HomeMy WebLinkAbout9/13/2022 - Regular - DRAFT
September 13, 2022
761
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 first regularly scheduled meeting
of the month of September 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, Pastor Eddie Crabtree of Valley
Work Church in Roanoke, Virginia provided an invocation. The Pledge of Allegiance
was recited by all present.
IN RE: CALL TO ORDER
Chairman Mahoney called the meeting to order at 3:02 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
Chairman Mahoney moved item C.1 Resolution expressing the
appreciation of the Board of Supervisors of Roanoke County to Nancy Gattoni, Senior
Library Assistant, upon her retirement after forty (40) years of service to the Consent
Agenda as Ms. Gattoni was unable to attend today’s meeting.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
September 13, 2022
762
1. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Nancy Gattoni, Senior Library
Assistant, upon her retirement after forty (40) years of service
This agenda item was moved to the Consent Agenda.
2. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Darlene Smithwick, Public
Services Librarian, upon her retirement after more than twenty-
one (21) years of service (Toni Cox, Acting Director of Library
Services)
Resolution was read. All Supervisors offered their thanks and
congratulations.
RESOLUTION 091322-1 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
DARLENE SMITHWICK, PUBLIC SERVICES LIBRARIAN, UPON
HER RETIREMENT AFTER MORE THAN TWENTY-ONE (21)
YEARS OF SERVICE
WHEREAS, Darlene Smithwick was employed by Roanoke County on June 13,
2001; and
WHEREAS, Ms. Smithwick retired on September 1, 2022, after twenty-one (21)
years and three (3) months of devoted, faithful and expert service to Roanoke County;
and
WHEREAS, Ms. Smithwick, 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. Smithwick’s tenure with Roanoke County, she has
served the library in a variety of ways. She developed partnerships and programming
for adults that benefited the library system. For many years, she served as webmaster
and taught computer classes for the public, county employees, and businesses in
Roanoke. She created social media accounts for the library and spoke at local civic
groups, always advertising our upcoming events. Some of her most popular programs
were Mystery Nights, Dead Authors Month, the Virginia Voices Series, and Blind Date
with a Book. Ms. Smithwick’s gift of listening to people’s stories made her a natural at
developing partnerships, including ones with Blue Ridge PBS, the DMV, and Voices of
Faith. Her skill in providing outreach services brought us several Little Free Libraries
located in the Roanoke County parks system and most recently, she started providing
library services at the Catawba Valley Farmer’s Market. In creating all of these
September 13, 2022
763
connections, she leaves behind a well-connected community thanks to her love of
public service.
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 DARLENE SMITHWICK for more than twenty-one (21) 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 Hooker to adopt the resolution, seconded by Supervisor
Peters and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
3. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Robin Walters, Library-
Department Budget Specialist, upon her retirement after more
than forty-four (44) years of service (Sara McKnight,
Administrative Services Coordinator; Toni Cox, Acting Director of
Library Services)
Resolution was read. All Supervisors offered their thanks and
congratulations.
RESOLUTION 091322-2 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
ROBIN WALTERS, LIBRARY BUDGET SPECIALIST, ON HER
RETIREMENT AFTER MORE THAN FORTY-FOUR (44) YEARS
OF SERVICE
WHEREAS, Robin Walters was employed by Roanoke County on July 31, 1978;
and
WHEREAS, Ms. Walters retired on September 1, 2022, after forty-four (44) years
and one (1) month of devoted, faithful and expert service to Roanoke County; and
WHEREAS, Ms. Walters, 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. Walters’ tenure with Roanoke County, she held
several positions at the library starting out as a page and quickly moving into a full-time
position processing library cards. Her devotion to the library and excellent work ethic
promoted her to Senior Library Assistant responsible for ordering and purchasing library
materials selected by the librarians and was instrumental in purchasing opening day
September 13, 2022
764
collections for each of the new branch libraries. Ms. Walters assisted with the materials
budget and helped to compile statistics for the library. Ms. Walters’ most recently
worked as Department Budget Specialist providing excellent customer service to her
coworkers and patrons. Ms. Walters acted with grace and dedication in service to all
those around her.
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 ROBIN WALTERS for more than forty (40) 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 Radford to adopt the resolution, seconded by
Supervisor North and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: BRIEFINGS
1. Briefing to discuss per-and polyfluoroalkyl chemicals (PFAS) with
the Board of Supervisors (Mike McEvoy, Executive Director,
Western Virginia Water Authority)
Scott Shirley, COO, provided a PowerPoint presentation to explain PFAS.
IN RE: NEW BUSINESS
1. Resolution requesting the U.S. Department of Transportation fund
an Action Plan Grant to develop a Comprehensive Safety Action
Plan for Roanoke County, Botetourt County and the Town of
Vinton as part of the Safe Streets and Roads for All Discretionary
Grant Program (Megan G. Cronise, Assistant Director of Planning)
Ms. Cronise outlined the request for resolution. Supervisor North
commented that he was glad we are going after this grant.
September 13, 2022
765
Supervisor Radford asked so that lay people will understand what
concrete thing will you see out of the safety action plan. Ms. Cronise responded there
are a number of factors that are included in the parameters for a grant application. What
they are really looking at is how to address, where are the fatal and serious injury
crashed and how do you proposed to address those. One of the things, looking toward
fatal and serious injury crashes and how do you propose to address those? One of the
things, looking towards a zero-death policy. Once the plan in place, we can apply for
funding to actually implement the top project. One of the things to include in the study.
Basically, a smart scale style concept plan and activist for the top program to go for the
implementation grant application as soon as that next round would be available. So a
guardrail, like part of the safety action plan it could be something like that a lot of it,
starting and looking at existing conditions like we do with any of the plans to see where
the crash is occurring and where occurring? What source of population is involved: cars,
pedestrians, bicyclists? What is happening and why is it happening? So we can start to
figure out a plan to address those fatalities and serious injuries. There is a lot of them
on Interstate 81 as well, which makes it additionally challenging.
Supervisor Mahoney asked assuming everything works perfectly, could
you give us a rough timeline. Ms. Cronise responded as best as she can, this program
was put together very recently. There was also a substantial change to the notice of
funding opportunity in August. We are trying to keep up with the changes and figure out
what the parameters are. We anticipate a year time frame would be fairly quick for a
safety action plan. It would most likely be 2024 when we would be ready with a plan
and implementation project. There was no further discussion.
RESOLUTION 091322-3 REQUESTING THE U.S. DEPARTMENT
OF TRANSPORTATION FUND AN ACTION PLAN GRANT TO
DEVELOP A COMPREHENSIVE SAFETY ACTION PLAN FOR
ROANOKE COUNTY, BOTETOURT COUNTY AND THE TOWN
OF VINTON AS PART OF THE SAFE STREETS AND ROADS
FOR ALL DISCRETIONARY GRANT PROGRAM
WHEREAS, the Roanoke County Board of Supervisors is committed to
advocating for and ensuring safe transportation facilities both in the County and in
the region; and
WHEREAS, an average of seven (7) deaths per year occurred on Roanoke
County roads between 2016 and 2020; and
WHEREAS, the Bipartisan Infrastructure Law established the Safe Streets and
Roads for All Discretionary Grant Program to improve roadway safety by significantly
reducing or eliminating roadway fatalities and serious injuries through Safety Action
Plan development and implementation focused on all users; and
September 13, 2022
766
WHEREAS, a Comprehensive Safety Action Plan would provide a holistic, well-
defined strategy to prevent roadway fatalities and serious injuries, and would lead to
further opportunities for infrastructure funding; and
WHEREAS, the Safe Streets and Roads for All program encourages joint
applications that engage multiple jurisdictions in the same region to ensure
collaboration.
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 the U.S.
Department of Transportation provide an Action Plan Grant for development of a
Comprehensive Safety Action Plan through the Safe Streets and Roads for All
Discretionary Grant Program.
2. That the Roanoke County Board of Supervisors supports a joint
application with Botetourt County and the Town of Vinton.
3. That the Roanoke County Board of Supervisors, in the spirit of further
regional cooperation, supports an Action Plan Grant application by the City of Roanoke.
4. That the Roanoke County Board of Supervisors hereby commits to
provide a twenty percent (20%) matching contribution for an Action Plan Grant, up to
and not to exceed $51,000.
5. That the Roanoke County Board of Supervisors hereby grants authority for
the County Administrator, or his designee, to execute project agreements for an
approved Action Plan Grant.
On motion of Supervisor North 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: FIRST READING OF ORDINANCES
1. Ordinance amending Chapter 5 (Animals and Fowl), Article II
(Dogs, Cats and Other Animals), Sections 5-27. – (Barking or
howling dogs) and 5-34 (Penalties) of the Code of Roanoke
County (Peter S. Lubeck, County Attorney)
Mr. Lubeck outlined the request for ordinance. Supervisor Radford stated
some citizens have already tried contacting their neighbors and he is glad we changed
that section to allow those who have already done that to go straight to the County.
September 13, 2022
767
It is interesting that if you record the animal for ten minutes that would also suffice as
evidence to the community service officer. Mr. Lubeck responded that in the instance
where an affected owner feels uncomfortable contacting the owner, it is not a
requirement. It is a suggestion, hoping the neighbors will be neighborly and solve these
problems without calling the police on each other. There was no further discussion.
Supervisor Radford’s motion to approve the first reading and set the
second reading and public hearing for September 28, 2022 was seconded by
Supervisor Hooker and approved by the following vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
2. Ordinance amending Chapter 13 (Offenses - Miscellaneous),
Article I (In General), Section 13-5.5 (Urban archery hunting
season) of the Roanoke County Code (Rachel Lower, Senior
Assistant County Attorney)
Ms. Lower outlined the request for ordinance. There was no discussion.
Supervisor Hooker’s motion to approve the first reading and set the
second reading and public hearing for September 28, 2022 was seconded by
Supervisor Peters and approved by the following vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
3. Ordinance accepting and appropriating Transportation
Alternatives Set-Aside Program grant funds from the Virginia
Department of Transportation for Fiscal Years 2023 and 2024 in
the amount of $651,375 for the Glade Creek Greenway through
Vinyard Park West in the Vinton Magisterial District and in the
Town of Vinton (Megan G. Cronise, Assistant Director of
Planning)
Ms. Lower outlined the request for ordinance. There was no discussion.
Supervisor Peters’ motion to approve the first reading and set the second
reading for September 28, 2022 was seconded by Supervisor North and approved by
the following vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
September 13, 2022
768
IN RE: SECOND READING OF ORDINANCES
1. Ordinance of the Board of Supervisors of the County of Roanoke,
Virginia approving the lease financing of various capital projects
for the County and authorizing the leasing of certain County-
owned property, the execution and delivery of a prime lease and a
local lease acquisition agreement and finance lease and other
related actions (Laurie Gearheart, Director of Finance and
Management Services)
Ms. Gearheart outlined the request for ordinance and advised there were
no changes since the first reading on August 23, 2022. There was no discussion.
ORDINANCE 091322-4 OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF ROANOKE, VIRGINIA APPROVING THE LEASE
FINANCING OF VARIOUS CAPITAL PROJECTS FOR THE
COUNTY AND AUTHORIZING THE LEASING OF CERTAIN
COUNTY-OWNED PROPERTY, THE EXECUTION AND DELIVERY
OF A PRIME LEASE AND A LOCAL LEASE ACQUISITION
AGREEMENT AND FINANCING LEASE, AND OTHER RELATED
ACTIONS
WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke,
Virginia (the "County"), intends to finance all or a portion of the costs (or to reimburse
the County for payment of such costs) of various capital improvements, including (i) the
acquisition of land for and the construction and equipping of a new fire station to be
located on Mexico Way, Roanoke Virginia 24012 (the "Fire Station"); (ii) the site work,
construction, equipping and renovation of office space, a storage warehouse and
outdoor storage structures to relocate the County's Parks, Recreation and Tourism
administrative offices and shops; and (iii) the construction and reconstruction of a
portion of the County's roads, the installation of a telecommunications line and related
infrastructure and capital improvements at the County's Explore Park (collectively, the
"Projects");
WHEREAS, the Board has determined that it is in the best interest of the County
to enter into a lease arrangement in order to obtain funds to finance the Projects;
WHEREAS, the Board is authorized, pursuant to Section 15.2-1800 of the Code
of Virginia of 1950, as amended, to lease any improved or unimproved real estate held
by the County;
WHEREAS, the first reading of this ordinance was held on August 23, 2022 and
the second reading was held on September 13, 2022;
WHEREAS, Virginia Resources Authority ("VRA") intends to issue its
Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing
September 13, 2022
769
Program), Series 2022B (the "VRA Bonds"), and to provide a portion of the proceeds to
the County to finance the Projects pursuant to the terms of a Local Lease Acquisition
Agreement and Financing Lease (the "Financing Lease"), between the County and
VRA;
WHEREAS, the County will enter into a Prime Lease (the "Prime Lease") with
VRA whereby the County will lease certain real estate selected by the County
Administrator (expected to be the Fire Station and the County's Public Service Center
located at 5305 Hollins Road, Roanoke, Virginia 24019) (the "Real Estate") and the
associated improvements and property located thereon (the "Improvements") to VRA;
WHEREAS, the County will enter into the Financing Lease with VRA pursuant to
which VRA will lease the Real Estate and the Improvements back to the County and the
County will make rental payments corresponding in amount and timing to the debt
service on the portion of the VRA Bonds issued to finance the Projects (the "Rental
Payments");
WHEREAS, pursuant to the Financing Lease the County will undertake and
complete the Projects;
WHEREAS, the County intends to pay the Rental Payments out of appropriations
from the County's General Fund;
WHEREAS, the Financing Lease shall indicate that approximately $13,000,000
(or such other amount as requested by the County and approved by VRA prior to the
pricing of the VRA Bonds) is the amount of proceeds requested (the "Proceeds
Requested") from VRA;
WHEREAS, VRA's objective is to pay the County an amount which, in VRA's
judgment, reflects the market value of the Rental Payments under the Financing Lease
(the "VRA Purchase Price Objective"), taking consideration of such factors as the
purchase price to be received by VRA for the VRA Bonds, the issuance costs of the
VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA
(collectively, the "VRA Costs")) and other market conditions relating to the sale of the
VRA Bonds;
WHEREAS, such factors may result in the County receiving an amount other
than the par amount of the aggregate principal components of the Rental Payments
under the Financing Lease and consequently (i) the aggregate principal components of
the Rental Payments under the Financing Lease may be greater than the Proceeds
Requested in order to receive an amount of proceeds that is substantially equal to the
Proceeds Requested, or (ii) if the maximum authorized aggregate principal components
of the Rental Payments under the Financing Lease set forth in paragraph 4 of this
Ordinance does not exceed the Proceeds Requested by at least the amount of the VRA
Costs and any original issue discount, the amount to be paid to the County, given the
VRA Purchase Price Objective and market conditions, will be less than the Proceeds
Requested; and
WHEREAS, the Prime Lease and the Financing Lease are referred to herein as
the "Documents." Copies of the Documents are on file with the County Administrator.
September 13, 2022
770
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Approval of Lease-Leaseback Arrangement. The lease-leaseback
arrangement with VRA to accomplish the financing of the Projects is hereby approved.
The County Administrator is authorized to determine the Real Estate and
Improvements, as may be required by VRA, to be subject to the lease-leaseback
arrangement.
2. Approval of Prime Lease. The leasing of the Real Estate and the
Improvements by the County, as lessor, to VRA, as lessee, pursuant to the terms of the
Prime Lease is hereby approved.
3. Approval of the Financing Lease. The leasing of the Real Estate and
the Improvements by VRA, as lessor, to the County, as lessee, pursuant to the terms of
the Financing Lease is hereby approved.
4. Approval of the Terms of the Rental Payments. The Rental Payments
set forth in the Financing Lease shall be composed of principal and interest components
reflecting an original aggregate principal amount not to exceed $13,000,000, a true
interest cost not to exceed 6.00% per annum (taking into account any original issue
discount or premium) and a term ending no later than June 30, 2044.
It is determined to be in the best interest of the County to accept the offer of VRA
to enter into the Financing Lease with the County for an amount determined by VRA to
be fair, subject to the conditions set forth in this Ordinance, which Financing Lease shall
be executed by the Chairman of the Board (the "Chairman") and the County
Administrator, or either of them. Given the VRA Purchase Price Objective and market
conditions, it may become necessary to enter into the Financing Lease with aggregate
principal components of the Rental Payments greater than the Proceeds Requested. If
the limitation on the maximum aggregate principal components of Rental Payments on
the Financing Lease set forth in this paragraph 4 restricts VRA's ability to generate the
Proceeds Requested, taking into account the VRA Costs, the VRA Purchase Price
Objective and market conditions, the County Administrator is authorized to accept a
purchase price for the Bond at an amount less than the Proceeds Requested.
The Financing Lease, in substantially the form presented to this meeting, is
hereby approved, with such completions, omissions, insertions and changes not
inconsistent with this Ordinance as may be approved by the Chairman or the County
Administrator. The Chairman and the County Administrator, either of whom may act are
hereby authorized and directed to enter into the Financing Lease.
The actions of the Chairman and the County Administrator in accepting the final
terms of the Rental Payments shall be conclusive, and no further action shall be
necessary on the part of the Board.
5. Other Payments under Financing Lease. The County agrees to pay all
amounts required by the Financing Lease, including any amounts required by Section
5.1(b) of the Financing Lease, including the "Supplemental Interest," as provided in
such section.
September 13, 2022
771
6. Execution and Recordation of Documents. The Chairman and the
County Administrator, either of whom may act, are authorized and directed to execute
the Documents and deliver them to the other parties thereto. The Chairman and the
County Administrator, either of whom may act, are further authorized to cause the
Documents, to be recorded in the Clerk's Office of the Circuit Court of Roanoke County.
7. Form of Documents. The Documents shall be in substantially the forms
on file with the County Administrator, which are hereby approved with such completions,
omissions, insertions and changes as may be approved by the Chairman and the
County Administrator, either of whom may act, with the execution and delivery of the
Documents by the Chairman and/or the County Administrator constituting conclusive
evidence of the approval of any such completions, omissions, insertions, and changes.
8. Essentiality of the Projects and Real Estate. The Projects, the Real
Estate and the Improvements are hereby declared to be essential to the efficient
operation of the County, and the County anticipates that the Projects, the Real Estate
and the Improvements will continue to be essential to the operation of the County during
the term of the Financing Lease.
9. Annual Budget. While recognizing that it is not empowered to make any
binding commitment to make Rental Payments and any other payments required under
the Financing Lease beyond the current fiscal year, the Board hereby states its intent to
make annual appropriations for future fiscal years in amounts sufficient to make all such
payments and hereby recommends that future Boards do likewise during the term of the
Financing Lease. The Board directs the County Administrator, or such other officer who
may be charged with the responsibility for preparing the County's annual budget, to
include in the budget request for each fiscal year during the term of the Financing Lease
an amount sufficient to pay the Rental Payments and all other payments coming due
under the Financing Lease during such fiscal year. If at any time during any fiscal year
of the County throughout the term of the Financing Lease, the amount appropriated in
the County's annual budget in any such fiscal year is insufficient to pay when due the
Rental Payments and any other payments required under the Financing Lease, the
Board directs the County Administrator, or such other officer who may be charged with
the responsibility for preparing the County's annual budget, to submit to the Board at the
next scheduled meeting, or as promptly as practicable but in any event within 45 days, a
request for a supplemental appropriation sufficient to cover the deficit.
10. Rental Payments Subject to Appropriation. The County's obligation to
make the Rental Payments and all other payments pursuant to the Financing Lease is
hereby specifically stated to be subject to annual appropriation therefor by the Board,
and nothing in this Ordinance or the Documents shall constitute a pledge of the full faith
and credit nor taxing power of the County or compel the Board to make any such
appropriation.
11. Disclosure Documents. The County authorizes and consents to the
inclusion of information with respect to the County to be contained in VRA's Preliminary
Official Statement and VRA's Official Statement in final form, both to be prepared in
September 13, 2022
772
connection with the sale of the VRA Bonds. If appropriate, such disclosure documents
shall be distributed in such manner and at such times as VRA shall determine. The
County Administrator is authorized and directed to take whatever actions are necessary
and/or appropriate to aid VRA in ensuring compliance with Securities and Exchange
Commission Rule 15c2-12.
12. Tax Documents. The County Administrator and the Director of Finance,
either of whom may act, is authorized to execute a Nonarbitrage Certificate and Tax
Compliance Agreement and/or any related document (the "Tax Documents") setting
forth the expected use and investment of the proceeds of the VRA Bonds to be received
pursuant to the Documents and containing such covenants as may be necessary in
order for the County and/or VRA to comply with the provisions of the Internal Revenue
Code of 1986, as amended (the "Tax Code"), with respect to the VRA Bonds and the
Documents including the provisions of Section 148 of the Tax Code and applicable
regulations relating to "arbitrage bonds." The County covenants that the proceeds of
the VRA Bonds to be received pursuant to the Documents will be invested and
expended as set forth in the Tax Documents, to be delivered simultaneously with the
issuance and delivery of the Financing Lease and that the County shall comply with the
other covenants and representations contained therein.
13. Other Actions. All other actions of the officers of the County in
conformity with the purpose and intent of this Ordinance are hereby approved and
confirmed. The officers of the County are hereby authorized and directed to execute
and deliver all certificates and instruments and to take all such further action as may be
considered necessary or desirable in connection with the execution and delivery of the
Documents.
14. SNAP Investment Authorization. The County has heretofore received
and reviewed the Information Statement (the "Information Statement") describing the
State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the
Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"), and the
County has determined to authorize the Director of Finance to utilize SNAP in
connection with the investment of the proceeds of the lease-leaseback transaction if the
Director of Finance determines that the utilization of SNAP is in the best interest of the
County. The Board acknowledges that the Treasury Board of the Commonwealth of
Virginia is not, and shall not be, in any way liable to the County in connection with
SNAP, except as otherwise provided in the contract creating the investment program
pool.
15. Effective Date. This Ordinance shall take effect immediately.
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
September 13, 2022
773
2. Ordinance accepting and appropriating funds in the amount of
$102,200 for Fiscal Year 2023 for Shuttle Service to the National
Park Service's McAfee Knob Trailhead Parking Lot, Catawba
Magisterial District (Megan Cronise, Assistant Director of
Planning)
Ms. Cronise outlined the request for ordinance and advised there were no
changes since first reading held on August 23, 2022. There was no discussion.
ORDINANCE 091322-5 ACCEPTING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $102,200 FOR FISCAL YEAR 2023
FOR SHUTTLE SERVICE TO THE NATIONAL PARK SERVICE’S
MCAFEE KNOB TRAILHEAD PARKING LOT, CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, the National Park Service’s McAfee Knob Overlook is one of the
most highly visited locations along the Appalachian National Scenic Trail; and
WHEREAS, the proposed shuttle service was studied by the National Park
Service as the baseline service scenario in the February 2021 Appalachian National
Scenic Trail, Triple Crown Area Transit Feasibility Study; and
WHEREAS, the proposed shuttle service is included as part of Recommendation
1.Z. in the Roanoke Valley Transit Vision Plan, which was approved by the Roanoke
Valley Transportation Planning Organization on September 22, 2016; and
WHEREAS, the proposed shuttle service to the National Park Service’s McAfee
Knob Trailhead Parking Lot meets the goals of the Department of Rail and Public
Transportation (DRPT) Demonstration Project Assistance grant by offering a creative
approach in determining a new travel market for public transportation, as well as by
improving the utilization and productivity of an existing public transportation service with
a connection to the Smart Way bus route at the I-81 Exit 140 Park and Ride; and
WHEREAS, Roanoke County received $57,120 in Demonstration Project
Assistance grant funding through DRPT for fiscal year 2023, which provides eighty (80)
percent of net operating costs to operate the McAfee Knob Trailhead Shuttle; and
WHEREAS, Roanoke County agrees to provide $14,280 for fiscal year 2023,
which totals twenty (20) percent of net operating costs to match the DRPT operating
funding; and
WHEREAS, it is anticipated that $30,800 will be collected in fiscal year 2023 in
shuttle fares.
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 August 23, 2022, and
the second reading was held on September 13, 2022.
September 13, 2022
774
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $102,200 is accepted and appropriated for the purpose of
the McAfee Knob Trailhead Shuttle program.
2. That this ordinance shall take effect upon its adoption.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
3. Ordinance authorizing the approval of a new variable width
drainage easement to the Board of Supervisors of Roanoke
County, Virginia on property owned by Jennifer Lynn Fowler and
Bivian Budge Rierson, III, located at 0 Daugherty Road, Salem,
Virginia, for the purpose of drainage improvements, Catawba
Magisterial District (Tax Map No. 054.02-01-01.00-0000) (Tarek
Moneir, Director of Development Services)
Mr. Moneir outlined the request for ordinance and advised there were no
changes since the reading held on August 23, 2022. There was no discussion.
ORDINANCE 091322-6 AUTHORIZING THE APPROVAL OF A
NEW VARIABLE WIDTH DRAINAGE EASEMENT TO THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
ON PROPERTY OWNED BY JENNIFER LYNN FOWLER AND
BIVIAN BUDGE RIERSON, III, LOCATED AT 0 DAUGHERTY
ROAD, SALEM, VIRGINIA, FOR THE PURPOSE OF DRAINAGE
IMPROVEMENTS, CATAWBA MAGISTERIAL DISTRICT (TAX
MAP NO. 054.02-01-01.00-0000)
WHEREAS, it appears that improvements to a drainage system located at 0
Daugherty Road (Tax Map No. 054.02-01-01.00-0000), in the Catawba Magisterial
District, are needed; and
WHEREAS, in order to assist the property owner in making such drainage
system improvements, the County has requested that the property owner grant a new
30’ drainage easement to the County; and
WHEREAS, the property owner has agreed to convey the new 30’ drainage
easement to the 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
September 13, 2022
775
first reading of this ordinance was held on August 23, 2022, and the second reading and
public hearing was held on September 13, 2022.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the conveyance of a new 30’ drainage easement by Jennifer Lynn
Fowler and Bivian Budge Rierson, III to the Roanoke County Board of Supervisors, in
the Catawba Magisterial District, located at 0 Daugherty Road (054.02-01-01.00-0000),
containing approximately 1,814 square feet, is hereby authorized and approved.
2. That the County Administrator, or any Assistant County Administrator,
either of whom may act, are authorized to execute, deliver and record the deed, and
any other documents on behalf of the County, and to take all such further action as any
of them may deem necessary or desirable in connection with this project. The form of
the deed is hereby approved with such completions, omissions, insertions and changes
as the County Administrator may approve, whose approval shall be evidenced
conclusively by the execution and delivery thereof, all of which shall be approved as to
form by the County Attorney.
3. That this ordinance shall be effective from and after the date of its
adoption.
On motion of Supervisor Hooker h to adopt the ordinance, seconded by
Supervisor North and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
4. Ordinance accepting and appropriating funds in the amount of
$559,520 from the Virginia Department of Rail and Public
Transportation for the CORTRAN Program (Paula Benke,
CORTRAN Program Coordinator)
Ms. Benke outlined the request for ordinance and advised there were no
changes since the first reading held on August 23, 2022. There was no discussion.
ORDINANCE 091322-7 ACCEPTING FUNDS IN THE AMOUNT
OF $559,520 FROM THE DEPARTMENT OF RAIL AND PUBLIC
TRANSPORTATION AND APPROPRIATING SUCH FUNDS FOR
THE ADMINISTRATION OF THE CORTRAN PROGRAM
WHEREAS, the County of Roanoke Transportation (CORTRAN) program was
established in 1985 in order to help County residents remain in their homes and
independent, with curb-to-curb transportation from their homes to destinations within
Roanoke County, the City of Roanoke, the City of Salem, and the Town of Vinton; and
September 13, 2022
776
WHEREAS, the CORTRAN program is currently structured so that Roanoke
County residents are eligible to use the service if they are either 70 years of age or
older, or if they have a disability; and
WHEREAS, on March 8, 2022, the Board of Supervisors approved lowering the
eligible rider age to 65, effective on October 1, 2022; and
WHEREAS, Roanoke County received $538,000 in Federal Transit
Administration (FTA) Section 5310 grant funding through the Department of Rail and
Public Transportation for fiscal year 2023 to supplement County funds for the
CORTRAN program with a required local match of $21,520; 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 August 23, 2022, and
the second reading was held on September 13, 2022.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $559,520 is accepted from the Department of Rail and
Public Transportation and appropriated to the County’s grant fund for the
administration of the CORTRAN program.
2. That this ordinance shall take effect upon its adoption.
On motion of Supervisor North to adopt the ordinance, seconded by Supervisor
Peters and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance amending Section 13-4 of the Roanoke County Code,
clarifying and confirming the authority of the Virginia Department
of Wildlife Resources to issue certain permits for the taking of
wildlife in Roanoke County (Peter S. Lubeck, County Attorney)
Mr. Lubeck outlined the request for ordinance and advised there were no
changes since the reading held on August 23, 2022. There was no discussion.
Chairman Mahoney opened and closed the public hearing with no citizens
to speak on this agenda item.
ORDINANCE 091322-8 AMENDING CHAPTER 13 (OFFENSES—
MISCELLANEOUS), ARTICLE I (IN GENERAL), SECTION 13-4
(DISCHARGE OF FIREARMS OR ANY SIMILAR GUN OR
DEVICE, GENERALLY) OF THE ROANOKE COUNTY CODE
September 13, 2022
777
WHEREAS, the County Attorney has recently been contacted by counsel for the
Virginia Department of Wildlife Resources (DWR), who requested that the County clarify
the language in Section 13-4 of the County Code to include the taking of wildlife by
permit, in addition to authorized hunting activities; and
WHEREAS, the Virginia Department of Wildlife Resources (DWR) has historically
issued certain permits to County residents, when appropriate, authorizing the taking of
wildlife that are causing damage to property; such permits authorize the taking of wildlife
above limits imposed by the states' hunting regulations; and
WHEREAS, it is accordingly proposed that Section 13-4 be amended to clarify
and confirm the authority of the Virginia Department of Wildlife Resources to continue
its practice of issuing such permits to County citizens, as appropriate; and
WHEREAS, the first reading of this ordinance was held on August 23, 2022, and
the second reading and public hearing was held on September 13, 2022.
NOW THEREFORE BE IT ORDAINED by the Roanoke County Board of
Supervisors:
1. That Chapter 13 (Offenses—Miscellaneous), Article I (In General), Section 13-4
(Discharge of Firearms or Any Similar Gun or Device, Generally) of the Roanoke
County Code is hereby amended as follows:
Sec. 13-4. - Discharge of firearms or any similar gun or device, generally.
(a) It shall be unlawful for any person to shoot or discharge any firearm, or any
other similar gun or device within the limits of the county, except when
lawfully hunting or otherwise taking animals in accordance with the fish and
game laws of the state or when safely engaged in target practice or when
lawfully and safely engaged in shooting upon a range or gallery which has
been properly licensed or approved.
2. That this ordinance shall be in full force and effect immediately.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 091322-9 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
September 13, 2022
778
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
13, 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 5 inclusive, as follows:
1. Approval of minutes – May 10, 2022
2. Request to accept and allocate grant funds in the amount of $189,128 from
the Division of Motor Vehicles for the purpose of Selective Enforcement
3. Request to accept and allocate grant funds in the amount of $145,725 from
the Virginia Department of Criminal Justice Services Virginia Victim Witness
Fund
4. Request to approve the Board of Supervisors budget development calendar
for fiscal year 2023-2024
5. Confirmation of appointment to the Roanoke County Social Services Advisory
Board
6. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Nancy Gattoni, Senior Library Assistant, upon her
retirement after forty (40) years of service
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
A-091322-9.a
A-091322-9.b
A-091322-9.c
A-091322-9.d
RESOLUTION 091322-9.e EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO NANCY GATTONI, SENIOR LIBRARY ASSISTANT, UPON
HER RETIREMENT AFTER FORTY (40) YEARS OF SERVICE
WHEREAS, Nancy Gattoni was employed by Roanoke County on September 7,
1982; and
WHEREAS, Ms. Gattoni retired on September 1, 2022, after forty (40) years of
devoted, faithful and expert service to Roanoke County; and
WHEREAS, Ms. Gattoni, 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
September 13, 2022
779
WHEREAS, throughout Ms. Gattoni’s tenure with Roanoke County, she shared
her deep love for reading with her patrons and has read books to two generations of
children. She led the library’s youth services outreach efforts in the Hollins area,
bringing her exceptional story times, puppet shows, and other programs to children in
daycare. During the global pandemic, Ms. Gattoni learned new technologies and
continued providing engaging content on emerging digital platforms including story
times, experiments, and other library programs that brought joy to children and families
in our area during uncertain times. Ms. Gattoni served as the first staff person to
oversee youth services for the library system, and created many happy memories of
children experiencing the love of reading.
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 NANCY GATTONI for forty (40) 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 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: REPORTS
Supervisor Mahoney moved to receive and file the following reports. The
motion was seconded by Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Radford, Peters
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor North thanked the Fire and Rescue Team, Police Department
and the Department of Environmental Quality for all their efforts regarding the
overturned tanker in Hollins this past week. He is glad that no one was seriously hurt,
although he understands the truck driver had a few broken bones. Something like this
occurring at a later hour could have been more devastating to the Community and he
also asked staff to look into where we stand on the improvement of that intersection with
VDOT; thinks it was a long-term item and report back to the Board at the request of
September 13, 2022
780
several citizens and his curiosity. He listened this morning to the Appropriation
Committee in Richmond. They held an update on numerous reports. They had some
good news for the month of August; the Sales and Use Tax is up 7.2%, General Fund
Revenues were up 5.4%. Virginia is 2.6% below the pre-pandemic level in comparison
to our sister states in recovery. Secretary Cummins, Finance Director, indicated
JPMorgan predicts a soft landing with strength of jobs leading the way. So that is a
good sign as we look down towards the end of the year, first of the New Year. The
th
Governor will be presenting his budget on December 15 in Richmond. Next, Greg
Burns, who is the Tax Commissioner spoke and indicated that taxpayers who file
electronically can expect their $250 single or $500 joint return refunds to be made
th
between now and October 17. By the way, he heard updates on everything, but not a
word on education construction grants. The only thing he can think of is that they are
still working on the criteria and the parameters.
Supervisor Radford stated last week he attended the Visit Virginia’s Blue
Ridge annual event on the Roanoke City market with Supervisors Mahoney and
Hooker. We got to see a lot of the 2024 women’s cycling that is getting ready for Paris.
They had a big display set up where you could cycle and try it out. It was very
entertaining and a great networking for our regional partners with VVBR. Work has
begun on the Oak Grove Park behind Oak Grove Elementary School. It looks like they
are starting with the parking area and then continuing on with the work that is planned.
Also, a plug for the regional airport. He took a flight over this weekend and it was great
having the convenience to fly out of Roanoke and come back to Roanoke without
having to go elsewhere. He is impressed with the things the new executive director is
doing at the airport and recommends if you can fly out of Roanoke, you can get good
fares.
Supervisor Peters stated many in the County may know through the
school system that Supervisor North and I go to church with a wonderful lady, who
passed away last week. She was the principal at Clearbrook Elementary, Karen
Pendleton. She was a great asset to our school system. Everyone who worked with
her seemed to love her. Her husband passed away about 11-12 years ago and leaves
behind two (2) young daughters; please keep them in your prayers. Going back to the
tanker trailer that Supervisor North mentioned, there was a lot of debate on this Board
about having a towing advisory board. He thinks this illustrates one reason why that
was very much need. Having those resources readily available that have already been
vetted to come and handle an accident like that and thinks we have had a couple of
others, unfortunately. He is glad we did that. If anyone has looked at the news today,
inflation is continuing to rear its ugly head. He has voiced concern about this before
and he will voice it again today that while Roanoke County is in wonderful financial
shape; we have great leadership in our finance department. He raised his concern
again with as we look ahead to inflation that seems to not be letting up because
someone in Washington cannot understand basic economics that you cannot have
more money chasing the same number of goods because of inflation. If you do any
September 13, 2022
781
work with financial history, many times the prime rate has to get above inflation in order
to bring down inflation. The number this morning was 8.3% and the prime rate is
currently at 5 ½%. He thinks we have a lot of pain ahead of us making sure that
Roanoke County stays in the great financial shape that it is in. He knows our financial
policy as we look to borrow money, we have a 6% threshold there. Borrowing in the
future make become a challenge. Again, we have some wonderful, wonderful people in
our finance department along with administration who will keep us well. He thinks the
number in the report that came out yesterday that was concerning to him was that
housing is taking its steepest dive in 20 years. A large part of our tax revenues comes
from real estate and could pose a problem in the future. He is not trying to be a
pessimist, but also know that after being the financial world for 25 years, unfortunately,
he has seen this come before. Last, he is proud to sit here today as it was 30 years ago
today, he was voted into the Vinton First Aid Crew. He brings that up for the people that
may be watching this, if he can do it, anybody can do it! He has enjoyed working along
side of our police, other fire and rescue and many of the volunteers he started work with
back in the day are now a part of our career staff. One of them was in our Audit
Committee earlier today. He would hope that anyone watching this; find something to
do in your community and give back.
Supervisor Hooker stated we recently held the McAfee Knob Trailhead
shuttle ribbon cutting. It was an exciting day because of the use of the parking area at
the trailhead being way over capacity, especially in our peak seasons and it such a
beautiful area and it is so popular. She is very thankful for this opportunity, which is
grant and user funded as it is really going to be helpful especially we approach
construction for the pedestrian bridge. Thank you to all the people, Paula, Megan and
others who helped make this happen. On Sunday, she went to a 911 remembrance
service at Temple Baptist Church this past Sunday and it is heard to believe that
horrible days was 21 years ago and may we never forget and continue to honor those
who have sacrificed all for their Country and fellow citizens.
Supervisor Mahoney echoed Supervisor Radford comments how last
thth
week on September 8, three of us were able to attend Visit Virginia’s Blue Ridge 35
annual meeting. What was very moving to him was the speech of Kristin Armstrong.
She was a gold medal cycling winner at 2008, 2012, 2016 Olympics. She won gold in
that event. She gave a very moving and inspiring speech concerning the hurdles she
overcame and had to overcome. She and her husband were having a baby and the
Olympic officials were saying because she was a woman having a baby she could not
compete. She talked about having to overcome those different obstacles in order for
th
her to compete for the United Stated. Secondly, on August 26, he had the opportunity
th
with his family to attend the 50 anniversary celebration of Penn Forrest Elementary
School. All three of his children attended as well as his grandchildren. Many principals
and teachers were there from that time. It was a nice, wonderful celebration.
Unfortunately, the weather did not cooperate and it rained and we had to go inside. It
was a very nice event. Penn Forrest was one of those schools with open classrooms.
September 13, 2022
782
Back in the day, open classrooms were the thing in education; for some reason they
don’t like those classrooms these days. Nothing is permanent in the education
establishment.
Chairman Mahoney recessed to the third floor for work session at: 4:28
p.m.
IN RE: WORK SESSIONS
1. Work session to review strategic priorities and work plan with the
Board of Supervisors (Richard Caywood, County Administrator;
Rebecca Owens, Deputy County Administrator; Doug Blount,
Assistant County Administrator; Madeline Sefcik, Assistant to the
County Administrator)
Mr. Caywood provided an overview. Mr. Blount outlined the Economic
Development section of the presentation. Chairman Mahoney inquired if staff would be
working with EDA, Planning Commission with Mr. Blount responding in the affirmative.
Supervisor Radford inquired what is the timeline for the new Economic
Development Director with Mr. Blount advising staff is working on right now and hope to
have a new Director in the very near future.
Supervisor North commented there is a lot of get done in three (3) years.
He suggested that consultants bring a bill to the table, get staff from additional
departments. Second, consultants are going to be used, but you can engage higher
institutions, Hollins, VT and even Virginia Western. Mr. Blount responded staff will look
at multiple partners. Supervisor North added we have talented staff that can apply for
grants and maybe we need a grant writer.
Supervisor Caywood advised they would be looking at Supervisor
Radford’s suggestion of a Gantt Chart to monitor progress.
Supervisor Mahoney commented so many of these categories interact a
lot of these item could impact public education. He does not know to what degree long-
range planning is being done by the schools. If we could somewhat coordinate some of
this with school education. He would like to have some higher level coordination.
Mr. Blount reviewed Parks
Supervisor Hooker would like to capture as much having the teams come
in, i.e. food truck.
Discussion was held on having a “Roanoke County” event.
Mr. Caywood advised staff would do a work session about Explore Park
and Green Hill Park.
Supervisor Hooker commented education must include Economic
Development. Ms. Owens advised she would add and bring back to the Board.
The work session was held from 4:43 p.m. until 6:20 p.m.
September 13, 2022
783
IN RE: ADJOURNMENT
Chairman Mahoney adjourned the meeting at 6:21 p.m.
Submitted by: Approved by:
________________________ ___________________________________
Deborah C. Jacks Paul M. Mahoney
Chief Deputy Clerk to the Board Chairman
September 13, 2022
784
PAGE LEFT BLANK INTENTIONALLY