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HomeMy WebLinkAbout6/28/2022 - Adopted Board Records AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 28, 2022 RESOLUTION 062822-1EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO WENDI SCHULTZ, TOURISM/EVENT COORDINATOR, UPON HER RETIREMENT AFTER MORE THAN TWENTY (20) YEARS OF SERVICE WHEREAS,Wendi Schultz was employed by Roanoke County on September 4, 2001; and WHEREAS, Ms. Schultzretired on June 1, 2022, after twenty (20) years and nine (9) months ofdevoted, faithful and expertserviceto Roanoke County; and WHEREAS,Ms. Schultz,through heremployment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, throughout Ms. Schultztenure with Roanoke County, shewas instrumental in establishingthe Tourism division of the Parks and Recreation department. Her partnerships and connections throughout the Roanoke Valley contributed to the development and coordination of over twenty-nine(29)special events for Roanoke County Parks,Recreation and Tourism; during her careerthe most notablewere Enchanted Eve, Kite Festival, Tons of Fun, Touch a Truck, Green Hill Highland Games, Roanoke County’s Annual Christmas Tree Lighting, Artisan Saturday, and Illuminightsat Explore Park.Ms. Schultzefforts were responsible forcreatingcountless memories made for families and individuals in our region. 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 WENDI SCHULTZfor more than twenty (20) years of capable, loyal and Page 1of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTERON TUESDAY, JUNE 28, 2022 RESOLUTION062822-2GOVERNING THE RELEASE OF DOCUMENTS BY THE ROANOKE COUNTY INTERNAL AUDITOR WHEREAS, Chapter 37 of the Code of Virginia (the Virginia Freedom of Information Act), § 2.2-3700 states that all public records shall be presumed open, unless an exemption is properly invoked; and WHEREAS, § 2.2-3705.3 sets forth exceptions to the Act that are applicable to records created or maintained by auditors that are appointed by local governing bodies; and WHEREAS, § 2.2-3705.3(7) states that “Local governing bodies shall adopt guidelines to govern the disclosure required by this subdivision.” NOW,THEREFORE, BE IT RESOVLED by the Board of Supervisorsof Roanoke County, as follows: 1.The Board adopts the document titled “Roanoke County Office of Internal Audit Guidelines for Public Release of Records and Reports,” which is attached hereto as Attachment A. 2.This resolution shall be effective immediately. Page 1of2 Roanoke CountyOffice of Internal Audit Guidelinesfor PublicReleaseofRecordsand Reports These Guidelines have been adopted by the Roanoke County Board of Supervisors, by Resolution 062822-2d, pursuant to Section 2.2-3705.3 of the Code of Virginia, and shall govern the disclosure of records by the Roanoke CountyOffice of Internal Audit (“OIA” or the “Auditor”). I.General Classifications of Audit Activity The Auditor routinely performs three types ofengagements: 1) performance audits(in which matters such as general effectiveness, efficiency, internal controls and compliance are reviewed), 2) investigations(in which the auditor investigates and makes conclusions regardingcomplaints or other indicia of misconduct by County officials and employees), and 3) follow-up engagements to performance audits and investigations. II.Application of FOIA to Internal AuditRecords and Reports Virginia’s Freedom of Information Act (“FOIA”)provides public access totherecords of publicbodies inorder to promote transparency and confidence in government. However, FOIA also provides thatcertain public records are eitherexcluded fromthose public recordswhichare availableto thepublic (mandatoryexemptions) or may be withheld by the publicbody, if it chooses to do so(discretionary exemptions). a.Records created by or furnished to the Auditor in the course of conducting performance audits, or follow-up performance auditswill generally be provided to the requester(subject to the exemptionsset forth in subsection III below). b.Records created byor furnished to the Auditor in the course of conducting investigations, or follow-up investigationsroutinely fall within the discretionary exemptionto FOIAset forth in Section 2.2-3705.3(7) (investigative notes, correspondence and information furnished to the Auditor in confidence) and shouldbe withheldfrom production. However, completed investigation reportsshallbedisclosedinaformthat doesnotrevealtheidentityofthecomplainantsorpersonssupplying informationtoinvestigators.Generally, theinformationdisclosedshall include: Theagencyinvolved, Theidentityofthepersonwhoisthesubjectofthecomplaint, Thenatureofthecomplaint,and Theactionstakentoresolvethecomplaint. 1 Ifaninvestigationdoesnotleadto correctiveaction,theidentityofthe personwhoisthesubjectofthecomplaintmaybereleasedonlywiththe consentofthesubject person. III.Other Information that Should Routinely be Redacted and Excluded from Production The following is a list (not exhaustive) of those records, or portions of records, that should typically be withheld or redacted when responding to a request for documents under FOIA: Personnel information–“personnel informationcontaining identifiable individuals” (exceptifthe FOIA request comesfromtheperson who is the subject of the investigation/report). Va. Code § 2.2-3705.1 (1). Legal advice–written advice of legal counsel. Va. Code §2.2-3705.1 (2). Legal memoranda or other workproduct –compiled for use in litigation or for use in anactiveadministrativeinvestigationof any matterproperly thesubject of a closed meetingunder Va. Code § 2.2-3711. Va. Code§2.2-3705.1 (3). Vendor proprietaryinformationsoftware that may be in the possession of the OIA. Va. Code § 2.2-3705.1 (6). Information (appraisals, cost estimates, etc.) relating to the acquisition of landor other realproperty and/or relating tothe negotiation of contractswhere competitionor bargaining isinvolved and the release of suchinformationwould adversely affectthe bargaining ornegotiation position of Roanoke County. Va.Code § 2.2-3705.1 (8) and (12). Information that describes the design, function, operation, or access control features of anysecuritysystem,whethermanualor automated,which is used to control accessto or use of anyautomateddata processing or telecommunicationssystem. Va. Code§ 2.2-3705.2 (2). Informationcontained in (i) engineering, architectural, or construction drawings; (ii) operational, procedural, tacticalplanning, or trainings manuals;(iii) staff meeting minutes; or(iv) other records that reveal any of the following: the disclosure of which would jeopardizethesafety or security of anyperson; governmental facility, buildingor structure or personsusing such facility, building or structure;orpublicorprivate commercialoffice,multifamilyresidential or retail building or its occupants: 2 a.Critical infrastructure informationor the location or operationof security equipmentandsystemsof any public building, structureor information storagefacility, includingventilation systems,fire protection,equipment, mandatory building emergencyequipmentor systems,elevators,electrical systems,telecommunicationsequipmentorsystems,or utility equipment or systems; b.Vulnerability assessments,informationnot lawfully available tothe public regardingspecific cybersecurity threats orvulnerabilities, or securityplans andmeasuresof anentity, facility, building structure,informationtechnology system,or software program; c.Surveillance techniques, personneldeployments,alarmor securitysystems ortechnologies, or operational or transportation plans or protocols; or d.Interconnectivity, network monitoring,network operations centers,master sites, orsystemsrelated tothe StatewideAgencies RadioSystem(STARS) or any other similarlocal or regional public safetycommunications system; and e.Other recordssubmittedto the School Division byany personorentity for the purpose ofantiterrorism response planning or cybersecurity planning or protection (subject to certainrequirements). Va. Code § 2.2-3705.2 (14). Investigator notes and other correspondenceand information,furnishedin confidence to theDepartmentof HumanResources orRisk Managementand Security Services regarding an activeadministrative investigation of individual employment discriminationcomplaints or otherdiscrimination complaints. Va. Code § 2.2-3705.3 (3) and (5). IV.Proceduresfor Responding to Public Requests for Records and Reports of theOffice ofInternal Audit All requests fromthe public forrecords or reports of the Auditorshould behandled through Roanoke County’s Public Information Officer. 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ONTUESDAY, JUNE 28, 2022 RESOLUTION062822-3AUTHORIZING AN AMENDMENT TOTHE PROFESSIONAL ENGINEERING SERVICES FOR PLANTATIONROAD IMPROVEMENTSAGREEMENT WITH WHITMAN, REQUARDT & ASSOCIATES, LLP FOR PHASE 2 OF THE PROJECT WHEREAS, Roanoke County is administering the Plantation Road Bicycle, Pedestrian and Streetscape Improvements, Phase 2, Project; and WHEREAS, Roanoke Countyentered into Contractual Agreement #2013-087 with Whitman, Requardt & Associates, LLP (WRA) on July 22, 2013, for Professional Engineering Services for Plantation Road Improvements; and WHEREAS, the Board of Supervisors authorized an amendment to the agreement on January 21, 2016, for WRA to coordinate utility relocations and construction phase services for Phase 1 of the project; and WHEREAS, the Board of Supervisors authorized an amendment to the agreement on February 12, 2019, for WRA to provide design and construction phase services for Phase 2 of the project; and WHEREAS, Phase 2 of the project isconnectingto an existing shared use path and includessidewalk, curb, and gutter along the west side of Plantation Road between Walrond Driveand Gander Way, pedestrian crosswalks and signals at the Plantation Road/GanderWay/Friendship Lane intersection, widening and realignment of the Walrond Driveintersection, and underground and overhead utility relocations to facilitate theseimprovements; and WHEREAS, as project constructionhas taken longer to completethan anticipated, resulting in the need for additional construction administration services, WRA has 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, JUNE 28, 2022 ORDINANCE 062822-4ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $200,000 FROM THE VIRGINIA TOURISM CORPORATION FOR THE PURPOSE OF TOURISM MARKETING THROUGH VISIST VIRGINIA’S BLUE RIDGE WHEREAS, in response to the present Coronavirus pandemic, onMarch 11,2021, the American Rescue Plan Act of 2021 was signed into law in the amount of $1.9 trillion; and WHEREAS,The American Rescue Plan Act (ARPA) Tourism Recovery program was established by the Virginia General Assembly to provide recovery funds to the Virginia Tourism Corporation and allocate those funds to Destination Marketing Organizations; and WHEREAS, $50,000,000 was allocated to the Virginia Tourism Authority to support local domestic marketing organizations, as well as the Authority’s marketing and incentive programs. WHEREAS, these funds must be used for tourism marketing and development, including media buys, advertising, public relations, salesand product development for expensesincurred during the period that beganon October 14, 2021, and ends on December 31, 2023. WHEREAS,the first reading of this ordinance was held on June 14, 2022; and the second reading was held on June 28, 2022. 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, JUNE 28, 2022 ORDINANCE T0062822-5INCREASE THE SALARIES OF THE MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE COUNTY CHARTER AND SECTION 15.2-1414.3 OF THE CODE OF VIRGINIA WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for the compensation of members of the Board of Supervisors and the procedure for increasing their salaries; and WHEREAS, Section 15.2-1414.3 of the 1950 Code of Virginia, as amended, establishes the annual salaries of members of the Board of Supervisors within certain population brackets; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has heretofore established the annual salaries of Board members at $18,306.91 by Ordinance 062221- 5and further has established that the additional annual compensation for the Chairman for the Board to be $1,800 and for the Vice-Chairman of the Board to be $1,200; and WHEREAS, Section 15.2-1414.3 of the Code of Virginia provides that Board Members’ salaries may be adjusted in any year, by an inflation factor not to exceed five percent, and further provides that the Board must adopt such an ordinance not earlier than May 1 nor later than June 30 each year; and WHEREAS, notice of the proposed salary increase has been provided, in the manner and formprovided by Section 15.2-1427 of the Code of Virginia; and Page 1of 2 WHEREAS, the first reading of this ordinancewas held on June 14, 2022, and the public hearing and second reading was held on June 28, 2022. NOW THREFORE, it is hereby ordained by the Board of Supervisors of Roanoke County, Virginia, that 1.The annual salaries of members of the Board of Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of five percent (5%) pursuant to the provisions of Section 3.07 of the Roanoke County Charter and Section 15.2-1414.3 of the 1950 Code of Virginia, as amended. The new annual salaries shall be $19,222.26for members of the Board. 2.In addition, the Chairman of the Board will receive an additional annual sum of $1,800 and the Vice-Chairman of the Board will receive an additional sum of $1,200. 3.This ordinance shall take effect on July 1, 2022. On motion of Supervisor Mahoneyto adopt the ordinance, seconded by Supervisor Radford and carried by the following recorded vote: AYES:Supervisors Peters, North, Radford, Mahoney NAYS:Supervisor Hooker A COPY TESTE: ___________________________________ Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors Page 2of 2 ACTION NO. A-062822-6.a ITEM NO. J.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE:June 28, 2022 AGENDA ITEM:Confirmation of appointment to the Roanoke County Building Code Board of Appeals; Roanoke County Economic Development Authority (EDA); Parks, Recreation and Tourism Advisory Commission; Roanoke Valley-Alleghany Regional Commission (RVARC); Roanoke Valley Juvenile Detention Commission; Roanoke Valley Greenway Commission; Virginia's First Regional Industrial Facility Authority; Virginia Western Community College Board and the Western Virginia Water Authority SUBMITTED BY:Deborah C. Jacks Chief Deputy Clerk to the Board of Supervisors APPROVED BY:Richard L. Caywood County Administrator ISSUE: Confirmation of at-large appointments. BACKGROUND: Roanoke County Building Code Board of Appeals: James Ruhland’s four (4) year term will expire July 29, 2022. It is the consensus of the Board to reappoint Mr. Ruhland to an additional four (4) year term to expire July 29, 2026. Ralph Henry’s four (4) year term expired October 28, 2021. Staff has recommended the appointment of William Fowler for a term to expire June 28, 2026. It is the consensus of the Board to appoint Mr. Fowler to this board. Page 1of 3 Roanoke County Economic Development Authority: Supervisor Mahoney has recommended the reappointment of Michael Cagle to represent the Cave Spring Magisterial District to an additional four (4) year term, which will expire on June 30, 2026. Roanoke County Planning Commission: Supervisor Phil C. North has recommended the reappointment of Wayne Bower to represent the Hollins Magisterial District to an additional four (4) year term, which will expire on June 30, 2026. Roanoke County Parks, Recreation and Tourism Advisory Commission: Supervisor Paul Mahoney has recommended the reappointment of Fred Corbett to represent the Cave Spring Magisterial District to an additional three (3) year term, which will expire on June 30, 2025. Supervisor Phil C. North has recommended the reappointment of David Linden to represent the Hollins Magisterial District for an additional three (3) year term, which will expire on June 30, 2025. Supervisor Phil C. North has also recommended the reappointment of William “Ranny” Grubb to represent the Hollins Magisterial District for an additional three (3) year term, which will expire on June 30, 2025. It is the consensus of the Board to reappoint Bill Tanger, who represents the VRFA to an additional three (3) year term, which will expire June 20, 2025. Roanoke Valley-Alleghany Regional Commission: Effective July 1, 2022, the charter for the Roanoke Valley-Alleghany Regional Commission was amended to change the number of members on this Commission. Roanoke County is limited to two elected officials and one citizen representative. It is the consensus of the Board to reappoint Dean Martin (citizen representative) to an additional three (3) year term, which will expire June30, 2025. Roanoke Valley Juvenile Detention Commission: It is the consensus of the Board to appoint Sheriff Eric Orange to a three (3) year term, which will expire June 30, 2025 and Laurie Gearheart as an alternate to a three (3) year term, which will also expire June 30, 2025. Page 2of 3 Roanoke Valley Greenway Commission: Frank Simms’ term on the Greenway Commission will expire June 30, 2022. It is the consensus of the Board to reappoint Ms. Simms to an additional three (3) year term to expire June 30, 2025. Virginia’s First Regional Industrial Facility Authority: It is the consensus of the Board to reappoint Supervisor Jason Peters and Supervisor Martha Hooker to an additional four (4) year term, which will expire June 20, 2026. Virginia Western Community College Board: Tim Rowe’s term on this Board will expire June 30, 2022. It is the consensus of the Board to reappoint Mr. Rowe to an additional four (4) year term, which will expire June 30, 2026. Western Virginia Water Authority: Based on the Town of Vinton and Roanoke County staff, it is the consensus of the Board to appoint Don Halliwill to a four (4) year term, which will expire June 30, 2026 STAFF RECOMMENDATION: Staff recommends confirmation of all appointments. VOTE: Supervisor Peters moved to confirm the appointments.Supervisor Hooker seconded the motion. Motion approved. YesNoAbsent Mr. Peters Ms. Hooker Mr. North Mr. Radford Mr. Mahoney cc:Laurie Gearheart, Director of Finance and Management Services Steve Elliott, Budget Administrator Page 3of 3 ACTION NO. A-062822-6.b ITEM NO. J.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE:June 28, 2022 AGENDA ITEM:Request to accept and allocate funds inthe amount of $127.75 to the Clerk of the Circuit Court from the Commonwealth of Virginia SUBMITTED BY:Jill Camilletti Deputy Clerk IV APPROVED BY:Richard L. Caywood County Administrator ISSUE: Acceptance and allocation of funds in the amount of $127.75 to the Clerk of the Circuit Court from the Commonwealth of Virginia. BACKGROUND: The postage allocation represents a request to the Compensation Board to help offset postage costs. DISCUSSION: The funds received from the Commonwealth of Virginia have been earmarked for postage needs. FISCAL IMPACT: All funds are provided by the Commonwealth of Virginia. No County matching funds are required. STAFF RECOMMENDATION: Staff recommends accepting and allocating $127.75 to the Clerk of the Circuit Court Page 1of 2 from the Commonwealth of Virginia. VOTE: Supervisor Petersmoved to approve the appropriation. Supervisor Hookerseconded the motion. Motion approved. YesNoAbsent Mr. Peters Ms. Hooker Mr. North Mr. Radford Mr. Mahoney cc: Jill Camilletti,DeputyClerk IV Laurie Gearheart, Director of Finance and Management Services Steve Elliott, Budget Administrator Page 2of 2