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HomeMy WebLinkAbout7/26/2022 - Regular July 26, 2022 721 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 July 2022. 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 Mahoney called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Paul M. Mahoney; Supervisors Martha B. Hooker, Phil C. North, P. Jason Peters and David F. Radford MEMBERS ABSENT: None STAFF PRESENT: Richard L. Caywood, County Administrator; Rebecca Owens, Deputy County Administrator; Doug Blount, 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: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Lubeck added two closed sessions, pursuant to Code of Virginia Section 2.2-3711(A) (1) to discuss the performance of specific members of the Roanoke County Fire and Rescue Department; and Code of Virginia section 2.2-3711(A)(7) — to consult with legal counsel regarding probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. Legal counsel has a reasonable basis to believe that litigation may be commenced against the County by a known party. There were no objections. 722 July 26, 2022 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing gratitude to Susan R. Rowland, MPA, for over eleven (11) years of service to Roanoke County as a legislative liaison, and congratulating her upon her retirement (Peter S. Lubeck, County Attorney) The resolution was read. All Supervisors offered their thanks and congratulations. RESOLUTION 072622-1 EXPRESSING GRATITUDE TO SUSAN R. ROWLAND, MPA, FOR OVER ELEVEN YEARS OF SERVICE TO ROANOKE COUNTY AS A LEGISLATIVE LIAISON, AND CONGRATULATING HER UPON HER RETIREMENT WHEREAS, prior to forming SR Consulting, Inc. in April 2002, Susan R. Rowland, MPA, led the Northern Virginia Regional Commission's Human Services Department, served as a Special Assistant to the State's Health Commissioner, and served as Executive Director to a non-profit health care services agency; and WHEREAS, since 2011, Ms. Rowland has served Roanoke County, along with Eldon James and Associates, as a private consultant and legislative liaison to the Virginia General Assembly; and WHEREAS, over her many years of service, Ms. Rowland has expertly consulted with Roanoke County Officials regarding human services interests, and has effectively advocated on Roanoke County's behalf before the Virginia General Assembly; and WHEREAS, Ms. Rowland is now retiring after more than eleven (11) years of service to Roanoke County. NOW, THEREFORE, BE IT RESOVLED by the Board of Supervisors of Roanoke County, that the Board expresses its sincere gratitude to Ms. Rowland for her expert and effective service as a legislative liaison, and congratulates her upon her retirement. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None IN RE: BRIEFINGS 1. Briefing to update the Board of Supervisors on Roanoke County's Legislative Program and the 2022 General Assembly (Peter S. Lubeck, County Attorney; Eldon James, Eldon James & Associates) July 26, 2022 723 Briefing was given; Mr. James provided a PowerPoint presentation. Supervisor North commented it is unusual to have a big surpluses, so there is going to be lots of needs. We should try and advocate for school construction to be funded for fiscal year 2024. IN RE: NEW BUSINESS 1. Resolution amending the fiscal year 2022-2023 Operating Budget for Roanoke County and the fiscal year 2022-2023 Operating and Capital Budgets for Roanoke County Public Schools (Laurie Gearheart, Director of Finance and Management Services) Ms. Gearheart outlined the request for resolution. There was no discussion. RESOLUTION 072622-2 AMENDING THE FISCAL YEAR 2022- 2023 OPERATING BUDGET FOR ROANOKE COUNTY AND THE FISCAL YEAR 2022-2023 OPERATING AND CAPITAL BUDGETS FOR ROANOKE COUNTY PUBLIC SCHOOLS WHEREAS, the County Administrator proposed the fiscal year 2022-2023 operating budget on March 8, 2022; and WHEREAS, the proposed original fiscal year 2022-2023 operating budget was adopted by the Board, by Resolution 051022-3, on May 10, 2022; and WHEREAS, ongoing discussions in the General Assembly were not resolved until June 21, 2022, and therefore delayed the adoption of the State budget; and WHEREAS, as a result of the provisions of the now-adopted biannual State budget, it is proposed that Roanoke County's 2022-2023 Operating Budget be amended and increased by $2,528,236, Roanoke County Public School's Operating Budget be amended and increased by $2,630,309, and the Roanoke County Public Schools Capital Budget be amended and increased by $4,887,221; and WHEREAS, as a result of the provision of the now-adopted biannual State budget, the state will distribute American Rescue Plan Act (ARPA) funds to local school systems, and it is proposed the Roanoke County Public School's Grant Budget be amended and increased by$1,400,967.87; and WHEREAS, the first reading of an ordinance to amend the Roanoke County, Virginia budget was held on July 12, 2022, and the second reading was held on July 26, 2022; and WHEREAS, due to the emergency nature, ordinances were adopted with one reading with a four-fifths vote of the Board to amend the Roanoke County Public Schools operating, capital and grant budgets on July 26, 2022. 724 July 26, 2022 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. The Roanoke County, Virginia fiscal year 2022-2023 budget for operating revenues and expenditures is amended and increased by the amount of $2,528,236. 2. The Roanoke County Public Schools fiscal year 2022-2023 budget for operating revenues and expenditures is amended and increased by the amount of$2,630,309. 3. The Roanoke County Public Schools fiscal year 2022-2023 budget for capital revenues and expenditures is amended and increased by the amount of$4,887,221. 4. The Roanoke County Public Schools fiscal year 2022-2023 budget for grant revenues and expenditures is amended and increased by the amount of$1,400,967.87. 5. This resolution shall take effect from and after the date of adoption. On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None 2. Resolution supporting SMART SCALE applications by Roanoke County, the Roanoke Valley Transportation Planning Organization, the Roanoke Valley Alleghany Regional Commission and the City of Roanoke (Megan G. Cronise, Assistant Director of Planning) Ms. Cronise provided a PowerPoint presentation. Supervisor North commented January—June 2023 is when CTB decides if this projects are going to to work. He added Dr. Smoot went on a recent tour of recent transportation projects. Supervisor North then inquired about the Rt. 220 traffic study, with Ms. Cronise advising that project was supposed to be under construction in 2024. We really want to do that project with the diverging diamond hopefully will be under construction at the same time. Supervisor Hooker noted there is a lot of money coming in and helping Roanoke County and our transportation needs. She noted there was some greenway work and knows we are needing some for the Green Hill Park to Salem need some additional funding and was wondering if they could have some of those funds. Ms. Cronise responded staff would take a look at because there are ways if a project is over budget we can request money from Smart Scale. The other issue being Dow Hollow and asked staff to keep looking at that to try again. July 26, 2022 725 Supervisor Mahoney commented that he wanted to make sure the resolution was sent to the Mayor of Roanoke City and the City of Salem. RESOLUTION 072622-3 SUPPORTING SMART SCALE APPLICATIONS . BY ROANOKE COUNTY, THE ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION, THE ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION AND THE CITY.OF ROANOKE WHEREAS, at a regular meeting on July 26, 2022, the Board of Supervisors reviewed proposed SMART SCALE project applications; and WHEREAS, the list of projects includes applications to be submitted by Roanoke County, the Roanoke Valley Transportation Planning Organization, the Roanoke Valley- Alleghany Regional Commission and the City of Roanoke; and WHEREAS, the Board of Supervisors desires to support both local and regional projects to mitigate congestion, promote economic development, increase accessibility, safety, and environmental quality, as well as develop projects consistent with local land use policies; and WHEREAS, the Board of Supervisors particularly wants to support all proposed SMART SCALE projects located on congested Route 460 (Orange Avenue and Challenger Avenue), a Corridor of Statewide Significance that has been the subject of two Virginia Department of Transportation (VDOT) studies in the past five years: the U.S. 460 Arterial Preservation Program (APP) and the Strategically Targeted Affordable Roadway Solutions (STARS) Program. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors hereby supports the following SMART SCALE projects for Roanoke County application: a. 1-581 at Exit 2 Interchange Improvements, Phase 1 b. Route 419 Safety Improvements, Grandin Road Extension to Keagy Road (North) c. Walrond Drive Pedestrian Improvements d. East Roanoke River Greenway Gap, Phase 2 2. That the Board of Supervisors hereby supports the following SMART SCALE projects for Roanoke Valley Transportation Planning Organization application: a. Route 419 Safety Improvements, Stoneybrook Drive to Grandin Road Extension b. Route 419 Pedestrian Crossing Improvements, Brambleton Avenue and Postal Drive c. Williamson Road Sidewalk, Plymouth Drive to Clubhouse Drive 726 July 26, 2022 d. West Main Street Pedestrian Improvements, Phase 3 3. That the Board of Supervisors hereby supports the following SMART SCALE projects for Roanoke Valley-Alleghany Regional Commission application: a. U.S. Route 11/460 at Dow Hollow Road Safety Improvements b. Orange Avenue and Williamson Road Intersection Improvements 4. That the Board of Supervisors hereby supports the following SMART SCALE projects for City of Roanoke application: a. Orange Avenue (Route 460) Improvements between 11th Street, NE and Gus Nicks Boulevard b. Orange Avenue (Route 460) Improvements at the Kimball Avenue and Plantation Road intersection 5. That the Clerk to the Board forthwith send a certified copy of this Resolution to Commonwealth Transportation Board member Dr. Ray Smoot, State Delegate Joseph McNamara, State Delegate Chris Head, State Senator David Suetterlein, State Senator John Edwards and State Senator Steve Newman and to the Mayors of the City of Roanoke and the City of Salem. 6. That this resolution is effective immediately. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA 1. The petition of Insite Real Estate Investment Properties, LLC, to rezone approximately 0.93 acre from R-2, Medium Density Residential District, to C-2, High Intensity Commercial District, to construct a drive-in or fast food restaurant (quick-serve coffee shop) located at 7515 and 7517 Friendship Lane, Hollins Magisterial District Supervisor North's motion to approve the first reading and set the second reading for September 13, 2022, was seconded by Supervisor Hooker and approved by the following vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None July 26, 2022 727 IN RE: PUBLIC HEARING 1. Public hearing to receive citizen comments regarding a proposed amendment to the fiscal year 2022-2023 budget in accordance with Code of Virginia Section 15.2-2507 (Laurie Gearheart, Director of Finance and Management Services) Chairman Mahoney opened and closed the public hearing with no citizens to speak on this agenda item. IN RE: FIRST READING OF ORDINANCES 1. Emergency Ordinance accepting and appropriating funds of $1,400,967.87 from the Commonwealth of Virginia provided by American Rescue Plan Act (ARPA) funds for Roanoke County Public Schools (It is requested that the second reading be dispensed with upon an affirmative vote of 4/5ths of the members of the Board, and that this matter be deemed an emergency measure pursuant to Section 18.04' of the Roanoke County Charter) (Susan Peterson, Director of Finance - Roanoke County Public Schools) Ms. Peterson outlined the request for ordinance. There was no discussion. EMERGENCY ORDINANCE 072622-4 ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $1,400,967.87 TO THE ROANOKE COUNTY PUBLIC SCHOOLS WHEREAS, the Commonwealth of Virginia received funding from the American Rescue Plan Act (ARPA) from the United States Federal Government; and WHEREAS, the proposed original fiscal year 2023 operating budget was adopted by the Board, by Resolution 051022-3, on May 10, 2022; and WHEREAS, ongoing discussions in the General Assembly were not resolved until June 21, 2022, and therefore delayed the adoption of the State budget; and WHEREAS, as a result of the provisions of the now-adopted biannual State budget, the State will distribute ARPA funds to local school systems, it is proposed that the Roanoke County Public School's 2022-2023 grant fund budget be amended and increased by $1,400,967.87 for a bonus to be allocated to existing employees as of December 1, 2022 and paid on December 15, 2022; and WHEREAS, the Roanoke County School Board voted to accept the grant on July 14, 2022; and 728 July 26, 2022 WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of an ordinance was held on July 26, 2022; in order to timely finalize their budget, Roanoke County Public Schools has requested that this ordinance adopted as an emergency measure, and that the second reading of this ordinance be dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, pursuant to Section 18.04 of the Roanoke County Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia: 1. The sum of $1,400,967.87 is hereby accepted and appropriated to the Roanoke County Public Schools' Grant Fund. 2. An emergency is deemed to exist, and this ordinance shall be effective upon its adoption. On motion of Supervisor Hooker to adopt the ordinance as an emergency measure and waiving the second reading with a 4/5ths vote; seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None 2. Emergency Ordinance appropriating funds in the amount of $2,630,309 for the fiscal year 2022 - 2023 Operating Budget and $4,887,221 for the fiscal year 2022 - 2023 Capital Budget for the Roanoke County Public Schools (It is requested that the second reading be dispensed with upon an affirmative vote of 4/5ths of the members of the Board, and that this matter be deemed an emergency measure pursuant to Section 18.04 of the Roanoke County Charter) (Susan Peterson, Director of Finance - Roanoke County Public Schools) Ms. Peterson outlined the request for ordinance. There was no discussion. EMERGENCY ORDINANCE 072622-5 ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,630,309 FOR THE FISCAL YEAR 2022 — 2023 OPERATING BUDGET AND $4,887,221 FOR THE FISCAL YEAR 2022 — 2023 CAPITAL BUDGET FOR THE ROANOKE COUNTY PUBLIC SCHOOLS WHEREAS, the proposed original fiscal year 2022-2023 Roanoke County Schools operating and capital budget was adopted by the Board, by Resolution 051022- 3, on May 10, 2022; and July 26, 2022 729 WHEREAS, ongoing discussions in the General Assembly were not resolved until June 21, 2022, and therefore delayed the adoption of the State budget; and WHEREAS, as a result of the provisions of the now-adopted biannual State budget, additional local tax revenues are expected to be collected in Roanoke County which are subject to the revenue sharing formula as specified in the Roanoke County Comprehensive Financial Policy; and WHEREAS, Roanoke County Public Schools will receive addition funding from the State following the adoption of the biannual State budget; and WHEREAS, the Roanoke County School Board approved a revised budget on July 14, 2022; 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 July 26, 2022, and in order to timely finalize their budget and enable the payment of School employees, Roanoke County Public Schools has requested that this ordinance be adopted as an emergency measure, and that the second reading of this ordinance be dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, pursuant to Section 18.04 of the Roanoke County Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia: 1. The sum of $2,630,309 is hereby accepted and appropriated to the Roanoke County Public Schools' Operating Funds. 2. The sum of $4,887,221 is hereby accepted and appropriated to the Roanoke County Public Schools' Capital Funds. 3. An emergency is deemed to exist, and this ordinance be effective upon its adoption. On motion of Supervisor Hooker to adopt the ordinance as an emergency measure and waiving the second reading with a 4/5ths vote; seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None At 4:16 p.m., Mr. Mahoney called for a brief recess and called the meeting back into order at 4:21 p.m. 730 July 26, 2022 3. Emergency ordinance authorizing the approval of a new variable width drainage easement to the Board of Supervisors of Roanoke County on property owned by Michael S. Szilagyi and Lauren D. Szilagyi (Tax Map No. 088.13-03-14.00-0000), located at 5040 Falcon Ridge Road, for the purpose of drainage improvements, in the Cave Spring Magisterial District (Due to time constraints for the project, it is requested that the second reading be dispensed with upon an affirmative vote of 4/5ths of the members of the Board, and that this matter be deemed an emergency measure pursuant to Section 18.04 of the Roanoke County Charter) (Tarek Moneir, Director of Development Services) Mr. Moneir outlined the request. There was no discussion. EMERGENCY ORDINANCE 072622-6 AUTHORIZING THE APPROVAL OF A NEW VARIABLE WIDTH DRAINAGE EASEMENT TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY ON PROPERTY OWNED BY MICHAEL S. SZILAGYI AND LAUREN D. SZILAGYI (TAX MAP NO. 088.13-03-14.00- 0000), LOCATED AT 5040 FALCON RIDGE ROAD, FOR THE PURPOSE OF DRAINAGE IMPROVEMENTS, IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, it appears that improvements to a drainage system located at 5040 Falcon Ridge Road (Tax Map No. 088.13-03-14.00-0000), in the Cave Spring Magisterial District, are needed; and WHEREAS, in order to assist the property owners in making such drainage system improvements, the County has requested that the property owners grant a new variable width drainage easement to the County; and WHEREAS, the property owners have agreed to convey the new variable width drainage easement to the County; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on July 26, 2022, 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. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the conveyance of a new variable width drainage easement by Michael S. Szilagyi and Lauren D. Szilagyi to the Roanoke County Board of Supervisors, in the Cave Spring Magisterial District, located at 5040 Falcon Ridge Road July 26, 2022 731 (Tax Map No. 088.13-03-14.00-0000), shown an designated as ""PROPOSED VARIABLE WIDTH PUBLIC DRAINAGE EASEMENT" upon the Plat' entitled "DRAINAGE EASEMENT PLAT FOR 5040 FALCON RIDGE RD, ROANOKE, VA CAVE SPRING MAGISTERIAL DISTRICT SHOWING DEDICATION OF NEW DRAINAGE EASEMENT" prepared by the Roanoke County Department of Development Services, dated 7-12-2022, is hereby authorized and approved. 2. That the County Administrator, or any Assistant County Administrator, either of whom may act, are authorized to execute, deliver and record the deed, and any other documents on behalf of the County, and to take all such further action as any of them may deem necessary or desirable in connection with this project. The form of the deed is hereby approved with such completions, omissions, insertions and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof, all of which shall be approved as to form by the County Attorney's Office. 3. An emergency is deemed to exist, and this ordinance shall be effective upon its adoption. On motion of Supervisor Mahoney to adopt the ordinance as an emergency measure and waiving the second reading with a 4/5ths vote; seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance appropriating funds in the amount of$2,528,236 for the fiscal year 2022-2023 Operations Budget and approval of an amended Classification Plan for fiscal year 2022-2023 for Roanoke County, Virginia (Laurie Gearheart, Director of Finance and Management Services) Ms. Gearheart outlined the request for ordinance. There was no discussion. ORDINANCE 072622-7 APPROPRIATING FUNDS IN THE AMOUNT OF $2,528,236 FOR THE FISCAL YEAR 2022-2023 OPERATIONS BUDGET, AND APPROVAL OF AN AMENDED CLASSIFICATION PLAN FOR FISCAL YEAR 2022-2023 FOR ROANOKE COUNTY, VIRGINIA WHEREAS, the County Administrator proposed the original fiscal year 2022- 2023 operating budget on March 8, 2022; and 732 July 26, 2022 WHEREAS, the proposed original fiscal year 2023 operating budget was adopted by the Board, by Resolution 051022-3, on May 10, 2022. Further, the Board approved the Classification Plan for fiscal year 2022-2023, by Ordinance 051022-4, on May 10, 2022; and WHEREAS, ongoing discussions in the General Assembly were not resolved until June 21, 2022, and therefore delayed the adoption of the State budget;and WHEREAS, as a result of the provisions of the now-adopted biannual State budget, it is proposed that the County's 2022-2023 budget be amended and increased by $2,528,236. It is proposed that such amendment be effectuated by resolution on July 26, 2022; and WHEREAS, it is further proposed that $2,528,236 be appropriated to the general fund, which will subsequently include a transfer to the Roanoke County Public Schools in the amount of$985,728; and WHEREAS, it is proposed that the Classification Plan also be amended to- 1) include two new positions forr the registrar, 2) update the new public safety step-plan anchor salaries and 3) increase the pay bands from five percent (5%) to six percent (6%); and WHEREAS, the first reading of this ordinance was held on July 12, 2022, and the second reading was held on July 26, 2022. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. Anticipating that the Board will amend the County's 2022-2023 budget for general fund operating revenues and expenditures by resolution on July 26, 2022, the Board appropriates an additional $2,528,236 to the General Fund. 2. The attached Classification Plan (which includes A) Public Safety Step Structures, B) Classification Plan, and C) Pay Bands), which are incorporated as part of this ordinance, are approved by the Board of Supervisors and shall be effective on July 23, 2022. On motion of Supervisor Radford to adopt the ordinance, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None 2. Ordinance approving a lease agreement with Oaklands Properties, LLC for parking purposes at Thompson Memorial Drive and East Main Street in the City of Salem, Virginia (Peter S. Lubeck, County Attorney) Mr. Lubeck outlined the request for ordinance and advised there were no changes since the first reading on July 12, 2022. There was no discussion. July 26, 2022 733 ORDINANCE 072622-8 APPROVING A LEASE AGREEMENT WITH OAKLANDS PROPERTIES, LLC FOR PARKING PURPOSES AT THOMPSON MEMORIAL DRIVE AND EAST MAIN STREET IN THE CITY OF SALEM, VIRGINIA WHEREAS, Roanoke County has leased from the landowners (currently, Oaklands Properties, LLC) certain real property located in the City of Salem, Virginia, bounded by East Main Street, Craig Avenue, Clay Street, and Thompson Memorial Drive (being portions of City of Salem Tax Map Nos: 107-5-1.1, 107-5-1, and 107-5-2) for parking purposes for Roanoke County Courthouse guests and Roanoke County employees since May 1, 1992; and WHEREAS, the current lease with Oaklands Properties, LLC will expire on July 31, 2022; and WHEREAS, staff has negotiated with Oaklands Properties, LLC for a new lease of the real property for continued parking purposes for Roanoke County Courthouse guests and Roanoke County employees; and WHEREAS, the Board of Supervisors has determined that it is in the public interest to continue leasing the real property, under certain terms and agreements outlined in a Lease Agreement; and WHEREAS, § 2.03 of the Roanoke County Charter provides that the County, upon a showing of public necessity, may acquire (lease) property within or without its boundaries for any of its facilities or functions; WHEREAS, the Board of Supervisors finds that there is a showing of public necessity for the County to lease the real property which is located in the City of Salem, as the Roanoke County Courthouse is in the City of Salem and certain County employees work in the City of Salem; and WHEREAS, § 18.04 of the Roanoke County Charter directs that the acquisition (lease) and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance to be held on July 12, 2022, and the second reading to be held on July 26, 2022; NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there is a showing of public necessity for the County to lease certain real property in the City of Salem for the purpose of parking for Roanoke County Courthouse guests and Roanoke County employees. 2. That the execution of an .agreement with Oaklands Properties, LLC to lease certain real property containing approximately 42,191 square feet, and as shown on the attached plat identified as "Exhibit A," for parking purposes for the Roanoke County Courthouse and Roanoke County staff is hereby authorized and approved. 3. The County Administrator, or any Deputy County Administrator, is authorized to execute the Lease Agreement. The form of the Lease Agreement presented to the Board is hereby approved with such completions, omissions, 734 July 26, 2022 insertions, and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof, all of which shall be approved as to form by the County Attorney. 4. The County Administrator, or any Deputy County Administrator, is hereby authorized and directed to execute and deliver all other agreements, leases, and documents on behalf of the County and to take all such further action as may be necessary or desirable in connection with this transaction. 5. This ordinance shall be effective from and after the date of its adoption. On motion of Supervisor North to adopt the ordinance, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NYS: None IN RE: APPOINTMENTS 1. Roanoke County Board of Zoning Appeals (BZA) (appointed by District) 2. Roanoke County Economic Development Authority (EDA) (appointed by District) 3. Roanoke County Library Board (appointed by District) 4. Roanoke County Parks, Recreation and Tourism Advisory Commission (appointed by District) 5. Roanoke County Planning Commission (appointed by District) Supervisor Peters asked to reappoint Barry Thompson to the Roanoke County Economic Development Authority and Rick James to the Roanoke County Planning Commission. There were no objections and those appointments were added to the consent agenda. IN RE: CONSENT AGENDA RESOLUTION 072622-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K- CONSENT AGENDA July 26, 2022 735 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 July 26, 2022, designated as Item K - 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— March 22, 2022 2. Resolution canceling the August 9, 2022 meeting of the Board of Supervisors 3. Confirmation of appointment to the Community Policy and Management Team (CPMT) 4. Confirmation of appointment to the Roanoke County Economic Development Authority (EDA) and the Roanoke County Planning Commission (District) On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None RESOLUTION 072622-9.a CANCELING THE AUGUST 9, 2022 MEETING OF THE BOARD OF SUPERVISORS WHEREAS, by Resolution 121421-8 the Board of Supervisors established a meeting schedule for the 2022 calendar year which scheduled a meeting for August 9, 2022; and WHEREAS, due to a reduced agenda, the Board of Supervisors desires to cancel this meeting scheduled to be held on Tuesday, August 9, 2022 at 3:00 p.m. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County that this Board hereby cancels its meeting scheduled for Tuesday, August 9, 2022; and BE IT FURTHER resolved that the Clerk to the Board be, and hereby is directed to post this resolution in a public location at which notices are regularly posted and in the office of the Clerk to the Board. In addition, the Clerk is relieved of the obligation to send each Board member written notice by registered mail of the cancellation of this meeting. On motion of Supervisor Radford to adopt the ordinance, seconded by Supervisor Peters and carried by the following recorded vote: 736 July 26, 2022 AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None A-072622-9.b A-072622-9.c IN RE: REPORTS Supervisor Mahoney 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 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Peters stated he appreciated the Board's continued support for Public Safety with regard to the resolution we just passed with the step plan. He was reminded when he was at the Montgomery Village HOA and they were having some issues. The Police Department was there, Officer Butts and Officer Benton and just watching them connect to the community and what could have been a very tense night was not and thinks it was because they kicked it off for us and they were very open in addressing issues within the neighborhoods as far as break-ins and how to prevent. It was good to see the Police interaction that was a good interaction as we see too much of the other on the news and it is nice to see this in our community. He has always supported our public safety folks and will continue to. Secondly, speaking of another contentious issue, East River Greenway. According to the Mt. Pleasant area, while the surveys were overwhelmingly positive, property owners along the greenway are not receptive to this, but we are going to continue to work with VDOT to find out how we can make this work. Megan Cronise and the whole group from Planning and Zoning that were there that night did a superb job; the way they laid it out. The night started very tense as we were going into it, he had already had conversations with many of our constituents in that area. They had reached out to Planning and Zoning and the way they brought the maps in and walked everyone through it helped by bringing the temperature down in the room. It did not change many minds, but definitely brought the temperature down. Once again, it was shown to him that we have great staff at Roanoke County and he is very happy to represent not only his citizens, but our employees who work for us. July 26, 2022 737 Supervisor Hooker commented on Glenvar High School and their outstanding sporting teams. It was an outstanding year of athletic accomplishments and it earned Glenvar High School it's second National Guard Cup, which was formerly known as the Central Fidelity Cup, the Wachovia Cup and the Wells Fargo Cup that honors all around excellence in a school's athletic program and the Highlander's came out on top in the Class II Region. Glenvar finished with 422.5 total points over the combined fall/winter and spring sports seasons. The spring season is what put the Highlanders over the top. Glenvar won two State Championships in girls outdoor track, tennis, boys' soccer was the State runner-up. This is the first year that the Army National Guard has sponsored the trophy, but it is a really a spectacular honor and just wanted to congratulate them formally. Secondly, she was briefly reflecting on the 2012 Glenvar community plan and found language that assumes economic development will continue and grow once the road is widened (Rt. 11/460). While we are disappointed in our Smart Scale application for a traffic light at Dow Hollow and Rt. 11/460 being discouraged, she wants to double down on researching our options for redevelopment, new economic development and opportunities on that section in that Glenvar community. She thinks it is ripe for good things to happen. Supervisor North stated on July 16th, he attended along with County Administrator Caywood the Roanoke Regional Airport presentation getting $15 million of Federal money from the infrastructure bill to improve security check points for luggage and passengers. They will open up a new gate where the current security is today. They will now have a new gate, which will attract more passengers and perhaps another airline or two as well as downstairs where the luggage goes in those huge tubes, it will be put behind the ticket counter out of sight. There will be more space in the terminal. This should be completed within the next two years. On July 18th he attended the Lewis Gale emergency room on Rt. 460, West Ruritan Road ribbon cutting. This new facility will represent $12 million of economic investment and creation of 30 new jobs. It will be open 24/7, 365 and we welcome it to the Hollins community to provide high-quality care and services. Also, on July 19th, he attended the Regional Partnership update and heard Jason ElKoubi talk about State and regional priorities. One interesting fact he brought up was our economic region is down 7200 jobs versus pre-pandemic levels and also the State of Virginia is off 133,000 jobs from pre-pandemic levels. A full recovery is anticipated by the first quarter of 2023 and some of this decline could be because companies are having difficulty hiring people and will also drive the mechanization in many manufacturing industries, which we don't need as many people. So, we will watch those numbers; it was a good talk and he understands that Mr. ElKoubi is going to be speaking at the Virginia Counties Conference in August at the Hotel Roanoke. We look forward to his continued message. Supervisor Radford noted there has been a lot going on in the Windsor Hills District in the past month. We have had two new businesses open, The Wymsical Spider, a consignment shop next to the Tiger Mart, and an older property gas station that had been closed for quite a while and is now under new ownership and is a 738 July 26, 2022 convenience store and offers gas under BP. They are in the Oak Grove Mall area. We also heard earlier some Smart Scale funding for intersections and crossover improvements along the Oak Grove area on Electric Road, which is important because there seems to be a high concentration of citizens who need assistance getting across those intersections and there is just not enough time. People are slowing down, but we look forward to those improvements helping those intersection safely. He received an email that the Back Creek Civic Association have not met since COVID, March of 2019 and are starting to get back into meeting with their group and invited people like us and our legislators to come talk to them. They had a meeting set up and somebody got COVID and they had to cancel; they will go back in August. A couple of park updates for the Windsor Hills area; Garst Mill Park continues to get a lot of high use and they now have pickle ball courts, which help the dynamic change a little bit over there versus the tennis court. We have six (6) pickle ball courts and every time he goes over there they are slammed full, unless it is hot. Also, for our people that have been using Oak Grove Park, the playground set has been ordered and we are having a new shelter that will be installed and the one tennis court will be converted to pickleball in the fall and then later with restroom facilities coming at the end of the year. A lot is happening in the Windsor Hills District. Supervisor Mahoney noted that Mr. Lubeck has informed him that we received from the Attorney General's office, the "blessing" for our redistricting plan. If you recall Mr. Lubeck was telling us we had to send our plan to the Attorney General and the Attorney General had 60 days to review it and we have received the "blessing" from the Attorney General. The maps and other materials have been placed on the website. Mr. Lubeck noted it was under the GIS, Voter View. The registrar can now send notices out to the voters. IN RE: CLOSED MEETING At 4:43 p.m., Chairman Mahoney moved to go into closed session pursuant to Code of Virginia section 2.2-3711(A) (1) to discuss the performance of specific members of the Roanoke County Fire and Rescue Department; and Code of Virginia section 2.2-3711(A)(7) — to consult with legal counsel regarding probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. Legal counsel has a reasonable basis to believe that litigation may be commenced against the County by a known party. The motion was seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None • July 26, 2022 739 Mr. Mahoney recessed to third floor at 4:44 p.m.to go into work session and closed session. The closed session was held from 5:20 p.m. until 6:48 p.m. IN RE: WORK SESSIONS 1. Work session to review Internal Audit Plan for fiscal year 2023 (Emma Coole, Internal Auditor) Ms. Coole provided a PowerPoint presentation. Supervisor Mahoney inquired if there is any coordination or interaction with the external audits with Ms. Coole advising in the affirmative stating there is a coordinating function with the outside auditors on the annual financial audit. Supervisor Radford asked if what Emma does affect our bond rating with Ms. Owens responding in the negative stating the outside auditor's information goes more to our bond rating. Supervisor Mahoney asked our many auditable units with Ms. Coole responding five (5). Supervisor Radford asked if they will be auditing CORTRAN, with Ms. Coole responding in the affirmative. The work session was held from 4:45 p.m. until 5:13 p.m. IN RE: CERTIFICATION RESOLUTION At 6:45 p.m., Supervisor Mahoney moved to return to open session and to adopt the certification resolution. RESOLUTION 072622-10 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this _date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 740 July 26, 2022 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Mahoney to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None Chairman Mahoney then brought forward a proposed resolution directing the Planning Commission to examine the zoning ordinance to review and make recommendations regarding halfway houses. There was no discussion. RESOLUTION 072622-11 DIRECTING THE PLANNING COMMISSION TO EXAMINE THE ZONING ORDINANCE OF ROANOKE COUNTY AND TO REVIEW AND MAKE RECOMMENDATIONS REGARDING THE REGULATION OF HALFWAY HOUSES WHEREAS, § 30-14 of the Roanoke County Code provides that amendments to the Roanoke County Zoning Ordinance may be initiated by resolution of the Board; and WHEREAS, during the past year, issues have been raised to Roanoke County staff that the Roanoke County Zoning Ordinance currently does not address adequately, namely whether"halfway" houses as defined in the Zoning Ordinance should be by-right use in any of our zoning districts, rather than requiring a special-use permit. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. That it directs the Planning Commission to review and make recommendations on the regulation of halfway houses. On motion of Supervisor Mahoney to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters NAYS: None ABSENT: Supervisor Radford IJuly 26, 2022 741 IN RE: ADJOURNMENT Chairman Mahoney adjourned the meeting at 6:49 p.m.0itted by: Approved by: 4. l.,/ _1 ' 1/4/ QuA fw) ..-v,A4s1A9t 1:borah C c,�,� Paul M. Mahoney Chief Deputy C rrk to the Board Chairman 742 July 26, 2022 PAGE LEFT BLANK INTENTIONALLY