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HomeMy WebLinkAbout8/20/2024 - Adopted Board Records ACTION NO. 082024-1 ITEM NO. D.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Resolution Authorizing Economic Development Incentive Agreements with (1) the County of Roanoke, the Roanoke County Economic Development Authority, and Mack Trucks, Inc., and (2) the County of Roanoke, the Virginia Economic Development Partnership Authority, the Roanoke County Economic Development Authority, and Mack Trucks, Inc. SUBMITTED BY: Megan Baker Director of Economic Development APPROVED BY: Richard L. Caywood County Administrator ISSUE: These are economic development performance-based incentive agreements to assist Mack Trucks with their expansion in Roanoke County. BACKGROUND: Mack Trucks is a privately held company headquartered in Greensboro, North Carolina, with more than $1.32 billion in sales and approximately 4,500 employees. The company is a leading manufacturer of medium-duty and heavy-duty trucks both in North America and more than 30 countries worldwide. Mack currently produces its medium-duty truck line at its Roanoke operations facility in Roanoke County, Virginia. Mack Trucks seeks to grow its production capacity for medium-duty trucks as well as its emergent Mack MD Electric model. The company, after reviewing options at other facilities, decided to expand its operations in Roanoke County. In support of the expansion, there are two proposed economic development incentive agreements: (1) the County of Roanoke, the Roanoke County Economic Development Authority and Mack Trucks, Inc. (the "Local Incentive Agreement"), and (2) the County of Roanoke, the Virginia Economic Development Partnership Authority, the Roanoke County Economic Development Authority, and Mack Trucks, Inc. (the "State Incentive Page 1 of 3 Agreement"). Mack Trucks intends to make a capital investment of $14,500,000, of which approximately $2,000,000 will be invested in machinery and tools, approximately $2,500,000 will be invested in furniture, fixtures and business personal property, and approximately $10,000,00 will be invested in the construction, expansion, and up-fit of the buildings for the facility. The expansion, equipping, improvement, and operation of the Facility will entail the creation and maintenance of 51 new jobs at the facility with an average salary of$52,530. The Local Incentive Agreement offers reimbursement of new tax revenues generated by the project over seven years (the "Local Incentive Grant"). The total amount of the Local Incentive Grant is estimated to be $842,520. The grant is conditioned upon the Company's annual new job creation and retention. If the Company fails to meet the benchmark of 51 jobs, the Local Incentive Grant for that year shall be reduced proportionally. The State Incentive Agreement offers $255,000 from the Commonwealth's Opportunity Fund (the "COF Grant"). These grant funds will be disbursed when the Company reaches an investment of at least $5,000,000 and creates and maintains 50 jobs. FISCAL IMPACT: The Virginia Economic Development Partnership agreement requires no additional funds from Roanoke County beyond a portion of the Local Incentive Grant serving as match to the COF grant. The Local Incentive Grant will be in the form of foregone revenue. As such, no new funding is needed for this project. STAFF RECOMMENDATION: Staff recommends adoption of a resolution authorizing the execution of performance agreements between (1) the County of Roanoke, the Roanoke County Economic Development Authority and Mack Trucks, Inc., and (2) the County of Roanoke, the Virginia Economic Development Partnership Authority, the Roanoke County Economic Development Authority, and Mack Trucks, Inc. VOTE: Supervisor Hooker moved to adopt the resolution. Supervisor Radford seconded the motion. Motion approved. Page 2 of 3 Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Peter S. Lubeck, County Attorney Megan Baker, Director of Economic Development Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 RESOLUTION 082024-1 AUTHORIZING ECONOMIC DEVELOPMENT INCENTIVE AGREEMENTS WITH (1) THE COUNTY OF ROANOKE, THE ROANOKE COUNTY ECONOMIC DEVELOPMENT AUTHORITY, AND MACK TRUCKS, INC., AND (2) THE COUNTY OF ROANOKE, THE VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY, THE ROANOKE COUNTY ECONOMIC DEVELOPMENT AUTHORITY, AND MACK TRUCKS, INC. WHEREAS, Mack Trucks, Inc. is a privately held company headquartered in Greensboro, North Carolina, with more than $1.32 billion in sales and approximately 4,500 employees. The company is a leading manufacturer of medium-duty and heavy- duty trucks both in North America and more than 30 countries worldwide. Mack currently produces its medium-duty truck line at its Roanoke operations facility in Roanoke County, Virginia; and WHEREAS, Mack Trucks seeks to grow its production capacity for medium-duty trucks as well as its emergent Mack MD Electric model. The company, after reviewing options at other facilities, decided to expand its operations in Roanoke County. In support of the expansion, economic development incentive agreements are proposed with (1) the County of Roanoke, the Roanoke County Economic Development Authority and Mack Trucks, Inc. and (the "Local Incentive Agreement"), and (2) the County of Roanoke, the Virginia Economic Development Partnership Authority, the Roanoke County Economic Development Authority, and Mack Trucks, Inc. (the "State Incentive Agreement"); and WHEREAS, Mack Trucks intends to make a capital investment of $14,500,000, of which approximately $2,000,000 will be invested in machinery and tools, Page 1 of 3 approximately $2,500,000 will be invested in furniture, fixtures and business personal property, and approximately $10,000,00 will be invested in the construction, expansion, and up-fit of the buildings for the facility. The expansion, equipping, improvement, and operation of the Facility will entail the creation and maintenance of 51 new jobs at the facility with an average salary of$52,530; and WHEREAS, the Local Incentive Agreement offers reimbursement of new tax revenues generated by the project over seven years (the "Local Incentive Grant"). The total amount of the Local Incentive Grant is estimated to be $842,520. The grant is conditioned upon the Company's annual new job creation and retention. If the Company fails to meet the benchmark of 51 jobs, the Local Incentive Grant for that year shall be reduced proportionally; and WHEREAS, the State Incentive Agreement offers $255,000 from the Commonwealth's Opportunity Fund (the "COF Grant"). These grant funds will be disbursed when the Company reaches an investment of at least $5,000,000 and creates and maintains 50 jobs. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. The Board authorizes the County Administrator, Deputy County Administrator, or Assistant County Administrator to execute the above- described Local and State Incentive Agreements, in substantially the same form as today presented, with any minor amendments that may be approved as to form by the County Attorney. 2. This resolution shall take effect immediately upon its adoption. Page 2 of 3 On motion of Supervisor Hooker to adopt the resolution; seconded by Supervisor Radford and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: No i A COPY TESTE: / Ric L. Ca o , .E. unty Admin ator/ Clerk to the Board of Supervisors CC: Peter S. Lubeck, County Attorney Megan Baker, Director of Economic Development Page 3 of 3 ACTION NO. 082024-2 ITEM NO. E.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Ordinance authorizing the acquisition of real property containing approximately 2.71 acres located at 4818 Starkey Road, Roanoke, Virginia (Roanoke County Tax Map No: 087.07-01-16.00-0000) SUBMITTED BY: Rachel Lower Deputy County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: In order to enhance services for Roanoke County residents and to improve the work environment for Roanoke County employees, staff have identified a need for a new Department of Parks, Recreation, and Tourism office. BACKGROUND: Staff have identified a need for a new Roanoke County Department of Parks, Recreation, and Tourism office in Roanoke County. To accomplish this project, staff initiated a search of real estate to acquire to achieve this purpose. County staff have concluded that a certain property, containing approximately 2.71 acres and an existing building, located at 4818 Starkey Road, would be the most appropriate property to purchase and relocate Roanoke County's Department of Parks, Recreation, and Tourism office to. DISCUSSION: The property located at 4818 Starkey Road is currently owned by the Economic Development Authority of Roanoke County, Virginia. County staff have been in contact with representatives of the Economic Development Authority of Roanoke County, Virginia, and have mutually agreed upon terms of the sale of the property located at 4818 Starkey Road. Page 1 of 2 FISCAL IMPACT: The purchase price of the property located at 4818 Starkey Road will be $1,907,152.33. The purchase price will include certain items of personal property that are currently located in the building to be sold with the property. Funding for purchase of the property and renovating the existing building located thereon can come from Roanoke County's bonds through the Virginia Resource Authority (VRA) as part of their 2022E Fall issuance. To use this bonding an amendment must be made to the VRA bond financing lease and tax certificate documents. The amendment is being presented to the Board as a separate agenda item on August 20, 2024. STAFF RECOMMENDATION: Staff recommends approval of the first reading of this ordinance, and scheduling of the second reading on September 10, 2024. VOTE: Supervisor Mahoney moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for September 10, 2024. Supervisor North seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney /1 ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ Page 2 of 2 ACTION NO. 082024-3 ITEM NO. E_2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Ordinance authorizing the reallocation of a portion of the proceeds of the County's 2022 lease financing with Virginia Resource Authority SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: First reading of an ordinance authorizing the reallocation of a portion of the proceeds of the County's 2022 lease financing with Virginia Resource Authority BACKGROUND: The County of Roanoke issued $13 million in bonds through the Virginia Resource Authority (VRA) as part of their 2022B Fall issuance. A portion of these proceeds, $4.775 million, are being used for the board approved project titled "Public Service Center Phase II" as described in Attachment A. When the County submitted the application to participate in the issuance, the description of the project was for"new construction of approximately 12,000 s.f. of office space, renovation to an existing 21,000 s.f. storage warehouse, and new construction of a 7,000 s.f. outdoor storage structure to relocate the Parks, Recreation, and Tourism administrative offices and north and east PRT shops. Significant site grading, sanitary sewer main relocation, and building sprinkler system are included in the project scope." DISCUSSION: However, during the final phase of construction document development, a cost estimate was provided, showing a significant increase in the construction budget, which placed the project cost above the overall project budget. It was determined that the project Page 1 of 2 budget could not be achieved without significantly reducing the scope by reprogramming spaces and redesigning the proposed facilities. As an alternative to a complete redesign, the Parks, Recreation & Tourism administration offices could be relocated to an existing building that would accommodate the previously developed space program, require fewer renovations, less site development, and significantly reduce new construction costs. A building has been identified which is appropriately sized and structurally sound. Although some interior renovations and building equipment replacement are required, the purchase price and projected renovation costs are less than constructing a new administration office facility. Parks operations will utilize the existing Hollins Road warehouse, and the adjacent field will be developed into a storage laydown yard. The VRA requires an amendment to the original description in order to use the bond proceeds set aside for this project to buy a building versus new construction as originally planned. The revised 2022 Financing Lease and the 2022 Tax document are attached with the updated description along with the required ordinance to approve the changes. FISCAL IMPACT: At this time, there is no fiscal impact as the project is estimated to stay within the already board approved budget. STAFF RECOMMENDATION: Staff recommends approval of the first reading of the ordinance and scheduling the second reading for September 10, 2024. VOTE: Supervisor Mahoney moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for September 10, 2024. Supervisor Hooker seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ Page 2 of 2 Capital Improvement Program .,.,e FY 2023 — FY 2032 = i Attachment A Public Service Center Facility Replacement Department: General Services Category: Replacement Location: 1206 Kessler Mill Road, Salem, VA 24153 Est. Useful Life: 30 years Magisterial District City of Salem Project Status: Active Financial Summary Through Total Cost FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 23-FY 32 Total Project Cost 17,670,000 12,895,000 4,775,000 0 0 0 0 0 0 0 0 0 4,775,000 Funding Sources Roanoke County- Unrestricted Cash 500,000 500,000 0 0 0 0 0 0 0 0 0 0 0 Fleet Center Fund 50,000 50,000 0 0 0 0 0 0 0 0 0 0 0 Transfer From Capital 1,345,000 1,345,000 0 0 0 0 0 0 0 0 0 0 0 Lease/Revenue Bonds 15,775,000 11,000,000 4,775,000 0 0 0 0 0 0 0 0 0 4,775,000 Total Funding Sources 17,670,000 I 2,895,000 4,775,000 0 0 0 0 0 0 0 0 0 4,775,000 Operating Impacts 0 0 0 TBD TBD TBD TBD TBD TBD TBD TBD Project Summary: i The Public Service Center Facility Replacement Project implements a strategy that best blends operational efficiencies ti. •,«. with overall cost effectiveness based on a comprehensive Building Planning Study completed in FY 2017.This project was initiated to address the multiple issues related to the current facility/site to include the condition of the facility, - significant storm water challenges, location within the Federal Emergency Management Agency(FEMA) designated _. is ■'.:. 100-year flood plain,and the cumulative resulting feasibility limitations for long term use of the site for existing .3 ,,. a=° County functions. In FY 2020, $1 1.0 million in bond funds were appropriated for the construction of Phase I of the • .Y� `: project. In FY 2021, $1.345 million was transferred from capital to cover bids from the Center for Research and Technology project($1.045 million) and Edward Rose project($0.3 million).These funds were then reinstated with FY 2020 year-end funds. Phase II of the project is planned for funding in FY 2023 with $4.775 million in bonds. 1-- 1 County of Roanoke , Virginia Page 124 of 158 Capital Improvement Program z ,.y ;f,9 Internal Services FY 2023 — FY 2032 .11 At Public Service Center Facility (continued) Project Description and Justification: The Public Service Center Facility Replacement Project began in FY 2017 with the completion of a Building Planning Project Highlights and Key Study. In FY 2018, a contract for acquisition on or before July 2019 was executed on a key piece of property necessary Milestones: for expansion of the existing County Fleet Service Center. • The building, originally In FY 2019, Architectural and Engineering services for Phase I of the project were contracted and commenced. Phase I constructed in 1950, is included expansion of the existing Fleet Services Center for all General Services department functions, renovation of a located in a flood plain, and section of the facility adjacent to the Fleet Service Center for relocation of the Communications Shop and site flooded in 1985 and 2004. management functions for Communications & Information Technology, utilization of the existing Public Service Center • The facility is regularly site not located within the flood plain for Stormwater Operations, and the relocation a district shop for the Parks, impacted by water entering Recreation, and Tourism Department to Green Hill Park. both office and operational In FY 2020, the County purchased two additional properties on Hollins Road for the future relocation of Parks, space during periods of Recreation and Tourism offices and warehouse needs as Phase II of the project. Phase II is currently anticipated to heavy rain due to commence in FY 2023. inadequate drainage. • In FY 2017, a Building Additional Operating Impacts: Planning Study was Maintenance costs for the building will likely decrease with the completion of multiple phases of the project. Non- commissioned to identify a deferrable short and long term maintenance needs for the existing facility can be redirected for other facility replacement strategy. infrastructure operating or maintenance needs. • In FY 2019, Architectural Conformance with Plans, Policies, and Legal Obligations: and Engineering design The Public Service Center is a core facility that provides support to all departments and direct delivery of major services for Phase I were services/programs to citizens. completed. • In FY 2020, the County Community Strategic Plan contracted for the acquisition of property to facilitate the relocation of Keep Roanoke County Healthy,Clean,and Beautiful Parks, Recreation & Tourism, currently planned Outdoor Recreation & Natural Resources I Solid Waste& Recycling for FY 2023 construction. County of Roanoke , Virginia Page 125 of 158 ACTION NO. 082024-4 ITEM NO. E.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Ordinance approving the execution of a lease agreement with .com Properties, IV, LLC for forty (40) parking spaces located at 200 East Calhoun Street, Salem, Virginia SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: Richard L. Caywood County Administrator ISSUE: Roanoke County currently leases forty (40) parking spaces from .com Properties IV, LLC to serve Roanoke County Department of Social Services' staff and clients near the County-owned Department of Social Services building. The current lease with .com Properties IV, LLC is set to expire on August 31 , 2024, and needs to be renewed. BACKGROUND: The Roanoke County Department of Social Services ("DSS") employs more than 100 employees and provides services to the citizens of Roanoke County, the Town of Vinton, and the City of Salem. DSS is located in a building located at 220 East Main Street in Salem, Virginia. The County owns property with parking spaces adjacent to the DSS building, but such property is insufficient to meet the parking needs of all DSS staff and clients. There is an adjacent parking lot located at 200 East Calhoun Street with forty (40) parking spaces owned by .com Properties IV, LLC that the County has leased for parking for DSS employees since 2001 . DISCUSSION: County staff have discussed terms of a new lease agreement with representatives of .com Properties IV, LLC for the continued lease of the forty (40) parking spaces at 200 Page 1 of 2 East Calhoun Street in Salem, Virginia. Representatives of .com Properties IV, LLC request rent in the amount of $2,350.00 per month for a consecutive term of thirty-six (36) months. Roanoke County would remain responsible for all maintenance, snow removal, sealing and patching of the forty (40) parking spaces. The owner (.com Properties IV, LLC) would remain responsible for the payment of real estate taxes on the property. FISCAL IMPACT: The rental fee to lease the parking lot is $2,350.00 per month plus maintenance expenses. Portions of the base rental fee are reimbursable by the Commonwealth of Virginia for Department of Social Services purposes. STAFF RECOMMENDATION: Staff recommends that this ordinance be approved on an emergency basis, and that the second reading be dispensed with upon an affirmative vote of 4/5ths of the members of the Board, as this is an emergency measure due to the expiration of the current lease with .com Properties IV, LLC on August 31, 2024. VOTE: Supervisor Hooker moved to approve the ordinance as an emergency ordinance, due to time constraints, and to dispense the second reading upon an affirmative vote of 4/5ths of the members of the Board. Supervisor Radford seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Peter S. Lubeck, County Attorney Susan Goad, Director of Social Services Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 EMERGENCY 082024-4 ORDINANCE APPROVING THE EXECUTION OF A LEASE AGREEMENT WITH .COM PROPERTIES IV, LLC FOR FORTY (40) PARKING SPACES LOCATED AT 200 EAST CALHOUN STREET, SALEM, VIRGINIA WHEREAS, the Roanoke County Department of Social Services ("DSS") employs more than 100 employees and provides services to the citizens of Roanoke County, the Town of Vinton, and the City of Salem; and WHEREAS, DSS is located in a building located at 220 East Main Street in Salem, Virginia; and WHEREAS, Roanoke County owns property with parking spaces adjacent to the DSS building, but such property is insufficient to meet the parking needs of all DSS staff and clients; and WHEREAS, there is an adjacent parking lot located at 200 East Calhoun Street with forty (40) parking spaces owned by .com Properties IV, LLC that the County has leased for parking for DSS employees and clients since 2001 ; and WHEREAS, the current lease with .com Properties IV, LLC is set to expire on August 31 , 2024 and needs to be renewed; and WHEREAS, in order to maintain parking spaces for DSS employees and clients, Roanoke County staff have discussed terms of a new lease agreement with representatives of .com Properties IV, LLC for the continued lease of the forty (40) parking spaces at 200 East Calhoun Street in Salem, Virginia; and Page 1 of 3 WHEREAS, the Board of Supervisors of Roanoke County, Virginia has determined that it is in the public interest and that a public necessity exists to lease the forty (40) parking spaces at 200 East Calhoun Street in Salem, Virginia; and WHEREAS, § 18.04 of the Roanoke County Charter provides that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on August 20, 2024, and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed to be an emergency measure pursuant to § 18.04 of the Roanoke County Charter. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 . That the execution of a Second Lease Agreement with .com Properties IV, LLC for forty (40) parking spaces located at 200 East Calhoun Street, Salem, Virginia is hereby authorized and approved. 2. That the County Administrator, Deputy County Administrator, or Assistant County Administrator are hereby authorized to execute such documents, including but not limited to the Second Lease Agreement (with any changes as approved by the County Attorney's Office) and any other documents necessary to accomplish this ordinance and to take such actions on behalf of Roanoke County in this matter as are necessary to accomplish this ordinance, all of which shall be approved as to form by the County Attorney. 3. That this ordinance is to be in full force and effect upon its passage. Page 2 of 3 On motion of Supervisor Hooker to approve the ordinance as an emergency ordinance, due to time constraints, and to dispense the second reading upon an affirmative vote of 4/5ths of the members of the Board; seconded by Supervisor Radford and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Ric L. Caywood, P.E. Cou ty Administrator / Clerk to the Board of Supervisors CC: Peter S. Lubeck, County Attorney Susan Goad, Director of Social Services Page 3 of 3 ACTION NO. 082024-5 ITEM NO. F.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: The petition of Joel Calfee to obtain a special use permit to operate a short-term rental on approximately 0.2599 acre of land zoned R-1 , Low Density Residential District, located at 1176 Nover Avenue, Hollins Magisterial District. SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Agenda item for public hearing and second reading of ordinance for a special use permit for short-term rental in a residential district. BACKGROUND: • The Roanoke County Zoning Ordinance defines a short-term rental as "the provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. This use does not include existing uses defined in this ordinance including bed and breakfast, bed and breakfast inn, boarding house, country inn, and hotel/motel/motor lodge." • A short-term rental has several use and design standards. In the R-1 and R-2 zoning districts, a special use permit is required for a short-term rental on lots less than five (5) acres in size. DISCUSSION: The Planning Commission held a public hearing on this application on August 6, 2024. No citizens spoke during the public hearing. The Planning Commission discussed: that the short-term rental use has been operating since September 2023; the applicant's preference for short-term rental use versus long-term rental use; the applicant operates Page 1 of 4 several short-term rentals in the Roanoke area; the applicant's house rules; neighbors have the applicant's contact information; applicant uses both VRBO and Airbnb platforms; the maximum number of guests is six (6); the property is adjacent to commercial property fronting Peters Creek Road; surrounding zoning and uses; and future land use designation. The Planning Commission recommends approval of the special use permit for a short- term rental with the following conditions: 1. The short-term rental shall be limited to the finished area of the existing residential dwelling (approximately 1 ,400 square feet). 2. The number of overnight guests shall not exceed six (6) people. 3. One (1 ) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be provided on-site and shall be located in driveways and other designated approved parking areas. 4. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. 5. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. 6. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. 7. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the second reading of an ordinance for a special use permit to operate a short-term rental on approximately 0.2599 acre on property zoned R-1 , Low Density Residential District, with the following conditions: 1 . The short-term rental shall be limited to the finished area of the existing residential dwelling (approximately 1 ,400 square feet). 2. The number of overnight guests shall not exceed six (6) people. 3. One (1) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be Page 2 of 4 provided on-site and shall be located in driveways and other designated approved parking areas. 4. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. 5. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. 6. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. 7. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. VOTE: Supervisor North found that the proposed special use permit: 1 . 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. Is in conformance with the Roanoke County Comprehensive Plan; and 3. Will have a minimum adverse impact on the surrounding neighborhood and community. Therefore, moved that the Board approve the petition to obtain a special use permit, with the following seven (7) conditions: 1 . The short-term rental shall be limited to the finished area of the existing residential dwelling (approximately 1,400 square feet). 2. The number of overnight guests shall not exceed six (6) people. 3. One (1) off-street parking space shall be provided for each guestroom in addition to parking spaces required for the principal dwelling. All parking shall be provided on-site and shall be located in driveways and other designated approved parking areas. 4. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. 5. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. 6. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. 7. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. Supervisor Radford seconded the motion. Motion Approved. Page 3 of 4 Yes No Absent Mr. Radford Z ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Philip Thompson, Director of Planning Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 ORDINANCE 082024-5 GRANTING A SPECIAL USE PERMIT TO JOEL CALFEE TO OPERATE A SHORT-TERM RENTAL ON APPROXIMATELY 0.2599 ACRE OF LAND ZONED R-1 (LOW DENSITY RESIDENTIAL) DISTRICT, LOCATED AT 1176 NOVER AVENUE, HOLLINS MAGISTERIAL DISTRICT WHEREAS, Joel Calfee has filed a petition for a special use permit to operate a short-term rental on approximately 0.2599 acre of land zoned R-1 (Low Density Residential) District, located at 1176 Nover Avenue (Roanoke County Tax Map Number 027.13-03-02.00-0000), in the Hollins Magisterial District; and WHEREAS, the first reading of this ordinance was held on July 23, 2024, and the second reading and public hearing were held on August 20, 2024; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 6, 2024; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition to obtain a special use permit, with seven (7) conditions; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1 . The Board finds that the proposed special use meets the requirements of Section 30-19-1 of the Roanoke County Code and that the proposed special use conforms with the standards set forth in article IV, use and design standards of the Roanoke County Zoning Ordinance. Page 1 of 3 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 seven (7) conditions: a. The short-term rental shall be limited to the finished area of the existing residential dwelling (approximately 1 ,400 square feet). b. The number of overnight guests shall not exceed six (6) people. c. One (1) off-street parking space shall be provided for each guestroom (bedrooms or other rooms where guests sleep) in addition to parking spaces required for the principal dwelling. All parking shall be provided on-site and shall be located in driveways and other designated approved parking areas. d. The property owner shall provide and maintain in good working order every smoke detector, carbon monoxide detector, and fire extinguisher required by law. Exits required by law shall not be obstructed. e. The property must maintain a residential appearance. No signage shall be allowed with the short-term rental use. f. No events such as parties, banquets, weddings, receptions, meetings, or similar events shall be allowed with the short-term rental use. g. A business license shall be obtained from the Commissioner of Revenue for the short-term rental use. Page 2 of 3 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. On motion of Supervisor North to approve ordinance; seconded by Supervisor Radford and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: / Rich . Caywood, P.E. unty Administrator / Clerk to the Board of Supervisors CC: Philip Thompson, Director of Planning Page 3 of 3 ACTION NO. 082024-6 ITEM NO. G.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Confirmation of appointment to the Social Services Advisory Board (Appoint by District) SUBMITTED BY: Rhonda Perdue Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: Confirmation of appointment. BACKGROUND: Teena Wilkin's four-year term is set to expire July 31 , 2024 and wishes to be re- appointed. DISCUSSION: Staff has recommended the following appointment: Teena Wilkin, be re-appointed for a four-year term to expire July 31, 2028 It is the consensus of the board to approve the above recommendation. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends approval of the appointment. Page 1 of 2 VOTE: Supervisor Radford moved to approve the appointment. Supervisor Mahoney seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Susan Goad, Director of Social Services Page 2 of 2 A T A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 RESOLUTION 082024-7.a-i APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for August 20, 2024, designated as Item H - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 9 inclusive, as follows: 1 . Approval of minutes — July 23, 2024 2. Ordinance to accept and appropriate grant funds in the amount of$186,275 from the Virginia Opioid Abatement Authority along with local matches of $48,000 from the Opioid Abatement Settlement Funds received by Roanoke County. (Second Reading) 3. Request to accept and allocate the Virginia 9-1-1 Services Board fiscal year 2024 Data Maintenance and Data Transfer grant in the amount of $5,000. 4. Resolution requesting the Virginia Department of Transportation (VDOT) to accept Foxfield Lane of Section 4 of the River Oaks Subdivision in the Catawba Magisterial District into the VDOT Secondary Road System. 5. Request to approve holiday schedule for calendar year 2025. 6. Ordinance authorizing the Treasurer of the County of Roanoke to employ the services of a private collection attorney to assist with the collection of delinquent accounts and to authorize the imposition of a fee to cover the cost of retaining a private collection attorney. (Second Reading) 7. Ordinance authorizing the granting of an easement to the Western Virginia Water Authority for water and sewer improvement projects. (First Reading and Request for Second Reading) Page 1 of 2 8. The petition of Dale Wilkinson to rezone approximately 21 .39 acres of land zoned I-1 ,Low Intensity Industrial District, to R-3, Medium Density Multi- Family Residential District, in order to develop a 225-lot residential subdivision, located at 7812 Sanderson Drive, Hollins Magisterial District. (First Reading and Request for Second Reading and Public Hearing) 9. Resolution requesting the Virginia Department of Transportation (VDOT) to accept Integrity Drive in the Vinton Magisterial District into the VDOT Secondary Road System. On motion of Supervisor Hooker to approve the resolution; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: and L. Caywood, P.E. ounty Administrator / Clerk to the Board of Supervisors CC: Madeline Hanlon, Community Engagement Director Laurie Gearheart, Director of Finance and Management Services Susan Slough, Director of Emergency Communications Tarek Moneir, Director of Development Services Elijah Daly, Director of Human Resources Kevin Hutchins, Treasurer Page 2 of 2 ACTION NO. 082024-7.b ITEM NO. H2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Ordinance to accept and appropriate grant funds in the amount of $186,275 from the Virginia Opioid Abatement Authority along with local matches of $48,000 from the Opioid Abatement Settlement Funds received by Roanoke County SUBMITTED BY: Madeline Hanlon Assistant to County Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance to accept and appropriate $186,275 from the Virginia Opioid Abatement Authority to abate and remediate the opioid epidemic in Roanoke County along with local matches of $48,000 from the Opioid Abatement Settlement Funds received by Roanoke County. BACKGROUND: The Opioid Abatement Authority (OAA) is an independent body, the purpose of which is to abate and remediate the opioid epidemic in the Commonwealth through financial support from the Fund, in the form of grants, donations, or other assistance, for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth. On March 26, 2024 a work session presentation to discuss Roanoke County's participation in the Spring 2024 Opioid Abatement Grant application window was held. At the consensus of the Board several individual and cooperative grant applications were submitted. Page 1 of 3 DISCUSSION: The Virginia Opioid Abatement Authority has awarded Roanoke County grant funds to assist in the abatement and remediation of the opioid epidemic to the following programs in the following amounts for the fiscal year 2025. Individual Grants: Partnership for Community Wellness- $146,275 with a County "match" from existing funds directly received from Opioid Abatement settlements of $16,500 for a total project of $162,775 for fiscal year 2025. Family Service of Roanoke Valley- $40,000 with a County "match" from existing funds directly received from Opioid Abatement settlements of $4,000 for a total project of $44,000 for fiscal year 2025. Additionally the County in cooperation with the City of Roanoke was successfully awarded the following cooperative grants. The City of Roanoke is the fiscal agent for these projects. Cooperative Grants: Roanoke Valley Collective Response- $349,741 carryforward funds from fiscal year 2024. No additional County match. Restoration Housing- $225,472 with a County "match" from existing funds directly received from Opioid Abatement settlements of $27,500 and a City match of $27,500. The City of Roanoke is administering this grant. There have been no changes since the first reading held on July 23, 2024. FISCAL IMPACT: The total amount of the grants awarded to the County of Roanoke is $206,775 which includes a local match of $20,500. The local match will be moved from the Opioid Abatement Settlement Fund and moved to the Grant Fund. In addition, $27,500 will be paid out of the Opioid Abatement Settlement Fund to the City of Roanoke for our local match for the Restoration Housing Grant being administered by the City of Roanoke. No additional appropriation of County funds is required. Page 2 of 3 STAFF RECOMMENDATION: Staff recommends approval of the ordinance to accept and appropriate $186,275 in grant funds along with the required local matches of$48,000. VOTE: Supervisor Hooker moved to accept and allocate the grant funds along with the requited matches. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® fl ❑ Mr. North ® ❑ ❑ CC: Madeline Hanlon, Community Engagement Director Laurie Gearheart, Director of Finance and Management Services Joshua Pegram, Finance Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 ORDINANCE 082024-7.b TO ACCEPT AND APPROPRIATE GRANT FUNDS IN THE AMOUNT OF $186,275 FROM THE VIRGINIA OPIOID ABATEMENT AUTHORITY ALONG WITH LOCAL MATCHES OF $48,000 FROM THE OPIOID ABATEMENT SETTLEMENT FUNDS RECEIVED BY ROANOKE COUNTY WHEREAS, the Opioid Abatement Authority (OAA) is an independent body, the purpose of which is to abate and remediate the opioid epidemic in the Commonwealth through financial support from the Fund in the form of grants, donations, or other assistance, for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth; and WHEREAS, on March 26, 2024, a work session presentation to discuss Roanoke County's participation in the Spring 2024 Opioid Abatement Grant application window was held, and several individual and cooperative grant applications were submitted; and WHEREAS, the Virginia Opioid Abatement Authority has awarded Roanoke County individual grants to the following programs in the following amounts for the fiscal year 2025 to assist in the abatement and remediation of the opioid epidemic: 1 . Partnership for Community Wellness--$146,275, with a County match from existing funds directly received from Opioid Abatement settlements of $16,500 for a total project of$162,775; and 2. Family Service of Roanoke Valley--$40,000, with a County match from existing funds directly received from Opioid Abatement settlements of $4,000 for a total project of $44,000; and WHEREAS, additionally the County, with the City of Roanoke, was successfully awarded cooperative grants to the following programs in the following amounts, of which the City of Roanoke will be fiscal agent for these projects: 1. Roanoke Valley Collective Response--$349,741 carryforward funds from fiscal year 2024, and no additional County match; and 2. Restoration Housing--$225,472, with a County match from existing funds directly received from Opioid Abatement settlements of$27,500, and a City match of $27,500; the City of Roanoke is administering this grant; and WHEREAS, the total amount of the grants awarded to the County of Roanoke is $206,775, which includes a local match of $20,500 that will be moved from the Opioid Abatement Settlement Fund and moved to the Grant Fund; and WHEREAS, an additional $27,500 will be paid out of the Opioid Abatement Settlement Fund to the City of Roanoke for our local match for the Restoration Housing Grant being administered by the City of Roanoke; 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 July 23, 2024, and the second reading was held on August 20, 2024. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of$186,275 is hereby accepted and appropriated to the Grant Fund. 2. That the County's matching sum of $20,500 be reallocated from the Opioid Abatement Settlement Fund and moved to the Grant Fund. 3. That an additional $27,500 will be paid out of the Opioid Abatement Settlement Fund to the City of Roanoke for our local match for the Restoration Housing Grant being administered by the City of Roanoke. 4. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor Hooker to approve the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Rich . Caywood, P.E. ou y Administrator / Clerk to the Board of Supervisors CC: Madeline Hanlon, Community Engagement Director Laurie Gearheart, Director of Finance and Management Services Joshua Pegram, Finance ACTION NO. 082024-7.c ITEM NO. H.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Request to accept and allocate the Virginia 9-1-1 Services Board fiscal year 2024 Data Maintenance and Data Transfer grant in the amount of $5,000 SUBMITTED BY: Susan Slough Director of Emergency Communications APPROVED BY: Richard L. Caywood County Administrator ISSUE: Request to accept and allocate funds in the amount of $5,000 in grant funding from the Virginia Department of Emergency Management. BACKGROUND: This is a recurring GIS and data grant program. Funds were requested by Virginia Public Safety Answer Points (PSAPs) to meet local needs in keeping GIS data layers critical for Next Generation 9-1-1 current and accurate to ground conditions and available for Next Generation 9-1-1 Core services and local PSAP systems. DISCUSSION: The grant funds will be used to maintain the ETL (Extract, Transform and Load) script to support the regional PSAPs mapping files used by Roanoke County, Roanoke City and City of Salem 9-1-1 centers. This allows for when one locality updates information, all the jurisdictions can update theirs. FISCAL IMPACT: Awarded grant state funds total $5,000. There is no County match required with the acceptance of this grant. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends the acceptance and allocation of grant funds for data maintenance and data transfer in the amount of$5,000. VOTE: Supervisor Hooker moved to accept and allocate the grant funds. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Susan Slough, Director of Emergency Communications Laurie Gearheart, Director of Finance and Management Services Joshua Pegram, Finance Page 2 of 2 ACTION NO. 082024-7.d ITEM NO. H.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Resolution requesting the Virginia Department of Transportation (VDOT) to accept Foxfield Lane of Section 4 of the River Oaks Subdivision in the Catawba Magisterial District into the VDOT Secondary Road System SUBMITTED BY: Tarek Moneir Director of Development Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Resolution to request the addition of Foxfield Lane - River Oaks Sec 4 into the Virginia Department of Transportation (VDOT) Secondary System of State Highways, in the Catawba Magisterial District. BACKGROUND: The County of Roanoke is requesting that the Board of Supervisors approve a resolution asking VDOT accept, as described by the AM-4.3, (See attachment A) 0.1164 mile of Foxfield Lane from the intersection with Millwheel Drive (VA SEC. Route # 1167) to the end of its western temporary turnaround. This road is located within the River Oaks Section 4 subdivision in the Catawba Magisterial District. DISCUSSION: The staff has inspected this road along with representatives of VDOT and finds the road acceptable. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 1 of 2 STAFF RECOMMENDATION: The staff recommends that the Board approve the attached resolution requesting that VDOT accept Foxfield Lane into the Secondary System of State Highways. VOTE: Supervisor Hooker moved to approve the resolution. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® LI ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® n ❑ Mr. North ® n ❑ CC: Tarek Moneir, Director of Development Services Page 2 of 2 Attachment A Form AM 4.3 IC R ID:40020316 (Rev 06/25/2024) SSR `VDOT COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Form AM 4.3 In Roanoke County by Resolution of the governing body adopted 8/20/2024 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes to the secondary system of state highways. A Copy Testee Signed(County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision: River Oaks Section 4 CHANGE TYPE RTE NUM 8 CHANGE FROM TERMINI TO TERMINI LENGTH NUMBER OF RECORDAT ROW STREET NAME DESCRIPTION LANES ION WIDTH REFERENC E Addition Rt.1364-Foxfield New subdivision Intersection with End of Cul-de-sac 0.1164 2 40 Lane street§33.2-705 Millwheel Drive/ route 1167 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 RESOLUTION 082024-7.d REQUESTING ACCEPTANCE OF FOXFIELD LANE (WESTERN PORTION) OF SECTION 4 OF THE RIVER OAKS SUBDIVISION IN THE CATAWBA MAGISTERIAL DISTRICT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION ("VDOT") SECONDARY SYSTEM OF STATE HIGHWAYS WHEREAS, the street described on the attached Form AM-4.3, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street meets the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street described on the attached Form AM-4.3 to the secondary system of state highways, pursuant to §33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. BE IT FURTHER RESOLVED, this Board hereby guarantees the performance of the street requested herein to become a part of the State maintained secondary system of state highways for a period of one year from the date of the acceptance of the referenced streets by VDOT into the secondary system of state highways. This Board will reimburse all costs incurred by VDOT to repair faults in the referenced streets and related drainage facilities associated with workmanship or materials as determined exclusively by VDOT. On motion of Supervisor Hooker to approve the resolution; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Ric rd L. Caywood, P.E. ounty Administrator/ Clerk to the Board of Supervisors CC: Tarek Moneir, Director of Development Services Attachment A Form AM 4.3 ICR ID:40020316 (Rev 06/25/2024) SSR VDOT COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Form AM 4.3 In Roanoke County by Resolution of the governing body adopted 8/20/2024 The following VDOT Form AM-4.3 is hereby attached and i• orporated:s part of the governing body's resolution for changes to the second. s - of s.te high ays. A Copy Testee Signed(County Officia Report of Chan• econdary Sy em of State Highways Project/Subdivision: River Oaks Section 4 CHANGE TYPE RTE NUM& CHANGE FROM TERMINI TO TERMINI LENGTH NUMBER OF RECOROAT ROW STREET NAME DESCRIPTION LANES ION WIDTH REFERENC E Addition Rt.1364-Foxfield New subdivision Intersection with End of Cul-de-sac 0.1164 2 40 Lane street§33.2-705 Millwheel Drive/ route 1167 ACTION NO. 082024-7.e ITEM NO. H.5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Request to approve holiday schedule for calendar year 2025 SUBMITTED BY: Elijah Daly Director of Human Resources APPROVED BY: Richard L. Caywood County Administrator ISSUE: Approval of holiday schedule for calendar year 2025 BACKGROUND: The Roanoke County handbook includes guidelines for the holiday schedule. Each year in August we send the holiday calendar to the Board for your review and approval. We need to approve this early in calendar year 2024 as Public Safety departments begin to plan their schedules for calendar year 2025 and approve time off for staff. DISCUSSION: This year we have done some research and are interested in more closely aligning with the State in terms of holidays. With this in mind, I would like to share some proposed recommendations around the 2025 Holiday schedule for the County: • Eliminate floating holidays and close on Presidents' Day and Veterans Day • Close at noon (4 hours early) the Wednesday before Thanksgiving • Close the day after Christmas Many factors were considered when creating these recommendations including the positive impact on the employee population, removing the burden of processing/confusion around floating holidays, and as mentioned more closely aligning with the State. Page 1 of 3 Below is Roanoke County's Proposed Holiday Schedule for 2025: Proposed County- 2025 Holiday Schedule New Year's Day Wednesday, January 1 Martin Luther King Day Monday, January 20 Presidents' Day Monday, February 17 (closed not floating) Memorial Day Monday, May 26 Juneteenth Thursday, June 19 Independence Day Friday, July 4 Labor Day Monday, September 1 Veterans Day Tuesday, November 11 (closed not floating) Day Before Thanksgiving Wednesday November 26, (new) Close at 12:00pm Thanksgiving Day Thursday, November 27 Day After Thanksgiving Friday, November 28 Christmas Eve Wednesday, December 24 Christmas Day Thursday, December 25 Day after Christmas Friday December 26th (new proposed day) FISCAL IMPACT: The estimated fiscal impact of the proposed additional hours attributed to closing early the day before Thanksgiving and the day after Christmas is $250,000. This will impact the FY2026 budget, so we have time to include this in the proposed budget for FY2026. STAFF RECOMMENDATION: Staff recommends approval of the calendar year 2025 holiday schedule. VOTE: Supervisor Hooker moved to approve the calendar year 2025 holiday schedule. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® n ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ Page 2 of 3 CC: Elijah Daly, Director of Human Resources Page 3 of 3 ACTION NO. 082024-7.f ITEM NO. H.6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Ordinance authorizing the Treasurer of the County of Roanoke to contract for the services of a private collection attorney to assist with the collection of delinquent accounts and to authorize the imposition of a fee to cover the reasonable attorney's or collection agency's fees actually contracted for SUBMITTED BY: Kevin Hutchins Treasurer APPROVED BY: Richard L. Caywood County Administrator ISSUE: The Roanoke County Treasurer has identified a need to contract with an outside entity for the collection of certain delinquent tax accounts. In order to do so, the Board must approve of such, and the Board must also authorize the imposition of a fee (to be paid by a delinquent taxpayer) to cover the reasonable attorney's and collection agency's fees. BACKGROUND: Virginia Code § 58.1-3934 allows Virginia governing bodies to appoint or hire, with the approval of the treasurer and upon such terms as may be agreed upon, one or more attorneys to collect any local taxes or other charges which may have been delinquent for six months or more. Virginia Code § 58.1-3958 provides that the governing body of any county may impose, upon each person chargeable with delinquent taxes or other delinquent charges, fees to cover the reasonable attorney's or collection agency's fees actually contracted for. Such attorney's or collection agency fees shall not exceed twenty (20) percent of the taxes or other charges so collected. Such costs are in addition to all penalties and interest incurred on a delinquent tax account. Page 1 of 2 DISCUSSION: The Roanoke County Attorney's Office handles collections of many kinds of unpaid accounts for Roanoke County (including collection of unpaid personal property taxes, unpaid business license taxes, etc.). The Treasurer of the County of Roanoke has identified a need to contract with an outside entity for the collection of certain delinquent tax accounts. The Virginia Code allows for such, and allows for the payment of attorney's or collection agency fees not to exceed twenty (20) percent of the taxes or other charges so collected. This proposal recognizes that the costs of collection of delinquent accounts should be borne by those who have failed to meet their obligations, and not borne by the general Roanoke County citizenry. There have been no changes since the first reading of this ordinance held on July 23, 2024. FISCAL IMPACT: The fees imposed for informal collection efforts are chargeable against the delinquent taxpayer, so there is no fiscal impact to Roanoke County. In the event litigation is pursued by an outside entity for the collection of certain delinquent accounts, there may be costs associated in the litigation process to Roanoke County. STAFF RECOMMENDATION: Staff recommends the Board approve the ordinance. VOTE: Supervisor Hooker moved to approve the ordinance. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® n Ms. Hooker ® n Mr. Mahoney ® n Ms. Shepherd ® n n Mr. North ® ❑ CC: Peter S. Lubeck, County Attorney Kevin Hutchins, Treasurer Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 ORDINANCE 082024-7.f AUTHORIZING THE TREASURER OF THE COUNTY OF ROANOKE TO CONTRACT FOR THE SERVICES OF A PRIVATE COLLECTION ATTORNEY TO ASSIST WITH THE COLLECTION OF DELINQUENT ACCOUNTS AND TO AUTHORIZE THE IMPOSITION OF A FEE TO COVER THE REASONABLE ATTORNEY'S OR COLLECTION AGENCY'S FEES ACTUALLY CONTRACTED FOR WHEREAS, Virginia Code § 58.1-3934 allows Virginia governing bodies to appoint or hire, with the approval of the treasurer and upon such terms as may be agreed upon, one or more attorneys to collect any local taxes or other charges which may have been delinquent for six months or more; and WHEREAS, Virginia Code § 58.1-3958 provides that the governing body of any county may impose, upon each person chargeable with delinquent taxes or other delinquent charges, fees to cover the reasonable attorney's or collection agency's fees actually contracted for; and WHEREAS, Virginia Code § 58.1-3958 limits the fees to cover the reasonable attorney's or collection agency's fees to no more than twenty (20) percent of the taxes or other charges so collected; and WHEREAS, the Treasurer of the County of Roanoke has identified a need to contract with an outside entity for the collection of certain delinquent tax accounts; and WHEREAS, it is in the interest of the County to contract with an outside entity to assist with the collection of delinquent accounts and other charges; and WHEREAS, the first reading of this ordinance was held on July 23, 2024, and the second reading was held on August 20, 2024. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That, pursuant to Virginia Code § 58.1-3934, the Board hereby authorizes the employment of the services of a private collection attorney to assist with the collection of delinquent accounts. 2. That, pursuant to Virginia Code § 58.1-3958, the Board hereby imposes, upon each person chargeable with delinquent taxes or other delinquent charges, the maximum permitted fees to cover the reasonable attorney's or collection agency's fees actually contracted for. 3. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor Hooker to approve the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: . Caywood, P.E. County Administrator / Clerk to the Board of Supervisors CC: Peter S. Lubeck, County Attorney Kevin Hutchins, Treasurer ACTION NO. 082024-7.g ITEM NO. H.7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Ordinance authorizing the granting of an easement to the Western Virginia Water Authority for water and sewer improvement projects SUBMITTED BY: APPROVED BY: Richard L. Caywood County Administrator ISSUE: The Western Virginia Water Authority (WVWA) has contacted Roanoke County staff to advise about an upcoming project by the WVWA to install a new waterline extension in Roanoke County. The project will affect property owned by the Board of Supervisors at 0 South Roselawn Drive. In order to complete the work, the WVWA needs to acquire a permanent easement and a temporary construction easement from the Board of Supervisors for the property at 0 South Roselawn Drive. BACKGROUND: On June 24, 1993, the Board of Supervisors acquired by a Deed of Gift a parcel located at 0 South Roselawn Drive, containing .76 acres, and identified as Roanoke County Tax Map Number 086.03-01-38.00-0000. At the time of acquisition, the County needed the property due to location plans for the "South Transmission Line Project" and the "Starkey Road Water Line Project." The Deed of Gift for the property includes a restriction that the County will use the property for "utility projects only." County staff attended a site visit to the property with a representative of the WVWA. The property currently runs along a narrow section of South Roselawn Drive, is full of vegetation, and a transmission line runs along the property. DISCUSSION: In order to install a new waterline extension in Roanoke County, the WVWA plans to Page 1 of 2 install new, underground water pipes to provide an available municipal water source throughout a section of South Roanoke County. The WVWA's project is titled "Poages Mill Water and Sewer Improvements." In order to complete the work, the WVWA has requested easements from the Board of Supervisors across the property owned by the Board of Supervisors at 0 South Roselawn Drive. The WVWA has presented a Deed of Easement and a plat to Roanoke County staff, and the Roanoke County Attorney's Office has reviewed and approved of the terms of the Deed of Easement. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the first reading of the ordinance, and schedule a second reading for the Board of Supervisors September 10, 2024 meeting. VOTE: Supervisor Hooker moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for September 10, 2024. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ (I Mr. North ® ❑ ❑ Page 2 of 2 ACTION NO. 082024-7.h ITEM NO. H.8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: The petition of Dale Wilkinson to rezone approximately 21 .39 acres of land zoned I-1 ,Low Intensity Industrial District, to R- 3, Medium Density Multi-Family Residential District, in order to develop a 225-lot residential subdivision, located at 7812 Sanderson Drive, Hollins Magisterial District. SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Consent agenda item for first reading of an ordinance. BACKGROUND: The first reading of this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on this ordinance is scheduled for September 24, 2024. The title of this ordinance is as follows: The petition of Dale Wilkinson to rezone approximately 21 .39 acres of land zoned I- 1 ,Low Intensity Industrial District, to R-3, Medium Density Multi-Family Residential District, in order to develop a 225-lot residential subdivision, located at 7812 Sanderson Drive, Hollins Magisterial District. DISCUSSION: Page 1 of 2 There is no discussion on this item. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this ordinance for the purpose of scheduling the second reading and public hearing for September 24, 2024. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. VOTE: Supervisor Hooker moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for September 24, 2024. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ Page 2 of 2 ACTION NO. 082024-7.i ITEM NO. H.9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: Resolution requesting the Virginia Department of Transportation (VDOT) to accept Integrity Drive in the Vinton Magisterial District into the VDOT Secondary Road System SUBMITTED BY: Tarek Moneir Director of Development Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Resolution requesting the addition of Integrity Drive into the Virginia Department of Transportation ("VDOT") Secondary System of State Highways, in the Vinton Magisterial District. BACKGROUND: The County of Roanoke is requesting that the Board of Supervisors approve a resolution asking VDOT to accept, as described by the attached AM-4.3 (see attachment A), 0.16 mile of Integrity Drive from the intersection with Integrity Drive (VA SEC. Route # 829) to the end of its cul-de-sac. This road is located within the Valley Gateway Business Park in the Vinton Magisterial District. DISCUSSION: The staff has inspected this road along with representatives of VDOT and find the road acceptable. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 1 of 2 STAFF RECOMMENDATION: The staff recommends that the Board approve the attached resolution that VDOT accept Integrity Drive into the Secondary System of State Highways. VOTE: Supervisor Hooker moved to approve the resolution. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Tarek Moneir, Director of Development Services Page 2 of 2 Form AM 4.3 ICR ID:40093490 (Rev 07/18/2024) SSR VDDT COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Form AM 4.3 In Roanoke County by Resolution of the governing body adopted 8/20/2024 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes to the secondary system of state highways. A Copy Testee Signed(County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision: Integrity Drive Street Acceptance CHANGE TYPE RTE NUM a CHANGE FROM TERMINI TO TERMINI LENGTH NUMBER OF RECORDAT ROW STREET NAME DESCRIPTION LANES ION WIDTH REFERENC E Addition Rt.829-Integrity Access Project Current end of End of cul-de-sac 0.16 2 50 Drive(#0829-080- Industrial§33.2- state maintenance 321,501) 1509,§33.2-705 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 RESOLUTION 082024-7.i REQUESTING ACCEPTANCE OF INTEGRITY DRIVE (ROUTE 829) IN THE VALLEY GATEWAY BUSINESS PARK IN THE VINTON MAGISTERIAL DISTRICT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION ("VDOT") SECONDARY SYSTEM OF STATE HIGHWAYS WHEREAS, the street described on the attached Form AM-4.3, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street meets the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition; and WHEREAS, on February 22, 2005, the Board adopted Resolution 022205.5b requesting acceptance of Integrity Drive into the Virginia Department of Transportation Secondary System; and WHEREAS, on February 22, 2005, the Board adopted Ordinance 022205-10 authorizing the vacation, quitclaim, and release of all easements within the right-of-way of Integrity Drive upon the acceptance of Integrity Drive into the Virginia Department of Transportation Secondary System and the issuance of a land use permit by the Virginia Department of Transportation permitting existing waterlines and sewer mains to continue to operate in Integrity Drive right-of-way; and WHEREAS, prior to the adoption of Ordinance 022205-10, the Western Virgnia Water Authority submitted Land Use Permit Application No. 251622 requesting the ability to operate existing waterlines and sewer mains in Integrity Drive right-of-way; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street described on the attached Form AM-4.3 to the secondary system of state highways, pursuant to §33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. BE IT FURTHER RESOLVED, this Board hereby guarantees the performance of the street requested herein to become a part of the State maintained secondary system of state highways for a period of one year from the date of the acceptance of the referenced streets by VDOT into the secondary system of state highways. This Board will reimburse all costs incurred by VDOT to repair faults in the referenced streets and related drainage facilities associated with workmanship or materials as determined exclusively by VDOT. On motion of Supervisor Hooker to approve the resolution; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Ric . Caywood, P.E. ounty Administrator/ Clerk to the Board of Supervisors CC: Tarek Moneir, Director of Development Services Form AM 4.3 ICR ID:40093490 (Rev 07/18/2024) SSR \VDOT COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Form AM 4.3 In Roanoke County by Resolution of the govern adopted 8/20/2024 The following VDOT Form AM-4.3 is hereby attached d incorporated s part of the governi dy's resolution for changes to the sec dary s f st e hi h ays. A Copy Testee Signed(County Offi a . !/ Report of Chan es in the condary System of State Highways Project/Subdivision: Integrity Drive Street Acceptance CHANGE TYPE RTE NUM& CHANGE FROM TERMINI TO TERMINI LENGTH NUMBER OF RECORDAT ROW STREET NAME DESCRIPTION LANES ION WIDTH REFERENC E Addition Rt.829-Integrity Access Project Current end of End of cul-de-sac 0 16 2 50 Drive(#0829-080- Industrial§33.2- state maintenance 321,501) 1509,§33.2-705 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 RESOLUTION 082024-10 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 Radford to approve the resolution; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: Tone A COPY TESTE: and L. Caywood, P.E. County Administrator / Clerk to the Board of Supervisors ACTION NO. 082024-11 ITEM NO. N.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 20, 2024 AGENDA ITEM: The petition of Reed Road Solar 1 , LLC to obtain a special use permit for a major utility service (solar farm) on approximately 36.48 acres of land zoned AR Agricultural/Residential District, located at 9150 Reed Road, Windsor Hills Magisterial District. SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: Agenda item for public hearing and second reading of ordinance for a special use permit for a major utility service (solar farm). BACKGROUND: • The Roanoke County Zoning Ordinance defines utility services, major as "services of a regional nature which normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, community wastewater treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission." • Utility services, major is a special use in the AR, Agricultural/Residential District. DISCUSSION: The Planning Commission held a public hearing on this application on June 4, 2024. Six (6) citizens spoke at the June 4th Planning Commission Public Hearing, three (3) in favor of the application, and three (3) opposed to it. Those who spoke in favor of the Page 1 of 8 application cited the economic and environmental benefits of solar energy systems, as well as the possibility that this project could catalyze additional development of solar energy systems in the region. Those who spoke in opposition to the application raised concerns about noise, aesthetics, compatibility with surrounding uses, potential trespassing, the unknowns associated with this type of infrastructure, and the amount of tax revenue the project would generate. The Planning Commission voted to continue the public hearing until August 6th to provide for a more thorough review and consideration of the revised application. Of particular concern were a one-time $50,000 donation to the County proposed by the applicant, and the options for generating tax revenue for the project. The Planning Commission continued the public hearing on this application on August 6, 2024. At this hearing, five (5) people spoke during the public hearing, one person in support, two people opposed, one person had questions, and another person represented Energy Right, who spoke in general terms on the benefits or solar energy projects. Those in support discussed the benefits of solar energy, job growth, environmental protection, and energy availability. Those opposed discussed erosion and water runoff concerns, impacts to wells, highest and best use for the property is not a solar energy project, marketability of surrounding homes, construction impacts, property values and buffers. The Planning Commission discussed the following: berms, buffers, special use permit conditions, decommissioning costs, solar energy subscription program, sureties, lighting, noise, stormwater, grading, runoff, construction impacts, construction schedule, solar panels, ground vegetation, property values, impacts to home values, visual impacts, surrounding zoning and land uses, and the future land use designation. The Planning Commission recommends approval of the special use permit for a major utility service on approximately 36+ acres with the following conditions: 1. The site shall be developed in substantial conformance with the concept site plan entitled "Special Use Permit Set - 9150 Reed Road, Bent Mountain, Virginia 24059" prepared by New Leaf Energy, Inc., revised July 11, 2024, subject to any changes required during the comprehensive site plan review process. 2. Wherever possible, topsoil should remain undisturbed. Disturbed topsoil shall remain on site to be used to support the growth of ground cover. Ground cover shall consist of native grasses and pollinator species. 3. The County may retain qualified third-party consultants to review portions of the site plan and to inspect the constructed facility as to any matters that may be outside County representatives' area of expertise. The reasonable out-of-pocket costs incurred by the County for such review by qualified third-party consultants Page 2 of 8 shall be paid by the applicant. The third-party reviewers and the estimated costs will be submitted to the applicant for approval before the costs are incurred. The County may, in the alternative, accept reports of such review by qualified third- party consultants selected, retained, and paid by the applicant. 4. Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the "Fire Truck Payment") for use towards a four-wheel drive fire truck vehicle to support the County's fire response readiness in the Bent Mountain community, where the solar project is located. The Fire Truck Payment shall be paid to the County within ninety (90) days of building permit approval. 5. If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best efforts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program ("Local Subscribers"). 6. After commercial operation has commenced, if operation ceases for 365 days consecutively, the County may notify the facility owner by certified mail and request information regarding the status of recommencing commercial operation. If an attempt to notify the facility operator via certified mail is unsuccessful, then notice may be posted on the property and the facility owner shall be deemed to have received lawful notice invoking the provisions of this condition. The facility owner shall send a response within 90 days of receipt of such notice providing information regarding the status of operations and an estimated timeline for recommencing commercial operations. If the facility owner fails to respond to the request, or if the County deems the provided timetable for recommencing commercial operations to be unreasonable, the County may hold a hearing before the Board of Supervisors following notice pursuant to Virginia Code § 15.2-2204. The Board of Supervisors may determine whether to allow the permit to remain, impose additional conditions regarding the timing of the commencement of commercial operations, or to revoke the permit and require decommissioning of the solar energy facility in compliance with the decommissioning plan established for the facility. 7. Decommissioning of the site shall be in substantial conformance with the Decommission Plan contained in the concept site plan entitled "Special Use Permit Set - 9150 Reed Road, Bent Mountain, Virginia 24059" prepared by New Leaf Energy, Inc., revised July 11, 2024. 8. Prior to the issuance of a building permit for the solar energy system, the applicant shall submit to the Zoning Administrator an itemized cost estimate of the work to be done to completely remove the entire solar energy system and Page 3 of 8 restore the site to its original condition. 9. The applicant shall submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County in the amount of the itemized cost estimate approved by the Zoning Administrator. An updated itemized cost estimate along with an updated bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County shall be submitted and approved every five (5) years to reflect cost increases to remove the entire solar energy system and restore the site to its original condition. 10.During decommissioning of the site, the applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall remain in full force and effect until the County has inspected the site and verified that the solar energy system has been removed and the site restored to its original condition, at which time the County shall promptly release the bond, irrevocable Letter of Credit, or other surety. FISCAL IMPACT: There is no fiscal impact on this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the second reading of an ordinance for a special use permit for a major utility service (solar far) on approximately 36.48 acres of land zoned AR Agricultural/Residential District with the following conditions: 1 . The site shall be developed in substantial conformance with the concept site plan entitled "Special Use Permit Set - 9150 Reed Road, Bent Mountain, Virginia 24059" prepared by New Leaf Energy, Inc., revised July 11 , 2024, subject to any changes required during the comprehensive site plan review process. 2. Wherever possible, topsoil should remain undisturbed. Disturbed topsoil shall remain on site to be used to support the growth of ground cover. Ground cover shall consist of native grasses and pollinator species. 3. The County may retain qualified third-party consultants to review portions of the site plan and to inspect the constructed facility as to any matters that may be outside County representatives' area of expertise. The reasonable out-of-pocket costs incurred by the County for such review by qualified third-party consultants shall be paid by the applicant. The third-party reviewers and the estimated costs will be submitted to the applicant for approval before the costs are incurred. The Page 4 of 8 County may, in the alternative, accept reports of such review by qualified third- party consultants selected, retained, and paid by the applicant. 4. Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the "Fire Truck Payment") for use towards a four-wheel drive fire truck vehicle to support the County's fire response readiness in the Bent Mountain community, where the solar project is located. The Fire Truck Payment shall be paid to the County within ninety (90) days of building permit approval. 5. If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best efforts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program ("Local Subscribers"). 6. After commercial operation has commenced, if operation ceases for 365 days consecutively, the County may notify the facility owner by certified mail and request information regarding the status of recommencing commercial operation. If an attempt to notify the facility operator via certified mail is unsuccessful, then notice may be posted on the property and the facility owner shall be deemed to have received lawful notice invoking the provisions of this condition. The facility owner shall send a response within 90 days of receipt of such notice providing information regarding the status of operations and an estimated timeline for recommencing commercial operations. If the facility owner fails to respond to the request, or if the County deems the provided timetable for recommencing commercial operations to be unreasonable, the County may hold a hearing before the Board of Supervisors following notice pursuant to Virginia Code § 15.2-2204. The Board of Supervisors may determine whether to allow the permit to remain, impose additional conditions regarding the timing of the commencement of commercial operations, or to revoke the permit and require decommissioning of the solar energy facility in compliance with the decommissioning plan established for the facility. 7. Decommissioning of the site shall be in substantial conformance with the Decommission Plan contained in the concept site plan entitled "Special Use Permit Set - 9150 Reed Road, Bent Mountain, Virginia 24059" prepared by New Leaf Energy, Inc., revised July 11, 2024. 8. Prior to the issuance of a building permit for the solar energy system, the applicant shall submit to the Zoning Administrator an itemized cost estimate of the work to be done to completely remove the entire solar energy system and restore the site to its original condition. Page 5 of 8 9. The applicant shall submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County in the amount of the itemized cost estimate approved by the Zoning Administrator. An updated itemized cost estimate along with an updated bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County shall be submitted and approved every five (5) years to reflect cost increases to remove the entire solar energy system and restore the site to its original condition. 10.During decommissioning of the site, the applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall remain in full force and effect until the County has inspected the site and verified that the solar energy system has been removed and the site restored to its original condition, at which time the County shall promptly release the bond, irrevocable Letter of Credit, or other surety. VOTE: Supervisor Radford found that the proposed special use permit: 1. 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. Involves a use (utility service) which is not contemplated in the Roanoke County Comprehensive Plan's future land use categories, but is a use which is integral to the needs of the citizens of Roanoke County (utility service); and 3. Will have a minimum adverse impact on the surrounding neighborhood and community. Therefore, moved that the Board approve the petition to obtain a special use permit, with the following ten (10) conditions: 1 . The site shall be developed in substantial conformance with the concept site plan entitled "Special Use Permit Set — 9150 Reed Road, Bent Mountain, Virginia 24059" prepared by New Leaf Energy, Inc., revised July 11 , 2024, subject to any changes required during the comprehensive site plan review process. 2. Wherever possible, topsoil should remain undisturbed. Disturbed topsoil shall remain on site to be used to support the growth of ground cover. Ground cover shall consist of native grasses and pollinator species. 3. The County may retain qualified third-party consultants to review portions of the site plan and to inspect the constructed facility as to any matters that may be outside County representatives' area of expertise. The reasonable out-of-pocket costs incurred by the County for such review by qualified third-party consultants Page 6 of 8 shall be paid by the applicant. The third-party reviewers and the estimated costs will be submitted to the applicant for approval before the costs are incurred. The County may, in the alternative, accept reports of such review by qualified third- party consultants selected, retained, and paid by the applicant. 4. Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the "Fire Truck Payment") for use towards a four-wheel drive fire truck vehicle to support the County's fire response readiness in the Bent Mountain community, where the solar project is located. The Fire Truck Payment shall be paid to the County within ninety (90) days of building permit approval. 5. If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best efforts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program ("Local Subscribers"). 6. After commercial operation has commenced, if operation ceases for 365 days consecutively, the County may notify the facility owner by certified mail and request information regarding the status of recommencing commercial operation. If an attempt to notify the facility operator via certified mail is unsuccessful, then notice may be posted on the property and the facility owner shall be deemed to have received lawful notice invoking the provisions of this condition. The facility owner shall send a response within 90 days of receipt of such notice providing information regarding the status of operations and an estimated timeline for recommencing commercial operations. If the facility owner fails to respond to the request, or if the County deems the provided timetable for recommencing commercial operations to be unreasonable, the County may hold a hearing before the Board of Supervisors following notice pursuant to Virginia Code § 15.2-2204. The Board of Supervisors may determine whether to allow the permit to remain, impose additional conditions regarding the timing of the commencement of commercial operations, or to revoke the permit and require decommissioning of the solar energy facility in compliance with the decommissioning plan established for the facility. 7. Decommissioning of the site shall be in substantial conformance with the Decommission Plan contained in the concept site plan entitled "Special Use Permit Set — 9150 Reed Road, Bent Mountain, Virginia 24059" prepared by New Leaf Energy, Inc., revised July 11, 2024. 8. Prior to the issuance of a building permit for the solar energy system, the applicant shall submit to the Zoning Administrator an itemized cost estimate of the work to be done to completely remove the entire solar energy system and restore the site to its original condition. Page 7 of 8 9. The applicant shall submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County in the amount of the itemized cost estimate approved by the Zoning Administrator. An updated itemized cost estimate along with an updated bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County shall be submitted and approved every five (5) years to reflect cost increases to remove the entire solar energy system and restore the site to its original condition. 10.During decommissioning of the site, the applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall remain in full force and effect until the County has inspected the site and verified that the solar energy system has been removed and the site restored to its original condition, at which time the County shall promptly release the bond, irrevocable Letter of Credit, or other surety. Supervisor Shepherd seconded the motion. Motion Approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ® ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Philip Thompson, Director of Planning Page 8 of 8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 20, 2024 ORDINANCE 082024-11 GRANTING A SPECIAL USE PERMIT TO REED ROAD SOLAR 1, LLC TO OPERATE A UTILITY SERVICE (MAJOR) ON APPROXIMATELY 36.48 ACRES OF LAND ZONED AR (AGRICULTURAL/RESIDENTIAL) DISTRICT, LOCATED AT 9150 REED ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Reed Road Solar 1 , LLC has filed a petition for a special use permit to operate a utility service (major) on approximately 36.48 acres of land zoned AR (Agricultural/Residential) District, for the purpose of operating a small solar energy system on property located at 9150 Reed Road (Roanoke County Tax Map Number 103.00-02-10.02-0000), in the Windsor Hills Magisterial District; and WHEREAS, the first reading of this ordinance was held on May 28, 2024, and the second reading and public hearing were held on August 20, 2024; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 4, 2024; and WHEREAS, five (5) days prior to the Planning Commission's public hearing the applicant submitted a revised application; and WHEREAS, at its June 4, 2024 public hearing the Planning Commission continued the public hearing until August 6, 2024 to provide a more thorough review and consideration of the revised application submitted by the applicant; and WHEREAS, the Roanoke County Planning Commission resumed its public hearing on August 6, 2024, and thereafter the Planning Commission recommended approval of the revised application submitted by the applicant to obtain a special use permit, with ten (10) conditions; and Page 1 of 6 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 involves a use (utility service) which is not contemplated by the Roanoke County Comprehensive Plan's future land use categories, but is a use which is integral to the needs of the citizens of Roanoke County (utility service). 3. The Board further finds that the proposed use will have a minimum adverse impact on the surrounding neighborhood and community. 4. The special use permit is hereby approved, with the following ten (10) conditions: a. The site shall be developed in substantial conformance with the concept site plan entitled "Special Use Permit Set — 9150 Reed Road, Bent Mountain, Virginia 24059" prepared by New Leaf Energy, Inc., revised July 11 , 2024, subject to any changes required during the comprehensive site plan review process. b. Wherever possible, topsoil should remain undisturbed. Disturbed topsoil shall remain on site to be used to support the growth of ground cover. Ground cover shall consist of native grasses and pollinator species. Page 2 of 6 c. The County may retain qualified third-party consultants to review portions of the site plan and to inspect the constructed facility as to any matters that may be outside County representatives' area of expertise. The reasonable out-of-pocket costs incurred by the County for such review by qualified third-party consultants shall be paid by the applicant. The third-party reviewers and the estimated costs will be submitted to the applicant for approval before the costs are incurred. The County may, in the alternative, accept reports of such review by qualified third-party consultants selected, retained, and paid by the applicant. d. Per Virginia Code § 15.2-2288.8, the Applicant shall pay the County $50,000 (the "Fire Truck Payment") for use towards a four-wheel drive fire truck vehicle to support the County's fire response readiness in the Bent Mountain community, where the solar project is located. The Fire Truck Payment shall be paid to the County within ninety (90) days of building permit approval. e. If the project secures a place in the Shared Solar program, prior to beginning commercial operation of the solar facility, the Applicant shall work in good faith and use its best efforts to identify residents of Bent Mountain and Roanoke County, Virginia to voluntarily subscribe to its community solar program ("Local Subscribers"). f. After commercial operation has commenced, if operation ceases for 365 days consecutively, the County may notify the facility owner by Page 3 of 6 certified mail and request information regarding the status of recommencing commercial operation. If an attempt to notify the facility operator via certified mail is unsuccessful, then notice may be posted on the property and the facility owner shall be deemed to have received lawful notice invoking the provisions of this condition. The facility owner shall send a response within 90 days of receipt of such notice providing information regarding the status of operations and an estimated timeline for recommencing commercial operations. If the facility owner fails to respond to the request, or if the County deems the provided timetable for recommencing commercial operations to be unreasonable, the County may hold a hearing before the Board of Supervisors following notice pursuant to Virginia Code § 15.2-2204. The Board of Supervisors may determine whether to allow the permit to remain, impose additional conditions regarding the timing of the commencement of commercial operations, or to revoke the permit and require decommissioning of the solar energy facility in compliance with the decommissioning plan established for the facility. g. Decommissioning of the site shall be in substantial conformance with the Decommission Plan contained in the concept site plan entitled "Special Use Permit Set — 9150 Reed Road, Bent Mountain, Virginia 24059" prepared by New Leaf Energy, Inc., revised July 11 , 2024. Page 4 of 6 h. Prior to the issuance of a building permit for the solar energy system, the applicant shall submit to the Zoning Administrator an itemized cost estimate of the work to be done to completely remove the entire solar energy system and restore the site to its original condition. The applicant shall submit a bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County in the amount of the itemized cost estimate approved by the Zoning Administrator. An updated itemized cost estimate along with an updated bond, irrevocable Letter of Credit, or other appropriate surety acceptable to the County shall be submitted and approved every five (5) years to reflect cost increases to remove the entire solar energy system and restore the site to its original condition. j. During decommissioning of the site, the applicant will ensure the bond, irrevocable Letter of Credit, or other surety shall remain in full force and effect until the County has inspected the site and verified that the solar energy system has been removed and the site restored to its original condition, at which time the County shall promptly release the bond, irrevocable Letter of Credit, or other surety. 5. This ordinance shall be in full force and effect thirty (30) days after its final passage. On motion of Supervisor Radford to approve the ordinance; seconded by Page 5 of 6 Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Mahoney, Shepherd, North NAYS: None A COPY TESTE: Richard L. ywood, P.E. Count dministrator / Clerk to the Board of Supervisors CC: Philip Thompso , erector of Planning Page 6 of 6