HomeMy WebLinkAbout11/9/2022 - Adopted Board Records
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 25, 2022
RESOLUTION110922-1 AUTHORIZINGAN AMENDMENT TO THE
ENGINEERING SERVICESCONTRACT WITH HURT & PROFFITT,
INC., APPROVING THE RE-ALLOCATION OF$4,542,105 IN
PREVIOUSLY APPROPRIATED SMART SCALE FUNDING, AND
APPROVING THE RE-ALLOCATION OF $4,352,469 IN
PREVIOUSLY APPROPRIATED SURFACE TRANSPORTATION
BLOCK GRANT PROGRAM FUNDING FOR THE WEST ROANOKE
RIVER GREENWAY PHASE 1 PROJECT, CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, Roanoke County is administering of the West Roanoke River Greenway
Phase 1 (VDOT UPC No. 97171) projectproposed along West Riverside Drive in
Roanoke County and the City of Salem; and
WHEREAS, Hurt & Proffitt, Inc., the engineering consultant for the West Roanoke
River Greenway project, has submitted seven (7) previous contract amendments issued
for Phases II and III of the engineering services contract #2014-003to reflect changes in
project scope that have occurred since 2014;and
WHEREAS, due to a recent change in project scope, Hurt & Proffitt, Inc. has submitted
a supplemental funding request for an eighth (8) contract amendment (#2014-003) for
Phases II and III totaling $157,780 for additional design and permitting services for the
project phasing and to provide construction support and administration until project
closeout; and
WHEREAS, County staff recommends amending the engineering services contract
withHurt & Proffitt, Inc.to $816,806,anincrease offorty-eight-point ninepercent
(48.9%)over theoriginal contract amount; and
WHEREAS, Roanoke County procurement regulations and the Procurement Code of
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Virginiarequirethatchangesexceedingtwenty-fivepercent(25%)oftheoriginal
contract be approved by the Board of Supervisors; and
WHEREAS, County staff request approval to address possible future increases in
Hurt & Proffitt, Inc. engineering services contract, up to a maximum cost of $850,000;
and
WHEREAS, the Smart Scale (formerly HB2) funding in the amount of $4,542,105 was
adopted in the Fiscal Year 2020 Capital Improvement Program and erroneously
appropriated to the capital fund instead of the project grant account; and
WHEREAS, the Surface Transportation Block Grant Program (STBG, formerly
Regional Surface Transportation Program, RSTP) funding in the amount of $4,352,469
was appropriated for the East Roanoke River Greenway project (VDOT UPC 91191) in
2015, at the County’s request was transferred by the Roanoke Valley Transportation
Planning Organization to the West Roanoke River Greenway project (VDOT UPC 97171)
in 2020 and 2021, and needs to be re-allocated to the West Roanoke River Greenway
Phase 1 project grant account.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County that the County Administrator, Deputy County Administrator or Assistant
County Administrator, is hereby authorized to execute an amendment tothe
Professional Engineering Services Contract No. 2014-003 with Hurt & Proffitt, Inc. to
authorize expenses up to and not to exceed $850,000 for the West Roanoke River
Greenway Phase 1 project, which agreement shall bereviewed andapproved astoform
by theCountyAttorney, re-allocate $4,542,105 in previously appropriated Smart Scale
funds from the capital account to the grant account, and re-allocate $4,352,469 in
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previously appropriatedSurface Transportation Block Grant Programfunds from the East
Roanoke River Greenway (VDOT UPC 91191) grant account to the West Roanoke River
Greenway (VDOT UPC 97171) grant account.
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
A COPY TESTE:
___________________________________
Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
cc: Lindsay Webb, Parks Recreation and Development Manager
Laurie Gearheart, Director of Finance and Management Services
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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 TUESDAY, NOVEMBER 9, 2022
RESOLUTION110922-2.a AMENDING AND RE-ADOPTING A
GRIEVANCE PROCEDURE
WHEREAS, pursuant to Section 15.2-1506 of the Code of Virginia, every locality
with more than fifteen employees must have a grievance procedure that “affords and
immediate and fair method” for resolving disputes between the locality and its
employees; and
WHEREAS, Section 15.2-1507 requires that such a grievance procedure be
adopted by the locality’s governing body; and
WHEREAS, section 4.01 of the County Charter, which sets forth the powers and
duties of the county administrator, states that “The county administrator shall appoint
each superintendent or department head of each county department … and each
superintendent or department head so appointed shall serve at the pleasure of the
county administrator”; and
WHEREAS, this is consistent with Section 15.2-1507 of the Code of Virginia,
which sets forth employees that are or may be ineligible to file grievances, including
· Officials and employees who by charter or other law serve at the will or pleasure
of an appointing authority, and
· Agency heads or chief executive officers of government operations; and
WHEREAS, the presently adopted grievance procedure is confusing on the point
of whether department heads may file grievances. Chapter 6, Section B states, in part,
that “Assistant county administrators and department directors may file grievances
regarding disciplinary actions limited to dismissals.” But then states, “The County
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Administrator will determine which positions are exempt from the application of the
grievance procedure"; and
WHEREAS, it is proposed that the grievance procedure be revised and re-
adopted to clarify this issue and to make the grievance procedure consistent with the
County Charter, and to further make other minor revisions.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, that
1. the County’s Grievance Procedure is hereby amended and re-adopted as set
forth in the attached document marked as Exhibit 1, and titled, Chapter 6 –
GRIEVANCE PROCEDURE.
2. The amended and re-adopted Grievance Procedure shall become effective upon
its certification (by the County Administrator and County Attorney) to the clerk of
the Roanoke County Circuit Court, pursuant to Section 15.2-1507(A) of the Code
of Virginia.
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
A COPY TESTE:
___________________________________
Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
cc: Peter Lubeck, County Attorney
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ACTION NO. A-110922-2.b
ITEM NO. G-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 9, 2022
AGENDA ITEM: Confirmation of appointment to the Blue Ridge Behavioral
Healthcare Board of Directors and the Roanoke County
Economic Development Authority
SUBMITTED BY: Deborah C. Jacks
Chief Deputy Clerk to the Board of Supervisors
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Confirmation of appointments
DISCUSSION:
Blue Ridge Behavioral Healthcare Board of Directors:
Richard Caywood’s three-year term will expire December 21, 2025. Staff has
recommended Madeline Sefcik be appointed to this Board for a three-year term to
expire December 31, 2025
Roanoke County Economic Development Authority (EDA):
Max Beyer’s four-year term representing the Hollins District on the EDA expired on
September 26, 2022. Mr. Beyer has advised he no longer wants to serve on this
Authority. Mr. North has recommended the appointment of Donald Sowder to a four-
year term to expire September 26, 2026.
STAFF RECOMMENDATION:
Staff recommends confirmation of these appointments.
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VOTE:
Supervisor Peters moved to confirm the appointments. Supervisor Radford seconded
the motion. Motion approved.
YesNo Absent
Mr. Peters
Ms. Hooker
Mr. North
Mr. Radford
Mr. Mahoney
cc: Megan Baker, Director of Economic Development
Jill Loope, Secretary, Roanoke County Economic Development Authority
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ACTION NO. A-110922-2.c
ITEM NO. G-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 9, 2022
AGENDA ITEM: Request to accept and allocate grant funds in the amount of
$6,200 from the Jacqueline S. and Shelborn L. Spangler
Fund of Community Foundation to Roanoke County Fire and
Rescue for the purchase of a thermal imaging camera for the
Back Creek Fire & Rescue Station #11
SUBMITTED BY: C. Travis Griffith
Chief of Fire and Rescue
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Accept and allocate grant funds for $6,200 from the Jacqueline S. and Shelborn L.
Spangler Fund of Community Foundation to Roanoke County Fire and Rescue for the
purchase of a thermal imaging camera for the Back Creek Fire & Rescue Station #11.
BACKGROUND:
The Community Foundation Serving Western Virginia has served the Roanoke Valley
and much of southwest Virginia for over 30 years. Currently, it administers and makes
grants from over 300 named endowment funds on behalf of the community. One of
those funds is the Jacqueline S. and Shelborn L. Spangler Fund. The Spangler Fund is
designed to make grants that benefit the communities in the Rt. 221 corridor from
Cotton Hill Road up Bent Mountain to Check in Floyd County.
DISCUSSION:
Community Foundation has awarded grant funds in the amount of $6,200 to Roanoke
County Fire and Rescue from the Spangler Fund. The funds are intended to purchase
a thermal imaging camera for the Back Creek Fire & Rescue Station #11
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FISCAL IMPACT:
The Spangler Fund will cover 100% of the cost of the thermal imaging camera for the
Back Creek Station. No additional County funds are required.
STAFF RECOMMENDATION:
Staff recommends accepting an allocating $6,200 to the Grant Fund for the purchase of
a thermal imaging camera for the Back Creek Fire & Rescue Station #11.
VOTE:
Supervisor Peters moved to accept and allocate grant funds. Supervisor Radford
seconded the motion. Motion approved.
YesNo Absent
Mr. Peters
Ms. Hooker
Mr. North
Mr. Radford
Mr. Mahoney
cc:C. Travis Griffith, Chief of Fire and Rescue
Laurie Gearheart, Director of Finance and Management Services
Steve Elliott, Budget Administrator
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ACTION NO. A-110922-2.d
ITEM NO. G.5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: November 9, 2022
AGENDA ITEM: The petition of Panda Storage Rentals and Sales to obtain a
special use permit for equipment sales and rentals and a
special use permit for mini-warehouse on approximately 4.82
acres on land zoned C-2, High Intensity Commercial District,
located in the 5300 block of West Main Street and the 5400
block of Pleasant Run Drive, Catawba Magisterial District
SUBMITTED BY: Philip Thompson
Director of Planning
APPROVED BY: Richard L. Caywood
County Administrator
ISSUE:
Consent agenda item for first reading of an ordinance.
BACKGROUND:
The first reading of this ordinance is accomplished by adoption of this ordinance in the
manner of consent agenda items. The adoption of these items does not imply approval
of the substantive content of the requested zoning actions; rather, approval satisfies the
procedural requirements of the County Charter and schedules the required public
hearing and second reading of these ordinances. The second reading and public
hearing on this ordinance is scheduled for December 13, 2022.
The title of this ordinance is as follows:
1. The petition of Panda Storage Rentals and Sales to obtain a special use permit for
equipment sales and rentals and a special use permit for a mini-warehouse on
approximately 4.82 acres on land zoned C-2, High Intensity Commercial District,
located in the 5300 block of West Main Street and the 5400 block of Pleasant Run
Drive, Catawba Magisterial District.
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DISCUSSION:
There is no discussion on this item.
FISCAL IMPACT:
There is no fiscal impact on this agenda item.
STAFF RECOMMENDATION:
Staff recommends as follows:
1. That the Board approve and adopt the first reading of this ordinance for the purpose
of scheduling the second reading and public hearing for December 13, 2022.
2. That this section of the agenda be, and hereby is, approved and concurred in as to
each item separately set forth as Item(s) 1, and that the Clerk is authorized and
directed where required by law to set forth upon any of said items the separate vote
tabulation for any such item pursuant to this action.
VOTE:
Supervisor Peters moved to approve the first reading and scheduled the second reading
for December 13, 2022. Supervisor Radford seconded the motion. Motion approved.
YesNo Absent
Mr. Peters
Ms. Hooker
Mr. North
Mr. Radford
Mr. Mahoney
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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 TUESDAY, NOVEMBER 9, 2022
RESOLUTION 110922-2 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORSAGENDA FOR
THIS DATE DESIGNATED AS ITEM G- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for November 9,
2022, designated as Item G - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 5
inclusive, as follows:
1. Approval of minutes – July 12, 2022
2.Resolution amending and re-adopting a Grievance Procedure
3.Confirmation of appointment to the Blue Ridge Behavioral Healthcare Board of
Directors and the Roanoke County Economic Development Authority
4.Request to accept and allocate grant funds in the amount of $6,200 from the
Jacqueline S. and Shelborn L. Spangler Fund of Community Foundation to
Roanoke County Fire and Rescue for the purchase of a thermal imaging camera
for the Back Creek Fire & Rescue Station #11
5.The petition of Panda Storage Rentals and Sales to obtain a special use permit
for equipment sales and rentals and a special use permit for mini-warehouse on
approximately 4.82 acres on land zoned C-2, High Intensity Commercial District,
located in the 5300 block of West Main Street and the 5400 block of Pleasant
Run Drive, Catawba Magisterial District (First Reading and Request for Public
Hearing)
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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, NOVEMBER 9, 2022
ORDINANCE 110922-4 DENYINGA SPECIAL USE PERMITTO NEIL
ANEJA TO OPERATE A SHORT-TERM RENTAL ON
APPROXIMATELY 0.3 ACRES ON PROPERTY ZONED R-1 (LOW
DENSITY RESIDENTIAL) DISTRICT, LOCATED AT 2726 WHITE
PELICAN LANE (TAX MAP NO: 087.13-02-11.00-0000), IN THE CAVE
SPRING MAGISTERIAL DISTRICT
WHEREAS, Neil Aneja has filed a petition for a special use permit to operate a
short-term rental on property zoned R-1 (Low Density Residential) District containing
approximately 0.3 acre, located at 2726 White Pelican Lane, in the Cave Spring
Magisterial District; and
WHEREAS, the first reading of this ordinance was held on October 25, 2022, and
the second reading and public hearing were held on November 9, 2022; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on November 1, 2022; and
WHEREAS, the Roanoke County Planning Commission recommends approval of
the petition; and
WHEREAS, during the public hearing on November 9, 2022 the Board
considered comments made by the petitioner and also considered comments made by
several citizens; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The Board finds that the proposed special use is inconsistent with the
purpose and intent of the County’s adopted comprehensive plan or good zoning
practice, and
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