HomeMy WebLinkAbout9/28/2022 - Adopted Board Records
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, WEDNESDAY, SEPTEMBER 28, 2022
RESOLUTION 092822-1 ADOPTING LEGISLATIVE PRIORITIES FOR
THE 2023 SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND
PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER
THE PRIORITIES ADDRESSED HEREIN
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified
legislative priorities of local and statewide concern to be considered during the 2023
session of the Virginia General Assembly; and
WHEREAS, the Board adopts this resolution setting forth its legislative priorities,
and respectfully petitions the General Assembly to favorably consider such.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the following priorities are submitted for the General Assembly’s
consideration during its 2023 session.
PRIORITIES
1. Education K-12 Funding
a. The County supports making additional State resources and funding
available to localities to support school capital needs, including
rehabilitation and upgrades to existing facilities as well as construction of
new facilities.
b. The County urges the General Assembly to authorize and providecapital
grant funding for fiscal year 2024 (which funding is presently authorized only
for fiscal year 2023).
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c.The County urges the General Assembly to provide economic development
workforce grants that could be used to fund career and technical education
capital projects.
2. Mental Health and Public Hospital Needs
a. The County urges the General Assembly to use available funds to continue
the operation and expansion of Catawba Hospital.
3. Airport Expansion
a. The County supports legislation that would provide funding for the
expansion of airports, to foster regional economic development.
b. The County specifically urges the General Assembly to provide funding for
the Roanoke-Blacksburg Regional Airport, to support a needed runway
extension and other airport improvements.
4. Authority to Impose Civil Penalties
a. At present, § 15.2-1429 of the Code of Virginia authorizes localities to
impose criminal penalties for violations of local codes; civil penalties are not
universally authorized. The County proposes that § 15.2-1429 be amended
(or that the Code of Virginia otherwise be amended) to allow localities the
option to impose civil penalties for violations of local codes, in lieu of criminal
penalties. The County further proposes that localities be granted authority
to issue civil summonses for such violations, that violators be allowed to
prepay such penalties in lieu of holding a trial, and that localities further be
authorized to impose liens on the real property of violators who fail to pay
such fines or penalties.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON WEDNESDAY, SEPTEMBER 28, 2022
RESOLUTION 092822-2REQUESTING THE U.S. DEPARTMENT OF
TRANSPORTATION FEDERAL RAILROAD ADMINISTRATION FUND A
PLANNING GRANT THROUGH THE RAILROAD CROSSING
ELIMINATION GRANT PROGRAM IN THE BONSACK AREA, VINTON
MAGISTERIAL DISTRICT
WHEREAS, the Roanoke County Board of Supervisors is committed to
advocating for
and ensuring safe transportation facilities both in the County and in
the region; and
WHEREAS, the Bipartisan Infrastructure Law funded the Railroad Crossing
Elimination Grant Program to enhance safety on railroads by eliminating at-grade
crossings, therefore reducing the risk of interaction between trains and roadway users;
and
WHEREAS, conceptual analysis of two railroad crossings in the Bonsack area has
as part of the Route 460 Land Use and Connectivity Study; and
been completed
WHEREAS, a Planning Grant through this program focusing on the Bonsack area
would enable planning, environmental review and design of an eligible project for future
Railroad Crossing Elimination Grant Program application opportunities.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Roanoke County Board of Supervisors requests the U.S.
Department of Transportation Federal Railroad Administration fund a Planning Grant
through the Railroad Crossing Elimination Grant Program.
2. That the Roanoke County Board of Supervisors hereby commits to provide
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, WEDNESDAY, SEPTEMBER 28, 2022
RESOLUTION 092822-3 ADOPTING AN AMENDMENTTO THE
COMPREHENSIVE PLAN FOR ROANOKE COUNTY, VIRGINIA:
AMENDING THE 419 TOWN CENTER PLAN BY INCORPORATING
THE 419 TOWN CENTER DESIGN GUIDELINES (DATED JUNE 2022)
WHEREAS, Virginia Code § 15.2-2223 requires that every jurisdiction adopt a
comprehensive plan for the physical development of that jurisdiction; and
WHEREAS, Virginia Code § 15.2-2230 requires that the Planning Commission
review the comprehensive plan at least once every five (5) years to determine whether it
is advisable to amend the plan; and
WHEREAS, it isproposed that the Comprehensive Plan be amended to
incorporate the 419 Town Center Design Guidelines (dated June 2022) into the 419
Town Center Plan, which is a component of the Comprehensive Plan; and
WHEREAS, the Planning Commission held a public hearing on the proposed
amendment to the Comprehensive Plan on September 6, 2022, after providing notice as
required byVirginia Code § 15.2-2225; and
WHEREAS, the Planning Commission recommends that the Board of
Supervisors amend the Comprehensive Plan to incorporate the 419 Town Center
Design Guidelines (dated June 2022) into the 419 Town Center Plan, which is a
component of the Comprehensive Plan.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
Roanoke County, Virginia, as follows:
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, ON WEDNESDAY, SEPTEMBER 28, 2022
ORDINANCE 092822-4 ACCEPTING AND APPROPRIATING
TRANSPORTATION ALTERNATIVES SET-ASIDE PROGRAM GRANT
FUNDS IN FISCAL YEARS 2023 AND 2024 IN THE AMOUNT OF
$651,375 FOR THE GLADE CREEK GREENWAY IN VINYARD PARK
WEST INTHE VINTON MAGISTERIAL DISTRICT AND IN THE TOWN
OF VINTON
WHEREAS, the federal Fixing America's Surface Transportation Act (FAST Act)
was enacted in 2015 and provides a set-aside of Surface Transportation Block Grant
(STBG) Program funding for Transportation Alternatives; and
WHEREAS, the proposed Glade Creek Greenway in Vinyard Park West meets
the goals of the Transportation Alternatives Set-Aside (TA) Program by providing a
pedestrian and bicycle facility that will expand non-motorized travel choices, strengthen
the local economy, improve quality of life and protect the environment; and
WHEREAS, the Glade Creek Greenway is included in the 2018 Roanoke Valley
Greenway Plan, which was adopted by the Board of Supervisors on September 25,
2018,as an amendment to the Comprehensive Plan; and
WHEREAS, on September 21, 2021, the Roanoke County Board of Supervisors
held a public hearing and endorsed a resolution supporting the TA Program application;
and
WHEREAS, on September 23, 2021, the Roanoke Valley Transportation
Planning Organization (RVTPO) endorsed the TA Program application; and
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WHEREAS, on October 1, 2021, theCounty of Roanoke submittedan
application to the Virginia Department of Transportation (VDOT)for Fiscal Year 2023
and 2024TA Program funds for the Glade Creek Greenway in Vinyard Park West; and
WHEREAS, the Commonwealth Transportation Board approved the selection of
TA Program projects on June 21, 2022, through adoption of the Fiscal Year 2023-28
Six-Year Improvement Program in accordance with §33.2-221 of the Code of Virginia;
and
WHEREAS, the VDOT awarded eighty percent (80%) TA Program grantfunds to
Roanoke County in the amount of $521,100; and
WHEREAS, the TA Program requires twenty percent (20%) matching funds from
Roanoke County in the amount of $130,275, which may be in the form of cash, private
contributions, donations of goods and services and land value;and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, the first reading of this ordinance was held on September 13, 2022,
and the second reading was held on September 28, 2022.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia as follows:
1. The Board accepts TA Program grant funding in the amount of $521,100
and appropriates such funds to the grant fund for the construction of the
Glade Creek Greenway in Vinyard Park West; and
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2.The Board further appropriates the“local match” amountof $130,275to the
grant fund (such amount having been previously designated for use in the
fiscal year 2023 Capital Improvement Program); and
3. That Board acknowledges that the County will be responsible for
maintenance, upkeep and operating costs of any facility constructed with TA
Program funds, unless other arrangements have been made with the VDOT;
and
4. That appropriations designated for the Glade Creek Greenway project will
not lapse at the end of the fiscal year but shall remain appropriated until the
completion of the project; and
5. That if Roanoke County subsequently elects to cancel this project, the Board
acknowledges that it will be required to reimburse VDOT for the total amount
of costs expended by VDOT up until the date VDOT is notified of such
cancellation. Roanoke County also acknowledges that it will be required to
repay any funds previously reimbursed that are later deemed ineligible by
the Federal Highway Administration; and
6. That the County Administrator, Deputy County Administrator, or Assistant
County Administrator are hereby authorized to execute such documents and
to take such actions on behalf of Roanoke County in this matter as are
necessary to accomplish this appropriation.
7. That this ordinance shall take effect from and after the date of adoption.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON WEDNESDAY, SEPTEMBER 28, 2022
ORDINANCE 092822-6AMENDING CHAPTER 13 (OFFENSES –
MISCELLANEOUS), ARTICLE I (IN GENERAL), SECTION 13-5.5
(URBAN ARCHERY HUNTING SEASON) OF THE ROANOKE COUNTY
CODE
WHEREAS, Section 13-5.5 of the Roanoke County Code regulates certain conduct
while archery hunting deer during the County’s archery season; and
WHEREAS, Section 13-5.5(4) includes definitions for bows and arrows that may
be used while archery hunting in Roanoke County, and specifically includes the following
as the definition for “bow”: “all compound bows, crossbows, longbows and recurve bows
that have a peak draw of less than ten (10) pounds or that are designed or intended to be
used principally as toys”; and
WHEREAS, the Virginia Code defines “bow” as “all compound bows, crossbows,
slingbows, longbows, and recurve bows having a peak draw weight of 10 pounds or
more”; and
WHEREAS, the County Code seems to have intended to mirror the Virginia Code,
but instead erroneously allows hunting with “toy” bows instead of prohibiting such; and
WHEREAS, the County Code needs to be amended in order for the County’s
definition of “bow” to be identical to the definition included in the Virginia Code as it relates
to archery hunting; and
WHEREAS, the County Code also needs to be amended in order to reflect the
change in the Virginia state regulatory agency for urban archery hunting, namely from the
Virginia Department of Game and Inland Fisheries to the Virginia Department of Wildlife
Resources; and
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WHEREAS, the first reading of this ordinance was held on September 13, 2022,
and the second reading and public hearing of this ordinance was held on September 28,
2022.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors:
1. That Chapter 13 (Offenses Miscellaneous), Article I (In General), Section 13-5.5
(Urban archery hunting season) of the Roanoke County Code is hereby amended
as follows (all portions of Section 13-5.5 not specifically amended or deleted below
shall remain without amendment):
Sec. 13-5.5. Urban archery hunting season.
Archery deer hunting is permitted within the county limits by licensed hunters during
an approved state Department of Wildlife Resources urban archery season. In addition
to the urban archery season, archery deer hunting is also allowed during the early archery
deer season, the general firearms deer season, and the late archery deer season.
Licensed archery deer hunters must abide by all applicable sections of the state code and
state hunting regulations (including bag limits and tagging/checking requirements). It shall
be unlawful and a Class 4 misdemeanor for any person, while hunting deer during the
county's archery season, to violate anyof the following additional county restrictions:
(1) Any person discharging a bow shall, at all times, while engaged in such activity,
have in his possession written permission from the landowner(s) to discharge
such a weapon on his premises.
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ACTION NO. A-092822-7.a
ITEM NO. L.2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: September 28, 2022
AGENDA ITEM: Request to participate in the Virginia Department of
Emergency Management multi-jurisdictional Public Safety
Answering Point (PSAP) Educational Grant
SUBMITTED BY:Susan Slough
Assistant Director of Communications
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
To approve the participation in the multi-jurisdictional grant, which will allow multiple
jurisdictions the opportunity for additional training
BACKGROUND:
The PSAP Grant Program will financially assist primary PSAPs through funding for 9-1-
1 and GIS education and training. Funding is made available through the
Commonwealth of Virginia and administered by the Board of the Virginia Department of
Emergency Management. Funding is limited to those projects that fall within the
programmatic areas identified in the guidelines.
DISCUSSION:
This will be the first year Roanoke County E911 will participate in this multi-jurisdictional
grant. This grant will help to offer additional training to staff.
FISCAL IMPACT:
Bedford County will be the fiduciary agent. No matchingfunds are required.
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STAFF RECOMMENDATION:
Staff recommends approval of participation.
VOTE:
Supervisor Peters moved to approve participation. Supervisor Hooker seconded the
motion. Motion approved.
YesNo Absent
Mr. Peters
Ms. Hooker
Mr. North
Mr. Radford
Mr. Mahoney
cc: Susan Slough, Assistant Director of Communications
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON WEDNESDAY, SEPTEMBER 28, 2022
RESOLUTION 092822-7.b AMENDING THE BOARD’S WRITTEN
POLICY FOR PARTICIPATION IN BOARD OF SUPERVISOR MEETINGS
THROUGH ELECTRONIC COMMUNICATION
WHEREAS, Virginia Code § 2.2-3708 allows members of local governing bodies
to participate in meetings through electronic communication means from remote locations
in certain situations; and
WHEREAS, the Board, in 2017, adopted a resolution setting forth a policy for
participation in Board of Supervisor meetings through electronic communication,
consistent with § 2.2-3708; and
WHEREAS, since adoption of the policy in 2017, the Virginia General Assembly
has amended the Code of Virginia in order to provide additional situations in which
members of local governing bodies may participate in meetings through electronic
communications; and
WHEREAS, it is proposed that the Board amend its prior policy to embrace the
additional authority granted by the Virginia General Assembly.
NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County,that the resolution, establishing a written policy for participation in Board of
Supervisor meetings through electronic communication, adopted June 6, 2027, is hereby
rescinded and superseded by the following policy for remote participation, which is today
adopted and effective:
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1.AUTHORITY AND SCOPE
a. This policy is adopted pursuant to authorization of Va. Code § 2.2-3708.3
and is to be strictly construed in conformance with the Virginia Freedom of
Information Act (FOIA), Va. Code §§ 2.2-3700-3715.
b. This policy shall not govern an electronic meeting conducted to address a
state of emergency declared by the Governor of Virginia or the Board of
Supervisors. Any meeting conducted by electronic communication means
under such circumstances shall be governed by the provisions of Va. § 2.2-
3708.2. This policy also does not apply to an all-virtual public meeting.
2. DEFINITIONS
a. “Board” means the Board of Supervisors of Roanoke County, Virginia.
b. “Member” means any member of the Board.
c. “Remote participation” means participation by an individual member of the
Board by electronic communication means in a public meeting where a
quorum of the Board is physically assembled, as defined by Va. Code § 2.2-
3701.
d.“Meeting” means a meeting as defined by Va. Code § 2.2-3701.
e.“Notify” or “notifies,” for purposes of this policy, means written notice, such
as email or letter. Notice does not include text messages or communications
via social media.
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3.MANDATORY REQUIREMENTS
Regardless of the reasons why the member is participating in a meeting from a
remote location by electronic communication means, the following conditions must
be met for the member to participate remotely:
a. A quorum of the Board must be physically assembled at the primary or
central meeting location; and
b. Arrangements have been made for the voice of the remotely participating
member to be heard by all persons at the primary or central meeting
location. If at any point during the meeting the voice of the remotely
participating memberis no longer able to be heard by all persons at the
meeting location, the remotely participating member shall no longer be
permitted to participate remotely.
4. PROCESS TO REQUEST REMOTE PARTICIPATION
a. On or before the day of the meeting, and at any point before the meeting
begins, the requesting member must notify the Board Chair (or the Vice-
Chair if the requesting member is the Chair) that they are unable to
physically attend a meeting due to (i) a temporary or permanent disability or
another medical condition that prevents the member’s physical attendance,
(ii) a family member’s medical condition that requires the member to provide
care for such family member, thereby preventing the members’ physical
attendance, (iii) their principal residence locationismore than 60 miles from
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the meeting location, or (iv) a personal matter,and identifies with specificity
the nature of the personal matter.
b. The requesting member shall also notify the County Administrator and Chief
Deputy Clerk to the Board of his or her request, but failure to do so shall not
affect the member’s ability to remotely participate.
c. If the requesting member is unable to physically attend the meeting due to
a personal matter, the requesting member must state with specificity the
nature of the personal matter. Remote participation due to a personal matter
is limited each calendar year to two meetings or 25 percent of the meetings
held per calendar year rounded up to the next whole number, whichever is
greater. There is no limit to the number of times that a member may
participate remotely for the other authorized purposes listed in (i) though (iii)
above.
d. The requesting member is not obligated to provide independent verification
regarding the reason for his or her nonattendance, including the temporary
or permanent disability or other medical condition or the family member’s
medical condition that prevents the member’s physical attendance at the
meeting.
e. The Chair (or the Vice Chair if the requesting member is the Chair) shall
promptly notify the requesting member whether their request is in
conformance with this policy, and therefore approved or disapproved.
5. PROCESS TO CONFIRM APPROVAL OR DISAPPROVAL OF PARTICIPATION
FROM A REMOTE LOCATION
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When a quorum of the Board has assembled for the meeting, the Board shall vote
to determine whether:
a. The Chair’s decision to approve or disapprove the requesting member’s
request to participate from a remote location was in conformance with this
policy; and
b. The voice of the remotely participating member can be heard by all persons
at the primary or central meeting location.
6. RECORDING IN MINUTES
a. If the member is allowed to participate remotely due to a temporary or
permanent disability or other medical condition, a family member’s medical
condition that requires the member to provide care to the family member, or
because the member’s principal residence is located more than 60 miles
from the meeting location, the Board shall record in its minutes (1) the
Board’s approval of the member’s remote participation; and (2) a general
description of the remote location from which the member participated.
b.If the member is allowed to participate remotely due to a personal matter,
such matter shall be cited in the minutes with specificity, as well as how
many times the member has attended remotely due to a personal matter,
and a general description of the remote location from which the member
participated.
c.If a member’s request to participate remotely is disapproved, the
disapproval, including the grounds upon which the requested participation
violates this policy or FOIA, shall be recorded in the minutes with specificity.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON WEDNESDAY, SEPTEMBER 28, 2022
ORDINANCE 092822-8REZONING APPROXIMATELY 32.323 ACRES
FROM R-1 (LOW DENSITY RESIDENTIAL) DISTRICT TO C-2 (HIGH
INTENSITY COMMERCIAL) DISTRICT AND R-3 (MEDIUM DENSITY
MULTI-FAMILY RESIDENTIAL) DISTRICT IN ORDER TO CONSTRUCT
A HOTEL AND TOWNHOUSES LOCATED IN THE 1300 AND 1400
BLOCKS OF EDGEBROOK ROAD, IN THE CATAWBA MAGISTERIAL
DISTRICT (TAX MAP NO: 035.04-02-33.00-0000)
WHEREAS,ABoone Real Estate, Inc. is requesting to rezone approximately
32.323 acres from R-1 (Low Density Residential) District to C-2 (High Intensity
Commercial) District and R-3 (Medium Density Multi-Family Residential) District in order
to construct a hotel and townhouses located in the 1300 and 1400 blocks of Edgebrook
Road, Catawba Magisterial District (Tax Map No: 035.04-02-33.00-0000); and
WHEREAS, the first reading of this ordinance was held on August 23, 2022, and
the second reading and public hearing were held on September 28, 2022; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on September 6, 2022; and
WHEREAS, the Planning Commission recommends approval of the petition with
certain proffered conditions, 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 ABoone Real Estate, Inc. to rezone approximately 32.323
acres from R-1 (Low Density Residential) District to C-2 (High Intensity
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Commercial) District and R-3 (Medium Density Multi-Family Residential)
District is approved, with the following proffered conditions:
a. The site shall be developed in substantial conformance with the
“Edgebrook Park – Development Plan” Exhibit A and Exhibit B
prepared by Balzer and Associates, Inc. dated July 8, 2022 subject
to any changes required by the County of Roanoke, Virginia
Department of Transportation, or Western Virginia Water Authority
during the site plan review process.
b. A maximum of 80 townhomes shall be constructed with this request.
c.The allowable use for the commercial parcel shall be a hotel.
d. The proposed hotel shall be a maximum of four (4) stories in height.
2. The Board finds that the proposed rezoning of approximately 32.323 acres
is substantially consistent with the purpose and intent of the County’s
adopted comprehensive plan.
3. The Board further finds that the proposed rezoning of approximately 32.323
acres is consistent with good zoning practice, and will not result in
substantial detriment to the community.
4. 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
map to reflect the change in zoning classification authorized by this
ordinance.
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