HomeMy WebLinkAbout10/19/2021 - Regular October 19, 2021 619
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 October 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 3:02 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: NEW BUSINESS
1. Resolution approving of the County's participation in the
proposed settlement of opioid-related claims against McKesson,
Cardinal Health, AmerisourceBergen, Janssen and their related
corporate entities, and directing the County Attorney and/ or the
County's Outside Counsel to execute the documents necessary to
effectuate the County's participation in the settlements (Peter S.
Lubeck, County Attorney)
620 October 19, 2021
Mr. Peter Lubeck, County Attorney, outlined the resolution.
Supervisor North stated after reviewing your presentation it looks like
$3,024,700 over a period of time. How much per year with Mr. Lubeck responding
approximately $166,700 and unlikely will be equal annual payments. Supervisor North
asked if there were any restrictions with Mr. Lubeck responding there is a formula
process and half can be used, but half is restricted for opioid abatement.
Supervisor Hooker noted the majority of the money that is being collected
from the industry is going to the State. She feels like the localities could probably better
use, but we will accept what we can get.
Mr. Lubeck added that Tim Spencer, a Roanoke City attorney is on the
Opioid Abatement Authority and playing a major role in that and determining State funds
and how they are allocated. This is good news.
RESOLUTION 101921-1 OF THE ROANOKE COUNTY BOARD
OF SUPERVISORS APPROVING OF THE COUNTY'S
PARTICIPATION IN . THE PROPOSED SETTLEMENT OF
OPIOID-RELATED CLAIMS AGAINST MCKESSON, CARDINAL
HEALTH, AMERISOURCEBERGEN, JANSSEN, AND THEIR
RELATED CORPORATE ENTITIES, AND DIRECTING THE
COUNTY ATTORNEY AND/OR THE COUNTY'S OUTSIDE
COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO
EFFECTUATE THE COUNTY'S PARTICIPATION IN THE
SETTLEMENTS
WHEREAS, the opioid epidemic that has cost thousands of human lives across
the country also impacts the County of Roanoke by adversely impacting the delivery of
emergency medical, law enforcement, criminal justice, mental health and substance
abuse services, and other services by the County's various departments and agencies;
and
WHEREAS, the County has been required and will continue to be required to
allocate substantial taxpayer dollars, resources, staff energy and time to address the
damage the opioid epidemic has caused and continues to cause the citizens of the
County;..and ,
WHEREAS, the County has filed suit against McKesson, Cardinal Health,
AmerisourceBergen;:and Janssen Pharmaceuticals, along with,certain of their.related
corporate entities for.their role in.,.-the distribution, manufacture, and sale of the
pharmaceutical opioid products that have fueled the opioid epidemic that has harmed
the County; and
WHEREAS, the County's suit seeks recovery of the public funds previously
expended and to be expended in the future to abate the consequences and harms of
the opioid epidemic; and
October 19, 2021 621
WHEREAS, settlement proposals have been negotiated that will cause
McKesson, Cardinal Health, AmerisourceBergen, and Janssen to pay up to $26 billion
nationwide to resolve opioid-related claims against them; and
WHEREAS, the County's outside opioid litigation counsel has recommended that
the County participate in the settlements in order to recover its share of the funds that
the settlement would provide; and
WHEREAS, the County Attorney has reviewed the available information about
the proposed settlements and concurs with the recommendation of outside counsel.
NOW THEREFORE BE IT RESOLVED that the Roanoke County Board of
Supervisors approves of the County's participation in the proposed settlement of opioid-
related claims against McKesson, Cardinal Health, AmerisourceBergen, Janssen, and
their related corporate entities, and directs the County Attorney and/or the County's
outside counsel to execute the documents necessary to effectuate the County's
participation in the settlements, including the required release of claims against settling
entities.
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of New Millennium Building Systems, LLC, to rezone
approximately 2.00 acres from R-1C, Low Density Residential,
District, to 1-2, High Intensity Industrial, District, located at 3878
Garman Road, Catawba Magisterial District
Supervisor Hooker's motion to approve the first reading and set the
second reading and public hearing for November 17, 2021, was seconded by
Supervisor Peters and approved by the following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: PUBLIC HEARING
1. Public hearing to receive citizen comments regarding a proposed
amendment to the fiscal year 2021-2022 budget in accordance
with Code of Virginia Section 15.2-2507 (Laurie Gearheart,
Director of Finance and Management Services)
622 October 19, 2021
Chairman Peters opened and closed the public hearing with no citizens to
speak on this agenda item.
IN RE: SECOND READING OF ORDINANCES
1. Ordinance accepting and appropriating funds in the amount of
$9,147,263 from the Department of the Treasury for the locality-
based allocation distributed as a component of the American
Rescue Plan Act (ARPA) of 2021 (Rebecca Owens, Assistant
County Administrator)
Ms. Owens outlined the request for the ordinance. There was no
discussion.
ORDINANCE 101921-2 ACCEPTING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $9,147,263 FROM THE
DEPARTMENT OF THE TREASURY FOR THE LOCALITY-
BASED ALLOCATION DISTRIBUTED AS A COMPONENT OF
THE AMERICAN RESCUE PLAN ACT (ARPA) OF 2021
WHEREAS, in response to the present Coronavirus pandemic, on March 11,
2021, the American Rescue Plan Act of 2021 was signed into law in the amount of $1.9
trillion; and
WHEREAS, $350 billion has been set aside for state and local governments and
of this amount $65.1 billion has been set aside for counties; and
WHEREAS, on May 19, 2021, the Department of the Treasury notified the
County that its first allocation of funds made available through ARPA is $9,147,263; and
WHEREAS, these funds may be used only for eligible expenses as outlined in
the Interim Final Rule under the six broad categories of Support Public Health
Response, Address Negative Economic Impacts, Replace Public Sector Revenue
Loss, Premium Pay for Essential Workers, Water and Sewer Infrastructure, and
Broadband Infrastructure; and ARPA may only be used to cover costs that 1) were
incurred during the period that began on March 3, 2021, and ends on December 31,
2024 and 2) costs can be "incurred" by December 31, 2024 and expended through
December 31, 2026: and
WHEREAS, the first reading of this ordinance was held on October 5, 2021; and
the second reading was held on October 19, 2021.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $9,147,263, made available to the County through the
Department of the Treasury from the American Rescue Plan Act, is
accepted.
October 19, 2021 623
2. The sum of $9,147,263 is hereby appropriated to the County's Grant
Fund, to be used for those purposes allowable under the Act.
3. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor North to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
2. Ordinance authorizing employee bonuses totaling $2,094,330.75
funded from the Compensation Board, Public Safety Salary
Reimbursement from CARES Act and General Fund Year End (P.
Jason Peters, Chairman)
Ms. Owens, Assistant County Administrator, advised there has been one
change, to fund the part-time sworn deputies and certified fire and rescue to $1,000.
Supervisor Mahoney advised the ordinance is fairly specific as to
allocation, but wondered if there were any benefits to the two attachments that were
provided being attached to the ordinance itself. Ms. Owens stated her only concern is
Attachment B includes the number of staff, which could change. Additionally
Attachment A specifies the number of full time employees at a certain point in time. Mr.
Lubeck agreed with Ms. Owens stating the ordinance states that those employees
eligible for the bonus are those actively employed by the County on the day that
payment is made.
Supervisor Peters stated he wanted to provide clarification. There seems
to be a little misunderstanding at the last meeting that this was tied to COVID, but was
driven by the General Assembly that awarded the Sheriffs Deputies $3,000 that was
paid for by the Comp Board. At that point, our Board then chose to look at our County
Police officers and chose to include them as well. Additionally, there was further
discussion of the Board to encompass all public safety and he personally has been a
big advocate of our dispatchers and the Board extended to all of our employees. We
are thankful and look at this as a bonus of gratitude not necessarily tied to COVID, but
we are thankful for what our employees do, day in and day out.
ORDINANCE 101921-3 AUTHORIZING EMPLOYEE BONUSES
TOTALING $2,094,330.75 FUNDED FROM THE
COMPENSATION BOARD, PUBLIC SAFETY SALARY
REIMBURSEMENT FROM CARES ACT, AND GENERAL FUND
YEAR END
WHEREAS, the 2021 General Assembly Special Session II approved the
allocation of federal American Rescue Plan Act (ARPA) to the Compensation Board to
624 October 19, 2021
provide a one-time $3,000 bonus payment for Compensation Board funded sworn
sheriffs, sheriffs' deputies and regional jail officers; and
WHEREAS, the Board of Supervisors has agreed to accept the funding from the
Compensation Board and pass this one-time bonus to eligible sheriff office positions;
and
WHEREAS, the Board has identified providing a bonus to all other County
employees as a priority in recognition and appreciation of employees' hard work and
dedication during COVID-19; and
WHEREAS, Roanoke County employees have continued to provide stellar
service and adapted to new working environments throughout the pandemic; and
WHEREAS, to continue to retain and support employees and reward their hard
work, it is recommended that General Fund year end funds be used to provide a bonus
to County employees; and
WHEREAS, it has been proposed that uniformed employees in the departments
of Police, Fire and Rescue, and Sheriff, and certain Emergency Communications Center
employees receive a $3,000 bonus; and
WHEREAS, it has further been proposed that all other full-time County
employees receive a $1,000 bonus, that part-time County employees receive a $250
bonus and that certain part-time Public Safety employees receive a $1,000 bonus; and
WHEREAS, Section 15.2-1508 of the 1950 Code of Virginia, as amended,
authorizes the governing body of any locality to pay monetary bonuses to its officers
and employees, and
WHEREAS, the Board of Supervisors of Roanoke County deems that it is in its
best interests to authorize the payment of the bonuses to recognize the services
rendered by County officers and employees during these difficult economic times; and
WHEREAS, the first reading of this ordinance was held on October 5, 2021; and
the second reading is scheduled for October 19, 2021 with payment of the bonus on the
November 12, 2021 paycheck.
NOW THEREFORE, BE IT ORDAINED by the Board of.Supervisors of Roanoke
County, Virginia, as follows:
1. The County Administrator is hereby authorized to pay a bonus to
uniformed employees in the departments of Police, Fire and Rescue, and
Sheriff : and certain Emergency Communications Center ("ECC")
employees as follows:
a. Full-time uniformed, sworn public safety employees shall receive
$3,000.
b. Full-time ECC employees answering calls from citizens shall receive
$3,000
c. Part-time uniformed, sworn public safety employees shall receive
$1,000.
2. The County Administrator is hereby authorized to pay a bonus to all other
Roanoke County officers and employees as follows:
October 19, 2021 625
a. All other full-time employees shall receive a,$1,000 bonus.
b. All regular part-time employees shall receive a $250 bonus.
3. County employees qualifying for the above bonuses are further defined as
full-time and regular part-time employees who are in active pay status at
the time the bonus is paid; it is anticipated that the bonuses will be paid on
November 12, 2021. Regular part-time employees are those
recommended by their respective department director. Part-time casuals
and temporaries, and members of boards and commissions are not
eligible for a bonus.
On motion of Supervisor North to adopt the ordinance, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance authorizing 1) the conveyance of real property, located
at 0 Old Cave Spring Road, (Tax Map No. 076.20-03-05.00-0000),
4555 Old Cave Spring Road (Tax Map No. 076.00-03-02.00-0000),
4607 Old Cave Spring Road (Tax Map No. 076.20-03-01.00-0000),
4445 Brambleton Ave. (Tax Map No. 086.08-04-04.00-0000), and
4441 Brambleton Ave. (Tax Map No. 086.08-04-05.00-0000), in the
Windsor Hills Magisterial District, to the Roanoke County
Economic Development Authority; and 2). The reallocation of
funds in the amount of $655,000 from the County's existing
capital project for the purpose of compensating the
Commonwealth. of Virginia (Virginia Department of
Transportation) to relinquish its easement in such parcels of real
property (Jill Loope, Director of Economic Development)
Ms. Loope advised there were no changes from the first reading of this
ordinance on October 5, 2022.
Chairman Peters opened and closed the public hearing with no citizens to
speak on this agenda item.
Supervisor North asked if this would need to go before the General
Assembly for final approval with Ms. Loope responding in the negative. Mr. Lubeck
explained this is a unique situation; the Virginia Department of Transportation (VDOT)
could not transfer its property to another individual for Economic Development
purposes, but could transferred to the locality to be used for public purposes.
626 October 19, 2021
Supervisor Mahoney stated he can see we are paying for this from the
CRT Capital Project Account. It appears based on what we heard last meeting is that
we have a whole lot of money coming in left over from year end. He is wondering why
we would not using those dollars. Mr. O'Donnell responded that we will be reimbursing
those funds; the plan is after the audit to reimburse the account.
ORDINANCE 101921-4 AUTHORIZING 1) THE CONVEYANCE
OF REAL PROPERTY, LOCATED AT 0 OLD CAVE SPRING RD.
(TAX MAP NO. 076.20-03-05.00-0000), 4555 OLD CAVE SPRING
RD. (TAX MAP NO. 076.00-03-02.00-0000), 4607 OLD CAVE
SPRING RD. (TAX MAP NO. 076.20-03-01.00-0000), 4445
BRAMBLETON AVE (TAX MAP NO. 086.08-04-04.00-0000), AND
4441 BRAMBLETON AVE. (TAX MAP NO. 086.08-04-05.00-
0000), IN THE WINDSOR HILLS MAGISTERIAL DISTRICT, TO
THE ROANOKE COUNTY ECONOMIC DEVELOPMENT
AUTHORITY; AND 2) THE REALLOCATION OF FUNDS IN THE
AMOUNT OF $655,000 FROM THE COUNTY'S EXISTING
CAPITAL PROJECT FOR THE PURPOSE OF COMPENSATING
THE COMMONWEALTH OF VIRGINIA(VIRGINIA DEPARTMENT
OF TRANSPORTATION) TO RELINQUISH ITS EASEMENT IN
SUCH PARCELS OF REAL PROPERTY
WHEREAS, pursuant to Ordinance 022321-4, and a deed executed on February
23, 2021, the Board acquired the following parcels of real property located in the County
of Roanoke (Windsor Hills Magisterial District), at the intersection of Old Cave Spring
Road and Brambleton Avenue, which were owned by the Commonwealth:
Address Tax Map No. Acreage
0 Old Cave Spring Road 076.20-03-05.00-0000 1.15
4555 Old Cave Spring 076.20-03-02.00-0000 0.29
Road .
4607 Old Cave Spring 076.20-03-01.00-0000 0.49
Road
4445 Brambleton Ave. 086.08-04-04..00-0000 0.14
4441 Brambleton Ave. 1086.08-04-05.00-0000 0.5
and;
WHEREAS, the above . parcels were considered "residue parcels," by the
Commonwealth (hereafter the "Residual Parcels") as set forth in § 33.2-1009 of the
Code of Virginia, which were historically acquired by the Commonwealth's
Commissioner of Highways, incidental to the construction and improvement of public
highways, and have been held in the public interest since their acquisition; and
October 19, 2021 627
WHEREAS, the Residue Parcels have economic-development potential;
ownership of them would facilitate access from Old Cave Spring Road to parcel 086.-8-
04-03.00-0000 (4453 Brambleton Avenue), which parcel is 4.3 acres in size, and could
provide a desirable location for business; and
WHEREAS, pursuant to § 33.2-1010 of the Code of Virginia, the Commissioner
of Highways may lease, sell, or exchange such residue parcels of land upon such terms
and conditions as in the judgment of the Commissioner of Highways may be in the
public interest, provided, however, that the Commissioner of Highways shall not use
such parcels for any commercial purpose; upon such sale or exchange, such residue
properties must be used for public use; and
WHEREAS, in order to ultimately facilitate potential economic development of the
Residual Parcels within the confines of Section 33.2-1010 of the Code of Virginia, the
Board, the Roanoke County Economic Development Authority, and the Commonwealth
entered into a Memorandum of Understanding, dated February 23, 2021, in which the
following arrangement was set forth and agreed upon:
A. The Commonwealth agreed to convey, by deed, the Residual Parcels to the
County, upon the condition that the Residual Parcels be .used for public
purposes, including the uses of equipment and material storage and project
staging. The Commonwealth will retain an easement in each of the Residual
Parcels, enabling the Commonwealth to continue to use the parcels for its public
purposes (such a deed was executed on February 23, 2021); and
B. If and when the time comes that the County desires to convey the Residual
Parcels to the Roanoke County Economic Development Authority ("EDA") for the
purpose of furthering economic development in Roanoke County, the Parties will
execute a new deed with the following provisions:
a. The County will pay the Commonwealth the fair market value of the
Residual Parcels, as determined by an independent appraisal at the time
of the transaction (an appraisal has been performed and the fair market
value of the properties, collectively, has been determined to be
$655,000.00);
b. The Commonwealth's easement in the Residual Parcels will be
extinguished;
c. The County will convey fee simple ownership of the Residual Parcels to
the EDA; and
WHEREAS, the Board now desires to convey the Residue Parcels to the Roanoke
County Economic Development Authority in order to facilitate development of the parcels; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of
real estate interests be accomplished by ordinance; the first reading of this ordinance was held
on October 5, 2021, and the second reading and public hearing was held on October 19, 2021.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that:
1) The County Administrator, or any Assistant County Administrator, is
hereby authorized to execute a deed and take such actions on behalf of Roanoke
County in this matter as are necessary to accomplish the conveyance of the following
628 October 19, 2021
real estate to the Roanoke County Economic Development Authority, which deed shall
be approved as to form by the County Attorney:
Address Tax Map No. Acreage
0 Old Cave Spring Road 076.20-03-05.00-0000 1.15
4555 Old Cave Spring 076.20-03-02.00-0000 0.29
Road
4607 Old Cave Spring 076.20-03-01.00-0000 0.49
Road
4445 Brambleton Ave. 086.08-04-04.00-0000 0.14
4441 Brambleton Ave. 086.08-04-05.00-0000 0.5
2) Funds in the amount of $655,000 shall be reallocated from the existing CRT
capital project account to be used for the purpose of compensating the
Commonwealth of Virginia (Virginia Department of Transportation) to relinquish
its easement on such parcels and replenished from fiscal year 2021 year-end
savings.
3) This ordinance is effective upon its adoption.
On motion of Supervisor Radford to adopt the ordinance seconded by Supervisor
Peters and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
2. Ordinance authorizing the transfer of title to the real estate in the
Vinton Business Center from the Roanoke County Board of
Supervisors to the Roanoke County Economic Development
Authority.(Jill Loope, Director of Economic Development)
Ms. Loope advised there were no changes since the first reading held on
October 5, 2022.
Chairman Peters opened and closed the public hearing with no citizens to
speak on this agenda item.
ORDINANCE 101921=5 AUTHORIZING THE TRANSFER OF THE
BOARD OF SUPERVISORS' INTEREST THE TITLE TO THE
REAL ESTATE IN THE VINTON BUSINESS CENTER FROM THE
ROANOKE COUNTY BOARD OF SUPERVISORS TO THE
ROANOKE COUNTY ECONOMIC DEVELOPMENT AUTHORITY
WHEREAS, the Board of Supervisors and the Town of Vinton each own one-half
(1/2) undivided interest in six parcels of real estate that are located in the Vinton
Business Park. Specifically, the parcels (the "Properties") are:
October 19, 2021 629
Tax Map No. Lot No. Acreage
071.07-03-01.00-0000 1 12.16 acres
071.07-03-04.00-0000 Detention Lot 11.31 acres
071.11-01-01.00-0000 2 18.53 acres
071.11-01-01.02-0000 4 16.86 acres
071.07-03-03.00-0000 5 8.54 acres
071.07-03=02.00-0000 6 4.47 acres
and
WHEREAS, the Board and the Town of Vinton, on August 16, 2006, entered an
agreement that sets forth their respective obligations regarding the Properties; and
WHEREAS, Properties in the Vinton Business Park are actively being_ marketed
for economic development purposes; and
WHEREAS, it has been proposed that both the Board of Supervisors and the
Town of Vinton convey their interests in the above properties to the Roanoke County
Economic Development Authority ("EDA") in order to facilitate future conveyance of the
properties to interested purchasers; and
WHEREAS, the Town of Vinton is in agreement with this proposal. However, the
Board and Town desire for their respective obligations under the August 16, 2006
Agreement to remain in full force and effect, despite a potential conveyance of the
Properties to the EDA; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition
and disposition of real estate interests be accomplished by ordinance; the first reading of this
ordinance was held on October 5, 2021, and the second reading and public hearing were held
on October 19, 2021.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that:
4) The County Administrator, or any Assistant County Administrator, is
hereby authorized to execute a deed and take such actions on behalf of Roanoke
County in this matter as are necessary to accomplish the conveyance of the Board's
one-half (1/2) undivided interest in the following real estate in the Vinton Business Park
to the Roanoke County Economic Development Authority, which deed shall be
approved as to form by the County Attorney:
Tax Map No. Lot No. Acreage
071.07-03-01.00-0000 1 12.16 acres
071.07-03-04.00-0000 Detention Lot 11.31 acres
071.11-01-01.00-0000 2 18.53 acres
071.11-01-01.02-0000 4 16.86 acres
071.07-03-03.00-0000 5 8.54 acres
071.07-03-02.00-0000 6 4.47 acres
630 October 19, 2021
5) Pursuant to the provisions of the draft deed, the Board and the Town of Vinton
agree that they conveyance by each of them of their one-half (1/2) undivided
interest in the property to the EDA shall not affect their respective obligations
under their Agreement dated August 16, 2006, concerning the Vinton Business
Center, which Agreement shall remain in full force and effect despite conveyance
of the Property, nor shall it affect any other agreements between them which
relate to the Vinton Business Center.
6) This ordinance is effective upon its adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 101921-6 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- 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 October
19, 2021, designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 2 inclusive, as follows:
1. Designation of voting delegate to the Virginia Association of Counties (VACo)
Conference to be held November 14-16, 2021
2. Request to accept and approve recommended changes to the
Comprehensive Financial Policy
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: , Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
A-101921-6.a
A-101921-6.b
October 19, 2021 631
IN RE: REPORTS
Supervisor Peters moved to receive and file the following reports. The
motion was seconded by Supervisor Hooker 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
September 30, 2021
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of September 30, 2021
5. Accounts Paid —September 30, 2021
At 3:34 p.m., Chairman Peters recessed to the 3rd floor for work sessions.
IN RE: WORK SESSIONS
1. Work session to review with the Board of Supervisors the status
of the County of Roanoke's Capital Improvement Program (CIP)
projects (Laurie Gearheart, Director of Finance and Management
Services)
Ms. Gearheart provided a PowerPoint presentation stating we'll be
providing financial information as well as a brief update on the status of each capital
project, which is required for our comprehensive financial policy.
Supervisor Mahoney asked in regard to the Mt. Pleasant library, what was
the estimate that the water authority gave us to connect the sewer? Doug Blount,
Director of General Services and Parks, Recreation and Tourism responded $75,000,
however, when we went back to the Water Authority to implement the project, they
declined to do the work, citing they could not fit into their work plan. David Henderson,
County Engineer, is working on putting it out to bid.
Supervisor Peters asked with regard to this building, the first question
would be are we planning to stay here? Mr. Blount responded he thinks it is worth
having that discussion. One of the challenges that we have is we're working right now
on trying to address some of the HVAC issues in this building. Minimally it's one and a
half million dollars to do something in this building. And that's going to be a very painful
project because we're not necessarily going to be able to have staff here while we're
running. Additionally, the seals around the windows, the facade. So, a discussion
632 October 19, 2021
needs to take place of how much do we want to invest in this facility. Supervisor Peters
stated the reading he asked is if we are going to stay here, then why would we not look
at something similar? What we did at the social services building, where we take a four
year and maximize the usage of this building and make it, cause we basically just took it
from travelers and we've kind of manipulated it to fit what we want, but you know, if
we're going to stay here, he is not opposed to making the investment in the building to
make it what it needs to be for our county long term. But again, if we're not going to stay
here because of its connection to 419 and we think we should be placed somewhere
else. That is a discussion we need to have, but he just feels like we're putting all things
in this building that if we're going to stay here we need to address it, come up with a
long term plan like the social services did. That was over several years, it was like a
million dollars a floor, best he can remember and they did what they needed to do. And I
think that we need to pause at some point and decide what we're going to do here.
Supervisor.North stated he wanted to ask two questions and piggyback on
what Jason said. Chesterfield County is currently studying 17 buildings to use solar
energy. Schools, as well as county buildings. He does not know what the cost to heat
and cool this building is, but maybe we should do a little study just to see what solar
transitioning or solar might do for this building in terms of savings, that all of our current
cost, never mind the fact that the windows probably need replacing too. Which in and of
itself would probably save money if they were more airtight. So he thinks it's something
that we don't have to do tonight or tomorrow, but thinks it's something we need to be
watching. He would love for it to move to Hollins, but then it'd have to be a new building.
We can't move the building, but this is a great location. He thinks we need to just look at
some things like that to ask ourselves, is that feasible? Mr. Blount outlined we have
maxed out with the electricity in the building. We need to upgrade the power supply,
which will be very expensive. So in the interim period, we need to look at switching to
LED lights.on our floors to reduce the energy consumption. If we want to be able to
increase electricity in other parts of the building for other type of HVAC systems and
stuff. He does not disagree and thinks that you would have to go a four by four
approach for this building because the challenge with the heating and cooling, it's all
from the exterior of the building. It makes it really hard when the building is divided up in
the interior and you're trying to adjust temperatures for one set of folks on the exterior
and the interior folks have totally different conditions 15 feet away..
Richard,Caywood, Assistant County. Administrator, stated he does think
this would be an excellent topic to come back to the Board, discuss in some more detail,
because the cost that you're seeing are just really costs to stay in here with the building
more or less as is. Another challenge is the glass. That's not a forever system. If you
want to replace these glass panels, you have to take out the knee wall around the
windows. So just when you get into the way the facade, these buildings are constructed
we're kind of doing what we can to keep water out, but that's not again a forever fix
either.
October 19, 2021 633
Supervisor North asked if we are still using the software that came with
the facility study with Mr. Blount responding in the affirmative stating it is what actually
drives our CMP list.
Supervisor Radford asked about the signage around Explore Park. Mr.
Blount responded we do have signage repairs as a part of our CMP program. He does
not believe we have charged any of the way finding out at Explore Park back to CMP,
but we are in the process of updating the signs at Explore Park. So, for much of the
way, finding with our trails, with adding the new signage in for the Mountain Bike Skills
Park, and we're updating the signage. All of the kiosks have been updated with the
correct map of all of the different amenities and directions to the different areas have all
been updated. Supervisor Radford asked about the trails with Mr. Blount advising those
have been updated.
Supervisor Hooker asked how often the public bank of computers are
used in the libraries. It seems like every time she goes in the libraries they are still being
used pretty heavily. Mr. Blount advised pretty much all of the time.
Supervisor North asked Chief Hall if they are using electric cars, with Chief
Hall responding he has seen a sporadic report about a police department here or there
trying to do that. He thinks the problem is recharging them. Mr. Blount added the other
challenge that we have with going with the electric vehicles, and even with some of the
hybrid vehicles is usually they're at larger cities where the maintenance takes place, i.e.
Richmond, Charlotte and when there's any type of warranty work that has to be done,
we have to transport the vehicle there. It's one of the reasons why we haven't changed
a whole lot with our solid waste trucks. We don't want to have to be transporting a solid
waste truck to Richmond for any type of warranty work. We did look at an electric solid
waste truck with a grant and after the grant, you would still pay about the same as what
you would for a diesel powered vehicle.
Supervisor Mahoney asked how many garbage trucks do we have with
Mr. Blount responding 14 trucks and three (3) they pull parts off.
Steve Elliott, Budget Manager, outlined that this past spring, budget
worked with GIS to create a capital improvement viewer. Mr. Elliott then walked the
Board through,the interactive map.
Meredith Thompson, reviewed Attachment B, fiscal year 2022-2031
adopted Capital Improvement Program VDOT Transportation Projects.
Supervisor Mahoney inquired as to when the Board anticipates developing
their priorities. Mr. O'Donnell, County Administrator stated it is done at the Board
retreat.
Supervisor Peters commented that in ten (10) years, we get three capital
years. So, you have to do the maintenance. If you're talking about a fourth one year, a
fourth the second year, or a floor one year, the second floor the third ... You got to have
to do things like that along the way. That's why it's good we're using that maintenance
program that we paid for. We might be able to replicate the same process you used for
634 October 19, 2021
the social services building. We started by hiring an A&E firm to do an analysis and say,
"What are our options for renovating and how would you phase it?" And came up with a
ballpark cost estimate that way. Mr. O'Donnell stated in January when staff brings to
the Board, could put study in year one.
Supervisor Radford commented the building needs to be relooked at for
solar; and as he has mentioned before, it would be nice to have our municipal building
in the 419 Town Center one day so it acts as a hub, a really great walk around hub, so
we're really talking our talk. This building, to him, can easily be converted or
redeveloped for something else. And to me, it's a valuable asset. So let's don't sink too
much money into it when we really should use it somewhere else
The work session was held from 3:55 p.m. until 4:49 p.m.
2. Work session to discuss Police Department staffing issues with
the Board of Supervisors (Howard B. Hall, Chief of Police)
Chief Hall provided a PowerPoint presentation. He advised he and
Chairman Peters had a conversation about doing some follow-up in terms of staffing
after the implementation of the pay plan. He will start with the implementation of the
pay plan, then go through where we are in terms of retention, our hiring situation, where
we are currently in terms of staffing and what the implications of that are. Our recruiting
efforts and then finish with some next.steps.
Supervisor Peters asked did the implementation of the pay plan help the
morale of the current officers in the department with Chief Hall responding in the
affirmative. Supervisor Peters asked why they did not do a recruiting bonus with Mr.
O'Donnell responding it would be a negative impact to all other employees. Supervisor
Peters commented he wanted our numbers up.
The work session was held from 4:51 p.m. until 5:43 p.m.
Chairman Peters call the meeting back into session at 7:00 p.m.
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. The petition of the: Economic.Development Authority of Roanoke
County to rezone approximately 30.5 acres from AR
(Agricultural/Residential) District to 1-2 (High, Intensity Industrial)
District, located at 5832 West River Road, Catawba Magisterial
District(Philip Thompson, Director of Planning)
Mr. Thompson provided a PowerPoint presentation and outlined the
request.
October 19, 2021 635
Supervisor Hookers stated this is in the Catawba district and Jill, you can
help us with this commentary, but they're proposing industrial zoning; what is our
percentage of industrial zoning in Roanoke County? Jill Loope, Director of Economic
Development responded less than 1%. Ms. Hooker then inquired about the existing
house, stating it is not historical or do we have any issues with Ms. Loope responding
not that she is aware of. Supervisor Hooker then asked what is unique about this
property versus CRT with Ms. Loope responding this property's very unique because it
has a flat contiguous acreage of 30 acres and the CRT does not have that. The
development cost would be far greater at the CRT than they are on the Ashworth
property. Supervisor Hooker added and they have rail with Ms. Loope confirming the
CRT does not have rail access, so rail users would naturally gravitate to the Ashworth
property.
Supervisor Radford inquired how do you see getting from the smaller tract
to get road access? Ms. Loope responding that would be up to the new buyer end user
to figure out through a site planning process. Supervisor Radford stated so we are
selling it as one piece with Ms. Loope responding it would, be ultimately up to the
Ashworth's, how the tract would work on the sale. This rezoning is the first step in teeing
up a sale to an end user. Supervisor Radford stated the other smaller property looks
like it's got a lot of flood plain issues, but you could probably add some dirt and be
above it and go on with it. Ms. Loope advised some companies have done that, but it's
not likely or probable that that part of the property would be used very readily.
Supervisor Radford asked if sewer and water are near there with Ms. Loope responding
it is, but they would have to extend from Rt. 460, just like the regional jail did.
Supervisor North inquired concerning industrial development asking, has
there been any interest shown by any other businesses in that corridor or have you
heard any contacts from allies at the railroad about property or company's interests
along there in the last few years? Ms. Loope responded we have had a number of
prospects interested in this area of the county for certain types of uses in the last year,
okay? They have not been rail users. However, they periodically do present themselves
as great interest in identifying those properties. But the railroad has this in their
inventory. We have worked with them. We have design plans on the property showing
how rail could get into this site. So it's on their radar screen. We just haven't had a high
demand for rail in recent years. Supervisor North then asked about how far is this site
from other rails served customers today that you know, are served at local industries by
Norfolk Southern? Is this five miles from Salem in those industries with Ms. Loope
responding in the affirmative? Supervisor North stated railroad service wouldn't be a
problem out of the Christiansburg yard then? Ms. Loope stated she did not think so. We
haven't had any issues presented by the railroad that could be a problem. But it's been
looked at over the years for a number of different uses, including rail users in particular,
but it has never been zoned properly to accommodate those uses: We're now trying to
advance the marketability of this site for an industrial user. And I think the Ashworth's,
they are cooperative and ready to take the next step and find a new opportunity.
636 October 19, 2021
Supervisor Mahoney asked what is the regional jail zoned with Mr.
Thompson responding it is principal industrial.
Chairman Peters opened the public hearing and the following citizen
spoke:
Neil Horn of 529 Ingal Blvd. stated, "I'm here on behalf of Harold and
Shirley Horn, who are the landowners of 5647 West River Road. That property consists
of three parcels, which are to the north and Northeast of the Ashworth property. And I'm
tasked to tell you that we do not object to this property being rezoned. The majority of
our property is already 12, and we've been neighbors with the Ashworth's for about 30
some years. And we believe that if rezoning would help them realize the value of their
property, then it's proper. In addition, if there's self-interest there as well, it will
hopefully, and most likely provide value to our property as well. If I'm not mistaken, if the
Ashworth property is rezoned to 12, then all of the properties combined, including the
Horn property would be the largest undivided sections of 12 property in the valley. I think
that includes the county, the city, and the city of Salem. So that was why I came down
here to address you tonight. However I attended the zoning meeting back on October
the fourth. And there was a question I did not hear, I think, a proper answer to. And I will
ask you this question. Why is a governmental entity in this case, the Economic
Development Authority, acting on the behalf of a private citizen to help increase the
value or marketability of their private property when there appears to be no buyer from
the outside? The county is not interested in buying the property, and there appears to
be, as I said, no future buyer for this, or no specific plans for the use of this property? At
that hearing, it appears that there is some precedent in the past for the EDA to assist
private property owners. But that is very rare, and I would put it to you that there needs
to be an answer as to why a governmental entity is acting in this capacity. And it should
be a pretty extraordinary answer since this is such a rare thing. And with that, I'll
conclude my remarks."
Chairman Peters closed the public hearing.
Supervisor Hooker asked Ms. Loope to explain the EDA involvement and
the process that's been pursued in this rezoning. Ms. Loope stated it is within the Code
of Virginia, that EDAs are empowered by law to rezone, own, acquire, and develop
property. The Roanoke County Economic Development Authority hasn't done a lot of
that in the past, but we have in the past supported that development in this way. With
regard to why we're doing, the process that we undertook to consider this, I've..been with
the county 21 years. We have been.working with the Ashworth for at least that long,
maybe 15 years, to market their property for industrial development. As we do with all
property owners, we try to identify where there's available, land, large tracts of land. How
can we get them to a higher level of readiness and eliminate barriers to development.
Over the years, we've had a few we thought might come close to landing on the
Ashworth property, but the contracts fell through because of complexities and perceived
barriers, and real barriers to development, including zoning. About two years ago, we
worked with the Roanoke Regional Partnership. We hired Balzar and Associates to do a
October 19, 2021 637
preliminary study, to see what kind of maximum yield we can get on these properties.
And that's some of the drawings that you saw tonight that Mr. Thompson presented. And
that's because of demand. We've had a lot of interest being shown in this region, in this
market. And we have not been able to fulfill the demand. We have not been able to
respond to the prospect's interest in the county. So we felt like we needed to take some
action. We needed to move forward. We needed to use the powers of the Authority to
work together with the Ashworth's as we would any property owner, if the time was right.
ORDINANCE 101921-7 REZONING . APPROXIMATELY 30.5
ACRES FROM AR (AGRICULTURAURESIDENTIAL) DISTRICT
TO 1-2 (HIGH INTENSITY INDUSTRIAL) DISTRICT, LOCATED AT
5832 WEST RIVER ROAD, CATAWBA MAGISTERIAL DISTRICT
(TAX MAP NO. 073.00-01-02.00-0000)
WHEREAS, the Economic Development Authority of Roanoke County is
requesting to rezone approximately 30.5 acres, located at 5832 West River Road,
Catawba Magisterial District, from AR (Agricultural/Residential) District to 1-2 (High
Intensity Industrial) District; and
WHEREAS, the property is currently owned by the Ashworth Family Irrevocable
Income Only Trust, and the Trustee of the Ashworth Family Irrevocable Income Only
Trust signed and otherwise approved the rezoning petition of the Economic
Development Authority of Roanoke County; and
WHEREAS, the first reading of this ordinance was held on September 21, 2021,
and the second reading and public hearing were held on October 19, 2021; and
WHEREAS,the Roanoke County Planning Commission held a public hearing on
this matter on October 4, 2021; and
WHEREAS, the Planning Commission recommends approval of the petition as
requested; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The petition of the Economic Development Authority of Roanoke County
to rezone approximately 30.5 acres, located at 5832 West River Road,
Catawba Magisterial District, from AR (Agricultural/Residential) District to
1-2 (High Intensity Industrial) District is approved.
2. The Board finds that the proposed rezoning request is consistent with the
Future Land Use Designation of "Principal Industrial", is otherwise good
zoning practice, and will not result in substantial detriment to the
community.
3. This ordinance shall be in full force and effect thirty (30) days after its final
passage. The Zoning Administrator is directed to amend the zoning district
638 October 19, 2021
map to reflect the change in zoning classification authorized by this
ordinance.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Hooker commented last Tuesday several of us attended the
Fralin Biomedical facility ribbon cutting, and it was an amazing facility, enjoyed the tour.
We appreciate all that Carillon and Virginia tech does for our region. And then the
second item is that there's the next Glenvar Community meeting for the 200 plan
community meeting is November 8th at Fort Lewis Elementary School from 4:00 to 8:00
PM. And I'll look forward to seeing people there.
Supervisor North stated the Board attended an open house at the Burton
Career and Technical Center to show the public and the schools, how more supervisors
supports our schools, and their efforts to grow the Burton Career and Technical school.
There was over 400 students that night that attended that are rising juniors, and their
parents were there too. There certainly are a lot of programs that offer to teach young
children in school today many trades. So the moral on that is the school committee
continues their study on the Burton Career and Technical School on October 12th,
attended the grand opening along with supervisors Hooker and Mahoney. He also
attended the Fralin Biomedical Research Institute ribbon cutting, the facility founded in
2010, has 37 faculty led research teams, and with each research team brings in a
support staff. So the economic impact is felt throughout the region of new people
moving to the area to live, work and play. They have over 400 employees there and a
projected annual economic impact,which he is big on numbers about economic impact,
by 2026 or $450 million in this area. So even though they're located into our neighbors
next door to the city, people live and spend money all around this area. They come in to
visit and to work there. So the reasonable impact is absolutely appreciated.
Supervisor Radford stated on October 11th at the Brambleton Center, we
had the Roanoke County 200 Plan come to the Brambleton Center and the staff did a
great job. We celebrated somebody's birthday with cupcakes there. He thought it was a
good turnout. He got to talk to several of the Windsor Hills residents. Also, this past
Monday, October 18th, we opened the Brambleton Center for early voting. So if any of
my constituents from Windsor Hills, but also Cave Spring and Catawba, if they feel like
the need to come to a closer place, we have that open for you too. And I'll let our
chairman tell us about the next Windsor Hills community run County 200 plan meetings.
October 19, 2021 639
Supervisor Mahoney commented all Board members have been busy
over the past 2 weeks. We've had a lot of very exciting activities over the past two
weeks. Number one, as both Supervisor Hooker and North talked about, he had the
distinct pleasure of attending the Fralin Biomedical Research Institute grand opening,
but what really impressed me, and he brought a copy of the information they had given
us, a young student by the name of Rashana Devon. Rashana was one of the six
speakers. She is a fifth year student. She is going to be getting her PhD in neuroscience
this school year, maybe this end of May or June of 22. But she happened to be one of
the people on the tour that several of us were on as they took us through the facility and
showed us the different laboratories and facilities, just an amazing young woman. It is
just an example of how exciting this scientific breakthrough is, for our region. With
Supervisor North, he had an opportunity to meet Mike Stewart, the new Executive
Director of the airport; very impressive. He did not want to steal the thunder of Rebecca
Owens. She'll probably give us an update, maybe in the next couple meetings, when the
final financial-audit from the Western Virginia Jail Authority is present in. He can report
to the board that jail authority looks in pretty good shape. So far things are looking good.
He attended two of the comprehensive plan meetings, one at Clearbrook, which
unfortunately was sparsely attended and then yesterday at South County.Library for the
Cave Spring one. Mr. Thompson indicated that we had what 53 citizens attend, which
was great. Philip does an excellent job giving us summaries of what citizens talk about
at these meetings. But at least with respect to the citizens who spoke to me; I heard
maybe three messages. One is a lot of citizens want County recycling, which we talked
about in the past. The second, he was surprised citizens spoke to me. They had been
following our meetings and when we talked about, thinks one of our last meetings, the
year-end carryover that we had, they disagreed with what he wanted to do, which was
provide some kind of rebate, or refund to our citizens. These citizens indicated, no. they
wanted to,use those funds to meet some of the unfulfilled or unmet need that the county
has identified. Finally, a lot of citizens were very, very, very happy with a lot of the
transportation projects. He thinks the only area of concern that they expressed was
concerns with respect to Route 220 as you head south towards Franklin County from
the 419 intersection. They, they had some questions and some trepidation about, would
that really work? Last, he wanted to echo what Supervisor Radford indicated. He and
his wife the Brambleton Center yesterday. We voted, and it appears that the folks there
have everything in order. It moved very smoothly, everything worked great. So please,
citizens, voting is critical to the foundation of our Republic, and please vote, whatever
side you want to vote for.
Supervisor Peters commented our work sessions are not televised, but
wanted to talk about the last work session we had with our County police chief. We
have nine vacancies currently in our police department. As a Board, he thinks we want
to continue to echo our support for our police, fire and rescue, all our public safety. As
he has stated a number of times here, if you don't have a safe community, you have
nothing. We're thankful for our police department and what they do for us and does
640 October 19, 2021
I
appreciate Chief Hall giving us those updates on where the police department stands.
He noted with regard to the Roanoke County 200, there will be two more meetings in
the next couple weeks. They are each from 4:00 to 8:00 PM. The next two will be on
October the 28th at Back Creek Elementary and on November the fourth at Bent
Mountain Community Center, He echoes what Mr. Mahoney just said, our voting is open
at the Brambleton center and in Vinton. So we encourage all of our citizens to get out
and vote. And then lastly, he will not be at our next meeting and he will be turning it over
to Mr. Radford. He has to go back for test and treatment at John's Hopkins. He
appreciates your thoughts and prayers as he starts down this road again, but Mr.
Radford will be taking care of us at the next meeting and he will be watching.
IN RE: ADJOURNMENT
Supervisor Peters adjourned the meeting at 7:34 p.m.
Sub/'led by: Approved by:
4,/ / A 101/1 '( - 1‘0\:2W-
/De: • ah C. :ck f Paul M. Mahoney
Chief Deputy Cler to the Board Chairman