9/21/2021 - Regular - DRAFT
September 21, 2021
545
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 September 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 3:02 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: BRIEFINGS
1. Briefing to introduce Frank Maguire, Greenway Coordinator, to
the Board of Supervisors (Doug Blount, Director of General
Services and Parks, Recreation and Tourism)
Mr. Blount introduced Mr. Maguire who was welcomed by all Supervisors.
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IN RE: NEW BUSINESS
1. Resolution approving Memorandum of Understanding among the
City of Roanoke, Town of Vinton, County of Roanoke, County of
Botetourt, World Triathlon Corporation and Roanoke Valley
Convention and Visitors Bureau regarding the 2022-2023
IRONMAN 70.3 Race support services (Mary Beth Nash, Senior
Assistant County Attorney)
Ms. Nash outlined the request for resolution.
Supervisor Radford inquired if we knew what percentage the bike route on
the Parkway was? Ms. Nash responded it was not outlined in the MOU; but knows it is
a 50 mile bike race. Supervisor Radford responded in the affirmative stating it is 57
miles, but only a short section that is on the Parkway.
Supervisor North asked if the route has been secured with Ms. Nash
responding she believed the parties are awaiting approval from the National Park
Service.
Supervisor North inquired who represents us on this agreement with Mr.
O’Donnell responding we have a team of people from Police, Fire and Rescue, Parks,
Recreation and Tourism that work out the final route and what kind of safety precautions
have to be put in place.
RESOLUTION 092121-1 APPROVING MEMORANDUM OF
UNDERSTANDING AMONG THE CITY OF ROANOKE, TOWN
OF VINTON, COUNTY OF ROANOKE, COUNTY OF
BOTETOURT, WORLD TRIATHLON CORPORATION AND
ROANOKE VALLEY CONVENTION AND VISITORS BUREAU
REGARDING THE 2022 AND 2023 IRONMAN 70.3 RACE
SUPPORT SERVICES
WHEREAS, the Board of Supervisors desires to authorize the County
Administrator to execute a Memorandum of Understanding among the City of Roanoke,
World Triathlon Corporation, Roanoke Valley Convention and Visitor’s Bureau, Counties
of Roanoke and Botetourt and the Town of Vinton for the Carilion Clinic Ironman 70.3
Triathlon to be held on June 5, 2022 and June 4, 2023, respectively., in cooperation
with Carilion Clinic, the main sponsor of the event.
THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of the County of
Roanoke as follows:
1. The Board of Supervisors hereby authorizes the County Administrator to
execute a Memorandum of Understanding among the City of Roanoke, World Triathlon
Corporation (“WTC”), Roanoke Valley Convention and Visitor’s Bureau, Counties of
Roanoke and Botetourt, and the Town of Vinton for the Carilion Clinic Ironman 70.3
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Triathlon to be held on June 5, 2022 and June 4, 2023, respectively., in cooperation
with Carilion Clinic.
2. The Roanoke Valley Convention and Visitor’s Bureau d/b/a Visit Virginia’s
Blue Ridge (“VVBR”), has agreed to provide support for the Event, consisting of limited
financial support, staff housing and facilitation services, in consideration for WTC
selecting the Roanoke Valley as the location for the Event.
3. The County Administrator is authorized to execute on behalf of the
County, in a form approved by the County Attorney, the aforementioned Memorandum
of Understanding (“MOU”), such MOU to be substantially similar to the MOU attached
hereto.
4. The County Administrator is further authorized to take such further actions
and execute such further documents, approved as to form by the County Attorney, as
may be necessary and to accept such MOU.
On motion of Supervisor North to adopt the resolution, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
2. Resolution requesting the Roanoke Valley Transportation
Planning Organization fund a list of projects for the Fiscal Year
2023-2028 Surface Transportation Block Grant Program (Megan
G. Cronise, Transportation Planning Administrator)
Ms. Cronise provided a PowerPoint presentation outlining the projects.
Supervisor North commented it was a good list of projects.
Supervisor Hooker asked with regard to the project specific to the
sidewalks on West Main Street. So we have a section on the south side and a section
on the north side of Main Street for sidewalks, and she is just curious why they didn't do
it all on one side, complete one side before they went to the other.
Ms. Cronise responded what we wanted to do with the way that it is
currently configured is to be able to provide a continuous improvement from the City of
Salem using the existing sidewalk that's on the ground to get all the way to Technology
Drive, with those pedestrian crosswalks and signals in the middle. So you can safely
cross to the south side and continue that trip instead of just doing one side, and we
wanted to make sure the pedestrian signals were included with this piece as well. So it
does look a little odd, but that's why. There was no further discussion.
RESOLUTION 092121-2 REQUESTING THE ROANOKE VALLEY
TRANSPORTATION PLANNING ORGANIZATION FUND A LIST
OF PROJECTS FOR THE FISCAL YEAR 2023-2028 SURFACE
TRANSPORTATION BLOCK GRANT PROGRAM
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WHEREAS, the Roanoke Valley Transportation Planning Organization reviews
applications for funding through the Surface Transportation Block Grant Program
(formerly Regional Surface Transportation Program) and makes recommendations for
project funding to the Commonwealth Transportation Board; and,
WHEREAS, the Roanoke County Board of Supervisors supports the list of
projects for Surface Transportation Block Grant Program funding.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia requests the Roanoke Valley Transportation Planning
Organization fund the following list of projects for the Fiscal Year 2023-2028 Surface
Transportation Block Grant Program:
1. Walrond Drive Multimodal Improvements,
2. Chaparral Drive Pedestrian Improvements,
3. Washington Avenue Corridor Study,
4. West Main Street Pedestrian Improvements, Phase 3,
5. Match funding for I-581 at Exit 2 (Peters Creek Road) Interchange
Improvements,
6. Match funding for Route 460 at Alternate Route 220 Intersection
Improvements, and
7. Match funding for improvements identified in the Route 419/Electric Road
Study from Route 11/Apperson Drive to Bower Road.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
3. Resolution supporting an application for $1,300,000 of matched
transportation funding through the Virginia Department of
Transportation (VDOT) Fiscal Year 2023 and 2024 Revenue
Sharing Program (Megan G. Cronise, Transportation Planning
Administrator)
Ms. Cronise provided a PowerPoint presentation outlining the project
Supervisor Hooker stated this is in her district and it's a very dangerous
area. She advised she is a little curious about how many accidents there have been
over the years and think people are used to it, but it's still very, very dangerous. She
would suspect that there hasn't been a lot in recent history. It still scares me every time
she goes through it. It's dangerous, so she is really pleased that we're moving forward
with this. And then my other question is, from what I understood, what I saw on the
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PowerPoint, it looks like we're not really going to be putting any construction, on the
ground construction until 2027, 2028. Is that what I read correctly?
Ms. Cronise responded she has not really heard much in terms of crash
data and thinks when the stop signs were installed to get people to the point where they
could see better, then that solved a lot of some of those potential accidents, but we can
take a look at that. Ms. Cronise continued advising the first phase of construction is
with the soil nail wall and the modular block wall, and can be accomplished with the
funding that we currently have on the project. Her concern that she expressed to VDOT,
is that is going to be a lot of construction and a lot of disturbance for the residents, for
them to not see any change. It's going to keep the road from falling in the creek.
Supervisor Hooker responded which is good, with Ms. Cronise stated it is great, but it's
not going to make the road any wider, but it will make it safer. So, what we need this
additional funding is to be able to complete that double-box culvert, 130 foot long
installation, so that the road can be widened, so that we can have two-way traffic. We
can accommodate trucks and school buses and cars, at the same time under the
historic railroad trestle over the creek. Supervisor Hooker stated she thinks it looks like
an excellent plan, but the box culverts will not be installed for several years. Ms.
Cronise responded staff is not sure yet. One of the things she has talked with VDOT
about is if we can have our money sooner, which we can in 2025, if CIP, if we fund it
that way, then my hope is that we can appeal to VDOT to say, "We are going to have
our money sooner than it can be available in 2027 and 2028. Can we keep this project
on track? Can we get to construction? If not in 2023, then maybe shortly there
thereafter. So, we have a strategy to try and get it done sooner.
Supervisor Peters stated you know what he is going to say, “OPM”, other
people’s money is where he likes to go. So, is there still some hope that we won't have
to put $1.3 million in over three year period, if we get some surplus funds from VDOT to
the district, that we might be able to go to and ask for those, is that a possibility
downstream? Ms. Cronise responded, she has been asking about that over the last few
months and the challenge with it is that this project has all state funds on it. A lot of the
funding that is coming to the district is federal, so it doesn't fit for this project. We do not
want to federalize this project, it will become much, much more expensive. It is good
that it is State funding only, and she will continue to try.
Supervisor Peters stated so basically, we are going to put in our CIP, the
prorated amount for three years, $1.3 million. Ms. Cronise stated it would be the entire
allocated CIP for those three years.
Supervisor Radford stated as a follow-up to Supervisor Hooker’s concern
about doing the work and not seeing a whole lot done. He has been out that road a lot
and the biggest problem is the weight of the concrete trucks with that ruble wall that isn't
there. So I think that if we could get that repaired and put something stabilized, even
though you don't see it that would help the risk insurance for people that we build for.
He added that also, he does not think we can get a roof truss truck long enough to get
around the curve, so we are having to look at different methods to get material up there.
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So it is a problem with the narrowness, but I think the temporary fix is going to be
needed, and he likes that idea and then the box culverts make good sense. I think that's
good. There was no further discussion.
RESOLUTION 092121-3 SUPPORTING AN APPLICATION FOR
$1,300,000 OF MATCHED TRANSPORTATION FUNDING
THROUGH THE VIRGINIA DEPARTMENT OF
TRANSPORTATION FISCAL YEAR 2023 AND FISCAL YEAR
2024 REVENUE SHARING PROGRAM
WHEREAS, the Board of Supervisors has previously committed Revenue
Sharing and Secondary Six-Year Improvement Program funding to the Dry Hollow Road
Safety Improvements Project; and
WHEREAS, the Virginia Department of Transportation (VDOT) is administering
the project to reinforce the roadway against Dry Hollow Creek and to widen the roadway
to two lanes under the Norfolk Southern railroad trestle; and
WHEREAS, a deficit has been identified by VDOT that requires additional project
funding; and
WHEREAS, the Board of Supervisors desires to submit an application for an
allocation of additional funds of up to $1,300,000 through the VDOT Fiscal Year 2023
and Fiscal Year 2024 Revenue Sharing Program.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board of Supervisors hereby supports this application for
allocation of $1,300,000 through the Virginia Department of Transportation
Fiscal Year 2023 and Fiscal Year 2024 Revenue Sharing Program.
2. If such funds are approved by the Commonwealth, the Board of
Supervisors will consider the required matching funding appropriation
during the Fiscal Year 2023, Fiscal Year 2024 and Fiscal Year 2025
budget processes.
3. The Board of Supervisors hereby grants authority for the County
Administrator, or his designee, to execute project agreements for the
approved Revenue Sharing project for Fiscal Year 2023 and Fiscal Year
2024.
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
Peters and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
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IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION
1. Public Hearing and Resolution requesting the Commonwealth
Transportation Board fund a Transportation Alternatives Set-
Aside Program project in fiscal years 2023 and 2024 for the Glade
Creek Greenway in Vinyard Park West (Megan G. Cronise,
Transportation Planning Administrator)
Ms. Cronise provided a PowerPoint presentation to outline the projects.
Supervisor Mahoney stated, in the draft resolution, he believes it's page
80 in our agenda in the second whereas, it talks about non-motorized travel choices.
Last board meeting we were talking about e-bikes on greenways, and since this is a
Federal money and State money, do they look at e-bikes as being non-motorized? He
does not want to make a mistake. He does not want to reopen the whole fight over e-
bikes, but does not want to inadvertently, stub our toes on an issue that maybe a
different level of government might look at e-bikes differently than how we are looking at
them. Have you or your staff looked at any of the regulations or the guidelines? Ms.
Cronise stated staff did look at that last summer; the State did allow all classes of e-
bikes everywhere, as of last July 1st, and that's in 2020. So I believe, and Doug may
need to help me, but if we do not pass any regulations that change that, they are still
allowed to be everywhere within the County. As she understands it, e-bikes, by the
state, have been singled out to be non-motorized, so we should be fine.
Frank McGuire, Greenway Coordinator responded to the e-bike question.
So far the federal regulations have had treated it as a consumer product as opposed to
a vehicle, and so they're treating them as the same as a bicycle. The Virginia laws on
the classes of reauthorizing the three different classes of, all e-bikes be treated as
bicycles under the vehicle code, falls under the same thing, so, so far the guidance from
federal highways is that they are to be treated as bicycles. There was no further
discussion.
RESOLUTION 092121-4 REQUESTING THE COMMONWEALTH
TRANSPORTATION BOARD FUND A TRANSPORTATION
ALTERNATIVES SET-ASIDE PROGRAM PROJECT IN FISCAL
YEARS 2023 AND 2024 FOR THE GLADE CREEK GREENWAY
IN VINYARD PARK WEST IN THE VINTON MAGISTERIAL
DISTRICT OF ROANOKE COUNTY, VIRGINIA AND IN THE
TOWN OF VINTON, VIRGINIA
WHEREAS, in accordance with the Commonwealth Transportation Board
construction allocation procedures, it is necessary that a request by resolution be
received from the local government or state agency in order that the Virginia
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Department of Transportation (“VDOT”) establish a Transportation Alternatives Set-
Aside project to be administered by Roanoke County; and
WHEREAS, the proposed Glade Creek Greenway at Vinyard Park West meets
the goals of the Transportation Alternatives Set-Aside Program by providing a
pedestrian and bicycle facility that will expand non-motorized travel choices, strengthen
the local economy, improve quality of life and protect the environment; and
WHEREAS, the Glade Creek Greenway is included in the 2018 Roanoke Valley
Greenway Plan, which was adopted by the Board of Supervisors on September 25,
2018, as an amendment to the Comprehensive Plan; and
WHEREAS, a public hearing was held on September 21, 2021, to receive public
comment on the proposed Glade Creek Greenway through Vinyard Park West.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Roanoke County Board of Supervisors requests that the
Commonwealth Transportation Board provide funding for the Glade Creek Greenway
through Vinyard Park West, located in both Roanoke County and in the Town of Vinton.
2. That the Roanoke County Board of Supervisors hereby commits to
provide a minimum twenty percent (20%) matching contribution for this project and any
additional funds necessary to complete the project.
3. That the Roanoke County Board of Supervisors hereby agrees to enter
into a project administration agreement with VDOT and provide the necessary oversight
to ensure the project is developed in accordance with all state and federal requirements
for design, right of way acquisition, and construction of a federally funded transportation
project.
4. That the Roanoke County Board of Supervisors will be responsible for
maintenance and operating costs of any facility constructed with Transportation
Alternatives Set-Aside funds unless other arrangements have been made with VDOT.
5. That if the Roanoke County Board of Supervisors subsequently elects to
cancel this project, the Roanoke County Board of Supervisors hereby agrees to
reimburse VDOT for the total amount of costs expended by VDOT through the date
VDOT is notified of such cancellation. The Roanoke County Board of Supervisors also
agrees to repay any funds previously reimbursed that are later deemed ineligible for
such use by the Federal Highway Administration.
6. That the Roanoke County Board of Supervisors hereby grants authority for
the County Administrator, or his designee, to execute project agreements for an
approved Transportation Alternatives Set-Aside project for Fiscal Years 2023 and 2024.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
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553
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of the Economic Development Authority of Roanoke
County to rezone approximately 30.5 acres from AR,
Agricultural/Residential, District, to I-2, High Intensity Industrial,
District, located at 5832 West River Road, Catawba Magisterial
District
Supervisor Hooker’s motion to approve the first reading and set the
second reading for October 5, 2021, was seconded by Supervisor Mahoney and
approved by the following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the issuance of not to exceed $22,440,000
General Obligation School Bonds of the County of Roanoke,
Virginia, to be sold through the Virginia Public School Authority
(VPSA) (Rebecca Owens, Assistant County Administrator)
Ms. Owens outlined the request for ordinance. Supervisor North inquired
as to whether the bond rates were from 6 to 8 with Ms. Owens responding affirmatives.
Supervisor Peters asked if they would be 20 year bonds with Ms. Owens responding 20
year bonds for the schools, we do a level principal, is how we actually structure that
debt, level principal payments. There was no further discussion.
Supervisor Peters motion to approve the first reading and set the second
reading for October 5, 2021, was seconded by Supervisor North and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
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2. Ordinance authorizing the granting of a new twenty-foot (20’)
sanitary sewer easement for residential development to the
Western Virginia Water Authority on property owned by the
Roanoke County Board of Supervisors, located on Crossbow
Circle (Route 1290) near Elk Hill Drive (Route 1294), Cave Spring
Magisterial District (Tarek Moneir, Director of Development
Services)
Mr. Moneir outlined the request for ordinance. There was no discussion.
Supervisor Mahoney’s motion to approve the first reading and set the second reading
for October 5, 2021, was seconded by Supervisor Radford and approved by the
following vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: PUBLIC HEARING
1. Public hearing to receive citizen comments regarding a proposed
amendment to the fiscal year 2021-2022 budget in accordance
with Code of Virginia Section 15.2-2507 (Laurie Gearheart,
Director of Finance and Management Services)
Ms. Gearheart outlined the request. There was no discussion.
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 $11,465,194.98 in
additional COVID-19 Grants for Roanoke County Public Schools
(Rebecca Owens, Assistant County Administrator)
Ms. Owens advised no changes since first reading on September 7, 2021.
There was no discussion.
ORDINANCE 092121-5 ACCEPTING AND APPROPRIATING
$11,465,194.98 IN ADDITIONAL COVID-19 GRANTS FOR
ROANOKE COUNTY PUBLIC SCHOOLS
WHEREAS, additional federal support was awarded to the Roanoke County
Public Schools from the Coronavirus Response and Relief Supplemental Appropriations
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Act approved December 2020 and from the American Rescue Plan Act approved March
2021; and
WHEREAS, Roanoke County Public Schools received an allocation of these
funds in the amount of $987,000 from the Coronavirus Response and Relief
Supplemental Appropriations Act; and
WHEREAS, an allocation of funds from the American Rescue Plan Act in the
amount of $10,478,194.98 was received; and
WHEREAS, Roanoke County Public Schools intends to use these funds to
address current capital maintenance projects related to prevention and mitigations
strategies, address student mental health needs and address unfinished learning; 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 September 7, 2021,
and the second reading was held on September 21, 2021.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $11,465,194.98 is accepted and appropriated to the
Roanoke County Public Schools’ Grant Fund.
2. 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
Radford and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
2. Ordinance authorizing the acquisition of permanent and
temporary easements on property located at 2870 Riverview Road
(Tax Map No. 071.03-01-03.00-0000) for development of the
Roanoke River Greenway, Vinton Magisterial District (Doug
Blount, Director of General Services and Parks, Recreation and
Tourism)
Mr. Blount advised no changes since the first reading held on September
7, 2021. There was no discussion.
ORDINANCE 092121-6 AUTHORIZING THE ACQUISITION OF
PERMANENT AND TEMPORARY EASEMENTS ON PROPERTY
LOCATED AT 2870 RIVERVIEW ROAD (TAX MAP NO. 071.03-
01-03.00-0000) FOR DEVELOPMENT OF THE ROANOKE RIVER
GREENWAY IN THE VINTON MAGISTERIAL DISTRICT
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WHEREAS, the Roanoke River Greenway is a regional bicycle and pedestrian
trail developing through the Roanoke Valley, linking the Cities of Roanoke and Salem,
the Town of Vinton, and Roanoke County; and
WHEREAS, in 2018, the Roanoke Valley Greenway Commission made the
Roanoke River Greenway its number one priority in the update to the Roanoke Valley
Greenway Plan; and
WHEREAS, the Roanoke County Comprehensive Master Plan for Parks and
Facilities identifies the development of greenways and trails as a high priority desired by
citizens in Roanoke County; and
WHEREAS, Roanoke County is overseeing the design and construction of the
Roanoke River Greenway proposed between Roanoke City and Highland Road in the
Vinton Magisterial District; and
WHEREAS, Pathfinders for Greenways, Inc. acquired permanent and temporary
easements for the greenway on property located at 2870 Riverview Road (Tax Parcel
Number 071.03-01-03.00-0000) on January 21, 2020, with the intent to transfer the
permanent and temporary easements to Roanoke County sometime thereafter for
purposes of building and maintaining the greenway, upon approval by the Roanoke
County Board of Supervisors; and
WHEREAS, Pathfinders for Greenways, Inc. has agreed to donate the temporary
and permanent easements to Roanoke County; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on September 7, 2021, and the second reading
was held on September 21, 2021.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the acquisition of permanent and temporary easements on property
located at 2870 Riverview Road (Tax Map No. 071.03-01-03.00-0000) as
shown on the attached plat titled, “Greenway Easement Over Tax Parcel ID
#71.03-01-03 Vinton Magisterial District, Roanoke County,” dated January 18,
2019 prepared and sealed by Christopher B. Kaknis, is hereby authorized and
approved.
2. That the County Administrator or Assistant County Administrator are hereby
authorized to execute the deed and any other incidental documents required
for the acquisition and to take such actions on behalf of the County of
Roanoke in this matter as are necessary or desirable to accomplish the
acquisition, all of which shall be approved as to form by the County Attorney.
3. That this ordinance is to be in full force and effect upon its passage.
On motion of Supervisor North to adopt the ordinance, seconded by Supervisor
Peters and carried by the following recorded vote:
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557
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCE
1. Ordinance amending Roanoke County Code Chapter 15 for Parks
and Recreation (Doug Blount, Director of General Services and
Parks, Recreation and Tourism)
Mr. Blount advised since first reading, there have been two changes. The
first that we had significant amount of discussion about e-bikes at the last board
meeting, we did reach out to our other jurisdictions in the area, specifically with
Roanoke City. They have not placed any restrictions and allow all three type of e-bikes
and actually have not had any significant issues with this since they had changed their
park ordinance to allow them. So our recommendation to you is to allow all three types
so it's consistent with Roanoke City, as well as with the city of Salem and then should
we have any issues with e-bikes, we can also address it once our green waste system
is connecting to the other jurisdictions in the future. The second change was, and this
was an administrative error on my part. Our policy in the ordinance should be that
county parks closed one-half hour before sunset, and not after sunset. So that our
citizens know when it is dark, they should not be in our parks. In comparison, I went
back and looked at other jurisdictions as compared to Roanoke City, their park are open
until 11:00 PM daily. We will continue to allow our parks that have athletic field sports
lighting to be open until 11 o'clock, but only those facilities with the athletic lighting.
Otherwise, it will be 30 minutes before sunset.
Supervisor Hooker stated she has some concerns about the faster e-bike
on the Greenway, and with the significant amount of pedestrian traffic that is on the
Greenway. She feels like it could be dangerous, but is willing to go ahead and comply
with the suggestion, and let's see if it's a problem, and then come back and look at it
again. If it is, I think that they go 28 miles an hour. Is that correct,
Supervisor Radford stated that's their maximum speed, and you're right to
be concerned about that. In other jurisdictions, the way they've dealt with it is to impose
a speed limit. Now that's obviously difficult to enforce.
Supervisor Mahoney stated he just wanted to note do we have radar
detectors in the budgets for parks and recreation because they may need to enforce
this. Hopefully it won't be an issue.
Supervisor Radford noted we do have a lot of citizens that are very active
users of our park system. They also will reach out and communicate with us and if we
determine that we have a challenge, then it's something that we certainly can come
back and have a discussion about.
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Supervisor Mahoney stated he shared Supervisor Hooker's concerns.
When I've been on the Greenway with my granddaughter, all too often, He sees the
guys with their $3,000 racing bikes and their spandex, and those are not e-bikes and
they are flying and he has seen many instances where they've just avoided hitting other
citizens. So he is concerned when we add this use, it's just going to make it worse but it
is the future. He has several friends who purchased e-Bikes and that's what's
happening so he thinks we have to monitor it to see if we do have issues. We do have
conflicts and we might have to come back and revisit this in the future, absolutely.
Chairman Peters opened and closed the public hearing with no citizens
speaking on this agenda item.
There was no further discussion.
ORDINANCE 092121-7 AMENDING ROANOKE COUNTY CODE
– CHAPTER 15 FOR PARKS AND RECREATION
WHEREAS, Chapter 15 of the Roanoke County Code, otherwise referred to as
the “Park Ordinance”, was established in 1989 in order to regulate conduct in Roanoke
County’s public parks; and
WHEREAS, an update to the Park Ordinance is necessary in order to reflect the
many changes in outdoor recreation which have occurred, including development of the
Roanoke Valley Blueways, Greenways, Adventure Plan for Explore Park, and the
increased popularity of bicycling in many forms throughout Roanoke County’s park
system; and
WHEREAS, County staff have worked with citizens, stakeholders, and the Parks,
Recreation and Tourism Advisory Commission on proposed amendments to the Parks
Ordinance; and
WHEREAS, County staff have proposed numerous amendments to each article
of the Park Ordinance; and
WHEREAS, the first reading of this ordinance was held on September 7, 2021,
and the second reading was held on September 21, 2021.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that the Roanoke County Code is hereby amended to read and
provide as follows:
Chapter 15 - PARKS AND RECREATION
Sec. 15-1. Title.
This chapter shall be known and may be cited as the "Ordinance Regulating
Conduct in Public Parks of Roanoke County."
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Sec. 15-2. Definitions.
For the purpose of this chapter, the following terms, phrases, words, and their
derivation shall have the meaning given herein. When not inconsistent with the context,
words used in the present tense include the future, and words used in the singular
number include the plural number. The word "shall" is always mandatory and not merely
directory.
Closed hours means the hours each day that a park is closed in accordance with
section 15-911(a) of this chapter until 6:00 a.m. the following day.
County is the County of Roanoke, Virginia.
Department when used hereinafter is defined as the dDepartment of General
Services and pParks, rRecreation and tTourism for the cCounty of Roanoke.
Director means the dDirector of the department of pGeneral Services and Parks,
rRecreation and tTourism for the County of Roanoke and includes any person whom the
dDirector designates to act for the Director hereunder.
Electric power-assisted bicycle means a vehicle that travels on not more than
three (3) wheels in contact with the ground and is equipped with (i) pedals that allow
propulsion by human power, (ii) a seat for the use of the rider, and (iii) an electric motor
with an input of no more than seven hundred and fifty (750) watts. Electric power-
assisted bicycles shall be classified as follows:
(1) "Class one" means an electric power-assisted bicycle equipped with a
motor that provides assistance only when the rider is pedaling and that
ceases to provide assistance when the bicycle reaches a speed of twenty
(20) miles per hour;
(1)(2) "Class two" means an electric power-assisted bicycle equipped with a
motor that may be used exclusively to propel the bicycle and that ceases
to provide assistance when the bicycle reaches the speed of twenty (20)
miles per hour; and
(2)(3) "Class three" means an electric power-assisted bicycle equipped with a
motor that provides assistance only when the rider is pedaling and that
ceases to provide assistance when the bicycle reaches the speed of
twenty-eight (28) miles per hour.
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Organized use means use by any team, club, or league for practices, games,
events, or activities.
Park means all property owned, maintained, or operated by the County for public
recreational use. and other areas, now or in the future operated and maintained by the
county department of parks, recreation and tourism are defined to mean parks, public
lands, playgrounds, recreation fields and facilities, museums, buildings, lakes, streams,
lagoons, water areas, and submerged lands, and all public service facilities located on
or in grounds, waters, buildings and structures in the county which are under the control
of or assigned for upkeep, maintenance or operation by the county department of parks,
recreation and tourism and including property of the Roanoke County School Board.
Park attendants means all full-time employees of the dDepartment of General
Services and pParks, rRecreation and tTourism and any part-time or temporary
employees of the Ddepartment specifically authorized in writing by the dDirector to
enforce the requirements of this chapter.
Parking means the standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in loading or unloading.
Permit is any written license issued by or under the authority of the Ddirector
permitting the performance of a specified act or acts.
Person is any person, firm, partnership, association, corporation, company or
organization of any kind.
Police officer means all officers of the Roanoke cCounty pPolice dDepartment,
including the cChief of pPolice, and all properly trained and deputized law enforcement
officers of the Roanoke cCounty sSheriff's dDepartment and any law enforcement
officer legally empowered to issue warrants of arrest or summons within the cCounty of
Roanoke.
Public gathering includes demonstrations, picketing, speechmaking, vigils,
parades, ceremonies, meetings, rallies, entertainment, games, shows, concerts, picnics
and all other forms of public assembly.
Shared-use path means a bikeway that is physically separated from motorized
vehicular traffic by an open space or barrier and is located either within the highway
right-of-way or within a separate right-of-way. Shared-use paths may also be used by
pedestrians, skaters, users of wheel chairs or wheel chair conveyances, joggers, and
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561
other nonmotorized users. "Greenways" qualify as shared-use paths as defined in this
section.
Smoke or sSmoking means the carrying or holding of any lighted or activated
pipe, cigar, or cigarette of any kind (including electronic cigarettes), or any other lighted
smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or
cigarette of any kind (including electronic cigarettes).
Special event means a program, tournament or other event scheduled for
specified hours or days involving the participation of the Ddepartment or written
approval of the dDirector.
Trail means a trail that is specifically designated as nonmotorized and that has a
natural surface tread that is made by clearing and grading the native soil with no added
surfacing materials.
Vehicle means every any device in, upon, or by which any person or property
may be transported upon a highway, except devices other than bicycles moved by
human power. Bicycles and electric power-assisted bicycles do not qualify as vehicles
as defined in this section.
Waters means any river, stream, lake, pond, swimming pool or other body of
water, whether flowing or still, in or contiguous to any park as defined in this chapter.
Sec. 15-3. Department of General Services and pParks, rRecreation and tTourism
established; position of Ddirector created.
A dDepartment of General Services and pParks, rRecreation and tTourism is
hereby established and the position of dDirector of General Services and Parks,
Recreation and Tourismof such department is hereby created.
Sec. 15-4. Conduct of county recreation programs and park
operationsResponsibilities of the Department of General Services and Parks,
Recreation and Tourism.
The dDepartment of General Services and pParks, rRecreation and Ttourism
shall conduct the recreation programs of the cCounty, and all park operations as
directed by the bBoard of sSupervisors or the cCounty aAdministrator.
Sec. 15-5. Park property.
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562
No person in a park shall:
((1) Property:
a1) Disfiguration and removal of park property. Willfully mark, deface,
disfigure, injure, tamper with, or displace or remove any building, bridges,
tables, benches, fireplace, railings, tree guards, paving or paving material,
public utilities, signs, notices or placards (either temporary or permanent),
monuments, stakes, posts, or other boundary markers, or other structures,
equipment, facilities or park property or parts thereof, either real or
personal.
(b2) Conduct in restrooms and washrooms. Fail to maintain restrooms and
washrooms in as neat and sanitary a condition as prior to such person's
use, nor shall any person over the age of five (5) years use the restrooms
and washrooms designated for the opposite sex, except a child in the
company of a parent or other custodial individual. Use of any device or
equipment for taking any photographic image or likeness in any restroom,
locker room or washroom is prohibited. Minors under the age of five (5)
years of age shall be accompanied by an adult while in restrooms and
washrooms.
(c3) Disturbance and removal of natural resources. Dig, disturb or remove any
sand, soil, rock, stones, water, trees, shrubs or plants, downed timber or
other wood or materials, or make any excavation by tool, equipment,
blasting or other means or agency in any park unless given specific
authorization to do so by the Director or his or her designee.
(d4) Erection of structures. Construct or erect any building structure or utility
service of whatever kind, whether permanent or temporary in character, in
any park except by specific written permit issued hereunder. unless given
specific authorization to do so by the Director or his or her designee. Tents
shall not be connected or fastened to any piece of park property or natural
resource within the park, unless specifically authorized by the Director or
his or her designee. Tents erected within a park shall otherwise comply
with all applicable laws and regulations.
(5d) Pollution of waters. Throw, discharge, place or cause to be placed, in the
waters of any fountain, pond, lake, stream, bay or other body of water in or
adjacent to any park, or in any tributary, stream, storm sewer or drain
flowing into such waters, any substance, matter or thing, whether liquid or
solid, which will or may result in the pollution or littering of said waters.
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563
(6) Rubbish and waste. Bring in or dump, lay, cast, drop, discharge, deposit
or leave any bottles, broken glass, ashes, cinders, paper, boxes, cans,
dirt, rubbish, waste, garbage, refuse, construction debris, home
appliances, furniture and similar discarded items, or any other trash. No
such rubbish or waste shall be placed in any water in or contiguous to any
park, or left anywhere on the grounds thereof, but shall be placed in the
proper receptacles where these are provided; at locations where
receptacles are not so provided, all such rubbish or waste shall be carried
away from the park by the person responsible for its presence and
properly disposed of elsewhere.
(2) Trees, shrubbery, lawns.
a. Injury and removal. Damage, cut, carve, transplant or remove any tree or
plant or injure the bark, or pick the flowers or seeds of any tree or plant; nor
attach any rope, wire, or other contrivance to any tree or plant; or dig in or
otherwise disturb grass areas, or in any other way injure or impair the
natural beauty or usefulness of any area.
b. Climbing trees, etc. Climb any tree or walk, stand, sit or attach any rope or
cable or other contrivance upon monuments, vases, fountains, railings,
fences or upon any other property not designated or customarily used for
such purposes.
(3) Wild animals, birds, etc.
a. Hunting. Hunt, molest, frighten, kill, trap, chase, tease, shoot, or throw
missiles at any animal, reptile or bird; nor shall any person remove or have
in his possession the young of any wild animal, or the eggs or nest, or
young of any reptile or bird.
b. Feeding. Give or offer, or attempt to give to any animal or bird any tobacco,
alcohol or other known noxious substance.
Sec. 15-5.1. Public trees.
(1) Purpose. It is the purpose of this section to promote and protect the public
health, safety, and general welfare by providing for the regulation of the
planting and removal of trees on public property.
Further, it is the purpose of this section to enhance the quality of life in the
Ccounty by protecting trees and by minimizing the loss of tree coverage
on public propertiesproperty.
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564
(2) Definitions. The following terms, when used in this section, shall have the
meanings ascribed to them in this subsection, unless context clearly
indicates a different meaning:
Diameter-at-breast-height shall be the tree trunk diameter
measured in inches at a height of four and one-half (4.5) feet above
the ground.
Dripline shall mean a vertical line extending from the outermost
edge of the tree canopy or shrub branch to the ground.
Invasive alien plant species shall be those species currently listed
by the state department of conservation and recreation.
Public property shall include all lands owned by the cCounty,
including but not limited to public parks and property of other
cCounty buildings and facilities, and includes all greenway
easements donated to or owned by the Ccounty. The term "public
property" shall exclude public streets and public utility, drainage
and storm water easements and county water and sewer
easements.
Public utility company shall mean any corporation, company,
individual, association or cooperative that is a "public utility" as
defined in section 56-232 of the Code of Virginia, 1950, as
amended.
Topping is defined as the severe cutting back of limbs to stubs
within the a tree's crown to such a degree so as to remove the
normal canopy and disfigure the tree.
Tree shall mean any self-supporting woody plant, usually having a
single, main woody trunk and producing a more or less distinct and
elevated head with many branches. For the purposes of this
section, a tree shall have a diameter-at-breast-height of four (4)
inches or more.
Tree committee shall mean the committee appointed by the county
administrator Director to develop uniform standards for
implementing the provisions of this section.
(c) (3) Applicability. This section provides full power and authority over all trees
located on public property.
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565
(d) (4) Authorization required.
(1) a. a. It shall be unlawful for any person to plant, remove, destroy,
relocate, harm or otherwise disturb any tree on public property
without first receiving written approval from the tree committee.
except for invasive alien plant species as defined above. Invasive
alien plant species may be removed.
(2) b. In the case of emergencies, such as windstorms, ice storms or
other disasters, written approval may be waived by the tree
committee during the emergency period so as not to hamper work
to restore order to the cCounty.
(e) (5) Abuse or mutilation of public trees or shrubs. Unless specifically
authorized by the tree committee, it shall be unlawful for any person to
intentionally damage, cut, carve, transplant or remove any tree or shrub
on public property; attach any nails, advertising posters or other
contrivance to any tree or shrub on public property; allow any gas, liquid or
solid substance which is harmful to such trees to come in contact with
them; or set fire or permit any fire to burn when such fire or the heat
thereof will injure any portion of any tree or shrub on public property.
(f) (6) Protection of trees. Trees that are to remain after construction of
public buildings, facilities, driveways, roads, utilities or other below or
above ground public structures must be protected from construction
activities and heavy equipment to ensure their survival.
(1) a. The Director shall establish a three (3) person tree
committee, which shall meet at such times and at such places as
decided upon by the Director. Members of the tree committee shall
serve for such terms as decided upon by the Director, and there
shall be no term limits. Members of the tree committee may be
removed from the tree committee for good cause as determined by
the Director.
b. The tree committee shall establish guidelines for trees that are to
remain on public property and that are within or in close proximity to
the immediate construction activity area.
(2) bc. No person, including public utility companies and cCounty
departments, shall excavate any ditches, tunnels, trenches or lay
September 21, 2021
566
any driveway or street within a radius of ten (10) feet from any tree
on public property without first obtaining written approval from the
tree committee. This provision does not apply to the maintenance
and repair of existing public utility and cCounty water and sewer
utility facilities.
(3) cd. All trees on public property shall be pruned or trimmed only
in accordance with reasonable industry the standards, as
determined by the tree committee established by the National
Arborist Association, entitled "Pruning Standards for Shade Trees,"
as revised in 1988. This includes all public utility companies and
cCounty departments or their subcontractors involved in
maintenance on cCounty property or easements.
(4) de. It shall be unlawful for any person, firm, or cCounty
department to top any tree on public property, unless specifically
authorized by the tree committee. Trees severely damaged by
wind, ice or snow storms or other disasters may be exempted from
this section at the determination of the tree committee.
(g) (7) Enforcement. The tree committee shall have the general powers
and duties to:
(1) a. Direct, manage, supervise and control the planting, removal
and protection of all trees on public property.
(2) b. Protect all trees on public property so as to prevent the
spread of disease or pests and to eliminate dangerous conditions
which may affect the health, life or safety of persons or property.
(3) c. Require the preparation of a tree protection plan for cCounty
construction projects, when deemed appropriate and necessary.
(4) d. Administer the provisions of this articlesubsection.
Sec. 15-6. Sanitation.
No person in a park shall:
(1) Pollution of watersPollution of waters. Throw, discharge, place or cause to be
placed, in the waters of any fountain, pond, lake, stream, bay or other body of
water in or adjacent to any park, or in any tributary, stream, storm sewer or
September 21, 2021
567
drain flowing into such waters, any substance, matter or thing, whether liquid or
solid, which produces, or may result in, the pollution or littering of said
waterswhich will or may result in the pollution or littering of said waters. (2)
Rubbish and refuse matterRubbish and waste. Bring in or dump, lay, cast,
drop, discharge, deposit or leave any bottles, broken glass, ashes, cinders,
paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, construction debris,
home appliances, furniture and similar discarded items, or any other trash. No
such rubbish or refuse materialswaste shall be placed in any water in or
contiguous to any park, or left anywhere on the grounds thereof, but shall be
placed in the proper receptacles where these are provided; at locations where
receptacles are not so provided, all such rubbish or refuse materials waste shall
be carried away from the park by the person responsible for its presence and
properly disposed of elsewher
Sec. 15-67. Traffic and vehicle use.
No person in a park shall:
(1) Motor vehicle laws apply. Fail to comply with all applicable provisions of
the Sstate and cCounty motor vehicle traffic laws in regard to equipment
and operation of vehicles together with such requirements as are
contained in this and other ordinances.
(2) Enforcement of traffic requirements and regulations. Fail to obey any
police officer and park attendants who are hereby authorized and
instructed to direct traffic whenever and wherever needed in the parks and
on the highways, streets or roads immediately adjacent thereto in
accordance with the provisions of these requirements and such
supplementary regulations as may be issued subsequently by the
Ddirector.
(3) Obey traffic signs. Fail to observe all traffic signs indicating speed,
direction, caution, stopping or parking and all others posted for property
control and to safeguard life and property.
(4) Speed of vehicles. Ride or drive a vehicle at a rate of speed exceeding
fifteen (15) miles per hour, except upon such park roads as the cCounty
may designate, by posted signs, for other speed limits.
(5) Operation confined to roads. Drive any motorized vehicle on any area
except the paved park roads, parking areas, or such other areas as may
be specifically designated as temporary parking areas by the dDirector.
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568
(6) ATVs, etc Off road vehicles, etc. Operate in any park or recreation area
snowmobiles, hovercraft, minibikes, pocketbikes, motorcycles, go-carts,
all-terrain vehicles (ATVs), golf carts, mopeds or any other off road
vehicles, except in areas specifically designated by the Ddirector for such
use.
(7) Aircraft. Launch or land any manned or unmanned aircraft, including
drones, remote control planes, helicopters, gliders, jets, airplanes,
powered parasails, powered paragliders, ultralight aircraft or hang gliders,
except in areas specifically designated by the Director for such use, and
by permit. This subsection shall not apply to Roanoke County employees
within the exercise of their employment duties, and with reasonable notice
to the Director.
(87) Trucks and commercial vehicles. Shall oOperate in or through any
park, any trucks or commercial vehicles with a gross weight in excess of
five (5) tons, except for the delivery of the load thereon for use in such
parks as expressly approved by the Ddirector.
(98) Parking.
a. Designated areas. Park a vehicle in other than anywhere except in
an established or designated area, except as shall be and in
accordance with the instructions of any park attendant or police
officer who may be present.
b. Prohibited activities. Park a vehicle in a park for the expressed or
apparent purpose of washing, repairing or maintaining the same.
c. Double parking. Double park any vehicle on any road or parkway
unless directed by a park attendant or police officer.
(109) Bicycles.
a. Confined to roads. Ride a bicycle on other than a vehicular road or path
designated for that purpose. A bicyclist shall be permitted to wheel or push
a bicycle by hand over any grassy or wooded trail or any paved area
reserved for pedestrian use.
b. Designated racks. Leave a bicycle in a place other than a bicycle rack when
such is provided and there is a space available.
When riding a bicycle or electric power-assisted bicycle, a rider must yield to
walkers and runners. Riders must abide by bicycling laws set forth in the
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569
Code of Virginia when riding in parks. Class one,and class two, and class
three electric power-assisted bicycles may be ridden in places where
bicycles are allowed. Class three electric power-assisted bicycles are
prohibited.
Sec. 15-87. Prohibited uses of parks.
No person in a park shall:
(1) Distribution or displayPosting or leaving papers or materials. No person in
a park shall Ppost, paint, affix, distribute, handout, deliver, place, cast or
leave about any poster, paper, or other materialsbill, billboard, placard,
ticket, handbill, circular or advertisement; display any flag, banner,
transparency, target, sign, placard or any other matter for advertising or
promotional purposes; operate any musical instrument for advertising or
promotional purposes or for the purpose of attracting attention to any
exhibit, show, performance or other display , unless expressly authorized
through permit by the Ddirector pursuant to section 15-11(c).
(2) Contributions. Solicit contributions for any purpose.
(3) (2) Bathing and swimming.
aa. Designated areas. No person in a park shall Sswim, bathe, or wade
in any waters or waterways that have been designated and posted
by the Director as prohibited swimming areas. in any park, except
in such waters and in such places as are provided therefore, and in
compliance with such requirements as are herein set forth or may
be hereinafter adopted. Nor shall any person frequent any waters
or places customarily designated for the purpose of swimming or
bathing or congregate thereat when such activity is prohibited by
the dDirector upon a finding that such use of the waters would be
dangerous to public health, safety or welfare.
bb. Certain hours. No person in a park shall uUse or remain upon any
waters or places designated for the purpose of swimming or
bathing, or congregate thereat, except during such hours of the day
as shall be designated by the Ddirector for such purposes for each
individual area.
c. Bath houses. Dress or undress in any vehicle, toilet or other place, except in
such bathing houses or structures as may be provided for that purpose.
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570
(43) Boating.
aa. Designated areas. No person in a park shall oOperate or occupy
any boat, raft or other watercraft, whether motor powered or not,
upon any waters that have been designated as posted by the
Director as prohibited boating areas. except at places designated
for boating by the Ddirector. Such activity shall be in accordance
with applicable regulations as are now or may hereinafter be
adopted by the dDepartment.
bb. Operation of boats. No person in a park shall Nnavigate,
operate, direct or handle any boat in violation of federal, state or
local laws pertaining to the operation of boats.
cc. Prohibition during closed hours. No person in a park shall Llaunch,
dock, operate or remain on or in any boat, raft, or other watercraft
of any kind on any waters during the closed hours or except during
such hours as shall be designated by the Ddirector for such
purpose.
(54) ) Fishing.
aa1. Commercial fishing. No person in a park shall Commercial
fishing, bbuyingy or selling of fish caught in any park waters is
forbidden.
bb2. Designated areas. No person in a park shall Ffish in any
park waters, whether by the use of hook-and-line, net trap, spear,
gig or other device, that have been designated and posted by the
Director as prohibited fishing areas. except in such waters thereof
as have been designated by the director for that use and under
such regulations and restrictions as have been prescribed by said
director.
(65) ) Hunting and firearms. No person in a park shall Hhunt, trap
or pursue wildlife at any time. Trapping may be authorized, by permit,
when it is deemed by the dDirector that said activity is in the best interest
of public health, safety and/or welfare. No person shall within a park use,
carry or possessbrandish or discharge any firearms, ammunition or
combinations thereof, as expressly prohibited by statute, or air rifles,
spring guns, pellet guns, paintball guns, bow and arrows, slings or any
other forms of weapons potentially dangerous to wildlife or to human
September 21, 2021
571
safety or any instrument that can be loaded with and fire blank cartridges,
or any kind of trapping device. Shooting into park areas from beyond park
property boundaries is forbidden. The Ddirector may permit authorization
for the use of a firearm or other potentially dangerous instrument, to be
used in a park for a special event or cCounty managed activity.
((76) ) Picnic areas and use.
a. aRegulated. Picnic in a place other than those designated for that
purpose. Park attendants shall have the authority to regulate picnic
activities in such areas when necessary to prevent congestion and
to secure the maximum use for the comfort and convenience of all.
No visitor shall fail to Visitors shall comply with any directions given
by park attendants to achieve this end.
b. bAvailability. Persons in a park shall observe the policy that use of
the individual fireplaces as well as tTables, and benches and
cooking grills are available for use on a shall follow the rule of "first
come, first served." bBasis, unless previously reserved.
c. cDuty of picnicker. Leave a picnic area before the fire is completely
extinguished and before Open fires shall only be permitted as
specifically allowed by the Director, and shall be located in a
designated fire ring. Aall trash in the nature of boxes, papers, cans,
bottles, garbage and other refuse is shall be placed in the disposal
receptacles where provided. If no such trash receptacles are
available, all refuse and trash shall be carried away from the park
area by the picnicker to be properly disposed of elsewhere.
d. dNonexclusive. No person in a park shall Uuse any portion of the
park areas or of any of the buildings or structures therein without a
permit issued by the dDirector, for the purpose of holding activities
to the exclusion of other persons, nor shall any person use such
area and facilities for an unreasonable time if the facilities are
crowded.
e. eReservations. Reservations for shelters only may be obtained only
by paying a fee, as determined by the Ddepartment of parks,
recreation and tourism for exclusive use during said time period.
Permits will only be issued only upon payment of fee and must be
in the possession of users to be valid. No person or group
occupying a shelter shall fail to relinquish the shelter to a party or
September 21, 2021
572
group holding a reservation permit from the dDepartment of pParks,
rRecreation and tTourism.
(87) ) AAthletic fields. In order to minimize excessive wear of
athletic fields, Use any Roanoke cCounty owned or maintained ball
athletic fields shall should not be used for organized use unless the users
have first until first securing secured a field rental contract for field use
from the dDepartment. This requirement applies to all sanctioned or non-
sanctioned teams or organized groups. Field rental contracts may cover
league teams for a specific sport and may include multiple fields; however,
copies of such contracts shall be in the possession of a responsible
individual for each non-sanctioned team or organized group using any
such ball athletic field.
(98) ) Camping. No person in a park shall Sset up a tents, shacks
or any other temporary shelter for the purpose of camping, without a
permit from the dDirector. Unless a permit has been obtained from the
Director, Dduring closed hours, no person shall leave in a park any
equipment, structure or vehicle to be used or that could be used for such
purposes camping, such as a house trailer, camp trailer, camp wagon or
the like.
(10) Games. Take part in or organize any recreational activity or the playing of
any games, including but not limited to golf, except in areas set apart
therefor(119) ) Horseback riding. No person in a park shall Rride,
drive or lead a horse except on park drives or trails, as designated by the
dDirector. Where permitted, horses shall be thoroughly broken and
properly restrained, ridden with due care, and shall not be allowed to
graze or go unattended, nor be hitched to any rock, tree orand shrub. No
hoofed animals will be allowed on turf areasoutside designated riding
areas.
(1210) Missiles) Missiles and fireworks. No person in a park shall Ccarry,
shoot, fire, explode or throw any fireworks, firecrackers, rockets,
torpedoes or missiles of any kind in any park without a permit from the
dDirector.
(1311) Photography. No person in a park shall mMake still or moving
pictures that involve the use of special settings, structures, lighting or
apparatus, or the performance of a cast of persons, either amateur or
professional, or the posing of professional models without prior written
authorization by the dDirector; said written permission may be issued only
September 21, 2021
573
when such activities will permit normal use of park facilities by other
visitors. However, the provisions of this section do not in any way restrict
the ordinary use of cameras by amateur photographers or commercial
media coverage.
(14) Remote control planes. Operate a remote control plane, glider, or motor
propelled aircraft in any park without a permit from the director.
Sec. 15-9. Meetings and concessions.
No person shall:
(1) Hold or take part in any public meeting or event, religious, political, charitable or
otherwise, including picnic parties and entertainment for charitable or religious
purposes, in any public park without first obtaining written permission from the
director. Such assemblages shall be conducted in a lawful and orderly manner
and shall occupy such grounds and facilities as may be assigned to or reserved
for them.
(12) Concessions. No person in a park shall Ssell or offer for sale any food,
beverage, refreshment or any article or service whatsoever, in any park
except by concessionaires under contract with the cCounty or by
nonprofit, charitable or religious groups, authorized by permit from the
dDirector.
Sec. 15-810. Behavior.
No person in any park shall:
(1) Intoxication. Enter upon or be in or remain in a park or recreation facility
while under the influence of alcoholic beverages or any controlled
substance as defined by the Drug Control Act of the Code of Virginia,.
except as authorized by a permit from the director.
(2) Taking a drink or tendering same. Take a drink of any alcoholic beverage
or tender a drink thereof to any other person, whether accepted or not,
except as permitted by Section 4.1-308C 4-78CTitle 4.1 of the Code of
Virginia, 1950, as amended, or as permitted by aand as authorized permit
issued by the Ddirector.
(3) Smoking. Smoke inside a public building.
September 21, 2021
574
(34) ) Domestic animals. Be responsible for the presence of a dog
or other domestic animal in a park (excluding areas of parks designated
by the Director as "dog parks") unless such animal is carried, led by a
chain, strap or rope, or kept in a wagon, automobile or other vehicle.
Dogs, cats or other domestic animals shall not be permitted to enter any
lake, pond, fountain, swimming pool, or athletic field, unless said area has
specifically been designated as allowing said animals by a posting
thereon. "Service dogs" as defined in Section 51.5-40.1 of the Code of
Virginia, 1950, as amended, shall be excluded from the provisions of this
section. All domestic animal waste must be disposed of in a proper
manner (i.e. scooper or plastic baggie) by owner.
Be responsible for the entry of a dog or other domestic animal into a park unless
carried, led by a chain, strap or rope, or kept in a wagon, automobile or other
vehicle by chain, rope or strap. Dogs, cats or other domestic animals shall not
be permitted to enter any lake, pond, fountain, swimming pool, stream, all
special event areas and tournaments, ball fields or food and beverage
concession areas within any park or recreation area. Service dogs shall be
excluded from the provisions of this regulation. All domestic animal waste must
be disposed of in a proper manner (i.e. scooper or plastic baggie) by owner.
No non-working animal or pet shall be allowed at special events in county parks.
Non-working animals or pets include, but are not limited to, dogs, cats, horses,
reptiles or other animals that are present at a sSpecial eEvent other than for the
express purpose of assisting an individual with a disability. Also excluded are
those animals or pets which are an attraction and/or a part of the special event.
(45) ) Fires. Build or attempt to build a fire except in such areas
and under such regulations as may be designated by the dDirector. No
person shall drop, or throw or otherwise scatter lighted matches, burning
cigarettes, cigars, tobacco paper or other inflammable material within any
park area, or on any highway, road or street abutting or contiguous
thereto.
(56) ) Closed areas. Enter an area posted as "Closed to the
Public" or "No Trespassing," or otherwise "closed" in accordance with
section 15-11(b) of this chapter. No nor shall any person shall use or abet
the use of any area in violation of posted notices.
(67) ) Going onto ice. Go onto ice on any of the waters except
such areas designated as skating areas and posted as such.
September 21, 2021
575
(78) ) Disorderly conduct and disturbing the peace. Cause
inconvenience, annoyance, or alarm to another by doing any of the
following:
a.. Engaging in fighting, engaging in threatening harm to persons or
property, or engaging in violent or turbulent behavior;
bb. Making unreasonable noise or offensively coarse utterance,
gesture or display, or communicating unwarranted and grossly
abusive language to any person;
cc. Insulting, taunting, or challenging another under circumstances in
which such conduct is likely to provoke a violent response;
dd. Hindering or preventing the movement of persons on a public
street, road or right-of-way, or to, from, within or upon public
property, so as to interfere with the rights of others and by any act
which serves no lawful and reasonable purpose of the offender;
ee. Creating a condition which is physically offensive to persons or
which presents a risk of physical harm to persons or property, by
any act which serves no lawful or reasonable purpose of the
offender.
(89) ) Exhibit permits. Fail to produce and exhibit any permits from
the dDirector upon request of any police officer or park attendant who
shall request to inspect the same.
(910) ) Interference with permittees. Disturb or interfere
unreasonably with any person or party group occupying any area, or
participating in any activity, permitted by under the authority of a permit.
Sec. 15-119. Park operating policy.
(a1) ) Hours. Parks shall be open to the public every day of the
year from one-half (½) hour after daylight 6:00 a.m. to one-half (½) hour
before sunset, except with the following exceptions:
a. Ppark facilities with outdoor illuminated athletic field lighting shall be
open to the public from one-half (½) hour after daylight to 11:00
p.m.;
September 21, 2021
576
b. Park facilities with or special hours of operation, which when such
special hours of operation areshall be posted thereon. ; and
c. Select exceptions after receiving sSpecial written permission from
the dDirector or his or her designee. is required for any persons to
remain in any park area outside regular open hours.
Explore Park hours of operation shall be exempt from this provision.
(b2) ) Closed areas. Any section of any park may be declared
closed to the public by the dDirector at any time or for any interval of time,
either temporarily or at regular and stated intervals and either entirely or
merely to certain uses, as the dDirector shall find reasonably necessary.
(c3) ) Permit. A permit shall be obtained from the Ddirector before
participating in a park activity prohibited by these rules set forth in this
chapter:.
(1) a. Application. A person seeking issuance of a permit
hereunder shall file an application with the dDirector. The
application shall state: tThe name and address of the applicant; the
name and address of the person, persons, corporation or
association sponsoring the activity, if any; the name, address and
effective contact information for a responsible individual for such
permit; the day and hours for which the permit is desired; an
estimate of the anticipated attendance; any other information which
the dDirector shall find reasonably necessary to a fair determination
as to whether a permit should be issued hereunder.
(2) b. Standards of issuance. The dDirector may issue a permit
hereunder when he finds: tThat the proposed activity or use of the
park will not unreasonably interfere or detract from the general
public enjoyment of the park; that the proposed activity and use will
not unreasonably interfere with or detract from the promotion of
public health, welfare, safety or recreation; that the proposed
activity or use is not reasonably anticipated to incite violence, crime
or disorderly conduct; that the proposed activity will not entail
unusual, extraordinary or burdensome expense or allocation of
manpower resources by the Roanoke cCounty pPolice
dDepartment or other operation by the cCounty; that the facilities
September 21, 2021
577
desired have not been reserved for other use at the day and hour
required in the application.
(3) c. Appeal. Within seven (7) days after receipt of an application,
the Ddirector shall either issue a permit or apprise an applicant in
writing of his reasons for refusing a permit .and Aany aggrieved
person shall have the right to appeal in writing within five (5) days
to the assistant County Aadministrator, or his or her designee, who
which shall consider the application under the standards set forth in
subsection (2) hereof and sustain or overrule the Ddirector's
decision within fifteen (15) days. The decision of the Ccounty
Aadministrator, or his or her designee, shall be final.
d.(4) Effect of permit. A permittee shall be bound by all park rules
and regulations and all applicable ordinances fully as though the
same were inserted in said permits. The Director may impose
reasonable conditions in granting a permit under this section.
e. (5) Liability of permittee. The person or persons to whom a
permit is issued shall be liable for any loss, damage or injuries
sustained by any person whatsoever, by reason of the negligence
of the person or persons to whom such permits shall have been
issued. and shall indemnify and hold the county, its officers,
employees and agents harmless from any claim, judgment or
award for damages or other legal relief of any nature whether as a
result of legal or administrative action.
(6) f. Revocation. The Ddirector shall have the authority to revoke,
or otherwise modify, a permit upon finding a violation of the permit
conditions, any rule or ordinance, or upon good cause shown.
Reasonable efforts shall be made by the Ddepartment to promptly
notify the holder of the revoked or modified permit of the Ddirector's
actions.
Sec. 15-1210. Fines and penalties.
(a) Unless a more severe punishment is specifically provided for under state
law which shall then be applicable to a violation of this chapter, a violation of any
provision of this chapter shall constitute a class 4 misdemeanor,; provided that nothing
herein contained shall limit the authority of the court to order restitution for the benefit of
the Ccounty as a result of any damage or abuse to property subject to this chapter.
September 21, 2021
578
(b) That any provision of the County Code not specifically amended or repealed
above shall remain in full force and effect as adopted.
(c) This chapter shall be in full force and effect from and after its passage.
This ordinance shall be in full force and effect from and after its 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
IN RE: CONSENT AGENDA
RESOLUTION 092121-8 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM L - 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 September
21, 2021, designated as Item L - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 4 inclusive, as follows:
1. Approval of minutes – June 8, 2021
2. Resolution granting a waiver to Hollins University under Section 13-23 of the
Roanoke County Code to the provisions of the County’s Noise Ordinance,
Article II. Noise of Chapter 13. Offenses – Miscellaneous
3. Request to accept a donated canine from the Police Foundation valued at
$8,500 for use by the Police Department's K9 Unit
4. Confirmation of appointments to the Library Board (by District)
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
RESOLUTION 092121-8.a GRANTING A WAIVER TO HOLLINS
UNIVERSITY UNDER SECTION 13-23 OF THE ROANOKE
COUNTY CODE TO THE PROVISIONS OF THE COUNTY’S
NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13.
OFFENSES – MISCELLANEOUS
September 21, 2021
579
WHEREAS, Hollins University, a private university located in north
Roanoke County, will be holding their annual Fall Formal Dance on Saturday, October
9, 2021, ending at midnight on the grounds of the University; and
WHEREAS, in order to accommodate the advertised time frame and to mitigate
economic hardship by enhancing students’ sense of connectedness with Hollins and the
Roanoke Valley through social interaction that supports recruiting and retaining students
that in turn affects the economic vitality of the University and Roanoke County with this
event, Hollins University is requesting a waiver of the County noise ordinance for (2)
hours from 10:00 P.M. till midnight, on Saturday, October 9, 2021; and
WHEREAS, Section 13-23 of the Roanoke County Code establishes certain
standards for the Board of Supervisors to grant waivers from the provision of the
Roanoke County Noise Ordinance to avoid undue hardship upon consideration of
certain factors set forth in sub-section (b) of Section 13-23 and after making certain
alternative findings.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the provisions of Section 13-21. Specific acts as noise, sub-section
(5) and Section 13-20. General prohibition of Article II. Noise be WAIVED for a period of
two (2) hours until midnight on Saturday, October 9, 2021.
2. That this Waiver is granted specifically to Hollins University for the events
scheduled at the University on Saturday, October 9, 2021.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
A-092121-8.b
A-092121-8.c
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
John Burris of 6107 Wisteria Place Court in Roanoke, Virginia. “The
Roanoke County has copies of documentation, pictures, videos, emails, texts,
everything that we have been going through. And I purchased my property in 2009,
Fralin and Waldron installed ditches on the property next to me, the adjoining property,
6103 in the middle of the lot, and also adjacent to my property to collect water to initiate
it going to the storm drains, and they also as well, put in a French drain in my
crawlspace and attached it to a French drain outside of my property on the low end of
mine, which also would join 6111 Wisteria Place Court. So that was to collect all the
water and cure all issues, we had no problems for 12 years. In 2020 in October, R.
September 21, 2021
580
Fralin purchased those lots 6103 and 6111, and immediately started building on those
lots. And also immediately closed all of those ditches on 6103, collecting that water. We
immediately started having water issues. I contacted the county, the county said, "Just
wait, they're getting started they'll resolve the issues." This continued, nothing took
place. I spoke to the person who was in charge the onsite supervisor Caroline of the
issue told her I had video, she said she did not want to see it. So I continued to take
pictures and the builder did nothing to address it. Mr. Ray Lewis, who is the purchaser
of the property, 6103, also started questioning the water problems with R. Fralin.
Caroline again, told us both we would have no water are issues when everything was
complete and done. Once it was finished, the initial grade and the finished grade were
identical, there was nothing different except the smoothing out process and the water
has continued to overload my property. On July the 26th, we had heavy rains, two
different rains that day, totaling three and three quarter’s inches of rain. My crawlspace
flooded, my whole side yard flooded, it almost got into my pool with the water. We could
not figure out where the crawlspace water came from. We finally found it, its exits on
6111. Fralin and Waldron put it in, they owned both lots. They exited the French drain
on 6111, R. Fralin graded over it. They closed the exit for the water for the French drain.
So it backed up into my house, into my crawl space. It took us eight hours of pumping
that one night to get most of it out, but we still had to continue pumping the following
day to get the water out of our place. When they put the French drain in, in our crawl
space, they also encapsulated it with the plastic, which is the way things are supposed
to be done at this point in time. So when that happened, we had to cut the plastic to get
the water out from up under it, all right. To encapsulate it now is $4,032 just for the
encapsulation, but all the other pieces that we have done in the way of, the cleaning
materials and everything else that goes along with it, it's over $8,000 that we are now in
debt to with this crawl space. Mr. North, Richard Caywood and David Henderson have
all been to my property and seen the property and have all said that the location of the
drainage system on 6103 is not at the right place. R. Fralin needs to come back and
reestablish where the ditch was to begin with, they need to close off the water problems
for both Mr. Lewis and myself, because both of our foundations are going to kill our
properties, it's going to erode our ability to have our good property. So R. Fralin has just
basically walked away from it and done nothing to fix it. My crawl base is killing us and
to be honest with you, with the rain of today and tomorrow, the concerns for my wife and
I are great. Because at this point in time, it's stressful. It's worrisome, we have to check
every single day that we get water. We have to check and see where it's at, we have to
see if we got more in the crawlspace. And so what I'm asking the board to do is to force
R. Fralin, to fix this issue for us, because I did nothing with this guy, I didn't build
anything. I had no business with him, but I've been totally impacted by him. And it's not
right for a citizen who pays his bills, pays his taxes, tries to be a good contributor, but
now be penalized the way I'm being penalized by two properties on each side of me that
I had nothing to do with. So I would really like for the board to fix my problems with R.
Fralin and the County says it cannot do so because of the way the ordinances are
September 21, 2021
581
listed. So I have a copy of all of my information here, which I'm going to leave with your
clerk, so each of you can review what I have been suffering, and I ask for your support
and your help in getting this fixed. And when I say fixed, I mean immediately fixed. I
can't sit and wait on this. I've been dealing with this for a year. A year now, and I
shouldn't have to be dealing with it for a day, but I've been dealing with it for a year. So I
ask for your quick, prompt response to get R. Fralin to fix this issue for both R. Lewis,
and myself, so that we don't have these water issues and to reimburse me for what I've
got in the way of finances. And again, those finances continue to go up daily because
we have to continue to work with what's in my crawl space, daily. We can't be weighted
because of mold and mildew, we have to deal with it daily and it's just not acceptable.
And I appreciate y'all's help. And I really hope that y'all help me out.”
Chairman Peters thanked Mr. Burris for coming and bringing this to our
attention. He thinks where we've got some work ahead of us, we realized that some
things we need to be looking at as well. So I do appreciate you sharing your story with
us as well.
Brian R. McCahill “So I don't think I would use the term fortuitous to
describe being here for two different events in this case. But when I learned that, I
thought I heard Mr. Lewis was going to be here, I did not know Mr. Burris was going to
be here. It's good to hear your story as well. I'm the CEO of R. P. Fralin, and Mr. Fralin
and I talked about this. We brought Brandon Sargent our Director of construction and
Britney Bennett here, who's in charge of our warranty department and a critical member
of our operations team. They've been working with Mr. Lewis. And so Mr. Lewis is here.
I'd love for him to speak first and then have them provide their... not their side of the
story, but at least their perception of what's been happening. And then hopefully we can
work together and get this resolved. And I'd love a copy of your package if you're okay
with that? We could work with you outside if that's okay and get that from you. So that's
all I had to say.
Britney Bennett stated, “I have worked for our Fralin Construction for
almost a year. I work in our operations department with our purchasers from beginning
of their build all the way to closing. I'm with them for the remainder of their warranty
period after closing, as I directly oversee our warranty department. My goal is to
optimize customer satisfaction in both of those areas. I want to say that we work with 10
localities and to date Roanoke County is the most professional and responsive
government with whom we work. In addition to other development activities, we build
over 100 homes per year. I'm committed to my job and very much care about all of my
customers getting a great home. Since Mr. Lewis' initial email to our warranty
department in June, I've been in close contact with him working to come to a resolution
with small requests and with nothing remaining on his punch list items. All of his emails
have been promptly responded to within 48 hours and I will continue to do so. We
recently received a letter from his lawyer and we promptly responded to the letter saying
we are wanting to help, even if it is not warranted, we just required being released from
September 21, 2021
582
liability. In our offer to the Lewis', we have offered to regrade, move the soil, and ensure
the yard is stabilized at our expense. This was not a requirement to do this but we
always try to help where we can. To this date, we got no acceptance of this offer. This
offer still stands, and I look forward to facilitating this request and any other warranted
repairs in the future. Thank you.
Brandon Sargent, head of construction for R. Fralin Homes stated, “I want
to start off by saying, I appreciate being able to work in Roanoke county and it's a
privilege working with county staff and collaborating on a daily basis with you guys. So,
6103 with Wisteria Court is the property above Mr. Burris, Mr. Lewis' house. And I think
we got a certificate of occupancy on April 16th there. We graded the lot per the
approved grading plans by Roanoke County, and the drainage system that was installed
was performing as it was designed with our engineers and I think the homeowner
settled and closed on the home on April 30th. We had not heard from Mr. Lewis about
drainage issues until 6/16, and we promptly sent out our field representative, Caroline,
and we got some documentations and what we did find when we got there is the grade
had been adjusted, changed to how it was designed and installed originally per the
grading plan. There was a plateau built on the rear left corner that elevated the grade
and changed the way it flows off of it. There's a swell between property lines that when
we arrived, we found there was a fence inside that drainage swell that is in our opinion,
affecting the way it drains and obviously affecting the continuous property with Mr.
Burris. We did, as Britney mentioned, offer to come out and address the situation, and
we were replied back with a lawyer that's mentioned water being near the foundation.
So after heavy rain, the Ida hurricane, day or so after we went out again and we did not
witness any standing water there. So again, we're willing to do as Britney mentioned
and adjust the grade between the two homes and recede it, we're held with no liability
and we don't want to cause any problems for the downstream neighbor. So we're
hopeful that Mr. Lewis will accept our offer and we can come in and grade it and resolve
the issue. So if there're any questions for me, I'll take them now.
Supervisor North inquired why don't you consider doing this with
confidence and forget the indemnification? He thinks that would move it along a lot
quicker and resolve the issue. Mr. Sargent stated that is something he can discuss
internally and we can go from there.
Supervisor Peters stated the other thing is if the information that we've
been provided is correct, that there were French drains that now have been cut off, that
would negatively affect the properties around it as well. So it seems to me that would
need to be rectified as well. Mr. Sargent stated this was first of his knowledge to hear
about French drains, but he can't say if a French drain does cross a property line and
affects a building footprint or foundation where we have to build a home. It sounds like
it was cumbersome to our build downstream of Mr. Burris's property and what the
previous contractor did, he cannot speak to but it sounds like it has crossed property
lines and was installed improperly.
September 21, 2021
583
Chairman Peters asked Tarek Moneir, Director of Development Services to
come to the podium.
Supervisor North stated we've talked about this subject concern over the
last two or three months, and want to commend staffs dedication and involvement. We
met with the Fralin group, either over the phone or in person. The French drain issue,
does Mr. Henderson and you aware of the French drain issue before today? And if so, if
you were aware of it, what's your observations on that? Or would you like to take the
time to get with Mr. Henderson and you can inform the Board of what you learned and
come up with in terms of your perception?
Peter Lubeck, County Attorney noted he does not mean to cut off Mr.
Moneir from answering the questions. He would recommend the Board consider this is
a civil issue between the parties, and their request for the Board to direct actions or
outcomes between the parties and tell Mr. Fralin what to do, would not be within the
Board's power. So he recommends against that.
Supervisor North responded the freedom of speech allows me to give my 2
cents whether or not you like it or not now, Mr. Lubeck. He does not mean that
sarcastically, but as a former business person you try to mitigate things and as a citizen
of Roanoke County, he also has suffered some issues with regard to water and does
not think that we should be too difficult for trying to resolve the issue. Can I proceed now
with my question to Tarek.
Mr. Moneir stated staff had been made aware of the French drain of that
site of Mr. Burris's house the first day he met Mr. Burris, but that was not the focus of
the issue. We had been focusing on the new house that the certificate of occupancy
was giving to Mr. Lewis, who was on the other side, especially because of the ditch and
the amount of the water that was coming down. We've been involved with them from
day one, even though that as it was mentioned, we issued the certificate of occupancy
and yes, it's an issue between the two neighbors. However, Mr. Burris had sought my
help and my staff and he have been working with him, and that includes yourself, myself
and the assistant county administrator and my engineer, David Henderson. We also
attended a meeting with Mr. Fralin who indicated exactly what Brandon has mentioned
that they would like to do. Other than that, we have not been involved in specific issues
that it's more of a legal issues between them.
Supervisor North stated so you didn't really know much about the French
drain issue? Mr. Moneir responded he did initially. Supervisor North stated but you
weren’t focusing on that you were focusing on the other. Mr. Moneir responded in the
affirmative.
Supervisor Radford stated it sounds like there's a swale problem on the
surface, and a subsurface problem with the French drain that's been interrupted, right?
Mr. Moneir stated we learned about the French drain from Mr. Burris. Supervisor
Radford stated he just heard it; he just heard it and he's had it backed up into his
crawlspace. I heard that. Mr. Moneir responded he needed to clarify an important thing
and that is we did not do anything with Mr. Burris’ house during construction of Mr.
September 21, 2021
584
Lewis’ house. When the project is closed, we have no ordinance that tells us that we
can deal with an existing house. We were not made aware of the ditches that Mr. Burris
mentioned during his presentation that existed. These should have been shown
probably on the plans when the plans came in, but that was not the issue then. We
reviewed the plans as they came in and the inspectors inspect the site at the end of the
when they requested the certificate of occupancy. After that, things happened. We were
not there 24/7. He thinks the first time he received a phone call from Mr. Burris was in
June or July, after Mr. Lewis already moved in. So that's all I know.
Supervisor Radford commented he would like to speak to the Fralin people
after the meeting.
Supervisor North commented he understands we're going to have some
meetings addressing some of the problems like this around the county, not only in
Wisteria Place, he looks forward to those. They couldn't come soon enough and if
issues like this persist, he is sure that there are alternatives that may result in some type
of regulations. We don't know what that is yet, but we'll keep an open mind when we
look at these items.
IN RE: REPORTS
Supervisor Hooker moved to receive and file the following reports. The
motion was seconded by Supervisor Peters 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 August 31,
2021
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of August 31, 2021
5. Accounts Paid – August 31, 2021
6. Statement of Treasurer's Accountability per Investment and Portfolio
Policy as of August 31, 2021
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Radford provided a presentation of the schools he and
Supervisor North visited. A copy of the pictures presented are on file in the office of the
Clerk to the Board of Supervisors
September 21, 2021
585
Supervisor Mahoney stated he had one report and two inquiries. Last
Tuesday, he had an opportunity to meet with the Homeowners' Association at Hunting
Hills. They had a list of concerns they wanted to talk with me about; many of them are
road issues. He thinks you've heard some today involving Crossbow and how the
narrow segment of Crossbow is not accepted in the State system. Also, they wanted to
give a big thank you to Mr. Moneir. He worked very closely with them to resolve some
other streetlight issues and some other traffic and road issues, but it was a very positive
meeting and there's about 11 or 12 individuals at the meeting from the Homeowners'
Association. Next my two inquiries. First of all, he asked Mr. Lubeck. He has seen in
the media about how the Statewide Bipartisan Redistricting Committee is putting out a
series of maps and plans for redistricting the Commonwealth and was wondering are
we doing anything or have we got the numbers? Mr. Lubeck responded in the negative
commenting he has been in contact with our registrar as recently as last week and she
is anxious and ready to go, but we still have not received the data that we need.
Supervisor Mahoney then asked County Administration Daniel O’Donnell if staff knows
what dates or days the Brambleton Center will be open for voting? Mr. O’Donnell
responded we don’t have anything new. Supervisor Mahoney thought that the registrar
might be submitting to the County a request or proposal to expand some of those
opportunities, but he gathers nothing has been received. Ms. Owens, Assistant County
Administrator, responded she has not received anything, however, she does have a
meeting with Ms. Cloeter tomorrow and will talk to her about it.
Supervisor Hooker stated she had a good meeting with the Catawba
neighbor watch. There was about 30, 35 citizens there who are very concerned about
their landlines. They have very spotty cell service in that mountainous region and their
landlines are deteriorating. I also want to say thank you to Mr. Caywood, who has been
tireless in helping us with overcoming some of those issues along with Verizon being
very responsive to his contact. So thank you to Mr. Caywood and Mr. Hunter also came
with us to that meeting and it's a real concern to her. She thinks it's a safety concern
that these citizens are having such problems with communication. We had a very good
meeting. It was very amicable and very informative and we're resolving a lot of issues
with help of Mr. Caywood and, and certainly have all lot of hope for the future with Mr.
Hunter's plans and some of our future plans. She added this has been our week of
meetings. She thanked Mr. Thompson and his staff for all the work with the 200 plans,
the Roanoke County 200 plan for 15 year vision on what citizens want. It's so important
that we're reminding citizens that we need to be orchestrating our ordinance, our
visions, and our goals, according to what the citizens want. She was really pleased that
at the Mason's Cove meeting, there was a good turnout. She does not know the exact
number, the Peters Creek meeting. She believes there were maybe as many as 40 to
50 people. We've got a lot more meetings to come and want to encourage our citizens
to attend those. I know for the Catawba district, we still have one more on November
8th for the Glenver community, but just a shout out to our staff. She really appreciates
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what they've been doing and believes it makes a difference in us having the County and
the vision that our citizens want when we have these meetings.
Supervisor North stated he understands those community meetings that
two weeks after the meetings, there's going to be a report online for each one. So I'm
waiting to get that one because he was unable to make the Thursday Peters Creek
meeting. Along with Chairman Peters, we attended the Hollins Park trail ribbon cutting
last Wednesday on September 15th. Improvements to a trail at Hollins Park where the
ribbon cutting took place. It's about a third of a mile asphalt paved track around the
facility around two athletic fields and a playground. It was funded through our capital
maintenance project funds. It's a great improvement for the community businesses and
the citizens; many people go over there very early in the morning and take their walks
and were walking around when we cut the ribbon last week. So kudos to Parks and Rec
for their work on that program; something we don't get a lot of is a compliment. He read
it twice to make sure he was reading it correctly. A citizen on Northway Drive
complimented Mr. Workman and Mr. Moneir and the rest of the folks for those folks
working on a drainage ditch issue, it looks great. Then the men did a great job, a neat
job. They came around in a week to mow the area after it had been receded and to do
some patch work. We're pleased. We had not had heavy rain to put it the test yet, but
feel like it should be fine. And they wanted to thank staff for, for giving that to them. Mr.
and Mrs. Parson, we thank you for your comments. I went by there today to see it
myself and they did a good job. A couple of other things for this week, September the
20th to 26 is the United States Rail Safety week and the Operation Lifesaver Program,
which is a partnership with the railroads and US Department of Transportation.
Nationwide, there are 140,000 miles of railroad track and they can be dangerous at
times with trespassers, distracted drivers and cyclists and others that don't fully grasp
the stakes. We put together some numbers on rail safety, both sobering statistics and
helpful resources for staying safe near the tracks. It takes a railroad train, 18 football
fields to stop at 55 miles an hour or more than a mile. And most trains on main line run
69 miles an hour passenger trains run 79 miles an hour. So that gives you a sense of
how dangerous it could be if you're on a crossing. Every three hours, somebody or
vehicle or person is hit in the United States. So I just want to emphasize that to be safe
this week as you cross railroad crossings, even if they've got flashing gate, look both
ways because those gates sometimes don't work and you don't want to have an
accident. Some comments on other matters local to the County. We're going to learn
later on today about our large surplus as a result of our conservative forecasting and
budgeting last year, which occurred during the COVID. And because of that, that
underlies the result of a strong surplus. It was stronger than anticipated economic return
from last year. Other Counties and States are going to see similar surpluses, which
begged some questions for our citizens that they may be pondering. First of all, in real
estate, this board has to consider what we're going to do on real estate, refunding a
portion of the real estate tax collected this year, or perhaps doing something else for a
tax holiday in the future on personal property. We learned behind the scenes this week
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that the Virginia General Assembly does not allow or the Code of Virginia does not allow
personal property refund in talking to Delegate McNamara. He said he would consider
amending the code if this Board designated to do so or he suggested lowering personal
property tax rates, perhaps for a one time citizen savings on small businesses. We're
going to see later on that we had a large gain in small business licenses. So do we want
to raise the gross receipts business license tax from 135,000 to some level like 150,000
something else for us to consider? Meanwhile, our General Assembly votes on using
some of the state surplus when they met a month or so ago to help many folks
employed by the Virginia State police and County Sheriff's department, but they forgot
to take into account or else they didn't want to approve it for police forces around the
Commonwealth of Virginia and many of our counties have police forces, Roanoke’s one
in addition to the Sheriff's department. He is not so sure sometimes they understand
local government and the impact of their decisions. Washington continues to reign down
on the ARPA funds, which ironically helped on the one hand while contributing to higher
inflation and cost creep for many projects. But on the other hand, impacting our
retention and hiring. The Consumer Price Index has risen over 5% August this year,
over last year, where will all this take us? Well, stay tuned as the board studies these
scenarios and that's all I have.
Supervisor Peters stated he had a couple of thank you’s to give out. The
first one is to Vice Chairman Radford who led our meeting last time while he was away
vacationing with my wife and two little kids, not too little anymore, but they were able to
get me on road courses and laser tag and escape rooms. He was glad to come home,
get some rest, but they wore me out on vacation. Secondly, he thanked Tarek Moneir.
He has heard from almost everybody on this Board today of something he's done and
helping with our citizens and he's helped me greatly in a number of situations and we
greatly appreciate it because a lot of people were calling him when they're very
frustrated about what's going on next door and whatever else. Tarek has done a great
job and even in the scenarios that he has had to help calm people down. The last one
is actually Luke from Roanoke Times and he says that because we, this board is
committed to the BCAP project and part of what we've got to do over the course of the
next year is help our citizens understand the depth of what is needed and why it's
needed and what impact it's going to have on our community. He very much
appreciates the article he wrote here a few weeks ago. He thinks Luke did a great job
outlining that for the citizens. He knows the citizens committee will also be making the
rounds to each district to hear from citizens and getting their comments. But I think
getting the public knowledge out there of why that facility is so important will help us
greatly move forward in the near future.
Chairman Peters recessed to the third floor for work session at 4:39 p.m.
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IN RE: WORK SESSIONS
1. Work session to review with the Board of Supervisors the
preliminary and unaudited financial results for the fiscal year
ending June 30, 2021, for the County of Roanoke, Virginia (Laurie
Gearheart, Director of Finance and Management Services; Steve
Elliott, Budget Manager)
Ms. Gearheart and Mr. Elliott presented PowerPoint presentation
Supervisor North stated there were some students that had to stay home
because of COVID, they were in the CSA programs. If they stayed at home there were
no costs incurred, correct? Ms. Gearheart responded if they were in the private day
program that is support by CSA and were getting some virtual teaching, but they
charged us full cost. Supervisor North asked if staff knew what had occurred in other
parts of the State with Ms. Gearheart responding they were charged full costs.
Supervisor North suggested to Peter Lubeck, County attorney that we
should be in our legislative agenda and we should probably try to see if other localities
want to join in.
Supervisor Radford asked if we just refinanced the jail bond with Ms.
Gearheart responding in the affirmative.
Daniel O’Donnell, County Administrator provided a handout and explained
that within the numbers, there are probably approximately $30 million in the sheets that
need to be addressed. Some in particular, have been totally deferred. Other than
rating end-of-year dollars for police cars and transferring some funds out of capital
projects for vehicles, we've got a lot of deferred heavy equipment needs. If you look at
the second page on this, just under fire rescue, we've got about $2.93 million of needs
for trucks and ambulances, ladder truck pumpers. So we were not able to fund these
things. Also, we've been kind of cannibalizing solid waste vehicles. But those two things,
just vehicles that we've deferred, are well over $3 million.
Supervisor Peters commented he thinks we would be foolish not to get our
fund balances to the policies and that's first and foremost. He has been on this Board
long enough to see the instance where the staff had to come to us and ask for a million
dollars to be allocated because we were in desperate need for four trash trucks. All of
our staff and this Board have worked hand in hand and done a great job as far as
putting forth a conservative budget. We've been blessed to everything to perform better
than we ever expected it and there is a windfall here. But he also thinks we need to
make sure, that windfall, we put it to the best use. Because as I was in the meeting with
David Radford last week, what nearly a $5 million increase in personal property. Well,
let's really put that in perspective. The reason why personal property has taken off the
way that it has is because there's an automotive chip problem. Because I have friends
in Michigan who tell you that anywhere you go in Michigan where there's an empty spot,
there's a car sitting there. F-150s, Explorers, Chevrolet, for this year. All three
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automakers have cars sitting in everywhere. So it's put a strain on the new car market
because there's nothing out there to buy. But when those chips do show up, those are
2021 models. What'll happen? They're going to get them to the car lots, they're going to
discount them, and they're going to get them off the lot. And then you're going to see
used car values plummet. So that's not a budget item, a line item that I want to hold
near and dear at this point, because I think it's going to drop off just as fast as it went
up. But he also believes that as we begin looking at the surplus, we need to be looking
at what he would call the citizen forward services; police cars, fire trucks, ladder trucks,
ambulances, trash trucks, everything that we need to service our citizens. Because, as
Supervisor North loves to comment, and he agrees with, even while the money's falling
from the sky today, that spigot's going to turn off. We're going to be back to reality. He
does believe real estate values, he does not think that we will see a 2008, 9, 10 market
because there's not all the subprime lending going on. But he does think that there will
be a cooling of the market once rates start going up and that's going to reflect in our
values. So again, while we have this windfall, we need to be very strategic. We don't
need to make any quick decisions, but we need to place Roanoke County in the best
possible position to weather the next two or three years. He is not trying to be the
pessimist that everything's going to fall off the cliff, but thinks that we have enjoyed a
timeframe that we didn't expect, but thinks we need to make “hay while the sun shines.”
Supervisor North stated he has gone through the sheet and it is very
helpful, but he has a couple of minor questions. Number one, you've heard my
comments on the CSA. Number two, he is not talking about fire trucks or trash trucks,
but what other fleet replacement repair and fuel costs, what other fleets are we talking
about? Before you answer that question, let me point to this, the parking lot out there is
full of county vehicles. I've never seen it dead empty. So his personal perception,
without understanding maybe if there's a reason for that, is there's fat out there in those
cars, which are probably low mileage to min mileage, used vehicles whose prices have
gone up. If we don't need those vehicles, okay, it might be a good time to sell some of
that fleet and skin it down. Maybe this is the time to think about fleet replacement, but
not in total, or maybe to plan and do piecemeal over maybe two or three years.
Because, to Supervisor Peters' point, we're going to ride the used car prices for about
another year, and then it's going to begin to come on down again to reality. In the
meantime, if we go out and buy vehicles, you're not going to be able to get them per se.
So if we could look at maybe rationalizing that fleet out there that might be good thing to
do to capture the high value of used cars. Secondly, on page 34, it talks about
increased operational costs for the fire station. Let me make sure he understand this,
the 33 firefighters are 18 for Bonsack, but 15 are coming off the SAFER grant. Is that
what you're talking about? Mr. O’Donnell responded in the affirmative.
Supervisor North stated with regard to the fire station, he does not know
whether you're talking about three bay or two bay, but with construction costs being high
like they are, if they don't come back down to what they were before the pandemic yet,
or around 225 or 250, two bay is fine with him personally. It gets the job done and you
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could add a third bay if things get better down the road. But you don't go out and build
the max now necessarily when the cost of construction is kind of high. Mr. O’Donnell
responded a lot of stuff on here is not applicable to this surplus. Because a lot of this is
reoccurring cost. We're dealing with one-time money to deal with one-time expenses,
again, which would be the fleet replacement. He hears Supervisor North, he almost
feels like Mr. McNamara is sitting beside of me because he used to talk about that fleet
outside all the time. But I think really what we're looking at as well is stormwater and the
dump trucks, and a lot of the bigger stuff that I've heard about for years that we were
band-aiding. This may be the time. Again, we've been blessed with a windfall and we
need to really evaluate putting our fleet in the best possible position for the next several
years.
Supervisor Mahoney commented he liked the data staff has provide and
he is looking specifically at page 14. But Mr. Elliott, let's throw out what he thinks for real
estate and personal property is the aberration for 2021. Please refresh his recollection,
what does one penny of real estate tax generate? Mr. Elliott responded currently it is
$940,000. Supervisor Mahoney asked if we looked at averaging 2017, 2018 and 2019?
Mr. Elliott responded it'd be a little above $900,000 around that neighborhood.
Supervisor Mahoney asked what is one penny of person property. Mr. Elliott responded
about $100,000 now, is was $90,000 to $100,000 averaging those same years.
Supervisor Mahoney commented he appreciated the list, however, in all honesty, he
sees a lot of it as a Christmas wish list. He still believes we ought to give some relief
back to our citizens. Yes, we can use some of this windfall for critical capital projects
like fire engines and garbage trucks and police cars, but thinks our citizens would like to
see a little bit of this also. Supervisor North talked about maybe increasing the
threshold for business license. He thinks that helps small business and might help
particularly if we're looking at 5% inflation, which I think is going to continue. He thinks
there's some opportunities there and with the windfall, we can address some of the
critical capital needs. We can set aside some dollars for the future commitments and
promises we've made with respect to personnel. But I think there should be something
left over for taxpayer relief, and he is not looking at current-year refunds. He is looking
at banking that into a reduction for next year.
Supervisor Radford commented going back to page 14, he thinks in the
next year or two, the real estate tax and the property tax are going to flip-flop in terms of
surplus. Because he sees the housing market, it's going to stay strong till 2023. He
talked to our national Home Builders Association, we have an economist on staff and
he's seeing big trends all the way to 2023 and maybe 2024, because we have such a
pent-up demand nationwide. Just in Virginia, he has heard that we were 5,000 homes,
that doesn't sound a whole lot, but, or maybe in our region. Maybe it's a region. But I
see them kind of flip-flop.
Supervisor Peter’s asked if the file could be emailed to the Board for
further study.
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Supervisor North asked Mr. Blount, if he had comments or not on the
vehicle thing, so I'm not meaning to put you on the spot, but we don't have to have the
answer now unless you've got something. Doug Blount, Director of General Services
and Parks, Recreation and Tourism stated within the recommendation for additional
funding, it's only for 14 of what we call light fleet, for general county budget. It's right at
$493,000. In these, we do have a formula that we use for vehicle replacement: it's
based off of mileage, age and repair cost. We try to get the vehicles that cost us the
most to maintain out of our fleet. Because it is as Ms. Gearhart identified, that's one of
the challenges that we're having, an old fleet trying to get a newer fleet and we have all
of our repair costs. Each year, while we have not been able to fund the full replacement
program, we also haven't been able to add any funds to the operating budget for
increased repairs. That's one of the things that's really hurting us in solid waste. Many of
the items in here, even the equipment, it's all forward-facing. It is tractors for parks and
recreation, mowers, equipment for Mr. Moneir for the stormwater crew, things that have
been deferred for many years. Mr. Moneir needs an excavator, its $200,000. That is
really hard to have funded in your general operating budget with all of the needs that we
deal with. Same with fire and rescue. When you need a ladder truck and it's $1.3 million,
we typically don't spend more than a million dollars in any given year on fleet and
equipment together. So when you have to fund one or two fire trucks, it makes it very
little money for anything else. But we do analyze, the vehicles that are here on site are
included in our pool of vehicles. We track mileage and we go back to department heads
and talk about vehicles, and we very regularly move vehicles around throughout the
year to where they do get utilized. So I understand your point and that's something that
we do monitor. Mr. Elliott responded to put into perspective, one fire truck is $600,000.
Mr. Blount indicated we need two engines right now, $690,000 apiece. The other thing
that he would request that you consider, to everybody's point about getting vehicles, fire
trucks, solid waste trucks, we really need to buy sooner versus later. We're averaging
15 months to be able to get a vehicle. When you have to wait, one of the bulk trucks
that we need to replace is because of COVID. Because we have picked up so much this
year with people cleaning out their homes; the truck's just worn out and the main truck is
down. We're using a backup truck. So we're having to repair the backup truck just to get
us along until we get another one, and it's at least nine months to get that. So it's a
challenge and we understand the funding constraints, but we would like to be able to
even on the light fleet to be able to buy a few vehicles while we can still get them on
parking lots across the country, to be able to go into the fleet. Because we're concerned
as well that another 12 months, we don't know what'll be available.
Supervisor Mahoney advised he would like to see a list of one-time items.
The work session was held from 4:57 p.m. until 5:44 p.m.
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2. Work session on to discuss American Rescue Plan Funds with
the Board of Supervisors (Rebecca Owens, Assistant County
Administrator)
Ms. Owens provided a PowerPoint presentation.
The work session was held from 5:46 p.m. until 6:16 p.m.
IN RE: ADJOURNMENT
Supervisor Peters adjourned the meeting at 6:17 p.m.
Submitted by: Approved by:
________________________ ___________________________________
Deborah C. Jacks P. Jason Peters
Chief Deputy Clerk to the Board Chairman