HomeMy WebLinkAbout6/28/2022 - Regular
June 28, 2022
687
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 June 2022. 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 Mahoney called the meeting to order at 3:01 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Paul M. Mahoney; Supervisors Martha B. Hooker,
Phil C. North, P. Jason Peters and David F. Radford
MEMBERS ABSENT: None
STAFF PRESENT: Richard L. Caywood, County Administrator; Rebecca
Owens, Deputy County Administrator; Doug Blount,
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: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Richard L. Caywood, County Administrator asked to add a briefing on School
Resource Officers and Peter S. Lubeck, County Attorney added another closed session
- pursuant to Code of Virginia § 2.2-3711(A)(7) – to consult with legal counsel regarding
probable litigation, where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body. Legal counsel has a
reasonable basis to believe that litigation may be commenced against the County by a
known party. There were no objections.
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IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Wendi Schultz, Tourism/Event
Coordinator, upon her retirement after more than twenty (20)
years of service (Doug Blount, Assistant County Administrator)
Resolution was read by the Chief Deputy Clerk.
RESOLUTION 062822-1 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
WENDI SCHULTZ, TOURISM/EVENT COORDINATOR, UPON
HER RETIREMENT AFTER MORE THAN TWENTY (20) YEARS
OF SERVICE
WHEREAS, Wendi Schultz was employed by Roanoke County on September 4,
2001; and
WHEREAS, Ms. Schultz retired on June 1, 2022, after twenty (20) years and nine
(9) months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Ms. Schultz, through her employment with Roanoke County, has
been instrumental in improving the quality of life and providing services to the citizens of
Roanoke County; and
WHEREAS, throughout Ms. Schultz tenure with Roanoke County, she was
instrumental in establishing the Tourism division of the Parks and Recreation
department. Her partnerships and connections throughout the Roanoke Valley
contributed to the development and coordination of over twenty-nine (29) special events
for Roanoke County Parks, Recreation and Tourism; during her career the most notable
were Enchanted Eve, Kite Festival, Tons of Fun, Touch a Truck, Green Hill Highland
Games, Roanoke County’s Annual Christmas Tree Lighting, Artisan Saturday, and
Illuminights at Explore Park. Ms. Schultz efforts were responsible for creating countless
memories made for families and individuals in our region.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to WENDI SCHULTZ for more than twenty (20) years of capable,
loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
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AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: BRIEFINGS
1. Briefing on School Resource Officers (SRO’s) (Richard Caywood,
County Administrator)
Mr. Caywood provided the briefing to the Board. He indicated that grant
availability become available on June 22, 2022. It is staff’s recommendation to continue
to work cooperatively with Roanoke Public Schools and the Roanoke County Sheriff
Department to fully explore this recently announced grant opportunity before making
any additional funding request.
Supervisor North asked if the deadline of July 15, 2022 is attainable with
Mr. Caywood responding in the affirmative. Supervisor North then asked Mr. Caywood
to confirm the amount of money is $45 million with Mr. Caywood confirming.
Supervisor Mahoney stated this is an important step for us to send the
message we are doing everything we can to protect our children.
IN RE: NEW BUSINESS
1. Resolution governing the release of documents by the Roanoke
County Internal Auditor (Peter S. Lubeck, County Attorney; Emma
Coole, Internal Auditor)
Mr. Lubeck outlined the request for resolution and introduced Ms. Coole to
the Board. There were no questions.
RESOLUTION 062822-2 GOVERNING THE RELEASE OF
DOCUMENTS BY THE ROANOKE COUNTY INTERNAL
AUDITOR
WHEREAS, Chapter 37 of the Code of Virginia (the Virginia Freedom of
Information Act), § 2.2-3700 states that all public records shall be presumed open,
unless an exemption is properly invoked; and
WHEREAS, § 2.2-3705.3 sets forth exceptions to the Act that are applicable to
records created or maintained by auditors that are appointed by local governing bodies;
and
WHEREAS, § 2.2-3705.3(7) states that “Local governing bodies shall adopt
guidelines to govern the disclosure required by this subdivision.”
NOW, THEREFORE, BE IT RESOVLED by the Board of Supervisors of Roanoke
County, as follows:
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1. The Board adopts the document titled “Roanoke County Office of Internal
Audit Guidelines for Public Release of Records and Reports,” which is attached hereto
as Attachment A.
2. This resolution shall be effective immediately.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
1. Resolution authorizing an amendment to the Professional
Engineering Services for Plantation Road Improvements
Agreement with Whitman, Requardt & Associates, LLP for Phase
2 of the project in the Hollins Magisterial District (Megan Cronise,
Assistant Director of Planning)
Ms. Cronise outlined the request for resolution. Supervisor Radford
inquired if we will have funding left over with Ms. Cronise responding in the affirmative,
advising It goes back to the Smart Scale and reallocation to projects of the future. We
were able to get additional Smart Scale funding through that surplus money to be able
to work on this project. There was no further discussion.
RESOLUTION 062822-3 AUTHORIZING AN AMENDMENT TO
THE PROFESSIONAL ENGINEERING SERVICES FOR
PLANTATION ROAD IMPROVEMENTS AGREEMENT WITH
WHITMAN, REQUARDT & ASSOCIATES, LLP FOR PHASE 2 OF
THE PROJECT
WHEREAS, Roanoke County is administering the Plantation Road Bicycle,
Pedestrian and Streetscape Improvements, Phase 2, Project; and
WHEREAS, Roanoke County entered into Contractual Agreement #2013-087
with Whitman, Requardt & Associates, LLP (WRA) on July 22, 2013, for Professional
Engineering Services for Plantation Road Improvements; and
WHEREAS, the Board of Supervisors authorized an amendment to the
agreement on January 21, 2016, for WRA to coordinate utility relocations and
construction phase services for Phase 1 of the project; and
WHEREAS, the Board of Supervisors authorized an amendment to the
agreement on February 12, 2019, for WRA to provide design and construction phase
services for Phase 2 of the project; and
WHEREAS, Phase 2 of the project is connecting to an existing shared use path
and includes sidewalk, curb, and gutter along the west side of Plantation Road between
Walrond Drive and Gander Way, pedestrian crosswalks and signals at the Plantation
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Road/Gander Way/Friendship Lane intersection, widening and realignment of the
Walrond Drive intersection, and underground and overhead utility relocations to
facilitate these improvements; and
WHEREAS, as project construction has taken longer to complete than
anticipated, resulting in the need for additional construction administration services,
WRA has submitted a supplement request totaling $10,480; and
WHEREAS, Roanoke County procurement regulations and the Procurement
Code of Virginia require that changes for this specific type of professional services
agreement exceeding twenty-five percent (25%) of the original contract be approved by
the Board of Supervisors; and
WHEREAS, County staff recommends amending the agreement with WRA in the
amount of $10,480 for additional construction administration services for the remainder
of the project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County that the County Administrator, or any Assistant County Administrator, is hereby
authorized to execute an amendment to the Professional Engineering Services for
Plantation Road Improvements with WRA to authorize expenses up to $10,480 to
extend construction administration services for the Plantation Road Project, Phase 2,
which agreement shall be reviewed and approved as to form by the County Attorney.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the acquisition of an easement across
property owned by Technology DR I LLC (Tax Map No: 064.02-02-
50.00-0000) for purposes of ingress and egress to an adjacent
parcel owned by the Roanoke County Board of Supervisors (Tax
Map No: 064.02-02-50.06-0000) (Rachel Lower, Senior Assistant
County Attorney)
Ms. Lower outlined the request for ordinance.
Supervisor Mahoney asked will the County have to construct a roadway to
the stormwater pond. Ms. Lower responding in the affirmative stating she reviewed the
site development plans and it included asphalt leading directly across the easement
almost to the Roanoke County parcel. We requested from Technology Dr and they
agreed to extend it all the way to Roanoke County’s parcel; it will be paved. There was
no further discussion.
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Supervisor Hooker’s motion to approve the first reading and set the
second reading for July 12, 2022, was seconded by Supervisor Radford and approved
by the following vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinance accepting and appropriating $200,000 from the Virginia
Tourism Corporation for the purpose of tourism marketing
through Visit Virginia's Blue Ridge (Doug Blount, Assistant
County Administrator)
Mr. Blount advised no changes since the first reading held on June 14,
2022. There was no discussion.
ORDINANCE 062822-4 ACCEPTING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $200,000 FROM THE VIRGINIA
TOURISM CORPORATION FOR THE PURPOSE OF TOURISM
MARKETING THROUGH VISIST VIRGINIA’S BLUE RIDGE
WHEREAS, in response to the present Coronavirus pandemic, on March 11,
2021, the American Rescue Plan Act of 2021 was signed into law in the amount of $1.9
trillion; and
WHEREAS, The American Rescue Plan Act (ARPA) Tourism Recovery program
was established by the Virginia General Assembly to provide recovery funds to the
Virginia Tourism Corporation and allocate those funds to Destination Marketing
Organizations; and
WHEREAS, $50,000,000 was allocated to the Virginia Tourism Authority to
support local domestic marketing organizations, as well as the Authority’s marketing
and incentive programs.
WHEREAS, these funds must be used for tourism marketing and development,
including media buys, advertising, public relations, sales and product development for
expenses incurred during the period that began on October 14, 2021, and ends on
December 31, 2023.
WHEREAS, the first reading of this ordinance was held on June 14, 2022; and
the second reading was held on June 28, 2022.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $200,000, made available to the County through the
Virginia Tourism Corporation is accepted.
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2. The sum of $200,000 is hereby appropriated to the County’s Grant Fund,
to be used for those purposes allowable under the Act.
3. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor North to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCE
1. Ordinance increasing the salaries of the members of the Board of
Supervisors of Roanoke County pursuant to Section 3.07 of the
Roanoke County Charter and Section 15.2-1414.3 of the Code of
Virginia (Peter S. Lubeck, County Attorney)
Mr. Lubeck advised no changes since first reading held on June 14, 2022.
There was no discussion.
Chairman Mahoney opened and closed the public hearing with no citizens
speaking on this agenda item.
ORDINANCE 062822-5 TO INCREASE THE SALARIES OF THE
MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE
COUNTY CHARTER AND SECTION 15.2-1414.3 OF THE CODE
OF VIRGINIA
WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for
the compensation of members of the Board of Supervisors and the procedure for
increasing their salaries; and
WHEREAS, Section 15.2-1414.3 of the 1950 Code of Virginia, as amended,
establishes the annual salaries of members of the Board of Supervisors within certain
population brackets; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has
heretofore established the annual salaries of Board members at $18,306.91 by
Ordinance 062221-5 and further has established that the additional annual
compensation for the Chairman for the Board to be $1,800 and for the Vice-Chairman of
the Board to be $1,200; and
WHEREAS, Section 15.2-1414.3 of the Code of Virginia provides that Board
Members’ salaries may be adjusted in any year, by an inflation factor not to exceed five
percent, and further provides that the Board must adopt such an ordinance not earlier
than May 1 nor later than June 30 each year; and
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WHEREAS, notice of the proposed salary increase has been provided, in the
manner and form provided by Section 15.2-1427 of the Code of Virginia; and
WHEREAS, the first reading of this ordinance was held on June 14, 2022, and
the public hearing and second reading was held on June 28, 2022.
NOW THREFORE, it is hereby ordained by the Board of Supervisors of Roanoke
County, Virginia, that
1. The annual salaries of members of the Board of Supervisors of Roanoke
County, Virginia, are hereby increased by an inflation factor of five percent
(5%) pursuant to the provisions of Section 3.07 of the Roanoke County
Charter and Section 15.2-1414.3 of the 1950 Code of Virginia, as amended.
The new annual salaries shall be $19,222.26 for members of the Board.
2. In addition, the Chairman of the Board will receive an additional annual sum
of $1,800 and the Vice-Chairman of the Board will receive an additional sum
of $1,200.
3. This ordinance shall take effect on July 1, 2022.
On motion of Supervisor Mahoney to adopt the ordinance, seconded by
Supervisor Radford and carried by the following recorded vote:
AYES: Supervisors Peters, North, Radford, Mahoney
NAYS: Supervisor Hooker
IN RE: CONSENT AGENDA
RESOLUTION 062822-6 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for June 28,
2022, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 3 inclusive, as follows:
1. Approval of minutes – March 8, 2022
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2. Confirmation of appointment to the Roanoke County Building Code Board of
Appeals; Roanoke County Economic Development Authority (EDA); Roanoke
County Parks, Recreation and Tourism Advisory Commission; Roanoke
Valley-Alleghany Regional Commission (RVARC); Roanoke Valley Juvenile
Detention Commission; Roanoke Valley Greenway Commission; Virginia's
First Regional Industrial Facility Authority; Virginia Western Community
College Board and the Western Virginia Water Authority
3. Request to accept and allocate funds in the amount of $127.75 to the Clerk of
the Circuit Court from the Commonwealth of Virginia
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
A-062822-6.a
A-062822-6.b
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Holy Delaney of 2702 White Pelican Lane commented, “She is here about
the planned men's drug recovery, also known as a sober home that's going to be open
on my street at 2714. They plan on moving men in beginning of July. I know you've
been working on investigating and Rebecca James over at the planning has spoken to
corporate at Pinnacle and that's who is listing this as a sober home. And under my
understanding, I don't believe we are zoned for a sober home. and just, I really don't
want this opened on my street. It could come with a lot of negative things and I don't
think it's appropriate for... and as we discussed before, it's not appropriate for this
neighborhood. and it's basically all I wanted to say, and there are some other fellow
neighbors here voicing their concerns about the same issue.”
Pat Richards of 2710 Tanglewood Drive commented, “I don't know the
protocol Board of Supervisors, Chairman, all you guys. I'm commenting about the same
issue, the 2714 White Pelican Lane. I had not heard the term sober home until this nice
lady mentioned it. I'm sorry, I live at 2710 Tanglewood Drive. So the back of my house
is aiming that way. There's a huge need for this kind of stuff in the United States.
Remember, I heard one time if cancer has not touched your family, that you're
extremely lucky and you're in the very slim minority. I mean it's everywhere. Drug abuse
is getting in the same spot. I mean it could be anybody's relative, it could be a nephew,
an in-law, a cousin, it touches everything. So there is a huge need for this stuff and I
think there's a need it in a whole lot of different places, not just in one place where
nobody wants to go. But there are some problems with what I understand here. First of
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all, it's for men only. I mean isn't this a little on the sexist side? women have these
issues too and also the number of people in it. I pulled up the GIS, it's very similar to the
square footage and floor plant at my house. Just within a couple hundred feet. It's got
five bedrooms. I mean where do they put them? Three full baths. I couldn't do that in my
house. And to house eight people in there. I mean I wouldn't invite eight of my closest
friends to be in my house more than a couple hours and they're going to put eight
people in here. and I didn't hear about the proposal. I didn't get a notice. I thought like if
you rezone something, people get notices. I don't not remember getting one, I'd like to
learn some more about it. So anyway, although there is a big need, there's some real
problems with this in my humble opinion.”
Lisa Hammes of 3608 Verona Trail commented, “I'm here to address the
board concerning placing a drug recovery center in our neighborhood, I along with my
neighbors in the year 2020 was forced to endure a living next door to a drug house at
3714 Verona and their recovering addicts. Our personal experience with this is what
brings me here today. We are again in fear of being terrorized by these people. We
watched as our neighbor and his renters would get clean only to relapse again. And the
relapse happened more often than recovery. Relapse for them met no sleep, no peace,
and a constant state of anxiety for the neighbors. We never knew when the next fight,
the next step, the next trespass, the next deal or the next OD would occur. We watched
as the recovering addicts would OD in the front yard and be given Narcan in plain view
of every citizen there. We all asked the same question how do you explain this to your
children? Why do you explain to them, why they cannot play in their yard. Why is there
an ambulance at the house again? Why are the police there again? Why are there
people sleeping in the yard, AKA their passed out? We are tired of wondering if they
were dead or passed out. And I'm sure that those that proposed the center stated that
there are rules and guidelines that have to be followed. Again, I can speak from
experience they don't care about rules. They do not care about guidelines. They
trespass, they steal, vandalize property. They do not care about any of that 2:00 AM
parties. When you have working class citizens that have to get up the next morning, it's
very disruptive. They do not care that they leave used needles at our children's bus
stops and where they play. We saw it. We lived it. Once they have relapsed, they only
care about their next high. I've heard that the Chairman speak about protecting our
children. I'm asking that you deny the proposal. The proposed drug facility is within 273
yards of Cape Spring High School. It is within 372 yards to Penn Forest Elementary and
within one mile of Case Spring Middle and Cape Spring Elementary, four schools within
one mile of this proposed center. It is not a matter of when the relapse will happen, it's a
matter of when. it's too close for our children. We are asking that you protect our
children. We wish the best of luck to everyone that is recovering, but we don't want it
this close to our children.”
Jonathan Conti of 2720 White Pelican commented, “I am directly next
door to said facility that we will be speaking of here today. To me, this is not a
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residence, this is a facility, it's a treatment facility. And I think this company, Pinnacle
has gone through this before with Roanoke City, and they seem to have gone through
this same process. The board zoning commission have heard the same arguments. All
of these emotionally fueled arguments, which of course that's part of it. The laws,
regulations, the ordinances represent the people. Government is representing the
people and what people want. And we have these facilities and I work in healthcare. I
understand there's needs for these things. but there are rules, there are regulations.
And I feel that this is a business that's trying to take advantage of a residential
community and just go ahead and do this. They haven't notified me, they haven't
notified any of my neighbors or anybody of this. And they plan on going ahead with this
anyways, before they've applied for any licenses, before they've applied for anything to
my knowledge. they're just going ahead and doing this. I know I the county attorney and
everybody, we've all been in contact with them. They've been discussing these issues.
But like everyone said, I have two kids at home. I was just looking at videos with my son
last night and a sleigh riding in the backyard and now I'm going to have to explain to him
those eight men sitting back there on that back porch watching us sleigh ride. What do I
say? I say, "Oh, don't worry about them. They'll be gone in about a month. You'll get
eight more guys coming in." And so I'm going to have to talk with them about that. I
know my neighbors, it's a cul-de-sac. We've had kids learning how to ride their bikes
there. I expect to teach my daughter how to ride her bike there. it's just not the right
area. Those areas exist. The zoning administrators, your powers and duties. I have a
minute left. I don't have to read all of them. Y'all know your job. I get it. But a change in
the use of this occupancy is not allowed until a certificate of zoning compliance has
been issued by the county. Like I said, you guys know that. But the district is intended to
provide the highest degree of protection from potentially incompatible uses in residential
development of a significantly different density size or scale in order to maintain the
health, safety, appearance and overall quality of life of the existing and future neighbors.
I bought into this residence expecting to know my neighbors, to know the safety of
where my children are going to be, to know that we can ride our bikes, we can walk to
the library from there. I'm not going to have that anymore. My quality of life is going to
go down. I'm already looking at installing security cameras for all the problems that
we've already talked about. It's just, it's not right. I really suggest everybody look deeply
into this. Look at the prior cases set out with Roanoke City. They're attempting to utilize
threats with the American and Disabilities Act, but I don't think that's the issue here. Our
issue is with the company that's coming in, not the residences. I wish them the best of
luck in everything.”
John Bingham stated, “I appreciate your time here for the public hearing
today. You've already heard from a few of my neighbors and I'm not going to get on the
personal level so much, but I'm going to stick to the level in which I think the
neighborhood was designed for. I think our whole neighborhood in Penn Forest was
designed primarily for families and residences. And there's two properties on our street.
They've mentioned the one, 2714, but the one immediately across the street from my
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house is now an Airbnb style business as well. And that's out of the zoning as well, I
believe for the intentions of the neighborhood. And so I'm looking for support in how do
we keep businesses out of our neighborhood that are a hundred percent there just a
profit from owning the property. That's a much different scenario than I'm my neighbor
that just talked about raising its children or raising my children there. And so my desire
is to keep the street in that same kind of cultural environment. And by the way, we've
had a very diverse group of people on our street from Indian backgrounds. My
neighbor's Mongolian, I've had a Palestinian neighbor, we've had Christian, Hindu and
Palestinians. So the street has been diverse and I've welcomed that, and I've been
there since 1993. So I've seen a lot of different people living there and I want to keep
that there. So I see this as a zoning issue where someone's coming in, acquiring a
property and they're just defining the use of the property without going through a due
process. And that's what I'm asking you guys to help us with. is that there's a due
process to this where there is input from the neighbors so that we can address the
issues in the open. So there's not a lot of whispering behind each other's back. One of
the problems that I have with the Airbnb across the street is I can't even get ahold of the
owner. So if I have a problem with them leaving their trash can out last Thursday when
they cleaned the house and it was still there this morning when I left the house after it
was picked up last night, I don't really feel like I need to call the county code
enforcement person to come over and tell them to put their trash can up. So it's those
very simple things. If someone's living there or is taking responsibility for things and
things are going well, that's one thing, but that's just not happening. And I think in here,
in the case with the home with Pinnacle, it seems like there's a skirting of the rules
about what the zoning was and what it was intended for and putting this home to a
different use. And that I think is wrong and I think if I can gain your support in that way
to help us fix that, I would really appreciate that.”
James E. Stokes stated, “Okay, I have a couple of questions. Now the
only person that I can address them to is Mr. Mahoney since you represent me. are you
aware of the house on White Pelican and what its use is going to be? That's my first
question. Second question, if you're aware, when were you aware? the third question,
sir, is this the same thing that the citizen... is this something that the citizens of the area,
of this location should been made aware of? And if so, when? to mention something
that you said earlier, it's about the protecting the children in schools. and you made this
comment about and the public should know. That's all I got.”
Chairman Mahoney advised he wanted to say and few things and then
ask our County Attorney, Mr. Lubeck, to bring us up to date as to where we are with this
process. He thinks the first communication he had was maybe about two weeks ago, he
believes it was Mr. Mitchell had called me and raised some of these issues and he
related those issues to the zoning administrator. The Zoning Administrator sent Mr.
Richardson out. Mr. Richardson's our zoning enforcement personnel. He been talking to
our Zoning Administrator and our County Attorney trying to gather some facts, get a
better understanding of what is happening and what is the process. At this point in time,
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he is not aware of a process by which the Board would have a formal vote on this use.
We're still trying to gather the facts and get information and find out what's happening.
He understands there are two different issues; the more serious issue for many of the
citizens is what many of the citizens view as a halfway house or a sober house. A
second issue is whether or not there is bed and breakfast or VRBO facility also on that
street. My wife and I investigated last night and then again this morning to check out the
properties. A friend of mine lives down at the end of the street across from the proposed
site. Some of you may remember Terrie Cochran and she and her husband live down
there. So with all of that as background, he asked Mr. Lubeck give the Board some
information as to where we are in this investigatory process. Also, he hopes Mr. Lubeck
might be able to answer some of the questions. We don't have final answers to all the
questions.
Peter Lubeck, County Attorney, stated he sat down with Mr. Mahoney
earlier today to review the matter and had also had the opportunity to speak with some
of our citizens by phone this past week. “Clearly this is an important issue to our
citizens. I know it's an important issue to the board and it's something that we certainly
want to investigate thoroughly and arrive at the proper conclusion. We have confirmed
that the property at 2714 White Pelican Lane is zoned R1. It is owned by Scioto
Properties LLC. And it is our understanding that the intent of the owner is for Pinnacle
Treatment Services of Roanoke to operate what is called a sober house at this location.
And that at this location they will provide housing and supervision to individuals that are
recovering from substance abuse disorders, but they assert that they will not be
providing treatment to such individuals at this location. They claim that they will be
providing treatment to the individuals at another facility. I understand that this facility,
excuse me, is located on Peters Creek Road. Certainly, there have been many
concerns expressed by email, by phone, and also in person here today about some of
the effects on the neighborhood that might flow from this home being used as a sober
home. I would like to review several principles of federal law, state law, and local law,
which I believe will inform the decision that we eventually will make with regards to what
to do about this situation. I'll start with federal law. So, there are two acts that come into
play. The first is the Fair Housing Act. The second is the Americans with Disabilities Act.
And both of these consider persons who are recovering from substance abuse
disorders to be disabled and they provide protection for such people from housing
discrimination. The United States Congress in the Americans with Disabilities Act
explicitly stated in the ACT that one goal of the act is to assure individuals with
disabilities, equality of opportunity, full participation in society, independent living and
economic self-sufficiency end of quote. And there are many case opinions from federal
courts that have interpreted these provisions and attempts by local governments to
regulate and apply these principles. Federal courts have opined that the provisions of
the Americans with Disabilities Act should be construed broadly to effectuate its
purposes. And these federal laws provide protection to both individuals that are disabled
as well as to organizations that are providing both housing and treatment to these
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individuals. that both categories, the individuals and the entities presumably have
standing to challenge any unreasonable actions that are taken by governments to that
might be discriminatory against these individuals. The Americans with Disabilities Act
also does apply to local zoning decisions and prohibits local governments from
enforcing its zoning regulations in a manner that effectively precludes such treatment
facilities from operating in the locality or that otherwise impose unreasonable burdens
on such programs. Now I'll review just a few principles of state law pursuant to the Code
of Virginia and the Administrative Code of Virginia, the Virginia Department of
Behavioral Health and Development Services, which is referred to somewhat
conveniently as VDBHDS, that VDBHDS is charged with the authority and responsibility
of licensing facilities that provide substance abuse treatment services. We have spoken,
James, our zoning administrator, has spoken with officials at VDBHDS who are charged
with responsibility of issuing licenses and they have advised our zoning administrator
that they are very familiar with Pinnacle's operations in so far as they currently operate
in other locations in Virginia, including as has been shared today, the city of Roanoke.
and that it is VDBHDS'S conclusion that no treatment will be provided at the White
Pelican Home and that the home accordingly does not need a state issued license to
operate at this location. Now I'll review just a couple principles of local law. The county
does have limited authority to regulate the location of substance abuse treatment
facilities under its zoning ordinance. The county zoning ordinance does not regulate the
location of what are called sober houses. That is an undefined term. We do not have
that definition in our zoning ordinance. Our zoning ordinance does regulate the location
of halfway houses, and does not allow halfway houses to operate in residential zoned
areas. It only allows them to operate in certain commercial or agriculturally zoned areas.
The County zoning ordinance defines a halfway house as an establishment providing
accommodations, rehabilitation, counseling, and supervision to persons suffering from
alcohol or drug addiction to persons reentering society after being released from a
correctional facility or other institution or to other person suffering from similar disorders.
And accordingly, because Pinnacle asserts that it will not provide rehabilitation
treatment or counseling at the White Pelican home, the facility may not meet the
county's definition of a halfway house. And if that is the case, then we would not be able
to prohibit its operation at that site. Again, as I mentioned a moment ago, the
classification of a sober house is not a use defined or regulated by the zoning
ordinance, but it would clearly be unlawful for the county to categorically prohibit such
use from operating in the county. It must be allowed to happen somewhere. At this time
as Supervisor Mahoney shared it is our intent to continue to investigate the matter
further. But we do expect to share conclusions and recommendations in the near future.
As Supervisor Mahoney did share, he does not see a pathway by which the Board
would have a formal vote as to whether to allow this matter or this use to occur at the
White Pelican Home. I agree preliminarily with that, that this Board would not have a
role in approving. There is not a formal method or a process by which Pinnacle would
need to bring this matter before the Board to seek such an approval, to seek a change
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in zoning or classification or to obtain a permit from the county to operate. But again,
those are our findings at this point in time and we do expect to conclude and make other
recommendations in the near future. I would be happy to answer any questions that you
might have.”
Supervisor Radford commented being in the real estate field, he is very
familiar with the two Federal laws. We have to study those and be up to date with them
every two-year cycle for our continuing education. And we really get it drilled into to us
about the ADA disabilities and discrimination based on your health.
Supervisor Mahoney added let's continue to study the process. Let's let
our County Attorney continue to research what our options and alternatives and
possibilities are. for a purpose of the citizens, we're still working on it. I'm sorry we don't
have an immediate answer today or this afternoon, but we're trying to get on top of it
and we're trying to get more information to try to figure out what our next step is. With
that, we have several other items on our agenda. You're more than happy to sit here
and listen, but if you want to leave, you can do so. It's your choice.
IN RE: REPORTS
Supervisor Peters moved to receive and file the following reports. The
motion was seconded by Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford,
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of May
31, 2022
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of May 31, 2022
5. Accounts Paid – May 31, 2022
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor North advised as Chairman of the Roanoke Valley Allegheny
Regional Commission, that body passed a resolution of support for the General
Assembly House Bill 105. That bill sponsored by Delegate Sam Rasul and carrying
significant bipartisan support from our area legislators supported the renovation and
expansion of Catawba Hospital, into a state center for recovery care, in addition to its
existing core mental health services.
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The house bill was ultimately not passed by the Virginia General Assembly, but
$750,000 was set aside in the negotiated budget to complete a study on what
renovations and expansion could look like. On Wednesday, June 15th, a formal
stakeholder group for an initial meeting on what this study could look like. Roanoke
County Board of Supervisors, Catawba District member, Martha and I in attendance, as
well as Roanoke Regional Commission's, collective response staff, and a number of
other healthcare and recovery practitioners. The discussion was wide ranging, review of
the great need for recovery and mental health services facing the region. Delegate
Rasul emphasized this was only the beginnings of discussions, both about Catawba
hospital specifically and also building a recovery ecosystem in general. The study
should be completed before the next session of the general assembly in January of '23,
most likely in November or early December. He thanked Delegate Rasul's leadership
and the leadership of our entire Roanoke Valley legislative group, including co-sponsor
Delegate Joe McNamara and tackling this issue. in other news for all rail fans and
passengers alike Amtrak's second regional passenger train begins service July 16th.
The second train will arrive from Washington on July 16th at 1:30 and return at 4:30 PM.
Thirdly, in economic news around the Hollins district, the Lewis Gale ER will be
th
targeting its grand opening off of Rt. 460 in the Bonsack area on July 16; ribbon
cutting will take place on July 15th. Also, Vista Eye Center facilities under construction
off Airport Road in the Hollins District. Lastly, on the subject of school safety, he came
from an industry for 39 years and so did my family that believed in safety as job number
one. Nothing else ever mattered. The addition of school safety officers is no exception
and he fully supports these additions and considerations.
Supervisor Radford advised that our next meeting, July 14th, we will be
meeting with the School Board and we'll be meeting with the CTE ten-person citizen
committee. He is looking forward to their findings. We've got a little bit of information
from them, but looking forward to hear what they've come up with in our next step, as
we've continued to look at improving, updating the Burton Technology School.
Supervisor Peters commented earlier today we passed and our consent
agenda, an appointment to the Water Authority. He did not object to that and made it
clear to the Board because the person that we selected, he has the utmost respect for.
But did want to share my concerns publicly. As we set up our boards, whether it's
Economic Development or the Water Authority or Broadband Authority, all these
authorities we have, he thinks that we have to be conscious of the fact of who we're
putting on there as far as who they represent. His concern with the Water Authority is
that we now have two, he would consider senior or executive level management that
are with a certain company, which will now represent 25% of that voting block for that
particular company. That's a bit of a concern of mine, but he did not have any objection
to the person. He knows him well. He has the utmost respect for him, but thinks that
that's something as a Board and his administration that we need to be conscious of in
the future. Speaking of the Water Authority, it is a good time in Roanoke County, or at
least East Roanoke County and the Town of Vinton. They will be coming over to the
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Water Authority July 1st. As I just got a picture from my Lindenwood neighborhood
group. Town of Vinton's never replaced the water line right now that has busted. So, I
guess the town of Vinton will probably glad to move that responsibility over someone as
well, but it's been an ongoing issue. He has made the comment when we were before
Town Council and my last couple of campaigns that was probably the number one
concern I heard from the citizens was water issues and so on and so forth. He is truly
excited for this to take place; because he knows that it will be a great improvement. Not
that the Town did anything wrong, but thinks someone at the meeting said it the best,
that's what they do. The Water Authority does water. Town's trying to do all these other
things. So, they can't specialize in that one area. He thinks it'll be good for not only the
Town, East Roanoke County, but for the prospect of future development, not only in the
Vinton area, but maybe even going into that part of Bedford County. This Thursday,
June 30th from 5:00 to 7:00, we will also be having an open house for the East River
Greenway. This will be taking place at the Explore Park Visitor Center. So, all that are
interested in that I would welcome you to be there.
Supervisor Peters stated he forgot one thing. So, we have a
representative who has been on the Water Authority for a very long time, it's Don Davis.
He was the prior mayor of Vinton and town Councilman. I would like for us to recognize
him at one of our future meetings. Don has been a great asset to the Water Authority.
He thinks he served close to 20 years; one of the longest serving ones that has been
on that board. And he said he was going to stay on until Vinton moved over to the Water
Authority.
Supervisor Hooker stated she just had one item. Two Saturdays ago, she
had a very enjoyable evening with the Masons Cove Civic League and really enjoyed
visiting with those citizens. A special thank you goes out to Steve Bandy, who's been
serving as president for that group. We welcome Todd Simmons as he comes on as the
new president. It's a great group and is a pleasure to meet with. She thanked
Supervisor North for us update stating its timely and appreciates you following that so
closely.
Supervisor Mahoney thanked the Board for their concern and their interest
in listening to the citizens on White Pelican. I know this was not part of our planned
agenda, but it is an issue that clearly has a lot of concern and fear and interest. He
thanked the Board for their patience and consideration.
IN RE: CLOSED MEETING
At 4:18 p.m., Supervisor Mahoney moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia Section 2.2-3711.A.3 – To
discuss or consider the disposition of publicly held real property that is presently used
for park purposed, where discussion in an open meeting would adversely affect the
bargaining position or negotiating strategy of the public body and Section 2.2-3711.A.–
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to consult with legal counsel regarding probable litigation, where such consultation or
briefing in open meeting would adversely affect the negotiating or litigating posture of
the public body. Legal counsel has a reasonable basis to believe that litigation may be
commenced against the County by a known party. Supervisor North seconded the
motion. The motion carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
The closed session was held from 6:10 p.m. until 7:05 p.m.
Chairman Mahoney recessed to the third floor at 4:10 p.m.
IN RE: WORK SESSIONS
1. Work session to review with the Board of Supervisors the Multi-
Year Budget for Roanoke County (Laurie Gearheart, Director of
Finance and Management Services, Steve Elliott, Budget
Administrator)
Richard Caywood, County Administrator provided a brief overview and
turned the meeting over to Rebecca Richard gave brief overview turned over to
Rebecca Owens, Deputy County Administrator, who gave another brief overview and
started the PowerPoint presentation.
Supervisor Radford commented he lived through a bunch of recessions
living in Roanoke County and unfortunately taxes are still due, whether we're in a
recession or not. We still need police protection, we still need our trash collected, we
still need our roads kept up. There's a lot of services, they don't recognize the
recession. So, we just have to be extra vigilant in how we collect those and charge.
Supervisor Mahoney commented that Supervisor Radford had reminded
us that his personal home value took twelve (12) years to catch up.
Supervisor Peters commented we need to include public safety
employees, including school resource officers, fire station. The needs are not going
away. Before we start saying we're going to start giving money back, we need to really
be focused on whatever needs the County has. He loves the multi-year budgeting and
has been an advocate for it for years. But I think we also need to put the best numbers
in there too, realistic numbers. Because the needs are not going away, if we want to
continue to grow.
Supervisor Mahoney asked if staff could go back and look at what kind of
percentage reduction we were looking at in sales tax, if any during the last recession.
He does not know if that would be a guide or not. He is just trying to get a long-term
vision of in the last recession, sales tax dropped X percent, whatever that is.
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Supervisor North stated a trend line would be what he would suggest; take
a trend line from 2008 through the '26 timeline here and let's see what the trend line
tells us. That tells us more than the percentage, you'll give us better visionary tool. And
that's easily done in a chart.
Supervisor Peters asked if there is a way that the future needs of the
Departments, i.e. Social Services with Ms. Owens responding we've had some
conversations about really updating the budget process so that we are having those
conversations earlier with the departments. So, what we had talked about was actually
later summer having a conversation with the Board, understanding priorities and then
beginning our work with the departments in the September timeframe for example, to
begin those conversations about staffing requests that they may have not just in the
upcoming year but looking at a multi-year approach.
Supervisor North stated he would like to see a bar chart or put the trend
line on it of CSA costs since day one. If it's ten years or whether it's five years or
however long it's been in existence, but he would like to have that available as a
pictorial tool to share with our local legislators to incent some discussion and maybe
end that discussion. Maybe some bill could be filed to kind of bring this to light as an
example before these committees, because there's lots of work that's being done on
behavioral health, especially in the state of Virginia. In fact, there's a study going on
now, it's supposed to be available later on next year. So, we need to have that tool
available. Also, on that bar chart show the dollars and cost to the County and we'll leave
it with the legislators. If we are proactive in showing that to them, it might get some
discussion about what they might think they could do or have a dialogue with people
who are on that committee like Senator Hanger. This is what's causing burden on the
localities and it's not only ours, it's just an example.
Supervisor Hooker ask what happened to outsourcing some of that out to
the schools, with Ms. Owens they are working on a pilot program.
Supervisor Radford asked if we see multi-year budgeting as a forecasting
tools with Ms. Owens responding in the affirmative.
Supervisor North added it is a strategic tools as well as a planning tool.
The work session was held from 4:34 p.m. until 5:55 p.m.
IN RE: CERTIFICATION RESOLUTION
At 7:15 p.m., Supervisor Mahoney moved to return to open session and
adopt the certification resolution.
RESOLUTION 062822-7 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
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WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member’s
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies; and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Mahoney to adopt the resolution, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: ADJOURNMENT
Chairman Mahoney adjourned the meeting at 7:06 p.m.
Submitted by: Approved by:
________________________ ___________________________________
Deborah C. Jacks Paul M. Mahoney
Chief Deputy Clerk to the Board Chairman