HomeMy WebLinkAbout12/15/2020 - Regular - DRAFT
December 15, 2020
599
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second regularly scheduled
meeting of the month of December 2020. Audio and video recordings of this meeting
will be held on file for a minimum of five (5) years in the office of the Clerk to the Board
of Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order, a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Radford called the meeting to order at 3:00 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman David F. Radford (by telephone); Supervisors
Martha B. Hooker, Paul M. Mahoney, Phil C. North and P.
Jason Peters
Supervisor North acted as Chairman.
MEMBERS ABSENT: None
STAFF PRESENT: Daniel R. O’Donnell, County Administrator; Richard
Caywood, Assistant County Administrator; Rebecca Owens,
Assistant County Administrator; Peter S. Lubeck, County
Attorney; Amy Whittaker, Public Information Officer and
Deborah C. Jacks, Chief Deputy Clerk to the Board
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IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Peter Lubeck, County Attorney, asked to provide information on the
wearing of face coverings. As you are aware, Governor Northam’s recent executive
order #72, he set forth the general rule that people are required to wear face coverings
in indoor settings that are shared by others. The order specifically states that this rule
applies to local government settings. The executive order sets forth several exceptions
to the rule. Mr. Lubeck stated he would highlight three exceptions, which during the
course of today’s meetings may apply. The requirement to wear face coverings does
not apply in the following situations: (1) while eating or drinking (2) if a person has
trouble breathing or has another medical condition or disability that prohibits wearing a
face covering and (3) Section 3e6 of the order states that face coverings may be
temporarily removed if necessary to secure government services. He understands this
exception to mean that a face covering may be temporarily removed if it prevents
someone who is speaking at a government meeting from being able to communicate
clearly. This is the practice that Governor Northam has modeled during his televised
press conference. It is his recommendation that when necessary to facilitate clear
communication that speakers temporarily remove their face masks when speaking.
IN RE: NEW BUSINESS
1. Request to accept and allocate funds in the amount of $1,200
from the 2020 Mud Run from Roanoke Valley Detachment 426 of
the Marine Corps League to Camp Roanoke (Doug Blount,
Director of General Services and Parks, Recreation and Tourism)
A-121520-1
Mr. Blount introduced Mike Shepherd and Roger Flippen and received the
funds. There was no discussion.
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of Kent Wheeler to rezone approximately 13.023
acres from R-1C, Low Density Residential, District with
conditions to I-2, High Intensity Industrial, District and to rezone
approximately 14.483 acres from I-2, High Intensity Industrial,
District to AG-1, Agricultural/Rural Low Density, District, located
at and near 5454 Aerospace Road, Vinton Magisterial District
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Supervisor Peters’ motion to approve the first reading and set the second
reading and public hearing for January 26, 2021, was seconded by Supervisor Hooker
and approved by the following vote:
AYES: Supervisors Mahoney, Hooker, Radford, Peters, North
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Emergency ordinance readopting Ordinance 033120-1 to
effectuate temporary changes in certain deadline and to modify
public meeting and public hearing practices and procedures to
address continuity of operations associated with pandemic
disaster (Due to the Pandemic Disaster, it is requested, upon a
four-fifths vote of the Board, the second reading be waived and
the ordinance adopted as an emergency measure) (Peter S.
Lubeck, County Attorney)
Mr. Lubeck outlined the request for ordinance. Supervisor Mahoney noted
that we have approved this five (5) times and probably have to approve two (2) or three
(3) times more. There was no discussion.
EMERGENCY 121520-2 ORDINANCE READOPTING
ORDINANCE 033120-1, TO EFFECTUATE TEMPORARY
CHANGES IN CERTAIN DEADLINES AND TO MODIFY PUBLIC
MEETING AND PUBLIC HEARING PRACTICES AND
PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS
ASSOCIATED WITH PANDEMIC DISASTER
WHEREAS, on March 31, 2020, the Board adopted emergency Ordinance
033120-1, to effectuate temporary changes in certain deadlines and to modify public
meeting and public hearing practices and procedures to address continuity of
operations associated with the COVID-19 pandemic disaster; and
WHEREAS, pursuant to Section 15.2-1427 of the Code of Virginia, emergency
ordinances shall not be enforced for more than sixty (60) days unless readopted; and
WHEREAS, the Board readopted the ordinance on May 26, 2020, July 14, 2020;
September 8, 2020; and November 4, 2020; and
WHEREAS, due to the ongoing nature of the COVID -19 pandemic, it is again
proposed that the Board readopt Ordinance 033120-1; and
WHEREAS, the first reading of this ordinance was held on December 15, 2020;
and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of
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the members of the Board, this being deemed to be an emergency measure pursuant to
Section 18.04 of the Roanoke County Charter.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia:
1. That Ordinance 033120-1 is hereby readopted.
2. An emergency is deemed to exist, and this ordinance shall be effective upon
its adoption.
On motion of Supervisor Mahoney to adopt the ordinance as an emergency
measure and waiving the second reading with a 4/5ths vote; seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, Radford, Peters, North
NAYS: None
2. Emergency Ordinance accepting and appropriating funds in the
amount of $68,764.67, on behalf of the Town of Vinton, from the
Commonwealth of Virginia, for the COVID-19 Utility Relief
Program, distributed as a component of the Coronavirus Aid,
Relief, and Economic Security (CARES) Act of 2020 and
authorizing the execution of 1) a memorandum of understanding
and 2) certification for receipt of Coronavirus relief fund
payments for the COVID-19 Utility Relief Program (Due to the
Pandemic Disaster, it is requested, upon a four-fifths vote of the
Board, the second reading be waived and the ordinance adopted
as an emergency measure) (Laurie Gearheart, Director of
Finance and Management Services)
Ms. Gearheart outlined the request for ordinance. There was no
discussion.
EMERGENCY 121520-3 ORDINANCE ACCEPTING AND
APPROPRIATING FUNDS IN THE AMOUNT OF $68,764.67, ON
BEHALF OF THE TOWN OF VINTON, FROM THE
COMMONWEALTH OF VIRGINIA, FOR THE COVID-19 UTILITY
RELIEF PROGRAM, DISTRIBUTED AS A COMPONENT OF THE
CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY
(CARES) ACT OF 2020 AND AUTHORIZING THE EXECUTION
OF 1) A MEMORANDUM OF UNDERSTANDING AND 2)
CERTIFICATION FOR RECEIPT OF CORONAVIRUS RELIEF
FUND PAYMENTS FOR THE COVID-19 UTILITY RELIEF
PROGRAM
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WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (“CARES
Act”) was passed by the United States Congress and signed into law by the United States
President on March 27, 2020; and
WHEREAS, a primary component of the CARES Act is the provision of funding
assistance to state, local, territorial, and tribal governments for direct costs associated with
the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund
(“CRF”); and
WHEREAS, consistent with the CARES Act, in November 2020, the General
Assembly passed and Governor Northam signed into law the 2020 Special Session
Amendments to the 2020 Appropriation Act and Item 479.10 of this legislation
appropriates $100 million from the Commonwealth’s CARES Act CRF allocation to
establish a COVID-19 Utility Relief Program (“Program”) to help provide direct assistance
to utility customers with accounts over 30 days in arrears; and
WHEREAS, the Town of Vinton (“Town”) has been notified that it has been
awarded federal CARES Act funds pursuant to the Appropriation Act mandated State
Corporation Commission application process in the amount of $68,764.67 to assist with
municipal utility customer relief for all eligible customers of the Town; and
WHEREAS, such funds must be used to only cover those costs that:
a. Are necessary expenditures incurred due to the public health emergency with
respect to the Coronavirus Disease 2019 (COVID‐19);
b. Were not accounted for in the budget most recently approved as of March 27,
2020, for the utility; and
c. Were incurred during the period that begins on March 1, 2020, and ends on
December 30, 2020; and
WHEREAS, Roanoke County (the “County”) has agreed to act as the Town’s
fiscal agent as required by the Virginia Department of Housing and Community
Development (“DHCD”) to facilitate assistance to eligible customers, and a memorandum
of understanding has been proposed to such effect; and
WHEREAS, in order to receive the CRF funding, the Town and County must also
complete a Certificate of Receipt of Coronavirus Relief Fund Payments; and
WHEREAS, the first reading of this ordinance was held on December 15, 2020,
and it is proposed that a second reading be dispensed with, upon a 4/5ths vote of the
members of the Board, this being deemed to be an emergency measure pursuant to
Section 18.04 of the Roanoke County Charter, in order to enable the localities to receive
and expend the funds prior to December 30, 2020.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the sum of $68,764.67 is accepted, and is appropriated to the County’s
Grant Fund, in the Commonwealth’s CARES Act CRF allocation, for use by the
Town to establish a COVID-19 Utility Relief Program.
2. The County Administrator, or any Assistant County Administrator, is authorized
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to execute a memorandum of understanding with the Town of Vinton, in which
the County will agree to act as the fiscal agent for the Town for the Utility Relief
Program, on a form as approved by the County Attorney.
3. The County Administrator, or any Assistant County Administrator, is further
authorized to execute a Certificate of Receipt of Coronavirus Relief Fund
Payments, and any other such documents that may be necessary to effectuate
the Utility Relief Program.
4. An emergency is deemed to exist, and this ordinance shall be effective upon its
adoption.
On motion of Supervisor Peters to adopt the ordinance; seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
3. Emergency ordinance authorizing the adoption of Amendment
No. 2 to the Workforce Investment Area III Chief Local Elected
Officials (CLEO") Charter Agreement, to designate the Western
Virginia Workforce Development Board as Fiscal Agent (Due to
the emergency nature, it is requested, upon a four-fifths vote of
the Board, the second reading be waived and the ordinance
adopted as an emergency measure) (Peter Lubeck, County
Attorney)
Mr. Lubeck outlined the request for the emergency ordinance. There was
no discussion.
EMERGENCY ORDINANCE 121520-4 AUTHORIZING THE
ADOPTION OF AMENDMENT NO. 2 TO THE WORKFORCE
INVESTMENT AREA III CHIEF LOCAL ELECTED OFFICIALS
(“CLEO”) CHARTER AGREEMENT, TO DESIGNATE THE
WESTERN VIRGINIA WORKFORCE DEVELOPMENT BOARD
AS FISCAL AGENT
WHEREAS, in 2003, the Cities of Covington, Roanoke, and Salem, and the
Counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke created, by Charter
Agreement, a consortium (the “Consortium”) to work together in accordance with the
provisions of the federal Workforce Investment Act (the “Act”) within the Western
Virginia Workforce Development Area III, as designated by the Commonwealth of
Virginia (“Area III”); and
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WHEREAS, one of the roles of the Consortium, as set forth in the Charter
Agreement, was to appoint the Western Virginia Workforce Development Board
(“WDB”); AND
WHEREAS, in July 2014, the United States Congress enacted the Workforce
Innovation and Opportunity Act, 29 U.S.C. §§ 3101, et. seq. (“WIOA”) that repealed and
replaced the WIA; and
WHEREAS, in 2015, the Member Jurisdictions executed Amendment No. 1 to
the Charter Agreement, which, inter alia, 1) acknowledged the enactment of the WOIA,
and recognized that Consortium would henceforth operate in accordance with the
authority and provisions of the WOIA, and 2) changed the Consortium’s fiscal agent
from the Western Virginia Workforce Development Board (“WDB”), the original fiscal
agent, to the Roanoke Valley-Alleghany Regional Commission (“RVARC”); and
WHEREAS, in April 2020, the RVARC announced that it will discontinue service
as the Fiscal Agent for the Consortium effective December 31, 2020, thus necessitating
another amendment to the Charter Agreement; and
WHEREAS, it has been proposed that WDB should again be designated as the
Fiscal Agent for the Consortium and for itself; and
WHEREAS, Section 13 of the Charter Agreement allows for amendments to the
Charter Agreement with the concurrence of the governing bodies of the Member
Jurisdictions; and
WHEREAS, the first reading of this ordinance was held on December 15, 2020;
and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of
the members of the Board, this being deemed to be an emergency measure pursuant to
Section 18.04 of the Roanoke County Charter.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia, that:
1. The Board concurs with amending the Charter Agreement by adoption of
Amendment No. 2, to designate the WDB as the Fiscal Agent for the Consortium
and for itself.
2. The County Administrator or any Assistant County Administrator is authorized
to execute Amendment No. 2 to the Charter Agreement. Such amendment
shall be in a form substantially similar in form to document included in the
Board materials for its December 15, 2020 meeting, the form to be approved
by the County Attorney.
3. In order to appoint WDB as Fiscal Agent prior to December 31, 2020, the
second reading of this ordinance is waived, an emergency is deemed to exist,
and this ordinance shall be effective upon its adoption.
On motion of Supervisor Hooker to adopt the ordinance; seconded by Supervisor
Peters and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
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4. Ordinance approving the acquisition of permanent and temporary
easements on parcels owned by the Western Virginia Water
Authority (Tax Map Numbers 4330301 Roanoke City and 070.11-
01-09.00-0000 Roanoke County) for development of the Roanoke
River Greenway (Lindsay Webb, Park Planning and Development
Manager)
Ms. Webb outlined the request for the ordinance. There was no
discussion.
Supervisor Peters’ motion to approve the first reading and set the second
reading for January 12, 2021, was seconded by Supervisor Mahoney and approved by
the following vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinance authorizing a permanent drainage easement to the
Commonwealth of Virginia Department of Transportation on Property
owned by the Roanoke County Board of Supervisors (Tax Map No.
027.14-02-18.00-0000) for the purpose of constructing Route 11
(Williamson Road) and Route 117 (Peters Creek Road) Pedestrian
Safety Improvements, Hollins Magisterial District (Philip Thompson,
Director of Planning)
Mr. Thompson advised there were no changes since the first reading.
There was no discussion.
ORDINANCE 121520-5 AUTHORIZING A PERMANENT
DRAINAGE EASEMENT TO THE COMMONWEALTH OF
VIRGINIA DEPARTMENT OF TRANSPORTATION ON
PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF
SUPERVISORS (TAX MAP NO. 027.14-02-18.00-0000) FOR
THE PURPOSE OF CONSTRUCTING ROUTE 11
(WILLIAMSON ROAD) AND ROUTE 117 (PETERS CREEK
ROAD) PEDESTRIAN SAFETY IMPROVEMENTS, HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, the Commonwealth of Virginia Department of Transportation
(VDOT) has requested a 0.034 acre (1,477 square foot) permanent drainage
easement across tax map number 027.14-02-18.00-0000, which is old Route 11 right-
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of-way connecting Williamson Road (Route 11) to Peters Creek Road (Route 117)
located behind North Market Village, to facilitate a sidewalk project along Williamson
Road; and
WHEREAS, VDOT has requested that the permanent drainage easement be
donated to the Commonwealth of Virginia Department of Transportation; and
WHEREAS, the proposed easement will serve the interests of the public and is
necessary for the public health, safety, and welfare of the citizens of Roanoke County;
and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and disposition of real estate be authorized only by ordinance; and
WHEREAS, a first reading of this ordinance was held on December 1, 2020,
and the second reading was held on December 15, 2020; and
WHEREAS, pursuant to the provision of Section 16.01 of the Roanoke County
Charter, the interest in real estate to be conveyed is hereby declared to be surplus,
and is hereby made available for other public uses by conveyance of the necessary
permanent drainage easement to the Commonwealth of Virginia for the completion of
Route 11 (Williamson Road) and Route 117 (Peters Creek Road) Pedestrian Safety
Improvements on property owned by Roanoke County, tax map number 027.14-02-
18.00-0000.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That conveyance of a 0.034 acre (1,477 square foot) permanent drainage
easement to the Commonwealth of Virginia Department of Transportation to facilitate
Route 11 (Williamson Road) and Route 117 (Peters Creek Road) Pedestrian Safety
Improvements on property owned by Roanoke County, tax map number 027.14-02-
18.00-0000, is hereby authorized.
2. That the permanent drainage easement is donated to the
Commonwealth of Virginia Department of Transportation.
3. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as
may be necessary to accomplish this conveyance, all of which shall be on a form
approved by the County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor North to adopt the ordinance; seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, Radford, Peters, North
NAYS: None
The phone connection with Supervisor Radford was lost.
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2. Ordinance accepting and appropriating $165,450 from the Virginia
Outdoors Foundation for the purchase of a half-interest in 34
acres adjacent to Explore Park in Bedford and Roanoke Counties
(Doug Blount, Director of General Services and Parks, Recreation
and Tourism)
Mr. Blount advised there were no changes from the first reading. The
actual land acquisition will come back at a later meeting.
ORDINANCE 121520-6 ACCEPTING AND APPROPRIATING
$165,450 FROM THE VIRGINIA OUTDOORS FOUNDATION FOR
THE PURCHASE OF A HALF-INTEREST IN 34 ACRES
ADJACENT TO EXPLORE PARK IN BEDFORD AND ROANOKE
COUNTIES
WHEREAS, the Virginia Outdoors Foundation provides grant funding to protect
land in perpetuity; and
WHEREAS, Roanoke County has been awarded such a grant, in the amount of
$165,450 from the Virginia Outdoors Foundation, for the purchase of a half-interest in
34 acres adjacent to Explore Park in Bedford and Roanoke Counties; and
WHEREAS, Roanoke County proposes to manage the property as part of
Explore Park, remaining forested and largely undeveloped, except for trails and similar
facilities for outdoor recreation; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, a first reading of this ordinance was held on December 1, 2020, and
the second reading was held on December 15, 2020.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $165,450 is hereby accepted from the Virginia Outdoors
Foundation, and appropriated for the purchase of a half-interest in 34
acres adjacent to Explore Park in Bedford and Roanoke Counties.
2. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Peters to adopt the ordinance; seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, Peters, North
NAYS: None
ABSENT: Supervisor Radford
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IN RE: CONSENT AGENDA
RESOLUTION 121520-7 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM H- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for December
15,2020, designated as Item H - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Item 1 as
follows:
1. Confirmation of appointment to the Grievance Panel
On motion of Supervisor Mahoney to adopt the resolution; seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, Peters, North
NAYS: None
ABSENT: Supervisor Radford
A-121520-7.A
IN RE: REPORTS
Supervisor Peters to receive and file the following reports. The motion
was seconded by Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, Peters, North
NAYS: None
ABSENT: Supervisor Radford
1. Unappropriated, Board Contingency and Capital Reserves
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of
November 30, 2020
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of November 30, 2020
5. Accounts Paid – November 30, 2020
6. 3:28Statement of Treasurer's Accountability per Investment and
Portfolio Policy as of November 30, 2020
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IN RE: CLOSED MEETING
At 3:28 p.m., Supervisor North moved to go into closed meeting following
the work sessions pursuant to the Code of Virginia Section 2.2-3711 A Section 2.2-
3711.A.1 - Discussion, consideration, or interviews of prospective candidates for
employment; assignment, appointment, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees, or employees of any
public body; namely the County Administrator’s annual performance evaluation.
The motion was seconded by Supervisor Hooker and carried by the
following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters
NAYS: None
ABSENT: Supervisor Radford
The closed session was held from 5:49 p.m. until 6:10 p.m.
th
At 3:29 p.m., Vice Chairman North recessed the meeting to the 4
floor for work session and closed session.
IN RE: WORK SESSIONS
The telephone connection with Supervisor Radford was reestablished.
1. Work session to review with the Board of Supervisors the
budgets for the allocations of CARES Act funding (Laurie
Gearheart, Director of Finance and Management Services)
Ms. Gearheart provided a PowerPoint presentation.
Supervisor Mahoney asked what is the line item for daycare; is it under
public schools. Ms. Gearheart responded the first allocation on slide three, it's in other
defined eligible expenses. In the second allocation, they only asked for an additional
$50,000. Moving to slide 5, when we met at the October 6th work session, we asked for
approval to take some undefined monies from the second allocation, along with them
when we received the broadband money and take those and combine them and use
public safety payroll costs Supervisor Mahoney asked if that would cover for the
remainder of the year. Ms. Gearheart stated staff had asked for an additional $375,000
for the daycare program so we could extend it to the end of the fiscal year. So that's
actually sitting in the general fund money now. Supervisor Mahoney then asked what
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would be the total expenditure for the daycare program with Ms. Gearheart responding
it would be the $462,500 plus $50,000, so you're at about $502,500 and then an
additional $375,000 pushing the total to over $900,000.
Supervisor North asked when final reports are due with Ms. Gearheart
advising January 21, 2021 for the State and ninety days for the federal government.
Supervisor Radford asked with regard to slide 4, he thinks he heard that
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the remaining balances that were not spent by the 30 would be swept into the general
funds. Ms. Gearheart responded in the affirmative, saying using public safety payroll
costs, which are an eligible allowable expenditure against the CARES allocation.
The work session was held from 3:42 p.m. until 3:58 p.m.
2. Work session to provide an overview of Fire and Rescue
operations and the deployment of SAFER Grant staff with the
Board of Supervisors (Stephen G. Simon, Chief of Fire and
Rescue)
Chief Simon provided a PowerPoint presentation.
Supervisor Peters asked with regard to Slide 19, Botetourt station is not
working, but thinks we have to highlight the reason why the station seven in Botetourt is
not going to serve Roanoke County well because majority of their calls are going
probably to the new station in the Town Center. The other part is because their fire and
rescue is no longer running calls. Chief Simon advised fire is, but rescue is not.
Supervisor Peters stated it has been his concern all along, even back before we did the
deal. He feels if it is not going to serve Roanoke County residents and it is going to put
more pressure on Vinton and Station 14 in Roanoke City. This is a heavily populated
area and we all know that Rt. 460 is a challenge if you live down that way. He feels it is
something that needs to happen, but thinks the history of the Botetourt station now is
not going to be a benefit to use and think it really needs to be emphasized as we move
forward. Chief Simons stated without taking anything away from Botetourt County, that
station covers a very large geographical area and the possibility of them not being
available when a call goes out in Roanoke County is likely. I just don't want to paint the
picture that they're not able, because if a call goes out, they are responding, but they do
have a massive area and they back up a great swath of Botetourt County. So if no one's
available in the Fincastle or in the Troutville area, they're going that way. So they really
do cover one size fits all. Supervisor Peters stated in his mind, if they are going to
Fincastle, with travel time, they could be out of service for 2 to 2.5 hours, which would
then fall back on us trying to find coverage for the Rt. 460 portal. Chief Simon added
even when we had Read Mountain, from an operational response, not a lot has
changed. He thinks this gives us an opportunity to correct a problem and that is one
reason why we have created those partnerships with Roanoke City.
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They get dispatched automatically on certain call types because we do not
have to wait for those critical type moments.
Supervisor Peters stated his last point is basically because of agreements,
we are kind of subsidizing this service for getting Read Mountain currently and the cost
could go up. Supervisor Peters added that the agreement is over the next five (5) years,
so we might as well put our money where it benefits us the most on a long-term basis.
Chief Simon stated he agreed. Supervisor Peters stated we are going to face even
more pressure with the new nursing home.
Supervisor Mahoney asked how many people live in The Orchards. As
mentioned earlier, that's one of the factors you look at, your population density. That to
him is the critical aspect of wherever you locate, because he thinks you want to have a
station close to where your people are.
Supervisor Peters noted we still have a station on Masons Cove and you
just don't want to leave that abandoned. He would recommend that we put six
paramedic firefighters in there, similar to what we do at our Mountain Top ones,
Catawba-Masons Cove.
Supervisor Hooker stated she felt it’s very important to keep a viable
option there in the Masons Cove area. She stated that she thinks that they would really
feel deprived if they didn't have that near them.
Supervisor Radford with regard to the Oak Grove area, we have Station
#3 and then around the corner we have a rescue squat station. Will there ever be a
chance to redevelop those two into one. Chief Simon stated at some point they would.
The Cave Spring rescue building would not accommodate the fire suppression. The
building was not designed for fire engines when the building was built, this station is an
older building and has had two major additions. W e have to put a lot of money into it on
a regular basis. If you went ahead and redid that station based on the data, his
recommendation is that you'd have to probably put that station very close to where it
currently is, unless you did two stations, where you can put one further down towards
the administration center, and one maybe further down Electric Road towards Oak
Grove Plaza. It's really where that development's going to come, because you do have
some older neighborhoods and you have a lot of young neighborhoods, but you do have
some older neighborhoods which generate more calls. Supervisor Peters commented
that he believes some land was purchased behind Oak Grove Elementary for that is.
Supervisor Radford asked how many square foot is a three bay. Chief Simon responded
about 13,000 to 14,000 square foot.
Chief Simon indicated that staff would prepare two options to be brought
forward with the CIP Plan.
The work session was held from 4:00 p.m. until 5:35 p.m.
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IN RE: CERTIFICATION RESOLUTION
At 7:00 p.m., Supervisor North moved to return to open session and adopt
the certification resolution. All Supervisors were in attendance or on the phone.
RESOLUTION 121520-9 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 Mahoney to adopt the resolution; seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, Radford, Peters, North
NAYS: None
IN RE: NEW BUSINESS
1. Resolution adopting a Legislative Program for the 2021 session of
the Virginia General Assembly and petitioning the General
Assembly to favorably consider the topics and issues addressed
herein (Peter Lubeck, County Attorney)
Eldon James and Sue Rowland provided an overview for 2020 via
teleconference. Mr. Lubeck then reviewed the priorities for fiscal 2021: CSA,
Broadband, Education K-12 funding, and Recordation Tax Distribution to Localities. He
indicated Qualified and Sovereign Immunity, Workers’ Compensation Presumptions and
Transportation would be 2021 legislative positions.
Mr. James then discussed the upcoming budget session (2021).
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Supervisor Mahoney stated he was very happy to hear Sue’s report on
CSA and the JLARC report. He agrees. He really thinks the JLARC report will hopefully
add a little horsepower to our legislative initiatives. With respect to recordation tax and
education funding, Mr. James, do you have a dollar number as to what the hold
harmless position would be within the existing budget and number two, whatever that
number is, are you also hearing any kind of initiative to push hold harmless for the next
school year, which is the school year, beginning in September '21. Mr. James
responded on the hold harmless, relative to a dollar amount, he does not have a dollar
amount and the reason is, that money is budgeted. The money was budgeted based
on what was anticipated to be the overall statewide enrollment and some school
divisions are down more than others. Some are down very little, and this is not a dollar
amount that they have to go find and add to the budget. It just simply says you don't
lose the money that was anticipated in your budget as approved because your
enrollment went down for this year. I hope that makes sense. Supervisor Mahoney
added he understands, and he was thinking what kind of effect it might have if it were
extended for the next year? There is support for that, but it is softer. It is money that
has already been budgeted and approved and was not unallotted so it is available.
Supervisor Mahoney then asked with regard to recordation tax, what does
Roanoke County derive from recordation tax and what is the Statewide impact of the
recordation tax reallocation to Hampton Roads. He thinks that is going to be very
difficult to pry that away and thinks when we go and talk to our local legislators we
need to tell them what the impact is on Roanoke County, but on a broader statewide
basis, it is going to be hard to pry that away from them. Mr. James responded the
statewide number is $20 million. Ms. Owens advised the Roanoke County number if
$1.5
Supervisor North commented regarding the education hold harmless, last Friday
when we were on a phone call one of the State Delegates took the question when put
to him about holding harmless for the second fiscal year of the two-year budget and
they were all in agreement that it would be okay to the end of June next year, but no
one wanted to dance on that question and wanted to wait and see how the economy
comes back. The impact to Roanoke County is $2.24 million, if we are not held
harmless. Additionally, he noted that each legislator is being limited to seven (7) bills.
RESOLUTION 121520-8 ADOPTING A LEGISLATIVE PROGRAM
FOR THE 2021 SESSION OF THE VIRGINIA GENERAL
ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO
FAVORABLY CONSIDER THE PRIORITIES AND POSITIONS
ADDRESSED HEREIN
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified
major legislative issues of local and statewide concern to be considered by the 2021
session of the Virginia General Assembly; and
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615
WHEREAS, the Board adopts this resolution as its Legislative Program for the
2021 session of the Virginia General Assembly.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the following priorities and positions are submitted as its
Legislative Program for the 2020 session of the Virginia General Assembly, for its
favorable consideration and adoption.
PRIORITIES
1. Children’s Services Act
a. The County supports enhancing the ability of local school divisions to
serve children with disabilities in their neighborhood schools, to include
flexibility in use of state pool funds to serve children with special needs in
local or regional programs tailored to meet those needs, and additional
support for special education wraparound services to help support children
in their communities.
b. The County supports legislation to allow public schools to establish and
fund special education programs (and related services) within public
schools.
c. In the alternative, the County requests that the Department of Education
develop a pilot program, in certain local school divisions, allowing a
process for redirecting federal, state and local funds (including CSA
funds), for the purpose of providing services currently offered in a private
day setting in the public school setting.
2. Broadband Expansion
a. The County urges the Commonwealth to provide adequate funding
assistance to counties to build the necessary telecommunications
infrastructure to deploy universal affordable access to the internet for all
areas, particularly in underserved rural areas.
b. The County supports legislation that provides additional tools for counties
to finance, build and operate open access networks in partnership with
commercial internet service providers.
c. The County encourages the Commonwealth to increase funding for grants
provided through the 2021 Virginia Telecommunications Initiative (VATI),
and supports allowing municipal broadband authorities to apply for VATI
grants without a private sector partner.
3. Education K-12 Funding
a. The County urges the General Assembly to provide hold-harmless funding
for Sales Tax distributions to local school divisions and Direct Aid payment
amounts based on average daily membership until the main impacts of
COVID-19 on both sources of funding cease.
4. Recordation Tax Distribution to Localities
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616
a. The County supports the restoration of state recordation tax revenues
distributed to counties and cities for use of transportation or public
education purposes.
POSITIONS
A. Qualified Immunity and Sovereign Immunity
a. The County opposes any substantive change in local governments’
present defenses of qualified immunity and sovereign immunity.
B. Workers’ Compensation Presumptions
a. The County opposes any effort to expand workers’ compensation
presumptive illnesses eligibility for public employees that are not done in
concert with additional state funding assistance to local governments to
offset additional insurance liabilities.
b. The County opposes the creation of presumptions that would entitle
certain categories of employees to workers’ compensation benefits for any
injury, death, or disability that they suffer as a result of exposure to
COVID-19.
C. Transportation
a. The County supports changes to simplify the Smart Scale process for
allocating transportation funds to reduce time and costs to prepare and
review applications.
On motion of Supervisor Hooker to adopt the resolution; seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, Radford, Peters, North
NAYS: None
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. The petition of Michael H. Fielder to rezone approximately 9.03
acres from AG-1, Agricultural/Rural Low Density, District to I-1,
Low Intensity Industrial, District, located at 4053 Aerospace
Road, Vinton Magisterial District (Philip Thompson, Director of
Planning)
Mr. Thompson provided a PowerPoint presentation and outlined the
request for the rezoning.
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617
Supervisor Mahoney stated assuming the Board goes forward and
approves the application and rezones the property to I-1, should we also amend the
comp plan to bring into conformance with whatever zoning is. Mr. Thompson responded
staff is in the process of outlining how we are going to do it. We are starting to set up
stakeholder interviews for the first part of next year and doing some research. One of
the things he thinks we need to look at and not just this area, when you look at the
future land use, you will see not compatible existing uses. How do you deal with that?
Part of our evaluation and thoughts thus far when looking at future land use designation,
what tweeks are needed to make, how to deal those with grandfathered uses that are
out there. It not that we would want industrial uses to pop up all around there, but
maybe there are some change in the description of conservation or do we change this
area to rural village. It is looking at our future land use designations, looking at our
existing uses on the ground and trying to determine what tweeks we need to make.
Supervisor Mahoney stated when looking at the map that shows pretty extensively
industrial zone and he understands the topography. We also have for first reading
today, another application coming in that is following this one that is going to be on the
same road. He is just trying to think if it is not going to industrial, aside from
conservation what other land use, apart from principal industrial could we do so at least
we would bring existing uses into conformity. Mr. Thompson advised that is part of the
analysis staff would do with the comp plan. Again, it is one thing to be zoned I-1 on Rt.
460, but it is a different thing to be zoned I-1 out here. While it is zoned I-1, when you
look at the intensity of what could actually happen; there is rezoning, but there is also
the reality on the ground of development. What is the full development potential of that
property?
Supervisor Peters stated would the AV will discourage what the petition is
try to do? Mr. Thompson responded in the affirmative. The AV is consistent with the
County’s future land use. The third thing for him, all of this land on Jae Valley, he has a
hard time with any of it being industrial, simply due to the fact that if anyone listens to
the police scanner, we have a lot of tractor trailer and big truck accidents. He just
wanted to make sure this would not hinder the petitioner with what he wants to do. Mr.
Thompson advised either use of what he wants to use it for they would consider it
general office for a trades company. The storage would be indoors. The future use
would be a veterinary hospital or clinic. Both of those uses are allowed in I-1 and AV.
The petitioner explained his reason for going back to I-1.
Supervisor Radford inquired if the lot accessible goes back to Aerospace
Road with Mr. Thompson responded in the affirmative. Supervisor Peters referenced
page 252. Chairman Radford added to him it seems to be more industrial than
residential.
Chairman North recessed the meeting from 8:02 p.m. until 8:12 p.m. to
allow for comment. There were no citizen ecomments and no citizen calls.
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ORDINANCE 121520-10 REZONING APPROXIMATELY 9.03
ACRES FROM AG-1 (AGRICULTURAL/RURAL LOW DENSITY)
DISTRICT TO I-1 (LOW INTENSITY INDUSTRIAL) DISTRICT,
LOCATED AT 4053 AEROSPACE ROAD, VINTON
MAGISTERIAL DISTRICT (TAX MAP NO. 090.00-03-34.00-0000)
WHEREAS, Michael H. Fielder is requesting to rezone approximately 9.03 acres,
located at 4053 Aerospace Road, Vinton Magisterial District, from AG-1
(Agricultural/Rural Low Density) District to I-1 (Low Intensity Industrial) District, to
operate a small plumbing company out of the existing facility on the property (general
office use); and
WHEREAS, the first reading of this ordinance was held on November 17, 2020,
and the second reading and public hearing were held on December 15, 2020; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on November 30, 2020; and
WHEREAS, the Planning Commission recommends approval of the petition as
requested; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The petition of Michael H. Fielder to rezone approximately 9.03 acres,
located at 4053 Aerospace Road, Vinton Magisterial District, from AG-1
(Agricultural/Rural Low Density) District to I-1 (Low Intensity Industrial)
District, is approved.
2. The Board finds that the proposed rezoning request is not consistent with
the Future Land Use Designation of Conservation; however, the facility on
the property is existing and the property was previously split zoned I-1
(Low Intensity Industrial) District and AG-1 (Agricultural/Rural Low
Density) District for over forty years.
3. The Board further finds that the proposed rezoning is otherwise good
zoning practice, and will not result in substantial detriment to the
community.
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 Peters to approve the ordinance, seconded by
Supervisor Mahoney and carried by the following recorded vote:
December 15, 2020
619
AYES: Supervisors Mahoney, Hooker, Radford, Peters, North
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Peters stated he just wanted to finish out our last meeting of
2020, thank goodness. Normally, we give updates on what is going on in the
community, but he wants to thank a lot of people. 2020 has been an interesting year at
all levels of private business, public work, elected officials; we have all been asked to do
things that we never saw coming. He wants to thank our Administration under the
leadership of Dan O’Donnell and all of his staff; Peter Lubeck form the County
Attorney’s office and has to thank Debbie Jacks who always keeps us in line. He
wanted to thank everybody for what they have done in 2020. To all the employees of
Roanoke County, it has been interesting year. We have had unprecedented time where
our Police and Public Safety have been under attack and appreciate all of those who
have stuck by our County and we have been here to support you as much as we
possibly could. He also wanted to thank Mr. Radford for his leadership of the Board and
all of his colleagues on the Board. He thinks we have stepped up every time and did
what was best for our community every time the opportunity was given to us by Mr.
O’Donnell. We stepped up. He appreciates the work of the Board and is looking
forward to 2021.
Supervisor Mahoney stated he would like to echo everything that
Supervisor Peters said; it was excellent. In closing, to all our citizens and staff, Merry
Christmas, Happy Hanukah, Happy Holiday and hopefully 2021 is better.
Supervisor Hooker thanked the staff and administrative for a challenging
year and we are glad it is coming to a successful close and it was not worse than it was
and she is praying for a good 20201. She appreciated what Supervisor Peters said and
also appreciate Supervisor Radford for his leadership this year.
Supervisor Radford stated he agrees with Supervisor Peters that this is an
unusual year. He would have never thought that he would be in his house in quarantine
talking at the last Board meeting of the year, but that is the kind of year we have been
having. So, while he cannot physically see you all, he can definitely imagine seeing the
staff out in front. He is also thankful for everything they did; tremendous work with such
a challenging year. He does want to close out with just a couple of things that
happened this week. He was invited to speak at the Department of Housing and
Community Development Board early this week on the potential of sprinklers being
mandatory statewide in town homes. After a four-hour meeting yesterday, the
committee was able to understand the economic damage that could be done to rural
parts of SW Virginia and they voted it down. It was a triumph for us in our location. The
second thing, he wanted to point out that he sat in on a HB Chief Economist
presentation yesterday and there are a lot of bright spots in the economy in regards to
housing and he brings that up because housing is 87% of our revenue, our taxes
December 15, 2020
620
coming in. There are some great signs as we come out of this transition out of the
pandemic and we come into more a normal economy. The housing market is strong
and is absolutely pulling a lot of its weight in the economy up with it. Just a couple of
things, the housing has an index called HMI and that index has been as low as 40, and
it measure builder confidence, whether you feel like you are going to build so many
houses or just build houses period. Today that index is at 90, an all-time high. So that
is a good indicator. Also, median resale price of homes is nearing the new home price.
This is a nationwide statistic and is a good item. Supply chain issues are still a problem,
but they are loosening up because the lumber in the warehouses are starting to fill back
up. So. There is demand right now that is working to our advantage. Work from home
has driven the demand for homes as well as the low interest rates and the favorable
demographics. Popular shifts in the South and the Midwest are still growing to the
detriment of North East. Those are good indicators. Overall a good talk by our
economist and just wanted to end on some good news after what we have been through
in 2020. He definitely looks forward to a bright and better year in 2021 and thank you
Board members for supporting me at Chair this year. Our conversations off and on all
year were very helpful and fruitful and wish you all a Merry Christmas and Happy New
year.
Supervisor North stated he too wanted to thank Supervisor Radford for his
service as our Chair this year and leading us during this COVID 2020. Whom would
have thought that we would be in a pandemic when many of us made plans to travel
that we never could follow through with this year? Who laughed in the travel agency’s
office when he said, “Oh don’t worry, travel insurance does not cover pandemics, it is
probably not going to happen” and two months it did. He still has to the end of next year
to take that trip. Ms. Whittaker provided him with a statement that Roanoke County is
excited to launch its new ROCO mobile app for Apple and Android devices. He
download it on both of his phones. The ROCO mobile offers a one-touch access to
County news and alerts, calendars, public notices, County Departments and other
online services. As part of the County’s recent website redesign the public information
and communications and information technology staff collaborated to develop this new
communication tool. Citizens are encouraged to visit the Apple app store or the Google
play store to download the app today. He encouraged everyone to do so; it’s free,
useful and he did it last night. A few other comments from committees that he serves
on to share news tidbits. The I81 news, procurement of design build contracts are in
process for exits 137 through 141 are currently ahead of schedule on all projects and is
expected to stay ahead subject to funding availability. Dr. Smoot from the
Commonwealth Transportation Board also shared that Rt. 220 to Martinsville and to the
North Carolina border as well as North to Clifton Forge needs to be elevated and
support and attention in lieu of I73. According to Dr. Smoot, the economy impact is
driving this discussion. He has asked the Allegheny Regional Commission to prepare a
resolution of support on the I220 corridor. Planning for both I581 and Rt. 220-Rt 419
projects are moving along as well; as well at Rt. 460 East improvements. Smart Scale
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621
Virginia funding for highway projects now is only $800 million coming up in the next
budget year. An issue worth watching is the request of Virginia to become a signatory
to reducing carbon emissions. Consequences of current emission is higher gas taxes of
34 cents per gallon, reduced gas supplies, especially in rural areas and he has also
requested the Transportation Planning Organization to provide resolution language
opposing this. Some news for rail plans in the I81 corridor, revenues from the Roanoke
extension of Amtrack, having exceeded its operating costs has the highest load factor of
any Virginia route and it is something we should be proud of here in the Roanoke
Valley. Within two (2) years, a new train will be added to and from Roanoke, with an
early afternoon arrival and a later afternoon departure. Within five (5) years, the service
will be extended into the New River Valley. This news is the result of new agreements
between the State of Virginia and Norfolk Southern. Lastly, a housing study requested
by Roanoke County in early 2019 through the regional commission has been completed
and it tells us some of the barriers, which we are facing in the housing market. Number
one being the lack of housing is not helping attract and retain workers long term. The
demand for adding choices for an older population are increasing. The report is 500
pages long and he promises he is not going to read that tonight, nor is he going to read
the summary report of 50 slides, but his Christmas gift to each and every one of you is
go home and fall asleep in the chair reading the 50 slide presentation he shared earlier.
With all that said, he wished everyone a very merry Christmas and a Happy New Year;
things can only get better in 2021 and they will.
IN RE: ADJOURNMENT
Chairman Radford adjourned the meeting at 8:04 p.m.
Submitted by: Approved by:
________________________ ___________________________________
Deborah C. Jacks P. Jason Peters
Chief Deputy Clerk to the Board Chairman
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