Virginia Municipal League

Building Better Communities Through Sound Government

Better Communities Through Sound Government

VML eNews, the newsletter of the Virginia Municipal League, is published every other week except during sessions of the General Assembly. During legislative sessions it is published weekly. The newsletter includes up-to-date information on activities at the state capitol, including the General Assembly, and in the U.S. Congress and within the VML family of local governments.

Editor: Kelley Hope  |  Associate Editor: Manuel Timbreza

eNews

In this issue:

Opportunities

Utilities

FOIA

Transportation

Health & Human Services

Broadband

Economy & Budget

Elections

Opportunities

VML Newly Elected Official Conference January 6 registration open

Registration is now open for the next VML Newly Elected Officials Conference being held virtually on January 6, 2021 from 10:00 AM – 3:00 PM.

This event is being offered free of charge to officials and staff of VML member localities.

Registration and details are available here >.

VML’s Newly Elected Officials Conference provides a valuable opportunity for both new and seasoned public officials to learn from speakers with extensive experience working with local government officials. Furthermore, the conference offers an excellent opportunity to learn what it takes to succeed and how to avoid common pitfalls as an elected official.

VML Contact: Jessica Ackerman, jackerman@vml.org

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NLC Community Resilience grant program now accepting proposals

The National League of Cities 2021 Leadership in Community Resilience program is now accepting proposals from cities seeking additional funding for resilience-related projects. Each city selected for the 2021 cohort will receive $10,000 in financial support, and customized support from both NLC and the Resilient Cities Network (formerly 100RC).

The deadline for applications is December 23, 2020.

To learn more, find FAQs and apply click here. Check this page for more info on past projects.

NLC Contact: Anna Marandi, Senior Specialist, marandi@nlc.org

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Norfolk Southern licensing options now available through RailPros

Norfolk Southern assists utilities, municipalities, and other parties by offering fiber optic installation opportunities throughout its 22-state network and pipe and wire licensing options along 19,500 miles of rights of way.

To make the process of obtaining utility occupancy licenses for wireline and pipeline projects more efficient and accessible, Norfolk Southern has retained RailPros to manage its wire and pipeline program.

RailPros offers a new, innovative, and transparent online permit and management system to handle utility permitting and coordination processes. RailPro’s cloud-based, web-enabled right-of-way management software allows applicants to upload attachments, send messages, obtain real-time status updates, execute agreements, and coordinate field services.

Those interested in initiating the process, should complete the online application and submit the applicable fees. It is advisable to look into the licensing fees associated with your project well ahead of making budgeting decisions since operating costs and Federal regulations need to be taken into consideration.

For more information and links to apply, visit the Norfolk Southern application page here >. Or reach out to Norfolk Southern directly with questions about potential projects before you apply.

Norfolk Southern Contact: Tim Bentley, Regional Vice President – Government Relations, Timothy.Bentley@nscorp.com

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Utilities

VAMWA templates available for budget impacts on municipal utilities and moratorium on disconnections

 

The following templates were shared by the Virginia Association of Municipal Wastewater Agencies and are intended to provide an efficient starting point for localities considering implementation issues. Use the linked title to view/download the template:

Model Resolution for Moratorium Exemption Under 1% Test – This VAMWA template is a draft starting point that may save VAMWA Members time in devising their individual resolutions. Elements highlighted in yellow are mandatory elements (do not delete) from Paragraph 7.f. of Item 4-14 of the controlling Appropriation Act Amendments. Non-highlighted language is example optional context that is potentially desirable for conveying background, need and positive intent.

Model Fiscal Agent Agreement for CARES Funding – This VAMWA template is a draft starting point that may save VAMWA Members time in devising individual fiscal agent agreements. DHCD’s COVID-19 Municipal Utility Relief Program requires that any CARES funding award to a Town or Authority be disbursed through a partnering City or County serving as the Fiscal Agent with the Virginia Department of Accounts for the receipt and pass-through of funds. The template is drafted for an Authority; if used by a Town instead, replace Authority references accordingly. Although this template has been reviewed by DHCD, VAMWA Members who use it are encouraged to have your individual agreement prepared by or with the advice and counsel of your legal counsel.

VML Contact: Mitchell Smiley, msmiley@vml.org

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FOIA

Freedom of Information (FOIA) Council meets

The FOIA Council met this week and took up a hefty agenda.*

*Note: There are no links to the bills in the agenda because there was a lot of editing during the meeting; the legislation prior to the meeting can be found here where the expected patrons are listed. You can monitor each patron’s bill list here as the final drafts are posted by clicking on the patron’s name.

First up on the agenda was the issue of phishing which entailed two suggested bills, the first one deals with the protection of personal contact information provided to a public body, its members or employees for the purpose of enrolling in electronic communications; the second deals with protection during general correspondence.

The Council recommended only the first bill (related to protection of personal contact information for the purpose of enrolling in electronic communications) and included  an “opt-in” so that if a person would like to have their personal contact information shared, they would have to tell the public body, member or employee that it can be shared. Currently the law is an “opt-out” for the sharing of this information.

It is expected that Delegate Heretick will carry this legislation.

The Council also took up the issue of electronic records on two general topics:

First – Allow a public body to conduct a meeting through electronic communication means if, on or before the day of the meeting, a member of the public body holding the meeting notifies the chair of the public body that he is unable to attend due to a serious medical condition of an immediate family member that prevents the member’s physical attendance. The council recommended removing the word “serious.”

The proposed legislation limits electronic participation in an electronic meeting due to a personal matter or the serious medical condition to either two meetings per calendar year or 25 percent of the meetings held that calendar year rounded up to the nearest whole whichever is greater. There must be a physical quorum present at the meeting and the public body must have a written policy allowing for participation of members by electronic means.

This was recommended by the FOIA Council and Delegate Levine will carry the proposed legislation.

Second – Put into the state code a provision for public bodies to have the ability to meet electronically to conduct their normal business if there is a state of emergency declared by the state or locality.  Providing public notice, access and otherwise complying with FOIA is still required along with allowing public comment if that is normally received.

VML, VACo, the Virginia Press Association and the Virginia Coalition for Open Government provided draft legislation that was ultimately recommended. Delegate Sullivan will carry the proposed legislation.

Lastly, the FOIA Council took up criminal records disclosure. The purpose of this legislation is to add criminal investigative files to the types of records that are required to be released.  Under the current law the release of these records is discretionary. The proposed legislation defines criminal investigative files as well as criminal incident information. Also, law enforcement or the Attorney for the Commonwealth have the ability to petition a court of record to withhold specific records if it is likely to jeopardize an ongoing investigation or cause certain other harms.

The FOIA Council recommended this legislation and we expect that Delegate Hurst will carry it.

VML Contact: Michelle Gowdy. mgowdy@vml.org

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Transportation

VDOT/VDH Walkability/Active Transportation Locality Survey due by December 18

The Virginia Department of Transportation (VDOT) and Virginia Department of Health (VDH) are asking localities to complete their Walkability/Active Transportation – Locality Survey by December 18, 2020.

The organizations are leading a State Engagement Model (StEM) to further develop active communities to advance active transportation, health equity, and transportation justice. The purpose of this survey is to learn from local/regional agencies about current practices, resources and tools being used, and further needs in order to successfully develop plans, policies and projects that improve active transportation, transportation justice, health equity, and overall health outcomes.

VML members are encouraged to collaborate with other staff representing your local agency to complete this survey.

VDOT Contact: Stephen Read, Highway Safety Planning Manager, stephen.read@vdot.virginia.gov

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Health & Human Services

Just the facts: COVID numbers, vaccine plans, and tabletop exercise materials

The rising numbers around COVID-19 in Virginia and across the country are concerning and the news coverage can be overwhelming. If you take comfort in facts, both the Virginia Department of Health (VDH) and the Virginia Hospital and Healthcare Association (VHHA) provide up-to-date numbers on their website that give you the essential data about COVID-19 in Virginia.

The VHHA dashboard

VHHA’s dashboard provides the daily status of COVID-19 in Virginia hospitals including current numbers of diagnosed cases, hospital bed and ICU bed usage and capacity, and ventilator usage and availability.

View the VHHA dashboard here >.

While Virginia hospitals continue to have sufficient capacity, they have faced, and continue to face staffing challenges, in part because of staff testing positive for the virus. The coming vaccines will help, and indications are that Virginia will follow federal guidelines giving initial priority for vaccines to health workers as well as residents of long term care facilities.

The VDH website

The VDH website includes a wide range of information, including statewide, regional and locality data regarding COVID caseloads as well as information about testing sites, guidance for the communities, workplaces and schools, and information about the COVIDWISE app.

View the VDH website here >.

To see a PowerPoint with up-to-date data on testing in Virginia, go to VDH’s emergency preparedness page where you will find links to the most recent reports. This page also includes a link to a presentation and materials for a local tabletop exercise on planning and conducting a vaccination campaign. The exercise is intended to be conducted with community partners and can be scaled to the size of the community/communities involved.

VML Contact: Janet Areson, jareson@vml.org

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Marcus alert planning group to be formed; nominations due December 15

The 2020 Special Session passed legislation creating a new statewide mental health crisis alert system (named the Marcus alert system) and crisis response infrastructure.

Work on system planning and development will begin in January and run through at least next December. The Department of Behavioral Health and Developmental Services (DBHDS) is the lead agency and will coordinate the process in cooperation with the Department of Criminal Justice Services (DCJS).

DBHDS this week posted a link to a nominations form for anyone interested in serving on a statewide stakeholder group. The deadline for applications is December 15, 2020. DBHDS encourages stakeholders across mental health, development services, law enforcement, emergency management, substance abuse, racial equity, social justice, and other social and rehabilitative services, including those for youth, to apply to serve on the stakeholder group. Please be aware that only 20 people will be chosen for this group.

DBHDS also sent to community services board (CSB) directors additional information about the implementation process and a community checklist for potentially participating in the first round of five CSBs/regions to implement the new crisis response and crisis services system by December 2021.  All localities will be phased in for implementation by 2026.

VML Contact: Janet Areson, jareson@vml.org

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Broadband

Broadband Advisory Council discusses VATI study

The Virginia Broadband Advisory Council met today to discuss the study included in the state budget requiring them to:

“…assess updating the Virginia Telecommunication Initiative (VATI) to allow for public broadband authorities to apply directly for VATI funds without investment from the private sector. The Department of Housing and Community Development on behalf of the Council shall submit feedback on the potential impacts of this policy change to the General Assembly before the 2021 session.”

After considering three options they voted for Option C (Permit public broadband authorities to apply under a pilot program) as listed in their agenda.

Option C states the following:

“The Broadband Advisory Council may recommend the General Assembly consider directing the Department of Housing and Community Development create a pilot program within VATI, with awards not to exceed 10 percent of total available VATI funds in FY22, to which public broadband authorities may apply without investment from the private sector.”

The Council also discussed potential legislation related to broadband that includes railroad crossings, affordability, pole attachments, unserved/underserved and mapping.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Economy & Budget

Economic outlook remains mixed

Check the response that best describes the economy:

  1. __ Recovering,
  2. __ Continuing to Decline,
  3. ­­__ Doing both Simultaneously

In remarks delivered to the House Committee on Financial Services earlier this week, Federal Reserve Chairman Powell told the congressmen that “economic activity has continued to recover from its depressed second-quarter level. The reopening of the economy led to a rapid rebound in activity, and real gross domestic product, or GDP, rose at an annual rate of 33 percent in the third quarter.”

However, Chairman Powell noted that in recent months the pace of improvement has moderated.

Household spending on goods, especially durable goods, has been strong and has moved above its pre-pandemic level. In contrast, spending on services remains low largely because of ongoing weakness in sectors that typically require people to gather closely, including travel and hospitality.

Chairman Powell pointed out that the federal government’s role in the recovery, thus far, was critical.  The overall rebound in household spending is due, in part, to federal stimulus payments and expanded unemployment benefits, which provided essential support to many families and individuals. With a new Administration just weeks away from taking office in Washington, it is questionable if there will be a “honeymoon” truce accepted by the political parties to develop compromise proposals to reinvigorate public services, provide safety net protections for individuals and families, and stimulate business activity.

An unequal impact

According to Powell: “In the labor market, more than half of the 22 million jobs that were lost in March and April have been regained, as many people were able to return to work. As with overall economic activity, the pace of improvement in the labor market has moderated…The economic downturn has not fallen equally on all Americans, and those least able to shoulder the burden have been hardest hit. In particular, the high level of joblessness has been especially severe for lower-wage workers in the services sector, for women, for young workers, and for African Americans and Hispanics. The economic dislocation has upended many lives and created great uncertainty about the future.”

Long-term unemployment of 27-weeks or longer is skyrocketing.  Many workers seeking employment will find themselves navigating a choppy labor market. COVID is abruptly taking out a swath of jobs that were thought to be comparatively resilient, in services that require personal contact with customers. And the jolt has landed squarely on workers with little or no education beyond high school, toiling in the low-wage service economy

Powell continued to emphasize that the outlook for the economy is extraordinarily uncertain and will depend, in large part, on the success of efforts to keep the virus in check. A full economic recovery is unlikely until people are confident that it is safe to reengage in a broad range of activities.

So how does Virginia’s economy compare with the rest of the country?

Choose the best response:

  1.  __ Better
  2.  __ Worse
  3.  __ Not Sure

On the job front for the filing week ending November 21, the figure for seasonally unadjusted initial claims in Virginia was 12,234. The latest claims figure was an increase of 1,146 claimants (or 10.3 percent) from the previous week and rose to its highest level in nearly a month.

The continued weeks claimed totaled 81,138, which was a 4.7 percent decrease from the previous week, but 63,597 higher than the 17,541 continued claims from the comparable week last year. Although a deceleration, this drop indicated a continuation of its recent declining trend. The continued claims total is mainly comprised of those recent initial claimants who continued to file for unemployment insurance benefits during the COVID-19 pandemic.

The improving unemployment rate over the past several weeks is encouraging but when compared with the unemployment numbers over the previous ten Octobers the chart below shows that job growth and labor force participation have been in decline.

Although the Commonwealth is not meeting past job growth figures, payroll employment is stronger here than in the country at large. September’s decline in payroll jobs was 5.1 percent in Virginia and 6.4 percent in the U.S.  September’s unemployment rate in Virginia and the U.S. was 6.2 percent and 7.9 percent, respectively. Virginia’s better performance was due in large part to the state’s employment mix. Job losses in the construction, information and transportation sectors were significantly higher in the U.S.  Job losses in Virginia outpaced the nation’s losses in the education and health care, manufacturing, finance, and government sectors.

As the country enters the winter months with the likelihood of even greater misery from the Coronavirus, it is increasingly clear that the economic recovery will depend on several factors. A safe and effective vaccine and a fair and efficient scheme to vaccinate the population are critical. And so too are the resources governments at all levels need to carry out essential public services.

Stay safe.

VML Contact: Neal Menkes, nmenkes@vml.org

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Crystal ball shows improving state revenue situation

In less than two weeks, Gov. Northam will submit his budget proposal to amend the budget bill (HB 5005) he signed into law on November 18. The new spending plan to be submitted on December 16 will be based on a set of new revenue assumptions and projections.

To prepare for the new budget bill, the Joint Advisory Board of Economists met on November 4 to review the latest economic assumptions. The Governor’s Advisory Council on Revenue Estimates (GACRE) met on November 23. The Council is comprised of business leaders, General Assembly leadership, economists, and the Virginia Department of Taxation. The Council’s job is to react to the forecast put together by the state tax agency and provide input on the proposed revenue forecast and economic climate. In effect, the revenue forecasting process has been compressed into a month’s timeline rather than the usual 6-7 months it takes to develop.

Since March when the impact of the COVID-19 pandemic resulted in a plunge of economic activity, state revenue projections have resembled the uncertainty and reversals of a squirrel attempting to dart across a road. In April, the Administration anticipated that revenues would drop by roughly $1 billion in each year of the 2020-22 biennium. However, by the end of June, revenue collections for Fiscal Year 2020 had fallen just $234.2 million or 1.1 percent behind the forecast.

For the Special Session that began in August, Gov. Northam’s introduced budget reduced general fund resources by more than $2.5 billion over the biennium.

A developing consensus on revenue?

In his most recent revenue report to Gov. Northam, Secretary of Finance Aubrey Layne noted that on a fiscal year-to-date basis, total revenue collections in FY21 have increased by 6.7 percent through October, which is substantially higher than the forecast predicting a 1.8 percent decline. That additional cash in the bank translates roughly into $555.6 million. However, $250 million of that additional revenue would have been typically remitted in FY20.

The boost in revenue collections is coming from several sources, including sales taxes, corporate income taxes and recordation taxes. All of them are running higher than the official projections. Non-withholding collections are also far ahead of the forecast. Year-to-date collections through October were $1.1 billion compared with $800.5 million in the same period last year, growing by 41.3 percent and well ahead of the annual estimate of a 3.6 percent decline. However, as mentioned earlier, most of the growth is attributable to payments due on June 1 being received in July.

In their respective retreats, the House Appropriations Committee and the Senate Finance and Appropriations Committee presented information about their views of the upcoming December revenue forecast.

The House expressed some degree of caution about payroll withholding taxes, which account for about 64 percent of the general fund revenue. The concern over continued and future job losses cannot be overlooked. Their 2.6 percent growth in individual income taxes in FY22 is less than the 3 percent estimated by the Senate Finance and Appropriations staff. The House growth number of 2.2 percent for sales tax is also smaller than the Senate’s 2.6 percent figure.

The Senate Committee’s adjustments to the biennial general fund revenue forecast is a boost of some $1.5 billion for the biennium. However, they did couch their estimate by pointing out that “much depends on the course of the virus, the timing of a vaccine, and the public’s response to changing circumstances.”

The House money committee’s estimate recognizes almost $1.3 billion in additional revenue and cash transfers to the state general fund.

With an unappropriated balance of just over $300 million already “baked in” to the state budget by the close of Fiscal Year 2022, the General Assembly’s money committees are taking the position that Gov. Northam does have some flexibility in developing his budget for the 2021 Session. Will it be enough to handle the pressing challenges facing state and local governments?

Stay tuned.

VML Contact: Neal Menkes, nmenkes@vml.org

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2021 General Assembly: A peek at the policy and spending challenges legislators will face

Short story: It’s not pretty.

The usual suspects will include spending for education, both K-12 and higher, public safety, and public health. However, there will be wrinkles. The largest is the policy decision Gov. Northam and the General Assembly must make to conform with federal tax law changes embedded in the CARES Act.

Staff from the Senate Finance and Appropriations Committee pointed out to Senators at the November retreat that three business provisions of the CARES Act essentially reverse parts of the Tax Cuts and Jobs Act (TCJA), resulting in a significant reduction in general fund revenues if the Commonwealth elects to fully conform. In addition, the business provision excluding the Paycheck Protection Program (PPP) loan forgiveness would have an unknown negative impact on state revenues.

The CARES Act changes in federal tax policy would also affect individual income taxpayers, costing the state treasury an estimated $34 million in FY21 and less than $10 million in FY22.

If the state fully conforms with the individual and business changes, the biennial revenue slam would likely exceed $700 million.

The policy choices facing the state, according to the Senate money committee, are fourfold:

  1. Completely conform (most expensive option);
  2. Deconform from all tax provisions of the CARES Act (least costly option);
  3. Conform only for Tax Year 2020 and deconform from the retroactive provisions of the federal legislation for tax years 2018 and 2019; or
  4. Deconform from select provision of the federal tax law.

It is critical for the General Assembly to resolve this policy question. The impact of that decision will determine the amount of resources available for state-mandated and state-high priority programs and services.

Additional spending in 2021 Session?

In October, the Governor’s Office sent out guidance to state agencies with these directives regarding budget requests:

  • No requests for new initiatives or discretionary spending increases.
  • Requests must address at least one of the following criteria:
    • Addresses state mandated costs
    • Responds to court orders or federal mandates
    • Responds to emergency needs including the COVID-19 pandemic
    • Addresses unavoidable caseload changes in current services
  • No requests to partially or fully restore previous reductions that do not meet criteria above.

Even with this guidance agency requests totaled almost $3 billion for the biennium. This total does not include across-the-board salary increases, statewide requests related to the increase in the minimum wage, or the state Medicaid forecast.

In their respective retreat presentations, the House and Senate identified spending believed to be mandatory and high-priority.

The House identified $25.8 million in FY21 and $115.1 million in FY22 as mandatory budget drivers.  Adding the high-priority budget drivers of $87.6 million in FY21 and $495.3 million in FY22 results in a grand total of $113.4 million in FY21 and $610.4 million in FY22 or $723.8 million for the biennium.

House staff reminded the delegates that HB5005 includes $1.75 billion for the biennium in reductions to new spending items the General Assembly endorsed in the 2020 Regular Session before the pandemic struck.

The House Appropriations table proves the adage musically espoused by the Rolling Stones that “you can’t always get what you want.” There is simply not enough money to pay for all the mandates, high-priority spending, and restorations.

As pointed out by the House Appropriations Committee, the state budget is structurally imbalanced, meaning without past cash surpluses and expenditure savings the budget is not balanced. Current revenues cannot support current spending levels. The House presentation projects that “the first 2 percent of revenue growth in FY 2023 and FY 2024 will be required simply to support pre-existing program levels prior to addressing any programmatic growth.”

Senate staff projections differed from the House but reached similar conclusions. Like the House, the Senate projected available resources above major budget pressures and commitments. However, the Senate’s “must do” list is much lower.

The Senate presentation acknowledged that its projection of net available resources could be strained by additional funding needed to address the COVID-19 impacts on state government operations as well as on services related to K-12 and higher education. Also, their scenario did not factor in additional salary actions for state employees, state-supported local employees, and teachers.

As articulated by the House staff, the Senate presentation recognized that the budget’s structural balance in FY 2022 is a concern and must be considered because it is the starting point for budget development in the 2022 Session.

The Senate presentation advised the senators that it may be wise to put together additional funding for reserves, use cash for capital outlay or designate one-time cash for deposit to the Unemployment Insurance Trust Fund.

All this means the budget work done in the Special Session does not preclude heavy lifting in January’s upcoming session. The hard work will begin December 16 when Gov. Northam introduces his budget bill.

VML Contact: Neal Menkes, nmenkes@vml.org

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NLC survey reveals struggles faced by localities

Earlier this week, the National League of Cities (NLC) released the results of a new survey of over 900 Cities, Towns and Villages which showcases the widespread effect COVID-19 is having on American Municipalities.

The survey found that 71 percent of cities, towns and villages believe their government’s condition will worsen if Congress does not pass another stimulus.

 Of the over 900 municipalities surveyed, approximately 70 percent indicated their financial health has been negatively impacted by COVID-19, with 90 percent of those experiencing decreased revenues and 76 percent having to take on additional expenses.

This affects cities of all sizes – 89 percent of large cities, 71 percent of mid-sized cities, and 52 percent of small cities indicated their governments will face significant challenges in providing necessary services to their residents.

On average, cities have seen revenues decline by 21 percent since the beginning of the pandemic, while additional expenditures – including PPE, remote work technology and overtime pay for essential employees – have increased 17 percent over the same time period. This adds up to a budget gap of about $90 billion for 2020 alone. As COVID-19 cases continue to rise and overwhelm local resources around the country, 71 percent of cities indicated their government’s condition will worsen if Congress does not pass another stimulus package that includes aid to cities.

These results compliment the findings of a recent report NLC released, with researchers from Princeton University and Marquette University, which looks back at the financial distress cities faced during The Great Recession.

Additionally, the latest NLC survey found that:

  • 29 percent, or an estimated 6,000 cities, towns, and villages, did not receive any aid or funding from the CARES Act Coronavirus Relief Fund based on the survey results.
  • Only 7 percent of cities that received CRF funds indicated that the funds adequately addressed their revenue shortfalls and unforeseen expenses.
  • 37 percent of cities indicated they’ve had to make cuts their municipal workforce, including hiring freezes, wage holds, layoffs, furloughs, reduced hours or forced early retirement of municipal employees.

To dig deeper into the survey, take a look at NLC’s infographic summarizing the results of the latest survey and a legislative one-pager.

For more information on the survey’s methodology, click here. 

For NLC’s statement on the introduction of a new bipartisan COVID emergency relief package, click here.

NLC Contact: Bryan Griffith, Manager, State Leagues Services – Member and Partner Engagement, griffithb@nlc.org

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Elections

Legislators appointed to Virginia Redistricting Commission

Application open for remaining seats until December 28

The General Assembly has released the names of the eight legislators designated to serve on the 2021 Virginia Redistricting Commission. Following the November referendum establishing the Commission, each party caucus from each body was empowered to select two representatives to serve. House Democrats named their appointees Monday, with the remaining caucuses adding theirs Tuesday.

Designees include:

  • House Democrats: Delegates Delores McQuinn and Marcus Simon
  • House Republicans: Delegates Les Adams and Margaret Ransone
  • Senate Democrats: Senators Mamie Locke and George Barker
  • Senate Republicans: Senators Steve Newman and Ryan McDougle

Together, these designees represent half of the Commission’s total membership. The role of these four two-panel caucuses received significant attention during the 2020 Session, as the approval of any new map will depend upon the cooperation of all four. The remaining eight seats will be filled by citizens who are selected via an application process by the five-person Selection Committee, made up of retired judges from the circuit courts of Virginia:

  • The Honorable Pamela Baskerville
  • The Honorable Joanne F. Alper
  • The Honorable William C. Andrews III
  • The Honorable Larry B. Kirksey
  • The Honorable David Pugh

Applications are due December 28 and can be found on the Virginia Redistricting Commission website.

VML Contact: Jessica Ackerman, jackerman@vml.org

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In this issue:

New Resources

Transportation

FOIA/COIA

Health & Human Services

Note to our readers: There will not be an issue of eNews next week (Friday, Nov. 27). The next eNews will be published Friday, Dec. 4. Of course, VML will publish Special Editions and send communications to our members as needed. Happy Thanksgiving everyone!

 

New Resources

VML’s 2020 Special Session Legislative Summary now available

VML staff have compiled a summary of bills of interest to local governments that passed during the General Assembly’s 2020 Special Session. The summary also includes some of the bills that did not pass.

Of particular interest are two bills that are either under study or may otherwise return in the 2021 Session: HB5090 (Hurst) which deals with the Virginia Freedom of Information Act and HB5013 (Bourne) which deal with the duties and liabilities of certain employers in employing or contracting for the services of law-enforcement officers.

The 2020 Special Session Legislative Summary is available here >.

VML Contact: Janet Areson, jareson@vml.org

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Proffer report from Commission on Local Government published

The “Report on Proffered Cash Payments and Expenditures by Virginia’s Counties, Cities and Towns 2019-2020” published by the Commission on Local Government Commonwealth of Virginia is now available.

View/Download the report here >.

Background

In July of 2020, Commission staff sent by electronic mail a survey to the chief administrative officers of the 162 localities that were required to report their acceptance of cash proffers during FY 2019-20. Each locality was requested to complete the survey by September 30, 2020. In October, additional follow up was made to the jurisdictions that had not responded to the initial request. All localities responded to the survey; and, as a result, there is a 100% response rate for FY2020.

This report is also available on the Commission’s website at www.dhcd.virginia.gov/clg.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Amended EO63 and Sixth Amended EO67 Quick Facts translations created

The Office of the Governor has made the November 13 Amended EO63 and Sixth Amended EO67 Quick Facts available in several translations:

These and related documents are also available on VML’s COVID-19 Resources page.

VML Contact: Rob Bullington, rbullington@vml.org

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ZenCity: How data can be used to reopen businesses and how local governments are supporting businesses

VML Community Business Member ZenCity has just released two new pieces which VML members may find of interest.

How Spokane, WA, used data to work with the Governor’s Office and reopen

How can data help a city change state regulations during COVID19? This case study explains how the City of Spokane, WA used resident feedback data to show the Governor’s Office that its residents were ready to reopen their businesses and were willing to cooperate with safety guidelines and policies.

How local governments throughout the U.S. are working diligently to support their local economies this holiday season

COVID19 shifted consumer spending, resulting in a $49 billion decline in sales tax this year. As a result, localities who rely heavily on sales and income taxes to operate have been negatively impacted. With the holiday season just around the corner, learn how local governments throughout the U.S. are working diligently to support their local economies

ZenCity Contact: Assaf Frances, Director of Urban Policy & Partnerships, frances@zencity.io

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Transportation

Transportation funding fares better than anticipated

The Senate Finance Committee received a presentation yesterday from staffer Jason Powell that reported that while transportation revenues have been significantly impacted by COVID-19 they have fared better than anticipated.

Forecasts this summer predicted a negative impact of about $870 million. Thursday’s presentation, however, showed there are indications this may overstate the shortfall by $100 million or possibly even more. This is the result of the numerous revenue streams that flow into state transportation funds faring better than expected (retail sales tax +20% and license fees +12.7%) while other revenues (such as the gas tax -24.7%) have dropped precipitously.

How is this (relatively) good news possible?

Readers will recall that the 2020 General Assembly approved an increase in motor fuels taxes phased in over 2 years with the first increase July 1, 2020 and the final increase in 2021. This means new revenues are offsetting some decreases and the final increase will generate new revenues for transportation. Also, the Governor signed the revised budget for 2020-2021 (see page 281, item P 1-6) which increased flexibility for the Commonwealth Transportation Board (CTB) to manage transportation revenues as a result of the COVID 19 recession. This will be the basis for future changes to transportation project funding.

CTB will meet to consider changes

The Commonwealth Transportation Board (CTB) meets November 24 and will discuss the ongoing impacts of COVID 19 on Virginia’s transportation programs. Specifically the CTB is considering changes to the Six Year Improvement Program and will be taking comments until November 24 on the proposed funding changes for projects in the 2021-2026 Six Year Improvement Program that the CTB will take action on in its December meeting. The CTB will reallocate out year funding to assist with projects currently under construction in the near term.

It is important for localities to be aware that the CTB is not reducing existing funding commitments and projects currently funded will not be delayed because of this action. Localities should familiarize themselves with the project list that the CTB will act on in their December meeting. Please be aware of the proposed changes and contact your regional VDOT office to notify them of any discrepancies.

Projects to be included in the FY2021-2026 Six Year Improvement Plan and how to comment on these proposals prior to the 11/24/2020 deadline can be found here >.

A continuing need for assistance

Finally, given the impact of COVID 19 on travel behaviors public transit ridership has been dramatically impacted and will likely remain in significant need of further assistance after additional federal funding expires. Continuing to push for further federal funding for transit and other transportation programs will continue to be important if federal stimulus efforts materialize.

VML Contact: Mitchell Smiley, msmiley@vml.org

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FOIA/COIA

COIA Council adopts formal opinions that discuss gifts; contract lobbyists

The Virginia Conflict of Interest and Ethics Advisory (COIA) Council met on Wednesday to take up a request for a formal opinion from the City of Hampton. During a training conducted by the COIA Council there was discussion about the definition of lobbyist-principal and its applicability of the purchase of tickets by the city for city councilmembers to attend city-sponsored events. It is important to note that the city contracts with a private lobbying firm for lobbying services and therefore the city is considered a lobbyist-principal as defined in the Code of Virginia. This has the effect of prohibiting the city from giving its own city council members tickets or other items qualifying as gifts.

The Council affirmed this opinion during its meeting and voted to issue a formal advisory opinion. The local government representatives (Walter Erwin and Sharon Pandak) had expressed concern about the inability of citizens to see the proposed opinion prior to the meeting as well as their concern about the effect of this opinion (a big “thank you” to both of them).

View/download the Formal Advisory Opinion here >.

After the Council voted to affirm the opinion there was a second motion which passed to recommend to the General Assembly that they create an exception for this particular circumstance.

In another matter the Council reviewed SB383 (McPike) which requires an individual who is compensated to influence or attempt to influence a local government officer or employee regarding local government action to provide notice of such status to the clerk of the local governing body of the county, city, or town in which the officer or employee serves.

The COIA Council asked staff to redraft the bill for review so that it more closely mirrors the state lobbying provisions.

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Freedom of Information Subcommittees (FOIA) consider phishing, criminal records, and electronic meetings

Three FOIA subcommittees met this week to discuss phishing, criminal records, and electronic meetings.

The Phishing and Criminal records subcommittees are still revising proposed legislation and will continue to revise, or meet again, prior to the first week in December when the full FOIA Council will meet.

In the Electronic Records subcommittee meeting, there was discussion on two general topics: a draft of a bill which would allow a person to attend a meeting electronically if there is a physical quorum present, the public body has a policy allowing electronic meetings and (a) notifies the public body that they are providing care to a family member with a serious medical condition that prevents the members physical attendance without a limitation and then (b) agreed to propose a change in the code allowing an individual member to miss a meeting due to a personal matter 2 times meetings per calendar year to 2 times or up to 25 percent of times per year.

Also discussed was a proposed bill dealing with electronic meetings during a pandemic. It was proposed to ensure that the current budget language is “tweaked” and codified. VML, VACo, the Virginia Press Association and the Virginia Coalition for Open Government all agreed on this language. However the subcommittee did not like paragraph A(3) which includes language about a 30-day delay in the ability to conduct all business. The subcommittee directed staff to rewrite this paragraph to omit this language.

The full FOIA Council will take up all new drafts at their meeting during the first week of December (exact date to be determined).

VML Contact: Michelle Gowdy, mgowdy@vml.org

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Health & Human Services

COVID and racial inequity items added to DHCD and Virginia Housing study

Per the HB854 (Murphy), the Department of Housing and Community Development and Virginia Housing (formerly Virginia Housing and Development Authority) are directed to convene an advisory stakeholder group to:

  • Determine quality and quantity of affordable housing in the Commonwealth.
  • Conduct a review of current programs and policies to determine the effectiveness of housing policy efforts.
  • Develop an informed projection of further housing needs in the Commonwealth and determine the order of priority of those needs.
  • Make recommendations for the improvement of housing policy in the Commonwealth.

Two items were added:

  • COVID-19
    • Vulnerabilities in housing programs and policies
    • How to be resistant to a pandemic
    • Stability for renters and homeowners during a pandemic
    • Advance partnerships between health and housing
  • Racial Inequity
    • Facts and Trends
    • Common understanding of the impact of systemic race on housing
    • Close the gaps
    • What new resources are needed

The advisory group shall consider the following proposals as well as other proposals it considers advisable during the course of its analysis and deliberations: (a) a Virginia rent subsidy program to work in conjunction with the federal Housing Choice Voucher Program, (b) utility rate reduction for qualified affordable housing, (c) real property tax reduction for qualified affordable housing for localities that desire to provide such an incentive, (d) bond financing options for qualified affordable housing, and (e) existing programs to increase the supply of qualified affordable housing.

This study is to be finished by November of 2021.  Please note that most localities will receive surveys and/or be asked for feedback as a part of this study – please respond!!

VML Contact: Michelle Gowdy, mgowdy@vml.org

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JLARC reports on CSA and private day programs

Among the 18 recommendations presented by the Joint Legislative Audit and Review Commission (JLARC) staff at JLARC’s Nov. 16 meeting were:

  • Greater transparency/standardized reporting of rates for services charged by private special education day schools.
  • Annual reporting of rates as a condition for public funding of placements.
  • Allowing use of Children’s Services Act (CSA) funds to help children transition from a private day placement to public school setting or to pay for particular services in public school setting to avoid more restrictive placements in private day settings.
  • Considering transfer of the funding of private day placements to the Virginia Department of Education.
  • Giving the Office of Children’s Services (OCS) greater authority and responsibility for oversight of local CSA operations to increase efficiency/timeliness/effectiveness of programs; and requiring all CSA programs to use their allotment of non-mandated (now called protected funds).

The full report may be seen on JLARC’s website here >.

Background and detail

JLARC had conducted a study this past year to examine the reasons behind the rising use and costs of private day special education programs and the overall administration of the CSA program. VML staff were among the many stakeholders interviewed during the course of this study.

While the Commission report did not endorse rate regulation for private day programs, its recommendations addressed some of the fundamental reasons why local governments were interested in rate regulation – including the lack of transparency in costs charged within and between programs across the state. In addition, it recommended that the Office of Children’s Services work with the Department of General Services to determine the benefits and feasibility of a statewide contract for children’s services and the types of children’s services and service providers that would be included as well as for the Office of the Attorney General to develop contracts to be made available to all local Children’s Services Act programs where beneficial and feasible. This could be helpful particularly for smaller local government programs with fewer children and therefore less buying power than a locality with more volume and therefore more leverage with service contracts and costs.

The report also endorsed the idea of allowing school divisions to use CSA funds to transition children back to a public school setting and to look into allowing public schools to use CSA for particular services that would allow a child to remain in a public school setting. A number of school divisions/CSA programs had used these funds for one-on-one aides and other specific needs until 2011, when a State Superintendent’s memo declared that the use of CSA funds in public school settings was not allowable under Virginia law. This restriction appears to have played some role in the growth in private day placements.

JLARC’s report delved into the Office of Children’s Services ability to effectively oversee the effectiveness of local government programs and the timeliness of service provisions. These recommendations would require additional resources for that small agency, with a total of 12 full time employees; it could also potentially have implications for how often local multi-disciplinary teams meet and the staffing provided by local governments to this program.

Unknown is how many of these JLARC recommendations will end up as legislation or budget amendments for the 2021 General Assembly session, particularly those with state budget implications.

VML Contact: Janet Areson, jareson@vml.org

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Board of Corrections votes to move forward with mental health requirements for jails

On Nov. 18 the State Board of Corrections voted to move forward with the regulatory process to establish new mental health requirements for local and regional jails. The vote came after a meeting in the summer to review recommendations given to the Board by a legislatively-mandated stakeholder workgroup that looked at current physical and mental health requirements for jails and to develop recommendations for potential regulations that met the requirements outlined in legislation approved by the 2019 General Assembly (HB1942).

VML will continue to monitor and report on the progress of these draft regulations as they go through the regulatory process. The Board had previously discussed asking for emergency regulations; we do not know if this is still the plan for the process.

VML Contact: Janet Areson, jareson@vml.org

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Have you downloaded the COVIDWISE app?

With Virginia’s COVID-19 positivity rates rising, it is a good time to consider downloading the COVIDWISE app for your phone so that you can be notified if you have come into contact with someone who tests positive for the virus.

In the next few days the Virginia Department of Health (VDH) will be posting a new video and resources to its COVIDWISE information page that more fully explain the features and mechanics of the app, which is available free in the App Store and on Google Play.

The app does not take your personal information or share your whereabouts with VDH; it works by using random Bluetooth keys that change every 10-20 minutes. Phones with the COVIDWISE app will anonymously share these random keys if they are in proximity. Positive COVID-19 results submitted by other app users are checked against the list of random keys it has encountered in the last 14 days. If there is a match, COVIDWISE may notify the individual, taking into account the date and duration of exposure, and the Bluetooth signal strength which is used to estimate proximity. The app user decides whether to opt-in to receive Exposure Notifications, and if a person is diagnosed with COVID-19, it is up to them whether or not they share their result through COVIDWISE. The app can be turned off at any time by the user.

More than 800,000 have downloaded the app; the more who use it, the more effective it is in fighting the spread of Covid-19.

VML Contact: Janet Areson, jareson@vml.org

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COVID-19 testing questions answered

To test or not to test? Where to get a test? What’s the turnaround time?

If you or anyone in your community have questions about COVID-19 testing, the Virginia Department of Health’s (VDH) COVIDCheck page may have the answers

Among the FAQs addressed on the page: whether particular symptoms warrant testing or medical care, the location of testing around the Commonwealth, and questions about exposure and testing.

This resource allows individuals to complete a short survey regarding symptoms being experienced; to input their location to find the testing sites in their region as well as information about average testing turnaround times in their area. It also provides facts about exposure and testing.

Finally, you can see information statewide and down to the locality level for COVID-19 cases through VDH’s COVID data page.  This page is frequently updated so you can track the information in your region or in any region of the state of interest to you.

VML Contact: Janet Areson, jareson@vml.org

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Virginia Department of Health publishes external dashboards descriptions

The Virginia Department of Health (VDH) has published a document that provides brief descriptions of COVID-19 data dashboards presenting data on COVID-19 testing, cases, hospitalizations, and deaths in Virginia as well as detailed information on key measures, modeling, and metrics for the COVID-19 pandemic in the Commonwealth.

View/download the document here >.

You can also find data dashboard descriptions and other information on the VDH’s About the Data page. These will be updated routinely as new data and information on COVID-19 become available.

VML Contact: Rob Bullington, rbullingtono@vml.org

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In this issue:l

Measures to contain COVID-19: Amended EO63 and Sixth Amended EO67

 

FAQs

The below FAQs were provided by the Office of the Governor on November 13, 2020. They are also available on VML’s COVID-19 Resources page where they will be updated as more information becomes available.

Does the gathering ban apply to…

Churches?

The gathering limit does not apply to religious services. Religious services of more than 25 people are required to meet distancing, cleaning, and safety restrictions, including seating parties a minimum of six feet apart and mandatory face coverings.

Schools?

The presence of more than 25 individuals assembled in an educational instructional setting is not a “gathering.” Social gatherings that take place at schools (ie, graduation ceremonies) must be limited to no more than 25 people.

Work?

The presence of more than 25 individuals performing functions of their employment or assembled in an educational instructional setting is not a “gathering.”.

Thanksgiving?

Yes. All public and private in-person gatherings of more than 25 individuals are prohibited. A “gathering” includes, but is not limited to, parties, celebrations, or other social events, whether they occur indoors or outdoors.

Weddings?

Religious services may occur provided individuals attending religious services must be seated at least six feet apart at all times and must practice physical distancing at all times. Any social gathering held in connection with a religious service, like a wedding reception, is subject to the ban on public and private in-person gatherings of more than 25 people.

Restaurants? Businesses?

Some businesses (ie, restaurants) are prohibited from hosting over 25 people in a party, however they may still have more than 25 people on their premises if six feet of physical distance allows. The 25 person gathering ban DOES apply to private parties and social events that may be hosted at restaurants, breweries, wineries, or entertainment and public amusement venues — for example, wedding receptions.

When do these changes go into effect? How long will they last?

Amended EO63 and Sixth Amended EO67 shall be effective 12:00 a.m., Sunday, November 15, 2020, and shall remain in full force and effect until amended or rescinded by further executive order.

What changed in the mask order?

All individuals aged 5 and older must wear face coverings in indoor public settings, including schools and childcare.

Has enforcement of the mask order changed?

No.

What is the deal with essential retail businesses?

The Commonwealth’s public health experts have been recommending that essential retail businesses use the best practices on physical distancing, disinfection, and workplace safety in Guidelines for All Business Sectors. This will now be mandatory for all essential retail businesses and is enforceable with a Class One misdemeanor.

Tell me about the restaurant curfew?

Alcohol sales at restaurants, breweries, wineries, etc. must end by 10:00 p.m. Dining rooms must be closed between midnight and 5:00 a.m. Delivery and takeout services are unaffected.

What else is changed?

Spectators at recreational sporting events are now limited to 30% occupancy or 25 spectators per field. Marathons and foot races are now limited to 250 participants, if they can be separated into heats of 25.

Entertainment and public amusement venues, and racetracks and speedways are now limited to 30% occupancy or 250 people.

Fitness and Exercise group classes are now limited to 25 people.

Public beaches must prohibit gatherings of more than 25 people.

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Quick facts

  • Reduction in public and private gatherings: All public and private in-person gatherings* must be limited to 25 individuals, down from the current cap of 250 people. This includes outdoor and indoor settings.
    • * From EO 67 sixth amended (Updated Nov. 13): A “gathering” includes, but is not limited to, parties, celebrations, or other social events, whether they occur indoors or outdoors.
  • Expansion of mask mandate: All Virginians aged five and over are required to wear face coverings in indoor public spaces. This expands the current mask mandate, which has been in place in Virginia since May 29 and requires all individuals aged 10 and over to wear face coverings in indoor public settings.
  • Strengthened enforcement within essential retail businesses: All essential retail businesses, including grocery stores and pharmacies, must adhere to statewide guidelines for physical distancing, wearing face coverings, and enhanced cleaning. While certain essential retail businesses have been required to adhere to these regulations as a best practice, violations will now be enforceable through the Virginia Department of Health as a Class One misdemeanor.
  • On-site alcohol curfew: The on-site sale, consumption, and possession of alcohol is prohibited after 10:00 p.m. in any restaurant, dining establishment, food court, brewery, microbrewery, distillery, winery, or tasting room. All restaurants, dining establishments, food courts, breweries, microbreweries, distilleries, wineries, and tasting rooms must close by midnight. Virginia law does not distinguish between restaurants and bars, however, under current restrictions, individuals that choose to consume alcohol prior to 10:00 p.m. must be served as in a restaurant and remain seated at tables six feet apart.

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Full text

The full text of amended Executive Order Sixty-Three and Order of Public Health Emergency Five and sixth amended Executive Order Sixty-Seven and Order of Public Health Emergency Seven are available here.

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Press Release: Issued by the Office of the Governor on November 13, 2020

“COVID-19 is surging across the country and throughout Virginia, and while our cases are not rising as rapidly as some states, I do not intend to wait until they are. We are acting now to prevent this health crisis from getting worse,” said Governor Northam. “Everyone is tired of this pandemic and restrictions on our lives. I’m tired, and I know you are tired too. But as we saw earlier this year, these mitigation measures work. I am confident that we can come together as one Commonwealth to get this virus under control and save lives.”

Read the full press release here >.

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Additional information about COVID-19 in Virginia

For the latest data, resources and insights about COVID-19 in Virginia, visit the Virginia Department of Health’s website here >.

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  • eNews December 4, 2020 In this issue: Opportunities VML Newly Elected Official Conference January 6 registration open NLC Community Resilience grant program now accepting proposals Norfolk Southern licensing options now available through RailPros Utilities VAMWA templates available for budget impacts on municipal utilities and moratorium on disconnections FOIA Freedom of Information (FOIA) Council meets Transportation VDOT/VDH Walkability/Active Transportation Locality…
  • eNews November 20, 2020 In this issue: New Resources VML’s 2020 Special Session Legislative Summary now available Proffer report from Commission on Local Government published Amended EO63 and Sixth Amended EO67 Quick Facts translations created ZenCity: How data can be used to reopen businesses and how local governments are supporting businesses Transportation Transportation funding fares better than anticipated FOIA/COIA…
  • eNews November 14, 2020 – Special Edition In this issue:l Measures to contain COVID-19: Amended EO63 and Sixth Amended EO67 FAQs Quick Facts Full Text Press Release Additional information about COVID-19 in Virginia   FAQs The below FAQs were provided by the Office of the Governor on November 13, 2020. They are also available on VML’s COVID-19 Resources page where they will…
  • eNews November 13, 2020 In this issue: Office of the Governor New statewide measures to contain COVID-19 take effect Sunday Budget & Economy General Assembly acts on Gov. Northam’s budget amendments State revenue collections continue to exceed official projections Utilities Utility disconnection moratorium update Health & Human Services VDH posts updated COVID-19 projections and guidelines for students returning home…
  • eNews November 6, 2020 Elections November 2020 election wrap-up Budget Governor Northam submits budget amendments Environment Localities encouraged to complete environmental justice survey FOIA FOIA Council posts alternate format version of online training VML News Register soon for “Transformations” – a free, inspiring virtual event for VML members on November 19 Deadline to send locally crafted ornaments for the…
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  • eNews October 23, 2020 In this Issue: VML News & Events VML’s 2021 Legislative Program now available Warrenton Vice-Mayor Sean Polster applies for leadership role with the National League of Cities (NLC) Free “Transformations” event offered to VML members November 19 FOIA Virginia Freedom of Information Act (FOIA) Council subcommittees meet Housing Housing Commission hears about issues related to…
  • eNews October 16, 2020 In this issue: VML Updates LGA’s 2020 Walter C. Erwin, III Special Projects Award given to the Ad Hoc Committee on COVID-19 VML Constitution amended and approved VML holds 2020 Annual Conference; Willie Greene, Mayor of Galax, elected President Budget State budget edges closer to the finish line Utilities Municipal utilities need to prepare for…
  • eNews October 2, 2020 In this issue: Special Session: Utility budget amendments advance in both houses Economy: Is the Economic Recovery running out of steam? Let’s hope not. VML Announcements: VML Legislative Committee adopts proposed 2021 program VML Annual Conference virtual exhibit hall opens October 5 COVID-19 Resources: Update to the application of the Governor’s orders and Religious Services…
  • eNews September 25, 2020 In this issue: Action Alert: Call to Support SB5036: Special Events – Keep the Restaurants Open! Budget amendments: Update on utility disconnections amendments Statewide Tipping Fees proposal removed from House and Senate budgets Transportation funding amendments proposed Special Session: Bills of interest to localities Health & Human Services: Appropriations committee acts on criminal justice bills…
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