Virginia Municipal League

Building Better Communities Through Sound Government

BETTER COMMUNITIES THROUGH SOUND GOVERNMENT

eNews December 17, 2021

eNews: The newsletter of the Virginia Municipal League Friday, December 17, 2021 - 04:41pm

In this issue:

Information Technology

Budget

VML News

Health & Human Services

Environment

Marijuana

Opportunities

 

Information Technology

CISA call to address Apache Log4J vulnerability scheduled for Monday, Dec. 20 at 2:00 PM ET

The Cybersecurity and Infrastructure Security Agency (CISA) invites you to participate in a Broad Sector stakeholder call Monday, December 20, 2021, at 2:00 PM ET to discuss the Apache Log4J Vulnerability (CVE-2021-44228). Subject Matter Experts from CISA will provide updates about the vulnerability and mitigation strategies.

CISA strongly urges users and administrators to review Apache Log4j Vulnerability Guidance for updates and guidance.

Date/Time: Monday, December 20, 2021 (2 pm EST)

Participant Toll Free Dial in Number: 800-857-6546 (passcode 1002279)

 VML Contact: Rob Bullington, rbullington@vml.org

 [top of page]

Budget

Governor proposes 2022-2024 budget and caboose budget amendments

Today Governor Ralph Northam presented his final budget proposals to the General Assembly’s budget and finance committees in Richmond.

VML staff are digging into the budget proposals and will provide you with some details of proposed amendments of interest to local governments.  For now, you can follow the links below to look at items of interest to you.

The General Assembly’s 2022 state budget website offers links to the proposed budget documents (2022-2024 biennium and the amendments to the 2020-2022 budget).

Virginia Department of Planning and Budget’s website offers links to explanatory documents for the various components of the Governor’s proposed budgets – this includes both the proposed budget for the 2022-2024 biennium and amendments to the current year budget (i.e., caboose budget).  You can click on links on the page to browse budget amendments or find an agency and see the details of the proposed amendments for that agency.

We will also provide you with links to memos and summaries from some specific agencies once we receive them.

VML Contact: Janet Areson, jareson@vml.org

 [top of page]

VML News

Moon Reynolds appointed to VML Board of Directors

City of Roanoke Council Member Stephanie Moon Reynolds has been appointed to fill a vacant At-Large Member position on the VML Board of Directors. Moon Reynold’s term is effective immediately; she will be up for re-election at the Annual Business Meeting in October of 2022. Prior to her appointment, Moon Reynolds was an active member of VML, including serving several years as a member of the Human Development & Education Policy Committee.

Moon Reynolds was elected to the Roanoke City Council in 2020 after serving in the city clerk’s office for 42 years of which 13 of those years were spent serving as Head Clerk. She was the first African American to hold that position for the city.

Read the full press release here >.

VML’s Board of Directors oversees the activities of the League. Representatives of the Board must be elected or appointed officials of a city, town, or county that is a member of VML.

For more information about VML and its Board of Directors, visit www.vml.org.

VML Contact: Rob Bullington, rbullington@vml.org

 [top of page]

Newly Elected Officials Conference to be held Jan. 6th in Charlottesville

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.

The next Newly Elected Officials Conference will be held at the Thomas Jefferson Planning District Commission in Charlottesville on January 6, 2022.

Topics typically covered include (but are not limited to):

  • ABCs of Local Governing
  • Budgeting Basics
  • FOIA
  • Innovation, Financing and Foresight (speakers sponsored by VRSA)
  • Council / Manager Form of Government
  • COIA
  • Investment / Finance
  • Public Officials’ Liability
  • How the Virginia Municipal League works for you

Details and registration are available here >.

VML Contact: Mitchell Smiley, msmiley@vml.org

 [top of page]

Local Government Day scheduled for Feb. 3rd in Richmond

Register early for discounted rate!

VML, VACo and VAPDC will host the 2022 Local Government Day starting on Thursday, February 3rd at the Omni Hotel in Richmond. As in years past, this event will allow local government officials and staff to learn about the important issues being considered by their legislators and to advocate at the 2022 General Assembly Session.

Registration opens at 11:00 AM with lunch available beginning at 11:30 AM. The afternoon will include briefings from staff and an opportunity to visit the Capitol to meet with legislators. The day will conclude with a reception at the Omni beginning at 5:30 PM.

Registration and additional details, including hotel reservation information, can be found here >.

VML Contact: Rob Bullington, rbullington@vml.org

 [top of page]

Health & Human Services

CSA state executive council approves two new policies

Amendments to two policies – family engagement and the use and composition of local Family Assessment and Planning Teams (FAPTs) used by local governments in administering the Children’s Services Act (CSA) – were approved by the Children’s Services Act (CSA) State Executive Council at its meeting on Dec. 9 in the Richmond area. VML Immediate Past President Willie Greene, Mayor of Galax, and Harrisonburg City Manager Eric Campbell serve on the SEC as local government representatives.

Workgroups reviewed the family engagement and FAPT policies during the past several months on behalf of the SEC; public comment on the proposed changes took place during the fall.

Changes and updates to the family engagement policy included:

  • Expanding the definition of family to include all persons the youth considers/defines as their family and who may be involved with or affected by services provided to the youth.
  • Updating the title of the section on CSA family engagement requirements by replacing the word “requirements” with “best practices;”

New best practices expectations (but not mandates) for localities include:

  • Make allowances for FAPT meetings at non-traditional hours (e.g., during lunch hours and after normal working hours) to prioritize maximum family engagement.
  • Offer, where feasible, audio, video, and other functional needs component platforms for virtual participation as appropriate.
  • Provide, as feasible, all communication with the youth and family in their language of choice, accounting for various dialect and literacy needs, identify resources and arrange for translation services where needed, and ensure documents are easily understandable and accessible to families.
  • Engage in outreach regarding the CSA process to marginalized youth and families, including non-English speakers, those experiencing housing insecurity, and those experiencing poverty.

The FAPT policy “refresh” included specifying that a foster parent may serve as a parent representative, revising the definition of FAPT, and clarifying that a locality may establish a multi-disciplinary team along with the existing FAPT(s).

VML Contact: Janet Areson, jareson@vml.org

 [top of page]

Joint health care commission sets studies for 2022

Studies to examine the structure and the financing of local health departments are among those anticipated for 2022 as adopted by the Joint Commission on Health Care (JCHC) on Dec. 7 in Richmond.

The JCHC is a legislative branch commission.

Other study topics for 2022 approved by the commission include reducing unnecessary emergency room use, assisted living facilities, and expanding existing provider data sharing initiatives.

VML Contact: Janet Areson, jareson@vml.org

 [top of page]

JLARC issues reports on affordable housing, juvenile justice, and more

The Dec. 13 meeting of the Joint Legislative Audit and Review Commission (JLARC) was chock-full of reports and action.

The Commission’s meeting began with a public acknowledgement and appreciation of retiring member Kirk Cox, the former Speaker of the House and long-time House member who served several years as a member of JLARC.

Affordable housing

JLARC reported the findings of its study of Affordable Housing in Virginia 2021. This study concluded that the demographic that lacks affordable housing includes those Virginians who rent, have low income, and live in the state’s populated areas. In addition, the study found that Virginia needs at least 200,000 more affordable rental units. Ten localities in Northern Virginia, Hampton Roads and Central Virginia account for 50 percent of the affordable housing needs.

JLARC study recommendations cover legislative, executive, and policy actions as listed below.

Recommended legislative actions:

  • Amend the Code of Virginia to require that Virginia Housing-financed rental units set aside for low-income households charge rents that are affordable to households earning 80 percent and below area median income.
  • Direct the Department of Housing and Community Development (DHCD) to evaluate how a grant program could be structured, funded, and administered to incentivize localities to adopt zoning policies that facilitate the development of affordable housing.
  • Direct DHCD to conduct a statewide housing needs assessment every five years, develop a statewide housing plan every five years with measurable goals, and provide annual updates to the General Assembly on progress toward those goals.

Recommended executive actions

  • Virginia Housing to adopt performance measures for its REACH* program, revise the formula it uses to determine annual REACH contribution amounts to maximize contributions, increase the percentage of net income allocated to REACH, and report on use and impact of REACH to the General Assembly

*REACH – Rental Housing Resources Enabling Affordable Community Housing program which addresses permanent mortgage financing for a variety of housing opportunities and provides financing at a below market interest rate

  • Virginia Housing to use REACH to provide gap funding for multifamily rental projects that use tax-exempt private activity bonds and 4 percent low-income housing tax credits
  • Virginia Housing to review necessity of adding basis points to Plus Mortgages to minimize interest rates charged to low-income borrowers and present options to its Board of Commissioners for lowering interest rates
  • Virginia Housing to replace its current down payment assistance programs for low-income borrowers with a larger down payment assistance grant of 0 percent interest deferred second mortgage

Policy actions

Lastly, there was a policy option for consideration that local governments should be aware of:

  • The General Assembly could give additional localities the authority to require developers to set aside a portion of units to rent or sell below-market or pay a fee to the locality.

It was acknowledged during the comment period after the findings were explained that Virginia is still waiting on the final Housing Study from HB854 (2020 General Assembly session) that should be out soon – so stay tuned!

Juvenile justice system

JLARC studied the state’s juvenile justice system and found it in need of improvement in several ways.  Some of JLARC’s findings included:

  • While local and regional juvenile detention centers (JDCs) meet safety and security standards, they appear less than fully equipped to provide effective rehabilitation services. The majority of JDCs lack evidence-based programs to reduce recidivism, and JDC staff training requirements appear insufficient. JLARC suggests that the General Assembly consider requiring evidence-based programs to the maximum extent practicable and directing the Juvenile Justice Board to promulgate specific training requirements for front-line JDC staff.
  • DJJ’s re-entry efforts have improved, but youth released from custody still lack fully adequate step-down supports. Relatedly, felony records are hindrances to gaining employment, education, and housing. State law is now more lenient for adults than for youth, and all nearby states allow at least some juvenile felony equivalent records to be sealed or expunged.
  • The state has excess juvenile detention center capacity (up to 70 percent of beds across the state are not used), and maintaining excess capacity is an inefficient use of limited resources. Possible state actions could include preferred funding for regional versus single-locality JDCs and reduced funding to JDCs that operate consistently below capacity or are close to other JDCs operating under capacity.

The link to the report is unavailable at this time because of the system hack that targeted the General Assembly’s websites.

2022 studies – a work in progress

JLARC also attempted to endorse studies for staff to address in the coming year. The JLARC studies subcommittee recommended a review of the Community Services Board (CSB) system and study of higher education financial issues as consensus studies. Two other issues on the list of potential studies were GO Virginia and an examination of the different agencies addressing gaming/horse racing/charitable gaming. The Commission was unable to come to consensus on any but the CSB study and decided to return prior to Jan. 12 to address the other issue(s) to be taken up in 2022.

VML Contact: Janet Areson, jareson@vml.org

 [top of page]

Housing Commission considers evictions and accessory dwelling units

The Virginia Housing Commission met last week to hear presentations* on the status of evictions in Virginia as well as the outcome of the accessory dwelling unit study. Additionally, the members of the commission discussed legislation proposed in 2020 by Senator Surovell (SB638) dealing with affordable housing near Metrorail stations.

*Online copies not available due to ongoing IT issues with the virgnia.gov site.

Director of the Department of Housing and Community Development (DHCD) Erik Johnston provided an update on the rent relief programs. Since July of 2020 these programs have provided relief to over 71,000 households and disbursed over $477 million dollars. On December 1st, Virginia transitioned to a combined landlord/tenant portal to increase its effectiveness. DHCD has also asked the Federal Government to reallocate a minimum of $294 million in additional funding for Virginians from unspent monies in other states.

The accessory dwelling unit study was reported on by VML when it came out in November. The Housing Commission took in the information and understands that there are two more reports forthcoming regarding housing – the Joint Legislative and Audit Review Commission and the HB854 study from 2020 that was to be released in early November. After all the studies have been released there may be further recommendations on accessory dwelling units, etc.

Regarding Senator Surovell’s proposal related to affordable housing near Metrorail stations, consensus among the affected localities has not been achieved. It remains to be seen whether Surovell will re-introduce the legislation.

VML Contact: Michelle Gowdy@vml.org

 [top of page]

Environment

Site Suitability Regulatory Advisory Panel update

The Department of Environmental Quality (DEQ) Site Suitability Regulatory Advisory Panel met for the fifth time last week. This meeting came just days after the Air Pollution Control Board denied a permit for a compressor station (which came as a surprise to many people participating in the study).

The charge of the study is to assist DEQ in the development of proposed amendments to regulations dealing with site suitability as outlined in §10.1-1307 E and to attempt to find common ground that could be included in the proposed amendments.

After a full day of discussion there was general agreement on the following:

“DEQ should develop guidance to establish an appropriate radius around a proposed site, depending on its major or minor source status, for purposes of identifying environmental justice communities, with the understanding that the radius may shift based on specific criteria.”

Consensus could not be reached on how vulnerable communities within the defined radius should be identified.

This group will most likely meet again; there has not been a timeline provided for the draft regulations.

VML Contact: Michelle Gowdy, mgowdy@vml.org

 [top of page]

Wastewater Infrastructure Work Group recommends pilot program for SWVA, analysis and planning across the Commonwealth

The Wastewater Infrastructure Work Group was convened at the direction of legislation to assess the needs and conditions of “onsite sewage systems” (better known as septic systems), to assess wastewater infrastructure needs in the Commonwealth and develop policy recommendations. The work group’s report recommends creating a pilot program to offer financial incentives in Southwest Virginia with the goal of eliminating wastewater discharges into surface waters; this includes straight pipe, gray water, and partially treated wastewater as well as further analysis and evaluation of sewer systems, inflow and infiltration studies and collection systems to reduce sanitary sewer overflows.

This pilot program will include the following cities and counties: Bristol, Galax, Norton, Bland, Buchanan, Carroll, Dickenson, Grayson, Lee, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe.

The Work Group further recommends a comprehensive analysis of existing water infrastructure needs throughout the Commonwealth, developing a map of these needs and creating a strategy for investments necessary to prioritize investments to improve wastewater systems.

Of note to VML members, the work group recommends regional planning efforts to identify longer-term and long-term management of wastewater needs in communities not served by municipal wastewater treatment facilities. The recommendation is that these be done in partnership with local governments and local planning district/regional commissions.

The work group is not expected to reconvene until later this winter, and it is unclear when the final report will be released. However, it is possible that legislation will be introduced during the 2022 General Assembly to codify the Work Group’s recommendations.

VML Contact: Mitchell Smiley, msmiley@vml.org

 [top of page]

FEMA Building Code and Floodplain Management Administration and Enforcement policy adopted

As FEMA strives to progress to a more efficient recovery process and make communities more resilient, they have adopted the Building Code and Floodplain Management Administration and Enforcement, FEMA Policy FP 204-079-01,

The policy can be found here >.

This policy outlines activities that are potentially reimbursable through a Federally Declared Disaster Declaration for a Public Assistance Project. The intent of this policy is to provide communities with the resources needed to effectively administer and enforce state and locally adopted building codes and floodplain management ordinances for a period of no longer than 180 days after the date of the major disaster declaration.

Training on the new policy is anticipated in the future.

FEMA Contact: Charles Baker, Floodplain Specialist and Building Science POC| Mitigation | Region 3, charles.baker@fema.dhs.gov

 [top of page]

Marijuana

Joint Cannabis Committee makes recommendations

The Cannabis Oversight Committee of the General Assembly met Dec. 16 and forwarded several recommendations for the 2022 General Assembly to consider for the reenactment of the bill.

Republicans on the committee endorsed providing hemp processors in southside and southwest Virginia with opportunities to participate in the recreational cannabis marketplace as processors of agricultural hemp and cannabis products.

Recommendations forwarded by the Cannabis Oversight Commission for the 2022 General Assembly Session that will affect local authority include:

  • Provide towns with the authority to hold a referendum to opt out of retail cannabis businesses independently of county referendum. (Note – this is a VML priority legislative issue)
  • Move up the start date of recreational sales to 1/1/2023.
  • Eliminate local authority on hours of operation in favor of requiring dispensaries to operate during same hours as ABC stores
  • Eliminate local authority to require cannabis businesses or licensees to obtain a special use permit unless a special use permit is required for similar types of businesses.
  • Endorsed maintaining a $25 fee for all charges for public use or possession of cannabis (this would eliminate the current escalating fee for violations).

More recommendations are possible as there will be a final meeting of the committee in January prior to the start of the 2022 legislative session.

VML Contact: Mitchell Smiley, msmiley@vml.org

 [top of page]

Article: Marijuana and Driving: How to Keep Your Fleet’s Drivers Safe

This resource was recently made available by the National Institute for Occupational Safety and Health (NIOSH).

View article here >.

VML Contact: Mitchell Smiley, msmiley@vml.org

 [top of page]

Opportunities

Grants management training being offered in Henrico February 3-4

Limited seats available for this in-person grants training

Henrico County Division of Fire and Grant Writing USA will present a two-day grant management workshop in Henrico, February 3-4, 2022.  This in-person training is for grant recipient organizations across all disciplines. Topics to be covered include how to administer government grants and stay in compliance with applicable rules and regulations.

Beginning and experienced grant managers, grant writers and administrators from city, county and state agencies, healthcare organizations, nonprofits, K-12, colleges and universities are encouraged to attend.

Virginia Municipal League members and their staff are eligible for a discounted tuition rate of $565. Please use code “ASSN” to receive this $30 discount off full price at registration. Tuition includes Grant Management USA’s 500-page grant management workbook and reference guide. Multi-enrollment discounts and discounts for Grant Writing USA returning alumni are also available.

Payment is not required at the time of registration. Checks, credit cards, and purchase orders are welcome. Government agencies have 30 days after the training to pay.

All health and safety guidelines will be followed. Class enrollment is limited to ensure proper distancing.  Online reservations are necessary.

Complete event details including learning objectives, class location, graduate testimonials and online registration are available here.

Grant Writing USA Contact: Janet Darling, janet@grantwritingusa.com

 [top of page]

Comments and questions about this website or the data provided may be addressed to Manuel Timbreza
©2023 Virginia Municipal League
Virginia Municipal League
P.O. Box 12164, Richmond, VA 23241
13 E. Franklin St., Richmond, VA 23219
804-649-8471

Terms and Conditions