4/27/2021 - Regular - DRAFT
April 27, 2021
259
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 April 2021. 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 Peters called the meeting to order at 3:01 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman P. Jason Peters; Supervisors Martha B. Hooker,
Paul M. Mahoney, Phil C. North and David F. Radford
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
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Proclamation commemorating the 75th Anniversary of North
Cross School and expressing appreciation to Headmaster Chris
Proctor for his service (Jill Loope, Director of Economic
Development)
Mr. Proctor received the proclamation that was read by the Clerk. All
Supervisors offered their congratulations.
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IN RE: NEW BUSINESS
1. Resolution of the Board of Supervisors of Roanoke County,
Virginia consenting to the amendment of special assessment
revenue note, series 2012, of the South Peak Community
Development Authority and Related Note Purchase Agreement
(Rebecca Owens, Assistant County Administrator)
Ms. Owens outlined the request for resolution.
Supervisor Radford stated this is savings of $157,907. Ms. Owens
responded that what this meant to South Peak CDS was a special assessment of
$90,000 because of COVID and the revenues not coming in where projected. This
action alone actually updates and changes the special assessment, reducing it to
$15,000. So, the interest savings is going to vary from one year to the next over the
course through 2033 and in total the savings $516,909.
Supervisor North commented it is interest avoidance. He questioned if
staff was looking at others with Ms. Owens responding in the affirmative.
RESOLUTION 042721-1 OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, CONSENTING TO THE AMENDMENT
OF SPECIAL ASSESSMENT REVENUE NOTE, SERIES 2012, OF THE
SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY AND THE
RELATED NOTE PURCHASE AGREEMENT
WHEREAS, the Board of Supervisors of Roanoke County, Virginia (the “Board of
Supervisors”), established the South Peak Community Development Authority (the
“Authority”) for the purpose of assisting in the development of certain infrastructure
improvements (the “Improvements”) described in Exhibit B to the Memorandum of
Understanding dated as of February 1, 2011 (the “Memorandum of Understanding”),
between Roanoke County, Virginia (the “County”) and Slate Hill I LLC; and
WHEREAS, Section 1 of the Memorandum of Understanding provides that the
Authority may not issue revenue bonds without first receiving the consent of the Board
of Supervisors to do so; and
WHEREAS, on December 21, 2012, pursuant to the Memorandum of
Understanding and with the prior consent of the Board of Supervisors, the Authority
issued its Special Assessment Revenue Note, Series 2012 (the “2012 Note”), and sold
the 2012 Note to Carter Bank & Trust (the “Bank”), pursuant to a Note Purchase
Agreement dated as of December 1, 2012 (the “Note Purchase Agreement”), between
the Authority and the Bank; and
WHEREAS, the Bank and the Authority previously agreed to reduce the interest
rate of the 2012 Note from 6.5% to 6.0% and entered into an Amendment to Note
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Purchase Agreement, between the Authority and the Bank, and an Allonge to the 2012
Note, each dated December 17, 2019, to reflect the interest rate reduction; and
WHEREAS, the Bank has offered to reduce the interest rate on the 2012 Note
from 6.0% to 4.49% and counsel to the Authority has advised that the reduction will
result in a “reissuance” of the 2012 Note for federal tax purposes; and
WHEREAS, on April 21, 2021, the Board of the Authority adopted a resolution
(the “Authority Resolution”) authorizing the amendment of the 2012 Note and the Note
Purchase Agreement to reflect the lower interest rate and requesting that the Board of
Supervisors consent to such amendments pursuant to the Memorandum of
Understanding; and
WHEREAS, a copy of the Authority Resolution has been attached hereto as
Exhibit A.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA:
1. The Board of Supervisors hereby consents to and approves the
amendment of the 2012 Note and the Note Purchase Agreement to reflect the reduction
in the interest rate from 6.0% to 4.49% as provided in the Authority Resolution.
2. The approval of the amendment of the 2012 Note does not constitute an
endorsement of the 2012 Note. The 2012 Note shall continue to be payable solely from
revenues received by the Authority. The 2012 Note, as amended, shall not be deemed
to constitute a debt, liability, or obligation of the County and shall not impact upon the
debt capacity of the County.
3. All acts and doings of the officers of the County and members of the
Board of Supervisors that are in conformity with the purposes and intent of this
resolution shall be, and the same hereby are, in all respects approved and confirmed.
Exhibit A
AUTHORITY RESOLUTION
RESOLUTION OF THE SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY
AUTHORIZING AND APPROVING THE AMENDMENT OF THE SPECIAL ASSESSMENT
REVENUE NOTE, SERIES 2012, AND THE RELATED NOTE PURCHASE AGREEMENT AND
REQUESTING THE CONSENT OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, TO SUCH AMENDMENTS
WHEREAS, on December 21, 2012, the South Peak Community Development
Authority (the “Authority”) issued its $7,000,000 Special Assessment Revenue Note,
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Series 2012 (the “2012 Note”), for the purpose of assisting in the development of certain
infrastructure improvements described in Exhibit B to the Memorandum of
Understanding dated as of February 1, 2011 (the “Memorandum of Understanding”),
between Roanoke County, Virginia (the “County”), and Slate Hill I LLC; and
WHEREAS, the Authority sold the 2012 Note to Carter Bank & Trust (the “Bank”)
on the terms set forth in the Note Purchase Agreement dated December 1, 2012 (the
“Note Purchase Agreement”), between the Authority and the Bank; and
WHEREAS, the Bank and the Authority previously agreed to reduce the interest
rate of the 2012 Note from 6.5% to 6.0% and entered into an Amendment to Note
Purchase Agreement, between the Authority and the Bank, and an Allonge to the 2012
Note, each dated December 17, 2019, to reflect the interest rate reduction; and
WHEREAS, the Bank has offered to reduce the interest rate on the 2012 Note
from 6.0% to 4.49%; and
WHEREAS, both the Authority’s administrator, MuniCap, Inc., and the finance
staff of the County, have reviewed the Bank’s proposal and have recommended it to the
Authority; and
WHEREAS, counsel to the Authority has advised that the interest rate reduction
will constitute a “reissuance” of the 2012 Note for federal tax purposes and pursuant to
Section 1 of the Memorandum of Understanding the Board of Supervisors of the County
(the “County Board”) must consent to the issuance of bonds by the Authority.
BE IT RESOLVED BY THE BOARD OF THE SOUTH PEAK COMMUNITY
DEVELOPMENT AUTHORITY:
1. The Authority hereby approves the reduction of the interest rate on the
2012 Note from 6.0% to 4.49%. The reduction will be reflected in amendments to the
2012 Note and the Note Purchase Agreement as set forth in an allonge to the 2012
Note (the “Allonge”) and a document amending the Note Purchase Agreement (the
“Amendment”), forms of which have been presented to this meeting.
2. The Chairman and Vice Chairman of the Authority (the “Authorized
Officers”), either of whom may act, are hereby authorized to execute and deliver the
Allonge and the Amendment, and the Secretary and the Assistant Secretary of the
Authority, either of whom may act, are authorized to have the seal of the Authority
affixed or printed thereon and to attest such seal. The Allonge and the Amendment
shall be in substantially the forms presented to this meeting, with such completions,
omissions, insertions and changes as an Authorized Officer may approve, whose
approval will be evidenced conclusively by the execution and delivery of the Allonge and
the Amendment. Notwithstanding the foregoing, the Authorized Officers may not deliver
the Allonge and the Agreement until the County Board has provided its consent thereto.
3. The Authorized Officers, the Secretary and Assistant Secretary and such
other officers of the Authority as the Authorized Officers may direct are hereby
authorized to execute, deliver and record, as necessary, on the Authority’s behalf any
amendments to any other documents associated with the issuance and sale of the 2012
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Note to reflect the amendments made by the Allonge and the Amendment and all other
agreements, contracts, documents, certificates and instruments approved by either
Authorized Officer relating to such amendments, and to take all such further action as
any of them may deem necessary or desirable in connection therewith, including without
limitation the execution and delivery of a certificate setting forth the expected use of the
property financed by the 2012 Note to show that such expected use will not violate the
applicable provisions of the Internal Revenue Code of 1986, as amended (the “Code”),
and the regulations thereunder, and Form 8038-G to be filed with the Internal Revenue
Service.
4. Any authorization made hereby to the officers of the Authority to execute
documents shall include authorization to the Secretary or Assistant Secretary to affix the
seal of the Authority to such document and attest such seal and authorization to any
officer to provide for the recording of such document where appropriate and deliver it to
the other parties thereto.
5. The Authorized Officers are hereby authorized to provide for the
presentation of a certified copy of this resolution to the County Board and to request on
the Authority’s behalf that the County Board consent to the Allonge and the
Amendment. All other acts of the officers of the Authority that are in conformity with the
purposes and intent of this resolution and in furtherance of the issuance and sale of the
Series 2012 Note are hereby authorized, ratified and approved.
6. This resolution shall take effect immediately upon its adoption.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinances to appropriate funds for:
(a) Fiscal year 2021-2022 operations budget and approval of
the Classification and Pay Plan for fiscal year 2021-2022 for
the County of Roanoke, Virginia;
Ms. Gearheart outlined the request for ordinance. Supervisor Peters
asked for confirmation that this includes the step plan, which Ms. Gearheart confirmed.
There was no discussion.
Supervisor North’s motion to approve the first reading and set second
reading for May 11, 2021, was seconded by Supervisor Radford and approved by the
following vote:
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AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
(b) Fiscal year 2021-2022 capital budget for the County of
Roanoke, Virginia;
There was no discussion.
Supervisor Mahoney’s motion to approve the first reading and set second
reading for May 11, 2021, was seconded by Supervisor Hooker and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
(c) Fiscal year 2021-2022 transfer to and on behalf of the
Roanoke County Public Schools budget for the County of
Roanoke, Virginia
Supervisor Hooker read the following statement, “I am an employee
of Roanoke County schools and after consulting with the County Attorney and the
Commonwealth Attorney, she is able to participate in this vote.
There was no discussion.
Supervisor Hooker’s motion to approve the first reading and set second
reading for May 11, 2021, was seconded by Supervisor Peters and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
(d) Fiscal year 2021-2022 operations budget for Roanoke
County Public Schools;
There was no discussion.
Supervisor Radford’s motion to approve the first reading and set second
reading for May 11, 2021, was seconded by Supervisor Hooker and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
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(e) Fiscal year 2021-2022 capital budget for Roanoke County
Public Schools
There was no discussion.
Supervisor North’s motion to approve the first reading and set second
reading for May 11, 2021, was seconded by Supervisor Hooker and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
2. Ordinance amending the Roanoke County Code by (1) amending
Chapter 13 (Offenses - Miscellaneous), Section 13-4 (Discharge of
Firearms or Any Chapter Similar Gun or Device, Generally); (2)
amending Chapter 21 (Taxation), Section 21-21 (Other
Classifications of Tangible Personal Property); and (3) adding
Chapter 21 (Taxation), Article X (Cigarette Tax) (Peter S. Lubeck,
County Attorney)
Mr. Lubeck outlined the request for ordinance.
There was no discussion.
Supervisor Peters’ motion to approve the first reading and set second
reading and public hearing for May 11, 2021, was seconded by Supervisor Hooker and
approved by the following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
3. Ordinance accepting and appropriating Transportation
Alternatives Set-Aside Program funds from the Virginia
Department of Transportation in the amount of $200,000 and
$16,652 from the Roanoke County Revenue Sharing Program for
the East Roanoke River Greenway crossing of the Blue Ridge
Parkway along Highland Road (State Route 618) (Lindsay Webb,
Parks Planning and Development Manager)
Lindsay Webb outlined the request for ordinance.
There was no discussion.
Supervisor Radford’s motion to approve the first reading and set second
reading for May 11, 2021, was seconded by Supervisor Peters and approved by the
following vote:
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AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
4. Ordinance accepting and appropriating $15,000 from the Roanoke
Outside Foundation for improvements at Wayside Park to support
the Roanoke River Blueway (Lindsay Webb, Parks Planning and
Development Manager)
Ms. Webb outlined the request for ordinance.
Supervisor Radford stated he has seen the drawing that shows the
concrete ramp. Being in construction, he knows $15,000 is not enough to handle all
that or is it? Ms. Webb responded the total cost estimate for the total project is around
$65,000. The $15,000 is a supplement to Roanoke County Capital Funding.
There was no further discussion.
Supervisor Hooker’s motion to approve the first reading and set second
reading for May 11, 2021, was seconded by Supervisor Radford and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
5. Ordinance accepting and appropriating funds in the amount of
$1,034,339.20 from the Virginia Department of Transportation for
the Fallowater Lane Extension Project, Cave Spring Magisterial
District (Megan G. Cronise, Transportation Planning
Administrator)
Ms. Cronise provided a PowerPoint and outlined the request for
ordinance.
Supervisor North commented Roanoke County’s contribution in total is
about 33% of the total cost ($1.034 million), which is testimony of the ability to work with
folks in Richmond, SmartScale, Transportation Board to mitigate costs, kudos to our
Transportation Department.
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Supervisor Mahoney stated the concern he has is that the cost for this
project seems to continue to expand and grow and it is a little worrisome, particularly
when we come to our next item on the agenda seeing as the actual bids came back and
his fear is that he is anticipating a similar accelerated increase in costs. He stated
Megan has been doing a great job over the years in terms of the different highway
projects, but have you seen increases like this on some of our other projects. He does
not recall increases on the Plantation Road project, with the exception of what you see
here. This worries him as the cost continues to increase, increase and increase. He
can see some difficulties with building a road up Fallowater. It is not going to be easy
and he can see some significant challenges. Ms. Cronise responded that staff
anticipates with the second revenue sharing application, we believe there will be
enough funding to be able to aware the construction bid without having to find extra
funds. The right-of-way was not as expensive as VDOT had anticipated, so we think we
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will be okay. The bids are due the 19 and we will know at that time.
Supervisor Radford stated there is too long of a lead time between
conception to drawings to construction. The prices with his suppliers, on the residential
side, are only good for 7 days. By the time he has started talking with clients,
designing, estimating the price has changed. He agreed with Supervisor Mahoney, it is
concerning, but the lag time is terrible and we are fighting inflation at an incredible rate
right now.
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Supervisor Peters asked what happens on May 19 if the bids are much
higher. Ms. Cronise responded they have a certain percentage of the overall costs that
are allocated for construction. We believe we will have some excess funds in the right-
of-way phase, so we should be able to combine though to cover any excess.
There was no further discussion.
Supervisor Mahoney’s motion to approve the first reading and set second
reading for May 11, 2021, was seconded by Supervisor Radford and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
6. Ordinance accepting and appropriating funds in the amount of
$505,139 for the Plantation Road Bicycle, Pedestrian and
Streetscape Improvement Project, Phase II, in the Hollins
Magisterial District (Megan G. Cronise, Transportation Planning
Administrator)
Ms. Cronise outlined the request for ordinance.
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Supervisor Mahoney commented it looks like almost a 20% increase for
the bid; he hopes we don’t have a 20% increase on Fallowater. He is very happy that
the Water Authority is going to be upgrading the lines in that area. It has a lot of
potential for some additional future growth for the County and thinks that is very
positive.
Supervisor North stated he noticed that 8.8% of the cost of this project is
County match, about $202,927. This is another example of our good relationship with
VDOT and some of this is what you would call market pricing because you have
everybody working on I81, which drives up the cost of raw materials as well as labor
from the contractor. It is a nice climate for business if you are in the construction
business like Supervisor Radford. However, most of our successes are because of
other people’s money, Surface Transportation Grants, leverage from the Roanoke
Valley Allegheny Regional Commission and the TPO and our good folks at VDOT in
Richmond. Our worst nightmare in the future is if the dwellings are measured versus
population in allocation of Federal funding. If that should occur, the days of funding
from STVG could be jeopardized. We all hope and pray that the Roanoke Valley
Alleghany Regional Commission as well as Roanoke County that this does not occur.
There was no further discussion.
Supervisor North’s motion to approve the first reading and set second
reading for May 11, 2021, was seconded by Supervisor Radford and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
7. Ordinance accepting and appropriating funds in the amount of
$28,480.20 from the former Catawba/Masons Cove Volunteer
Rescue Squad (C. Travis Griffith, Chief of Fire and Rescue)
There was no discussion.
Supervisor Hooker’s motion to approve the first reading and set second
reading for May 11, 2021, was seconded by Supervisor Peters and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
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IN RE: PUBLIC HEARING
1. Public hearing for citizen comments on the proposed fiscal year
2021-2022 Operating Budget and the proposed fiscal year 2022-
2031 Capital Improvement Program (Laurie Gearheart, Director of
Finance and Management Services)
Ms. Gearheart outlined the request for public hearing.
Chairman Peters recessed the meeting from 3:50 p.m. until 4:00 p.m. to
allow for written comments. Chairman Peters opened and closed the public hearing with
no citizens to speak on this agenda item.
2. Public hearing to receive citizen comments regarding proposed
amendments to the fiscal year 2020-2021 budget in accordance
with Code of Virginia Section 15.2-2507 (Laurie Gearheart,
Director of Finance and Management Services)
Ms. Gearheart outlined the request for public hearing.
Chairman Peters recessed the meeting from 4:02 p.m. until 4:12 p.m. to
allow for written comments. Chairman Peters opened and closed the public hearing with
no citizens to speak on this agenda item.
IN RE: SECOND READING OF ORDINANCES
1. Ordinance accepting and appropriating Education Grant Awards
related to the COVID-19 pandemic in the amount of $4,340,714.11
to the Roanoke County Public School grant fund for fiscal year
2020-2021 (Susan Peterson, Director of Finance, Roanoke County
Public Schools)
Ms. Peterson outlined the request for ordinance and advised no changes
since the first reading. There was no discussion.
ORDINANCE 042721-2 ACCEPTING AND APPROPRIATING
EDUCATION GRANT AWARDS RELATED TO THE COVID-19
PANDEMIC IN THE AMOUNT OF $4,340,714.11 TO THE
ROANOKE COUNTY PUBLIC SCHOOLS' GRANT FUND FOR
FISCAL YEAR 2020-2021
WHEREAS, on January 22, 2021, the Virginia Department of Education notified
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all school divisions in the Commonwealth of the Coronavirus Response and Relief
Supplemental Appropriations (CRRSA) Act Elementary and Secondary School
Emergency Relief (ESSER) II Fund allocations; and
WHEREAS, the allocations were based on each school division's relative share
of Title I, Part A, Federal Fiscal Year 2020 funds; and
WHEREAS, the period of performance for the award is March 13, 2020, through
September 30, 2023; and
WHEREAS, Roanoke County Public Schools received an allocation of these
funds in the amount of $4,340,714.11; and
WHEREAS, Roanoke County Public Schools intends to use these funds to
address current capital maintenance projects related to air quality, plumbing, windows,
and security to provide relief in the 2021-2022 annual budget, in addition to ways to
address learning loss; 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 April 13, 2021, and
the second reading was held on April 27, 2021.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $4,340,714.11 allocated to the Roanoke County Public
Schools’ Grant Fund is accepted.
2. That the sum of $4,340,714.11 is hereby appropriated to the Roanoke
County Public Schools’ Grant Fund.
3. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor North to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
2. Ordinance accepting and appropriating Virginia Preschool
Initiative grant expansions in the amount of $99,745.73 to the
Roanoke County Public Schools' Grant Fund for fiscal year 2020-
2021 (Susan Peterson, Director of Finance for Roanoke County
Public Schools)
Ms. Peterson outlined the request for ordinance; advising no changes
since the first reading. There was no discussion.
ORDINANCE 042721-3 ACCEPTING AND APPROPRIATING
VIRGINIA PRESCHOOL INITIATIVE GRANT EXPANSIONS IN
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THE AMOUNT OF $99,745.73 TO THE ROANOKE COUNTY
PUBLIC SCHOOLS' GRANT FUND FOR FISCAL YEAR 2020-
2021
WHEREAS, on June 10, 2020, Governor Ralph Northam announced that through
the federal Governor's Emergency Education Relief (GEER) Fund $10 million will be
used to expand early childhood education and child care programs in the
Commonwealth, especially for children with academic and social-emotional needs; and
WHEREAS, these funds will help restore the Virginia Preschool Initiative (“VPI”)
expansions and enhancements that were unallotted in the revised 2020 state budget
and removed from the school division's original budget when it was revised downward
for the pandemic; and
WHEREAS, Roanoke County Public Schools received an allocation of these
funds in the amount of $99,745.73 in two separate awards: the Community Provider
Add-On Award, and the VPI Pilot for Serving Three-Year-Olds Award); and
WHEREAS, the Community Provider Add-On Award of $7,500 represents an
award of $1,500 each for five at-risk three- to four-year-olds who are attending a
community-provider facility as a VPI student, paying the tuition of the students at the
facility; and
WHEREAS, the VPI Pilot for Serving Three-Year-Olds Award of $92,245.73
represents the state’s share to increase access for 23 at-risk three-year-old students to
high quality preschool programs that prepare them for kindergarten; 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 April 13, 2021, and
the second reading was held on April 27, 2021.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $99,745.73 allocated to the Roanoke County Public
Schools’ Grant Fund is accepted.
2. That the sum of $ $99,745.73 is hereby appropriated to the Roanoke
County Public Schools’ Grant Fund.
3. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Radford to adopt the ordinance, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
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3. Ordinance appropriating funds in the amount of $536,030 for a
rural broadband project with Cox Communications (Daniel R.
O'Donnell, County Administrator; Bill Hunter, Director of
Communications and Information Technology)
Mr. O’Donnell advised there have been no changes since the first reading.
There was no discussion.
ORDINANCE 042721-4 APPROPRIATING FUNDS IN THE
AMOUNT OF $536,030 FOR A RURAL BROADBAND PROJECT
WITH COX COMMUNICATIONS
WHEREAS, the Rural Broadband Initiative (“RBI”) project was planned to improve
communication and data technology in both the business sector and in residential settings;
and
WHEREAS, the County collected survey data to identify areas where citizens either
do not have or have inadequate internet service, which data was analyzed to evaluate the
next steps in improving high-speed internet across Roanoke County; and
WHEREAS, the RBI conforms to the Community Strategic Plan to Connect Roanoke
County to the World; and
WHEREAS, there is an opportunity for Cox Communications and Roanoke
County to partner together on expansion of broadband to bring internet access to over
300 homes in the Windsor Hills, Cave Spring and Catawba magisterial districts; and
WHEREAS, the total broadband project cost is $3,002,335; and
WHEREAS, funding sources for the project include: Cox Communications’
financial commitment of $786,427 and previously appropriated funds for broadband
totaling $1,179,878; and
WHEREAS, the remaining funds needed to complete the project total $536,030,
which funds are available in the General Fund; 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 April 13, 2021, and
the second reading was held on April 27, 2021.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $536,030 is hereby appropriated for the functions and
purposes indicated;
2. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
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AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 042721-5 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for April 27,
2021, designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 5 inclusive, as follows:
1. Approval of minutes – March 9, 2021
2. Resolution approving the Roanoke Valley Resource Authority (RVRA) budget
for fiscal year 2021-2022
3. Resolution approving the Roanoke Regional Airport Commission budget for
fiscal year 2020-2021
4. Request to approve the Cable Television budget for fiscal year 2020-2021
5. Request to accept and allocate funds in the amount of $4,899.56, to the Clerk
of Circuit Court from the Commonwealth of Virginia for Technology Trust
Funds
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
RESOLUTION 042721-5.a APPROVING THE ROANOKE
VALLEY RESOURCE AUTHORITY BUDGET FOR THE FISCAL
YEAR 2021-2022
WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use
Agreement provides that the Authority shall prepare and submit its operating budget for
the forthcoming fiscal year to the Board of Supervisors of the County, the City Council of
the City of Roanoke and the Town Council of the Town of Vinton; and
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WHEREAS, the Chief Executive Officer of the Roanoke Valley Resource
Authority has submitted the fiscal year 2021-2022 budget of the Roanoke Valley
Resource Authority for approval.
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA that the fiscal year 2021-2022 budget for the
Roanoke Valley Resource Authority, is hereby approved, and the County Administrator
and the Clerk are authorized to execute and attest respectively, on behalf of the County,
any documentation, in form by the County Attorney, necessary to evidence said
approval.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
RESOLUTION 042721-5.b APPROVING THE ROANOKE
REGIONAL AIRPORT COMMISSION BUDGET FOR FISCAL
YEAR 2021-2022
WHEREAS, Section 24.B of the Regional Airport Commission Act and Section
17.(a) of the contract between the City of Roanoke, Roanoke County, and the Roanoke
Regional Airport Commission provides that the Commission shall prepare and submit its
operating budget for the forthcoming year to the Board of Supervisors of the County and
City Council of the City; and
WHEREAS, by report dated March 23, 2021, a copy of which is on file in the
office of the Clerk of the Board, the Executive Director of the Roanoke Regional Airport
Commission has submitted a request that the County approve the fiscal year 2021-2022
budget of the Roanoke Regional Airport Commission.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia that the fiscal year 2021-2022 budget and proposed capital
expenditures for the Roanoke Regional Airport Commission as set forth in the March
23, 2021, report of the Commission Executive Director, a copy of which is incorporated
by reference herein, is hereby APPROVED, and the County Administrator and the Clerk
are authorized to execute and attest, respectively, on behalf of the County, any
documentation, in form approved by the County Attorney, necessary to evidence said
approval.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
North and carried by the following recorded vote:
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AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
A-042721-5.c
A-042721-5.d
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Mr. William Skaff of 4815 Farmington Place Court read the following.
The Tenuous Future of Suburban Life in Roanoke County—
Biden’s Infrastructure Bill and Roanoke County’s Reimagine Plans
I would like to begin by presenting to the Board brief excerpts from the article by
Stanley Kurtz in the National Review for April 7, “Biden’s Infrastructure Bill Aims
to End Single-Family Zoning”:
“Now that he’s president, Biden’s infrastructure bill openly includes programs
designed to ‘eliminate’ single-family zoning (which Biden calls ‘exclusionary
zoning’). . . . According to the fact sheet released by the White House, ‘Biden is
calling on Congress to enact an innovative new competitive grant program that
awards flexible and attractive funding to jurisdictions that take concrete steps to
eliminate \[‘exclusionary zoning’\].’ In other words, Biden wants to use a big pot of
federal grant money as bait. If a county or municipality agrees to weaken or
eliminate its single-family zoning, it gets the federal bucks.
“The wildly overreaching Obama-Biden era Affirmatively Furthering Fair Housing
(AFFH) regulation—which Biden has pledged to revive—works in a similar
fashion. The difference is that by adding another gigantic pot of federal money to
the Community Development Block Grants that are the lure of AFFH, Biden
makes it that much harder for suburbs to resist applying \[and\] to protect their
right to self-rule. . . .
“The trick is that once a jurisdiction accepts a HUD grant, it has to sign a
statement promising to ‘affirmatively further fair housing.’ Now that Biden is going
to revive the old Obama-Biden AFFH rule, that pledge can be used by activist
non-profits or the administration itself to sue localities for failing to meet the
outrageously expanded definition of that term set forth in Obama’s AFFH. . . .
“Biden and the Democrats are working overtime to undermine the federalist
system in which zoning and education are local concerns. In each case—housing
and education—the plan is the same: use federal grants to hook states and
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localities into conditions that will effectively override their authority. . . . This time,
the GOP ought to get smart and expose Biden’s ‘infrastructure’ bill as the anti-
suburban zoning bill it in fact is, . . . a hammer to smash your way of life.”
Compare the strategy of the Roanoke County Planning Department to use the
Reimagine plans to propagate density—specifically, acquire funding from outside
the County, with accompanying obligations, to change existing zoning and
development ordinances to encourage and accommodate density development,
even where zoning currently allows. In the Department’s deceptive spin: “We
continue to hear interest about how Roanoke County’s regulations could make it
easier for business owners or developers to design to the plan’s mixed-use,
higher density vision. Roanoke County has applied for state funding for technical
assistance for the review of existing ordinances and the creation of a new design
strategy.” (Roanoke County’s 419 Town Center Plan, Implementation Update,
Spring 2021)
Is the next step Mr. Biden’s Community Development Block Grants with the
punitive Affirmatively Furthering Fair Housing regulation requiring the surrender
of local control of zoning ordinances? Is the state funding that the County has
already requested subject to AFFH?
Neither Mr. Biden nor Mr. Thompson will stop until they have fully implemented
their density goals in the built environment. Planners, whether on the national or
local level, to one degree or another, tend to be totalitarians. They believe that
they know better than the rest of us how we should live, and intend that our life
conform to their plan. May I respectfully ask that you stop them, and preserve
what is distinctive and desirable in Roanoke County.”
IN RE: REPORTS
Supervisor Peters moved 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, North, Radford, Peters
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of March
31, 2021
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of March 31, 2021
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5. Accounts Paid – March 31, 2021
6. Statement of Treasurer's Accountability per Investment and Portfolio
Policy as of March 31, 2021
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Hooker she has a couple of quick items. First was the
opportunity a couple of weeks ago to go to the Masons Cove area and meet with
citizens there. She really appreciates the hard work of staff to make this possible. We
had the opportunity to communicate what was going on with RVRA and a few other little
issues. We also had some good dialog with citizens from Montgomery County. Also,
thank you for the hard work staff and Board has put together to allow this funding of
over $3 million to go to rural broadband. She is really encouraged that we have such
broad support for this needed utility. She wishes it could be done quickly. She thinks
with everything that is going on and the need for the continued build that it is going to
take longer than any of us would like. She thinks our action today with appropriating
those monies indicates our desire to get this done.
th
Supervisor North stated yesterday, April 26, he spoke along with
Chairman Peters at the Lewis Gale Medical Center Blue Hills Emergency ground-
breaking at Rt. 460 and West Ruritan Road in the Hollins District. This will be a similar
facility like the one down the road here on Rt. 419 in the Tanglewood area and will
provide all the full services of an emergency room. Employee is targeted at around 30
plus people and the completion should be in January of 2022. It will probably be a lot
colder than it was yesterday. It was good to see a lot of folks we haven’t seen in awhile.
In addition and in support of this economic development along the Rt. 460 corridor,
several transportation projects at West Ruritan Road and between Carson and
Huntridge Road supported by future VDOT SmartScale funding coupled with funding
from the federal level and sponsored by the Roanoke Valley Alleghany Regional
Commission, of which Roanoke County is one of the members. All total up to $9.2
million, which will help with the traffic sequencing and safety in this corridor and
compliments this economic growth of both the Lewis Gale facility and other growth in
that area coming in the near future. This will just enhance the attractiveness of our
economic development and business growth. On another positive note, local sales tax
revenues as noted from our meeting package are up $467 or 5.4% over last year at this
time as our local economy gains an upward momentum from the pandemic shutdown.
He knows our County businesses are welcoming this although they are challenged with
finding workers at many locations.
Supervisor Radford congratulated the Hidden Valley Cross Country team
for finishing second in the State final that was held this previous past weekend. It holds
true to his heart, his daughter has been on that team before and they actually brought
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back a State championship. The coach is still there and is working hard, especially with
COVID going on right now. It is just an extra measure.
Supervisor Mahoney stated he would like to recognize the Cave Spring
High School cheer squad. Two weekends ago that came in second in the State finals.
They did very well and he has an email from their coach, Jen McDaniel Cole, who
indicated they have been in the State championships for the last 11 seasons. They
placed in the top two in the past 8 years. They won three State championships and five
runner-ups. He does have a list of the student athletes and will work with the Clerk for
recognition. Second place in the State isn’t bad. He does want to recognize them, it
has been a tough year and with our student athletes out there still able to participate, he
thinks is a very positive step for all those young people and shows the quality of what
we have going on in Roanoke County Public Schools.
Supervisor Peters complimented the schools for getting things back open,
athletes back on the field and doing what they love to do. He then thanked our staff, it
has been a rough year, we have one budget that we are putting together this year and
hopefully it will be the only budget. He thinks as you look around the valley, there are
signs of everything coming back to life as Supervisor North alluded to earlier; a
groundbreaking for new facilities and thinks the best is yet to come. He is looking
forward to the rest of this year and even into next year.
rd
Chairman Peters recessed to the 3 floor at 4:30 p.m. for work session.
IN RE: WORK SESSIONS
1. Work session to discuss the update to the County's
Comprehensive Plan with the Board of Supervisors (Philip
Thompson, Director of Planning)
Mr. Thompson provided a PowerPoint presentation.
Supervisor Mahoney stated he read the article about the Franklin County
solar initiative. Do you think under our zoning ordinance that would be a major or minor
utility? Mr. Thompson stated he would be major; but still require a special use permit. It
is very similar to when we had the wind energy facilities and our ordinance did not
address so then we went through the process of amending our ordinance to actually
deal with that particular issue. There is still not anything regarding that in our comp
plan.
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Supervisor North stated solar panels in schools that are located in flat
areas; we have some schools that have better exposure to the energy in the sky than
others. Solar panels in schools could mitigate energy costs at that particular school.
Mr. Thompson advised he had been to Atlanta and solar is above the parking; you have
a big parking lot and then the solar is above it. It is space that is was just asphalt. Our
ordinance allows for more of the residential use, but there is no commercial unless you
put it on a building. Supervisor North stated when you are looking into that not sure
what the arrangement is with the other towers. Mr. Thompson stating going forward
there will be the charging stations.
Supervisor North stated he liked the idea of riding around each district with
the Planning Commission.
Supervisor Hooker stated she has not yet seen anything about
neighborhood meetings. We used to rely on neighborhood groups. Is it due to COVID
that they are less functioning or is that something that is still on the table. Mr.
Thompson stated we can look at those meetings. There are two issues, one the ZOOM
part is okay, the other is where to hold them. Supervisor Hooker stated you could do
them in parks. Mr. Thompson advised they are looking at every option they can.
Supervisor Radford when looking forward, are there any lessons learned if
we look back, i.e. we are looking at the Blue Ribbon Committee in 1996 for the schools.
Mr. Thompson responded when Bailey Howard-Dubois and Alex Jones prepare reports
they do look backward.
Supervisor North stated when talking about housing development like
Fralin’s in Hollins, which should help Mountain View and has lower attendance than it
used to and then you look at Masons Cove, the same thing. So, one of the questions is
with 1,000 single family units needed in the Roanoke County, where are those going to
be in the next ten years that we know of and where are the recommended locations that
have not begun to be developed. Mr. Thompson pointed out Mr. Fralin’s development
and the one near Ingersoll Rand need road improvements and there are also
connecting roadways. Water and sewer extensions will also be needed to allow those
developments. Supervisor North states another thing to look at is population growth as it
relates to school students. We know because of the future subdivisions, there is going
to be more students generated. Whatever an astute forecaster can project, his
information can be shared. We are talking about doing out-year forecasting and he
does not know if the schools are doing out-year ADM forecasting, but he certainly thinks
that is something that someone in the United States id doing, because you cannot build
the future if you don’t anticipate what the projected ADM population may be.
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He thinks they do some out numbers, but Weldon Cooper may have a better idea. The
bottom line, there needs to be an increase in buris to feed the existing area. What we
talking about is twenty-year planning and we do not know what the population will be in
twenty years; we have estimates and the same holds true for school ADMs. Mr.
Thompson advised that is part of the challenge, you make assumptions and go down
that path and then the whole dynamic changes.
Supervisor Peters added that everybody talks about adding 1,000 homes,
but that does not mean you are going to have children. He does not seeing it
replenishing the ADM.
Supervisor Radford stating people are moving from California, Texas and
New York here. Supervisor Peters stated but that does not mean they have children.
Supervisor Radford stated but they are still coming to our County. He indicated back to
lessons learned, he would like to know who much did we increase sewer and water
lines in 1997. He was on that committee and the Water Authority was not established
yet. We looked at topography where we thought growth was going to occur.
Supervisor Hooker stated we were wrong.
Supervisor Radford stated he would like know, for example, the School
Board bought that property out there, Poage’s Mill. It is a dead duck right now. We
never took the sewer or water out there. It stopped at Cotton Hill. Mr. Thompson stated
we had plans to take it to Poage’s Mill. Mr. Thompson advised he believes the Water
Authority is in the process of updating their master plan. He and Ms. Loope have had
conversations with them on their process. They have looked at our zoning. He does
think that is part of the conversation; the water authority has so much money built into
their budget to do certain projects, the question becomes if the County itself wants to
make certain projects move forward; are you willing to put money in the CIP to pay for
that line extension.
Supervisor Peters advised the answer is yes, we need to put money in
there, especially if we are going to go through the exercise of wanting to see the
development go in a certain direction and part of that is water and sewer. It is going to
help us not be wrong the next time.
Supervisor Hooker stated she would like to see us do it in partnership and
she would agree.
Supervisor Peters stated he was looking at a revenue sharing agreement
with the Water Authority so it is not just us.
Supervisor Radford stated he just met with the Water Authority with the
Home Builders Association. The Water Authority does not have any capital to do
expansion. We, the localities, have to put the money into it to expand it and if shared,
the problem is we are still in our own little county. The Water Authority is the
management; if we want to grow it in our county then we have to put the money in.
Supervisors North, Peters, Radford all commented they like the 200
brand.
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The work session was held from 4:45 p.m. until 5:33 p.m.
2. Work session to discuss rural Broadband progress and planning
with the Board of Supervisors (Bill Hunter, Director of
Communications and Information Technology)
Mr. O’Donnell provided an overview and Mr. Hunter provided a
PowerPoint presentation.
Supervisor North asked how many miles were covered and are we going
to back and see how many signed up. Mr. Hunter advised he would get the miles and
the take rate. Supervisor North then asked for the percentage of marketshare gain.
The work session was held from 5:36 p.m. until 6:20 p.m.
IN RE: ADJOURNMENT
Chairman Peters adjourned the meeting at 6:21 p.m.
Submitted by: Approved by:
________________________ ___________________________________
Deborah C. Jacks P. Jason Peters
Chief Deputy Clerk to the Board Chairman
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