HomeMy WebLinkAbout2/14/2023 - Regular February 14, 2023 53
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the first regularly scheduled meeting
of the month of February 14, 2023. 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, Pastor Jake Hooker of Providence
Presbyterian Church. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Hooker called the meeting to order at 3:03 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Martha B. Hooker; Supervisors Paul M. Mahoney,
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: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Steven A. McGraw, upon his
retirement after more than 39 years of service (Richard Caywood,
County Administrator; Rhonda Perdue, Clerk of Circuit Court)
Resolution was read into the minutes by the Chief Deputy Clerk. All
Supervisors offered their thanks and congratulations.
54 February 14, 2023
RESOLUTION 021423-1 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
STEVEN A. MCGRAW, CLERK OF CIRCUIT COURT, UPON HIS
RETIREMENT AFTER MORE THAN THIRTY-NINE (39) YEARS
OF SERVICE
WHEREAS, Steven A. McGraw was employed by Roanoke County on January
1, 1984; and
WHEREAS, Mr. McGraw retired on February 1, 2023, after thirty-nine (39) years
and one (1) month of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Mr. McGraw has served on the Board of Supervisors from 1984
through 1991, serving as Board Chairman in 1985 and 1991 and Board Vice Chairman
in 1990. Mr. McGraw served with distinction on the Blue Ridge Region Commission,
Sesquicentennial Committee, Roanoke Valley Cooperation Committee, Cablevision
Committee, Cable Vision Negotiating Subcommittee and the Roanoke County Resource
Authority. Mr. McGraw further served the citizens as President of the Virginia
Association of Counties, President of the Blue Ridge Region of Virginia Inc., a member
of the Grayson Commission and Chairman of the VACoNML Task Force on
Annexation. Mr. McGraw has served as Clerk of the Circuit Court from January 1992
through his retirement on February 1, 2023. Mr. McGraw served as President of the
Virginia Court Clerks' Association in 2001; and
WHEREAS, Mr. McGraw, through his employment with Roanoke County, has
been instrumental in improving the quality of life and providing services to the citizens of
Roanoke County; and
WHEREAS, throughout Mr. McGraw's tenure with Roanoke County, he always
enjoyed and is deeply:appreciative of the constant support he received from his family,
friends, staff members, co-workers and, especially the voters of Roanoke County.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of
Roanoke County to STEVEN A. MCGRAW for more than thirty-nine (39) years of
capable, loyal and dedicated service.to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
111 February 14, 2023 55
2. Recognition of Regional Center for Animal. Care and Protection
(RCACP) employee of the year, Anna Riccio (Richard L. Caywood,
County Administrator; Mike Warner, Interim Executive Director for
the Regional Center for Animal Care and Protection; Melinda
Rector, Director of Operations for the Regional Center for Animal
Care and Protection)
Recognition was given.
IN RE: BRIEFINGS
1. Briefing the Board of Supervisors with an annual update from the
Greater Williamson Road Area Business Association (Valerie
Brown, Executive Director, Greater Williamson Road Area
Business Association)
Briefing was given and video was shown.
IN RE: NEW BUSINESS
1. Resolution directing the Roanoke County Planning Commission
to study and make recommendations regarding potential
amendments to Section 30-82-13.1 of the Roanoke County Code
(the County's Cluster Subdivision Ordinance) (Peter S Lubeck,
County Attorney)
Mr. Lubeck outlined the request for resolution on behalf of Mr. Mahoney.
Supervisor Mahoney stated he had asked Mr. Lubeck to prepare this resolution and
chatted with Philip Thompson, Director of Planning to get a better idea of the historical
uses. It appears it has been used a few times; he does not think it met the original
intent when the County adopted this many years ago. He was approached by a builder
who raised questions and hew wanted to look into. At the same time, he has been
reading a lot and there are a lot of criticisms of local governments with respect to our
land use ordinances that make it difficult for new housing and we-.do not have a lot of
easily developable land left in Roanoke County. A lot of remaining parcels have steep
slopes or conservation areas or water shed areas. There is flat areas that could be
conserved and have a more dense development. There are downsides to high density
development, so he would like the Planning Commission to look at the County's cluster
ordinance provision in our code and see if we can be more welcoming and usable.
56 February 14, 2023
Supervisor Radford indicated he was around during that time and there
was a heavy influence to preserve open space and we looked at different scenarios. He
agrees with the developer and thinks this will better and enable us to be more efficient
with our remaining plans. There was no further discussion.
RESOLUTION 021423-2 DIRECTING THE ROANOKE COUNTY
PLANNING COMMISSION TO STUDY AND PROVIDE
RECOMMENDATION REGARDING WHETHER TO AMEND THE
PROVISIONS OF SECTION 30-82-13.1 (THE COUNTY'S
CLUSTER SUBDIVISION ORDINANCE)
WHEREAS, Section 30-82-13.1 of the Roanoke County Code sets forth the
County's "Cluster Subdivision Option" for the development of single-family dwellings;
and
WHEREAS, the intent of the ordinance is to facilitate the preservation of
viewsheds and conservation areas by allowing, under certain conditions, such areas to
be combined with a higher, but more compact level of development; and
WHEREAS, the Cluster Subdivision Ordinance is seldom used in developing
neighborhood; and
WHEREAS, it has been proposed that the Board refer this matter to the Planning
Commission for review and recommendation as to whether the provisions of this
ordinance could be reasonably expanded so as to expand its use while preserving its
intent and purpose.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County that this matter (whether to amend Section 30-82-13.1 of the Count Code) be
referred to the Planning Commission for study and recommendation.
On motion of Supervisor Mahoney to adopt the resolution, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance amending the fiscal year 2022-2023 budget for the
General Operating Revenues and Expenditures by $6,000,000 and
appropriating $5,000,000 to the County's. Capital Fund and
$1,000,000 to the General Government Fund (Steve Elliott, Budget
Administrator)
Mr. Elliott explained the request for ordinance. There was no discussion.
February 14, 2023 57
Supervisor North's motion to approve the first reading and set the second
reading for February 28, 2023 was seconded by Supervisor Radford and approved by
the following vote:
AYES: Supervisors Mahoney, North, Radford, Hooker
NAYS: Supervisor Peters
2. Ordinance accepting $170,081 from the Virginia Office of
Emergency Medical Services (OEMS) Rescue Squad Assistance
Fund (RSAF) and appropriating such funds, along with a local
match of $170,081 to the grant fund; accepting $216,831.85 from
the Virginia Department of Emergency Management (VDEM) and
appropriating such funds to the Capital Fund; accepting $100,000
from the Local Assistance and Tribal Consistency Fund (LATCF)
and appropriating such funds to the grant fund; and Reallocating
$396,507.15 from the County Capital Reserves with $217,507.15
going to the grant fund and $179,000 staying within the capital
111 fund; for the purchase of two (2) ambulances for the Fire &
Rescue Department and to complete the replacement of firearms
for the Police Department (C. Travis Griffith, Chief of Fire &
Rescue; Mike Poindexter, Chief of Police; Laurie Gearheart,
Director of Finance and Management Services)
Ms. Gearheart outlined the request for ordinance. There was no
discussion.
Supervisor Peters' motion to approve the first reading and set the second
reading for February 28, 2023, was seconded by Supervisor Mahoney and approved by
the following vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 021423-3 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:
58 February 14, 2023
That the certain section of the agenda of the Board of Supervisors for February
14, 2023, designated as Item H- Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 3 inclusive, as follows:
1. Approval of minutes— October 10, 2022
2. Ordinance accepting and appropriating $250,000 to the fiscal year 2022-2023
Roanoke County Public Schools Capital.Fund and re-allocating $65,000 from
the Minor Capital Reserves for the Virginia Department of Education Security
Equipment Grant (Second Reading)
3. Confirmation of appointment to the Roanoke County Board of Building Code
Adjustment and Appeals Board (At-Large), Roanoke County Social Services
Advisory Board (District)
On motion of Supervisor Mahoney to adopt the resolution, seconded by
Supervisor Radford and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
ORDINANCE 021423-3.a ACCEPTING AND APPROPRIATING
$250,000 TO THE FISCAL YEAR 2022-2023 ROANOKE
COUNTY PUBLIC SCHOOLS CAPITAL FUND AND RE-
ALLOCATING $65,000 FROM THE MINOR CAPITAL RESERVES
FOR THE VIRGINIA DEPARTMENT OF EDUCATION SECURITY
EQUIPMENT GRANT
WHEREAS, the Virginia Department of Education has awarded Roanoke County
Public Schools $250,000 from the: 2022-2023 School Security Equipment Grant
Program authorized:by the 2013 General Assembly; and
WHEREAS, these funds are approved for the purchase and installation of certain
school security equipment as requested for Burlington Elementary, Herman L. Horn
Elementary and Northside High School; and
WHEREAS, school divisions:=must purchase the funded security equipment,
which.may,include equipment for school buses, building modifications, and fixtures such
as security vestibules,_ within six months of the. notification of the grant award or by
March 1,2023; and
WHEREAS, a-local match of $62,500, which is 25% of the grant award, is
required, and an additional $2,500 is-needed to-meet the total,estimated costs of the
projects. ;The additional $65,000 will.be appropriated from Minor Capital Reserves; 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 January 24, 2023, and
the second reading was held on February 14, 2023.
February 14, 2023 59
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $250,000 is hereby accepted and appropriated to the
Roanoke County Public Schools Capital Fund.
2. That the sum of $65,000 be re-allocated from the Minor Capital Reserves
to the Roanoke County Public Schools Capital Fund.
3. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Mahoney to adopt the ordinance, seconded by
Supervisor Radford and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
A-021423-3.b
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
William Skaff of 4815 Farmington Place Court in Roanoke provided the
following statement, "At the Barnett Rezoning Application Hearing, capitalism was given
as a reason for eliminating residential zoning and approving commercial development.
According to then Chairman Mahoney, for instance, competition takes precedence, and
need is irrelevant, using the memorable comparison of grocery stores to car washes.
What role does capitalism play in our constitutional republic, and, in turn, what role
should capitalism play in our zoning decisions? Capitalism is economic democracy. It is
the appropriate economic system for our country, for a freedom loving people. But, as
Milton Friedman observed, 'While necessary for freedom, capitalism alone is not
sufficient to guarantee freedom. It must be accompanied by a set of values and by
political institutions favorable to freedom." The free enterprise system occupies a
particular place in the United States government. We are a constitutional republic,
neither a pure democracy as was Athens, nor a pure capitalist system first defined by
Adam Smith. The Declaration and the Constitution override our economic system, which
operates, theoretically and legally, under them. Both documents enumerate certain
God-given, unalienable rights. These rights include the right to property, according to
Locke, which Jefferson broadened in the Declaration as happiness. These rights were
incorporated in the Constitution as "life, liberty, or property" in the Fifth Amendment and
later repeated in the Fourteenth. Zoning and future land use planning are our way of
protecting the rights of all property owners—both those who are already dwelling in
homes as well as those who want to build commercially. Thus, capitalism and
competition are secondary and should not determine our zoning decisions alone,
because the right to property and happiness in our founding and framing documents
take precedence. They guarantee quality of life. Unfortunately, the majority vote at the
Barnett Rezoning Hearing did not consider our unalienable rights. The Motion to
60 February 14, 2023
Approve, voted on favorably by three Supervisors, says the rezoning request is "good
zoning practice," which is inaccurate factually, much less analytically. Everything from
current zoning to Future Land Use Designations to surrounding residential properties to
limited traffic infrastructure proclaims residential. The County has repeatedly stated,
even by Supervisor North at the Hearing, that we need more residential development.
The Motion to Deny actually portrays the reality: the rezoning request "Is inconsistent
with the purpose and intent of the County's adopted comprehensive plan and good
zoning practice." And if "need" is not a factor in rezoning decisions, then someone
should have told that to the Economic Development Department under Jill Loop,
because her assessment that the Barnett project will be "providing new retail shopping
opportunities for residents" is all about need, however preposterous. From the
standpoint of need, the adverse impact of this vote is broader than on those who will live
and travel in the grocery store's vicinity. By preventing residential development at this
site, this vote will deprive numerous County residents of needed housing opportunities.
But at least they will now have three grocery stores within two minutes of each other. In
community planning, accurately assessing need, realistically evaluating infrastructure,
and preserving established neighborhoods are paramount. To make zoning decisions in
favor of commercial developers, when the facts are contrary and point to the opposite
conclusion, is to govern according to the benefit of special interests, not County
residents. It is socialism, not capitalism, and, as such, counter to the American system
of government."
IN RE: REPORTS
Supervisor Mahoney moved to receive and file the following reports. The
motion was seconded by Supervisor North and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Statement of Treasurer's Accountability per Investment and Portfolio
Policy as of December 31, 2023
4. Statement of Treasurer's Accountability per Investment and Portfolio
Policy as of January-31, 2023
5. Proclamation signed by the Chairman — Congenital Heath Disease
Awareness Week
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
February 14, 2023 61
Supervisor Radford stated in Mr. Caywood's weekly report last week, he
showed a video of Development and Community Planning Departments; he appreciated
Richard highlighting them. He commented on Bob Atkinson and Denise Sowder and
how he appreciates both. He then stated he has been getting a lot of calls, emails and
texts from citizens about the tax rate and the impact on their ability to pay. The Board
will be taking a look at.
Supervisor Peters added to piggy-back to what Supervisor Radford
mentioned about the tax rate. He sits in the public every day and anyone who says they
have trouble getting to him, he finds it funny because it isn't hard to find me on Hardy
Road in Vinton, but he has had a lot of conversations with citizens in Mt. Pleasant, the
Bonsack area and of course the ones in the Vinton area. He has talked to a lot of
people and so he started thinking about the fact that is has been about 15 years since
we reduced the tax rate in Roanoke County. He thought about what has taken place in
those 15 years; a lot of good things have happened. The County has maneuvered very
well through a recession, though the COVID issues we experienced a few short years
ago. We bolstered the County pay, especially for our public safety. He is proud to say
this Board has stood beside our public safety when it wasn't "cool." He is glad that we
have done that. We have continued building County buildings and our schools, but then
when he looks at the last ten years where we went from borrowing $10 million annually
to in 2027, we will be borrowing $20 million annually. The last two (2) years we have
had substantial surpluses at the end of each year and last year, we had $12 million,
roughly, that we still have not spent, which is why he voted no on amending our current
budget when he feels we have surplus monies rather than amending budgets. He is not
in favor of amending budgets mid-year. We do work for our citizens and think to this
point we have done the right thing. We have maintained our buildings. We have
increased public safety. We have done what we have to do to keep out citizens safe.
Now, he believes it is time we give back to our citizens. We have put forth a debt plan
that will take on the $20 million. We know the operational costs of adding 18 more
firefighters, which is currently in our budget. He is here to say that he is hearing form
out citizens; he projects we are going to reap about $11 million more in real estate
revenue. He projects probably about $8 to $9 million in personal property. We heard
from Steve Elliott earlier that about all of our categories, cigarette tax, personal property,
real estate, everything is above budget. He would like to see what a budget would look
like if we reduce the real estate tax by five cents and personal property 20 to 30 cents.
It is by his estimation that would be less than $10 million. Roanoke County would still
have more than.$10 million in new surplus to continue to provide the services to the
County. He does not know if it will work, but he is had enough conversation and going
over these figures with the constituents that he represents that he thinks we owe it to
them to make sure that we are looking at it. As he has shared with all of them, after he
reviewed the information, to this point we have done a fantastic job. Our staff has done
a fantastic job, our employees are doing a fantastic job, but when you start having that
much of surplus year after year, he thinks we are dipping too much into the pockets of
62 February 14, 2023
our citizens and as the inflation report came out again this morning, they are taking
home less of their pay because they are having to spend it on the items to keep their
families afloat.
Supervisor North stated he was going to talk about the tax situation on
more of a generic levels. Basically, he has responded to folks that have called him,
written to him, appreciating their concern on their own assessments. His went up too
this year and none of us on the Board were immune to that. As he indicated to some of
the folks, we are not going to make a determination on real estate taxes until April 11 to
Between now and then, we are going to work with staff, analyze the many budget needs
and what steps are responsible to address their concerns; not only in the real estate
arena, but also personal property. So, we will be looking forward to those dialogs and
conversations. A couple of folks, and he went and checked their numbers, one person's
went up $900, more taxes; another $768 and so there are substantial amounts on the
real estate. We need to do something and he is sure we will .do something in the
direction of lower tax rates. In General Assembly news, bills are falling on the floor; if
you went down there with 15, you might be lucky to have one or two left. In the next two
weeks, they are going to try to negotiate a new budget amendment to the existing
budget. 181 improvements, the Senate says $250 million, but does not say where along
the corridor of 181, the House versions says $150 million, between exits 150 and 143,
and as you know the SmartScale project failed where we tried to get $300 million plus
repair to make it three lanes between Ironto and. Salem. So, something is going to
happen. He believes $150 million is additional money needed to complete the projects
from 150 and 143. Look at what inflation has done to our interstate and other roads.
The Catawba bill that Chairman Hooker and he has been following comes before the
Senate Education Committee at 8:00 a.m. this Thursday. We have lobbied quite hard;
thank you Mr. Lubeck for contacting the influential people on. the Senate Education
Committee. The Alleghany Regional Commission has also done the same. It looks like
they are only going, to give us $15 million if it passes and stays in the budget for
planning going forward and we called for a joint meeting of the Regional Commission
and other CEO's and:.chairs throughout the valley to come up sometime in March, we
hope, to find out we can contribute, not only from the opioid authority, but also from the
monies coming in from the different localities because he is sure the General Assembly
is looking for some, skin in the game next year when this comes back up.to get full
funding, which is probably about another $130 million just for Phase. I. Lastly, as he
was pursuing through the details, he found a $20 million budget item that was put in by
the House on a bipartisan basis by. Senator Lucas and two delegates and it was
bipartisan because of the delegates.was republican and the other;democrat to fund $20
million.:for the Chesapeake, Norfolk and Portsmouth CTE school. We are going to
following this closely because what is going to happen, it that succeeds and he thinks it
probably will, we are going to use that as a template to share with our schools to come
back next year and try to do the same thing. Our CTE school is going to have a
regional flavor.
February 14, 2023 63
Chairman Hooker recessed to the 3rd floor at 4:04 p.m. for work session.
IN RE: WORK SESSIONS
1. Work session to provide the Board of Supervisors with an
Economic Update (Dr. Alice L. Kassens, Professor of Economics
for Roanoke College)
Dr. Kassens provided a PowerPoint presentation.
The work session was held from 4:16 p.m. until 5:02 p.m.
2. Work session to review with the Board of Supervisors fiscal year
2023-2024 projected General Government Fund operating budget
revenues and review updates to the County of Roanoke Fee
Compendium (Steve Elliott, Budget Administrator; Laurie
Gearheart, Director of Finance and Management Services)
Ms. Gearheart and Mr. Elliott provided the PowerPoint presentation. Ms.
Gearheart went into more detail regarding the surplus.
The work session was held from 5:07 p.m. until 5:48 p.m.
IN RE: ADJOURNMENT
Chairman Hooker adjourned the meeting at 5:49 p.m.
b itted by: Approved by:
,110
D- : : .h C. Jac r Martha B. Hooker
Chief Deputy CIo the Board Chairman
64 February 14, 2023
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