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HomeMy WebLinkAbout6/27/2023 - Regular June 27, 2023 233 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 June 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, a moment of silence was observed. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman Hooker called the meeting to order at 7:00 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 Mr. Caywood asked to pull the closed session and certification resolution. There were no objections. 234 June 27, 2023 IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCE 1. The petition of Larry and Rhonda Conner to obtain a special use permit to operate a short-term rental on approximately 1.32 acres of land zoned R-1, Low Density Residential District, located at 5859 Bent Mountain Road, Windsor Hill Magisterial District (Philip Thompson, Director of Planning) Mr. Thompson outlined the request for special use permit. Ms. Conner was in attendance to answer any questions. Chairman Hooker opened and closed the public hearing with no citizens to speak on this agenda:item. There was no discussion. ORDINANCE 062723-1 GRANTING A SPECIAL USE PERMIT TO LARRY AND RHONDA CONNER TO OPERATE A SHORT-TERM RENTAL ON APPROXIMATELY 1.32 ACRES OF LAND ZONED R-1 (LOW DENSITY RESIDENTIAL DISTRICT), LOCATED AT 5859 BENT MOUNTAIN ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Larry and Rhonda Conner have filed a petition for a special use permit to operate a short-term rental on approximately 1.32 acres of land zoned R-1 (Low Density Residential District), located at 5859 Bent Mountain Road (Tax Map No: 096.01-04-19.00-0000), in the Windsor Hills Magisterial District; and WHEREAS, the first reading of this ordinance was held on May 23, 2023, and the second reading and public hearing were held on June 27, 2023; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 6; 2023; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition to obtain a special use permit, with one condition; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, 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 special use permit is hereby approved, with the following condition: a. The number of overnight guests shall not exceed eight (8) people. June 27, 2023 235 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. On motion of Supervisor Radford 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 Parker Design Group, Inc. to obtain a special use permit for religious assembly on approximately 2.91 acres of land zoned C-2, High Intensity Commercial District, located on Oakland Boulevard between 233 Hershberger Road and 4843 Oakland Boulevard, Hollins Magisterial District (Philip Thompson, Director of Planning) Mr. Thompson outlined the request for special use permit. Jack Ellenwood representing the petitioner from Parker Design Group gave a brief overview. Supervisor North inquired with regard to part one and Part two, that is the timeline on those. Mr. Ellenwood responded they are ready to begin the first phase; but have not established a timeline. Chairman Hooker opened and closed the public hearing with the following citizens to speak on this agenda item: Stan Hale of 1016 Old Country Road stated, "Once again, I stand before you this time overjoyed due to the favorable vote reached in the last meeting regarding the Buddha Mountain Center proposed development and the prospected office of enhanced social relations for anyone willing to open themselves up to such a facility. Furthermore, I urge you each to reach out personally and allow your perspective to broaden and experience for yourself the transformational power of this dynamic group, their culture and particularly their belief systems, which I hesitate to consider a religion, but a more mindful and enlightening serene way of life for anyone who chooses to engage in such a facility as proposed. Again, I offer my sincere thanks in advance for the thumbs up on this well-intentioned and high-minded project. Thank you." Camha Tran of 5226 North Lake Drive in Roanoke stated, "I am a member of person Buddha Mountain Center. I'm here tonight. I'm speaking for myself and the person member and some of Vietnamese in this community. I'm grateful to say that I was the member of the [inaudible] temple and as well as the Vietnamese community have grown to the point that we require a new temple. The temple that we are currently are gathering for the occasion is on the flourish road is so small now, is no longer effectively serve the communities. So, therefore the new temple would not only serve at the playful worship, it's also a community center, a place to celebrate, to spread the Vietnamese cultural for the greater community as well as to continue educating our communities on the practice of Buddhism. So, by expanding the private practice to 236 June 27, 2023 another bigger, newer location could be able to continue hosting events and teaching the public, cultural and Buddhist practice, which our younger generation really need because they come here and we are adopting our Latin America, but we still want them to learn a little bit our heritage and our religious. The Buddha Practice promotes ideas such that family, peace, harmony, and love. And we believe that this new temple will add a sense of safety and peace to the neighboring area. In addition, Buddhism have taught her to love and enjoy the nature and appreciate the nature. So, allowing to build a new temple will turn this empty lock into a beautiful building and a beautiful facility and in the area that people can come and enjoy and practice meditation and to relax, so they can enjoy their working days and become a more productive member of society. So, we respectfully asked the Roanoke County Board of Supervisor to approve the building of this new temple so we can have a safe play for our community to practice our faith and appreciate our culture. Thank you very much." Supervisor Radford stated he noticed they are not going to install the stormwater facility until phase two. So, are you just going to surface feed the water phase one? Is that you're plan? Mr. Ellenwood responded there's a possibility we'll develop the pond early on depending upon the size of acreage we disturb. Yeah. We would either discharge or surface discharge. The plan would be because the mindset is developing landscaped garden areas, we would probably look at any treatment that 111 eventually comes along. Maybe a bio retention facility or something like that, or grass line ditches. Supervisor Radford responded, yes, he just noticed in all the parking and then the comment just developing the stormwater after phase two, I'm sure development review will calculate how much all that is, whether you need to bring it up early online or not. There was no further discussion. ORDINANCE 062723-2 GRANTING A SPECIAL USE PERMIT TO PARKER DESIGN GROUP, INC. FOR RELIGIOUS ASSEMBLY ON APPROXIMATELY 2.91 ACRES OF LAND ZONED C-2 (HIGH INTENSITY COMMERCIAL DISTRICT), LOCATED ON OAKLAND BOULEVARD BETWEEN 233 HERSHBERGER ROAD AND 4843 OAKLAND BOULEVARD, HOLLINS MAGISTERIAL DISTRICT WHEREAS, Parker Design Group, Inc. has filed a petition for a special use permit for religious assembly on approximately 2.91 acres of land zoned C-2 (High Intensity Commercial District), located on Oakland Boulevard between 233 Hershberger Road and 4843 Oakland Boulevard (Tax Map Nos: 038.15-01-06.01-0000 and 038.15- 01-07.01-0000), in the Hollins Magisterial District; and WHEREAS, the first reading of this ordinance was held on May 23, 2023, and the second reading and public hearing were held on June 27, 2023; and June 27, 2023 237 WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 6, 2023; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition to obtain a special use permit, with two conditions; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, 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 special use permit is hereby approved, with the following conditions: a. The site shall be developed in general conformance with the concept plans for Chua Phat Son Buddha Mountain Center prepared by Parker Design Group, Inc. dated April 14, 2023 and Lemole Architects dated April 4, 2023 subject to any changes required during the comprehensive site plan review process. b. The temple shall be constructed in substantial conformance with the architectural renderings titled Chua Phat Son — Buddha Mountain Center prepared by Lemole Architects dated April 4, 2023, subject to any changes required during the building plan review process. 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 3. Ordinance amending Article II (Definitions and Use Types), Article III (District Regulations), and Article IV (Use and Design Standards) of the Roanoke County Zoning Ordinance (Philip Thompson, Director of Planning) Mr. Thompson outlined the amendments to the zoning ordinance. Chairman Hooker opened and closed the public hearing with no citizens to speak on this agenda item. There was no discussion. 238 June 27, 2023 ORDINANCE 062723-3 AMENDING ARTICLE II (DEFINITIONS AND USE TYPES), ARTICLE III (DISTRICT REGULATIONS), AND ARTICLE IV (USE AND DESIGN STANDARDS) OF THE ROANOKE COUNTY ZONING ORDINANCE WHEREAS, on February 14, 2023, the Board of Supervisors adopted a resolution directing the Planning Commission to study and provide recommendations on potential amendments to Roanoke County's cluster subdivision ordinance; and WHEREAS, on March 14, 2023, the Board of Supervisors adopted a resolution directing the Planning Commission to study and provide recommendations on potential amendments to the industrial use type definitions in Section 30-29-6 of the Roanoke County zoning ordinance; and WHEREAS, planning staff has worked with the Planning Commission and other County staff to develop proposed amendments to Roanoke County's zoning ordinance on the issues requested by the Board of Supervisors; and WHEREAS, planning staff and the Planning Commission propose amendments to Roanoke County's zoning ordinance on the issues requested by the Board of Supervisors, as well as other amendments regarding commercial kennels, multiple dog permits, and home occupations; and WHEREAS, the proposed amendments would make the following changes to the County's zoning ordinance: • Add a definition for"data center" in Article II (Definitions and Use Types); • Amend the definitions of "multiple dog permit" and "commercial kennel" in Article II (Definitions and Use Types); • Amend the definition of "industry, type I" in Article II (Definitions and Use Types); • Add "single family dwelling, attached (cluster subdivision option)" and "single family dwelling, detached (cluster subdivision ordinance)" as permitted uses in the AR (Agricultural/Residential) District in Article Ill (District Regulations); • Amend the use and design standards for "home occupations, type I and type II" in Article IV (Use and Design Standards); • Amend the use and design standards for "single family dwelling, attached (cluster subdivision option)" and "single family dwelling, detached (cluster subdivision option)" in Article IV (Use and Design Standards); and • Amend the accessory uses for industrial use types. in Article IV (Use and Design Standards); and WHEREAS, on June 6, 2023, after proper notice, the Roanoke County Planning Commission held a public hearing on the proposed amendments to the Zoning Ordinance and recommended said amendments to the Board of Supervisors for adoption; and June 27, 2023 239 WHEREAS, public necessity, convenience, general welfare, and good zoning practice are valid public purposes for such recommendations by the Planning Commission and action by the Board of Supervisors; and WHEREAS, the first reading of this ordinance was held on June 13, 2023, and the second reading and public hearing were held on June 27, 2023. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke as follows: 1. The Roanoke County Zoning Ordinance is hereby amended to read and provide as follows: ARTICLE II — DEFINITIONS AND USE TYPES SEC. 30-28. DEFINITIONS. Data Center: A facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Such facility may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a data center. SEC. 30-29. USE TYPES; GENERALLY. Sec. 30-29-2. Residential Use Types. Multiple dog permit: The keeping, tee raising, showing or training of four (4) or more dogs over four (4) months of age for personal enjoyment of the owner or occupants of the property . Sec. 30-29-5. Commercial Use Types. Kennel, commercial: The boarding, breeding, raising, grooming or training of two (2) or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises adiet for commercial gain. Sec. 30-29-6. Industrial Use Types. Industry, Type I: Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Included would be the assembly of electrical appliances, electrical components, components used for energy, biotechnology or automotive uses, data centers, bottling and printing plants, 240 June 27, 2023 and the manufacturing of paint, oils, pharmaceuticals, cosmetics, bakery goods, dairy products, perfumes, fruit, vegetable, food and tobacco products, solvents and other chemical production of items made of stone, glass, metal or concrete. This definition includes the further processing of meat products and the manufacturing, compounding, processing, packing or treatment of articles (of sizes less than four hundred (400) cubic feet) of merchandise of raw, secondary or partially completed materials. ARTICLE III — DISTRICT REGULATIONS SEC. 30-34. AR AGRICULTURAURESIDENTIAL DISTRICT. Sec. 30-34-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 2. Residential Uses Single Family Dwelling, Attached (Cluster Subdivision Option) * Single Family Dwelling, Detached (Cluster Subdivision Option) * ARTICLE IV — USE AND DESIGN STANDARDS SEC. 30-82. RESIDENTIAL USES. Sec. 30-82-3. Home Occupations, Type I and Type II. (B) General Standards: 11. Pet breeding may be allowed as a home occupation. It shall be limited to the selling of no more than twenty (20) dogs, cats or other household pets per year. The animals shall be owned by the permanent residents of the dwelling. Any animals associated with this permitted home occupation must be housed indoors. 12. All home occupations shall be required to obtain a Roanoke County Business License from the Commissioner of the Revenue. Sec. 30-82-13.1. Single Family Dwelling, Attached and Detached (Cluster Subdivision Option). June 27, 2023 241 (B) Applicability. 1. Cluster subdivisions proposed in accordance with the standards contained herein shall be a permitted use by-right in AR, R-1, R-2, R-3 and R-4 zoning districts, except that cluster subdivisions shall not be permitted within planned residential subdivisions as defined in section 30-28 of the county zoning ordinance. (C) General standards. 1. Minimum tract size of the cluster subdivision: Ten (10) Five (5) acres. 4. Allowable density and minimum public street frontage requirements shall be based on the amount of minimum open space provided as outlined in the table below. : • . Minimum 25% of the 30% of the 35% of the 40% of the 45% of the Open Space gross gross gross gross gross acreage of acreage of acreage of acreage of acreage of the tract the tract the tract the tract the tract Minimum 50 feet 45 feet 40 feet 35 feet 30 feet Public Street Frontage Allowable 5.0 units per 5.5 units per 6.0 units per 6.5 units per 7.0 units per Density acre acre acre acre acre (D) Lot;andsetback i.ncl-frentc.ge requirements. 1. There shall be no minimum lot area or setback requirements, however, the normal front, rear,nd or side yard setback requirements must be maintained adjacent to any lot, or portion thereof, or existing public street right of way not within the proposed cluster development. 2. Lots shall front on a publicly owned and maintained street except as modified by section 30- 82-13.1(F). (E) Open space and conservation area requirements. 1. Minimum open space: Forty five (15) Twenty-five (25) percent of the gross acreage of the tract. ^ eoncorvation aroae equaling or oxcooding fifty (50) percent, no moro than 4. A sidewalk, greenway, or trail stial4 may be provided to and through the provided open space or conservation areas except for the following areas: a. Environmentally sensitive areas that may include locations of species listed as endangered, threatened or of special concern; 242 June 27, 2023 historic structures and sites; delineated wetlands or riparian zones outside the FEMA study area; b. Unsafe areas including but not limited to sink holes, cliffs and areas prone to rock slides; and c. Other areas if approved by the zoning administrator. The location of any such trail shall be clearly marked, and the trail shall be constructed of a surface material that is appropriate to the terrain, and distinguishable to the user. 76. Historic structures or sites may be included in open space or conservation areas. . No building, building addition, structure, stormwater management area, street, driveway, parking area or any other type of physical land improvement shall be located within a required conservation area. Notwithstanding the above, gazebos, benches, or other sitting areas and trails may be developed in, and historic structures may be located within, conservation areas. . During the site review process, the Zoning Administrator shall consider the appropriateness of open space and conservation area configuration in terms of such factors as location, size, shape and topographic characteristics. SEC. 30-88. ACCESSORY USES AND STRUCTURES. Sec. 30-88-6. Accessory Uses: Industrial Use Types. (A) Industrial use types may include the following accessory uses, activities or structures on the same site or lot: 5. Incidental retail sale of goods associated with the industrial use type, provided the square footage does not exceed ten (10) percent of the gross floor area or three thousand (3,000) square feet, whichever is less. 7. Other uses and activities neccssarily and customarily associated with June 27, 2023 243 . Construction office or trailer associated with active construction on a site. A construction office or trailer shall be removed from an active construction site within 30 days of issuance of the final certificate of occupancy for the project. Micro wind energy systems that project no more than fifteen (15) feet above the highest point on the structure and complies with the height requirement of the zoning district. 9. Additional accessory uses not listed above in a building with a permitted principal use and occupying not more than twenty (20) percent total of the floor area of such building. 2. That this ordinance shall be in full force and effect from and after its adoption. On motion of Supervisor Peters to approve the ordinance, seconded by Supervisor Mahoney and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None IN RE: CONSENT AGENDA RESOLUTION 062723-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM E- 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 June 27, 2023, designated as Item E- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 10 inclusive, as follows: 1. Approval of minutes — March 28, 2023 2. Ordinance approving an intergovernmental agreement for operation of the Regional Center for Animal Care and Protection (Second Reading) 3. Ordinance authorizing an Agreement with the City of Roanoke to authorize the City of Roanoke to act as the Erosion and Sediment Control Authority and Stormwater Management Program Authority for the Glade Creek Stream Restoration Project (Second Reading) 4. Ordinance accepting funds in the amount of $312,504 from the Virginia Department of Criminal Justice Services, and appropriating such funds for use by the Roanoke County Police Department for school resource officers (Second Reading) 244 June 27, 2023 5. Ordinance authorizing the execution of a Memorandum of Understanding with Blue Ridge Behavioral Healthcare and other local government entities governing the MARCUS Alert Program for the Roanoke Valley (Second Reading) 6. Ordinance accepting and appropriating $339,000 from the Virginia Department of Criminal Justice Services (DCJS) to the Roanoke County Police Department for Law Enforcement Equipment (First Reading and request for Second Reading) 7. Ordinance accepting and appropriating $170,680 in grant funding from the Virginia Department of Emergency Management (VDEM) and $88,140.30 from the Regional Center for Animal Care and Protection for the purchase and installation of an emergency generator at the Regional Center for Animal Care and Protection Animal Shelter (First Reading and request for Second Reading) 8. Ordinance accepting $280,000 from the U.S. Department of Transportation and appropriating such funds to the grant fund; and accepting $18,333 from Botetourt County and appropriating such funds to the grant fund; and accepting $4,434 from the Town of Vinton and appropriating such funds to the grant fund; and reallocating $47,233 from fiscal year 2023 Planning Department operating funds to the grant fund and to develop a Comprehensive Safety Action Plan for Roanoke County, Botetourt County and the Town of Vinton as part of the safe streets and roads for all discretionary grant program (First Reading and request for Second Reading) 9. Ordinance approving easements and a memorandum of understanding with the Western Virginia Water Authority for sanitary sewer improvement projects at Starkey Park and C. Darrell Shell Park (First Reading and request for Second Reading) 10. Confirmation of appointment to the Roanoke County Local Finance Board and Parks, Recreation and Tourism Advisory Board (At-Large) On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Mahoney and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None ORDINANCE 062723-4.a APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR OPERATION OF THE REGIONAL CENTER FOR ANIMAL CARE AND PROTECTION June 27, 2023 245 WHEREAS, Virginia Code § 3.2-6546 requires the governing body of each county or city to maintain or cause to be maintained a public animal shelter; and WHEREAS, Virginia Code § 3.2-6546 allows one or more local governing bodies to contract for the establishment of a public animal shelter in conjunction with one another; and WHEREAS, the governing bodies of Roanoke City, Roanoke County, and Botetourt have determined that it is in the best interest of all three localities to operate a single public animal shelter, and to enter into a regional agreement for the operation of such; and WHEREAS, §15.2-1300 of the Code of Virginia requires that agreements for the joint exercise of powers by political subdivisions be approved by ordinance; and WHEREAS, the first reading of this ordinance was held on June 13, 2023, and the second reading was held on June 27, 2023. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board hereby approves the Regional Animal Shelter Agreement with Roanoke City and the County of Botetourt for the operation of a regional animal shelter. 2. The County Administrator, Deputy County Administrator or Assistant County Administrator, any of whom may act, are authorized to execute and deliver the Regional Animal Shelter Agreement. The form of the Regional Animal Shelter Agreement presented to the Board is hereby approved with such completions, omissions, insertions, and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof. 3. The County Administrator, Deputy County Administrator, or Assistant County Administrator, any of whom may act, are hereby authorized and directed to execute, deliver and record, as necessary, all other documents on behalf of the County and to take all such further action as any of them may deem necessary or desirable in connection with the establishment and operation of a regional animal shelter. 4. This ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None ORDINANCE 062723-4.b AUTHORIZING AN AGREEMENT WITH THE CITY OF ROANOKE TO ACT AS EROSION AND SEDIMENT CONTROL AUTHORITY AND STORMWATER MANAGEMENT PROGRAM .AUTHORITY FOR THE GLADE CREEK STREAM RESTORATION PROJECT 246 June 27, 2023 WHEREAS, the City of Roanoke is undertaking a stream restoration project on Glade Creek, which passes through both the City and the Vinton Magisterial District in the County; and WHEREAS the stream restoration project will occur in the City of Roanoke and in the Town of Vinton; and WHEREAS, the land disturbance activities will be necessary to effectuate the project; and WHEREAS, an Erosion and Sediment Control Permit and Stormwater Discharge Permit must be obtained prior to engaging in land-disturbing activities; and WHEREAS, the parties agree that since more than fifty percent of the land- disturbance activities will occur in the City, the City may act as the sole permitting authority for erosion and sediment control and stormwater discharge control, and the County is willing to delegate this authority to the City; and WHEREAS, the parties have prepared a written agreement to memorialize the terms and conditions for such delegation of authority with regard to this Glade Creek stream restoration project; and WHEREAS, Section 15.2-1300 of the Code of Virginia, 1950, as amended, requires that inter-governmental agreements involving joint exercise of powers, privileges or authority be accomplished by ordinance; the first reading of this ordinance was held on June 13, 2023, and the second reading was held on June 27, 2023. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the agreement between the County and the City of Roanoke with regard to delegation of erosion and sediment control and stormwater discharge control, as set forth in the above preliminary recitals, is hereby authorized and approved. 2. That the County Administrator, Deputy County Administrator or Assistant County Administrator is authorized to execute the agreement and other related documents on behalf of the County, and to take all such further action as any of them may deem necessary or desirable in connection with this project. The form of the agreement and any other such documents shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None June 27, 2023 247 ORDINANCE 062723-4.c ACCEPTING FUNDS IN THE AMOUNT OF $312,504 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES, AND. APPROPRIATING SUCH FUNDS FOR USE BY THE ROANOKE COUNTY POLICE DEPARTMENT FOR SCHOOL RESOURCE OFFICERS WHEREAS, the Virginia Department of Criminal Justice Services has awarded funding to the Roanoke County Police Department through the School Resource Officer Grant Program Fund for fiscal year 2024, in the amount of $312,504, with a required local match of$179,096 (for a total of$491,600); and WHEREAS, this grant has been awarded to fund the salaries and benefits of eight new school resource officers; and WHEREAS, the local match of $179,096 will come from police department personnel savings in the fiscal year 2024 operating budget, which funds have already been appropriated; and WHEREAS, the first reading of this ordinance was held on June 13, 2023, and the second reading was held on June 27, 2023. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, that 1) Funds in the amount of $312,504 from the Virginia Department of Criminal Justice Services are hereby accepted and appropriated to the grant fund, 2) The previously-appropriated local-match funds in the amount of $179,096 shall be transferred to the grant fund as needed, 3) All of such funds, totalling $491,600, shall be used by the Roanoke County Police Department to fund the salaries and benefits of school resource officers, and 4) This ordinance shall be effective upon its adoption. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None ORDINANCE 062723-4.d AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH BLUE RIDGE BEHAVIORAL HEALTHCARE AND OTHER LOCAL GOVERNMENT ENTITIES GOVERNING THE MARCUS ALERT PROGRAM FOR THE ROANOKE VALLEY WHEREAS, in 2020, the General Assembly established statutory requirements for a collaborative system known as the "Marcus Alert" to guide the response of law 248 June 27, 2023 enforcement officers and other public safety employees when responding to calls for service involving individuals experiencing behavioral health crises; and WHEREAS, local law enforcement agencies and E911 centers in Botetourt County, Craig County, City of Salem, City of Roanoke, Town of Vinton and Roanoke County have collaborated with Blue Ridge Behavioral Healthcare, the local community services board, to establish protocols and procedures for responding to calls for service for individuals experiencing a behavioral health crisis; and WHEREAS, such collaboration is . memorialized in a Memorandum of Understanding signed by authorized representatives of all localities and agencies; and WHEREAS, this collaboration among law enforcement, E911, and Blue Ridge Behavioral Healthcare is designed to improve the health, welfare and safety of citizens; and WHEREAS, Section 15.2-1300 of the Code of Virginia, 1950, as amended, requires that inter-governmental agreements involving joint exercise of powers, privileges or authority be accomplished by ordinance; the first reading of this ordinance was held on June 13, 2023, and the second reading was held on June 27, 2023. NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of Roanoke County, Virginia, that 1. The Memorandum of Understanding among Roanoke County, the Sheriff of Craig County, the Sheriff of Botetourt County, the Town of Vinton, City of Salem, City of Roanoke, and Blue Ridge Behavioral Healthcare and City of Salem for the Marcus Alert Program be approved. 2. That the County Administrator, Deputy County Administrator or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the execution of this Agreement, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None A-062723-4.e A-062723-4.f A-062723-4.g A-062723-4.h A-062723-4.i June 27, 2023 249 IN RE: REPORTS Supervisor Radford moved to receiveand file the following reports. The motion was seconded by Supervisor Peters 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 May 31, 2023 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of May 31, 2023 5. Accounts Paid — May 31, 2023 6. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of May 31, 2023 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Radford advised a few things happening in Oak Grove we just attended. I'll let Chairman Hooker talk about it a little bit more, but we just attended the ribbon cutting grand opening of Galen School of Nursing over at the Metis building in the Oak Grove Area in the Windsor Hills district. Just so great to see a lot of people there at that grand opening and glad that the space can be reproduced and repurposed from its former days as an office building for an insurance company. Just glad to participate in that. We have some street crossings that have been put in place in the Oak Grove Area. We had a comment from a resident wanted to know where these crossings that don't have any sidewalks attached to them yet, but they're coming. You have to do this in phases and that's the first phase was to get the signalization and the crossing going. Crossing two very significant areas in our area on Electric Road. That now gives our citizens that are in wheelchairs time to get across and in a safe manner. Sidewalks will be coming very soon after that. We also, a couple of months ago, we celebrated the ribbon cutting of our Oak Grove Park behind Oak Road Elementary School and there's a little bit of money left over. We were looking at doing lights. We're not going to do lights now because it's too expensive, but we have a little bit of money left over and we're going to spend some of that leftover money if we all agree up at Bent Mountain Center for age appropriate playground. There's an older playground up there. And so, we want to use some of those funds to put another age appropriate playground up there. There is more to come maybe in the fall. 250 June 27, 2023 Supervisor Peters stated he is going to echo the comments on the Galen School of Nursing. We've all heard for the last several years our shortage of nurses. Nurses, we have just here in Roanoke Valley. So, he thinks that's going to be a great addition to our valley. They told us today they can go up to 800 students. The only other thing that he has is to give a little shout-out to Angie Chewing and to Catherine Sours. They put on the mingle at the market at in downtown Vinton and it sounded like they're their largest crowd ever this past Saturday; he knows that those two ladies especially work their butts off. So, I want give a shout-out to them. But then the last thing to keep notice of what's going on in Explorer Park. I know they're also having concert events over there. The last one was very well attended. So, there's a lot to do here in the valley. Get out and about and enjoy. Supervisor North issued a challenge to the staff and employees of Roanoke County to go out on July 14th to Explore Park. He has been out there the first two times. He is not going to be there on the 14th because he is going to be out of town on vacation, but he didn't see very many of you out there for those first two. It is well attended and it's a great venue. Weather permitting will be even better when the Eric Wayne Band shows up on July 14th. So, I'll be tuning in from afar, and he is not going to ask Alan to take attendance, but I'll talk to you later. On June 14th, County Attorney Peter Lubeck and he attended the Region 10 and Region 11 combined the VACo meeting in Rocky Mount Virginia to share a County agenda on legislative concerns and to hear what others have to say. On June 23rd, he participated in the Opioid Abatement Authority Committee meeting virtually, thanking the committee for the $200,000 grant for both Roanoke County and City and learned that there are $607.9 million slated for Virginia over the life of the future settlement. So, lots of money to come in the next 10, 20 years. On June 26th, County Administrator Richard Caywood and I met with Valerie Brown, executive director of the Greater Williamson Road Merchants Association. Their new offices, which are called the Williamson on Williamson Road, are completely full with a waiting list for other small businesses and clients. We've also shared an update on local sidewalk and road improvements in the corridor along Williamson Road especially. Lastly, they will be seeking more grant funds to both expand their offices and also a facade program to help local businesses in Highlands along Williamson Road. And we look forward to our next update when Valerie will come and address the board in February of 2024, if not sooner. Supervisor Mahoney commented that he does not want our citizens to lose sight of some very important information that we have on our consent agenda. He wanted to reemphasize good news. We talked about it at our last meeting, but we received $312,504 from the Department of Criminal Justice Services so that we can try to hire school resource officers to keep our kids safe in our schools. We got our Chief in the back of the room here. He thinks that's really good news. That's something that has been very important to our community over the past year, and just does not want that to get lost in the process. He likes to publicize that good news as much as we can. June 27, 2023 251 Supervisor Hooker echoed everyone else's good comments about the ribbon cutting for the Galen School of Nursing. It was really a very nice event. There were a lot of really titled people from the State level that were in attendance and really appreciate them coming. She thinks this is a significant workforce development issue for us locally and believe it will really be incredibly successful. So, we're appreciative of that. And the second thing is, there is a new $1.5 billion in broadband funds and she is really excited to see what we can do to maybe get some of that money and spread it around our districts that are still struggling with unserved or underserved location. Lastly, she thanked the citizens of Catawba for coming out on June 20th and voting in the torrential downpour, especially in the early morning hours. But she sincerely appreciates you coming and she would be honored to continue to serve. IN RE: ADJOURNMENT Chairman Hooker adjourned the meeting at 7:41 p.m. S itted by: Approved by: 4 /,,, eborah C. Jacks Martha B. Hooker Chief Deputy Cle the Board Chairman 252 June 27, 2023 PAGE LEFT BLANK INTENTIONALLY