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HomeMy WebLinkAbout10/22/2024 - Adopted Board Records ACTION NO. 102224-1 ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2024 AGENDA ITEM: Proclamation expressing the appreciation of the County of Roanoke to Roanoke College for their generosity and continued partnership SUBMITTED BY: Richard L. Caywood County Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: During the week of October 6, 2024, to October 12, 2024, Roanoke County hosted our Sister City- Opole, Poland. Roanoke College provided lodging to the five Opole delegation members. BACKGROUND: The County of Roanoke and Roanoke College have had a deep, longstanding, and productive partnership for many years, often discussing initiatives for regional collaboration, education, and growth. Last week, Roanoke College provided lodging to the delegation members of Opole. Additionally, Dr. Shushok and Roanoke College staff went above and beyond our arrangements and expectations to ensure the visiting delegation had the opportunity to explore and enjoy the Roanoke College campus. DISCUSSION: Roanoke County appreciates Roanoke College's graciousness and continued partnership, and we look forward to a continued prosperous partnership. Page 1 of 2 STAFF RECOMMENDATION: Staff recommends the Board adopt this proclamation. VOTE: Supervisor Radford moved to adopt the proclamation. Supervisor Hooker seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ❑ ❑ IZI Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Dr. Frank Shushok, Jr., President, Roanoke College 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, OCTOBER 22, 2024 PROCLAMATION 102224-1 EXPRESSING THE APPRECIATION OF THE COUNTY OF ROANOKE TO ROANOKE COLLEGE FOR THEIR GENEROSITY AND CONTINUED PARTNERSHIP WHEREAS, County of Roanoke and Roanoke College have had a deep, longstanding, and productive partnership for many years, often discussing initiatives for regional collaboration, education, and growth; and WHEREAS, many of Roanoke County's most talented employees and leaders are Roanoke College graduates; and WHEREAS, when Roanoke County began preparations to host a visiting delegation from its Sister City of Opole, Poland, Roanoke County Administrator Richard Caywood, on behalf of the Roanoke County Board of Supervisors, approached Roanoke College President Dr. Frank Shushok, Jr. to see if Roanoke College would be willing to partner with Roanoke County and Roanoke Valley Sister Cities in this effort; and WHEREAS, Dr. Shushok, on behalf of Roanoke College, donated beautiful accommodations in its Monterey House for the delegation to stay for the duration of their six day visit; and WHEREAS, Dr. Shushok and Roanoke College staff went above and beyond our arrangements and expectations to ensure the visiting delegation had the opportunity to explore and enjoy the Roanoke College campus, including dining with the Shushok family at their home, the Fishwick House; and WHEREAS, the County of Roanoke looks forward to future partnerships, projects, and an ever-growing relationship with Roanoke College. NOW, THEREFORE, BE IT PROCLAIMED by the Board of Supervisors of Roanoke County a sincere, and well-deserved, expression of appreciation and gratitude to Roanoke College President Dr. Frank Shushok, Jr. and Roanoke College. On motion of Supervisor Radford to adopt the proclamation; seconded by Supervisor Hooker and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Shepherd, North NAYS: None ABSENT: Supe ahoney A COPY TESTE: A( Richa'• L. Cayoo t, P.E. Co , ty Admi is •-tor/ Clerk to the Board of Supervisors CC: Dr. Frank Shushok, Jr., President, Roanoke College ACTION NO. 102224-2 ITEM NO. C.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2024 AGENDA ITEM: Resolution to recognize a Roanoke County Employee for exemplary service to Roanoke County. SUBMITTED BY: Richard L. Caywood County Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: Resolution recognizing a Roanoke County employee for exemplary service to Roanoke County. DISCUSSION: This time has been set aside to recognize a Roanoke County employee for exemplary service to Roanoke County. STAFF RECOMMENDATION: Staff recommends approval of the resolution. VOTE: Supervisor Hooker moved to adopt the resolution. Supervisor North seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Kaelyn Spickler, Executive Assistant Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2024 RESOLUTION 102224-2 RECOGNIZING KAELYN SPICKLER FOR HER EXEMPLARY SERVICE TO ROANOKE COUNTY WHEREAS, the County of Roanoke, Virginia, United States of America, and the City of Opole, Poland, began their warm friendship to promote international understanding in 1993 through the Virginia Local Government Management Association; and as communication prospered and the County of Roanoke hosted a delegation from Opole, it was suggested the County of Roanoke and Opole enter into a Sister City relationship; and WHEREAS, for the last thirty years, the County of Roanoke and Opole have remained in communication to host delegations and exchange students,thus implementing a mutual cultural exchange program; and WHEREAS, in the Spring of 2024,the County of Roanoke invited a delegation from Opole to visit Roanoke County in October 2024; and WHEREAS, the County Administrator assigned the critical task of organizing every aspect of the visit to his Executive Assistant, Kaelyn Spickler; and WHEREAS, Ms. Spickler immediately began to coordinate with Roanoke Valley Sister Cities, Roanoke College, and the visiting delegation; and WHEREAS, for almost six months Ms. Spickler made and verified arrangements for accommodations, meals, tours, and transportation; and WHEREAS, Ms. Spickler continually sought input from the Board of Supervisors, County Administration, Roanoke Valley Sister Cities, and the visiting delegation from Opole; and Page 1 of 2 WHEREAS, Ms. Spickler spent countless hours with the visiting delegation throughout their time in Roanoke County to ensure that every aspect of the visit was executed in a professional and efficient manner; and WHEREAS, on October 16, 2024, the County Administrator received a letter from the Mayor of Opole thanking Roanoke County for our hospitality and specifically recognizing the excellent work of Ms. Spickler; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to Kaelyn Spickler for her dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for continued success in the future. On motion of Supervisor Hooker to adopt the resolution; seconded by Supervisor North and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Shepherd, North NAYS: None ABSENT: Supervisor Mahoney A COPY TESTE: Richar. Caywood, P% . Cou Administrator Clerk to the Board of Supervisors CC: Kaelyn Spicker, Executive Assistant Page 2 of 2 ACTION NO. 102224-3 ITEM NO. C.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2024 AGENDA ITEM: Recognition of Deputy Joe Mullins and Officer Justin Hubbard as recipients of awards this past summer at the annual YOVASO (Youth of Virginia Speak Out About Traffic Safety) Awards SUBMITTED BY: Richard L. Caywood County Administrator APPROVED BY: Richard L. Caywood County Administrator ISSUE: This time has been set aside to recognize Deputy Joe Mullins and Officer Justin Hubbard as recipients of awards this past summer at the annual YOVASO (Youth of Virginia Speak Out About Traffic Safety) Awards. Also being recognized is Leslie Jordan, William Byrd Middle School Counselor, for her participation in developing the "Terrier Safety Squad" with Deputy Mullins which was recognized by the state for Best New Middle School Prevention Program of the Year. Page 1 of 1 ACTION NO. 102224-4 ITEM NO. C.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2024 AGENDA ITEM: Resolution congratulating Lindsey Arnold for 50 years of service with the Cave Spring Rescue Squad SUBMITTED BY: Rhonda Perdue Chief Deputy Clerk to the Board of Supervisors APPROVED BY: Richard L. Caywood County Administrator ISSUE: This time has been set aside to congratulate Lindsey Arnold for 50 years of service with the Cave Spring Rescue Squad. STAFF RECOMMENDATION: Staff recommends approval of the resolution. VOTE: Supervisor Radford moved to adopt the resolution. Supervisor Hooker seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Lindsey Arnold, Cave Spring Rescue Squad Page 1 of 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2024 RESOLUTION 102224-4 CONGRATULATING LINDSEY ARNOLD WITH THE CAVE SPRING RESCUE SQUAD FOR HIS 50 YEARS OF SERVICE TO THE CAVE SPRING COMMUNITY WHEREAS, There is one name that seems to be synonymous with Cave Spring Rescue Squad and that is Lindsey Arnold. When previous members are hired by other agencies in the area and they run across former members of Cave Spring Rescue Squad, they frequently ask if Lindsey still runs; and WHEREAS, Lindsey first became interested in Cave Spring Rescue Squad when he was dating his future wife, Vicki, who he married in 1972. She told him about the good things the squad did including the training and fundraising. Lindsey joined the organization on March 6, 1973; and WHEREAS, Lindsey took an advanced first aid course in 1973 and completed his EMT in 1974. He took the second EMT-Cardiac Tech course offered in Roanoke in 1977 and transitioned to an EMT-Intermediate in 1998; and WHEREAS, Lindsey served as Equipment Lieutenant from 1975 through 1982 where he was responsible for the squad's fleet of vehicles. He served as Chief of the squad from 1982 to 1987. Since 1987 he has served as the Equipment Lieutenant where he continues to be responsible for the squad's fleet of vehicles; and WHEREAS, Lindsey is a professional mechanic by trade who has extensive experience repairing and maintaining both gas and diesel cars and trucks. He frequently performs repairs to the squad's vehicles himself. It's common knowledge around the station that if a piece of equipment breaks you need to call Lindsey so he can fix it; and Page 1 of 3 WHEREAS, Lindsey has been deeply involved with the squad's vehicle replacement committee since 1975. He has been a major contributor to the design, selection and purchase of numerous squad vehicles through the years. Lindsey has used his deep knowledge of emergency vehicles to assist other agencies with vehicle challenges and he has participated in several Roanoke County Fire and Rescue vehicle selection committees through the years; and WHEREAS, Lindsey's vast experience has also allowed him to serve on the Roanoke County Fire and Rescue Department Accident Review Board where he frequently provides feedback on ways that safety can be improved; and WHEREAS, Lindsey has always set a positive example for others through his humble personality, strong work ethic, passion for helping others and love for Cave Spring Rescue Squad. Lindsey can always be counted on to show up for his duty shift and very seldom needs someone else to cover for him; and WHEREAS, Lindsey is a great historian and advisor. He freely shares why certain actions were taken historically or shares things that have worked well and those that haven't been as successful. He is open to new ideas while attempting to prevent the same mistake twice; and WHEREAS, Linsdey has helped grow several generations of EMS providers. He has helped train probationary members, assisted with EMT training classes, precepted AIC candidates, and spent countless hours in the cab of vehicles trying to teach new drivers. We even have had junior members who are children of former junior members; and WHEREAS, Lindsey has touched the lives of and influenced many squad members to move on to serve in the military or work professionally as firefighters, paramedics, Page 2 of 3 nurses, physicians, dentists, and leaders in their field. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to LINDSEY ARNOLD for his dedicated service to the Cave Spring Community and Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for continued success in the future. On motion of Supervisor Radford to adopt the resolution; seconded by Supervisor Hooker and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Shepherd, North NAYS: None ABSENT: Supe 'sor Mahoney A COPY TESTE: Rich d L. Caywood, P.E. C my Administrator/ Clerk to the Board of Supervisors CC: Lindsey Arnold, Cave Spring Rescue Squad Page 3 of 3 ACTION NO. 102224-5 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: October 22, 2024 AGENDA ITEM: ORDINANCE AMENDING CHAPTER 5 (ANIMALS AND FOWL), ARTICLE II (DOGS, CATS AND OTHER ANIMALS), DIVISION 2 (LICENSE) AND DIVISION 3 (RABIES CONTROL) TO PROVIDE FOR A LIFETIME LICENSING TAX ON THE OWNERSHIP OF DOGS AND CATS IN ROANOKE COUNTY SUBMITTED BY: Kevin Hutchins Treasurer APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance eliminating annual and three-year dog and cat licenses and establishing lifetime licenses. BACKGROUND: The General Assembly first enacted an animal tag licensing requirement in 1984 to help control the spread of rabies with household pets, provide a funding source for locality rabies clinics, and to offer a mechanism to identify animal owners. In 2007, the General Assembly amended the Code of Virginia to require veterinarians to report, every 30 days, to their local treasurers, owner and animal information for all dogs which had been inoculated during the preceding 30 days. After 90 days, if the animal owners have not purchased the required license, the treasurer is required to send a notice to the owner, prompting the owner to purchase the license. This statutory requirement has created an administrative burden for localities in the Commonwealth both in staff time as well as monetary impact; localities incur monthly mailing costs and annual renewal notification costs. It may be argued that such costs do not justify the low revenue-generating license program. Page 1 of 3 In Roanoke County, ongoing administrative costs have increased to more than $8,000, annually, while generating an average annual revenue of just $43,000 (as calculated over the past 3 years). Additionally, over time, Roanoke County has seen annual license issuance decrease from approximately 5,500 to just 2,500 licenses. This corresponds with a 2016 statewide study which concluded that only 60% of animal owners comply with the licensure requirement. Roanoke County also has a corresponding cat license requirement, which maintains the same pricing points as for dogs. It is estimated that compliance by cat owners is less than 20%. Most individual cat owners assert that their pet is an indoor pet and that they therefore do not perceive a need to either inoculate the cat against rabies or comply with the licensing requirement. In 2017, the General Assembly enacted legislation (now codified as Section 3.2-6528 of the Code of Virginia) authorizing localities to issue lifetime dog license for individual dogs and cats. (Please note, this process will have no impact on the issuance of licenses to dog kennels or for dogs adjudicated to be "dangerous dogs"). DISCUSSION: There are perceived benefits to the imposition of lifetime licenses. By converting to a lifetime license, an animal is licensed just one time, reducing the administrative burden of county staff. Additionally, citizens will not be inconvenienced by making multiple trips to the Treasurer's office and paying and annual fees. Such lifetime licenses will still, however, maintain the integrity of the licensing process and rabies control. While administrative costs have continued to rise, the state has not increased the original maximum fee allowed for annual licenses (still allowing localities to charge only $10.00). When establishing the lifetime license provision, the state set a maximum fee of $50.00. However, research has shown that the imposition of higher license prices have been counterproductive to the goal of increased inoculations and licensing compliance. The goal of the program is to maintain proper control and spread of rabies with responsible pet ownership, with minimum government oversight; the main purpose of this program is not revenue generation. Based upon the adoption of lifetime licenses by other localities and a review of surrounding localities' licensing requirements, the Roanoke County Treasurer recommends that the Board amend the County Code to provide for lifetime dog and cat licenses, and to impose corresponding fee amounts of $20.00 for lifetime dog licenses, and $15.00 for lifetime cat licenses. Page 2 of 3 Animal control enforcement would not be affected by a conversion to a lifetime license, and the burden would be on individual pet owners to maintain current inoculations on their pets for the health and welfare of their animals and the public at large. FISCAL IMPACT: It is anticipated that if the proposed ordinance amendments are adopted, there will be an increase in revenue over the next several years (as more pet owners purchase lifetime licenses), but that revenues will eventually decrease. STAFF RECOMMENDATION: Staff recommends the approval of the first reading and scheduling a second reading for November 19, 2024. VOTE: Supervisor Hooker moved to approve the first reading of this ordinance and scheduling the second reading for November 19, 2024. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ❑ ❑ El Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ Page 3 of 3 ACTION NO. 102224-6 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: October 22, 2024 AGENDA ITEM: Public hearing to receive citizen comments regarding the issuance of not to exceed $75,000,000 General Obligation School Bonds of the County of Roanoke, Virginia, and providing for the form and details thereof in accordance with Code of Virginia Section 15.2-2606. SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Public hearing to receive citizen comments regarding the issuance of not to exceed $75,000,000 General Obligation School Bonds of the County of Roanoke, Virginia BACKGROUND: This is a public hearing to secure citizen's comments regarding the issuance of not to exceed $75,000,000 General Obligation School Bonds of the County of Roanoke, Virginia, and providing for the form and details thereof DISCUSSION: Section 15.2-2606 of the Code of Virginia, as amended, provides that before the final authorization of the issuance of any bonds by a locality, the governing body of the locality shall hold a public hearing on the proposed bond issue. This notice was published on October 8, 2024 and on October 15, 2024. Page 1 of 2 FISCAL IMPACT: There is no fiscal impact as a result of the public hearing. Requests for the approval of the ordinance will occur later on in this agenda. STAFF RECOMMENDATION: It is recommended that the Board hold the required public hearing. Board action approving the bond issuance, as provided in this notice, will occur later during this meeting. Conducting the public hearing does not guarantee the requested bond issuance will be approved. 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, OCTOBER 22, 2024 RESOLUTION 102224-7.a-i APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for October 22, 2024, designated as Item G -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— October 8, 2024 2. Proclamation recognizing November 2024 as National Adoption Month and November 23, 2024, as National Adoption Day in the County of Roanoke. 3. Ordinance authorizing the granting of new public drainage easements to the Board of Supervisors of Roanoke County, on property owned by the following: 1) Kerry L. Hall (Tax Map 036.20-01-02.00), located at 2731 Tully Drive; 2) Robert W. &Patrica A. Martin (Tax Map#036.20-01-03.00), located at 2737 Tully Drive; and 3) Michael R. & Linda M. Walker(Tax Map # 036.20-01-04.00), located at 2801 Neil. Drive in Catawba Magisterial District for the purpose of constructing drainage improvements. (Second Reading) 4. Ordinance to accept and appropriate grant funds in the amount of$455,452 from the Virginia Department of Fire Programs for the Aid to Localities Funds(VDFP) (Second Reading) 5. Ordinance amending Article III (District Regulations) and Article IV (Use and Design Standards)of the Roanoke County Zoning Ordinance in order to regulate tobacco, nicotine, and hemp product retail sale locations pursuant to Virginia Code Section 15.2-912.4. (First Reading and Request for Second Reading and Public Hearing) Page 1 of 2 6. Ordinance amending Chapter 21 (Taxation), Article Ill (Real Estate Taxes), Division 3(Exemption for Elderly and Disabled Persons)of the Roanoke County code. (Second Reading) 7. Ordinance authorizing the issuance of not to exceed $75,000,000 General Obligation School Bonds of the County of Roanoke, Virginia, and providing for the form and details thereof. (Second Reading) 8. Resolution requesting the Virginia Department of Transportation (VDOT) to accept a portion of Appletree Drive extension of Plantation Grove Subdivisions Sections 1 & 3-in Hollins Magisterial District into the VDOT Secondary Road System. 9. Resolution requesting the Virginia Department of Transportation (VDOT) to accept a portion of South Gala Drive tension of Orchard Park Section 2 in the Hollins Magisterial District into the VDOT Secondary Road System. On motion of Supervisor North to adopt all matters on the consent agenda; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Shepherd, North NAYS: None ABSENT: Supervis I Mahoney A COPY TESTS: Richar L. Caywood, P.E. Cou Administrator/ Clerk to the Board of Supervisors CC: Susan Goad, Director of Social Services Rachel Lower, Deputy County Attorney Tarek Moneir, Director of Development Services C. Travis Griffith, Chief, Fire and Rescue Laurie Gearheart, Director of Finance and Management Services Joshua Peg ram, Finance P. Jason Peters, Commissioner of Revenue Page 2 of 2 ACTION NO. 102224-7.b ITEM NO. G.2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2024 AGENDA ITEM: Proclamation declaring November 2024 as National Adoption Month and November 23, 2024, as National Adoption Day in the County of Roanoke SUBMITTED BY: Susan Goad Director of Social Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: The Roanoke County Department of Social Services is requesting that the Board of Supervisors adopt the proclamation declaring November 2024 as National Adoption Month and November 23, 2024, as National Adoption Day in the County of Roanoke. VOTE: Supervisor North moved to adopt the proclamation. Supervisor Shepherd 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 1 of 1 ACTION NO. 102224-7.c ITEM NO. G.3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2024 AGENDA ITEM: Ordinance authorizing the approval of new public drainage easements for the purpose of constructing drainage improvements and authorizing the approval of vacations of certain portions of existing drainage easements on property owned by 1) Kerry L. Hall (Tax Map #036.20-01-02.00- 0000), located at 2731 Tully Drive, 2) Michael R. & Linda M. Walker (Tax Map #036.20-01-04.00-0000), located at 2801 Neil Drive, and Robert W. & Patricia A. Martin (Tax Map #036.20-01-03.00-0000), located at 2737 Tully Drive, in the Catawba Magisterial District SUBMITTED BY: Tarek Moneir Director of Development Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Ordinance authorizing the approval of new public drainage easements to the Board of Supervisors of Roanoke County for two properties for the purpose for drainage improvements, and for the vacation of portions of existing 1961 public drainage easements on three properties, all in the Catawba Magisterial District. BACKGROUND: Two property owners are granting drainage easements to the Roanoke County Board of Supervisors located as shown on the attached plat, and the County needs to vacate certain portions of existing 1961 public drainage easements on those two properties (and one adjacent property). These easements are for the purpose of improvements designed to correct long-standing drainage problems. Page 1 of 3 DISCUSSION: The subject parcels were developed in the early, 1960s, and the drainage system consists of old corrugated metal pipe that is cracking and separating at the joints. Total failure of the pipe could result in significant flooding and property damage to the homes in the area. The owners of the impacted parcels (see "Attachment, A") have agreed to donate public drainage easements to Roanoke County for construction and maintenance of the proposed improvements. A plat indicating the location of each proposed easement, and the locations of each existing easement to be vacated, are also attached to this report. The easements are necessary for the installation and maintenance of a new drainage system which will be designed and constructed to provide adequate drainage and positive drainage. FISCAL IMPACT: There is no cost to Roanoke County for preparation of the easement deeds as they have been prepared by Roanoke County staff. Roanoke County will advertise for bids for construction of the drainage improvements. The estimated cost of approximately $450,000 for this project is covered by the American Rescue Plan Act known as ARPA funding available for the Department of Development Services and approved by the Board of Supervisors. The plat was prepared by consultants as part of the project and the costs thereof are covered by the same ARPA funding. Future maintenance of the proposed easements will be covered by routine maintenance efforts by Department of Development Services. There have been no changes to this Board Report since the first reading of this ordinance. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. VOTE: Supervisor North moved to approve the ordinance. Supervisor Shepherd seconded the motion. Motion approved. Page 2 of 3 Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® n ❑ Mr. Mahoney ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Tarek Moneir, Director of Development Services Rachel Lower, Deputy County Attorney Page 3 of 3 cn R. O gym_ c m?' o ' 0 r1�\�'Ok*QP t pg�`� 0 i cn yp `' i Sb, �1�1 rp-p1���� ly�o ti G��R p���4 • ' e �</�+ •� �p�� 0' 60' 120' 180' 'Q-L SNz. in EN mii SCALE:1"=60' ROANpirdid \ DEPARTMENT OF OF. D. ,Q %L DEVELOPMENT TULLY DRIVE & NEIL DRIVE Zt � � PARCELS NEEDING DRAINAGE o �; z SERVICES 0 ••, t --ate 5204 BERNARD DRIVE EASEMENTS ROANOKE,VA 24018 1838 (540)772-2080 • Attachment "A" NOTES: 4i THIS PLAT IS SUBJECT TO INFORMATION s�Op 4�O�,q WHICH MAY BE DISCLOSED BY A TITLE LOT 3 yas REPORT BY A LICENSED ATTORNEY N70. \ '�7" THE SOLE PURPOSE OF THIS PLAT IS TO S6•7J pO H' c�� IDENTIFY THE AREA OF NEW EASEMENT o ,l7773, Co REQUIRED FOR THE COUNTY OF ROANOKE TO o h LOT 4 A2 S,0 INSTALL A REPLACEMENT STORM DRAIN IoBLOCK 2 Sp 0 J SYSTEM, AND TO IDENTIFY UNUSED AREAS OF n y EXISTING EASEMENT TO BE VACATED. IT/S ZN M w LOT 5 2S0' • NOTED THAT THE AREA OF EASEMENT SHOWN LOT 6 ���-� TO BE VACATED IS APPROXIMATE, AS THE a O �����` PLAT ORIGINALLY CREATING THE EASEMENT cc ♦♦ DID NOT PROVIDE DETAILED DIMENSIONS TO o -¢ 2 ♦�♦• TIE THE EASEMENT TO PROPERTY o ^' cN�! "�♦�♦� BOUNDARIES. ♦♦ 0O 0 ,R—c,,; a ♦•�♦�� METES AND BOUNDS DESCRIPTIONS SHOWN Z 'm L. 0 •♦♦♦♦♦♦ HEREON REPRESENT A COMPOSITE.OF DEEDS, p J of 0 R ♦♦�♦�♦♦ Z PLATS, CALCULATED INFORMATION, AND FIELD cc__ o J z a ♦♦♦♦ . TIES TO PROPERTY BOUNDARIES TO LOCATE J z w m • j♦�♦�♦♦ v THE POSITION OF THE EASEMENT IN RELATION �u W N ;� TO THE BOUNDARIES. THIS SURVEY DOES o Q "5 'o0 <w o0 ♦♦♦�/4. x o o NOT REFLECT A COMPLETE AND ACCURATE a v 3 cN 1^ m ♦♦•♦♦'. -0 o BOUNDARY SURVEY OF THE SUBJECT W ``, I ♦♦♦♦♦♦ a ^5 PROPERTIES. • 0 ♦♦�♦�♦ rn 'C m ♦♦♦ ro r NEW 2,142 SQ. FT. (0.0492 AC) ♦�♦�♦♦ K r DRAINAGE EASEMENT BOUNDED BY ♦4•♦♦♦ o o=o CORNERS 1 THROUGH 7 INCLUSIVE, TO 1 4♦ •j�♦4 ,w m 1 to 2 S 72' 14' 13."E 61.68 •►� 0 2 to 3 N 85'08'35"E 11.37' ♦j!♦ 0 3 to 4 N 85'08'35"E 13.98' b �� ♦ © 0 4 to 5 S 17'45'47" W 39.50' !s�w © 5 to 6 N 54.35'45" W 32.17' co 0 x 0- 2`` `-♦��♦ ` 6 to 7 N 72'14' 13" W 72.08' ti� ••4,, 7 to 1 N 59' 12'00"E 26.68' X w Q oo ♦4�� !i © 3 to 6 (TIE ONLY) = 30.15' a° Q o 1"� 1 , NEW 1,427 SQ. FT (0.0328 a M .�'� i AC.) DRAINAGE EASEMENT . o 1 , ACROSS LOT 5, BOUNDED BY 0 V o ' 1 CORNERS 1 to 2 to 3 to 6 to wJN ( i I .',1'. 7 to 1. Q" c, o ' a NEW 715 SQ. FT (0.0164 AC.) a N o Q DECK V u; DRAINAGE EASEMENT ACROSS N W w ABOVE 1 I a LOT 6, BOUNDED BY CORNERS GAR. , i 3 to 4 to 5 to 6 to 3. .c BELOW I I W `S'O,r. 1-... o. i 1 ? O' Nc O6 ,00., 41 15, OU HOUSE Olge\ /0 0iti +u I I ,~i, IPF •O6' ' J I I w 1 I L=7Z00' Ate&L �IPF �,� R=328.92' �gRT• 1430SRO�OTy) , L=212.30'= DEL TA=36.59' CH:S 22'51'30"E, 2oa.s4' �P1,TH OF Dr 044 EASEMENT PLAT f S.�a FOR RANK B. CALDWELL,1119 ROANOKE COUNTY DEVELOPMENT SERVICES License No. 1335 SHOWING NEW STORM DRAIN EASEMENT ACROSS LOTS 5 AND 6, March'26,2024 BLOCK 2, AND PARTIAL VACATION OF AN EXISTING 15' STORM DRAIN EASEMENT ACROSS LOTS 4, 5, AND 6, BLOCK 2 Z4Ab suRvs11' GLEN COVE (PB 5. PG 4) CATAWBA MAGISTERIAL DISTRICT COUNTY OF ROANOKE,�E, VIRGINIA C �"�'A TAX NO.: VARIES SCALE: 1"= 50' CALDWELL WHITE ASSOCIATES DRAWN:: CLW DATE: MAR. 26, 2024 ENGINEERS / SURVEYORS / PLANNERS CALC: CLW N.B: RoCo#9 4203 MELROSE AVENUE. N.W. P.O. BOX 6260 CLOSED: CLW W.O.: 22-0070 ROANOKE. VIRGINIA 24017-0260 (540) 366-3400 CHK'D: FBC AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2024 ORDINANCE 102224-7.c AUTHORIZING THE APPROVAL OF NEW PUBLIC DRAINAGE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING DRAINAGE IMPROVEMENTS AND AUTHORIZING THE APPROVAL OF VACATIONS OF. CERTAIN PORTIONS OF EXISTING DRAINAGE EASEMENTS ON PROPERTY OWNED BY 1) KERRY L. HALL (TAX MAP #036.20-01-02.00-0000), LOCATED AT 2731 TULLY DRIVE, 2) MICHAEL R. & LINDA M. WALKER (TAX MAP #036.20-01-04.00- 0000), LOCATED AT 2801 NEIL DRIVE, AND 3) ROBERT W. & PATRICIA A. MARTIN (TAX MAP #036.20-01- 03.00-0000), LOCATED AT 2737 TULLY DRIVE, IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, it is proposed that Kerry L. Hall and Robert W. and Patricia A. Martin, who own properties located on Tully Drive, grant drainage easements to the Roanoke County Board of Supervisors to enable the Board to assist in correcting long-standing drainage problems; and WHEREAS, it is proposed that the Roanoke County Board of Supervisors vacate certain portions of existing drainage easements that are no longer necessary to assist in correcting long-standing drainage problems on property owned by Kerry L. Hall, Michael R. and Linda M. Walker, and Robert W. and Patricia A. Martin on Tully Drive and Neil Drive; and WHEREAS, the owners of the impacted parcels have agreed to donate public drainage easements to Roanoke County for construction and maintenance of the proposed improvements on the following parcels, all of which are depicted on the attached "Exhibit A": 1) Property owned by Kerry L. Hall (Tax Map #036.20-01-02.00-0000), located at 2731 Tully Drive, and Page 1 of 4 2) Property owned by Robert W. and Patricia A. Martin (Tax Map #036.20-01- 03.00-0000), located at 2737 Tully Drive, and WHEREAS, the Roanoke County Board of Supervisors has agreed to vacate portions of existing public drainage easements on the following parcels, all of which are depicted on the attached "Exhibit A": 1) Property owned by Kerry L. Hall (Tax Map #036.20-01-02.00-0000), located at 2731 Tully Drive, 2) Property owned by Robert W. and Patricia A. Martin (Tax Map #036.20-01- 03.00-0000), located at 2737 Tully Drive, and 3) Property owned by Michael R. & Linda M. Walker(Tax Map#036.20-01-04.00- 0000), located at 2801 Neil Drive, and WHEREAS, receipt of the proposed easements and vacation of portions of the existing easements is necessary to enable the County to assist with the installation and maintenance of a new drainage system; and WHEREAS, the estimated cost for this project is proposed to be funded with distributions received by the County under the American Rescue Plan Act (ARPA); such funding was previously allocated by the Roanoke County Board of Supervisors for use by the Department of Development Services; and WHEREAS, the first reading of this ordinance was held on October 8, 2024, and the second reading of this ordinance was held on October 22, 2024. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 2 of 4 1. That the conveyance of new public drainage easements by 1) Kerry L. Hall and 2) Robert W. and Patricia A. Martin to the Roanoke County Board of Supervisors, as depicted on the attached Exhibit A, all of which are located in the Catawba Magisterial District, are hereby approved. 2. That the vacation of portions of existing public drainage easements by the Roanoke County Board of Supervisors on property owned by 1) Kerry L. Hall, 2) Robert W. and Patricia A. Martin, and 3) Michael R. and Linda M. Walker, as depicted on the attached Exhibit A, all of which are located in the Catawba Magisterial District, are hereby approved. 3. That the County Administrator, Deputy County Administrator, or Assistant County Administrator, any of whom may act, are authorized to execute, deliver, and record the deeds, and any other documents, on behalf of the County, and to take such further actions as any of them may deem necessary or desirable in connection with this project. The form of the deeds is hereby approved with such completions, omissions, insertions and changes as the County Administrator may approve, whose approval shall be evidenced conclusively by the execution and delivery thereof, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor North to approve the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: Page 3 of 4 AYES: Supervisors Radford, Hooker, Shepherd, North NAYS: None ABSENT: Supervisor Mahoney A COPY TESTE: Richar L<'Caywood, P.E. Co ty Administrator/ Clerk to the Board of Supervisors CC: Tarek Moneir, Director of Development Services Rachel Lower, Deputy County Attorney Page 4 of 4 tn 0 O Z2 b� C 133 00 1 9_4P A 1,c,'Rk 0C°' 9' '�� FEL��p�P� Op0 G P ��.-01'� P ��Q NIO p PpCS So 4�O ti�01p\ ,;,* o fe4, 11)<,C,Q <P��`�0��� 0' 60' 120' 180' NO MN Ell NMI SCALE:1"=60' R°A"0kF DEPARTMENT OF ,-4 •„Q %, DEVELOPMENT TULLY DRIVE & NEIL DRIVE Z. •• - • - - ��;� PARCELS NEEDING DRAINAGE �, i�,}�-��z SERVICES v �Va� 5204 BERNARD DRIVE EASEMENTS = • ROANOKE,VA 24018 183E (540)772-2080 Attachment "A" ACTION NO. 102224-7.d ITEM NO. G.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2024 AGENDA ITEM: Ordinance to accept and appropriate grant funds in the amount of $455,452 from the Virginia Department of Fire Programs for the Aid to Localities Funds (VDFP) SUBMITTED BY: C. Travis Griffith Chief of Fire and Rescue APPROVED BY: Richard L. Caywood County Administrator ISSUE: Second reading of an ordinance to accept and appropriate funds in the amount of $455,452 from the Virginia Department of Fire Program--Aid to Localities funds (VDFP). BACKGROUND: Section § 38.2-401 provides for the collection of an annual levy from the insurance industry. Such levy is collected by the State Corporation Commission (SCC) on March 1 of each year. The amounts collected in accordance with the Code are transferred into the Fire Programs Fund during June of the same year. The Fund is derived from an annual assessment against all licensed insurance companies doing business in the Commonwealth writing a Code-defined type of insurance. The Fund is used to provide an annual population-based allocation to qualifying jurisdictions within the Commonwealth. The allocation may only be used for fire service purposes and may not supplant or replace locally appropriated funds. This grant awarded to the Roanoke County Fire & Rescue Department will be utilized to purchase fire equipment, supplies, and training that meet state guidelines. Approval of this grant funding from the VDFP depends on the appropriate and timely submission of required annual reporting. The Roanoke County Fire & Rescue Department continues to meet those annual requirements to remain eligible for grant funding. Page 1 of 2 There have been no changes since the first reading of the ordinance held on October 8, 2024. FISCAL IMPACT: The grant funds awarded from the VDFP program totals $455,452. No county match is required for the acceptance of this grant. STAFF RECOMMENDATION: Staff recommends approval of the ordinance. VOTE: Supervisor North moved to approve the ordinance. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: C. Travis Griffith, Chief, Fire and Rescue Laurie Gearheart, Director of Finance and Management Services Joshua Pegram, Finance 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, OCTOBER 22, 2024 ORDINANCE 102224-7.d ACCEPTING AND APPROPRIATING GRANT FUNDS IN THE AMOUNT OF $455,452 FROM THE VIRGINIA DEPARTMENT OF FIRE PROGRAMS FOR THE AID TO LOCALITIES FUNDS WHEREAS, Section 38.2-401 in the Code of Virginia provides for the collection of an annual levy from the insurance industry to be collected by the State Corporation Commission each year and transferred into the Virginia Department of Fire Programs ("VDFP") Fund that same year; and WHEREAS, the Fund is used to provide an annual population-based allocation to qualifying jurisdictions within the Commonwealth,to be used only for fire service purposes and may not supplant or replace locally appropriated funds; and WHEREAS, Roanoke County Fire & Rescue Department has been awarded $455,452 from this fund to purchase fire equipment, supplies, and training that meet state guidelines; and WHEREAS, approval of this grant funding from the VDFP depends on the appropriate and timely submission of required annual reporting which Roanoke County Fire & Rescue Department continues to meet to remain eligible for grant funding; 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 October 8, 2024, and the second reading was held on October 22, 2024. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $455,452, made available to the Roanoke County Fire & Rescue Department by VDFP, is accepted and hereby appropriated to the County's grant fund. 2. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor North to approve the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Shepherd, North NAYS: None ABSENT: Supervisor Mahoney A COPY TESTE: � and L. Caywood, P.E. County Administrator/ Clerk to the Board of Supervisors CC: C. Travis Griffith, Chief, Fire and Rescue Laurie Gearheart, Director of Finance and Management Services Joshua Pegram, Finance ACTION NO. 102224-7.e ITEM NO. G.4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2024 AGENDA ITEM: Ordinance amending Article III (District Regulations) and Article IV (Use and Design Standards) of the Roanoke County Zoning Ordinance in order to regulate tobacco, nicotine, and hemp product retail sale locations pursuant to Virginia Code Section 15.2-912.4 SUBMITTED BY: Philip Thompson Director of Planning APPROVED BY: Richard L. Caywood County Administrator ISSUE: First reading of an ordinance to amend the Roanoke County Zoning Ordinance in order to regulate tobacco, nicotine, and/or hemp product retail sale locations BACKGROUND: • During this past legislative session, the General Assembly passed a bill that allows localities to regulate the retail sale of tobacco, nicotine, and/or hemp product retail sale locations within 1,000 feet of schools and day care centers. • The new law states as follows: Any locality may by ordinance regulate the retail sale locations of tobacco products, nicotine, vapor products, alternative nicotine products, as such terms are defined in § 18.2-371.2, or hemp products intended for smoking, as such term is defined in § 3.2-4112, for any such retail sale location and may prohibit a retail sale location on property within 1,000 linear feet of a child day center as defined in § 22.1-289.02 or a public, private, or parochial school. An ordinance adopted pursuant to this section shall not affect (i) a licensee holding a valid license under § 4.1-206.3 or (ii) any retail sale location of tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking operating before July 1, 2024. Virginia Code § 15.2-912.4. Page 1 of 3 • After the General Assembly passed this law, representatives of Roanoke County Public Schools requested that the Board of Supervisors consider regulating retail sales of these products in Roanoke County. • On June 11, 2024, the Board of Supervisors passed a resolution directing the Planning Commission to study and provide a recommendation regarding whether to amend the Roanoke County Zoning Ordinance to regulate the retail sale of these products as allowed under the new law. DISCUSSION: Staff reviewed draft amendments and maps with the Planning Commission at its meeting on August 6, 2024. The proposed amendments would add a use and design standard for the retail sales, convenience stores, fuel centers, and gasoline stations prohibiting the sale of tobacco products, vapor products, alternative nicotine products, or hemp products intended for smoking on properties located within 1,000 feet of a principal school building. The Planning Commission held a public hearing on September 3, 2024. One citizen spoke during the public hearing regarding his concerns on the proposed amendments impacting him locating a cigar/pipe tobacco store in West Village Shopping Center near North Cross private school. The Commission continued the public hearing until its meeting on October 1, 2024, due to recommended changes to the Zoning Ordinance amendments recommended by staff that were not advertised. At the Planning Commission's meeting on October 1, 2024, six (6) people representing Roanoke County Public Schools spoke during the public hearing in support of the proposed amendments to the Zoning Ordinance. Additional letters of support were also submitted for the public record. The Planning Commission discussed the benefits and challenges with the proposed ordinance amendments. The Planning Commission recommended that the Roanoke County Zoning Ordinance be amended in order to regulate the sales of nicotine vapor products, alternate nicotine products, and hemp products intended for smoking on properties within 1,000 feet of the principal school building of public Roanoke County middle and high schools pursuant to the authority granted by Virginia Code § 15.2-912.4. The Planning Commission did not recommend changes to the regulation of the retail sale location of tobacco products. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. Page 2 of 3 STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the first reading of an ordinance regulating the retail sale locations of nicotine vapor products, alternate nicotine products, and hemp products intended for smoking pursuant to Virginia Code § 15.2-912.4 and schedule the second reading of the ordinance and public hearing for the Board's November 19, 2024, meeting. VOTE: Supervisor North moved to approve the first reading of this ordinance and scheduling the second reading and public hearing for November 19, 2024. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ Page 3 of 3 ACTION NO. 102224-7.f ITEM NO. G.6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2024 AGENDA ITEM: ORDINANCE AMENDING CHAPTER 21 (TAXATION), ARTICLE III (REAL ESTATE TAXES), DIVISION 3 (EXEMPTION FOR ELDERLY AND DISABLED PERSONS) OF THE ROANOKE COUNTY CODE SUBMITTED BY: P. Jason Peters Commissioner of Revenue APPROVED BY: Richard L. Caywood County Administrator ISSUE: Amendment of Division 3 of the County's Tax Code (Exemption for Elderly and Disabled Persons). BACKGROUND & DISCUSSION: It is proposed that Chapter 21 (Taxation), Article III (Real Estate Taxes), Division 3 (Exemption for Elderly and Disabled Persons) of the Roanoke County Code be amended in order to expand the eligibility for such tax benefits by increasing taxpayers' allowable income limit. Other minor amendments to the code have also been proposed, which 1) clarify the documents that must be submitted to the Treasurer when submitting applications for the exemption 2) expand the application period for tax application period for elderly and disabled taxpayers (now allowing applications to be submitted as early as January instead of February of each year), and 3) deleting the deadline for applications for tax relief for disabled veterans, insofar as such a deadline is in conflict with the provisions of Section 58.1-3219.5 of the Code of Virginia (which states that a disabled veteran becomes eligible for such tax relief upon receiving a disability rating from the U.S. Department of Veterans affairs). There have been no changes since the first reading of this ordinance on October 8, 2024. Page 1 of 2 FISCAL IMPACT: For tax year 2024, the expanding of eligibility by raising the allowable income limit (which is anticipated to affect approximately 837 parcels) will result in a loss of revenue of approximately $50,000. STAFF RECOMMENDATION: Staff recommends approval of this ordinance. VOTE: Supervisor North moved to approve the ordinance. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® n ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: P. Jason Peters, Commissioner of Revenue Peter S. Lubeck, County Attorney 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, OCTOBER 22, 2024 ORDINANCE 102224-7.f AMENDING CHAPTER 21 (TAXATION), ARTICLE III (REAL ESTATE TAXES), DIVISION 3 (EXEMPTION FOR ELDERLY AND DISABLED PERSONS) OF THE ROANOKE COUNTY CODE WHEREAS, it is proposed that Chapter 21 (Taxation), Article III (Real Estate Taxes), Division 3 (Exemption for Elderly and Disabled Persons) of the Roanoke County Code be amended in order to expand the eligibility for such tax benefits by increasing taxpayers' allowable income limit from $56,566 to $60,000; and WHEREAS, the first reading of this ordinance was held on October 8, 2024, and the second reading was held on October 22, 2024. NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of Supervisors that Chapter 21 (Taxation), Article III (Real Estate Taxes), Division 3 (Exemption for Elderly and Disabled Persons) of the Roanoke County Code be amended as follows, which amendments shall become effective on January 1, 2025: DIVISION 3. EXEMPTION FOR ELDERLY AND DISABLED PERSONS' Sec. 21-71. Administration of division. (a) The commissioner of the revenue, with the approval of the board of supervisors,shall develop such rules and regulations, consistent with the provisions of this division, as are determined necessary for the proper administration of this division. (b) This division shall be construed to allow county personnel administering the program provided for herein all authority granted to the county by section 58.1-3210 of the Code of Virginia. (c) This division shall be construed to allow county personnel administering the program provided for herein all authority granted to the county by sections 58.1-3219.5 and 58.1-3219.6 of the Code of Virginia. 'State law reference(s)—Authority of county to adopt ordinance from which this division is derived, Code of Virginia, §58.1-3210. (Code 1971,§19-8(c);Ord. No. 2736, 12-9-80;Ord. No.061411-5, § 1, 5-24-11) Sec. 21-72. Authorized. (a) Exemption for elderly or disabled persons.The commissioner of the revenue shall, upon application made and within the limits provided in this division,grant an exemption of the tax on real property occupied as the sole dwelling house and principal place of residence of a person holding title or partial title thereto who is not less than sixty-five(65)years of age or totally and permanently disabled.A dwelling unit jointly owned by a husband and wife may qualify, if either spouse is over sixty-five(65)years of age or is permanently and totally disabled. Persons qualifying for an exemption under this division are deemed to be bearing an extraordinary real estate tax burden in relation to their income and financial worth. (b) Exemption for disabled veterans.The commissioner of the revenue shall, upon application made and within the limits provided in this division and section 21-81,grant an exemption of one hundred (100) percent of the tax on real property occupied as the sole dwelling house and principal place of residence of a disabled veteran holding title or partial title thereto.A surviving spouse of a veteran eligible for this exemption shall also qualify for the exemption so long as the death of the veteran occurs on or after January 1,2011,the surviving spouse does not remarry and the surviving spouse continues to occupy the real property as his or her sole dwelling house and principal place of residence. (Code 1971,§19-8(a);Ord. No. 2235, 1-23-79;Ord. No. 2736, 12-9-80;Ord. No.061411-5, § 1, 5-24-11;Ord. No. 102224-7.f, 10-22-24) Sec. 21-73. General prerequisites to grant of exemption. Exemptions provided for in this division shall be granted only if the following conditions are met: (1) That the total combined income,during the immediately preceding calendar year,from all sources,of the owner of the dwelling and his relatives living therein did not exceed fifty sixsixty thousand five huendred-sixty-six dollars($60,000 .00); provided, however,that the first ten thousand dollars ($10,000.00)of income of each relative,other than the spouse of the owner,who is living in the dwelling shall not be included in such total. "Income"shall include only those sources of gross income that are subject to tax under federal income tax laws, regulations, rules or policies. (2) That the owner and his spouse did not have a total combined net worth, including the present value of all equitable interests,exceeding two hundred thousand dollars($200,000.00)as of December 31 of the immediately preceding calendar year.The amount of net worth specified herein shall not include the value of the sole dwelling house and up to one(1)acre of land. (3) Notwithstanding subsection (1)above if a person qualifies for an exemption and if that person can prove by clear and convincing evidence that his or her physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital,nursing home,convalescent home or other facility or physical or mental care is to have a relative move in and provide care for that person,and if a relative does then move in for that purpose,then none of the income of the relative or of the relatives spouse shall be counted towards the income limit, provided the owner of the residence has not transferred assets in excess of ten thousand dollars($10,000.00)without adequate consideration within a three-year period prior to or after the relative moves into such residence. (Code 1971, § 19-8(a);Ord. No. 2235, 1-23-79;Ord. No. 2736, 12-9-80;Ord. No.84-232, § 1, 12-18-84;Ord. No. 22388-9,§ 1, 2-23-88;Ord. No.82791-10, § 1,8-27-91;Ord. No.062497,§ 1,6-24-97;Ord. No.052201-14,§1,5- 22-01;Ord. No. 101204-2, § 1, 10-12-04;Ord. No.032896-7, § 1, 3-28-06;Ord. No.032707-11, § 1, 3-27-07;Ord. No.061411-5,§ 1,5-24-11;Ord. No.092711-3, § 1,9-27-11;Ord. No. 102224-7.f, 10-22-24) Sec. 21-74. Application and certificate of disability. (a) A_person seeking an exemption under this division shall file an application for exemption,in affidavit form, with the commissioner of the revenue, between JanuaryFebfuafy 1 and March 15 of the year for which exemption is claimed.Such application shall set forth the names of any related persons occupying the property for which the exemption is claimed and that the total combined net worth, including equitable interests,and the combined income from all sources of the persons specified in Section 21-73 does not exceed the limits prescribed in such section.Such application shall include,as an attachment,the applicant's certified federal tax return for the preceding year.The Commissioner may additionally request any other documents of the applicant that may be necessary, as determined by the Commissioner,to establish the income or financial worth of the applicant. (b) A person claiming an exemption because he or she has attained the age of sixty-five(65)years shall be required to file an initial application and make affidavit thereof pursuant to subsection (a)above.This initial application will be valid for a period of three(3)years and in intervening years,once the exemption is granted,such person shall be required only to make an annual certification,on forms to be supplied by the commissioner of the revenue,that the information on the last preceding affidavit filed has not changed so as to violate the limitations and conditions provided in this division.Such annual certification shall likewise include, as an attachment,the applicant's certified federal tax return for the preceding year.The Commissioner may additionally request any other documents of the applicant that may be necessary,as determined by the Commissioner,to establish the income or financial worth of the applicant. (c) If a person applying for an exemption under this division is under sixty-five(65)years of age, he or she shall be required to submit annually,the application referred to in subsection (a)above and each such annual application shall have attached to it a certification by the social security administration,the veterans administration,the railroad retirement board or the civil service commission which shall indicate that the applicant has been determined to be permanently and totally disabled such that he is unable to engage in any substantially gainful activities by reason of a medically determinable physical or mental impairment which can be expected to last for the duration of such person's life. If such person is not eligible for such certification by any of the above:-mentioned agencies,a sworn affidavit, by two(2)medical doctors licensed to practice medicine in the commonwealth,to the effect that such person is so totally and permanently disabled is acceptable,so long as the affidavit of at least one such doctor is based upon a physical examination of such person by such doctor. (Code 1971,§19-8(a);Ord. No. 2235, 1-23-79; Ord. No. 2736, 12-9-80;Ord. No.092413-8, § 1,9-24-13;Ord. No. 102224-7.f, 10-22-24) Sec. 21-75. Inquiries by commissioner of revenue; confidentiality of information received under division. (a) The commissioner of the revenue shall make such inquiry of persons seeking an exemption under this division as may be reasonably necessary to determine their qualifications therefor.All such inquiries shall be answered under oath. (b) All information received by the commissioner of the revenue in connection with any application for an exemption under this division is deemed to be confidential and shall be used by county personnel only in the official administration of this division. (Code 1971, § 19-8(a);Ord. No. 2235, 1-23-79;Ord. No. 2736, 12-9-80) Sec. 21-76. Mobile homes as real estate for purposes of division. For the purposes of this division,a mobile home shall be deemed to be real estate,if the owner's intention is that it be permanently affixed,as shown by the following: (1) The owner of the mobile home, or his spouse, parent or child, has some interest, in whole or in part, in the land upon which the mobile home is situated and the mobile home is connected to permanent water and sewer lines or other facilities,such as a well and septic system;or (2) Regardless of the ownership of the land upon which the mobile home rests, it rests on a permanent foundation and consists of two(2)or more mobile units which are connected in such a manner that they cannot be towed together on a highway or consists of a mobile unit and other connected rooms or additions which must be removed before the mobile unit can be towed on a highway. (Ord. No. 2736, 12-9-80) Sec. 21-77. Amount of exemption. (a) {a) Exemption for elderly or disabled persons.The amount of the exemption provided for in this division-_is that portion of the tax which represents an increase in tax liability since the year the taxpayer reached age sixty-five(65)years or became disabled or the year ordinances authorizing the exemption became effective,whichever is later.The tax exemption for the elderly became effective,for those who reached age sixty-five(65)on or before December 31, 1974, in 1974.The tax exemption for those who became totally and permanently disabled on or before December 31, 1977, became effective for the 1977 tax year.Subsequent amendments to these ordinances do not affect the effective dates for purposes of eligibility. {){b) Exemption for Disabled Veterans. Disabled veterans are exempt from all real property taxes on the qualifying dwelling and land not exceeding one(1)acre. (Code 1971,§19-8(b);Ord. No. 2736, 12-9-80;Ord. No.061411-5, § 1,5-24-11;Ord. No. 102224-7.f, 10-22-24) Sec. 21-78. Land book entry. The commissioner of the revenue shall indicate on the land books of the county the amevalue of tax exemptions granted pursuant to the provisions of this division. (Code 1971, §19-8(c);Ord. No.2736, 12-9-80;Ord. No. 102224-7.f, 10-22-24) Sec. 21-79. Nullification or proration upon change in status. Changes in respect to income,financial worth,ownership of property or other factors occurring during the taxable year for which an affidavit or certification is filed pursuant to section 21-74, and having the effect of exceeding or violating the limitations and conditions provided in this division,shall result in a prorated exemption for the portion of the year during which the taxpayer qualified and in loss of the exemption only for the remainder of the year and the taxable year immediately following; provided, however,that a change in ownership to a spouse who is less than sixty-five(65)years of age or who is not permanently and totally disabled,which results solely from the death of his or her qualified spouse,shall result in a prorated exemption for the then current taxable year.Such prorated portion shall be determined by multiplying the amount of the exemption by a fraction wherein the number of complete months of the year such property was properly eligible for such exemption is the numerator and the number twelve(12)is the denominator. (Ord. No. 2736, 12-9-80;Ord. No.071498-10,§ 1,7-14-98) Sec. 21-80. False claims. Any false statement made in connection with the filing of an application under this division shall constitute a Class 4 misdemeanor. (Code 1971,§ 19-8(a);Ord. No. 2235, 1-23-79;Ord. No.2736, 12-9-80) Cross reference(s)—Penalty for Class 4 misdemeanor, § 1-10. Sec. 21-81. Property tax exemption for qualifying disabled veterans. (a) The principal place of residence is the place at which a person's habitation is fixed and to which that person, when absent, has the intention of returning. (1) A person can have only one(1)principal place of residence. (2) If the veteran is confined to a hospital, nursing home or assisted living facility,the real estate can still be considered the veteran's principle of residence if: a. It is occupied by the veteran's spouse or minor child, b. It is not rented or leased to third parties,or c. The property is unoccupied. (b) A principal place of residence includes the following: (1) The dwelling,the dwelling site,the surrounding land, not exceeding one(1)acre and related improvements located on the one(1)acre of real estate,such as garages,carports,storage buildings, swimming pools,tennis courts, and similar non-agricultural facilities. If the surrounding land exceeds one(1)acre,the exemption will only be granted to one(1)acre of the surrounding land. If the surrounding land exceeds one(1)acre,the tax due will be calculated by applying a residual value to the real property in excess of one acre(per square foot). (2) The dwelling may be a single-family residence,a unit in a multi-family complex, a condominium, a unit in a cooperative housing project or a manufactured home. (c) The principal place of residence does not include land on which agricultural facilities such as barns, pig pens, corrals, bunk houses,farm equipment,sheds and other outdoor buildings are located. (d) To be eligible for the exemption: (1) The real estate must be owned and occupied by a disabled veteran or an unremarried surviving spouse. a. The veteran's ownership of the property can be limited to a fractional,joint,or life estate interest. If the veteran owns a multiple dwelling unit property,the exemption will only be granted to the unit occupied by the veteran as his or her primary residence. b. The veteran's real estate may be owned by a trust,corporate partnership,or other legal entity and the veteran will meet the ownership requirement if each of the following items is true: 1. The veteran or spouse is a maker of the trust or a principal of the corporate partnership or legal entity; 2. The property was transferred solely for estate planning purposes;and 3. The veteran or spouse would otherwise be the owner of record. c. Property held in a grantor trust,established by the IRS code, by a disabled veteran or the veteran's surviving spouse can also be exempt from the property tax providing the property meets all other requirements for exemption.The power to revoke the trust,terminate(the trust or any conveyance of property to the trust),alter or amend the trust itself,or appoint a new trustee must be present. (2) If the veteran's spouse is an owner and the veteran is not,the veteran can meet the ownership requirement if the couple was married on or before January 1 and both have occupied the property as their primary residence since January 1. (e) A"disabled veteran" is an individual who: (1) Has been honorably discharged from membership in the armed forces of the United States or has received a discharge certificate from a branch of the armed forces of the United States for civilian service recognized pursuant to federal law as service in the armed forces of the United States;and (2) Has been rated by the United States Department of Veterans Affairs or its successor agency pursuant to federal law to have a one hundred (100) percent service-connected, permanent,and total disability, or (3) Has a determination of individual unemployability from the Veterans Administration. a. Individual unemployability is a part of VA's disability compensation program that allows VA to pay certain veterans compensation at the one hundred (100)percent rate,even though VA has not rated their service-connected disabilities at the total level. b. With a determination of individual unemployability,a veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. (4) "Honorably discharged" means discharged from the armed forces pursuant to a discharge other than a dishonorable or bad conduct discharge. (f) Claims for exemption. the tax y r for which the o ption i estea (13) Claims for exemption and refunds of real estate taxes previously paid may be retroactive to the effective date of the rating determination by the United States Department of Veteran Affairs or its successor agency if the claim is filed with the commissioner of the revenue within thirty(30)days of the receipt by the applicant of the rating determination. (Ord. No.061411-5,§1,5-24-11;Ord. No. 102224-7.f, 10-22-24) Secs. 21-82-21-89. Reserved. On motion of Supervisor North to approve the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Shepherd, North NAYS: None ABSENT: S per-v's roro Mahoney A COPY TESTE: Ric d L. Caywood, P.E. ounty Administrator/ Clerk to the Board of Supervisors CC: P. Jason Peters, Commissioner of Revenue Peter S. Lubeck, County Attorney W. Michael Galliher, Clerk, Circuit Court ACTION NO. 102224-7.g ITEM NO. G.7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2024 AGENDA ITEM: Ordinance authorizing the issuance of not to exceed $75,000,000 General Obligation School Bonds of the County of Roanoke, Virginia, and providing for the form and details thereof SUBMITTED BY: Laurie Gearheart Director of Finance and Management Services APPROVED BY: Richard L. Caywood County Administrator ISSUE: Authorize issuance of not to exceed $75,000,000 in Literary Loan Funds for issuance of bonds BACKGROUND: Literary Fund loans are a part of the financing strategy, as outlined in the Memorandum of Understanding (MOU) between the County and Schools regarding Joint Capital Funding as approved by resolution by the Board of Supervisors on April 11, 2023, and amended on August 6, 2024. DISCUSSION: On October 24, 2023, the Board adopted an ordinance authorizing the submissions of applications to the Virginia Board of Education (collectively, the "Applications") for the purpose of borrowing an amount not to exceed $75,000,000 from the Commonwealth of Virginia's Literary Fund (the "Literary Fund") to finance, along with other available funds, the construction of a modern facility for the Career & Technical Education Center to allow expansion of the programs to better meet the needs of the business community and provide greater access to high-quality programs for students, (b) the renovation of Glen Cove and W. E. Cundiff Elementary Schools and (c) costs of issuing the Bonds. Page 1 of 3 The Virginia Board of Education (VBOE) accepted the final plans and specifications for the two elementary schools and on September 26, 2024, approved the loan applications. The loan application has been accepted by the VBOE for the Career & Technical Education Center and they are waiting to receive the final plans and specifications for this project. We anticipate this application will be added to their October 24 VBOE meeting agenda for action. Following board approval, County staff will coordinate with the Virginia' Board of Education and a representative from the State Treasurer's office on the closing and initial draw against the two elementary school loans after the October 22, 2024, Board meeting. County staff will also coordinate with the VBOE and a representative from the State Treasurer's office on the closing and initial draw against the Career & Technical Education Center once the application receives final approval from the VBOE later this fall. There have been no changes since the first reading of this ordinance held on October 8, 2024. FISCAL IMPACT: Funding for these school projects was included in the fiscal year 2025-2034 Capital Improvement Program and appropriated by the Board of Supervisors. Budgets for the three projects were revised as part of the amended MOU between the County and Schools regarding Joint Capital Funding. The annual interest rate shall be equal to the amount approved by the Virginia Board of Education which should not exceed 3% and the final maturity shall be not more than 21 years from the date of issuance of the bonds. The County's obligation to make payments on the State Literary Loans is subject to annual appropriations by the Board and does not constitute a pledge of the full faith and credit or taxing power of the County. The County's debt policies established parameters for issuing debt and managing outstanding debt. The County does not have any Constitutional or Statutory Debt Limits. The County does abide by Board of Supervisors-imposed debt limits. Page 2 of 3 STAFF RECOMMENDATION: Staff recommends approval of the ordinance. VOTE: Supervisor North moved to approve the ordinance. Supervisor Shepherd seconded the motion. Motion approved. Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Laurie Gearheart, Director of Finance and Management Services 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 OCTOBER 22, 2024 ORDINANCE 102224-7.Q AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $75,000,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA, AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County"), has determined that it is necessary and expedient to borrow an amount not to exceed $75,000,000 and to issue from time to time in one or more series from the authorization under this ordinance its general obligation school bonds (as more specifically defined below, the "Bonds") for the purpose of financing (a) the construction of a modem facility for the Career & Technical Education Center to allow expansion of the programs to better meet the needs of the business community and provide greater access to high-quality programs for students, (b)the renovation of Glen Cove and W. E. Cundiff Elementary Schools and (c)costs of issuing the Bonds(collectively,the "Project"); WHEREAS, the Project constitutes a capital project for public school purposes; WHEREAS, the issuance of the Bonds will be subject to the terms and conditions in this Ordinance, including the conditions that the maximum aggregate principal amount of the Bonds not exceed $75,000,000 (the "Maximum Principal Amount"); WHEREAS, on October 24, 2023, the Board adopted an ordinance authorizing the submissions of applications to the Virginia Board of Education (collectively, the "Applications") for the purpose of borrowing an amount not to exceed $75,000,000 from the Commonwealth of Virginia's Literary Fund (the "Literary Fund") to finance, along with other available funds, the Project; Page 1 of 9 194651589.2 WHEREAS, after adoption of that ordinance, the School Board of the County (the "School Board") and the County submitted the Applications; WHEREAS, the Applications were approved by the Virginia Board of Education; WHEREAS, the Board intends to effect the financing of all or a portion of the Project(the "Authorized Purposes") by issuing the Bonds in the form of general obligation school bonds in one or more series from time to time and in a principal amount not to exceed $75,000,000 payable to the Commonwealth of Virginia for the benefit of the Literary Fund; WHEREAS, the County will issue the Bonds pursuant to the applicable provisions of the Chapter 10 of Title 22.1 of the Code of Virginia of 1950, as amended (the "Literary Fund Chapter") and Chapter 26 of Title 15.2 of the Code of Virginia of 1950, as amended (the "Public Finance Act"); WHEREAS, the School Board adopted a resolution that, among other things, requested the Board to authorize the issuance of the Bonds and consented to the issuance and sale of the Bonds to the Commonwealth of Virginia for the benefit of the Literary Fund; and WHEREAS, a public hearing has been duly noticed and held pursuant to the Public Finance Act; and WHEREAS, the first reading of this ordinance was held on October 8, 2024, and the second reading and public hearing of this ordinance was held on October 22, 2024. NOW, THEREFORE, BE IT ENACTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: Page 2 of 9 1. Authorization of the Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in one or more series in an aggregate principal amount not to exceed $75,000,000 for the purpose of financing the Project. The Board hereby authorizes the issuance and sale of the Bonds, in one or more series from time to time, in the form and upon the terms established pursuant to this Ordinance. 2. Issuance and Sale of the Bonds; Details of the Bonds. (a) The Board hereby authorizes the issuance and sale of the Bonds in one or more series in a principal amount not to exceed $75,000,000 to the Commonwealth of Virginia for the benefit of the Literary Fund for the Authorized Purposes. The Chairman, the County Administrator, the Clerk of the Board, the Chairman of the School Board and the Clerk of the School Board are authorized and directed or requested, as appropriate, to execute and deliver any appropriate documents (the "Loan Documents") with the School Board, the State Treasurer, the Board of Education or any other officer, agent, office, agency or political subdivision of the Commonwealth of Virginia, as appropriate, providing for the sale and delivery of the Bonds. (b) The annual interest rate of the Bonds shall be equal to the amount approved by the Virginia Board of Education and the final maturity of the Bonds shall be not more than 21 years from the date of issuance of the Bonds. The Bonds may be prepayable or redeemable (or not) as determined by the Chairman and the County Administrator, either of whom may act. The approval of the final terms and conditions of the Bonds subject to the foregoing parameters shall be evidenced conclusively by the execution and delivery of the Bonds by the Chairman. The Chairman and the Clerk of the Board are authorized Page 3 of 9 and directed to execute and deliver the Bonds and to affix the seal of the County thereto, and the Chairman of the School Board and the Clerk of the School Board are authorized and requested to execute and deliver the Bonds and to affix the seal of the School Board thereto. 3. Details of the Bonds. The annual interest rate of the Bonds shall be equal to the amount approved by the Virginia Board of Education and the final maturity of the Bonds shall be not more than 21 years from the date of issuance of the Bonds. The Bonds may be prepayable or redeemable (or not) as determined by the Chairman and the County Administrator, either of whom may act. The approval of the final terms and conditions of the Bonds subject to the foregoing parameters shall be evidenced conclusively by the execution and delivery of the Bonds by the Chairman. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto, and the Chairman of the School Board and the Clerk of the School Board are authorized and requested to execute and deliver the Bonds and to affix the seal of the School Board thereto. 4. Form of the Bond. The Bond shall be in substantially the form attached hereto as Exhibit A, as applicable, with such appropriate variations, omissions and insertions as are permitted or required by this Ordinance, the Literary Fund Chapter and the Public Finance Act. There may be endorsed on the Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. Page 4 of 9 5. Payment; Paving Agent and Bond Registrar. The Treasurer of the County ("County Treasurer") is appointed as Bond Registrar and Paying Agent for the Bonds. The Board or the County Treasurer may appoint successor Bond Registrars and/or Paying Agents for the Bonds upon giving written notice to the owners of the Bonds specifying the name and location of the principal office of any such successor Bond Registrar or Paying Agent. 6. Pledge of Full Faith and Credit. For the prompt payment of the principal of, premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any portion of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 7. Filing of Ordinance. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Ordinance to be filed with the Circuit Court of the County. 8. Election to Proceed under Public Finance Act. In accordance with Section 15.2-2601 of the Virginia Code, the Board elects to issue the Bonds pursuant to the provisions of the Public Finance Act. Page 5 of 9 9. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and otherwise in furtherance of this Ordinance and any such action previously taken is hereby ratified and confirmed. 10. Effective Date. This Ordinance shall take effect immediately. On motion of Supervisor North to approve the ordinance; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Shepherd, North NAYS: None ABSENT: Supervisor Mahoney A COPY TESTE: Richar . Caywood,'P.E. C ty Administrator/ Clerk to the Board of Supervisors CC: Laurie Gearheart, Director of Finance and Management Services Page 6 of 9 The undersigned Chief Deputy Clerk of the Board of Supervisors of the County of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on October 22, 2024, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing obligation, a quorum was present. Members present at the meeting were: David Radford, Martha Hooker, Tammy Shepherd and Phil North. Members absent from the meeting were Paul Mahoney. Members voting in favor of the foregoing ordinance were David Radford, Martha Hooker, Tammy Shepherd and Phil North. Members abstaining from voting on the foregoing ordinance were none. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Roanoke, Virginia, this 22nd day of October 2024. R\lutoti,s,A,0 , ?_0(4)kk Rhonda D. Perdue Chief Deputy Clerk to Board of Supervisors of the County of Roanoke, Virginia [SEAL] Page 7 of 9 EXHIBIT A COMMONWEALTH OF VIRGINIA LITERARY FUND PERMANENT BOND Name of Locality: «Loc_name»«Loc_type» Project/School: «Purpose» Account Number: «litkey» Amount: «auth amt» The «council» and the School Board of the «Loc type» of «Loc_name», Virginia, (the "issuer"), for value received from the Literary Fund hereby acknowledges itself indebted and promises to pay to the Commonwealth of Virginia for the benefit of the Literary Fund the principal amount of«authtext» dollars («auth_amt»), with interest, at an interest rate of«int_rate»per annum in annual installments of principal and interest in the amounts and on the dates as set forth on Schedule 1 attached hereto. This bond is registered in the name of the Commonwealth of Virginia for the benefit of the Literary Fund on the books of the«council»and the School Board. This bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, and resolutions duly adopted by the «council» and the School Board to provide funds for capital projects for school purposes. Literary Fund loans are general obligation debt of the issuer and thereby subject to the provisions of state aid intercept under §22.1-168 of the Code of Virginia. All acts, conditions and things required or contemplated by the Constitution and laws of the Commonwealth of Virginia, including but not limited to §§22.1-142 through 22.1-161 of the Code of Virginia,to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed in due time, form and manner as so required. IN WITNESS WHEREOF, the «council» and the School Board of the «Loc type» of «Loc_name»,Virginia,have caused this bond to be issued in the name of the«council»and the School Board, to be signed by the Chairmen of the «council» and the School Board and attested by the signatures of their Clerks, and this bond to be dated«Perm date». Chairman, «council»,«Loc_type>>of«Loc_name» Chairman, «Loc type» of «Loc_name» School Board Attested: Clerk,«council», «Loc type» of«Loc_name» Clerk, «Loc type» of «Loc_name» School Board Date: / / Date: / / Page 8 of 9 Literary Schedule Report Schedule 1 Department of the Treasury Locality Name: Account Number Locality Type: School: Loan Rate: Amount Issued: Issue Date: Date Due Principal Interest Payment Outstanding Balance Page 9 of 9 • ACTION NO. 102224-7.h ITEM NO. G.8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2024 AGENDA ITEM: Resolution requesting the Virginia Department of Transportation (VDOT) to accept a portion of Appletree Drive extension of Plantation Grove Subdivisions Sections 1 & 3 in Hollins 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 Virginia Department of Transportation (VDOT) accept a portion of Appletree Drive extension - Plantation Grove Subdivision Secs 1 & 3 into the Virginia Department of Transportation System, in the Hollins Magisterial District. BACKGROUND: The County of Roanoke is requesting that the Board of Supervisors approve a resolution asking the Virginia Department of Transportation (VDOT) to accept, as described by the AM-4.3, (Attachment) 0.0547 mile of Appletree Drive extension from the current Plantation Grove Lane (Rt. 1245) state maintenance to the end of its cul-de- sac. This road extension is located within the Plantation Grove Subdivisions Section 1 & 3 in the Hollins Magisterial District. This portion of the road was built in the nineties, and the entire right-of-way width was originally dedicated to Roanoke County. Recently, VDOT discovered, during repaving activities in Huntridge area, that this road extension of Appletree Drive was never dedicated to VDOT. Page 1 of 2 • DISCUSSION: Roanoke County staff coordinated with VDOT staff on how to proceed with this project. It was determined that the Board of Supervisors should consider a resolution requesting the acceptance of this subdivision street into the Secondary System. VDOT also requested that the Board of Supervisors guarantee the performance of the streets requested to become part of the Secondary System for a period of one year from the date of the acceptance of the referenced street(s) by VDOT. The language is inserted into the standard format for the County resolution in order to be added into the VDOT Secondary System. As you are aware, this extension of the road has been in place for many years and currently was examined by County Staff and Virginia Department of Transportation and deemed to be in acceptable condition. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board approve the attached resolution requesting that VDOT accept Appletree Drive extension of Plantation Grove subdivisions sections 1 & 3 into the Secondary Road System. VOTE: Supervisor North 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 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 22, 2024 RESOLUTION REQUESTING ACCEPTANCE OF A PORTION OF APPLETREE DRIVE EXTENSION OF PLANTATION GROVE SUBDIVISIONS SECTIONS 1 & 3 IN THE HOLLINS 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, a representative of 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 NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1) The Board hereby 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 Virginia Code § 33.2-705. 2) The Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills, and drainage. 3) The Board guarantees the performance of the street requested herein to become part of the Secondary System of State Highways for a period of one year from the date of the acceptance of the 1 referenced street by the Virginia Department of Transportation into the Secondary System of State Highways. The Board will completely reimburse all costs incurred by the Virginia Department of Transportation, up to $2,500.00, to repair any faults in the workmanship or materials of the referenced street and related drainage facilities as determined exclusively by the Virginia Department of Transportation. 4) A certified copy of this resolution shall be forwarded to the Residency Administrator for the Virginia Department of Transportation. 2 Form AM 4.3 ICR ID:403(2720 (Rev 10/10/2024) NONE \VDOT COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Form AM 4.3 In Roanoke County by Resolution of the governing body adopted 10/22/2024 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: Appletree Drive Extension 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.1085- New subdivision — Intersection with End of Cul-de-sac 0.0550 2 50 Appletree Drive street§33.2-705 Plantation Grove Lane!Route 1242 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 22, 2024 RESOLUTION 102224-7.h REQUESTING ACCEPTANCE OF A PORTION OF APPLETREE DRIVE EXTENSION OF PLANTATION GROVE SUBDIVISIONS SECTIONS 1 & 3 IN THE HOLLINS 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, a representative of 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 NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1) The Board hereby 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 Virginia Code § 33.2-705. 2) The Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills, and drainage. 3) The Board guarantees the performance of the street requested herein to become part of the Secondary System of State Highways for a period of one year from the date of the acceptance of the 1 referenced street by the Virginia Department of Transportation into the Secondary System of State Highways. The Board will completely reimburse all costs incurred by the Virginia Department of Transportation, up to $2,500.00, to repair any faults in the workmanship or materials of the referenced street and related drainage facilities as determined exclusively by the Virginia Department of Transportation. 4) A certified copy of this resolution shall be forwarded to the Residency Administrator for the Virginia Department of Transportation. On motion of Supervisor North to approve the resolution; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Shepherd, North NAYS: None ABSENT: Supervisor Mahoney A COPY TESTE: Rich. 4 L. Caywood, P.E. Co. ty Administrator/ Clerk to the Board of Supervisors CC: Tarek Moneir, Director of Development Services 2 Form AM 4.3 ICR ID:40312720 (Rev 10/10/2024) NONE \VDOT COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Form AM 4.3 In Roanoke County by Resolution of the gov ing body a pted 10/22/2024 The following VDOT Form AM-4.3 is hereby attach d and incorporated a part of the governin ody's r lution for changes to the condary sy stay hi s. A Copy Testee Signed(County fliicial): Report of Ch nges in the condary System of State Highways P ' division: Appletree Drive Extension CHANGE TYPE RTE NUM& CHANGE FROM TERMINI TO TERMINI LENGTH NUMBER OF RECORDAT ROW STREET NAME DESCRIPTION LANES ION WIDTH REFERENC E Addition Rt.1085- New subdivision Intersection with End of Cul-de-sac 0.0550 2 50 Appletree Drive street§33.2-705 Plantation Grove Lane/Route 1242 ACTION NO. 102224-7.i ITEM NO. G.9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 2024 AGENDA ITEM: Resolution requesting the Virginia Department of Transportation (VDOT) to accept a portion of South Gala Drive extension of Orchard Park Section 2 in the Hollins 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 Virginia Department of Transportation (VDOT) accept a portion of South Gala Drive - Orchard Park Subdivision Section 2 in the Hollins Magisterial District into the Virginia Department of Transportation System. BACKGROUND: The County of Roanoke is requesting that the Board of Supervisors approve a resolution asking the Virginia Department of Transportation (VDOT) accept, as described by the AM-4.3, (Attachment) 0.1399 miles of South Gala Drive from the current Cortland Road (Rt. 1003) state maintenance to the Huntridge Road (Rt. 1220) state maintenance located within the Orchard Park Subdivision Section 2 in the Hollins Magisterial District. This portion of the road was built in the nineties, and the entire right-of-way width was originally dedicated to Roanoke County. VDOT recently discovered, during repaving activities in the Huntridge area, that this segment of South Gala Drive has never been dedicated to VDOT. DISCUSSION: Roanoke County staff coordinated with VDOT staff on how to proceed with this project. Page 1 of 2 It was determined that the Board of Supervisors should consider a resolution requesting the acceptance of this subdivision street into the Secondary System. VDOT also requested that the Board of Supervisors guarantee the performance of the streets requested to become part of the Secondary System for a period of one year from the date of the acceptance of the referenced street(s) by VDOT. The language is inserted into the standard format for the County resolution in order to be added into the VDOT Secondary System. As you are aware, this extension of the road has been in place for many years and currently was examined by County Staff and Virginia Department of Transportation and deemed to be in acceptable condition. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff recommends that the Board approve the attached resolution requesting that VDOT accept South Gala Drive of Orchard Park Section 2 into the Secondary Road System. VOTE: Supervisor North 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 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 22, 2024 RESOLUTION REQUESTING ACCEPTANCE OF A PORTION OF SOUTH GALA DRIVE EXTENSION OF ORCHARD PARK SECTION 2 IN THE HOLLINS 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, a representative of 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 NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1) The Board hereby 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 Virginia Code § 33.2-705. 2) The Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills, and drainage. 3) The Board guarantees the performance of the street requested herein to become part of the Secondary System of State Highways for a period of one year from the date of the acceptance of the referenced street by the Virginia Department of Transportation into 1 the Secondary System of State Highways. The Board will completely reimburse all costs incurred by the Virginia Department of Transportation, up to $2,500.00, to repair any faults in the workmanship or materials of the referenced street and related drainage facilities as determined exclusively by the Virginia Department of Transportation. 4) A certified copy of this resolution shall be forwarded to the Residency Administrator for the Virginia Department of Transportation. 2 Form AM 4.3 ICR ID:403(7410 (Rev 10/09/2024) NONE \VDDT COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Form AM 4.3 In Roanoke County by Resolution of the governing body adopted 10/22/2024 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: South Gala Drive Extension CHANGE TYPE RTE NUM& CHANGE FROM TERMINI TO TERMINI LENGTH NUMBER OF RECORDAT ROW STREET NAME DESCRIPTION LANES ION WIDTH REFERENC E Addition Rt.1025-South New subdivision Intersection with Intersection with 0.14 2 50 Gala Drive street§33.2-705 Cortland Road/ Huntridge Road/ Route 1003 Route 1220 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 22, 2024 RESOLUTION 102224-7.i REQUESTING ACCEPTANCE OF A PORTION OF SOUTH GALA DRIVE EXTENSION OF ORCHARD PARK SECTION 2 IN THE HOLLINS 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, a representative of 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 NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1) The Board hereby 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 Virginia Code § 33.2-705. 2) The Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills, and drainage. 3) The Board guarantees the performance of the street requested herein to become part of the Secondary System of State Highways for a period of one year from the date of the acceptance of the referenced street by the Virginia Department of Transportation into 1 the Secondary System of State Highways. The Board will completely reimburse all costs incurred by the Virginia Department of Transportation, up to $2,500.00, to repair any faults in the workmanship or materials of the referenced street and related drainage facilities as determined exclusively by the Virginia Department of Transportation. 4) A certified copy of this resolution shall be forwarded to the Residency Administrator for the Virginia Department of Transportation. On motion of Supervisor North to approve the resolution; seconded by Supervisor Shepherd and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Shepherd, North NAYS: None ABSENT: Su MsoiMahoney A COPY TESTE: Rich -' . Caywood, P.E. C my Administrator/ Clerk to the Board of Supervisors CC: Tarek Moneir, Director of Development Services 2 Form AM 4.3 ICR ID:40317410 (Rev 10/09/2024) NONE \VDDT COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Form AM 4.3 In Roanok ou by Resolution of the 9oveming body ado ted 10/22/2024 The following VDOT Form AM-4.3 is hereby atta hed and incorporated a part of the governing body's resolution for change o the econda system of st a highways. A Copy Testee Signed(County fficial): ✓ V Report of Ch ngesnges in ondary System of State Highways 'ecUS ision: South Gala Drive Extension CHANGE TYPE RTE NUM& CHANGE FROM TERMINI TO TERMINI LENGTH NUMBER OF RECORDAT ROW STREET NAME DESCRIPTION LANES ION WIDTH REFERENC E Addition Rt.1025-South New subdivision Intersection with Intersection with 0.14 2 50 Gala Drive street§33.2-705 Cortland Road/ Huntridge Road/ Route 1003 Route 1220 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2024 RESOLUTION 102224-10 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 Hooker to adopt the resolution; seconded by Supervisor Radford and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Shepherd, North NAYS: None ABSENT: Supervisor Mahoney A COPY TESTE: f Richar L. aywood, P.E. Co y dministrator/ Clerk to the Board of Supervisors ACTION NO. 102224-11 ITEM NO. M.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 22, 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: Agenda item for public hearing and second reading of ordinance to rezone property from industrial to residential. BACKGROUND: The applicant is proposing a residential subdivision consisting of detached single-family dwellings and townhouses. Single-family dwellings and townhouses are not permitted uses in the I-1 Low Intensity Industrial District, but both uses are permitted by-right in the R-3, Medium Density Multi-Family Residential District. • The original concept plan for the proposed development showed 225 lots. 176 of these lots would be in Roanoke County and 49 would be in Botetourt County. The portion of the development in Roanoke County would consist of 141 townhouses and 35 single family detached dwellings. • The revised concept plan for proposed development shows 161 lots. 147 of these lots would be in Roanoke County and 14 of these lots would be in Botetourt County. The portion of the development in Roanoke County would Page 1 of 5 consist of 117 townhouses and 30 single family detached dwellings with an internal road connecting to Stonegate, Phase 3. DISCUSSION: The Planning Commission held a public hearing on this application on September 3, 2024. Twenty-two (22) written comments were completed at a community meeting on August 5, 2024, and shared with the Planning Commission, and an additional written comment was submitted before this public hearing. The written comments raised concerns with traffic and the density of the proposed development. Five (5) citizens spoke in opposition to the petition during this public hearing. Concerns and issues raised included: density of development; traffic generated from proposed development and other developments in the vicinity; need for amenities to handle additional housing; preference for single family homes over townhouses; and transportation improvements needed to handle new development. The Planning Commission discussed the unfunded transportation improvement, the traffic study, the proposed dedicated right-of-way along the applicant's frontage on Sanderson Drive, new road under construction in Stonegate, Phase 3, lack of proffered conditions associated with this application, the need for housing, types of homes and home prices, surrounding residential development, breaking up the 10-unit townhouse sections into smaller sections of 5 to 6 townhouses, inconsistency with the Principal Industrial future land use designation, and a potential connector road from proposed development to Stonegate, Phase 3. The Planning Commission voted to continue this public hearing until its October 1, 2024, meeting. At the Planning Commission's meeting on October 1, 2024, seven (7) citizens spoke during the continued public hearing. Concerns raised included: increased traffic; number of apartments being built in the area; funding for the left-turn lane; new subdivisions adding to current traffic issues; the railroad which creates challenges to any road improvement; inconsistency with future land use designation; and lack of green space within development. The Planning Commission discussed the proposed right-of-way dedication along the proposed development, the reduction in the number of lots from 225 to 161 with 147 being in Roanoke County, proposed connector road to Stonegate, Phase 3, traffic study, delay times at the Sanderson Drive/Shadwell Drive intersection, new entrances for proposed development needing to meet VDOT's sight distance requirements, number of notices sent to surrounding property owners, future land use, surrounding residential development, Sanderson Drive/Shadwell Drive is one of the intersections Page 2 of 5 being studied as part of the Safe Streets and Road for All study, the limited amount of industrial land available in the County, and the need for new housing. The Planning Commission recommends approval of the project with the following proffered conditions: 1. The property shall be developed in general conformance with the concept plan showing a maximum of 147 lots entitled "Beahm Property Botetourt County, VA Rezoning Concept" prepared by Engineering Concepts, Inc., dated 9/24/24, subject to any changes required during the comprehensive site plan review process. 2. The residential dwelling units shall be constructed in general conformance to the elevation examples for townhomes and detached homes provided by the applicant as part of the rezoning application titled "Townhome Example Elevations" dated 9/24/24. 3. A road shall be constructed to connect to the road/public right-of-way in Stonegate Phase 3 as shown on the concept plan entitled `Beahm Property Botetourt County, VA Rezoning Concept" prepared by Engineering Concepts, Inc., dated 9/24/24. Construction of this road shall begin upon the issuance of the 110th building permit for the lots in the development. 4. Right-of-way along Sanderson Drive shall be dedicated to the Roanoke County Board of Supervisors as shown on the concept plan entitled "Sanderson Drive and Shadwell Drive Left Turn Lane" prepared by Roanoke County Department of Planning, dated 7/9/24 for intersection improvements at Sanderson Drive and Shadwell Drive. The right-of-way dedication shall take place upon execution of the subdivision plat. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. STAFF RECOMMENDATION: Staff does not support the rezoning request due to the rezoning being inconsistent with the Principal Industrial Future Land Use Designation. However, staff recognizes the complications to develop this property as an industrial use, the surrounding properties being predominantly residential, and the length of time that the property has not been developed as industrial. Page 3 of 5 VOTE: Supervisor North found that the proposed rezoning request: 1. Is inconsistent with the future land use designation of "Principal Industrial" included in the County's adopted comprehensive plan, but the proposed residential use is in line with adjacent properties currently zoned for residential use and will assist with the current need for available housing in Roanoke County. 2. Is good zoning practice, and 3. Will not result in substantial detriment to the community. Therefore, moved that the Board approve the rezoning request as it has been requested, including the following four(4) proffered conditions: 1. The property shall be developed in general conformance with the concept plan showing a maximum of 147 lots entitled "Beahm Property Botetourt County, VA Rezoning Concept" prepared by Engineering Concepts, Inc., dated 9/24/24, subject to any changes required during the comprehensive site plan review process. 2. The residential dwelling units shall be constructed in general conformance to the elevation examples for townhomes and detached homes provided by the applicant as part of the rezoning application titled "Townhome Example Elevations" dated 9/24/24. 3. A road shall be constructed to connect to the road/public right-of-way in Stonegate Phase 3 as shown on the concept plan entitled "Beahm Property Botetourt County, VA Rezoning Concept" prepared by Engineering Concepts, Inc., dated 9/24/24. Construction of this road shall begin upon the issuance of the 110th building permit for the lots in the development. 4. Right-of-way along Sanderson Drive shall be dedicated to the Roanoke County Board of Supervisors as shown on the concept plan entitled "Sanderson Drive and Shadwell Drive Left Turn Lane" prepared by Roanoke County Department of Planning, dated 7/9/24 for intersection improvements at Sanderson Drive and Shadwell Drive. The right-of-way dedication shall take place upon execution of the subdivision plat. Supervisor Radford seconded the motion. Motion approved. Page 4 of 5 Yes No Absent Mr. Radford ® ❑ ❑ Ms. Hooker ® ❑ ❑ Mr. Mahoney ❑ ❑ Ms. Shepherd ® ❑ ❑ Mr. North ® ❑ ❑ CC: Megan Cronise, Assistant Director of Planning Page 5 of 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 22, 2024 ORDINANCE 102224-11 REZONING APPROXIMATELY 21.39 ACRES FROM I-1 (LOW INTENSITY INDUSTRIAL) DISTRICT TO R-3C (MEDIUM DENSITY MULTI- FAMILY RESIDENTIAL) DISTRICT WITH CONDITIONS TO DEVELOP A RESIDENTIAL SUBDIVISION LOCATED AT 0: SANDERSON DRIVE AND 7812 SANDERSON DRIVE, HOLLINS MAGISTERIAL DISTRICT WHEREAS, Dale Wilkinson with Stonegate Properties, LLC is requesting to rezone approximately 21.39 acres from I-1 (Low Intensity Industrial) District to R-3C (Medium Density Multi-Family Residential) District with conditions in order to develop a residential subdivision on property located at 0 Sanderson Drive (Roanoke County Tax Map Number 028.01-01-29.00-0000) and 7812 Sanderson Drive (Roanoke County Tax Map Number 028.01-01-30.00-0000); and WHEREAS, the first reading of this ordinance was held on August 20, 2024, and the second reading and public hearing were held on October 22, 2024; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 3, 2024, which was continued to and resumed on October 1, 2024; and WHEREAS, the Planning Commission recommends approval of the petition as requested, with four(4) conditions proffered by the applicant; and WHEREAS, legal notice and advertisement has been provided as required by law. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board finds that the request as submitted by Dale Wilkinson with Stonegate Properties, LLC is inconsistent with the future land use designation of "Principal Industrial" included in the County's adopted Page 1 of 3 comprehensive plan, but the proposed residential use is in line with adjacent properties currently zoned for residential use and will assist with the current need for available housing in Roanoke County. 2. The Board further finds that the request as submitted by Dale Wilkinson with Stonegate Properties, LLC is good zoning practice, and will not result in substantial detriment to the community. 3. The petition of Dale Wilkinson with Stonegate Properties, LLC to rezone approximately 21.39 acres from I-1 (Low Intensity Industrial) District to R- 3C (Medium Density Multi-Family Residential) District with conditions in order to develop a residential subdivision on property located at 0 Sanderson Drive (Roanoke County Tax Map Number 028.01-01-29.00- 0000) and 7812 Sanderson Drive (Roanoke County Tax Map Number 028.01-01-30.00-0000) is hereby approved, with the following four (4) proffered conditions: a. The property shall be developed in general conformance with the concept plan showing a maximum of 147 lots entitled "Beahm Property Botetourt County, VA Rezoning Concept" prepared by Engineering Concepts, Inc., dated 9/24/24, subject to any changes required during the comprehensive site plan review process. b. The residential dwelling units shall be constructed in general conformance to the elevation examples for townhomes and detached homes provided by the applicant as part of the rezoning application titled "Townhome Example Elevations" dated 9/24/24. c. A road shall be constructed to connect to the road/public right-of-way in Stonegate Phase 3 as shown on the concept plan entitled "Beahm Property Botetourt County, VA Rezoning Concept" prepared by Engineering Concepts, Inc., dated 9/24/24. Construction of this road shall begin upon the issuance of the 110th building permit for the lots in the development. Page 2 of 3 d. Right-of-way along Sanderson Drive shall be dedicated to the Roanoke County Board of Supervisors as shown on the concept plan entitled "Sanderson Drive and Shadwell Drive Left Turn Lane" prepared by Roanoke County Department of Planning, dated 7/9/24 for intersection improvements at Sanderson Drive and Shadwell Drive. The right-of-way dedication shall take place upon execution of the subdivision plat. 4. This ordinance shall be in full force and effect thirty (30) days after its final passage. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor North to approve the ordinance; seconded by Supervisor Radford and carried by the following roll call and recorded vote: AYES: Supervisors Radford, Hooker, Shepherd, North NAYS: None ABSENT: Supervisor_Mahoney A COPY TESTE: Rich r . Caywood, P.E. C y Administrator/ Clerk to the Board of Supervisors CC: Megan Cronise, Assistant Director of Planning Page 3 of 3