HomeMy WebLinkAbout8/11/2020 - Regular
August 11, 2020
329
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the secondTuesday and the first
regularly scheduledmeeting of the month of August 2020.Audio and video recordings
of this meeting will be held on file for a minimum of five (5) years in the office of the
Clerk to the Board of Supervisors.
IN RE:OPENING CEREMONIES
Before the meeting was called to order, a moment of silence was
observed.The Pledge of Allegiance was recited by all present.
IN RE:CALL TO ORDER
Chairman Radfordcalled the meeting to order at 3:01 p.m.The roll call
was taken.
MEMBERS PRESENT:Chairman David F. Radford; Supervisors Martha B. Hooker,
Paul M. Mahoney(via conference call), Phil C. North and P.
Jason Peters
MEMBERS ABSENT:None
STAFF PRESENT:Daniel R. O’Donnell, County Administrator; Richard
Caywood, Assistant County Administrator;Rebecca Owens,
Assistant County Administrator; Peter S. Lubeck, County
Attorney; Amy Whittaker, Public Information Officer and
Deborah C. Jacks, Chief Deputy Clerk to the Board
IN RE:REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Peter S. Lubeck, County Attorneyrequested the addition of the following
agenda item, Resolution petitioning the General Assembly to favorably consider the
issue of rural broadband expansion at its upcoming special session as a New Business
item. There were no objections.
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IN RE:NEW BUSINESS
1.Resolution authorizing Milestone Communications, Inc. to file a
Rezoning / Special Use Permit Application to erect a wireless
broadcast tower on property owned by the Roanoke County
Board of Supervisors, located at 420 Swan Drive (Tax Map No.
061.02-01-51.00-0000), Vinton Magisterial District (Peter Lubeck,
County Attorney)
Mr. Lubeck outlined the request for resolution.There was no discussion.
RESOLUTION 081120-1AUTHORIZING MILESTONE
COMMUNICATION, INC. TO FILE A REZONING/ SPECIAL USE
PERMIT APPLICATION TO ERECT A WIRELESS BROADCAST
TOWER ON PROPERTY OWNED BY THE ROANOKE COUNTY
BOARD OF SUPERVISORS, LOCATED AT 420 SWAN DRIVE
(TAX MAP NO. 061.02-01-51.00-0000), VINTON MAGISTERIAL
DISTRICT
WHEREAS, by letter of February 11, 2020, Milestone Communication, Inc.
(“Milestone”) has proposed to erect a wireless broadcast tower on property owned by
the Roanoke County Board of Supervisors, located at 420 Swan Drive (Tax Map No.
061.02-01-51-00.0000) in Stonebridge Park in the Vinton Magisterial District; and
WHEREAS, in order for the Board to properly consider Milestone’s proposal,
Milestone must first submit an application for a rezoning and a special use permit, and
the application must be reviewed by County staff, the Planning Commission and the
Board of Supervisors, pursuant to the process set forth in the Roanoke County Zoning
Ordinance (Appendix A to the Roanoke County Code); and
WHEREAS, pursuant to Section 30-19-2 of the County Code, because Milestone
is not the owner of the property located at Stonebridge Park, Milestone must first obtain
written consent from the Board of Supervisors in order to file the application; and
WHEREAS, a rezoning and special use permit application is necessary because
the property at Stonebridge Park is presently zoned R-1 (low density residential);
pursuant to the Zoning Ordinance, a wireless broadcast tower may only be erected on
property that is zoned for agricultural, commercial or industrial use, and further requires
a special use permit; and
WHEREAS, no County representatives have given Milestone assurance, of any
kind, that such an application will ultimately be approved by the Board of Supervisors.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia, that Milestone Communications, Inc. is hereby authorized to
file a rezoning and special use permit application regarding its proposal to erect a
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wireless broadcast tower on property located at 420 Swan Drive (Tax Map No. 061.02-
01-51-00.0000) in Stonebridge Park in the Vinton Magisterial District.
On motion of Supervisor Petersto adopt the resolution, seconded by Supervisor
Hookerand carried by the following recorded vote:
AYES:Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS:None
2.Resolution petitioning the General Assembly to favorably
consider the issue of rural broadband expansion at its upcoming
special session (Peter S. Lubeck, County Attorney
Mr. Lubeck outlined the request and read the resolution that was brought
forward at the request of Supervisor North.
Supervisor Hooker expressed her appreciation to Supervisor North and to
Mr. Lubeck for bringing this forward; it is greatly needed and if funds are available on
the State level we definitely need to tap into them. Thank you very much for your work
Supervisor North commented this move came from a meeting last week
with Virginia Counties Economic Development Committee. There is $16 million that
was unallotted from the spring budget for the next two years. This is what this is trying
to do is to get the $16million reinstated towards $19 million in each year or $38 million
for the next year biannualbudget, but it is also advocacythat we seek continued
momentum to increase future years allocations because of the COVID and the
telemedicine needs as well as the distanteducation needs. So, this is where this
resolution came from and hopefully this will occur.
There was no further discussion.
RESOLUTION 081120-2PETITIONING THE GENERAL
ASSEMBLY TO FAVORABLY CONSIDER THE ISSUE OF
RURAL BROADBAND EXPANSION ATITS UPCOMING
SPECIAL SESSION
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, in advance of
the upcoming August 2020 special session, petitions the General Assembly to favorably
consider the issue of rural broadband expansion; and
WHEREAS, as a result of the COVID-19 pandemic, access to telemedicine,
distance learning, and telecommuting capabilities has become urgent and essential for
Virginians; and
WHEREAS, 20% of Roanoke County citizens reside in “unserved” areas, and are
accordingly without internet access; and
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WHEREAS, an additional 13% of Roanoke County citizens reside in
“underserved” areas, as defined by the Federal Communication Commission (have
service, but at a speed less than 25 megabits per second downstream and 3 megabits
per second upstream); and
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, thatthe Board respectfully urges the General Assembly to:
1)Restore unallocatedfunds to the Virginia Telecommunication Initiative (VATI).
2)Provide greater flexibility to localities, in qualifying for VATI funding, to work
with internet providers (especially in instances when “dark fiber” exists) to
increase internet usage.
On motion of Supervisor Northto adopt the resolution, seconded by Supervisor
Hookerand carried by the following recorded vote:
AYES:Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS:None
IN RE:FIRST READING OF ORDINANCES
1.Ordinance authorizing Hazard Pay in the amount of $905,336.80
from CARES Act Funds and Gratitude Bonus in the amount of
$556,012.25 from General Funds (Due to the Pandemic Disaster, it
is requested, upon a four-fifths vote of the Board, the second
reading be waived and the ordinance adopted as an emergency
measure) (Daniel R. O'Donnell, County Administrator)
Mr. O’Donnell outlined the request for ordinance.
Supervisor Peters commented he would like to express his gratitude to
Congress and our President for putting into effect the CARES Act to recognizeour
police, fire and rescue and sheriff’s department; the folks that have been on the front
line who are coming in contact with COVID in their normal job. Also, he thanked Mr.
O’Donnell and his staff because the rest of the staff of Roanoke County have done a
tremendous job as well and budget to be able to find this money in the general fund to
give them a show of gratitude as we were not able to accomplish some of the things we
wanted to in this past year’s budget because we have all been “put through the wringer”
so to speak with the pandemic and how it has changed everybody’s life. He does
appreciate your work and all of administration who have worked diligentlyon this.
There was no further discussion.
ORDINANCE 081120-3AUTHORIZING HAZARD PAY IN THE
AMOUNT OF $905,336.80 FROM CARES ACT FUNDS AND
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GRATITUDE BONUS IN THE AMOUNT OF $556,012.25 FROM
GENERAL FUNDS
WHEREAS, the COVID-19 pandemic has created many uncertainties for the County
budget; and
WHEREAS, the original fiscal year 2021 budget, proposed on March 10, 2020, included
a 2.75% across-the-board compensation adjustment for County employees, along with funding
to be utilized to address findings from the recently conducted Compensation Study; and
WHEREAS, as a result of COVID-19and the resulting economic downturn, the County
was required to decrease revenue projections by $11 million and to eliminate the previously
proposed salary increases; and
WHEREAS, accordingly, the approved fiscal year 2021 budget did not include any salary
adjustments for employees; and
WHEREAS, in order to provide relief to states and localities during the COVID-19
pandemic, the United States Congress passed and the President recently signed the
Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020; and
WHEREAS, this Act provides funding fora number of different programs to address the
COVID-19 pandemic. A primary component of the CARES Act is $150 billion in assistance to
state, local, territorial, and tribal governments for the direct impact of the COVID-19 pandemic
through the establishment of the Coronavirus Relief Fund (CRF); and
WHEREAS, Roanoke County received $8,217,365 from the CRF, which funds were
appropriated on June 23, 2020; and
WHEREAS, guidance issued by the United States Department of the Treasury, on May
28, 2020, advised that “\[t\]he Fund is designed to provide ready funding to address unforeseen
financial needs and risk created by the COVID-19 public health emergency. For this reason, as
a matter of administrative convenience in light of the emergency nature of this program, a State,
territorial, local, or Tribal government may presume that payroll costs for public health and
public safety employees are payments for services substantially dedicated to mitigating or
responding to the COVID-19 public health emergency …” andthat the CRF funds may
accordingly be used for such payroll expenses, including hazard pay; and
WHEREAS, it has been proposed that uniformed employees in the departments of
Police, Fire and Rescue, and Sheriff receive hazard pay as recognition for the increased risk
assumed during the COVID-19 pandemic, and that such hazard pay may be funded from
CARES Act funds; and
WHEREAS, it has further been proposed that all other County employees receive a
gratitude bonus as recognition for increased risk assumedduring the COVID-19 pandemic, and
that such bonuses be paid from the County’s General Funds; and
WHEREAS, Section 15.2-1508 of the 1950 Code of Virginia, as amended, authorizes
the governing body of any locality to pay monetary bonuses to its officers and employees, and
WHEREAS, the Board of Supervisors of Roanoke County deems that it is in its best
interests to authorize the payment of the proposed hazard pay and gratitude bonuses to
recognize the services rendered by County officers and employees during these difficult
economic times; and
WHEREAS, the first reading of this ordinance was held on August 11, 2020; and
because County Administration would like to make such payments to employees on August 21,
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2020,the second reading of this ordinance has been dispensed with since an emergency exists,
upon a 4/5ths vote of the members of the Board.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1.The County Administrator is hereby authorized to pay hazard payto uniformed
employees in the departments of Police, Fire and Rescue, and Sheriff from
previously appropriated CARES Act Funds as follows:
a.Full-time uniformed, sworn public safety employees shall receive $2,000 in
hazard pay.
b.Part-time uniformed, sworn public safety employees shall receive $1,000 in
hazard pay.
c.Such hazard pay is not a bonus, and reflects a retroactive payment of $200/
$100 per pay period for the ten pay periods from March 20 through July 24,
2020 for uniformed / sworn public safety employees, as provided for in the
CARES Act and in guidance provided by the United States Department of the
Treasury regarding expenditure of CARES Act funds.
d.Such total payments from appropriated CARES Act funds may be up to the
amount of $905,336.80.
2.The County Administrator is hereby authorized to pay a gratitude bonus from the
County General Fund to all other Roanoke County officers and employees as
follows:
a.All full-time employees not receiving hazard pay shall receive a $750 bonus.
b.Part-time employees not receiving hazard pay shall receive a $250 bonus.
c.Such total payments from the General Fund may be up to the amount of
$556,012.25.
3.County employees qualifying for the hazard pay or gratitude pay bonus are
further defined as full-time and part-time employees who are in active pay status
at the time the hazard pay or gratitude pay bonus is paid. Part-time employees
are those working during March 20 through July 24 and recommended by their
respective department director. Members of boards and commissionsare not
eligible for the gratitudebonus.
On motion of Supervisor Peters to adopt the ordinance as an emergency,
seconded by Supervisor Hookerand carried by the following recorded vote:
AYES:Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS:None
2.Ordinance authorizing the relocation of the principal office of the
General Registrar for Roanoke County to the Craig Center,
located at 900 Chestnut Street, in the Vinton Magisterial District
(Peter S. Lubeck, County Attorney)
Mr. Lubeck outlined the request for ordinance.
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Supervisor Peters commented that he was glad to see the repurposing of
that building. It has been in question for a number of years, so it should give them
plenty of space they have been looking for.
There was no further discussion.
Supervisor Peters’motion to approve the first reading andset the second
readingfor August 25, 2020, was seconded by Supervisor Northand approved by the
following vote:
AYES:Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS:None
IN RE:CONSENT AGENDA
RESOLUTION 081120-4APPROVINGAND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM F-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 August 11,
2020, designated as Item F-Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1, as
follows:
1.Approval of minutes –July 28, 2020
On motion of Supervisor Hookerto adopt the resolution, seconded by Supervisor
Northand carried by the following recorded vote:
AYES:Supervisors Mahoney,Hooker, North, Peters, Radford
NAYS:None
IN RE:REPORTS
Supervisor Peters moved toreceive and file the following reports. The
motion was seconded by Supervisor North and carried by the following recorded vote:
AYES:Supervisors Assaid, Hooker, Radford, Peters, North
NAYS:None
1.Unappropriated, Board Contingency and Capital Reserves Report
2.Outstanding Debt Report
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IN RE:REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor North first thanked the Economic Development team for their
administration and help for our local businesses, with CARES act grants amounting to
over 170 businesses thus far for $800,000. He understands the program has been
extended so if there are any businesses who have not submitted an application, you
may still do so. He stated he had mentioned earlier about VACo and economic
development efforts to increase broadband funding, so he did not digress on that any
further. He did mention that with regard to the Transportation Steering Committee,
which he is Vice Chair, three (3) topics will be discussed, which have been talked about
over the last three (3) months, at the upcoming General Assembly;one is auto-usage,
which has declined from a low of 41% due to COVID in March to 22% in July. Although
trucking is back to normal levels, fuel tax lags in collections in the State as well as sales
taxes and retail taxes statewideis down 11%. All of this impacts future transportation
dollars and funding. This is why, we in Roanoke County, our Planning Development as
well as staff, met with our local Commonwealth Transportation Board representative, Dr.
Ray Smoot to advocate and share our local regional and County projects and needs for
the upcoming SMARTSCALE application program, which is due this month. This
includes the Rt. 460 improvements. We are asking for $43 million in SMARTSCALE
funding. Now, let’s be realistic, we probably are not going to get all of that, but we are
sure going to keep on trying on those that we don’t. In any instance, we wanted to keep
Dr. Smoot apprised of all of the efforts and the specific projects. Bottom line, future
State funding dollars will be challenged. On one final note regarding rail passenger
service, which came up in the meeting, expansions on rail service to Lynchburg and
Roanoke and beyond into the New River Valley depends on Norfolk Southern approvals
as well as the expansion of the Long Bridge over the Potomac River in Washington,
which probably will not be completed until 2030. This is a very expensive project,
needless to say. On one final note of interest, with the 2020 legislation to fund Hampton
Roads Regional Transit Program, at the minute, some $20 million from existing
statewide recordation funds were shifted to this program. What does this mean to
Roanoke County? It means we will be at a loss of $400,000, which impacts
transportation and education funding. VACo supports as well as himself, the future
restoration of these revenues in the 2021 General Assembly session for next year. You
learn something new every day.
Supervisor Mahoney commented he had two comments that he would like
tobring to the Board’s attention. First, he requested through the County Administrator,
if Mr. Caywood could look at the bridge construction on Rt. 220 as you head down to
Franklin County. This project has been going on a long time; he is hearing from many
citizens. It appears there are many problems with the bridge construction and settling of
the land on either side of the bridge. He does not know who the contractor is from
VDOT, but he has been told it is the same contractor that had the problems with
th
Roanoke City on the 10Street construction and he would hope that we could maybe
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put a little pressure on VDOT and on this contractor to try to address the construction
problems. If that bridge fails, we will have a real problem transportation wise andyou
can image all the traffic that is on Rt. 220. The traffic would then come over Rt. 116 is
his assumption. He thinks there is a real problem with the pace of that construction and
the work that is going on there. The second issue he would like to raise and has
already had several discussions with the County Attorney about this. He is really
worried about the upcoming November election and particularlyunder item E-2, he
supported the ordinance where we relocate the principal office of the registrar.He
would like to have the Board consider if we could look at creating and designatinga
satellitefacility, maybe at the Brambleton Center. He also believes that all the Board
members have received an email from Mr. Srpan on the Electoral Board about perhaps
using our libraries as other satellite facilities, particularly with the early voting that the
General Assembly has authorized. He just sees a real problem with what might happen
in November. He knows many of our fine citizens who serve as poll workers, many of
whom are frightened and we may be losing some existingprecincts. So if the County
can perhaps work with the Registrar and look at some satellitefacilities, whether it is the
Brambleton Center or our libraries. He stated he thinks that would be a great step to
take. Time is getting short; the election is close upon us and he knows there are
procedural and legal requirements that have to be followed to designate satellite
facilities. He would ask that the County Administrator and the County Attorney try to
work with the Registrar and come up with some alternative plans, just in case. Let’s be
prepared for the worst.
Supervisor Radford stated in response to Supervisor Mahoney,
administration is looking at the comments from that email we allreceived from Mr.
Srpan with regards to the libraries. It will be looked at. One comment that he would like
to add here at the very end, he is glad the Board had the resolution about the State
trying to reallocate those funds back to VATI. If anything is more prominent as far as a
need right now is broadband. He advised he has three new residents that are working
full-time jobs in his house. One from Washington, DC and two from Seattle. If he did
not have the broadband where he lives, they would not be here. They are here in our
town spending a little bit of money, but they are going to stay here awhile because their
firms will allow them to telecommute. We really have to jump on this while we can. We
have the opportunity to expand our infrastructure of broadband in our County. He notes
that 33% is a big chunk of underserved or unserved, so he is glad we are looking at that
in the Catawba and other districts. He is looking forward to getting more help in that
area.
Chairman Radford recessed to thefourth floor for work session at 3:30
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IN RE:WORK SESSIONS
1.Work session to discuss the Virginia Values Act with the Board of
Supervisors (Peter S. Lubeck, County Attorney)
Mr. Lubeck provided a PowerPoint presentation.
Supervisor Hooker inquired how the information is disseminated with Mr.
Lubeck advised posters, employee handbook and on our website. He added the
posters do not exist. They have been ordered and they were not updated so we need
to create the posters, which Mary Beth Nash is workingon.
Mr. O’Donnell advised we are planning on training; starting with
Department Heads and trying to figure out if we can do a ZOOM or a combination
ZOOM with an in-person meeting to start. Mr. O’Donnell stated he feels the best way to
deal with this is by prevention and making sure education happens to make sure people
understand what they can and cannot do in the workplace so we do not get into
litigation. Mary Beth Nash and Anita Hassell are working on training.
Supervisor Radford asked Mr. Lubeck with reference to page 9, an
example of gender identity with Mr. Lubeck explaining there is binary gender identity
where a person has not decided and can be male or female at the same time.
Supervisor Radford asked how do we understand that if we don’t knowthat. Mr. Lubeck
stated the employee would have to tell us.
Supervisor Mahoneyasked Mr. Lubeck or Mr. O’Donnell with this new
legislation, has VACORP, our insurance carrier, indicated to us a possibility of
increased premiums. He stated he thinks we are going to see a significant amount of
litigation in this area, particularly under the Virginia rules. It is almost impossible to
weed out the more frivolous cases. Mr. O’Donnell responded he has not heard
anything. Mr. Lubeck advised he had not heard anything either. Supervisor Mahoney
then stated the second question to Mr. Lubeck with regard to attorney fees, he has not
had a chance to review the statute in detail. Are attorney’s fees only awarded to the
plaintiff or does the language in the statutestate they can only be awarded to the
prevailing party. Mr. Lubeck responded he would review the Code and respond.
Supervisor Mahoney stated in the federal realm, the language seems to authorize it, but
the federal judges were reluctant to impose attorney’s fees on behalf of an employer
against the plaintiff.
The work session was held from 3:46 p.m. until 4:07 p.m.
Mr. Mahoney left the meeting at 4:08 p.m. as he stated he had worked on
this item while on the Planning Commission.
2.Work session to discuss an ordinance amending sections of the
Roanoke County Zoning Ordinance dealing with floodplain
regulations with the Board of Supervisors (Philip Thompson,
Director of Planning)
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