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HomeMy WebLinkAbout9/26/2023 - Regular September 26, 2023 329 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 September 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 3:01 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 added a New Business item D.3 — Resolution approving the execution of a performance agreement between the County of Roanoke, the Roanoke County Economic Development Authority, and Wells Fargo Bank, N.A., to provide Wells Fargo Bank an economic development incentive grant for its business expansion activities in Roanoke County. Additionally, Mr. Caywood added an additional Closed Session item. There were no objections. 330 September 26, 2023 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Presentation of Virginia Association of Counties Achievement Award (Richard L. Caywood, County Administrator; James Hutzler, Government Relations Associate, Virginia Association of Counties) Award was presented by Mr. Hutzler. In attendance to accept the plague was Sheriff Orange and staff, and representatives from Roanoke College. IN RE: NEW BUSINESS 1. Resolution supporting an application for up to $1,400,000 of matched transportation funding through the Virginia Department of Transportation (VDOT) Fiscal Year 2027 and 2028 Revenue Sharing Program, Catawba Magisterial District (Megan G. Cronise, Assistant Director of Planning) Ms. Cronise outlined the request for resolution. Ms. Hooker asked about the age of road; Ms. Cronise did not know, just knew it was old. There was no further discussion. RESOLUTION 092623-1 SUPPORTING AN APPLICATION FOR UP TO $1,400,000 OF MATCHED TRANSPORTATION FUNDING THROUGH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FISCAL YEAR 2027 AND, FISCAL YEAR 2028 REVENUE SHARING PROGRAM, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors has previously committed Revenue Sharing and Secondary Six-Year Improvement Program funding to the Dry Hollow Road Safety Improvements Project; and WHEREAS, the Virginia Department of Transportation (VDOT) is administering the project to reinforce the roadway against Dry Hollow Creek, to signalize and to widen the roadway under the historic Norfolk Southern railroad bridge; and WHEREAS, a deficit has been identified by VDOT that requires additional project funding; and WHEREAS, the Board of Supervisors desires to submit an application for an allocation of additional funds of up to $1,400,000 through the VDOT Fiscal Year 2027 and Fiscal Year 2028 Revenue Sharing Program. September 26, 2023 331 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors hereby supports this application for allocation of up to $1,400,000 through the Virginia Department of Transportation Fiscal Year 2027 and Fiscal Year 2028 Revenue Sharing Program. 2. If such funds are approved by the Commonwealth, the Board of Supervisors will consider the required matching funding appropriation during the Fiscal Year 2026, Fiscal Year 2027, Fiscal Year 2028 and Fiscal Year 2029 budget processes. 3. The Board of Supervisors hereby grants authority for the County Administrator, Deputy County Administrator or Assistant County Administrator to execute project agreements for the approved Revenue Sharing project. On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None 2. Resolution requesting the Roanoke Valley Transportation Planning Organization fund three projects for the Fiscal Year 2025-2030 Surface Transportation Block Grant and Carbon Reduction Programs (Megan G. Cronise, Assistant Director of Planning) Ms. Cronise outlined the request for resolution. Supervisor Mahoney stated he understands that we would hope that these would be state and federal projects. Do you have an estimate as to what cost for each of these projects would be? Is there a range of a price tag for each of these? Ms. Cronise responded we applied for the 419 streetscape improvements in the Oak Grove area in SMART SCALE round five and were unsuccessful. At that time the project was about $13 million. We expect that the project will be more expensive for SMART SCALE round six, so we were trying to offset those costs and make the project more competitive with this STBG funding. Part of the problem is that there are also changes coming to the smart scale program that are going to make it more difficult for us to be successful with our grant applications. So, we're doing everything we can to try to make them as competitive as possible. The other two projects are very much in development. 332 September 26, 2023 We know that these intersections have issues and they're very identifiable from a regional perspective as places with challenges. We had a recent fatality at the Dow Hollow Road and Route 11/460 intersection recently, so there's a lot of attention there. So, we would like to ask for leverage between perhaps 2 and $5 million apiece. A range would help to offset those costs, but we expect those projects will be at least $10 million apiece. Supervisor North stated the resolution being considered today will also be added to the Roanoke Valley Transportation Planning Organization's docket this Thursday. Supervisor Radford asked Ms. Cronise in regard to the Keady Road intersection. At the other end, Carriage Hill, we've got the handicapped access across for pedestrian. Is any of that on Roanoke City's side? Is that entire corridor going to be part of VDOT and SMART SCALE as we march South with more sidewalks and streetscape. Ms. Cronise replied that the Oak Grove Center plan was adopted by both the Board of Supervisors and Roanoke City Council. VDOT has Route 419 in that location, so the City of Roanoke starts as the edge of the VDOT right-of-way. So, the improvements that are proposed with this project are primarily in the County, but we also talked with the. City about extending the sidewalk that they have at Starbucks, which is actually six feet wide, which is quite wide, up to the Keagy Road intersection. Both of the pedestrian improvements that were constructed over the summer, the Keagy intersection at Keagy Village, was through Highway Safety Improvement Program funding that VDOT implemented. And then the other project was the Carriage Lane, Grandin Road intersection and that was Surface Transportation Block Grant funding, that we obtained several years ago. That was also a VDOT administered project. So, we definitely collaborate, with the city on those projects, but we've been taking the lead on. submission. Supervisor Radford then asked when is the next deadline for the sidewalks over in Carriage Hill going east and west; is there any date for forecast? Ms. Cronise responded in SMART SCALE round five, the sister project to the one we talked about today was awarded funding. That was a.$6 million project. That project will construct sidewalk from. Glen Heather Drive on the county side to the carriage intersection to connect up with the new.pedestrian signals, and then it will continue across the frontage of Oak Grove Plaza up to the Grandin Road,Extension intersection. What we're applying for is phase two of those improvements. We applied for both phases in SMART SCALE round five but only got one. We got the cheaper one. The more expensive one we're trying to go after and trying to buy,down the cost of that project with the STBG leverage. That project was just awarded and funding, well, it was programmed as of July 1st of this year. VDOT doesn't have a detailed schedule for when that project would be constructed, because we haven't started design yet. But anticipate within the next five to six years is typically when construction would start. September 26, 2023 333 Supervisor North asked with regard to project three that is listed as Peters Creek and Williamson Road, which is being studied as part of the Peters Creek study that VDOT is administering, will the study be complete later this fall? Ms. Cronise responded it will be completed in the spring of next year. This is anticipation for that SMART SCALE application. Supervisor North that this is being proactive and that is good, but we have no idea what it is going to look like in terms of dollars at this time. Ms. Cronise responded in the affirmative. Supervisor North then commented with the increased number of employees we are going to have in that quarter, transportation improvements are going to be raised even higher in terms of improvement. There was no further discussion. RESOLUTION 092623-2 REQUESTING THE ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION FUND THREE PROJECTS FOR THE FISCAL YEAR 2025-2030 SURFACE TRANSPORTATION BLOCK GRANT AND CARBON REDUCTION PROGRAMS WHEREAS, the Roanoke Valley Transportation Planning Organization reviews applications for funding through the Surface Transportation Block Grant Program (formerly Regional Surface Transportation Program) and makes recommendations for project funding to the Commonwealth Transportation Board; and, WHEREAS, the Roanoke Valley Transportation Planning Organization also reviews applications for funding through the new Carbon Reduction Program, which provides funds for projects designed to reduce transportation emissions, and also makes recommendations for project funding to the Commonwealth Transportation Board; and, WHEREAS, the Roanoke County Board of Supervisors supports the list of projects for Surface Transportation Block Grant and/or Carbon Reduction Program funding. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia requests the Roanoke Valley Transportation Planning Organization provide leverage funding for the following projects through the Fiscal Year 2025-2030 Surface Transportation Block Grant Program and/or Carbon Reduction Program: 1. Route 419/Electric Road Safety and Streetscape Improvements from Grandin Road Extension to Keagy Road, 2. Route 11/460/West Main Street at Dow Hollow Road Intersection Safety Improvements, and I 3. Peters Creek Road at Williamson Road Intersection Improvements. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Radford and carried by the following recorded vote: 334 September 26, 2023 AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None 3. Resolution approving the execution of a performance agreement between the County of Roanoke, the Roanoke County Economic Development Authority, and Wells Fargo Bank, N.A., to provide Wells Fargo Bank -an economic development incentive grant for its business expansion activities in Roanoke County (Megan Baker, Director of Economic Development) Ms. Baker outlined the request for resolution. Supervisor Hooker thanked Ms. Baker on her hard work on this issue. All Supervisors also voiced their thanks to Ms. Baker and all who worked on this item. RESOLUTION 092623-3 APPROVING THE EXECUTION OF A PERFORMANCE AGREEMENT WITH THE ROANOKE COUNTY ECONOMIC DEVELOPMENT AUTHORITY AND WELLS FARGO BANK, N.A., TO PROVIDE WELLS FARGO BANK AN ECONOMIC DEVELOPMENT INCENTIVE GRANT FOR ITS BUSINESS EXPANSION ACTIVITIES IN ROANOKE COUNTY WHEREAS, Wells Fargo Bank, N.A. ("Wells Fargo") presently operates its business: in the County at a 449,504 square foot building located at 7711 Plantation Road (the "Facility");.and WHEREAS, portions of the Facility have been in use since the early 1970s and are in need of modernization; and WHEREAS, Wells Fargo is currently Roanoke County's largest private employer and presently employs approximately 1,650 people at the Facility; and WHEREAS, Wells Fargo has proposed to invest $87,000,000 in 1) modernizing and reconfiguring the Facility, and 2) investing in new business personal property for the Facility (primarily information technology equipment); and WHEREAS, in conjunction with this financial:investment, Wells Fargo anticipates creating approximately 1,100 net new jobs in the County, with .an average, wage of $52,114;.and WHEREAS, the Board of Supervisors and the Roanoke County Economic Development Authority, recognizing Wells Fargo's present and future economic contributions to the : County, desire to provide Wells Fargo with an economic development incentive grant to assistthem with this significant:business expansion and have negotiated a performance agreement to effectuate such a grant (attached as Attachment A); and WHEREAS, the Commonwealth of Virginia also desires to provide Wells Fargo with an economic development incentive grant to assist them with this significant September 26, 2023 335 business expansion and has also negotiated a performance agreement to effectuate such a grant (attached as Attachment B). NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. The County Administrator, Deputy County Administrator, or Assistant County Administrator are authorized to execute the performance agreement on behalf of the County, which shall be upon a form approved 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 IN RE: FIRST READING OF ORDINANCES 1. Ordinance approving and authorizing the execution of cable television franchise agreement by and between the County of Roanoke and Shenandoah Cable Television LLC (Peter S. Lubeck, County Attorney) Mr. Lubeck outlined the request for ordinance. Supervisor Radford then asked if the citizens would now have two choices, Cox or Shentel with Mr. Lubeck responding in the affirmative. Supervisor Peters inquired. if GloFiber is a subsidiary of Shentel with Mr. Lubeck responding in the affirmative. They are offering internet services through GloFiber. Supervisor Mahoney asked how Shentel would interact with RVTV with Mr. Lubeck responding he would assume that they would cooperate with RVTV, but he will look into and advise. Supervisor Peters stated in the past, Cox has also helped financially to support RVTV, will Shentel do so as well. Mr. Lubeck responded he would check into and advise. Supervisor Mahoney's motion to approve the first reading and set the second reading and public hearing for October 10, 2023, was seconded by Supervisor North and approved by the following vote: AYES: Supervisors Peters, Mahoney, North, Radford Hooker NAYS: None 336 September 26, 2023 IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTIONS 1. Resolution requesting the Commonwealth Transportation Board fund a Transportation Alternatives Program project in fiscal years 2025 and 2026 for the Glade Creek Greenway. in Vinyard Park East in the Vinton Magisterial District (Megan G. Cronise, Assistant Director of Planning) Ms. Cronise outlined the request for resolution. Supervisor Mahoney stated as he looks at the project sketch, they show a future project proposed bridge. Not so much a question, but just let everybody know that this is just the first shoe to drop and there's going to be a second shoe that's going to be paying for a bridge. Any guesstimate'of what a bridge costs these days? Ms. Cronise responded we do not have any figures at this time. RESOLUTION 092623-4 REQUESTING THAT THE COMMONWEALTH :TRANSPORTATION BOARD FUND A TRANSPORTATION ALTERNATIVES PROGRAM PROJECT IN FISCAL YEARS 2025 AND 2026_ FOR THE GLADE CREEK GREENWAY IN VINYARD PARK EAST IN THE VINTON MAGISTERIAL DISTRICT WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received_. from the ;;local government or state. agency in order that the Virginia Department of Transportation ("VDOT") establish a Transportation Alternatives Program project to be administered by Roanoke County; and WHEREAS, the proposed Glade Creek Greenway at Vinyard Park East meets the goals of the Transportation Alternatives Program by providing a pedestrian and bicycle :.facility that,will expand non-motorized travel choices, strengthen the local economy, improve quality of life and-protect the environment; and WHEREAS, the_Glade Creek-Greenway is included in the 2018 Roanoke Valley Greenway Plan, which_was adopted by the Board of Supervisors on September 25, 2018, as an amendment to'the Comprehensive Plan; and WHEREAS, a-public hearing was held on September 26,.2023, to receive public comment,on the proposed Glade Creek Greenway through Vinyard Park East... :NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County Board of Supervisors requests that the Commonwealth Transportation Board provide funding for the Glade Creek Greenway through Vinyard Park East.- September 26, 2023 337 2. That the Roanoke County Board of Supervisors hereby commits to provide a minimum twenty percent (20%) matching contribution for this project and any additional funds necessary to complete the project. 3. That the Roanoke County Board of Supervisors hereby agrees to enter into a project administration agreement with VDOT and provide the necessary oversight to ensure the project is developed in accordance with all state and federal requirements for design, right of way acquisition, and construction of a federally funded transportation project. 4. That the Roanoke County Board of Supervisors will be responsible for maintenance and operating costs of any facility constructed with Transportation Alternatives Program funds unless other arrangements have been made with VDOT. 5. That if the Roanoke County Board of Supervisors subsequently elects to cancel this project, the Roanoke County Board of Supervisors hereby agrees to reimburse VDOT for the total amount of costs expended by VDOT through the date VDOT is notified of such cancellation. The Roanoke County Board of Supervisors also agrees to repay any funds previously reimbursed that are later deemed ineligible for such use by the Federal Highway Administration. 6. That the Roanoke County Board of Supervisors hereby grants authority for the County Administrator, Deputy County Administrator or Assistant County Administrator to execute project agreements for an approved Transportation Alternatives Program project for Fiscal Years 2025 and 2026. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None IN RE: PUBLIC HEARING 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2023-2024 budget in accordance with Code of Virginia Section 15.2-2507 (Steve Elliott, Budget Administrator) Mr. Elliott outlined the request for public hearing. There was no discussion. Chairman Hooker opened and closed the public hearing with no citizens to speak on this agenda item. 338 September 26, 2023 IN RE: CONSENT AGENDA RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for September 26, 2023, designated, as Item I - 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—July 11, 2025; July 25, 2023 • 2. The petition_of Terry Dooley, Jr. to obtain a special use permit to operate a short-term rental on approximately 0.2363 acre of land zoned R-1, Low Density Residential District, located at 4501 Girard Drive, Cave Spring Magisterial. District (First Reading and request for Public Hearing and Second Reading) 3. The petition of Glenmary Drive Roanoke LLC. to amend a. portion (approximately 19.06 acres) of the Roanoke County Center for Research and Technology Master Plan to allow warehousing and distribution as a permitted use, located within the 5200 and 5300 ,blocks of Glenmary Drive, Catawba Magisterial District (First._Reading and:- request for Public Hearing and Second Reading) 4. Resolution., authorizing execution and 'recordation .of a Deed Restriction designating. , a permanent stormwater : management reserve area for stormwater management and maintenance on property,owned by;-the Board of Supervisors at 0 West.Riverside Drive, Salem, Virginia, and identified as Roanoke County Tax Map.: Number 056..01-01-17.00-0000, in the: Catawba Magisterial District 5. Ordinance accepting and.:appropriating funds in the 'amount of $3,777,457 from the Virginia Department of Housing and Community Development in response to the:2022 award of funds from the Virginia Telecommunications initiative grant,-and appropriating such .funds to the:County's grant fund for subsequent;:distribution :to the Roanoke County; Economic Development Authority :to: provide economic development incentives to internet service providers (Second Reading) 6. Ordinance of the Board of Supervisors of the County of Roanoke, Virginia approving the refinancing of a lease transaction that originally financed various capital projects for the County and authorizing the continued leasing September 26, 2023 339 of certain County-owned property, the execution and delivery of a prime lease and a local lease acquisition agreement and financing lease, and other related actions (Second Reading) 7. Ordinance authorizing the execution of an amendment to the Memorandum of Understanding with Blue Ridge Behavioral Healthcare and other local government entities governing the Marcus Alert Program for the Roanoke Valley (Second Reading) • 8. Request to accept and allocate the grant funds in the amount of $147,276 from the Division of Motor Vehicles for the purpose of Selective Enforcement 9. Request to approve the Board of Supervisors budget development calendar for fiscal year 2024-2025 10. Resolution granting a waiver to Hollins University.under Section 13-23 of the Roanoke County Code to the provisions of the County's Noise Ordinance, Article II. Noise of Chapter 13. Offenses—Miscellaneous 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-092623-5.a A-092623-5.b RESOLUTION 092623-5.c AUTHORIZING EXECUTION AND RECORDATION OF A DEED RESTRICTION DESIGNATING A PERMANENT STORMWATER MANAGEMENT RESERVE AREA FOR STORMWATER MANAGEMENT AND MAINTENANCE ON PROPERTY OWNED BY THE BOARD OF SUPERVISORS AT 0 WEST RIVERSIDE DRIVE, SALEM, VIRGINIA (ROANOKE COUNTY TAX MAP NUMBER 056.01-01-17.00-0000) IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors owns a parcel of real estate containing approximately 16.738 acres in the Catawba Magisterial District of Roanoke County, Virginia, and further designated as Roanoke County Tax Map Number 056.01-01-17.00- 0000 (the "Property"); and WHEREAS, as part of Roanoke County's plans for the development of the West Roanoke River Greenway, the future plans for this Property include construction of a trailhead parking lot and a stormwater management facility that will serve the impervious surface of the future trailhead parking lot; and 340 September 26, 2023 WHEREAS, the Board of Supervisors of Roanoke County intends to maintain, protect, and preserve, in perpetuity, this stormwater management facility and reserve area on the Property as shown on the attached Plat attached hereto as "Exhibit A"; and WHEREAS, the Board of Supervisors of Roanoke County intends to accomplish the maintenance, protection, and preservation of this stormwater management facility and reserve area for the expressed purposes which are in furtherance of the goals of the Commonwealth of Virginia to enhance the quality of the Commonwealth's waters through appropriate stormwater and flood control measures by restricting the use of certain areas on the Property; and WHEREAS, Virginia Administrative Code Section 9VAC25-870-112 provides that Roanoke County require the provision of long-term responsibility and maintenance of this stormwater management facility as the owner of the said Property and that this be recorded in an instrument in the local land records; and WHEREAS, the Board of Supervisors desires to create a public record of these intentions by placing a deed restriction in the official land records maintained by the Clerk of the Roanoke County Circuit Court; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the execution and recordation of a deed restriction designating a permanent . stormwater management reserve area for stormwater management and maintenance on property owned by the Board of Supervisors at 0 West Riverside Drive, Salem, Virginia (Roanoke County Tax Map Number 056.01-01-17.00-0000) is hereby authorized and approved. 2. That the County Administrator, Deputy County Administrator, or Assistant County Administrator, any of whom may act, are authorized to execute, deliver and . record the deed, and any other documents on behalf of the County, and to take all such further action as any of them may deem necessary or desirable in connection with this project. The form of the deed is hereby approved with such completions, omissions, insertions and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by:the execution and delivery thereof, all of which shall be approved as to form by the County Attorney's Office. 3. That this resolution shall be effective upon its adoption. 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 September 26, 2023 341 ORDINANCE 092623-5.d ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $3,777,457 FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT IN RESPONSE TO 2022 AWARD OF FUNDS FROM VIRGINIA TELECOMMUNICATIONS INITIATIVE GRANT, AND APPROPRIATING SUCH FUNDS TO THE COUNTY'S GRANT FUND WHEREAS, the Virginia Telecommunications Initiative Grant program ("VATI") is administered by the Virginia Department of Housing and Community Development ("DHCD") to facilitate broadband expansion in underserved areas of the Commonwealth; and WHEREAS, in September 2021, the Board of Supervisors of Roanoke County entered into an MOU with the Roanoke County Economic Development Authority to apply for VATI grants in partnership with four internet service providers: and WHEREAS, the County elected to have its EDA administer the VATI projects; and WHEREAS, in August 2022, DHCD issued awards for the four VATI projects; and WHEREAS, work is being completed on the projects and DHCD has remitted payment to the County for the four approved VATI projects; and WHEREAS, the total award from DHCD will be $3,777,457 (Three million seven hundred seventy-seven thousand four hundred fifty-seven dollars) to be appropriated into the County's grant fund; and WHEREAS, such funds are to be paid to each ISP by the Roanoke Economic Development Authority; and WHEREAS, the County wishes to accept the VATI funds from DHCD and appropriate same to the County's Grant Fund for subsequent distribution to the Roanoke County Economic Development Authority; 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 September 12, 2023, and the second reading was held on September 26, 2023. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $3,777,457 is hereby accepted from the Virginia Department of Housing and Community Development and appropriated to the County's Grant Fund, for subsequent distribution to the Roanoke County Economic Development Authority, to issue payment to the internet service providers.in accord with the terms of the VATI agreements. 2. That this ordinance shall take effect upon its adoption. 342 September 26, 2023 On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None ORDINANCE 092623-5.e OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA APPROVING THE REFINANCING OF A LEASE TRANSACTION THAT ORIGINALLY FINANCED VARIOUS CAPITAL PROJECTS 'FOR THE COUNTY AND AUTHORIZING THE CONTINUED LEASING OF CERTAIN COUNTY- OWNED PROPERTY, THE EXECUTION AND DELIVERY OF A PRIME LEASE AND A LOCAL LEASE ACQUISITION AGREEMENT AND FINANCING LEASE, AND OTHER RELATED ACTIONS WHEREAS, by Ordinance 062513-9, adopted June 25, 2013, the Board of Supervisors (the "Board") of the County of Roanoke,.Virginia (the "County"), authorized the financing of various capital improvements, including the construction and equipping of the Vinton Library,-other capital projects of the County and the costs associated with the financing (collectively, the "Projects"); WHEREAS, to arrange for the financing of the Projects, the Board entered into (1) an Amended and Restated Prime Lease dated as of June 27, 2013 (the "Original Prime Lease"), between the County and the Virginia Resources Authority ("VRA"), and (2) a Local Lease Acquisition Agreement and Amended and Restated Financing Lease dated as of June 27, 2013 (the "Original Financing Lease"), between the County and VRA; WHEREAS, VRA provided the funds to enter into the Prime Lease and the Financing Lease from the proceeds of its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2013B (the "2013 VRA Bonds"); WHEREAS, VRA has advised the County that, subject to market conditions, the County can reduce the amounts payable by the County under the Original Financing Lease by entering into a refinancing transaction whereby VRA will refinance some or all of the 2013. VRA Bonds allocable. to the Original. Financing Lease (the "Refinancing Transaction"); WHEREAS, the Board, has determined that it is in the best interest of the County to pursue the Refinancing Transaction; WHEREAS, the Board is authorized, pursuant to Section 15.2-1800 of the Code of Virginia of 1950, as amended, to lease any improved or unimproved real estate held by the County; WHEREAS, the first reading of this ordinance was held on September 12, 2023, and the second reading was held on September 26, 2023; September 26, 2023 343 WHEREAS, VRA intends to issue its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2023B (the "VRA Bonds"), and to provide a portion of the proceeds to the County to enter into the Refinancing Transactions pursuant to the terms of a Second Amended and Restated Local Lease Acquisition Agreement and Financing Lease (or similar agreement, the "Financing Lease"), between the County and VRA; WHEREAS, the County will enter into a Second Amended and Restated Prime Lease (or similar agreement, the "Prime Lease") with VRA whereby the County will continue to lease the property subject to the Original Prime Lease and the Original Financing Lease (the public safety building) (the "Real Estate") and the associated improvements and property located thereon (the "Improvements") to VRA; WHEREAS, the County will enter into the Financing Lease with VRA pursuant to which VRA will lease the Real Estate and the Improvements back to the County and the County will make rental payments corresponding in amount and timing to the debt service on the portion of the VRA Bonds issued to effect the Refinancing Transaction (the "Rental Payments"); WHEREAS, the County intends to pay the Rental Payments out of appropriations from the County's General Fund; WHEREAS, the Financing Lease shall indicate a proceeds requested (the "Proceeds Requested") of an amount sufficient to effect the Refinancing Transaction (subject to the parameters below) plus an amount necessary to pay the costs of closing the Refinancing Transaction (or such other amount as requested by the County and approved by VRA prior to the pricing of the VRA Bonds); WHEREAS, VRA's objective is to pay the County an amount which, in VRA's judgment, reflects the market value of the Rental Payments under the Financing Lease (the "VRA Purchase Price Objective"), taking consideration of such factors as the purchase price to be received by VRA for the VRA Bonds, the issuance costs of the VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA (collectively, the "VRA Costs")) and other market conditions relating to the sale of the VRA Bonds; WHEREAS, such factors may result in the County receiving an amount other than the par amount of the aggregate principal components of the Rental Payments under the Financing Lease and consequently the aggregate principal components of the Rental Payments under the Financing Lease may. be greater than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested; and WHEREAS, the Prime Lease and the Financing Lease are referred to herein as the "Documents." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 344 September 26, 2023 1. Approval of Lease-Leaseback Arrangement. The lease-leaseback arrangement with VRA to accomplish the Refinancing Transaction is hereby approved. The County Administrator is authorized to determine the Real Estate and Improvements, as may be required by VRA, to be subject to the lease-leaseback arrangement. 2. Approval of Prime Lease. The leasing of the Real Estate and the Improvements by the County, as lessor, to VRA, as lessee, pursuant to the terms of the Prime Lease is hereby approved. The Prime Lease shall be in substantially the same form as the Original Prime Lease with such additions or changes as may be necessary or advisable to document the Refinancing Transaction. 3. Approval of the Financing Lease. The leasing of the Real Estate and the Improvements by VRA, as lessor, to the County, as lessee, pursuant to the terms of the Financing Lease is hereby approved. The Financing Lease shall be in substantially the same form as the Original Financing Lease with such additions or changes as may be necessary or advisable to document the Refinancing Transaction. 4. Approval of the Terms of the Rental Payments. (a) The Rental Payments set forth in the Financing Lease shall be subject to the foregoing parameters: the Financing Lease shall be issued and sold to or at the direction of VRA on terms that VRA shall determine subject to the Purchase Price Objective and market conditions described in the Recitals hereof; provided. that (1) the Refinancing Transaction shall 'generate at least a 3% net present value savings of the principal amount being refinanced and (2) the final Rental Payment shall occur in a fiscal year not later than the final Rental Payment due .under the Original Financing Lease. (b) It_is determined to be in the best interest of:the County to accept the offer of VRA to enter into the Financing Lease with the County for an amount determined by VRA to be fair, subject to the conditions set forth in this Ordinance, which Financing Lease shall be executed by the Chairman of the Board (the "Chairman") and the County Administrator, or either of them. (c) The Chairman and the County Administrator, either of whom may act, are hereby'authorized and directed to enter into the Financing Lease. (d) The actions of,the Chairman and the County Administrator in accepting the;f nal terms of.the Rental Payments shall be conclusive, and no further action shall be necessary on the part of the Board. 5. Other Payments under:.FinancingLease. The County agrees to pay all amounts required by the.Financing Lease, including any amounts required by Section 5.1(b) of:.the Financing Lease, including the "Supplemental Interest," as provided in such section. 6. Execution and Recordation of Documents. The Chairman and the County Administrator, either of whom may act, are authorized and directed to execute the Documents and deliver them to the other parties thereto. The Chairman and the September 26, 2023 345 County Administrator, either of whom may act, are further authorized to cause the Documents, to be recorded in the Clerk's Office of the Circuit Court of Roanoke County. 7. Form of Documents. The County Administrator or the Chairman are each authorized and directed to determine the form of the Documents; provided the Documents and not inconsistent with this Resolution and are each authorized to execute the Documents in substantially such form. The execution and delivery of the Documents shall be conclusive evidence of the officer's approval. 8. Essentiality of the Projects and Real Estate. The Projects, the Real Estate and the Improvements are hereby declared to be essential to the efficient operation of the County, and the County anticipates that the Projects, the Real Estate and the Improvements will continue to be essential to the operation of the County during the term of the Financing Lease. 9. Annual Budget. While recognizing that it is not empowered to make any binding commitment to make Rental Payments and any other payments required under the Financing Lease beyond the current fiscal year, the Board hereby states its intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future Boards do likewise during the term of the Financing Lease. The Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to include in the budget request for each fiscal year during the term of the Financing Lease an amount sufficient to pay the Rental Payments and all other payments coming due under the Financing Lease during such fiscal year. If at any time during any fiscal year of the County throughout the term of the Financing Lease, the amount appropriated in the County's annual budget in any such fiscal year is insufficient to pay when due the Rental Payments and any other payments required under the Financing Lease, the Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to submit to the Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. 10. Rental Payments Subject to Appropriation. The County's obligation to make the Rental Payments and all other payments pursuant to the Financing Lease is hereby specifically stated to be subject to annual-appropriation therefor by the Board, and nothing in this Ordinance or the Documents shall constitute a pledge of the full faith and credit nor taxing power of the County or compel the Board to make any such appropriation. 11. Disclosure Documents. The County authorizes and consents to the inclusion of information with respect to the County to be contained in VRA's Preliminary Official Statement and VRA's Official Statement in final form, both to be prepared in connection with the sale of the VRA Bonds. If appropriate, such disclosure documents shall be distributed in such manner and at such times as VRA shall determine. The County Administrator is authorized and directed to take whatever actions are necessary 346 September 26, 2023 and/or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule 15c2-12. 12. Tax Documents. . The County Administrator and the Director of Finance and Management Services, either of whom may act, is authorized to execute a Nonarbitrage Certificate and Tax Compliance Agreement and/or any related document (the "Tax Documents") setting forth the expected use and investment of the proceeds of the VRA Bonds to be received pursuant to the Documents and containing such covenants as may be necessary in order for the County and/or VRA to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code"), with respect to the VRA Bonds and the Documents including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bonds." The County covenants that the proceeds of the VRA Bonds to be received pursuant to the Documents will be invested and expended as set forth in the Tax Documents, to be delivered simultaneously with the issuance and delivery of the Financing Lease and that the County shall comply with the other covenants and representations contained therein. 13. Other Actions. All other actions of the officers of the County in conformity with the purpose and intent of this Ordinance are hereby approved and confirmed. The officers of the County are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the execution and delivery of the Documents. 14. SNAP Investment Authorization. The County has heretofore received and reviewed the Information Statement (the "Information Statement") describing the State Non-Arbitrage.-Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"), and the County has determined to authorize the Director of Finance and Management Services to utilize SNAP in connection with the investment of the proceeds of the lease- leaseback transaction if the Director of Finance and Management Services determines that the utilization .of SNAP is in the best interest of the County. The Board acknowledges that the.Treasury Board of the Commonwealth .of Virginia is.not, and shall not be, in any way liable to the County-in connection with SNAP, except as otherwise provided in the contract creating the investment program:pool. 15.. Evidence of Approval. The approval or determination of all the details and provisions of the Documents and all other documents, instruments or certificates executed .under the authority of this Resolution shall be evidenced conclusively by the execution and delivery of the Documents or other items b the officer or officers authorized hereby. 16. Further Actions. The Board hereby authorizes and directs the County Administrator and the Director of Finance and Management Services and such other officers and agents of the County as may be designated by either of them to take any further actions as they deem necessary or advisable regarding the Documents and the September 26, 2023 347 execution, delivery and performance of the Documents and closing documents and certificates. All such actions previously taken by the officers and agents of the County are ratified and confirmed. The Board hereby designates the County Administrator and the Director of Finance and Management Services as the County's authorized representatives for purposes of the Financing Lease. 17. Effective Date. This Ordinance shall take effect immediately. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None ORDINANCE 092623-5.f AUTHORIZING THE EXECUTION OF AN AMEMDMENT TO MEMORANDUM OF UNDERSTANDING. WITH BLUE RIDGE BEHAVIORAL HEALTHCARE AND OTHER LOCAL GOVERNMENT ENTITIES GOVERNING THE MARCUS ALERT PROGRAM FOR THE ROANOKE VALLEY WHEREAS, effective 1 July 2023, the Town of Vinton, City of Salem, City of Roanoke, Roanoke County, Craig County, Botetourt County, and the Sheriffs of Roanoke, Craig, Botetourt Counties and the Sheriffs of City of Salem and City of Roanoke in the Sheriffs' respective official capacities, entered into a Memorandum of Understanding with Blue Ridge Behavioral Healthcare and Frontier Health to outline the parties' responsibilities with regard to the Marcus Alert statute codified in Title 9.1 of the Code of Virginia, 1950, as amended; and WHEREAS, the Marcus Alert system for these localities launched effective 1 July 2023, as required by the Code; and WHEREAS, after the launch of the program, the parties recognized a need to amend the staffing requirements as set forth in the original MOU to require only Roanoke County and the City of Roanoke to dedicate staff specifically to carry out the duties set forth in the Marcus Alert statute; and WHEREAS, the amendment is memorialized in an Amended Memorandum of Understanding signed by an authorized representative of all localities and agencies; and WHEREAS, Section 15.2-1300 of the Code of Virginia, 1950, as amended, requires that intergovernmental agreements involving joint exercise of powers, privileges or authority be accomplished by ordinance; the first reading of this ordinance was held on August 22, 2023, and the second reading was held on September 12, 2023. NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of Roanoke County, Virginia, that 1. The amendment to the Memorandum of Understanding among the Town of Vinton, City of Salem, City of Roanoke, Roanoke County, Craig County, 348 September 26, 2023 Botetourt County, and the Sheriffs of Roanoke, Craig, Botetourt Counties and the Sheriffs of City of Salem and City of Roanoke in the Sheriffs' respective official capacities, to remove the staffing requirement for the Roanoke County and Roanoke City Sheriffs 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 Radford and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None A-092623-5.g A-092623-5.h RESOLUTION 092623-5.i GRANTING A WAIVER TO HOLLINS UNIVERSITY UNDER SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13. OFFENSES—MISCELLANEOUS WHEREAS, Hollins University, a private university located in north Roanoke County, will be holding their annual Fall Formal on the evening of September 30, 2023, on the grounds of the University; and WHEREAS, in order to accommodate the advertised time frame and to mitigate economic hardship by enhancing students' sense of connectedness with Hollins and the Roanoke Valley through social interaction that supports recruiting and retaining students that in turn affects the economic vitality of the University and Roanoke County with this event, Hollins University is requesting a waiver of the County noise ordinance for (2) hours frorn;10:00 P.M. till midnight, on September 30, 2023; and WHEREAS, Section 13-23 of the Roanoke County. Code establishes certain standards .for the Board .of Supervisors to grant:waivers from, the provision of the Roanoke County Noise Ordinance to avoid undue hardship upon consideration of certain factors set forth in sub-section (b) of Section 13-23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: September 26, 2023 349 1. That the Board FINDS, pursuant to Section 13-23 of the Roanoke County Code, that the anticipated noise from the proposed events (as set forth in the preliminary recitals) will not endanger the public health, safety or welfare; and 2. That the provisions of Section 13-21. Specific acts as noise, sub-section (5) and Section 13-20. General prohibition of Article II. Noise be WAIVED for a period of two (2) hours until midnight on September 30, 2023. 3. That this Waiver is granted specifically to Hollins University for the events scheduled at the University on September 30, 2023. 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 IN RE: REPORTS Supervisor Radford moved to receive and 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 August 31, 2023 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of August 31, 2023 5. Accounts Paid —August 31, 2023 6. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of August 31, 2023 IN RE: CLOSED MEETING At 4:34 p.m., Supervisor Hooker moved to go into closed meeting pursuant to the Code of Virginia 2.2-3711(A)(5) - Discussion concerning the expansion of existing businesses where no previous announcement has been made of the businesses' interests in locating or expanding their facilities in Roanoke County. Specifically, such locations or expansions are proposed to occur in the Catawba, Cave Spring and Hollins Magisterial Districts. The motion was seconded by Supervisor Mahoney and carried by the following recorded vote: 350 September 26, 2023 AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None The closed session was held from 5:35 p.m. until 6:25 p.m. Chairman recessed to the third floor for work session and closed session at: 3:58 p.m. IN RE: WORK SESSIONS 1. Work session to review with the Board of Supervisors the preliminary and unaudited financial results for the fiscal year ending June 30, 2023 for the County of Roanoke, Virginia (Steve Elliott, Budget Administrator; Laurie Gearheart, Director of Finance and Management Services) Mr. Caywood gave introduction; Steve Elliott and Laurie Gearheart provided a PowerPoint presentation, of copy of which is on file in the office of the Clerk to the Board. The work session was held from 4:11 p.m. until 5:20 p.m. 111 IN RE: CERTIFICATION RESOLUTION At 7:01 p.m., Supervisor Hooker moved to return.-to open session and Supervisor Peters moved to adopt the certification resolution. RESOLUTION 092623-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF.VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on, this date pursuant to an affirmative recorded vote and in accordance with the provisions of The.Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT. RESOLVED, that the Board of Supervisors of Roanoke; :County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and September 26, 2023 351 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor 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 IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of LaTinya Lambert to obtain a special use permit to operate a short-term rental on approximately 0.2857 acre of land zoned R-1, Low Density Residential District, located at 5064 Sunnyside Drive, Cave Spring Magisterial District (Philip Thompson, Director of Planning) Mr. Thompson outlined the request for special use. Chairman Hooker opened and closed the public hearing with no citizens to speak on this agenda item. Supervisor Mahoney stated he struggles with short-term rentals in heavily residential neighborhoods, and this is a fairly heavily residential neighborhood in the Cave Spring District. He knows that as a. policy, we've created several general standards in order to allow this, and I think the idea is to try to benefit the property owner, help the property owner out. And we have, in our ordinance, a series of general standards that attempt to protect the neighbors. He believes the condition that is recommended by the Planning Commission to limit the number of guests to four remove some of the concerns that I have in terms of what kind of detriment this is to the neighbors and to the community. Generally, he would reluctantly support approval of the special use permit. He would like to hear from the other board members with their concerns. Where he struggled was, the special use permit for this short-term rental down in White Pelican. Staff, Zoning Administrator and the County Attorney's office has taken appropriate enforcement actions against the property owner, and those are still ongoing. But although the County does move slow, we do move, and we have taken the property owner to court, and we've gotten various judgements against him. The question he thinks -the other Board members would throw at him is how can he consistently support this application while opposing the previous application? When he 111 looks back at White Pelican and, to him, it was tucked so far deep into the residential neighborhood, he really saw some difficulty about how that kind of use could play out in terms of the comments from other board members. Because each of us have rented either through Airbnb or VRBO as we've traveled, and we've really used those 352 September 26, 2023 opportunities to explore and be tourists in other jurisdictions. Where White Pelican was located, it was miles from any kind of commercial use. This location is maybe four blocks from where I live. This location is much closer to Cave Spring Elementary, Cave Spring Middle School, to Brambleton Route 220, where the White Pelican was not in close proximity to any kind of commercial uses. So, he struggles with saying that this would be a substantial detriment to the community. He thinks the general standards and the proposed condition attempts to address those. He still struggles with short-term rentals in residential neighborhoods that are deep into a residential subdivision, and not in close proximity to major primary.highways, commercial locations, touristy kind of locations, elements like that. So, he is sort of reluctantly leaning towards a motion to approve, but would like to hear how the other board members feel because we do have a broader issue with respect to short-term rentals. All of us have seen how other jurisdictions in the Commonwealth are attempting to place more stringent requirements and limitations on short-term rentals. Supervisor Radford stated what he remembers from White Pelican was we were getting complaints and the people were operating before they got the permit. They were allowing ten (10) people in and there were four or five (4 or 5) cars. Capacity was the problem. When looking at this petition and the house and the area around it and the limit of four, he does not get that feeling and feels safer about us approving this than what occurred. You are comparing a different scenario with White Pelican and the one that's before us. Supervisor Hooker stated to have a short-term rental in the deep areas of a neighborhood may not serve the same purpose for a tourist. But there are a lot of other uses where for example a travel nurse situation was mentioned, where people may come into the community for periods of time to take on certain types of jobs, and it serves those kinds of uses well. We have such a lack of available housing for these types of situations; there's a need. There's a need for this type of use and is glad that it's a special use permits. She likes looking at them individually if it's less than five acres, which I believe is the standard. And so, I'd like to hear from others, too, if there's anyone else who wants to make a comment on it, and then we'll hand it back to you. Supervisor North stated he echoes your comments about it seems like this is a reasonable request. He is not wild about them, neither, being in a lot of residential neighborhoods, especially not close to activities, tourist events, that kind of thing. It's not going to attract outside people every weekend that are coming in for different venues and activities going on in the area. With 1,100 new jobs coming to Roanoke County, it's going to put a lot of pressure on people that want to do this. They probably'might want to consider selling, and the demand for housing is going to be strong. This is probably a reasonable request, as long as they comply with the restriction. Supervisor Peters stated we had this in place for a reason. The reason because it was happening without our knowledge with no limitations, and we've put this in place for a reason and we have limitations and enforcements that are in place to handle if there is a problem. It can be removed if it's mismanaged. So, he hears the September 26, 2023 353 concern about being in the neighborhood, but I think we've put those parameters out there to prevent it from getting out of hand, and so I don't have a problem with it. There was no further discussion. ORDINANCE 092623-7 GRANTING A SPECIAL USE PERMIT TO LATINYA LAMBERT TO OPERATE A SHORT-TERM RENTAL ON APPROXIMATELY 0.2857 ACRE OF LAND ZONED R-1 (LOW DENSITY RESIDENTIAL DISTRICT), LOCATED AT 5064 SUNNYSIDE DRIVE, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, LaTinya Lambert has filed a petition for a special use permit to operate a short-term rental on approximately 0.2857 acre of land zoned R-1 (Low Density Residential District), located at 5064 Sunnyside Drive (Roanoke County Tax Map Number 086.12-01-10.00-0000), in the Cave Spring Magisterial District; and WHEREAS, the first reading of this ordinance was held on July 25, 2023, and the second reading and public hearing were held on September 26, 2023; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 1, 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 four (4) people. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. On motion of Supervisor Mahoney to adopt the ordinance, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None 354 September 26, 2023 2. The. petition of .the Roanoke County School Board to rezone approximately 12.013 acres from R-3, Medium Density Multi- Family Residential District, to C-1, Low Intensity Commercial District, and to remove the proffered condition on approximately 5.0 acres of land zoned C-1C, Low Intensity Commercial District with conditions, located at the end of Burlington Drive, 6305 Peters Creek Road, and 1120 East Drive, Hollins Magisterial District. (Philip Thompson, Director of Planning) Mr. Thompson outlined the request for rezoning. In attendance from the schools — Dr: Ken Nicely, School Superintendent, and Mike Wray, School Board Dr. Nicely gave a brief overview of the petition. Chris Burns from Balzer in attendance to answer any questions. ' Mike Wray also gave brief overview. Chairman Hooker opened and closed the public hearing with the following speaker. Valerie Brown of the Greater Williamson Road Area Business Association stated, "As the Executive Director for the Greater Williamson .-Road Area Business Association, I'm pleased to address you in support of sidewalks and crosswalks along Peters Creek Road and Williamson Road, in the vicinity of the new CTE property that we've just been talking about. As such, my remarks tonight are focused on the people side. That.is specifically the pedestrians. I have served as Executive Director for the past five-and-a-half years. And during the first three years, I spent a great amount of time getting to know the area, learning the businesses, and meeting the residents and business owners who make Williamson Road the:great place that, it is. It's now time to take things on Williamson Road to. the next level -and address the various issues that help make,it better. And in this instance, it's pedestrian safety: What I have learned is the following. First and foremost, we need to improve upon the established commercial, industrial, residential, and institutional foundations while, at the..same time, balancing those industrial and.:commercial pressures with the needs of the community.: That is being handled by the Economic ;Development Office in -the county. Second, enhancement of the visual appearance of Williamson Road and Plantation Road and the surrounding areas. This is a VDOT issue and, again, the Economic Development Office is handling that: And thirdly, to anticipate growth pressures and create.standards for quality development. And this is where I'm focusing my brief remarks tonight, the need for attention, yet again, for pedestrian safety.-These three issues do not. stand in competition with each other, but rather they run, concurrently. When one is down and seemingly causing issues, the other two come down and cause issues. Conversely, when one is up and working well, so do the other two. As a bit of background in addressing the issue of pedestrian safety, unfortunately, it goes without saying that the pedestrians and vehicles all along the Williamson Road corridor are seriously September 26, 2023 355 overrepresented with injuries and fatalities. And again, unfortunately, it's equally documented that Williamson Road, in both the city and the county, is the deadliest street for pedestrians. In a five-year period, there have been 12 pedestrian crashes with five of those with visible injuries, two with severe injuries, and five fatalities. These results indicate that when a pedestrian is involved 'in an accident, it's more likely to result in a serious or fatal injury. One crash, one injury, one fatality is clearly one too many, and we have had more than our fair share in five years. The problem is plain and simple: There's no ease of travel for pedestrians. And it's not just the roadway issues that cause these incidents, but the lack of sidewalks as well.. I share a recent accident which occurred, wherein the pedestrian was using a mobility scooter and was struck while traveling along the edge of Williamson Road. The lack of sidewalks along this section of Williamson Road provided no other way except by the side of the road. The accident occurred through no unsafe driving of the vehicle, but rather because there were no sidewalks and no extra designated space for the pedestrian travel. The crash resulted in a pedestrian fatality. Unfortunately, this scenario has played out several times on Williamson Road.. Not always the fatality, but always an injury. Simply put, there's no easy thoroughfare for pedestrians, whether along the side of the road or crossing the road. We are many who shared the Williamson Road roadway. If you go a block off Williamson Road in any direction, you will find neighborhoods full of families. The area in question wants to serve its residents, its neighbors, and its business owners, as well as those who travel up and down the road, to and from work, as well as those who come to shop. We want to support our schools and businesses, and we want to attract and grow more and bigger and better. To do this, we must take steps to make Williamson Road and surrounding areas as safe as we can. What we do know for sure is what we currently have is not working, so we need to take steps to make it work, make it better, make it safer. That's a big takeaway and one that we need to pay attention to. As progress moves forward with the new center and plans get updated and • changed due to dollars or timeframes, I plead with those responsible for those updates to not cut corners by removing or downsizing sidewalks and crosswalks from the plan. As we grow within the world of economic development, we need to be mindful that it's not just the building and the business that's at stake, but the additional population that makes up the greater community. And as much as we want to move forward with progress, we need to also consider those who make up our community. So, in summary, and then on behalf of the Greater Williamson Road Area Business Association, I and my board, we lend full support to the Roanoke County Public Schools' new CTE Center, but with a caveat. We need our sidewalks and crosswalks. This is not an area where we need to cut corners." ORDINANCE 092623-8 REZONING APPROXIMATELY 12.013 ACRES FROM R-3 (MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL) DISTRICT TO C-1 (LOW INTENSITY 356 September 26, 2023 COMMERCIAL DISTRICT) AND TO REMOVE THE PROFFERED CONDITION ON APPROXIMATELY 5.0 ACRES OF LAND ZONED C-1C (LOW INTENSITY COMMERCIAL DISTRICT WITH ONE CONDITION) LOCATED AT THE END OF BURLINGTON DRIVE, 6305 PETERS CREEK ROAD, AND 1120 EAST DRIVE, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the Roanoke County School Board is requesting to rezone approximately 12.013 acres from R-3 (Medium Density Multi-Family Residential) District to C-1 (Low Intensity Commercial) District in order for the Roanoke County School Board to construct a new Career and Technical Education facility, and the property subject to this request is located at 6305 Peters Creek Road and 1120 East Drive (Roanoke County Tax Map Numbers: 027.13-05-06.00-0000 and 027.13-05-37.00- 0000); and WHEREAS, the Roanoke County School Board is also requesting to remove one proffered condition on approximately 5.0 acres zoned C-1 C (Low Intensity Commercial District with one condition) for that same purpose, and the property subject to this request is, located at the end of Burlington Drive, addressed as 0 Burlington Drive (Roanoke County Tax Map Number: 027.13-05-05.00-0000); and WHEREAS, the first reading of this ordinance was held on August 22, 2023, and the second reading and public hearing were held on September 26, 2023; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 5, 2023; and WHEREAS, the Planning Commission recommends approval of the petition as requested;. and WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The petition of Roanoke County Public Schools to rezone approximately 12.013 acres from R-3;,(Medium Density Multi-Family Residential) District to C-1 (Low Intensity Commercial) District in order for the Roanoke County School;Board to construct a new Career and Technical Education facility on property located at, 6305 Peters-Creek Road and 1120 East Drive (Roanoke County Tax Map Numbers: 027.13-05-06.00-0000 and 027.13- 05-37.00-0000) is hereby approved..; 2. The petition of Roanoke. County Public Schools toy remove one proffered condition on approximately 5.0 acres zoned C-1 C (Low Intensity Commercial District with one condition) on property located at the end of Burlington Drive, addressed as 0 Burlington Drive (Roanoke County Tax Map Number:.027.13-05-05.00-0000) is hereby approved. September 26, 2023 357 3. The following proffered condition existing on property located at the end of Burlington Drive, addressed as 0 Burlington Drive (Roanoke County Tax Map Number: 027.13-05-05.00-0000) applied to the property by Ordinance 082796-10 dated August 27, 1996 is hereby removed as follows: ��,� ��.}�,.e� a. .If.-Bur�rlingntonn Road i-rs-used fa r acccess tto the sbeT''�P , then Burlrurlinngton Road shall ho i proved +_ _tandards as specified by the Virrggini ark atien (VDOT) and the Roanoke TTffa"'-D��L(T'CrfTCf7T�ITa7T0 � RT7Q-CfTGTCVL(T'fVtCG County D p en�f€ ine Tll improvem s—shalR ll bbe v vvrTcy-cr�7 l� er��• �--- -rr�p-P Gemplet fSd-pc} bejsF e- Occ panc y for the t phaceofany development nn the cite. 4. The Board finds that the request as submitted by the Roanoke County School Board is consistent with the purpose and intent of the County's. adopted Comprehensive Plan, is good zoning practice, and will not result in substantial detriment to the community. 5. This ordinance shall be in full force and effect thirty (30) days after its final passage. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor North to adopt the ordinance, seconded by Supervisor Hooker 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 North stated he attended the Vistar Eye Center Airport Road open house and dedication on September 14, 2023. This new state-of-the-art facility with 26,000 sq. ft. provides a new dedicated eye care facility in the Hollins community to serve all the region. Vistar is a valued member of the business community, and we appreciate their commitment to growth and vitality in the Hollins area. On September 19th, he attended the Greater Williamson Road Business Association where Megan Baker and Megan Cronise presented on Economic Development and Transportation projects in the Hollins area. Also, on September 19th, he attended a VDOT public meeting to gather input on the third lane widening 7 miles in each direction, 14 total miles, between both exits 143 and 150 on 1-81. The total cost of $479 million or $34 million each mile. The purpose is to add capacity and improve safety. Targeted construction begins in Fall of 2025 and completes the summer of 2031. In the recent budget negotiations, we and Southwest Virginia were not awarded $150 million. Half of it was approved by the House and the Senate. In budget negotiations, it was removed. 358 September 26, 2023 Getting transportation funds is darn hard and we're going to work tirelessly on our part to try to improve that. We'll learn more about 1-81 on Monday when he attends the annual meeting of the 1-81 Commission and participate in the vibrant discussion up and down the corridor of 1-81. Finally, today was a great day, a red-letter date, for economic development in Roanoke County. He thanked our team and staff, again, for the Wells Fargo announcement and for the Plantation Road facility. $87 million investment, the largest investment, I'm told, in the history of Roanoke County by any business. 1,100 new jobs, $57 million a loan per year in new wages to our region, and a total, all- encompassing, $322 million in regional impact. This is absolutely huge and it's going to increase school enrollment in some of our schools in the area, which is a great thing, which means that the State of Virginia will have to give us some more money. Supervisor Mahoney commended the Roanoke County Schools and specifically Mr. Spangler and Mr. Wray. Not so much for what we just voted on tonight, but something almost as critically important, which was back on Friday, September 22nd. We had the Cave Spring High School Homecoming Parade. The leader of that parade was Ronde Barber, and Mr. Spangler and Mr. Wray did a great job. Mr. Spangler got a beautiful plaque that's going to be erected at Bogle Field, and Mr. Wray had a wonderful resolution from the school board recognizing Ronde and his family, and they were there. And for those who don't remember or weren't around, Ronde and Tiki Barber were stars at Cave Spring High School. They both went on to have fantastic careers in the National Football League. Ronde was recently voted into the NFL Hall of Fame. He had his gold jacket. He played his entire career with the Tampa Bay Buccs and they won a Super Bowl. But also, he led the Homecoming Parade, which was great. It was a lot of fun; Cave Spring won the football game that night, so it was a great night all around. With that, I want to thank the school board and commend Steve Spangler and Mike Wray for all the things that they did to make Friday night a great success. Secondly, he thanked our county staff, Megan Cronise and also Brian Blevins. They were able to resolve a citizen complaint that came to me last week and they got right on it. He just;wanted to publicly say thank you both to Megan and to Brian Blevins at VDOT for getting right on it and addressing that citizen's concern. Supervisor Radford commented just another word of thanks to the announcement earlier today about Wells Fargo. It seems like Supervisor North has hit a home .run here with a new CTE in his area, and now the largest employer. That's fantastic news and it's, hard to top that. He will be attending the VACo Annual Meeting coming up in November, as he has joined their Committee of Energy, Environment, and Land Use. I hope I can use my expertise and help on a state level with that, so I'm looking forward to that. Supervisor Peters stated today's just been a great day. To add new jobs to Roanoke County, which will help everybody, to keep an employer here in town. This could have gone another way. they were obviously looking to make an expansion and that could have been somewhere else, so they chose to stay here and that's a wonderful thing. Fall Festival in Vinton is coming up on October the 7th and hopes September 26, 2023 359 anybody who wants to come out and just have a good time, come on down and see us. I know I'll be there. Supervisor Hooker commented like everyone else who has commented on what a great day it is for CTE in Roanoke County and the broader area, we are truly excited to be partnering with our schools and are just so pleased that this day has finally come. So, thank you for all your good work, and look forward to continuing that partnership. The Wells Fargo expansion, it was just such a great day on so many levels. She wants to again brag on our staff and all the good work that they did in preparing to give a successful proposal. Thank you to Wells Fargo for choosing to stay and look for many years of mutual benefit from this. She had an opportunity last week to hike McAfee's Knob and she hadn't done it in several years. It was incredibly refreshing on how beautiful it was. And this isn't even peak leaf season, but just a reminder of the beauty of this valley and we truly do have a lot to be thankful for. We went very early in the morning. That's what we do. But it was a great day. She had a family from out of town and it was a great experience, so she encourages you guys to be doing that soon. IN RE: ADJOURNMENT Chairman Hooker adjourned the meeting at 7:53 p.m. Sub 'tted by: Approved by: A 4,410•04 8 . kfr-r ' De:=rah C. Jacks Martha B. Hooker Chief Deputy Cle o the Board Chairman 360 September 26, 2023 PAGE LEFT BLANK INTENTIONALLY