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HomeMy WebLinkAbout8/24/2021 - Regular August 24, 2021 513 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second regularly scheduled meeting of the month of August 2021. 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 Peters called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman P. Jason Peters; Supervisors Martha B. Hooker, Paul M. Mahoney, Phil C. North and David F. Radford 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: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation commemorating the 100th Anniversary of the Roanoke Valley Association of REALTORS (Jill Loope, Director of Economic Development) Joe Sutliff, Director of Economic and Governmental Affairs accepted the Proclamation on behalf of the Association. Proclamation was read and all supervisors offered their congratulations. August 24, 2021 514 IN RE: BRIEFINGS 1. Briefing to update the Board of Supervisors on the Virginia Department of Transportation (VDOT) project to repair a Route 220 slope failure at Crossbow Circle (Megan Cronise, Transportation Planning Administrator) Ms. Cronise provided a PowerPoint presentation and briefed the Board on this project. Supervisor Mahoney commented if this work was not being done, it would adversely affect the Yamamotos and the Akersons. Ms. Cronise responded in the affirmative and stated if the slope continues to fail and eroded. Mr. Mahoney stated his point is that it takes a surprisingly large amount of money to cure the problem, but if you don't cure the problem there could be a landslide and possible damage to two homes of mud and direct into Rt. 220. Ms. Cronise responding in the affirmative stating a part of the VDOT slope easement that was obtaining in 1964 is on the corners of both of those properties, so they were aware there was a slope easement when they purchased. Supervisor Mahoney asked what happens if the second phase of the funding does not occur. Ms. Cronise advised her understanding is that the first phase of the project will protect Rt. 220. Supervisor North stated with the State of Virginia having a surplus of $2.6 billion and the money that is raining from the skies of Washington, there should not be any problem getting that $500,000. What do the guys from VDOT think? Ray Varney stated $500,000 is difficult to come by. We have worked through the district funding to pay for the first phase. Part of the reason that we have not proceeded on to the second phase or made it all at one time was that we have been having some difficulty getting the Akersons and the Yamamotos excited enough to engage with us. Supervisor Radford asked how much does the scarp go up on private property. Mr. Varney advised it is in the 35 to 40 foot range. Those two properties comes down into a point. The scarp ends up being about 85 feet from the Akerson's house and about 90 feet from the Yamamotos. Supervisor Radford asked if there insurance covered any of it, with Mr. Varney stating he did not know, but knows the slope failed along Rt. 220 and the slope failure and the easement that was platted back in the 60's. There will be a soil nail wall at the foot of the slope and along the Akersons and the Yamamotos. Supervisor Mahoney asked if you look at page 5 of the PowerPoint presentation, is that a hiking trail with Ms. Cronise responding in the negative stating it would be a fantastic location for one. August 24, 2021 515 IN RE: FIRST READING OF ORDINANCES 1. Ordinance amending Chapter 21 (Taxation), Article IX (Transient Occupancy Tax) of the Roanoke County Code (Peter S. Lubeck, County Attorney) Mr. Lubeck outlined the request for ordinance. Supervisor Mahoney asked when the effective date would be with Mr. Lubeck advising upon adoption. Supervisor Hooker asked if we know how much will be collected with Mr. Lubeck responding in the negative adding the Commissioner of the Revenue has advised it will take some time to track down these companies and begin to assess the tax. Supervisor North asked if they have to have business licenses with Mr. Lubeck responding in the affirmative. There was no further discussion. Supervisor Mahoney's motion to approve the first reading and set the second reading for September 7, 2021, was seconded by Supervisor Peters and approved by the following vote: AYES: Supervisors Mahoney, Hooker, North, Radford, Peters NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance approving a lease with .com Properties, IV, LLC for 40 parking spaces of a lot located at 200 East Calhoun Street (Joyce Earl, Director of Social Services; Mary Beth Nash, Senior Assistant County Attorney) Ms. Earl advised no changes from first reading. There was no discussion. ORDINANCE 082421-1 APPROVING A LEASE WITH .COM PROPERTIES, IV, LLC, FOR 40 PARKING SPACES OF A LOT LOCATED AT 200 EAST CALHOUN STREET IN SALEM, VIRGINIA WHEREAS, the Roanoke County Department of Social Services ("DSS") employs more than 100 persons and provides services to Roanoke County, the Town of Vinton, and the City of Salem); and WHEREAS DSS is located in a former bank building located at 220 East Main Street, Salem, Virginia; and August 24, 2021 516 WHEREAS, the County owns some land adjacent to the DSS building, but such land is insufficient to meet the parking needs of all staff members and clients of DSS; and WHEREAS, no other reasonably suitable parcels or tracts of land are available for lease or sale to use as parking facilities to serve DSS staff and clients near the County-owned DSS building; and WHEREAS, .com Properties, IV, LLC, ("Dotcom") is the successor in interest to the prior banking institutions who owed the adjacent real estate; and WHEREAS, the County has leased parking spaces from the banks that owned property adjacent to the DSS building for necessary use by DSS staff and clients since the County acquired the building in 2001. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of Roanoke County, the County is authorized to acquire property, including the lease of real estate; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real estate shall be accomplished by ordinance, the first reading of this ordinance was held on August 10, 2021, and the second reading of this ordinance was held on August 24, 2021. 3. That the execution of a Lease Agreement ("Agreement") with Dotcom to lease 40 parking spaces in a parking lot located at 200 East Calhoun Street, Salem, Virginia, for use by DSS staff and clients is hereby authorized. 4. That the lease term shall commence on September 1, 2021, and continue for a period of six months, with the option to renew for an additional successive six- month periods, upon the same terms and conditions contained in the Agreement, unless terminated as provided in the agreement. 5. That the rent shall be the sum of $1,500 per month during the initial six- month term. 6. That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the lease of this property, all of which shall be approved as to form by the County Attorney. 8. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Radford, Peters NAYS: None IN RE: CONSENT AGENDA August 24, 2021 517 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H- 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 24, 2021, designated as Item H - 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 — May 11, 2021 On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Radford, Peters NAYS: None IN RE: REPORTS Supervisor North moved to receive and file the following reports. The motion was seconded by Supervisor Mahoney and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Radford, Peters NAYS: None 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of July 31, 2021 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of July 31, 2021 5. Accounts Paid — July 31, 2021 6. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of July 31, 2021 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Hooker advised Roanoke County schools back in session. Students are in the classroom, so just be aware of that on the roads as you see students walking. We hope and pray for a successful in person school year. She was August 24, 2021 518 able to attend the VACO Conference last week and the chief objective is to discuss and agree on preliminary legislative position statements and all of those will be finalized in November of this year. She sits on the Education Committee and our priority is full, state funding and should be achieved without reduction to other parts of State public education budgets or to the core services. VACo supports voluntary incentives that encourage localities to increase teacher salaries to reflect the national average; we are woefully below that. VACo supports funding that will increase the number of students leaving high school with workforce ready credentials and we acknowledge the close connection between the workforce ready credentials and our local economic development and have some other interesting things regarding that. She also sat in on the health and human resources committee for a majority of the meeting and VACo supports efforts to address census pressures at State hospitals through funding measures. In addition, ongoing efforts to support community based crisis services. This is really important to us regarding the Catawba Hospital. So, she was pleased to see that and VACo supports additional State resources to assist in the local administration of CSA programs, which have potential to be beneficial also. She has had several phone calls regarding the extension of broadband; phone calls, text, many other avenues of communication and she is pleased to report that we have been encouraged by the State to plan for universal broadband coverage in order to be eligible for some of the grants that are available. We are going to continue to work on that plan and she is so appreciative of the supports of this Board for this measure. It is very important for our citizens today. We wish it could be implemented immediately; it will take some time. Lastly, she would like to encourage this Board to consider some zoning ordinance changes that would allow a higher pole height in some of our more rural areas to better accommodate wider broadband coverage. So, at a later date, she would like for us to take up that topic. Supervisor North stated he too attended along with Supervisor Hooker, the VACo summer meeting in Short Pump, Virginia. It was good to be back together again with many of our colleagues and administrators all over the State of Virginia. He serves on the Transportation as well as the Economic Development steering committee. As far as transportation news, there is a new train to and from Washington, DC and Roanoke and will begin in the spring of 2022 and not in January due to a delay attributed to COVID. We advocated for capital school funding for all career and technical school construction for its local economic impact. This was received positively by the committee chairman and other around the State who are challenged to attract and retain a trained workforce. It is hoped this effort will become part of next year's legislative agenda by VACo in both the Education Committee as well as the Economic Development Steering Committee. Lastly, on broadband, it continues to be the priority of the Economic Development Steering Committee and VACo supports efforts to streamline the permitting of broadband infrastructure in the VDOT right-of-way, railroad crossings and within utility easements. August 24, 2021 519 Supervisor Radford stated he would like to see, as a lot of money has been raining down, prepare a letter to Congressman Ben Cline to see if we can speed up the repair of the Parkway, which is between Cave Spring and Windsor Hills. From what he has been told, there is no solution, no funds that he knows of in the pipeline to repair it and could potentially be as late as 2023 for repairs. We need to talk about that as a group and submit to our Congressman, under the Chairman's signature, see if he can find some of the ARPA money that is raining down to get that done. It is, to him, a significant economic driver for our locale. Also, wants to pass along prayers and peace to Mr. Mahoney on the passing of his Dad as they go through the adjustment right now. Also, he attended the Festival of India. This is a cultural heritage of food and events that went on in the City, but we were invited as a County. We were represented by Jill Loope, Director of Economic Development and we were represented by being a sponsor of this event. It was a great time to meet a different culture and see the many different things and taste their food. They are a part of our community and he enjoyed being a part of that. Supervisor Hooker stated she also attended the festival and just a quick shout out to Mr. Ssuny Shah for all the organization and graciousness that he affords this community in offering that. It is a great event; we appreciate their attention to education and to business owners and loyalty to the community. Supervisor Mahoney thanked everyone for their kind comments and condolences in the passing of his father. Secondly, he was going to ask and is glad Mr. Radford and Ms. Hooker talked about the Festival of India. He and his wife had planned to attend and unfortunately personal problems prevented us from doing that. From the comments and what he has seen on Facebook, it looked like a wonderful festival and apologized that we were not able to make it. It looked like you had a great time. Supervisor Peters stated if everyone has not been made aware and he made a comment earlier about the implementation of the Rt. 419 Reimagine, it continues to take shape. Ms. Loope announced today that Chili's, and it probably the number one restaurant to make sure gets here. It is coming as well as Popeye's are the newest additions to the Tanglewood area. It looks like Carilion is coming along quite nicely with their Children's Center. We look forward to seeing that open and how it will help the kids in our area and all over SW Virginia. IN RE: WORK SESSIONS 1. Work session with the Board of Supervisors on the potential regulation of running bamboo (Peter S. Lubeck, County Attorney) August 24, 2021 520 Mr. Lubeck provided a PowerPoint presentation. Mr. Radford's stated he thought that the County did not want to get into cutting bamboo. In regards to slide 9, how do we address with the land that is owned by VDOT. Mr. Lubeck responded with an education campaign and an ordinance; no civil penalties, we want to use a softer approach. Supervisor Radford asked if you can do an ordinance without a civil penalty. How do you envision an education campaign with Mr. Lubeck responding with flyers. Supervisor North asked what is going on around the State of Virginia with Mr. Lubeck stating he has seen both. Supervisor North stated he is not so sure we want to expand staff for bamboo. He has concerns about this. Supervisor Mahoney noted he has a citizen with this problem. He would not support and patron a local ordinance in this area. He has two problems, one practical and one philosophical. We have two code enforcement staff. We cannot keep up with what we have. Thought we were all republicans and believed in limited government. He understands the problem and has heard citizens with this problem. We have more important issues. Supervisor Hooker stated she does not want civil penalties, need education. It was the consensus of the Board to not move forward with the ordinance. The work session was held from 3:52 p.m. until 4:12 p.m. 2. Work session with the Roanoke County Board of Supervisors and the Towing Advisory Board (Richard L. Caywood, Assistant County Administrator; Rachel Lower, Senior Assistant County Attorney; Rick James, Chairman, County of Roanoke Towing Board) Ms. Lower started PowerPoint presentation. Supervisor Peters commented he has had the conversation with Rachel Lower and Richard Caywood and they shared their concerns. He did not feel like this Board wanted to get into the weeds. Primary concerns we wanted to outline, which is in the resolution, and everything outside of that to let staff handle those items. He did request that the Board have an annual review or update with the Towing Board. The resolution is very high level and is based on conversations that we had in the fall of last year. Supervisor Hooker stated for her and her high level review, she would just like to know that when visitors come to our valley and visiting McAfee's Knob and not end up with a bad taste in their mouth. What is their charge going to look like? Supervisor Peters added he felt it would be much smaller than what was going on last fall. Supervisor North noted peak leaf season is normally October 1st. He hopes implementation can occur by that time. Supervisor Peters responded he was not sure what the timeframe is. August 24, 2021 521 Richard L. Caywood, Assistant County Administrator went through the remainder of the PowerPoint presentation. Rick James, Chairman of the Towing Board outlined the recommendations and fee schedule. Mr. James reminded everyone that this is police initiated towing only. Supervisor Radford stated what about the non-police initiated towing. Mr. Lubeck responded that the Code of Virginia authorizing the County to regulate police initiated towing, but other tows would be a private contract between parties. So, whomever calls and requests the towing service, it would be on them and the tower to discuss fees. Supervisor Radford stated he can see citizens getting confused. Supervisor Peters stated he asked the question last week as to how many complaints Roanoke City has had since they started this with the response being one. Rachel Lower explained they get complaints, however, the contract resolved them. Supervisor Hooker asked if certain information would be saved, i.e. was the tower timely? Will that type of information be collected so we know whether or not we want to renew that contractor? Mr. James responded one of the debates we had was using GPS technology. We thought that would be a good audit procedure. Mr. James noted with regard to McAfee's Knob, needs large signs. Supervisor North asked why not done by October with Mr. Caywood responding it has to go through the procurement process. Supervisor Peters thanked the member of the Towing Board and Mr. James. We appreciate their service. He added that he thinks this is the right time to do this. Supervisor Mahoney stated if we have 8 contracts, what do the police officers do. Dispatcher will go to the next one on the list. Sgt. Hoopes explained this would be provided as part of training. The police officer that responds sizes up the scene and provides it to dispatch who replays it to the tower. Mr. Charles Brown outlined the towers prospective. The work session was held from 4:13 p.m. until 5:08 p.m. At 5:08 p.m. Supervisor Peters called in the meeting back into session. IN RE: NEW BUSINESS 1. Resolution establishing certain regulations of police-initiated towing services in Roanoke County (Peter S. Lubeck, County Attorney) Supervisor Peters thanked our towing advisory board for all their efforts; it is appreciated. There was no further discussion. August 24, 2021 522 RESOLUTION 082421-3 ESTABLISHING CERTAIN REGULATIONS OF POLICE-INITIATED TOWING SERVICES IN ROANOKE COUNTY WHEREAS, on February 23, 2021, the Board of Supervisors established the County of Roanoke Towing Advisory Board ("Towing Advisory Board") pursuant to Va. Code § 46.2-1217, and appointed members thereto; and WHEREAS, the role of the Towing Advisory Board is to advise the Board of Supervisors with regard to potential provisions of the County of Roanoke's ordinances or contracts related to police-initiated towing services; and WHEREAS, the Towing Advisory Board conducted public meetings on March 31, 2021, April 23, 2021, May 5, 2021, May 19, 2021, June 15, 2021, June 30, 2021, July 15, 2021, July 21, 2021 and August 19, 2021; and WHEREAS, on August 24, 2021 the Towing Advisory Board submitted its final recommendations to the Board of Supervisors, which included the following: 1. The Towing Advisory Board recommends that police-initiated towing services in the County of Roanoke be regulated by contract; 2. The Towing Advisory Board recommends a fee schedule for police-initiated towing services in the County of Roanoke; 3. The Towing Advisory Board recommends a number of other items to be addressed pursuant to the contract, including: the number of contracts, term limits, certain definitions, response times, business qualifications, equipment requirements, geographical response areas and training requirements; and 4. The Towing Advisory Board recommends that there be a designated process available to the public for sharing complaints related to police-initiated towing services, and a designated process for the disposition of said complaints. and; WHEREAS, the Board intends to follow the Towing Advisory Board's recommendation that police-initiated towing services be regulated by contract; and WHEREAS, the Board further desires to follow, generally, the several other recommendations of the Towing Advisory Board, but also recognizes that the contract may need to be amended from time to time, and that it may be prudent to refrain from establishing all of the contract terms by legislation (resolution). NOW THEREFORE BE IT RESOLVED by the Roanoke County Board of Supervisors as follows: A. Police-initiated towing services shall be regulated in the County of Roanoke pursuant to contract, and upon such terms as determined by the County Administrator or his designee and approved by the County Attorney as to form. B. Each contractor providing police-initiated towing services pursuant to a County of Roanoke contract shall operate his or her place of business within the Roanoke valley (within the geographical limits of Roanoke County, the August 24, 2021 523 City of Salem, or the City of Roanoke). Additionally, each contractor must provide a secure, illuminated (during evening hours of operation) impound lot and public accommodations at their place of business. Each contractor must also have at least five (5) years of public-safety tow experience. C. In the formation of a contract, the County Administrator or his designee shall consider and generally follow the additional recommendations provided by the Towing Advisory Board, including those recommendations pertaining to the number of contracts, term limits, response times, business qualifications, equipment requirements, geographical response areas, and training requirements. D. The County Administrator or his designee shall implement a designated process by which the public may submit complaints pertaining to police- initiated towing services, and County staff may consult with members of the Towing Advisory Board in the disposition of any complaint. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor North and carried by the following recorded vote: II AYES: Supervisors Mahoney, Hooker, North, Radford, Peters NAYS: None IN RE: CLOSED MEETING At 5:09 p.m., Supervisor Peters moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711.A.3 —to discuss or consider the acquisition of real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Specifically, the board will consider the acquisition of potential for fire and rescue purposes and Section 2.2-3711.A.1 — to discussion the future retirement of the County Administrator and to discuss the interviewing and appointment of prospective candidates for this position. The motion was seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Radford, Peters NAYS: None. The closed session was held from 5:20 p.m. until 7:01 p.m. IN RE: CERTIFICATION RESOLUTION RESOLUTION 082421-4 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA August 24, 2021 524 WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Radford, Peters NAYS: None IN RE: ADJOURNMENT Chairman Peters adjourned the meeting at 7:02 p.m. Submitted by: Approved by: Deborah C. Jacks P. Jason Peters Chief Deputy Clerk to the Board Chairman