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HomeMy WebLinkAbout2/28/2023 - Regular February 28, 2023 55 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 February 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 Jeff Allen of Parkway House of prayer provided an invocation. 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: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Peter Lubeck withdrew item H-2 - The petition of Sovereign Grace Community Church, Inc. to obtain a special use permit for religious assembly located on approximately 1.29 acres of land zoned C-2, High Intensity Commercial District, located at 4167 Electric Road, Cave Spring Magisterial District. There were no objections. February 28, 2023 56 IN RE: NEW BUSINESS 1. Resolution approving an interim Agreement between Roanoke County and G&H Contracting, Inc. regarding pre-construction services for the Bonsack fire station (Peter S Lubeck, County Attorney) Mr. Lubeck outlined the request for resolution. Also, in attendance were George Assaid, Capital Projects Administrator, and Heath Honaker, Purchasing Division Director. Mr. Lubeck noted that the reference to exhibit 8 should be to exhibit 4. Supervisor North asked for a timeline of completion with Mr. Assaid advising it should be a twelve (12) month construction process and are looking at July 2024 for occupancy. Supervisor Radford asked if this was preconstruction services that you give us before the hard contract with Mr. Assaid responding in the affirmative, noting they could come back with another interim agreement. Supervisor Radford then asked if a site engineer has been selected with Mr. Assaid responding that is part of Hugh and Associates. RESOLUTION 022823-1 APPROVING AN INTERIM AGREEMENT BETWEEN THE COUNTY AND G&H CONTRACTING, INC. REGARDING PRE-CONSTRUCTION SERVICES FOR THE BONSACK FIRE STATION WHEREAS, at the County Administrator’s direction, a request for proposals pursuant to the Public-Private Education Facilities and Infrastructure Act (PPEA) was issued for the construction of a new County fire station which will be located at 1465 Mexico Way, NE in the City of Roanoke, which fire station shall be known as the Bonsack Fire Station; and WHEREAS, following the receipt of proposals, the Board, on October 20, 2022, held a public hearing to receive citizen comments on such proposals, as required by the County’s adopted PPEA Guidelines; and WHEREAS, following the process of competitive negotiation, County purchasing staff selected G&H Contracting Inc. as the party with whom to pursue the design and construction of the Bonsack Fire Station; and WHEREAS, pursuant to the County’s PPEA Guidelines, the Board of Supervisors must approve any interim or comprehensive agreement entered into pursuant to the PPEA between the County and a private entity; and WHEREAS, it is proposed that the County enter into an interim agreement with G&H Contracting, Inc., for pre-construction services, which includes, among other services, site plan design, site permitting review and approvals, and building design development for the Bonsack Fire Station; and February 28, 2023 57 WHEREAS, following the completion of the services outlined in the interim agreement (which is anticipated to be in June or July 2023), it is expected that the Board will be again be asked to approve a comprehensive agreement for the construction of the Bonsack Fire Station. NOW, THEREFORE, BE IT RESOVLED by the Board of Supervisors of Roanoke County, that 1. The County Administrator, Deputy County Administrator or Assistant County Administrator is authorized to execute the proposed interim agreement with G&H Contracting, Inc., for pre-construction services for the Bonsack Fire Station, which shall be approved as to form by the County Attorney. 2. This resolution shall be effective upon its adoption. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None 2. Resolution approving Roanoke County’s participation in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directing the County Attorney and/or the County’s outside counsel to execute the documents necessary to effectuate the County’s participation in the settlements (Peter S Lubeck, County Attorney) Mr. Lubeck outlined the request. Supervisor Peters asked what would happen if we do not accept. Mr. Lubeck advised first of all we would not be entitled to the benefit of the settlement and would be considered in active litigation with this defendant. Secondly, if 100% participation is not received, the payments will be stretched out over a number of years at a lower rate. Supervisor Hooker inquired if the money is regulated on how we can spend with Mr. Lubeck advising in the affirmative. RESOLUTION 022823-2 APPROVING ROANOKE COUNTY’S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST TEVA, ALLERGAN, WALMART, WALGREENS, CVS AND THEIR RELATED CORPORATE ENTITIES, AND DIRECTING THE COUNTY ATTORNEY AND/OR THE COUNTY’S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY’S PARTICIPATION IN THE SETTLEMENTS February 28, 2023 58 WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts the County by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by the County’s various departments and agencies; and WHEREAS, the County has been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of the County; and WHEREAS, the County has filed suit against Teva, Allergan, Walmart, Walgreens, CVS, and certain of their related corporate entities for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed the County; and WHEREAS, the County’s suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harms of the opioid epidemic; and WHEREAS, settlement proposals have been negotiated that will cause Teva, Allergan, Walmart, Walgreens, and CVS to pay billions of dollars nationwide to resolve opioid-related claims against them; and WHEREAS, the County has approved and adopted the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (the “Virginia MOU”), and affirms that these pending settlements with Teva, Allergan, Walmart, CVS, and Walgreens shall be considered “Settlements” that are subject to the Virginia MOU, and shall be administered and allocated in the same manner as the opioid settlements entered into previously with the Distributors and Janssen; and WHEREAS, the County’s outside opioid litigation counsel has recommended that the County participate in the settlements in order to recover its share of the funds that the settlement would provide; and WHEREAS, the County Attorney has reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel. NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, this 28th day of February 2023, approves of the County’s participation in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directs the County Attorney and/or the County’s outside counsel to execute the documents necessary to effectuate the County’s participation in the settlements, including the required release of claims against settling entities. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None February 28, 2023 59 IN RE: PUBLIC HEARING 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2022-2023 budget in accordance with Code of Virginia Section 15.2-2507. (Steve Elliott, Budget Administrator) Mr. Elliott outlined the request for public hearing. Chairman Hooker opened and closed the public hearing with no citizens to speak on this agenda item. IN RE: FIRST READING OF ORDINANCES 1. Emergency ordinance appropriating an additional $3,807,876.66 from the Roanoke County Public Schools' fiscal year 2021-2022 year-end funds to the fiscal year 2022-2023 Roanoke County Public Schools Budget (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) (Susan Peterson, Director of Finance for Roanoke County Public Schools) Ms. Peterson outlined the request for the emergency ordinance. There was no discussion. EMERGENCY ORDINANCE 022823-3 APPROPRIATING AN ADDITIONAL $3,807,876.66 FROM THE ROANOKE COUNTY PUBLIC SCHOOLS’ FISCAL YEAR 2021-2022 YEAR-END FUNDS TO THE FISCAL YEAR 2022-2023 ROANOKE COUNTY PUBLIC SCHOOLS’ BUDGET WHEREAS, § 22.1-100 of the Code of Virginia states that, at the end of each fiscal year, all unexpended public school funds that were derived from the funds of the local governing body shall revert back to the governing body, and that it is within the local governing body’s discretion to then reappropriate such funds back to the school budget for the next year; and WHEREAS, the County Board of Supervisors approved an ordinance on January 10, 2023 to reappropriate $61,460,835.43 to the Roanoke County Public Schools’ fiscal year 2022-2023 budget; and February 28, 2023 60 WHEREAS, upon preparation of the carryover budget entry, it was determined certain HVAC projects funded through ESSER grants were not included in the total carryover balance; and WHEREAS, an additional appropriation of $3,807,876.66 is requested for these unspent multi-year grant projects; 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 February 28, 2023, and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed an emergency measure pursuant to Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County School Board’s additional unexpended fiscal year 2021-2022 year-end funds in the amount of $3,807,876.66 are appropriated to the School Board’s fiscal year 2022-2023 budget. 2. An emergency is deemed to exist and this ordinance shall take effect upon its adoption. On motion of Supervisor Peters to adopt the ordinance as an emergency measure and waiving the second reading with a 4/5ths vote; seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None 2. Ordinance approving and authorizing an Amended Agreement with the City of Salem to allow Roanoke County to act as the Erosion and Sediment Control Authority and the Virginia Stormwater Management Program Authority for the West Roanoke River Greenway, Phase 1 (VDOT UPC No. 97171), located in the City of Salem and in the Catawba Magisterial District (Megan G. Cronise, Assistant Director of Planning) Ms. Cronise outlined the request for ordinance. There was no discussion. Supervisor Hooker’s motion to approve the first reading and set the second reading for March 14, 2023 was seconded by Supervisor Radford and approved by the following vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None February 28, 2023 61 3. Ordinance approving and authorizing an Agreement for construction and maintenance of the West Roanoke River Greenway Phase 1 (VDOT UPC No. 97171) Project with the City of Salem (Megan G. Cronise, Assistant Director of Planning) Ms. Cronise outlined the request for ordinance. Supervisor Hooker’s motion to approve the first reading and set the second reading for March 14, 2023, was seconded by Supervisor North and approved by the following vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None IN RE: SECOND READING OF ORDINANCES 1. 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 from capital reserves 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 an additional $226,426.15 from the County Capital Reserves with $47,426.15 going to the grant fund and $179,000 staying within the capital fund; For the purchase of two (2) ambulances for the Fire & Rescue Department and to complete the replacement of firearms for the Police Department (Laurie Gearheart, Director of Finance and Management Services) Ms. Gearheart outlined the request for ordinance noting some of the wording in the ordinance changes, but not the amount. Supervisor Mahoney noted it is good to spend other people’s money. He added he gives credit to staff for the grant funding. Supervisor North asked what brand of guns are we using today, with Chief Poindexter advising they are carrying Glocks and will be switching to Staccato. There was no further discussion. February 28, 2023 62 ORDINANCE 022823-4 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 FROM CAPITAL RESERVES 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 RE-ALLOCATING AN ADDITIONAL $226,426.15 FROM THE COUNTY CAPITAL RESERVES WITH $47,426.15 GOING TO THE GRANT FUND AND $179,000 STAYING WITHIN THE CAPITAL FUND; FOR THE PURCHASE OF TWO (2) AMBULANCES FOR THE FIRE & RESCUE DEPARTMENT AND TO COMPLETE THE REPLACEMENT OF FIREARMS FOR THE POLICE DEPARTMENT WHEREAS, it is the recommendation of Roanoke County Fire and Rescue Chief that the County acquire two (2) new ambulances, which are expected to cost $704,420 ($352,210 each); and WHEREAS, The Vinton Volunteer First Aid and Rescue applied for and received a grant of $170,081 from the Virginia Office of Emergency Medical Services (OEMS) Rescue Squad Assistance Fund (RSAF), with a required local match, to assist with the purchase of an ambulance; and WHEREAS, during the COVID-19 pandemic, the County submitted a request to be reimbursed for costs incurred by the County in response to the pandemic through the Federal Emergency Management Agency (FEMA), which is passed through the Virginia Department of Emergency Management (VDEM), and the amount reimbursed to the County was $216,831.85, which funds may be used for general government expenditures and capital needs. It is proposed that such funds also be used towards the purchase of the needed ambulances; and WHEREAS, the County was made aware of additional funding available through the Local Assistance and Tribal Consistency Fund (LATCF), a general revenue enhancement program providing additional assistance to eligible revenue sharing counties and eligible Tribal governments created as part of the American Rescue Plan Act. The County has been allocated $100,000, with the first $50,000 already received, and the second $50,000 to be paid in calendar year 2023, which monies can be used for programs, services and capital expenditures traditionally undertaken by a February 28, 2023 63 government and considered to fulfill a “governmental purpose,” and it is proposed that such funds also be used towards the purchase of the needed ambulances; and WHEREAS, During the fiscal year 2023-fiscal year 2032 Capital Improvement Program the County appropriated $200,000 to replace the Police Department issued firearms due to their life cycle reaching the end of expectancy as well as a history of issues with this weapon, and with the rising costs due to inflation and supply demands it has been determined additional funding in the amount of $179,000 is needed to complete the replacement. It is proposed that funds from the County’s capital reserves be reallocated to the capital fund for this expense; 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 February 14, 2023, and the second reading was held on February 28, 2023. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That in order to fund the purchase of two new ambulances for the Fire and Rescue Department: a. The sum of $170,081 from RSAF is accepted and appropriated to the Grant Fund. The County’s matching sum of $170,081 is reallocated from Capital Reserves to the Grant Fund. b. The sum of $100,000 from LATCF is accepted and appropriated to the Grant Fund. c. That the sum of $216,831.85 is accepted from VDEM and appropriated to the Capital Fund and then transferred to the Grant Fund. d. That the additional sum of $47,426.15 is reallocated from Capital Reserves to the Grant Fund. 2. That in order to complete the funding to purchase new firearms for the Police Department, the sum of $179,000 is reallocated from Capital Reserves to the Capital Fund. 3. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor North to adopt the ordinance, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None 2. 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) February 28, 2023 64 Mr. Elliott outlined the request for ordinance advising there were no changes since the first reading held on February 14, 2023. Supervisor Peters commented he did not support this two weeks ago and has a hard time supporting and amending the current budget when we have the $12 million of surplus the entire year for capital needs. He thinks there are better use of these funds than amending the current budgets. There was no further discussion. ORDINANCE 022823-5 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 GOVERNEMNT FUND WHEREAS, the County Administrator proposed the fiscal year 2023 operating budget on March 8, 2022; 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, as the Board of Supervisors amended the fiscal year 2023 operating budget on July 26, 2022 by Resolution 072622-2 following the adoption of the biannual Commonwealth of Virginia budget; and WHEREAS, County staff, in January 2023, have conducted a mid-year review of general government revenues; current revenues are trending above the revised and adopted budget, and a surplus is anticipated; and WHEREAS, it is proposed that the County’s 2022-2023 budget be amended and increased by $6,000,000; and WHEREAS, $500,000 will be appropriated for tax relief for the elderly and handicapped and disabled veterans, $500,000 will be appropriated for contracted repairs and $5,000,000 will be appropriated to the County’s Capital Fund; and WHEREAS, the first reading of this ordinance was held on February 14, 2023, and the second reading was held on February 28, 2023. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The County’s 2022-2023 Budget for general operating revenues and expenditures is amended and increased by the amount of $6,000,000. 2. The amount of $500,000 is appropriated for tax relief for the elderly and handicapped and disabled veterans. 3. The amount of $500,000 is appropriated for contracted repairs. 4. The amount of $5,000,000 is appropriated to the County’s Capital Fund. On motion of Supervisor North to adopt the ordinance, seconded by Supervisor Mahoney and carried by the following recorded vote: AYES: Supervisors Mahoney, North, Radford, Hooker February 28, 2023 65 NAYS: Supervisor Peters IN RE: CONSENT AGENDA RESOLUTION 022823-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H- 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 February 28, 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 4 inclusive, as follows: 1. Approval of minutes – October 25, 2023 2. The petition of Sovereign Grace Community Church, Inc. to obtain a special use permit for religious assembly located on approximately 1.29 acres of land zoned C-2, High Intensity Commercial District, located at 4167 Electric Road, Cave Spring Magisterial District (First reading of Ordinance and request for Public Hearing and Second Reading of Ordinance) 3. Request to accept and allocate grant funds in the amount of $22,500 from George Mason University, Center for Evidence Based Crime and Policy (CEBCP) for the purpose of funding annual officer wellness visits 4. Ordinance authorizing the release and vacation of existing waterline, temporary construction and drainage easements located on 0.933 acre +/- on property of Margaret O. Klapperich, Instrument Number 201507683, Tax Map #027.06-05-06.00-0000, Hollins Magisterial District (First reading of Ordinance and request for Second Reading) On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None A-022823-6.a A-022823-6.b IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS Mr. William Skaff of 4815 Farmington Place Court – Roanoke, Virginia 24018 provided the following February 28, 2023 66 Statement Rezoning and the Impact on Traffic Are traffic problems caused by mismanaged development along with an inadequate evaluation of traffic impact analysis? During the Barnett Rezoning Hearing, VDOT Resident Engineer Brian Blevins attempted a justification for the Wetherill study omitting Cave Spring Lane, with County guidance. Unfortunately, the conclusion does not follow from the premises. Given that Barnett identifies neighborhoods north and west as the primary customer base, that Cave Spring Lane is the collector street for this area, that it already carries two and a half times the traffic of McVitty Road late afternoon, Mr. Blevins concludes that residents will not have to use Cave Spring Lane “unless they’re going to this area to shop.” This is precisely why Cave Spring Lane should have been included in a study of the impact of a retail development. And why should this area be forced to use neighborhood roads instead of Cave Spring Lane, “other ways out of that neighborhood,” as Mr. Blevins put it, because of traffic congestion that will be caused by the grocery store? The question naturally comes to mind, is the Board contemplating any future development projects on Old Cave Spring Road or McVitty Road? Supervisor Peters gave as a primary reason for his vote that commercial development results in road improvements that would not otherwise occur. Supervisor Radford asked VDOT the status of the so-called “traffic improvement” project to straighten and widen McVitty Road and create a throughway with Old Cave Spring Road. Does McVitty Road need to have a constant flow of traffic for its properties to be viable for commercial projects? Is the addition of a lane to McVitty Road or a shoulder to Old Cave Spring Road necessary? Will the traffic congestion that will inevitably be caused by the Barnett grocery store force VDOT to proceed with the “traffic improvement” project? One thing is certain. The McVitty Road “traffic improvement” project is not a solution for the traffic problem on Old Cave Spring Road. In fact, it would only make matters worse. This project would make entry from Cave Spring Lane onto Old Cave Spring Road even more dangerous than it already is for vehicles on both streets, as the maneuver would be nearly impossible. The project would eliminate the stop sign at McVitty Road and Old Cave Spring Road that currently interrupts what would otherwise be a continuous flow of traffic. Right now, the stop sign gives Cave Spring Lane traffic an opportunity, however brief, to enter Old Cave Spring Road. Moreover, the increased traffic generated by any commercial developments on McVitty Road would simply increase queues and stacking on Old Cave Spring Road. Old Cave Spring Road has always been a country road. It has not evolved into a commercial traffic corridor, and was not designed for the traffic capacity required by commercial development. In point of fact, Old Cave Spring Road was never designed at all. Then Chairman Mahoney presented his aerial view of the County’s road system as a wagon wheel with spokes of four-lane highways suitable for commercial retail development. While a convenient abstraction, this high-altitude perspective can miss the reality on the ground. A mere 280 feet, or 8 February 28, 2023 67 percent, of the Barnett development’s site perimeter actually borders Brambleton Avenue. The grocery store is not located on Route 221. It is located on Old Cave Spring Road. If voting for increased tax revenue for the greater good of the County is the motivation—First, honoring the County’s zoning and Future Land Use Designations should take precedence over sacrificing this commitment to tax revenue. Second, during the past four years residential property assessments have increased more than three-and-a-third times that of commercial property assessments. Third, the tax receipts from a future residential development of expected size and quality at the desirable Barnett location would be considerable, and sufficient to forego this commercial development. And, fourth, in this country we do not sacrifice citizens’ well-being for the greater good, certainly not to benefit special interests, certainly not to have three grocery stores within two minutes of each other. This is a slippery slope, as citizens in socialist and totalitarian countries find out. IN RE: REPORTS Supervisor Peters moved to receive and file the following reports. The motion was seconded by Supervisor Mahoney 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. Comparative Statement of Budgeted and Actual Revenues as of January 31, 2023 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of January 31, 2023 5. Accounts Paid – January 31, 2023 rd Chairman Hooker recessed to the 3 floor at 3:41 p.m. IN RE: WORK SESSIONS 1. Work session to review with the Board of Supervisors the County Administrator's Proposed Fiscal Year 2024 - 2033 Capital Improvement Program (CIP) (Rebecca Owens, Deputy County Administrator; Laurie Gearheart, Director of Finance and Management Services) February 28, 2023 68 Ms. Owens provided an overview and turned the PowerPoint presentation over to Laurie Gearheart who went through the CIP budget by category. Supervisor Hooker inquired with regard to the housing study, is that the study that is also going to provide us some demographics going forward with our population. Philip Thompson, Director of Planning, stated his understanding is there is a separate demographics study that is being done with the School Board. He would image some of that information will get plugged in. Supervisor Hooker stated so this is a separate study. Mr. Blount, Assistant County Administrator, advised this is a part of the Board’s Strategic Plan. This was one of the initiatives under housing to take the previous study and to do an updated assessment for all different types of housing that is needed here in Roanoke County and give us some strategic direction moving forward. Supervisor Hooker asked if we were funding the school demographic study with Ms. Gearheart advising in the affirmative stating it is being funded from the current year. Supervisor Radford inquired under fire station improvements, does staff have that broken-down station by station with Ms. Gearheart advising that is the funding for additional fire stations in needed areas due to growth and high demand along with some major renovations that need to be done to make sure that we are staying compliant. Supervisor Radford this asked if any of the funds are for replacements. Mr. Blount advising, as a part of the 29 million, we do have an additional replacement station right now. It has been targeted for West County, but certainly that's going to be contingent upon the fire study that comes back here in a couple of months that will provide more direction as to strategically where we need to either have another station or have another capital project for an additional station outside of the Hollands that is currently planned in 10-years CIP. Supervisor Peters commented his thought is we're looking at the future CIPs for fire and rescue. Sure, we want to replace fire stations, but thinks we need to be more focused on where the needs are. We've talked in this room a number of times about what's happening here on 419 and what's happening. To him, that's more of a pressing issue than replacing an existing station because we're seeing where that growth is coming, we're seeing where the demand for calls. As Chief Griffith and I spoke prior to the meeting, our citizens are paying for this service and we need to make sure that it's in the best location for them and make sure that they're getting the most bang for their buck, whether it's to protect their life or to protect their property. So, I'm just one to five, but to me, it's more important to me to see where our growth is and how we could best utilize our capital funds to take care of that. He thinks our new stations will be a much smaller footprint than our existing. There'll be less capital maintenance and we'll need to maintain those smaller buildings as time moves on. But we need to make sure we'll put them in the right place. February 28, 2023 69 Mr. Caywood noted we will be looking at the existing footprint, the condition of what we have, staff and equipment. He wants to take a comprehensive look before we spend money. We need the best use of our funds. Supervisor Radford asked with regard to the jail roof replacement, looking and Commonwealth Attorney renovation and courthouse replacement. So, we did a study a couple of years ago, where we identified maintenance things that we need to do on all our structures. So is this being pulled from that document. Mr. Blount responded in the affirmative stating need new roof due to numerous leaks. Supervisor Radford then asked about CitiWorks if it was complete with Ms. Gearheart responding in the affirmative. What about continuing enhancements? Ms. Gearheart responded there will be an upgrade over the next year or so, not on immediate radar. Supervisor North commended about the format and presentation; this was one of the best, probably the best. He does think that the Bonsack fire station's in the right location. Anytime you can save a billion dollars in acquisition of land and improve the response time to almost 99%, it's in the right location in my mind. Supervisor Mahoney commented he like the format, approach, however, he is worried about the second column in the list that is fiscal year '25 to '33; particularly when you look at buildings and facilities, there are a lot of very large projects and expenses. While that is 10 years out, he does not believe we should be blind to the fact that that is going to be a very, very difficult fiscal problem for us to address. Whether it's this building or new fire stations, etc. as you go through the list, we're going to confront some real big headaches in the upcoming years, and I think some very difficult decisions, which obviously leads over into what he has observed over his time in the County, the capital maintenance. If we build these things, we have to maintain them. His fear is, at least from what he has seen in the past is it's so easy to cut maintenance when you have a difficult budget time and then you got to come back because the building is falling apart because we haven't maintained it. The roof is leaking or whatever. We haven't done what we should have been doing years ago. We have a lot of difficult issues to face for those projects. The work session was held from 3:53 p.m. until 4:20 pm. 2. Work session to review with the Board of Supervisors fiscal year 2023-2024 employee compensation and benefits and outside agency funding (Rebecca Owens, Deputy County Administrator; Richard L. Caywood, County Administrator) February 28, 2023 70 Ms. Owens started off the PowerPoint and introduce Elijah Daily, Director of Human Resources. So, in this budget we are recommending eight positions with all but one being primarily funded by the state. So, our first position that we would like to add this year is a planner one position to the planning department. We currently have two planners that conduct over 6,000 inspections annually. This position will enable the department to respond more quickly to any inquiries that we do receive from board members as well as improve the overall efficiency in resolving complaints and violations. The cost with benefits for this position is $72,941. Mr. Caywood explained that zoning complaints are the largest complaint that we have been experiencing. Supervisor Mahoney noted we adopt ordinance to have a beautiful, safe community. If we don’t enforce them, it is a waste of time. Ms. Owens explained the next position is one that the compensation board has actually added to our sheriff's department. It is behavioral healthcare case manager and it does add to the staffing compliment of the sheriff's office. The cost net cost to the county would be approximately $19,000. Next, Ms. Owens outlined the social services positions previously discussed with the Board at a prior work session. The total position cost to the County for those six positions would be approximately $55,000. Ms. Owens then reviewed the compensation and benefit assumptions. Mr. Elliott then went over the outside agency funding. The work session was held from 4:25 p.m. until 5:20 p.m. Chairman Hooker opened the evening session at 7:00 p.m. IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. The petition of Cellco Partnership d/b/a Verizon Wireless to 1) amend a proffered condition and 2) approve a special use permit for a broadcasting tower approximately 124 feet in height, on approximately 4.81 acres of land zoned C-2C (high intensity commercial district with conditions), located at 2918 Peters Creek Road, Catawba Magisterial District (Philip Thompson, Director of Planning) Mr. Thompson provided the Board with a PowerPoint presentation. Supervisor Mahoney stated he thought he recalled with some other broadcasting towers, in some instances there was a small building that was adjacent or nearby it and in looking at some of the documentation here, he did not see. Did he miss it? Mr. Thompson responded it is his understanding is there will be a cabinet for equipment and it will be in there 19 by 35 lease area. He thinks that is for additional cabinets of other carriers that would be allowed in the future. So, I think it will be contained within their lease area, but I'll let them verify. Supervisor Mahoney stated it is February 28, 2023 71 a minor issue, but is there sufficient space between the existing mini warehouses and the little driveway leading back to the stormwater pond. Mr. Thompson advised he will let the petitioner respond. Supervisor Hooker stated historically, Roanoke County has employed a specialist who will come in and verify the need. Was that done this time with Mr. Thompson responding in the negative advising our consultant with Atlantic Technology Consultants has passed away and we will need to find another provider. Charlie Alvis, the attorney for the petitioner, Verizon Wireless, provided a PowerPoint presentation. Supervisor Hooker asked the petitioner to speak to the need for this. Mr. Alvis responded the general answer is more people are using and the existing network is being stretched. They have determined this site is the best site for the network needs. Supervisor Hooker asked the petitioner to confirm that it will not have required lighting. Mr. Alvin responded in the affirmative. There was no further discussion. Supervisor Hooker opened and closed the public hearing with no citizens to speak on this agenda item. ORDINANCE 022823-7 1) AMENDING A PROFFERED CONDITION AND 2) APPROVING A SPECIAL USE PERMIT FOR A BROADCAST TOWER APPROXIMATELY 124 FEET IN HEIGHT, ON APPROXIMATELY 4.81 ACRES OF LAND ZONED C-2C (HIGH INTENSITY COMMERCIAL DISTRICT WITH CONDITIONS), LOCATED AT 2918 PETERS CREEK ROAD, CATAWBA MAGISTERIAL DISTRICT WHEREAS, Cellco Partnership d/b/a Verizon Wireless has filed a petition to 1) amend a proffered condition, and 2) obtain a special use permit for a broadcasting tower approximately 124 feet in height, on approximately 4.81 acres of land zoned C-2C (high-intensity commercial district with conditions), located at 2918 Peters Creek Road (Tax Map No. 037.13-04-02.01-0000), in the Catawba Magisterial District; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 7, 2023; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition; and WHEREAS, the first reading of this ordinance was held on January 24, 2023, and the second reading and public hearing were held on February 28, 2023. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board finds that the proposed amendment of the first previously proffered condition pertaining to the real property located at 2918 Peters Creek Rd (Tax Map No. 037.13-04-02.01-0000), in the Catawba Magisterial District, is consistent with February 28, 2023 72 the purpose and intent of the County’s comprehensive plan and good zoning practice, and will not be a detriment to the community. 2. The Board approves the proposed amendment to the first previously proffered condition as follows (all other existing proffered conditions shall remain in effect and without amendment): a. Site plan will be complied with as prepared by Byron R. Dickson and Tectonic Engineering Consultants, PC for five buildings and a broadcasting tower as shown on plans and use will be limited to mini-warehouse and broadcasting towers. 3. Further, the Board finds that the proposed special use meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance. 4. The Board further finds that the proposed special use is in conformance with the Roanoke County Comprehensive Plan, and will have a minimum adverse impact on the surrounding neighborhood and community. 5. The Board approves the special use permit for the 124 ft. broadcasting tower, located at 2918 Peters Creek Rd (Tax Map No. 037.13-04-02.01-0000), in the Catawba Magisterial District, with the following conditions: a. That the broadcasting tower be developed in substantial conformance with the concept plans for VZW – Westminster – Rawland prepared by Tectonic Engineering Concepts P.C., dated July 14, 2022, subject to any changes required during the comprehensive site plan review process. b. The broadcasting tower shall not exceed 124 feet in height. 6. This ordinance shall be in full force and effect thirty (30) days after its final passage. On motion of Supervisor Hooker to approve the ordinance, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None 2. The petition of Engineering Concepts, Inc. to obtain a special use permit for a water tank (major utility service) approximately 42 feet in height located on approximately 1.82 acres of land zoned AG-3, Agricultural/Rural Preserve District, located in the 2600 block of Summit Ridge Road, Hollins Magisterial District (Philip Thompson, Director of Planning) Mr. Thompson provided a PowerPoint presentation. February 28, 2023 73 Bobby Wampler, President of Engineering Concepts was in attendance for the petitioner. Supervisor North stated he felt this is necessary in order to move on with more housing in the Roanoke area, especially in the Hollins District in that area. He thinks it's a good step forward in that direction and will allow for more affordable housing for new visitors, new citizens and others that will wish to move up to in their housing transition. He stated he was in support of this petition. There was no further discussion. Supervisor Hooker opened and closed the public hearing with no citizens to speak on this agenda item. ORDINANCE 022823-8 GRANTING A SPECIAL USE PERMIT TO ENGINEERING CONCEPTS TO ERECT A WATER TANK ON APPROXIMATELY 1.82 ACRES OF LAND, ON PROPERTY ZONED AG-E (AGRICULTURAL RURAL/PRESERVE DISTRICT), LOCATED IN THE 2600 BLOCK OF SUMMIT RIDGE ROAD, IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, Engineering Concepts has submitted an application for a special use permit for a water tower (major service utility) approximately 42 feet in height, on approximately 1.82 acres of land zoned AG-3 (Agricultural Rural/ Preserve District), located in the 2600 block of Summit Ridge Road (Tax Map No. 039.00-01-01.04-0000), in the Hollins Magisterial District; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 7, 2023; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition; and WHEREAS, the first reading of this ordinance was held on January 24, 2023, and the second reading and public hearing were held on February 28, 2023. 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 meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance. 2. The Board further finds that the proposed special use is in conformance with the Roanoke County Comprehensive Plan, and will have a minimum adverse impact on the surrounding neighborhood and community. 3. The Board approves the special use permit for a water tank located in the 2600 block of Summit Ridge Road (Tax Map No. 039.00-01-01.04-0000), in the Hollins Magisterial District, with the following conditions: a. The site shall be developed in general conformance with the Development Plan for Summit Ridge Water System (Plan Sheet February 28, 2023 74 #5) prepared by Lumsden Associates, PC, dated February 14, 2007. b. The water tank shall not exceed 43 feet in height. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. On motion of Supervisor North to approve the ordinance, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Radford stated he wanted to speak to a rezoning that we had in his district a couple of months ago; one for a grocery store on Brambleton Avenue. We've had citizens coming in and giving information ever since we've had that and thinks it's time to talk from the perspective that our information needs to be heard. So tonight, in our earlier we heard from that resident again and he brought up information that VDOT engineer Brian Blevins spoke about the rezoning, the impact on traffic in the area. Based on that residence's comments, he sent a request to Brian Blevins with VDOT and he responded and he would just like to read what he said, if you'll bear with me. He mentioned during the zoning public hearing briefly that the neighbors have incorrectly used the speed study to compare with volumes in the traffic impact analysis. The speed study was never intended to count traffic and does not represent actual volumes on Cave Spring Lane. Cave Spring lane carries approximately 2,300 vehicles per day based on their 2021 traffic data. McVitty Road carries approximately 7,500 vehicles. Old Cave Spring Road carries approximately 8,400 vehicles per day. In VDOTs' opinion, it's not reasonable for them to require the developer and engineer to review the intersection because the volumes are lower and do not control the flow of traffic along the route to the development. In addition, it would not have any result any changes to the recommendations from the study or VDOT's concurrence. Mr. Blevins goes on to say in the email he does not believe it would degrade an operation significantly either section because there will be gaps in the traffic which would develop through the area even if cars didn't need to stop at the intersection any longer. So that's from Brian Blevins. Also, in the letter we heard today, the resident mentioned Supervisor Peters gave a primary reason for the vote that commercial development results in road improvements that would not otherwise occur. Well, let me give you a couple for instances. And Mr. Peters is correct. The Radford family bought a piece of property on the intersection of Wood Haven and Peters Creek in the early 90s that had no traffic light. The people when we went to rezoning, they were hollering at us because they could not make a left hand turn on the Peters Creek from Wood Haven. We went February 28, 2023 75 back to the tenant who was going to lease the property and we said we need to put a stoplight there. VDOT agreed. The tenant paid for half the stoplight. We had a happy outcome. And so, you are correct Mr. Peters, that rezoning resulted in improvement in road. The traffic flow through there. Again, it happened when we rezoned property over for Gander Mountain when they came in we put a stoplight in there, we improved the intersections. So, there is benefits to rezoning and it does get the attention. Also, the resident made comment that this property is not on Brambleton Avenue. Well, 280 feet of it is on Brambleton Avenue and he would assume, or looking at our staff, if that property is boarding Brambleton Avenue, he assumes that's going to be the address. So, he does not quite understand that. Anyway, that concludes my comments on the rezoning. He finished stating up that the voting on that between Planning Commission and Board of Supervisors was eight four to against. We don't look at this stuff ahead of time and have big conversations. We're all free and independent. We can think on our own and we can decide what's good and bad. And that's exactly what we did. Our vote on the board of supervisors was a little closer, three to two, but the aggregate is the Planning Commission looked at it also and they felt favorable and they voted 5-0. So that's where I'm coming up with eight to two on that rezoning. And one last comment, Happy Birthday to my wife. He will be home soon. Supervisor North stated he attended the Salem Roanoke County Chamber of Coffee February 17th at WDBJ Community Room with guest speakers Congressman Griffith and Klein. He shared the hope for potential future airport expansion and federal support for 90% funding from the FAA one day, whenever the airport expansion may become a reality. On February 21st, attended the Greater Williamson Road Area Business Association and heard our new police Chief Poindexter make his first public introductory message. He's going to share some of that with us in the future. But in all knowledge, he did a great job and it was over 114 people there in attendance. That Greater Williamson Road Area Business Association has really grown in the last five years. Also coming up in March, late March, probably March 22nd if that date works out, the Roanoke Valley Allegheny Regional Commission will gather for a discussion on the Catawba Hospital and the opioid grants and awards programs. So more on that is we move towards that meeting date and a report out after that. Supervisor Mahoney stated Roanoke County has sent out a whole series of letters to landowners along Starkey Road and Ogden Road. This is part of the 419 Town Center plan. Those letters have gone out and been notifying the property owners along there that we've hired a firm to do some surveying to look at what's possible out there. Then based on the surveys and the application of the Town Center plan, maybe have some further discussions with those property owners for some improvements. The second item, the County also put out a news release telling our citizens about the proposed construction of the roundabout at Starkey Road and Buck Mountain Road. The construction, we hope will start sometime in March and it may take almost a year and we hope it'll be completed by the spring of 2024. February 28, 2023 76 Third, Mr. Blunt and I were able to participate in the Zoom meeting back on February 22nd. We're trying to get our economic development department accredited so that Ms. Baker and her staff can brag and come to us hopefully in a month and talk about how they succeeded and are now accredited nationally as an economic development department. February 23rd, Mr. Cawood and he participated in the Airport Master Plan Advisory Committee. This is a process to try to communicate to the citizens in the area what's involved with this 20-year master plan that the airport is working on. This is going to deal with not just runways, but terminals and roadways and land use and general cargo and general aviation. This is very important for our region, not just for Roanoke County, but for the entire region. Airport is absolutely critical to our growth, our development and economic development in our region. Finally, on February 24th, Ms. Owens, Mr. Cawood and he attended the police graduation. It was the 64th class graduating for Roanoke County PD and the 84th class graduating for Roanoke City PD. And if you recall, we've had our training program with Roanoke County and Roanoke City Police departments. He thinks that fosters regional cooperation. It is a very positive step. There were four graduates for Roanoke County, a couple graduates from Roanoke County Sheriffs and was it five or six for Roanoke City PD? So, it was very positive. It was good class. He thinks it's important to see, despite everything that's happened over the last couple of years with respect to defunding police, our region does not believe in that. And you can see that with the great quality of the candidates that we have going to that graduation program. Supervisor Hooker thanked Mr. Mahoney for attending the graduation ceremony as she was out of town and unable to be there. She thinks it is important that we be there and appreciate what they are doing. She also attended the luncheon that Mr. North mentioned the Williamson Road Business Association luncheon. It was very impressive and I was really encouraged to see all those businesses come together and together better their environment and better their business culture there. She would love to see something like that organically started in the west part of Western part of Roanoke County, Rt. 11,460, let's gather those businesses together and let's talk to see how we can improve that culture and help foster new businesses. So, appreciate that. Number two, yesterday, last night she attended the 200-plan meeting for, Mason's Cove, Glenvar, and the Catawba areas. It was at Glenvar Middle School. We had 37 people there that attended and she would say it was a great success, good conversations, and people were still trying to digest all the material, all the information. But it was overall a great success. We'd like to encourage the citizens who are listening to consider coming to the remaining meetings. We have one tomorrow night at the Peters Creek. It's the Peters Creek community planning area tomorrow night, Green Ridge Rec Center, Bonsack, and Mount Pleasant Community Planning areas will be Monday, March 6th at the Vinton War Memorial and Windsor Hills community planning area will be meeting Wednesday, March 8th at Hidden Valley High School and Back Creek and Bent Mountain Community Planning areas Monday, March 13th at Bent Mountain Center. So, all of these meetings are an open house format from 4:30 to 6:30 February 28, 2023 77 PM. There was a short presentation about 5:00 PM. It lasted maybe 25, 30 minutes, but it was very good, very informative. And of course, you can learn more about it on our website at roanokecountyva.gov/200plan. So, thank you for that. Please consider attending. IN RE: ADJOURNMENT Chairman Hooker adjourned the meeting at 7:43 p.m. b itted by: Approved by: Jack Martha B. Hooker Chief Deputy Cl: o the Board Chairman February 28, 2023 78 PAGE LEFT BLANK INTENTIONALLY