HomeMy WebLinkAbout9/7/2021 - Regular September 7, 2021 527
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 first regularly scheduled meeting
of the month of September 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
Supervisor Radford called the meeting to order at 3:01 p.m. The roll call
was taken.
MEMBERS PRESENT: Vice Chairman David F. Radford served as Chair;
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: NEW BUSINESS
1. Resolution approving the submission of a Waiver to Administer a
Split Precinct to the Virginia Department of Elections (Peter S.
Lubeck, County Attorney; Anna Cloeter, General Registrar-
Director of Elections)
Mr. Lubeck outlined the request and advised Ms. Cloeter was in
attendance for any questions.
528 September 7, 2021
Supervisor North asked Ms. Cloeter if this was new with Ms. Cloeter
responding in the negative stating it has been this way for the last ten years. There
were no further discussion.
RESOLUTION 090721-1 APPROVING THE SUBMISSION OF A
WAIVER TO THE VIRGINIA DEPARTMENT OF ELECTIONS TO
ADMINISTER A SPLIT PRECINCT IN THE NOVEMBER 2021
ELECTION
WHEREAS, pursuant to recent amendments to § 24.2-307 of the Code of
Virginia, each voting precinct "must be wholly contained within a single congressional
district, Senate district, House of Delegates district, and election district used for the
election of one or more members of the governing body or school board for the locality";
and
WHEREAS, split precincts must be eliminated by the 2021 November election
unless a waiver is granted by the Virginia Department of Elections; and
WHEREAS, Roanoke County has a voting precinct that contains a split between
two different election districts; Precinct 104 - Northside, includes a portion of Senate
districts 19 and 21; and
WHEREAS, inasmuch as the necessary data to perform redistricting has not yet
been released, it is proposed that the Board of Supervisors apply to the State Board of
Elections for a waiver to administer Precinct 104 as a split district during the November
2021 election.
NOW THEREFORE, BE IT RESOLVED that the Board authorizes the Roanoke
County Registrar to submit a waiver request to the Virginia Department of Elections to
enable the County to administer Precinct 104 as a split precinct during the November
2021 election.
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford
NAYS: None
ABSENT: Supervisor Peters
IN RE: FIRST READING OF ORDINANCES
1. Ordinance approving a permanent easement to Appalachian
Power Company on a parcel owned by the Roanoke County Board
of Supervisors (Tax Map Number 036.03-01-01.00-0000) for the
development of the Stormwater Operations Building at the Public
Service Center
II
September 7, 2021 529
(Due to the timeline from Appalachian Power Company, it is
requested, upon a four-fifths vote of the Board, the second
reading be waived and the ordinance adopted as an emergency
measure) (Doug Blount, Director of General Services and Parks,
Recreation and Tourism)
Mr. Blount outlined the request for ordinance.
Supervisor Mahoney asked where we are with construction of the new
building with Mr. Blount advising it should be completed by the end of the calendar year.
There was no further discussion.
ORDINANCE 090721-2 APPROVING A PERMANENT
EASEMENT TO APPALACHIAN POWER COMPANY ON A
PARCEL OWNED BY THE ROANOKE COUNTY BOARD OF
SUPERVISORS (TAX MAP NUMBER 036.03-01-01.00-0000) FOR
THE DEVELOPMENT OF THE STORMWATER OPERATIONS
BUILDING AT THE PUBLIC SERVICE CENTER
WHEREAS, Roanoke County has developed a two-phase plan to replace the
Public Service Center located at 1206 Kessler Mill Road; and
WHEREAS, as part of the plan, a new Stormwater Operations Shop Building is
being constructed in a higher elevation on the existing Public Service Center parcel; and
WHEREAS, the new building requires new electric poles to provide electric
service; and
WHEREAS, Appalachian Power Company has agreed to install the new electric
poles, and requests an easement as shown on a drawing dated 11/3/2019 attached to
the draft easement by Appalachian Power Company; and
WHEREAS, due to the time-frame for notification from Appalachian Power
Company, and the County's need for Appalachian Power Company's services, staff has
deemed this to be an emergency; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and disposition of real estate be authorized only by ordinance; and
WHEREAS, the first reading of this ordinance was held on September 7, 2021;
and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of
the members of the Board, this being deemed to be an emergency measure pursuant to
Section 18.04 of the Roanoke County Charter; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provision of Section 16.01 of the Roanoke County
Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and
530 September 7, 2021
is hereby made available for conveyance of an electric line easement to Appalachian
Power Company.
2. That the County accepts and appropriates the payment of $1.00 as fair
market value compensation for this electric line easement.
3. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on a form approved by
the County Attorney.
4. An emergency is deemed to exist, and this ordinance shall be effective
upon its adoption.
On motion of Supervisor North to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford
NAYS: None
ABSENT: Supervisor Peters
2. Ordinance amending Roanoke County Code Chapter 15 for Parks
and Recreation (Doug Blount, Director of General Services and
Parks, Recreation and Tourism)
Mr. Blount outlined the request for ordinance.
Supervisor Mahoney referenced page 35, Section 15.8 stating as we are
aware the General Assembly in its wisdom and knowledge decided to decriminalize the
possession of marijuana. What he sees under 15-8, number 3, is no person shall
smoke inside of a public park, however, right before that we have a reference to alcohol.
If he is sitting in a park and give a beer to somebody, he is in violation of a Class 4
misdemeanor, but if I have my marijuana cigarette and give it to his partner or friends
that is okay. Is that what we are saying? Peter Lubeck, County Attorney, advised that
is not correct as smoking marijuana in a public place is still illegal at this time. Our
police department would be contacted. It is our intention that if individuals are found to
be smoking marijuana in public parks, they will be asked to stop and if they decline we
will tell them they are trespassing unless they leave immediately. This would be a more
effective mechanism to prosecute under.
Mr. Blount advised they plan to put up additional signage that is clear and
states that marijuana usage is illegal.
September 7, 2021 531
Supervisor Hooker asked about food trucks and will it be addressed in the
public gathering ordinance when it is written. Rachel Lower, Senior Assistant County
Attorney responded in the affirmative. Mr. Blount advised we have two trucks that
participate in Roanoke County special events and we ensure they have their County
business license registered with the County, they have the proper insurances and
health inspections. Since it is on an infrequent basis, we have an agreement with them
so they can participate with the special event.
Supervisor Hooker stated it would be interesting if we could have
conversations with adjoining counties on Park times, because she knows it has been an
issue in some specific areas. She does not know if that would go anywhere, but it might
be more seamless from one jurisdiction to another. Mr. Blount advised he has had
informal discussions with Roanoke City, especially with the development of our
greenway system. Supervisor Hooker then asked for a quick update on Green Hill
Park. Mr. Blount advised they are making progress with our final right-of-way and we
hope that we can go to ad in the near future.
Supervisor Mahoney asked with respect to the ebikes and conflicts with
Roanoke City or Salem. He can recall reading how Roanoke City council had a long
debate over the different categories of ebikes, but he missed what was adopted. Are
they similar to us or would that be one of the conflict areas. Ms. Lower responded
Roanoke City has not prohibited any so all three are allowed. Staff does not know what
the City of Salem has done.
Supervisor North thanked staff for their due diligence.
Supervisor Radford stated he has a follow-up question related to Class 3
ebikes. Roanoke City will allow all three classes, what about the greenways? Do they
allow all three? Mr. Blount advised our greenways are limited to our parks. Our
concern with the Class 3 is speed, you are getting close to 28 mph and in a closed
greenway system, staff feels that is too fast with strollers, children and people on
skateboards and scooters. His recommendation to the Board would be we start
constructing our greenway, we may want to consider having a separate ordinance or
including in a separate section because there are going to be numerous requests to
close the greenway to the public for races, special events and we will wrestle with how
often do you want to do those type of activities. We will be connecting with other
jurisdictions and we may not coincide with all the same rules so there is going to have to
be some negotiation of how do we want our greenway to look like. It may be different
than what our parks look like because most of our parts do not connect to another
jurisdiction other than Explore Park.
Supervisor Hooker stated it would be nice if we could sync all of that
conversation with jurisdictions we have the greenways connected to.
532 September 7, 2021
Supervisor Radford stated he is a mountain biker and getting some age
when trying to do the hills. Most of the bikes he is looking at are a Class 3, because we
need the power of the motor to get up the incline. So, a lot of the bikes we are seeing
are Class 3. How are you going to know if he has a Class 2 versus a Class 3 and why
would we want to use a speed limit on there instead of the manufactured bike? Mr.
Blount responded staff would go back and take a look before second reading.
Supervisor Mahoney congratulated staff for finally bringing something that
cleans up our ordinance. There was no further discussion.
Supervisor Mahoney's motion to approve the first reading and set the
public hearing and second reading for September 21, 2021, was seconded by
Supervisor Hooker and approved by the following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford
NAYS: None
ABSENT: Supervisor Peters
3. Ordinance authorizing the acquisition of permanent and
temporary easements on property located at 2870 Riverview Road
(Tax Map No. 071.03-01-03.00-0000) for development of the
Roanoke River Greenway, Vinton Magisterial District (Lindsay
Webb, Parks Planning and Development Manager)
Ms. Webb outlined the ordinance.
Supervisor Mahoney asked if we are anticipating a dispute with Rachel
Lower, Senior Assistant County Attorney responding in the negative. There was no
further discussion.
Supervisor North's motion to approve the first reading and set the second
reading for September 21, 2021, was seconded by Supervisor Hooker and approved by
the following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford
NAYS: None
ABSENT: Supervisor Peters
4. Ordinance accepting and appropriating $11,465,194.98 in
additional COVID-19 Grants for Roanoke County Public Schools
(Susan Peterson, Director of Finance for Roanoke County Public
Schools)
Ms. Peterson outlined the request for ordinance.
September 7, 2021 533
Supervisor Hooker stated she understand there was extensive discussion
between students, faculty and staff to determine where the needs can best be met with
these dollars and was pleased with the additional [As and are wondering if they are in
place. Ms. Peterson responded we have all of the special education teachers in place
but not the lAs.
Supervisor Mahoney commented he had an opportunity to discuss with
Mike Wray, School Board, this is good in terms of the initiatives and hope we can hire
as soon as possible.
Supervisor North asked how much money we received, we got half of the
distribution this year and another half next year; is that correct. Ms. Peterson
responded $6,499,084 will be available immediately and the rest will be available as
soon as our plan is approved.
Supervisor Hooker's motion to approve the first reading and set the
second reading for September 21, 2021, was seconded by Supervisor Mahoney and
approved by the following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford
NAYS: None
ABSENT: Supervisor Peters
IN RE: PUBLIC HEARING AND SECOND 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 and advised there were no
changes since first reading.
Chairman Radford opened the public hearing and closed the public
hearing with no one to speak on this agenda item.
There was no discussion.
ORDINANCE 090721-3 AMENDING CHAPTER 21 (TAXATION),
ARTICLE IX (TRANSIENT OCCUPANCY TAX) OF THE
ROANOKE COUNTY CODE
WHEREAS, the proposed ordinance amendments, consistent with the changes
to the Code of Virginia (Sections 58.1-3818.8 and 58.1-3819) enacted by the 2021
General Assembly (and which become effective on September 1, 2021), will require
persons or entities offering room rentals to calculate the transient occupancy tax based
on the total charge to the customer, including accommodation fees charged to the
customer by online travel companies or other "accommodations intermediaries"; and
534 September 7, 2021
WHEREAS, prior to these amendments, transient occupancy tax was calculated
based on the total charge for the room collected by the lodging establishment (but not
on any intermediary); and
WHEREAS, the ordinance amendments also clarify that although the County's
Commissioner of Revenue assesses the tax, tax payments should be made to the
County Treasurer; and
WHEREAS, the first reading of this ordinance was held on August 24, 2021, and
the second reading and public hearing were held on September 7, 2021.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that the Roanoke County Code is hereby amended to read and
provide as follows:
ARTICLE IX. - TRANSIENT OCCUPANCY TAX
Sec. 21-201. - Definitions.
As used in this article, unless the context clearly indicates otherwise:
(a) Transient. "Transient" means any person who exercises occupancy or is entitled to
occupancy by reason of concession, permit, right of access, license or other
agreement, either at his own expense or at the expense of another, for a period of
twenty-nine (29) consecutive calendar days or less, counting portions of calendar days
as full days. Any such person so occupying space in a hotel or travel campground for
which charge is made shall be deemed to be a transient until the period of twenty-nine
(29) days has expired unless there is an agreement in writing between the operator
and the occupant providing for a longer period of occupancy, or the occupant has paid
in advance for over twenty-nine (29) days of occupancy. In determining whether a
person is a transient, uninterrupted periods of time extending both prior and
subsequent to the effective date of this article may be considered.
(b) Occupancy. "Occupancy" means the use or possession or the right to the use or
possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging
or sleeping purposes.
(c) Hotel. "Hotel" includes, but is not limited to, any structure, or any portion of any
structure, which is occupied or intended or designed for occupancy by transients for
dwelling, lodging or sleeping purposes, and includes any public or private hotel, inn,
tourist home or house, motel, house, boarding house, dormitory, public or private club,
apartment hotel, hostelry, mobile house or house trailer at a fixed location, or other
similar structure or portion thereof within the county which offers lodging for five (5) or
more persons at any one time and the owner and operator thereof offers lodging to any
transient for compensation.
September 7, 2021 535
(d) Travel campground means any area, site, lot, field, or tract of land offering spaces for
recreational vehicles or campsites for transient dwelling purposes, or temporary
dwelling during travel, or recreational or vacation uses.
(e) Operator. "Operator" means the person who is proprietor of the hotel or travel
campground, whether in the capacity of owner, lessee, sublessee, mortgagee in
possession, licensee, or any other capacity. Where the operator performs his functions
through a managing agent of any type or character other than an employee, the
managing agent shall also be deemed an operator for the purposes of this section and
shall have the same duties and liabilities as his principal. Compliance with the
provisions of this section by either the principal or the managing agent shall, however,
be considered to be compliance by both.
(f) Rent. "Rent" means the total price, exclusive of any tax imposed on such charge, paid
by the customer for the occupancy of any hotel or travel campground for lodging or
space furnished to any transient. If the charge made by any hotel or travel campground
to a customer includes any charge for services or accommodations in addition to that
of lodging and/or use of space, then such portion of the total charge representing only
lodging and/or space rental shall be distinctly set out and billed to such customer by
such hotel or travel campground as a separate item. Room rental includes the full retail
price charged to the customer by any accommodations intermediary for the lodging or
space furnished to any transient, before taxes.
(g) Person. "Person" means any individual, firm, partnership, joint venture, association,
social club, fraternal organization, joint stock company, corporation, estate, trust,
business trust, receiver, trustee, syndicate, person acting in a representative capacity,
or any other group or combination acting as a unit.
(h) Commissioner of the revenue means the commissioner of the revenue of Roanoke
County, Virginia.
(i) Treasurer means the treasurer of Roanoke County, Virginia.
(j) License inspector means a license inspector in the office of the Commissioner of the
Revenue of Roanoke County, Virginia.
(k) Accommodations intermediary. Accommodations intermediary means any person other
than an operator that facilitates the sale of an accommodation, charges a room charge
to the customer, and charges an accommodations fee to the customer, which fee it
retains as compensation for facilitating the sale. For purposes of this definition,
"facilitates the sale" includes brokering, coordinating, or in any other way arranging for
the purchase of the right to use accommodations via a transaction directly, including
via one or more payment processors, between a customer and an Operator.
(Ord. No. 85-120, § 2, 7-9-85, 9-07-21)
State Law reference — Code of Virginia § 58.1-602, § 58.1-3818.8
Sec. 21-202. - Levied; rate.
In addition to any other tax imposed by law, there is hereby imposed on each and
every customer a tax equivalent to seven (7) percent of the total rent, for a hotel or
536 September 7, 2021
travel campground, paid by the customer for occupancy by a transient. The transient
shall pay the tax to the operator or accommodations intermediary at the time the rent
is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid
with each installment. The unpaid tax shall be due upon the transient's ceasing to
occupy space in the hotel or travel campground.
(Ord. No. 85-120, § 2, 7-9-85; Ord. No. 32393-9, § 1 , 3-23-93; Ord. No. 082812-4 , §
1 , 8-28-12, 9-07-21)
State Law reference — Code of Virginia § 58.1-3818.8, § 58.1-3819.1
Sec. 21-204. - Collection.
Each operator or accommodations intermediary receiving any rent for room rental with
respect to which a tax is levied under this article shall collect the amount of tax hereby
imposed from the transient on whom the same is levied, or from the person paying for
such room rental, at the time rent for such room rental is made. The taxes required to
be collected hereunder shall be deemed to be held in trust by the operator or
accommodations intermediary required to collect the same until remitted as required
by this article. The amount of tax shall be separately stated from the amount of the
rent charged, and each transient shall receive a receipt for payment from the operator
or accommodations intermediary. No operator of a hotel or travel campground or
accommodations intermediary shall advertise or state in any manner, whether directly
or indirectly, that the tax or any part thereof will be assumed or absorbed by the
operator or accommodations intermediary, or that it will not be added to the rent, or
that, if added, any part will be refunded except in the manner hereinafter provided.
Sec. 21-205. - Reports and remittance of tax.
Each operator or accommodations intermediary collecting the tax levied under this
article shall make a report, upon such forms and setting forth such information as the
commissioner of the revenue may prescribe and require. Such report shall show the
amount of room rental charges collected and the tax required to be collected and shall
sign and deliver the same to the commissioner, with a remittance of such tax due to
the treasurer. Such reports and remittances shall be made quarterly on or before the
last day of October, January, April, and July in each year, and shall cover the amount
of tax collected during the three (3) months immediately preceding the months in
which such reports and remittances are required. If the remittance is by check or
money order, the same shall be payable to the county.
II (Ord. No. 85-120, § 2, 7-9-85)
September 7, 2021 537
Sec. 21-206. - Failure to collect, report or remit.
If any operator or accommodations intermediary shall fail or refuse to collect the tax
levied by this article and to make, within the time provided in this article, any report
and remittance required by this article, the commissioner shall proceed in such
manner as he may deem best to obtain facts and information on which to base his
estimate of the tax due. As soon as the commissioner shall procure such facts and
information as he is able to obtain upon which to base the assessment of any tax
payable by any operator or accommodations intermediary who has failed or refused to
collect the same and to make such report or remittance, he shall proceed to determine
and assess against such operator or accommodations intermediary the tax, interest,
and penalties provided for by this article and shall notify such operator or
accommodations intermediary by registered mail sent to his last known place of
address of the total amount of such tax, interest, and penalties, and the total amount
thereof shall be payable within ten (10) days from the date of such notice.
(Ord. No. 85-120, § 2, 7-9-85)
Sec. 21-207. - Penalties and interest.
If any operator or accommodations intermediary fails or refuses to remit to the
treasurer the tax required to be collected and paid under this article within the time
and amount specified in this article, a penalty of ten (10) percent of the amount of the
tax, in addition to the amount of the tax, shall be imposed by the treasurer of the
county. Further, if the tax remains delinquent and unpaid for a period of one month
from the date same is due and payable, a second delinquency penalty of ten (10)
percent of the amount of the tax in addition to the amount of the tax and the initial ten
(10) percent penalty, shall be imposed.
In addition to the penalties imposed, any operator or accommodations intermediary
who fails to remit any tax imposed by this article shall pay interest at the rate of one-
half (1/2) of one (1) percent per month on the amount of the tax exclusive of penalties,
from the date on which the remittance first became delinquent until paid. Every penalty
imposed and such interest as accrues under the provisions of this section shall
become a part of the tax herein required to be paid.
(Ord. No. 85-120, § 2, 7-9-85)
Sec. 21-208. - Records to be kept.
538 September 7, 2021
It shall be the duty of every operator or accommodations intermediary liable for the
collection and payment to the county of any tax imposed by this section to keep and
preserve, for a period of two (2) years, such suitable records as may be necessary to
determine the amount of such tax, which records the commissioner shall have the
right to inspect at all reasonable times.
(Ord. No. 85-120, § 2, 7-9-85)
Sec. 21-209. - Cessation of business.
Whenever any operator or accommodations intermediary required to collect and pay
to the county a tax under this article shall cease to operate or otherwise dispose of his
business, any tax payable hereunder to the county shall become immediately due and
payable and such person shall immediately make a report and pay the tax due.
(Ord. No. 85-120, § 2, 7-9-85)
Sec. 21-212. - Refunds.
(a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more
than once or has been erroneously or illegally collected or received by the county
under this article, it may be refunded as provided in paragraphs (b) and (c) of this
section, provided a claim in writing therefore, stating under penalty of perjury the
specific grounds upon which the claim is founded, is filed with the commissioner of the
revenue within three (3) years of the date of payment. The claim shall be on forms
furnished by the commissioner of the revenue.
(b) An operator or accommodations intermediary may claim refund or take as credit
against taxes collected and remitted the amount over-paid, paid more than once or
erroneously or illegally collected or received when it is established in a manner
prescribed by the commissioner of the revenue that the person from whom the tax has
been collected was not a transient; provided, however, that neither a refund nor a
credit shall be allowed unless the amount of the tax so collected has either been
refunded to the transient or credited to rent subsequently payable by the transient to
the operator or accommodations intermediary.
(c) A transient may obtain a refund of taxes over-paid or paid more than once or
erroneously or illegally collected or received by the county by filing a claim in the
manner provided in paragraph (a) of this section, but only when the tax was paid by
the transient directly to the treasurer, or when the transient having paid the tax to the
operator or accommodations intermediary, establishes to the satisfaction of the
commissioner that the transient has been unable to obtain a refund from the operator
or accommodations intermediary who collected the tax.
(d) No refund shall be paid under the provisions of this section unless the claimant
establishes his right by written records showing entitlement thereto.
September 7, 2021 539
(Ord. No. 85-120, § 2, 7-9-85)
Sec. 21-213. - Actions to collect.
Any tax required to be paid by any transient under the provision of this article shall be
deemed a debt owed by the transient to the county. Any such tax collected by an
operator or accommodations intermediary which has not been paid to the county shall
be deemed a debt owed by the operator or accommodations intermediary to the
county. Any person owing money to the county under the provisions of this article shall
be liable in action brought in the name of the county for the recovery of such amount.
(Ord. No. 85-120, § 2, 7-9-85)
This Ordinance shall be effective immediately.
On motion of Supervisor Mahoney to adopt the ordinance, seconded by
Supervisor Radford and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford
NAYS: None
ABSENT: Supervisor Peters
IN RE: CONSENT AGENDA
RESOLUTION 090721-4 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM G - 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 September
7, 2021, designated as Item G - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 4 inclusive, as follows:
1. Approval of minutes — May 25, 2021
2. Request to approve the Board of Supervisors budget development calendar
for fiscal year 2022-2023
II 3. Request to accept and allocate grant funds in the amount of $194,925 from
the Division of Motor Vehicles for the purpose of Selective Enforcement
540 September 7, 2021
4. Request to accept and allocate grant funds in the amount of $145,725 from
the Virginia Department of Criminal Justice Services Virginia Victim Witness
Fund
On motion of Supervisor Radford to adopt the resolution, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford
NAYS: None
ABSENT: Supervisor Peters
A-090721-4.a
A-090721-4.b
A-090721-4.c
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
Jeff Krasnow of 5456 Peregrine Crest, Hunting Hills and is here in his
capacity of Vice Chairman of the Roanoke County Electoral Board and noted Gailen
Miles also in attendance, who is the Secretary of the Electoral Board. The Electoral
Board was notified late last month of the availability of up to $3 million in grants that
were contained in the budget passed by the General Assembly to be made available to
try and enhance citizens' opportunities for voting and early voting. At that time, we
decided to attempt to submit a grant that would have allowed us to place drop boxes at
four (4) different locations around the County to make it easier for citizens to cast ballots
that they did not feel comfortable entrusting to the United States Postal System.
Unfortunately, when we began to explore doing that and he spoke with Mr. Lubeck and
Mr. O'Donnell, we learned that in order to apply for a grant to fund the drop boxes and
the additional personnel that we would need to be able to utilize them, we needed
advance approval from Roanoke County and there simply was not sufficient time to get
that. So, rather than act and seek forgiveness later, we decided to make discretion the
better part of valor. We were disappointed that we were not able to do so. He wanted
to address the Board first of all to encourage that perhaps a more expedited system of
getting approval for grants can be considered if and when there is the availability of
getting a grant on (a) short notice, (b) will ultimately result in not any significant
expenditure to the County. This grant would not have cost the County anything other
than the County would have had to put up some funds to begin with, but all of it would
have come back from the grant. The second thing he wanted to mention to the Board
today in his three (3) minutes is there has been some discussion about the possibility of
expanding early voting, possibly beyond the one week that was planned at Brambleton
at the satellite voting and possibly event expanding it to Sunday voting. We realize we
have exceeded our budget each year and we appreciate your forbearance with that, but
September 7, 2021 541
we are reluctant to try and become significantly involved to the early voting without
some indication from the Board that there is support for that idea. It is something we
are considering. We have an Electoral Board meeting next week and we could if we
have support from the Board expand that. He would be happy to answer any questions.
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
NAYS: None
ABSENT: Supervisor Peters
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor North stated he had the pleasure to attend Lutrell Staffing
Group on Wednesday, August 25, 2021, their grand opening, as they moved from the
City to Roanoke County for their staffing group, which is an industrial labor and
administrative agency that has located off Peters Creek Road in the Hollins District.
They have been in business for over 28 years and are among the top 1% largest
staffing firms in the United States with 36 locations across the County. Their
headquarters are in Kingsport, Tennessee. They have been in Roanoke about five (5)
years and anyone needing any help with securing employment can also go by and see
these folks at 6342 Peters Creek Road. They will be more than willing to help develop
your resume, put you in contact with people looking for employees. Earlier that morning
I also attended the Virginia Blue Ridge introduction of the new Blue Ridge Parkway
Superintendent at Explore Park. It was well attended by many in the area and listened
to the new Superintendent discuss being here hopefully for a long while. She was not
put here to retire as some Superintendents in the past. I got to meet her and welcomed
her to this area. She did speak on many things, but she touched on the fact that like
many national parks, the Blue Ridge Parkway touches many communities and so with
that said, they hope to enhance their community connection along the parkway and
hopefully this will benefit the region and Explore Park.
Supervisor Hooker wished a happy birthday to Mr. North, he has a big day
today and we are pleased to have him with us tonight. She looks forward to
participating in the Roanoke County 200 Plan meetings. She will be at all of them in the
Catawba District, save one that she has a prior commitment. She also has some other
542 September 7, 2021
meetings scheduled with citizens on various topics and look forward to meeting with
more people.
Supervisor Radford stated he too would be participating in the Roanoke
County 200 Plan meetings in the Windsor Hills district. There is three of them. There
are a total of 12, so those citizens who are watching or listening to this, he hopes they
get a chance to go. You can go to www.roanokecountyva.gov/200plan. You can find it
real easy. He definitely encourages involvement in that. The second item, Supervisor
North when you were meeting with the Superintendent, did they say anything about
getting the Parkway repaired. Supervisor North stated from what he understands he
thinks it is going to be awhile on Rt. 220 where it is a bit challenging. He does not
remember the date, but thinks it is not going to be this year. She did allude to opening
the bridge in the peak season. Mr. O'Donnell noted it would be opened temporarily, just
for the month of October. Supervisor Radford stated he was talking about the one
going South with the big slide. Mr. O'Donnell stated the one going to Bent Mountain is
probably going to take another year.
IN RE: WORK SESSIONS
1. Work session to review Roanoke County's Comprehensive Plan
with the Board of Supervisors (Philip Thompson, Director of
Planning; Bailey Howard-Dubois, Principal Planner)
Mr. Thompson provided an overview and turned the meeting over to Ms.
Howard-Dubois who provided a PowerPoint presentation and showed the introductory
video that is on the website.
The work session was held from 4:17 p.m. until 4:36 p.m.
2. Work session to review 419 Town Center Design Guidelines with
the Board of Supervisors (Philip Thompson, Director of Planning)
Mr. Thompson provided an overview and turned the meeting over to the
consultants. — Nick Britton, Project Manager & Zoning Lead; Mike Callaghan, Design
Standards Lead who went through the PowerPoint presentation. They asked what
challenges the Board sees.
Supervisor Radford stated as a developer we want the hurdles removed.
His biggest challenge is private property. We have cast the vision and now need to put
on marketing hat.
Supervisor Hooker stated she thinks the biggest challenge is financing;
how do we incentivize developers.
111 Supervisor Radford and Supervisors North both stated they liked what
was does at Short Pump, Virginia
The work session was held from 4:36 p.m. until 6:02 p.m.
September 7, 2021 543
IN RE: ADJOURNMENT
Chairman Peters adjourned the meeting at 6:02 p.m.
Submitted by: Approved by:
Deborah C. Jacks P. Jason Peters
Chief Deputy Clerk to the Board Chairman
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