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HomeMy WebLinkAbout10/11/2022 - Regular October 11 , 2022 837 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the first regularly scheduled meeting of the month of October 2022. 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 BAPS Temple prayer was given. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman Mahoney called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Paul M. Mahoney; Supervisors Martha B. Hooker, 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: FIRST READING OF ORDINANCES 1. Ordinance Amending Chapter 2 (Administration), Article V (County Board Organization and Procedures), Section 2-113 (Order of business), deleting the separate consent agenda for requests for public hearings and first reading of rezoning ordinances (Peter S. Lubeck, County Attorney) Mr. Lubeck outlined the request for ordinance. Supervisor Peters inquired if there has even been a time when the request was denied on first reading with Mr. Lubeck responding in the negative. 838 October 11 , 2022 Supervisor Mahoney commented that if there was an issue the item could be pulled off of the consent agenda for discussion. He added he thinks this is a good thing. There was no further discussion. Supervisor Peters' motion to approve the first reading and set the second reading and public hearing for October 25, 2022 was seconded by Supervisor Hooker and approved by the following vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance accepting and appropriating $290,700 and further appropriating $75,000 of Capital Fund Reserves, for the purchase of approximately 56 acres to expand public access to Read Mountain Preserve, Hollins Magisterial District (Lindsay Webb, Parks Planning and Development Manager) Ms. Webb advised there were no changes since the first reading of this ordinance held on September 28, 2022. There was no discussion. ORDINANCE 101122-1 ACCEPTING AND APPROPRIATING $290,700, AND FURTHER APPROPRIATING $75,000 OF CAPITAL FUND RESERVES, FOR THE PURCHASE OF APPROXIMATELY 56 ACRES TO EXPAND PUBLIC ACCESS TO READ MOUNTAIN PRESERVE, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the Virginia Outdoors Foundation ("VOF") provides grant funding to protect land in perpetuity and expand public access for outdoor recreation; and WHEREAS, the VOF has awarded Roanoke County $150,000 in grant funding from the Preservation Trust Fund-Public Access Program ("PTF") for the purchase of approximately fifty-six (56) acres of real property, identified as portions of Roanoke County Tax Map Numbers 028.00-01-07.00-0000, 028.03-01-22.00-0000, and 039.01- 01-46.00-0000, for the expansion of Read Mountain Preserve to provide public access from Old Mountain Road (State Road 605); and WHEREAS, the landowners have signed a letter of willingness to sell a portion of the three parcels totaling approximately fifty-six (56) acres of real property to Roanoke County; and • October 11 , 2022 839 WHEREAS, the Pathfinders for Greenways, a 501(c)(3) non-profit charitable organization has a mission of preserving and promoting greenways and trails in the Roanoke Valley; and WHEREAS, the Pathfinders for Greenways has committed up to $50,700 from their general funds and $90,000 from two private donations to help Roanoke County secure the acquisition of the above-referenced real property; and WHEREAS, the Roanoke County Comprehensive Plan encourages the acquisition of land for expansion of parks and supports the development of trails; and WHEREAS, the future acquisition of the above-noted property will be owned and maintained by Roanoke County for outdoor recreation and open-space in perpetuity for year-round public access; and WHEREAS, in accordance with the VOF PTF program requirements, the property shall be conveyed to Roanoke County with a permanent right of public access and designated as open-space in accordance with §10.1-1700 and §10.1-1801.1 of the Code of Virginia (1950), as amended; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on September 28, 2022, and the second reading was held on October 11, 2022. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $150,000 is hereby accepted from the Virginia Outdoors Foundation Preservation Trust Fund-Public Access Program and appropriated to the County's grant fund for the purpose of purchasing the above-referenced real property for the expansion of Read Mountain Preserve to provide public access to Old Mountain Road (State Road 605). 2. That the sum of $90,000 in private donations is hereby accepted from the Pathfinders for Greenways and appropriated to the County's grant fund for the purpose of purchasing the above-referenced real property for the expansion of Read Mountain Preserve to provide public access to Old Mountain Road.(State Road 605). 3. That the sum of $50,700 in general funds is hereby accepted from the Pathfinders for Greenways for the purposes of purchasing the above- referenced real property for the expansion of Read Mountain Preserve to provide public access to Old Mountain Road (State Road 605). 4. That the sum of $75,000 is hereby appropriated from the Roanoke County capital fund reserves to the County's grant fund for the purpose of purchasing the above-referenced real property for the expansion of Read Mountain Preserve to provide public access to Old Mountain Road (State Road 605). 5. That these appropriations designated for the expansion of Read Mountain Preserve will not lapse at the end of the fiscal year, and shall remain appropriated until the completion of the above-referenced project. 840 October 11 , 2022 6. That the County Administrator, Deputy County Administrator, or Assistant County Administrator are hereby authorized to execute such documents and to take such actions on behalf of Roanoke County in this matter as are necessary to accomplish this appropriation. 7. That this ordinance is to be in full force and effect upon its passage. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None IN RE: CONSENT AGENDA RESOLUTION 101122-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM F- 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 October 11, 2022, designated as Item F - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7 inclusive, as follows: 1. Approval of minutes—June 14, 2022 2. Resolution authorizing the use of competitive negotiation in the procurement of professional services for the construction of the proposed Bonsack fire station, pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 3. Request to approve holiday schedule for calendar year 2023 4. 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 5. Request to accept and allocate grant funds in the amount of$31,528.23 from the U. S. Department of Justice's Bulletproof Vest Partnership to the Roanoke County Police Department October 11 , 2022 841 6. Ordinance accepting and appropriating funds in the amount of $241,531 from the Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance Program, and authorizing the use of such funds to acquire property located at 915 Clearwater Avenue, Roanoke, Virginia 24019 (TAX PARCEL NO. 027.13-06-39.00-0000), Hollins Magisterial District (First reading of Ordinance) 7. Ordinance approving a site and ground lease with Seiontec Systems, LLC for placement of broadband equipment on Crowells Gap antenna (First reading of Ordinance) On motion of Supervisor Hooker to adopt the resolution, seconded by.Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None RESOLUTION 101122-2.a AUTHORIZING THE USE OF COMPETITIVE NEGOTIATION IN THE PROCURMENT OF PROFESSIONAL SERVICES FOR THE CONSTRUCTION OF THE PROPOSED BONSACK FIRE STATION, PURSUANT TO THE PUBLIC-PRIVATE EDUCATIONAL FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, at the County Administrator's direction, a request for proposals (pursuant to the Public-Private Education Facilities and Infrastructure Act (PPEA) was issued for the construction of a new County fire station which will be located at 1465 Mexico Way, NE in the City of Roanoke; and WHEREAS, the County's PPEA Guidelines (as revised January 2021), state that "The Board of Supervisors will determine at the initial stage review" the process that will be used in procuring services for completion of a project; and WHEREAS, insofar as the proposals predominantly involve professional services (as defined in Section 2.2-4301 of the Code of Virginia), it would be proper and lawful to use the procurement process of "competitive negotiation" for professional services (as set forth in Section 2.2-4302.2(A)(4) of the Code of Virginia. NOW, THEREFORE, BE IT RESOVLED by the Board of Supervisors of Roanoke County, that the Board directs the County's Purchasing Division Director and other appropriate County staff to use the procurement process of competitive negotiation for professional services in regards to above-mentioned project. On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None 842 October 11 , 2022 A-101122-2.b RESOLUTION 101122-2.c 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 Dance on Saturday, October 22, 2022, ending at midnight 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 from 10:00 P.M. till midnight, on Saturday, October 22, 2022; 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: 1. 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 Saturday, October 22, 2022. 2. That this Waiver is granted specifically to Hollins University for the events scheduled at the University on Saturday, October 22, 2022. On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None A-101122-2.d A-101122-2.e A-101122-2.f IN RE: REPORTS October 11 , 2022 843 Supervisor Peters moved to receive and file the following reports. The motion was seconded by Supervisor North carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of August 30, 2022 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Peters stated Vinton Fall Festival was held this past weekend and had a good turnout; wonderful weather. He added he was asked to tell everyone about the downtown Trick or Treating, which will be held on October 27, 2022 downtown Vinton, from 3:00 p.m. until 5:00 p.m. There will be a lot of kids downtown so be careful. Supervisor North advised on October 4, 2022, as a VACO stakeholder, he participated in Virginia Association of County's VDOT's stakeholder committee reviewing House Bill 275, which was sponsored by Delegate Pointer which established a stakeholder group to review the legislation. This deals with secondary street acceptance regulations, the goal is to allow local governments, community development and VDOT to reduce the number of connections to existing stub outs. On October 6, 2022, he participated in National Association of County's transportation steering committee call dealing with U.S. Department of Transportation grants under the inflation reduction act and will be sharing more on that with the Board later this week. IN RE: CLOSED MEETING At 3:14 p.m., Supervisor Mahoney moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (7) - to consult with legal counsel regarding probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. Legal counsel has a reasonable basis to believe that litigation may be commenced against the County by a known party. The motion was seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Mahoney, Hooker, North, Peters; Radford NAYS: None Chairman Mahoney recessed to the fourth floor at 3:15 p.m. 844 October 11 , 2022 I The closed session was held from 4:09 p.m. until 5:14 p.m. IN RE: CERTIFICATION RESOLUTION At 5:14 p.m., Supervisor Mahoney moved to return to open session to adopt the certification resolution. RESOLUTION 101122-3 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 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 Hooker to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Peters, Hooker, North, Radford, Mahoney NAYS: None IN RE: ADJOURNMENT Chairman Mahoney adjourned the meeting at 5:15 p.m.iS • itted by: Approved by: , .04 ../. 4.200,Aepe ., - -)(\kaAtue____- . .thialgiA_ De:.rah C. air Martha B. Hooker Chief Deputy t. -rk to the Board Chairman