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HomeMy WebLinkAbout12/15/2020 - Adopted Board Records ACTION NO. A-121520-1 ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE:December 15, 2020 AGENDA ITEM:Request to accept and allocate funds in the amount of $1,200 from the 2020 Mud Run from Roanoke Valley Detachment 426 of the Marine Corps League to Camp Roanoke SUBMITTED BY:Doug Blount Director of General Services and Parks, Recreation APPROVED BY:Daniel R. O’Donnell County Administrator ISSUE: Acceptance and allocation of $1,200 from the 2020 Mud Run and recognize Roanoke Valley Detachment 426 of the Marine Corps League for its donation to Camp Roanoke BACKGROUND: In its twenty-fifth year, the Marine Corps Mud Run continuesto be one of the Roanoke Valley's signature running and fundraising events. This event draws the interest of many individuals and its team competition has been popular with school groups, athletic teams, friends, neighbors and companies. The event represents a long standing partnership among Roanoke Valley Detachment 426 of the Marine Corps League, Roanoke County Parks, Recreation and Tourism and many local corporate sponsors. The beneficiaries of this event are the nationally recognized Marine Toys for Tots program and Camp Roanoke. The Mud Run is held annually at Green Hill Park. DISCUSSION: The funds will be used for tables, tents and supplies to support day camp at Camp Roanoke due to COVID-19. This year's $1,200 donation brings the total amount contributed for the twenty-five year period to over $166,000. Page 1of 2 A presentation will be made by Michael V. Shepherd-Commandant, Roanoke Valley Detachment 426 Marine Corps League. FISCAL IMPACT: The donation of $1,200 will be used for tents, tables and suppliesto support day camp at Camp Roanoke. STAFF RECOMMENDATION: Staff recommends acceptance and allocation of the $1,200 donation to Camp Roanoke from Roanoke Valley Detachment 426 of the Marine Corps League. VOTE: Supervisor Peters moved to approve the staff recommendation.Supervisor North seconded the motion. Motion approved. YesNoAbsent Mr. Mahoney Mr. Hooker Mr. North Mr. Peters Mr. Radford cc: Doug Blount, Director of General Services and Parks, Recreation and Tourism Laurie Gearheart, Director of Finance and Management Services Page 2of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2020 EMERGENCY121520-2ORDINANCEREADOPTING ORDINANCE 033120-1, TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES AND TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURESTO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH PANDEMIC DISASTER WHEREAS, on March31, 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, the Board readopted the ordinance on May 26, 2020,July 14, 2020; September 8, 2020; and November 4, 2020; and WHEREAS, due to the ongoing nature of the COVID -19 pandemic,it is again proposed that the Board readopt Ordinance 033120-1; and WHEREAS, the first reading of this ordinance was held on December 15, 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 ORDAINEDby theBoard of Supervisors of the County of Roanoke, Virginia: 1.ThatOrdinance 033120-1 is hereby readopted. Page 1of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2020 EMERGENCY 121520-3ORDINANCEACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $68,764.67,ON BEHALF OF THE TOWN OF VINTON,FROM THE COMMONWEALTH OF VIRGINIA,FOR THE COVID-19 UTILITY RELIEF PROGRAM, DISTRIBUTED AS A COMPONENT OF THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT OF 2020 AND AUTHORIZING THE EXECUTION OF 1) A MEMORANDUM OF UNDERSTANDING AND 2) CERTIFICATION FOR RECEIPT OF CORONAVIRUS RELIEF FUND PAYMENTS FOR THE COVID-19 UTILITY RELIEF PROGRAM WHEREAS,the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was passed by the United States Congress and signedinto law by the United States President on March 27, 2020; and WHEREAS,a primary component of the CARES Act is the provision of funding assistance to state, local, territorial, and tribal governments for direct costs associated with the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund (“CRF”); and WHEREAS,consistent with the CARES Act, in November 2020, the General Assembly passed and Governor Northam signed into lawthe 2020 Special Session Amendments to the 2020 Appropriation Act and Item 479.10 of this legislation appropriates $100 million from the Commonwealth’s CARES Act CRF allocation to establish a COVID-19 Utility Relief Program (“Program”) to help provide direct assistance to utility customers with accounts over 30 days in arrears; and WHEREAS,the Town of Vinton (“Town”) has been notified that it has been Page 1of 3 awarded federal CARES Act funds pursuant to the Appropriation Act mandated State Corporation Commission application process in the amount of $68,764.67 to assist with municipal utility customer relief for all eligible customers of the Town; and WHEREAS, such funds must be used to only cover those costs that: a.Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b.Were not accounted for in the budget most recently approved as of March 27, 2020, for the utility; and c.Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; and WHEREAS,Roanoke County (the “County”) has agreed to act as the Town’s fiscal agent as required by the Virginia Department of Housing and Community Development (“DHCD”) to facilitate assistance to eligible customers, and a memorandum of understanding has been proposed to such effect; and WHEREAS, in order to receive the CRF funding, the Town and County must also complete a Certificate of Receipt of Coronavirus Relief Fund Payments; and WHEREAS, the first reading of this ordinance was held on December 15, 2020, and it is proposed that a second reading be dispensed with, upon a 4/5ths vote of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter, in order to enable the localities to receive and expend the funds prior to December 30, 2020. NOW THEREFORE, BE IT ORDAINEDby the Board of Supervisors of Roanoke County, Virginia, as follows: Page 2of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2020 EMERGENCY ORDINANCE121520-4AUTHORIZING THE ADOPTION OF AMENDMENT NO. 2 TO THE WORKFORCE INVESTMENT AREA III CHIEF LOCAL ELECTED OFFICIALS (“CLEO”) CHARTER AGREEMENT,TO DESIGNATE THE WESTERN VIRGINIA WORKFORCE DEVELOPMENT BOARD AS FISCAL AGENT WHEREAS,in 2003,the Citiesof Covington, Roanoke, and Salem, and the Counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke created, by Charter Agreement, a consortium(the “Consortium”)to work together in accordance with the provisions of the federal Workforce Investment Act (the “Act”) within the Western Virginia Workforce Development Area III, as designated by the Commonwealth of Virginia (“Area III”); and WHEREAS, one of the roles of the Consortium, as set forth in the Charter Agreement, was to appoint the Western Virginia Workforce Development Board (“WDB”); AND WHEREAS, in July 2014, the United States Congress enacted the Workforce Innovation and Opportunity Act, 29 U.S.C. §§ 3101, et. seq. (“WIOA”) that repealed and replaced the WIA; and WHEREAS, in 2015, the Member Jurisdictions executed Amendment No. 1 to the Charter Agreement, which, inter alia,1) acknowledged the enactment of the WOIA, and recognized that Consortium would henceforth operate in accordance with the authority and provisions of the WOIA, and 2) changed the Consortium’sfiscal agent from the Western VirginiaWorkforce Development Board (“WDB”), the original fiscal agent, to the Roanoke Valley-Alleghany Regional Commission (“RVARC”); and Page 1of 3 WHEREAS, in April 2020, the RVARC announced that it will discontinue service as the Fiscal Agent for the Consortium effective December 31, 2020, thus necessitating another amendment to the Charter Agreement; and WHEREAS, it has been proposed that WDB should again be designated as the Fiscal Agent for the Consortiumand for itself; and WHEREAS, Section 13 of the Charter Agreement allows for amendments to the Charter Agreement with the concurrence of the governing bodies of the Member Jurisdictions; and WHEREAS, the first reading of this ordinance was held on December 15, 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 ORDAINEDby theBoard of Supervisors of the County of Roanoke, Virginia, that: 1.The Board concurs with amending the Charter Agreement by adoption of Amendment No. 2, to designate the WDB as the Fiscal Agentfor the Consortium and for itself. 2.The County Administrator or any Assistant County Administrator is authorized to execute Amendment No. 2 to the Charter Agreement. Such amendment shall be in a form substantially similar in form to document included in the Board materials for its December 15, 2020 meeting, the form to be approved by the County Attorney. Page 2of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OFROANOKE COUNTY,VIRGINIA,HELDATTHEROANOKECOUNTYADMINISTRATION CENTERONTUESDAY,DECEMBER 15, 2020 ORDINANCE121520-5AUTHORIZINGAPERMANENT DRAINAGE EASEMENTTOTHECOMMONWEALTHOFVIRGINIA DEPARTMENTOFTRANSPORTATIONONPROPERTYOWNEDBY THEROANOKECOUNTYBOARDOFSUPERVISORS(TAX MAPNO. 027.14-02-18.00-0000)FORTHEPURPOSEOFCONSTRUCTING ROUTE 11 (WILLIAMSON ROAD) AND ROUTE 117 (PETERS CREEK ROAD) PEDESTRIAN SAFETY IMPROVEMENTS,HOLLINS MAGISTERIALDISTRICT WHEREAS, the Commonwealth of Virginia Department of Transportation (VDOT) has requested a 0.034 acre (1,477 square foot)permanent drainage easement across tax map number027.14-02-18.00-0000, which is old Route 11 right-of-way connecting Williamson Road (Route 11) to Peters Creek Road (Route 117) located behind North Market Village,to facilitate a sidewalkproject along Williamson Road;and WHEREAS, VDOT has requested that the permanent drainage easement be donated to the Commonwealth of VirginiaDepartment of Transportation;and WHEREAS, the proposed easement will serve the interests of the public andis necessary for the public health, safety, and welfare of the citizens of RoanokeCounty; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and disposition of real estate be authorized only by ordinance;and WHEREAS,afirstreadingofthisordinancewasheldonDecember 1, 2020, and thesecondreadingwasheldonDecember 15,2020;and WHEREAS, pursuant to the provision of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance of the necessary Page 1of 3 permanent drainage easement to the Commonwealth of Virginia for the completion of Route 11 (Williamson Road) and Route 117 (Peters Creek Road) Pedestrian Safety Improvementson property owned by Roanoke County, tax map number 027.14-02- 18.00-0000. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That conveyance of a0.034 acre (1,477 square foot) permanent drainage easement to the Commonwealth of Virginia Department of Transportation to facilitate Route 11 (WilliamsonRoad) and Route 117 (Peters Creek Road) Pedestrian Safety Improvements on property owned by Roanoke County, tax mapnumber027.14-02- 18.00-0000, is herebyauthorized. 2.That the permanent drainage easement is donated to the Commonwealth of Virginia Departmentof Transportation. 3.That the County Administrator, or any Assistant CountyAdministrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on a form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. Page 2of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2020 ORDINANCE 121520-6ACCEPTING AND APPROPRIATING $165,450 FROM THE VIRGINIA OUTDOORS FOUNDATION FOR THE PURCHASE OF A HALF-INTEREST IN 34 ACRES ADJACENT TO EXPLORE PARK IN BEDFORD AND ROANOKE COUNTIES WHEREAS, the Virginia Outdoors Foundation provides grant funding to protect land in perpetuity; and WHEREAS, Roanoke County has been awarded such a grant, in the amount of $165,450 from the Virginia Outdoors Foundation, for the purchase of a half-interest in 34 acres adjacent to Explore Park in Bedford and Roanoke Counties; and WHEREAS, Roanoke County proposes to manage the property as part of Explore Park, remaining forested and largely undeveloped, except for trails and similar facilities for outdoor recreation; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, a first reading of this ordinance was held on December 1, 2020, and the second reading was held on December 15, 2020. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1.That the sum of $165,450is hereby accepted from the Virginia Outdoors Foundation, and appropriated for the purchase of a half-interest in 34 acres adjacent to Explore Park in Bedford and Roanoke Counties. 2.That this ordinance shall take effect from and after the date of adoption. Page 1of 2 ACTION NO. 12-15-20-7.a ITEM NO. H-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE:December 15, 2020 AGENDA ITEM:Confirmation of appointment to the Grievance Panel SUBMITTED BY:Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY:Daniel R. O’Donnell County Administrator ISSUE: Confirmation of appointment to the Grievance Panel BACKGROUND: Staff has recommended the appointment of Carolyn Glover to a three-year term to expire December 15, 2023. DISCUSSION: It is the consensus of the Board to confirm this appointment. FISCAL IMPACT: There is no fiscal impact associated with this Board Report. STAFF RECOMMENDATION: Staff recommends confirmation of this appointment Page 1of 2 VOTE: Supervisor Peters moved to approve the staff recommendation. Supervisor Mahoney seconded the motion. Motion approved. YesNoAbsent Mr. Mahoney Mr. Hooker Mr. North Mr. Peters Mr. Radford cc: Anita Hassell, Director of Human Resources Page 2of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 15, 2020 RESOLUTION 121520-8ADOPTING A LEGISLATIVE PROGRAM FOR THE 2021SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE PRIORITIES AND POSITIONSADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of local and statewide concern to be considered by the 2021 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2021session of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that thefollowing prioritiesand positionsare submitted asits Legislative Program for the 2020 session of the Virginia General Assembly,for its favorable consideration and adoption. PRIORITIES 1.Children’s Services Act a.The County supports enhancing the ability of local school divisions to serve children with disabilities in their neighborhood schools, to include flexibility in use of state pool funds to serve children with specialneeds in local or regional programs tailored to meet those needs, and additional support for special education wraparound services to help support children in their communities. Page 1of 4 b.The County supports legislation to allow public schools to establish and fund special education programs (and related services) within publicschools. c.In the alternative, the County requests 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 funds), for the purpose of providing services currently offered in a private day setting in the public school setting. 2.Broadband Expansion a.The County urges the Commonwealth to provide adequate funding assistance to counties to build the necessary telecommunications infrastructure to deploy universal affordable access to the internet for all areas, particularly in underserved rural areas. b.The County supports legislation that provides additional tools for counties to finance, build and operate open access networks in partnership with commercial internet service providers. c.The County encourages the Commonwealth to increase funding for grants provided through the 2021Virginia Telecommunications Initiative (VATI), and supports allowing municipal broadband authorities to apply for VATI grants without a private sector partner. 3.Education K-12 Funding a.The County urges the General Assembly to provide hold-harmless funding for Sales Tax distributions to local school divisions and Direct Aid payment Page 2of 4 amounts based on average daily membership until the main impacts of COVID-19 on both sources of funding cease. 4.Recordation Tax Distribution to Localities a.The County supports the restoration of state recordation tax revenues distributed to counties and cities for use of transportation or public education purposes. POSITIONS A.QualifiedImmunityand Sovereign Immunity a.The County opposes any substantive change in local governments’ present defenses of qualified immunity and sovereign immunity. B.Workers’ Compensation Presumptions a.The County opposes any effort to expand workers’ compensation presumptive illnesses eligibility for public employees that arenot done in concert with additional state funding assistance to local governments to offset additional insurance liabilities. b.The County opposes the creation of presumptions that would entitle certain categories of employees to workers’ compensation benefits for any injury, death, or disability that they suffer as a result of exposure to COVID-19. C.Transportation a.The County supports changes to simplify the Smart Scale process for allocating transportation funds to reduce time and costs to prepare and review applications. Page 3of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2020 RESOLUTION 121520-9CERTIFYING 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 1of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY,DECEMBER 15, 2020 ORDINANCE 121520-10REZONING APPROXIMATELY 9.03 ACRES FROM AG-1 (AGRICULTURAL/RURAL LOW DENSITY) DISTRICT TO I- 1 (LOW INTENSITY INDUSTRIAL) DISTRICT, LOCATED AT 4053 AEROSPACE ROAD, VINTON MAGISTERIAL DISTRICT (TAX MAP NO. 090.00-03-34.00-0000) WHEREAS, Michael H. Fielder is requesting to rezone approximately 9.03 acres, located at 4053 Aerospace Road, Vinton Magisterial District, from AG-1 (Agricultural/Rural Low Density) District to I-1 (Low Intensity Industrial) District, to operate a small plumbing company out of the existing facility on the property (general office use); and WHEREAS, the first reading of this ordinance was held on November 17, 2020, and the second reading and public hearing were held on December 15, 2020; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on November 30, 2020; and WHEREAS, the Planning Commission recommends approval of the petitionas requested; 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 Michael H. Fielder to rezone approximately 9.03 acres, located at 4053 Aerospace Road, Vinton Magisterial District, from AG-1 (Agricultural/Rural Low Density) District to I-1 (Low Intensity Industrial) District, is approved. Page 1 of 2