Station. 4. Botetourt County will provide 24 hours per day/ 7 days per week fire response, as resources are available, from the Read Mountain Fire Station to the Read Mountain area in Roanoke County, which is recognized as Individual Reporting Areas (IRA) 1201, 1202, 1203 and 1204 of Roanoke County. 5. Roanoke County will likewise provide 24 hours per day/ 7 days per week fire response, as resources are available, in the areas of Masons Cove and Catawba that border Roanoke County, which areas are recognized as Emergency Services Zones 195A, 200A of Botetourt County. 6. Roanoke County agrees to annually apply for aid from the Virginia Department of Fire Programs; to the extent such aid is received, the County agrees to contribute a minimum of $20,000 of support in the form of grant eligible equipment to support the operation of Botetourt County Fire & EMS operations, inclusive of the Read Mountain Fire Station per year. Should such aid not be available during a certain year, Roanoke County agrees to provide support with local funding sources, subject to appropriations. Page 4 of 8 a. This contribution will begin effective during the fiscal year beginning July 1st, 2020. b. An assessment of annual contributions including staffing, response, and operational support will be provided to each parry from the other, for the purposes of assessing each locality's level of support. Should a request for additional contributions be warranted, the Fire Chiefs from each locality would be responsible for preparing a report to each County Administrator for consideration and review as part of annual fiscal budgeting process. Such request would be due no later than September 1 st of a given year. 7. The Parties agree to develop and adopt operational, communication, dispatch, safety, and medical protocols that meet professional standards. All operational protocols or any alterations to the service areas described herein are to be mutually agreed upon in writing by the Parties' Fire Chiefs. 8. The Parties agree that Roanoke County will bill and retain the assets for ambulance transport services when they respond into Botetourt County. Likewise, Botetourt County will bill and retain the assets for ambulance transport services when they respond into Roanoke County. Neither party will hold the other responsible for any portion of financial liabilities incurred by ambulance transport services provided by the other party. 9. Each of the Parties shall be the custodian of, and responsible for all legal compliance relating to, the incident reports and other documentation relating to medical transports and fire responses it makes. Page 5 of 8 10. The Parties agree that each jurisdiction will provide appropriate information such as Commonwealth of Virginia standardized Global Information System (GIS) maps that will be used in the dispatching of fire and emergency apparatus. Furthermore, the Parties agree to provide updated GIS information on a semi-annual basis in the Commonwealth of Virginia approved standards. 11. All fire and emergency medical services and resource personnel, agents, and other employees of the Parties who are acting pursuant to this Agreement shall have the same powers, rights, privileges, and immunities as provided by law in each jurisdiction while providing fire and emergency services. 12. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes. All immunities from liability enjoyed by the Parties and resource personnel within their boundaries shall extend to their participation in the Agreement, wherever such services are rendered. 13. All pension, disability, workers' compensation, life, and health insurance and other benefits to which fire/emergency medical services and rescue personnel are entitled shall be extended to the services performed by such personnel under this Agreement. Each party agrees that provisions of these benefits shall remain the responsibility of the respective employer of the individuals assigned to provide the reciprocal response. 14. Each party agrees that, in all activities undertaken pursuant to this Agreement, each party hereby waives any and all claims against the other parry which may arise out of activities outside of the Parties' respective jurisdictions. The parties shall not be liable to each other for reimbursement for injuries to or death of personnel or damage Page 6 of 8 to equipment incurred when providing services pursuant to this Agreement, including when going to or returning from another jurisdiction. Neither party shall be liable to the other for any other costs associated with or arising from the provision of services or the rendering of assistance under this Agreement, except as specifically provided under this Agreement. 15. Each party shall indemnify and save harmless the other parry from all claims by third parties for personal injury and death or property damage which may arise from activities under this Agreement outside of the Parties' respective jurisdictions, to the extent permitted by law, as provided in § 27-2, Code of Virginia, 1950, as amended. 16. Administrative details and future unforeseen issues that may arise from activities associated with the Agreement shall be resolved by a mutually agreed upon solution of the respective Fire Chiefs. Any disagreement between the Fire Chiefs shall be resolved by the Parties' County Administrators. 17. This agreement shall be effective from July 1, 2020 until June 30, 2025. Thereafter, it shall automatically renew for additional terms of one (1) year, unless either party gives at least twelve (12) months' prior written notice of termination to the other party. 18. In the event that Botetourt County decides to cease the provision of fire and rescue services out of the Read Mountain Fire Station, Roanoke County shall have a right of first refusal to purchase the property from Botetourt County at its current tax assessed value. Such right of first refusal shall remain in effect for a period of 1 year from Botetourt County's cessation of operations from the station. Page 7 of 8 WITNESS the following signatures: li I ROM ON LIM COUNTY OF ROANOKE, VIRGINIA Date Stephen G. Simon, Fire -Rescue Chief Date Daniel R. O'Donnell, County Administrator COUNTY OF BOTETOURT, VIRGINIA Jason D. Ferguson, Chief of Fire & EMS Gary Larrowe, County Administrator Page 8 of 8 Date Date Prepared by: Michael W.S. Lockaby (VSB No. 74136) Botetourt County Attorney Guynn, Waddell, Carroll & Lockaby, P.C. 415 South College Avenue Salem, Virginia 24153 Tax Map Nos.: 108(13)1 Consideration: $10.00 Return to: Peter S. Lubeck, Esq. Roanoke County Attorney 5204 Bernard Dr., 4th Floor P.O. Box 29800 Roanoke, Virginia 24018 This instrument partially exempt from conveyance taxes and fees under Sections 17.1-279(E) and 58.1-81 ] (A) (3) of the Code of Virginia, 1950, as amended. OPTION FOR THE PURCHASE AND SALE OF REAL ESTATE THIS OPTION is granted this day of , 2020, by BOTETOURT COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (to be indexed as "Grantor," also hereinafter "Seller"), to ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (to be indexed as "Grantee," also hereinafter "Buyer") (collectively, the "Parties"). In consideration of $10.00, cash in hand paid to Grantor by Grantee, and other good and valuable consideration and covenants as further set forth in that certain Mutual Aid Agreement for fire and emergency medical services dated as of July 1, 2020, between the Seller and the Buyer (the "Mutual Aid Agreement"): 1. Property to be convey Seller hereby grants to Buyer the sole and exclusive right and option to purchase approximately 2.225 acres of land, more or less (the "Premises"), located at 43 Eastpark Drive, Roanoke, Virginia, 24019, and described generally as Botetourt County Tax Map Parcel 108(13)1 acquired by Seller by deed dated March 23, 1990, from R. Coleman Reid and Anne M. Reid of record in the Clerk's Office of the Circuit Court of Botetourt County, Virginia, as Deed Book 371 Page 741, to which deed reference is made for a more particular description of the Premises. 2. Purchase Price. The purchase price for the Premises shall be the assessed tax value at the time of Buyer exercising this option, as conclusively shown on the Botetourt County Land Book filed in the Clerk's Office for the Circuit Court of Botetourt County. The Purchase Price shall be paid at Closing. 3. Duration of Option. The Option term shall begin as of the effective date of the Mutual Aid Agreement and shall continue during the term of the Mutual Aid Agreement. If the Seller shall cease to provide fire and rescue services from the Premises with announced intent to cease such operations indefinitely, and not for a definite and temporary period as for refurbishments or reconstruction of the Premises, the Buyer may exercise this Option within one year from the date {00364362.DOCX } I of actual cessation of operations ("Option Term"). The Option Term may extend beyond the term of the Mutual Aid Agreement so long as the conditions to trigger the Option Term occur during the term of the Mutual Aid Agreement. During the Option Term, Seller shall not sell or agree to sell the Premises to any other person, unless the Buyer, in writing, declines to exercise this option. 4. Exercise of Option. The Buyer shall exercise this Option by mailing, faxing, or delivering in person or by electronic mail written notice to the Seller at the address set forth in Paragraph 9, Notice hereof on or before the Expiration of the Option Term. 5. Conveyance. Good and marketable title to the Premises shall be conveyed at closing by Special Warranty Deed, in fee simple, free and clear and unencumbered, subject only to such easements, conditions, and restrictions of record as of the date of the Option as may be reasonably acceptable to the Parties; zoning and other governmental regulations, restrictions; and non - delinquent real estate taxes and assessments. The Parties agree to execute customary closing affidavits and documents and provide all necessary information, as required by the Title Agency or attorney for the closing of this transaction, and that will enable the Title Agency or closing attorney to delete the standard exceptions to title from the Title Commitment(s) or Title Opinion. 6. Closing. The date for delivery of the Deeds and the closing of this transaction shall be tentatively set within thirty (30) days from the date of exercise of this Option by the Buyer; or at such other date as may be agreed upon in writing by the parties (the "Closing"). The Closing shall be held at a place mutually agreeable to the Parties. 7. Possession. The Seller shall deliver possession and occupancy of the Premises to the Buyer at Closing. 8. Survival of Representations and Warranties. This Option shall be binding upon the Parties and their respective heirs, legal representatives, successors and assigns, and the covenants contained herein shall survive the Closing of this transaction. 9. Notice. All notices, elections or other communications authorized, required or permitted hereunder shall be made in writing and shall be deemed given when: personally delivered; or when deposited, U.S. certified mail, postage prepaid, return receipt requested; sent by overnight mail; to the following: To the Buyer: Daniel R. O'Donnell County Administrator P.O. Box 29800 Roanoke, VA 24018-0798 With copy to: Peter S. Lubeck, Esq. County Attorney P.O. Box 29800 Roanoke, VA 24018-0798 {00364362.DOCX 1 2 To the Seller: Gary Larrowe County Administrator 57 S. Center Drive, Suite 200 Daleville, VA 24083 With copy to: Michael W.S. Lockaby, Esq. County Attorney Guynn, Waddell, Carroll & Lockaby, P.C. 415 S. College Avenue Salem, Virginia 24153 13. Governing Law. This Option shall be governed by the law of the Commonwealth of Virginia, without regard to its conflicts of laws principles. Any legal action between the Parties concerning this Agreement shall be brought in the General District Court or Circuit Court for Botetourt County, Virginia, and in no other. 14. Authority. The parties herein warrant to each other that they have full capacity, power, and authority to enter into and perform this Option according to its terms. BOTETOURT COUNTY, VIRGINIA: By: Name: Gary Larrowe Title: County Administrator COMMONWEALTH OF VIRGINIA COUNTY OF BOTETOURT; to wit: The foregoing instrument was acknowledged before me this day of , 2020, by Gary Larrowe, County Administrator, on behalf of Botetourt County, Virginia. (Seal) Approved as to legal form: Michael W.S. Lockaby County Attorney {00364362.DOCX 1 3 Notary Public My commission expires: Notary Registration #: _ Signatures continue on following page. Accepted pursuant to Section 15.2-1803 of the Code of Virginia, 1950, as amended: ROANOKE COUNTY, VIRGINIA: By: Name: Daniel R. O'Donnell Title: County Administrator COMMONWEALTH OF VIRGINIA COUNTY OF ROANOKE; to wit: The foregoing instrument was acknowledged before me this day of , 2020, by Daniel R. O'Donnell, County Administrator, on behalf of Roanoke County, Virginia. (Seal) Approved as to legal form: Peter S. Lubeck County Attorney {00364362.DOCX 1 4 Notary Public My commission expires: Notary Registration 9: _ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON MAY 26, 2020 RESOLUTION 052620-3 APPROVING THE DONATION OF PROPERTY TO BOTETOURT COUNTY WHEREAS, pursuant to an agreement dated May 10, 1990, the Roanoke County Fire and Rescue Department and the Botetourt County Fire and Rescue Department have been jointly operating the Read Mountain Fire Station, located at 43 Eastpark Dr., Roanoke, VA 24019 (the Joint Fire Station Agreement); and WHEREAS, the Joint Fire Station Agreement which was previously scheduled to expire on May 11, 2020, has been continued in effect until June 30, 2020, in order to allow the localities additional time to create a new mutual aid agreement; and WHEREAS, in order to facilitate further cooperation and the rendering of mutual aid between the two localities, it is proposed that Roanoke County transfer certain vehicles (each of which shall be equipped with MSA self-contained breathing apparatus equipment) to Botetourt County, including the following: 1. 2009 Pierce Engine 4P1 CU01 HX9A009891 (presently known as "Wagon 12"), 2. 2012 Ford F350 4x4 1 FDRF3B63CEB84443 ("Brush 12"), 3. 2008 Chevrolet 2500H 1 GBHK23K1 8F1 79684 ("Utility 12"), 4. 2017 Ford/Braun 1 FDUF4HT1 HED80238 ("Ambulance 12-1 "); and WHEREAS, Roanoke County has a mutual aid agreement with Botetourt County and is frequently called upon for assistance with patient care; and WHEREAS, Botetourt County is in need of the above described property, and would willingly accept the donation of such property from Roanoke County in "as is" Page 1 of 3 condition. Such property will better enable Botetourt County to provide fire and rescue assistance to Roanoke County pursuant to the mutual aid agreement; and WHEREAS, Section 15.2-953(C) of the Code of Virginia provides that a locality may make gifts and donations of personal property to another governmental entity within the Commonwealth. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that: 1. The following items of personal property (each of which shall be equipped with MSA self-contained breathing apparatus equipment) are declared to be surplus: a. 2009 Pierce Engine 4P1 CU01 HX9A009891 (Wagon 12), b. 2012 Ford F350 4x4 1 FDRF3B63CEB84443 (Brush 12), c. 2008 Chevrolet 2500H 1G13HK23K18F179684 (Utility 12), and d. 2017 Ford/Braun 1 FDUF4HT1 HED80238 (Ambulance 12-1). 2. The donation of such property to Botetourt County is hereby authorized, and such donation shall occur on or after June 30, 2020. 3. The Roanoke County Chief of Fire and Rescue, or his designee, is authorized to take such actions as are necessary to effectuate the donation. Page 2 of 3 On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Mahoney and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None A CORY TESTE: Deb ah C. Jacks Chief Deputy Clerk to Board of Supervisors cc: Stephen G. Simon, Chief of Fire and Rescue Laurie Gearheart, Director of Finance and Management Services Meredith Thompson, Budget Division Director 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, MAY 26, 2020 EMERGENCY ORDINANCE 052620-4 READOPTING ORDINANCE 033120-1, TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH PANDEMIC DISASTER WHEREAS, on March 31, 2020, the Board adopted emergency Ordinance 033120-1, to effectuate temporary changes in certain deadlines and to modify public meeting and public hearing practices and procedures to address continuity of operations associated with the COVID-19 pandemic disaster; and WHEREAS, pursuant to Section 15.2-1427 of the Code of Virginia, emergency ordinances shall not be enforced for more than sixty (60) days unless readopted; and WHEREAS, due to the ongoing nature of the COVID-19 pandemic, it is proposed that the Board readopt Ordinance 033120-1; and WHEREAS, the first reading of this ordinance was held on May 26, 2020; and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia: 1. That Ordinance 033120-1 is hereby readopted. Page 1 of 2 2. An emergency is deemed to exist, and this ordinance shall be effective upon its adoption. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None TESTE: Deb�ah C. Jacks Chief Deputy Clerk t t e Board of Supervisors cc: Peter S. Lubeck, County Attorney 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, MARCH 31, 2020 EMERGENCY ORDINANCE 033120-1 TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES AND TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH PANDEMIC DISASTER WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order Fifty -One declaring a state of emergency for the Commonwealth of Virginia arising from the novel Coronavirus (COVID-19) pandemic; and WHEREAS, Executive Order Fifty -One acknowledged the existence of a public health emergency which constitutes a disaster as defined by Virginia Code § 44-146.16 arising from the public health threat presented by a communicable disease anticipated to spread; and WHEREAS, Executive Order Fifty -One ordered implementation of the Commonwealth of Virginia Emergency Operations Plan, activation of the Virginia Emergency Operations Center to provide assistance to local governments, and authorization for executive branch agencies to waive "any state requirement or regulation" as appropriate; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency, beginning March 1, 2020, in response to the spread of COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak a pandemic; and Page 1 of 7 WHEREAS, on March 17, 2020, the Board of Supervisors confirmed the declaration of local emergency made by the County's local director of emergency management on March 16, 2020; and WHEREAS, the Board finds that COVID-19 constitutes a real and substantial threat to public health and safety and constitutes a "disaster" as defined by Virginia Code §44-146.16, being a "communicable disease of public health threat;" and WHEREAS, Virginia Code § 15.2-1413 provides that, notwithstanding any contrary provision of law, a locality may, by ordinance, provide a method to assure continuity of government in the event of a disaster for a period not to exceed six months after the disaster; and WHEREAS, Virginia Code § 44-146.21(C) further provides that a local director of emergency management, or any member of a governing body in his absence, may, upon the declaration of a local emergency "proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to performance of public work;" and WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural requirements including public notice and access, that members of the Board of Supervisors may convene solely by electronic means "to address the emergency;" and WHEREAS, the open public meeting requirements of the Virginia Freedom of Information Act ("FOIA") are limited only by a properly claimed exemption provided under that Act or "any other statute;" and Page 2 of 7 WHEREAS, the Governor and Health Commissioner of the Commonwealth of Virginia and the President of the United States have recommended suspension of public gatherings of more than ten attendees; and WHEREAS, The Attorney General of Virginia issued an opinion dated March 20, 2020 opining that localities have the authority during disasters to adopt ordinances to ensure the continuity of government in accord with the provisions of Section 15.2-1413 of the Code of Virginia; and WHEREAS, this emergency ordinance in response to the disaster caused by the COVID-19 pandemic promotes public health, safety and welfare and is consistent with the law of the Commonwealth of Virginia, the Constitution of Virginia and the Constitution of the United States of America; and WHEREAS, the first reading of this ordinance was held on March 31, 2020; and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia: 1. That the COVID-19 pandemic makes it unsafe to assemble in one location a quorum for public bodies including the Board of Supervisors, the School Board, the Planning Commission, Board of Zoning Appeals, Board of Equalization, and all local and regional boards, commissions, committees and authorities created by the Board of Supervisors or to which the Board of Supervisors appoints all or a portion of its members (collectively, "Public Entities" and individually "Public Entity"), or for such Page 3 of 7 Public Entities to conduct meetings in accordance with customary practices and procedures. 2. That in accordance with Virginia Code § 15.2-1413, and notwithstanding any contrary provision of law, general or special, the following emergency procedures are adopted to ensure the continuity of government during this emergency and disaster: a. Any meetings or activities which require the physical presence of members of the Public Entities may be held through real time electronic means (including audio, telephonic, video or other practical electronic medium) without a quorum physically present in one location; and b. The chairman of each Public Entity shall have authority to decide whether to hold any such electronic meeting. If the chairman is unavailable, the vice -chair shall decide. If the vice -chair is unavailable, such authority shall lie with representatives from the County's respective magisterial districts, in the following order of availability: Vinton, Catawba, Hollins, Windsor Hills, and Cave Spring. If the Public Entity is not comprised of representatives solely according to magisterial district, each Public Entity may enact a Resolution that sets forth authority to make such decision in the absence of the chairman or vice -chair. c. Prior to holding any such electronic meeting, the Public Entity shall provide public notice of such at least 3 days in advance of the electronic meeting, identifying how the public may participate or otherwise offer comment; and d. Any such electronic meeting of Public Entities shall state on its agenda and at the beginning of such meeting that it is being held pursuant to and in compliance with this Ordinance; identify Public Entity members physically and/or electronically Page 4 of 7 present; identify the persons responsible for receiving public comment; and identify notice of the opportunities for the public to access and participate in such electronic meeting; and e. Any such electronic meeting of the Public Entities shall be open to electronic participation by the public which may include, inter alia, recess periods during such meetings to receive electronic comments from citizens, and shall be closed to in- person participation by the public; and f. For any matters requiring a public hearing, public comment may be solicited by electronic means in advance and shall also be solicited through telephonic or other electronic or audiovisual means during the course of the electronic meeting. All such public comments will be provided to members of the Public Entity during or before the electronic meeting and made part of the record for such meeting; and g. The minutes of all electronic meetings shall conform to the customary requirements of law, identify how the meeting was conducted, members participating, and specify what actions were taken at the meeting. The Public Entities may approve minutes of an electronic meeting at a subsequent electronic meeting and shall later approve all such minutes at a regular or special meeting after the emergency and disaster has ended; and h. If members of the Public Entity become incapacitated and are unable to act, the remaining member or members shall constitute a quorum for the conduct of business, and have authority to act for the Board by majority vote, unless a unanimous vote of all members is required by law, in which case authority to act shall require a unanimous vote of remaining members; and Page 5 of 7 IT IS FURTHER ORDAINED that, notwithstanding any provision of law, regulation or policy to the contrary, any deadlines requiring action by a Public Entity, its officers (including Constitutional Officers) and employees of its organization shall be suspended during this emergency and disaster, however, the Public Entities, officers and employees thereof are encouraged to take such action as is practical and appropriate to meet those deadlines. Failure to meet any such deadlines shall not constitute a default, violation, approval, recommendation or otherwise. This paragraph does not automatically extend any deadlines for the payment of taxes or filing of tax returns. IT IS FURTHER ORDAINED that non -emergency public hearings and action items of Public Entities may be postponed to a date certain, provided that public notice is given so that the public are aware of how and when to present their views. IT IS FURTHER ORDAINED that the provisions of this Emergency Ordinance shall remain in full force and effect for a period of 60 days, unless amended, rescinded, or readopted by the Board in conformity with the notice provisions set forth in Virginia Code §15.2-1427 but in no event shall such ordinance be effective for more than 6 months after the disaster. Upon rescission by the Board or automatic expiration as described herein, this emergency ordinance shall terminate and normal practices and procedures of government shall resume. Nothing in this Emergency Ordinance shall prohibit Public Entities from holding in- person public meetings provided that public health and safety measures as well as social distancing are taken into consideration. An emergency is deemed to exist, and this ordinance shall be effective upon its adoption. Page 6 of 7 On motion of Supervisor North to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None A C0^TESTE: C. Jacks Chief Deputy Clerk tc(ffie Board of Supervisors cc: Peter S. Lubeck, County Attorney Page 7 of 7 ACTION NO. A -052620-5.a ITEM NO. G-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 2020 AGENDA ITEM: Request to accept and allocate funds in the amount of $9,876.31 to the Clerk of Circuit Court from the Commonwealth of Virginia for Technology Trust Funds SUBMITTED BY: APPROVED BY: ISSUE: Jill Camilletti Deputy Clerk IV Daniel R. O'Donnell County Administrator Acceptance and allocation of funds in the amount of $9,876.31 to the Clerk of the Circuit Court from the Commonwealth of Virginia BACKGROUND: Technology Trust Funds represent fees collected by the Roanoke County Circuit Court Clerk's Office, and have been received from the State in the amount of $9,876.31. In accordance with State of Virginia Code Section 17.1-279 it is stated the Circuit Court Clerk's Office shall assess a $5.00 fee called Technology Trust Fund Fee. Each month, the Clerk's Office can request the fees that were assessed the previous month. The code section further states that four out of every five dollars of the fee shall be allocated by the Compensation Board from the trust fund for the purposes of obtaining and updating office automation and information technology equipment including software and conversion services; preserving, maintaining and enhancing court records, including but not limited to the costs of repairs, maintaining and enhancing court records, consulting services, service contracts, redaction of social security numbers from land records and system replacement or upgrades and improving public access to court records. Page 1 of 2 DISCUSSION: The funds received from the Commonwealth of Virginia have been earmarked for maintenance needs for the Clerk of Circuit Court, specifically towards the twice yearly maintenance bill from the Supreme Court for maintaining their records, equipment, etc. FISCAL IMPACT: All funds are provided by the Commonwealth of Virginia. No County matching funds are required. STAFF RECOMMENDATION: Staff recommends accepting and allocating $9,876.31 to the Clerk of Circuit Court from the Commonwealth of Virginia. VOTE: Supervisor Peters moved to accept and allocate the funds. Supervisor Mahoney seconded the motion. Motion approved. cc: Jill Camilletti, Deputy Clerk IV Meredith Thompson, Budget Division Director Page 2 of 2 Yes No Abstain Mr. Mahoney ® ❑ ❑ Mr. Hooker ® ❑ ❑ Mr. North ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. Radford ® ❑ ❑ cc: Jill Camilletti, Deputy Clerk IV Meredith Thompson, Budget Division Director Page 2 of 2 ACTION NO. A -052620-5.b ITEM NO. G-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: May 26, 2020 AGENDA ITEM: Confirmation of appointments to Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) (At - Large); Court Community Corrections Alcohol Safety Action Program (ASAP) Policy Board; Ninth District Development Financing, Inc. (At -Large); Parks, Recreation and Tourism (At -Large); Roanoke County Planning Commission (District); Roanoke Valley -Alleghany Regional Commission; Roanoke Valley -Alleghany Regional Comprehensive Economic Development Strategy Committee; Roanoke Valley Transportation Planning Organization (TPO); Virginia's First Regional Industrial Facility Authority; Western Virginia Water Authority SUBMITTED BY: APPROVED BY: ISSUE: Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Daniel R. O'Donnell County Administrator Confirmation of Appointments BACKGROUND: Building Code Board of Adjustment and Appeals (Fire Code Board of Appeals) (At -Large) Richard E. Evan's appointment expired April 13, 2020. The Board has recommended his reappointment to an additional four-year term, which will expire on April 13, 2024. David Jones' appointment expired April 27, 2020. The Board has recommended his reappointment to an additional four-year term, which will expire on April 27, Page 1 of 3 2024. Court Community Corrections Alcohol Safety Action (ASAP) Policy Board: Sheriff Eric Orange's appointment will expire June 30, 2020. The Board has recommended his reappointment to an additional three-year term, which will expire June 30, 2023. Ninth District Development Financing, Inc. (At -Large): Wendy Schultz's appointment will expire June 30, 2020. The Board has recommended her reappointment to an addition two-year term, which will expire June 30, 2020. Parks, Recreation and Tourism Advisory Commission (At -Large): Deborah George's appointment will expire June 30, 2020. The Board has recommended her reappointment to an additional three-year term, which will expire June 30, 2023. Roanoke County Planning Commission (appointed by District) Kelly McMurray's term representing the Cave Spring Magisterial District will expire June 30, 2020. Supervisor Paul M. Mahoney has recommended the reappointment of Kelly McMurray to an additional four-year term to expire June 30, 2024. Roanoke Valley -Alleghany Regional Commission: Phil C. North, David F. Radford and Daniel R. O'Donnell's appointments will expire June 30, 2020. The Board has recommended the reappointment to additional three-year term, which will expire June 30, 2023. Roanoke Valley -Alleghany Regional Comprehensive Economic Development Strategy Committee (CEDS): Phil C. North's appointment will expire June 30, 2020. The Board has recommended that Paul M. Mahoney be appointed to a three-year term, which will expire June 30, 2023. Roanoke Valley Transportation Planning Organization (TPO): Phil C. North and David F. Radford's appointments will expire June 30, 2020. The Board has recommended both be reappointed to a three-year term, which will expire June 30, 2023. Page 2 of 3 Virginia's First Regional Industrial Facility Authority: Jill Loope's appointment will expire June 30, 2020. The Board has recommended she be reappointed to a four-year term, which will expire June 30, 2024. Western Virginia Water Authority: Randall Hancock's appointment will expire June 30, 2020. The Board has recommended he be reappointed to a four-year term, which will expire June 30, 2024. FISCAL IMPACT: There is no fiscal impact associated with these confirmations. STAFF RECOMMENDATION: Staff recommends confirmation of all appointments. VOTE: Supervisor Peters moved to confirm all appointments. Supervisor Mahoney seconded the motion. Motion approved. Page 3 of 3 Yes No Abstain Mr. Mahoney ® ❑ ❑ Mr. Hooker ® ❑ ❑ Mr. North ® ❑ ❑ Mr. Peters ® ❑ ❑ Mr. Radford ® ❑ ❑ 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, MAY 26, 2020 RESOLUTION 052620-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G- 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 May 26, 2020, designated as Item G - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 inclusive, as follows: 1. Approval of minutes — April 28, 2020; May 1, 2020; May 12, 2020 2. Request to accept and allocate funds in the amount of $9,876.31 to the Clerk of Circuit Court from the Commonwealth of Virginia for Technology Trust Funds 3. Confirmation of appointments to Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) (At -Large); Court Community Corrections Alcohol Safety Action Program (ASAP) Policy Board; Ninth District Development Financing, Inc. (At -Large); Parks, Recreation and Tourism (At -Large); Roanoke County Planning Commission (District); Roanoke Valley -Alleghany Regional Commission; Roanoke Valley -Alleghany Regional Comprehensive Economic Development Strategy Committee; Roanoke Valley Transportation Planning Organization (TPO); Virginia's First Regional Industrial Facility Authority; Western Virginia Water Authority Page 1 of 2 On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Mahoney and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None Chief Deputy Clerk to Page 2 of 2 Xs AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MAY 26, 2020 RESOLUTION 052620-6 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. Page 1 of 2 On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None TESTE: Deborah C. Jackst / Chief Deputy Clerk t e Board of Supervisors 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, MAY 26, 2020 ORDINANCE 052620-7 REZONING 2.02 ACRES FROM R-1 (LOW DENSITY RESIDENTIAL) DISTRICT TO PTD (PLANNED TECHNOLOGY DEVELOPMENT) DISTRICT FOR THE DEVELOPMENT OF THE WOOD HAVEN TECHNOLOGY PARK, AND AMENDING A PORTION (43.72 ACRES) OF THE WOOD HAVEN TECHNOLOGY PARK MASTER PLAN, LOCATED IN THE 7800 AND 7900 BLOCKS OF WOOD HAVEN ROAD, INCLUDING 7875 WOOD HAVEN ROAD, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Western Virginia Regional Industrial Facility Authority (WVRIFA) was formed in 2014 by six regional governments to provide a mechanism for localities to cooperate regionally on economic development projects; and WHEREAS, after an analysis to identify suitable large acre tracts in the region, the Wood Haven Road site was selected as the first priority for development; and WHEREAS, in July 2018, the Board of Supervisors approved a rezoning of approximately 113 acres from 1-1 (low intensity industrial) district and R-1 (low density residential) district to PTD (planned technology development) district, for the development of the Wood Haven Technology Park; and WHEREAS, as part of the 2018 rezoning process, a master plan was submitted by WVRIFA which lists the permitted uses that will be allowed within the Wood Haven Technology Park along with development standards for the proposed Wood Haven Technology Park; and WHEREAS, this request keeps the same permitted uses and development standards as the 2018 rezoning, except for some minor revisions to the buffer areas associated with the construction and maintenance of stormwater management facilities Page 1 of 3 within the buffer areas and the installation of a landscape buffer along Wood Haven Road for a 2.02 acre parcel being incorporated into the Technology Park; and WHEREAS, the first reading of this ordinance was held on April 28, 2020, and the second reading and public hearing were held on May 26, 2020; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 5, 2020; and WHEREAS, the Planning Commission recommends approval of the petition; and WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The petition of the Western Virginia Industrial Facility Authority to rezone 2.02 acres from R-1 (low density residential) district to PTD (planned technology development) district for the development of the Wood Haven Technology Park, and to amend a portion (43.72 acres) of the Wood Haven Technology Park Master Plan, located in the 7800 and 7900 blocks of Wood Haven Road, including 7875 Wood Haven Road (in the Catawba Magisterial District) (Tax map nos: 037.05-01- 30.00-0000 and 026.17-01-03.00-0000), is approved. 2. The Board finds that the proposed rezoning request and amendment to the Wood Haven Technology Park Master Plan is consistent with the purpose and intent of the County's Comprehensive Plan and good zoning practice, and will not be a substantial detriment to the community. Page 2 of 3 3. This ordinance shall be in full force and effect thirty (30) days after its final passage. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters, Radford NAYS: None A Veboi%h,C. Jacks Chief De uty Clerk to Board of Supervisors cc: Philip Thompson, Director of Planning Tarek Moneir, Director of Development Services Kenneth Fay, Director of Real Estate Valuation Rachel Lower, Senior Assistant County Attorney Rebecca James, Zoning Administrator Page 3 of 3