Loading...
2/14/2023 - Regular February 14, 2023 53 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 February 14, 2023. 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 Jake Hooker of Providence Presbyterian Church. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman Hooker called the meeting to order at 3:03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Martha B. Hooker; Supervisors Paul M. Mahoney, 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: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Steven A. McGraw, upon his retirement after more than 39 years of service (Richard Caywood, County Administrator; Rhonda Perdue, Clerk of Circuit Court) Resolution was read into the minutes by the Chief Deputy Clerk. All Supervisors offered their thanks and congratulations. February 14, 2023 54 RESOLUTION 021423-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO STEVEN A. MCGRAW, CLERK OF CIRCUIT COURT, UPON HIS RETIREMENT AFTER MORE THAN THIRTY-NINE (39) YEARS OF SERVICE WHEREAS, Steven A. McGraw was employed by Roanoke County on January 1, 1984; and WHEREAS, Mr. McGraw retired on February 1, 2023, after thirty-nine (39) years and one (1) month of devoted, faithful and expert service to Roanoke County; and WHEREAS, Mr. McGraw has served on the Board of Supervisors from 1984 through 1991, serving as Board Chairman in 1985 and 1991 and Board Vice Chairman in 1990. Mr. McGraw served with distinction on the Blue Ridge Region Commission, Sesquicentennial Committee, Roanoke Valley Cooperation Committee, Cablevision Committee, Cable Vision Negotiating Subcommittee and the Roanoke County Resource Authority. Mr. McGraw further served the citizens as President of the Virginia Association of Counties, President of the Blue Ridge Region of Virginia Inc., a member of the Grayson Commission and Chairman of the VACo/VML Task Force on Annexation. Mr. McGraw has served as Clerk of the Circuit Court from January 1992 through his retirement on February 1, 2023. Mr. McGraw served as President of the Virginia Court Clerks’ Association in 2001; and WHEREAS, Mr. McGraw, through his 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 Mr. McGraw's tenure with Roanoke County, he always enjoyed and is deeply appreciative of the constant support he received from his family, friends, staff members, co-workers and, especially the voters of Roanoke County. 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 STEVEN A. MCGRAW for more than thirty-nine (39) 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 North and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None February 14, 2023 55 2. Recognition of Regional Center for Animal Care and Protection (RCACP) employee of the year, Anna Riccio (Richard L. Caywood, County Administrator; Mike Warner, Interim Executive Director for the Regional Center for Animal Care and Protection; Melinda Rector, Director of Operations for the Regional Center for Animal Care and Protection) Recognition was given. IN RE: BRIEFINGS 1. Briefing the Board of Supervisors with an annual update from the Greater Williamson Road Area Business Association (Valerie Brown, Executive Director, Greater Williamson Road Area Business Association) Briefing was given and video was shown. IN RE: NEW BUSINESS 1. Resolution directing the Roanoke County Planning Commission to study and make recommendations regarding potential amendments to Section 30-82-13.1 of the Roanoke County Code (the County's Cluster Subdivision Ordinance) (Peter S Lubeck, County Attorney) Mr. Lubeck outlined the request for resolution on behalf of Mr. Mahoney. Supervisor Mahoney stated he had asked Mr. Lubeck to prepare this resolution and chatted with Philip Thompson, Director of Planning to get a better idea of the historical uses. It appears it has been used a few times; he does not think it met the original intent when the County adopted this many years ago. He was approached by a builder who raised questions and hew wanted to look into. At the same time, he has been reading a lot and there are a lot of criticisms of local governments with respect to our land use ordinances that make it difficult for new housing and we do not have a lot of easily developable land left in Roanoke County. A lot of remaining parcels have steep slopes or conservation areas or water shed areas. There is flat areas that could be conserved and have a more dense development. There are downsides to high density development, so he would like the Planning Commission to look at the County’s cluster ordinance provision in our code and see if we can be more welcoming and usable. February 14, 2023 56 Supervisor Radford indicated he was around during that time and there was a heavy influence to preserve open space and we looked at different scenarios. He agrees with the developer and thinks this will better and enable us to be more efficient with our remaining plans. There was no further discussion. RESOLUTION 021423-2 DIRECTING THE ROANOKE COUNTY PLANNING COMMISSION TO STUDY AND PROVIDE RECOMMENDATION REGARDING WHETHER TO AMEND THE PROVISIONS OF SECTION 30-82-13.1 (THE COUNTY’S CLUSTER SUBDIVISION ORDINANCE) WHEREAS, Section 30-82-13.1 of the Roanoke County Code sets forth the County’s “Cluster Subdivision Option” for the development of single-family dwellings; and WHEREAS, the intent of the ordinance is to facilitate the preservation of viewsheds and conservation areas by allowing, under certain conditions, such areas to be combined with a higher, but more compact level of development; and WHEREAS, the Cluster Subdivision Ordinance is seldom used in developing neighborhood; and WHEREAS, it has been proposed that the Board refer this matter to the Planning Commission for review and recommendation as to whether the provisions of this ordinance could be reasonably expanded so as to expand its use while preserving its intent and purpose. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that this matter (whether to amend Section 30-82-13.1 of the Count Code) be referred to the Planning Commission for study and recommendation. On motion of Supervisor Mahoney to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None IN RE: FIRST READING OF ORDINANCES 1. Ordinance amending the fiscal year 2022-2023 budget for the General Operating Revenues and Expenditures by $6,000,000 and appropriating $5,000,000 to the County's Capital Fund and $1,000,000 to the General Government Fund (Steve Elliott, Budget Administrator) Mr. Elliott explained the request for ordinance. There was no discussion. February 14, 2023 57 Supervisor North’s motion to approve the first reading and set the second reading for February 28, 2023 was seconded by Supervisor Radford and approved by the following vote: AYES: Supervisors Mahoney, North, Radford, Hooker NAYS: Supervisor Peters 2. Ordinance accepting $170,081 from the Virginia Office of Emergency Medical Services (OEMS) Rescue Squad Assistance Fund (RSAF) and appropriating such funds, along with a local match of $170,081 to the grant fund; accepting $216,831.85 from the Virginia Department of Emergency Management (VDEM) and appropriating such funds to the Capital Fund; accepting $100,000 from the Local Assistance and Tribal Consistency Fund (LATCF) and appropriating such funds to the grant fund; and Reallocating $396,507.15 from the County Capital Reserves with $217,507.15 going to the grant fund and $179,000 staying within the capital fund; for the purchase of two (2) ambulances for the Fire & Rescue Department and to complete the replacement of firearms for the Police Department (C. Travis Griffith, Chief of Fire & Rescue; Mike Poindexter, Chief of Police; Laurie Gearheart, Director of Finance and Management Services) Ms. Gearheart outlined the request for ordinance. There was no discussion. Supervisor Peters’ motion to approve the first reading and set the second reading for February 28, 2023, was seconded by Supervisor Mahoney and approved by the following vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None IN RE: CONSENT AGENDA RESOLUTION 021423-3 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: February 14, 2023 58 That the certain section of the agenda of the Board of Supervisors for February 14, 2023, designated as Item H- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 inclusive, as follows: 1. Approval of minutes – October 10, 2022 2. Ordinance accepting and appropriating $250,000 to the fiscal year 2022-2023 Roanoke County Public Schools Capital Fund and re-allocating $65,000 from the Minor Capital Reserves for the Virginia Department of Education Security Equipment Grant (Second Reading) 3. Confirmation of appointment to the Roanoke County Board of Building Code Adjustment and Appeals Board (At-Large), Roanoke County Social Services Advisory Board (District) On motion of Supervisor Mahoney to adopt the resolution, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None ORDINANCE 021423-3.a ACCEPTING AND APPROPRIATING $250,000 TO THE FISCAL YEAR 2022-2023 ROANOKE COUNTY PUBLIC SCHOOLS CAPITAL FUND AND RE- ALLOCATING $65,000 FROM THE MINOR CAPITAL RESERVES FOR THE VIRGINIA DEPARTMENT OF EDUCATION SECURITY EQUIPMENT GRANT WHEREAS, the Virginia Department of Education has awarded Roanoke County Public Schools $250,000 from the 2022-2023 School Security Equipment Grant Program authorized by the 2013 General Assembly; and WHEREAS, these funds are approved for the purchase and installation of certain school security equipment as requested for Burlington Elementary, Herman L. Horn Elementary and Northside High School; and WHEREAS, school divisions must purchase the funded security equipment, which may include equipment for school buses, building modifications, and fixtures such as security vestibules, within six months of the notification of the grant award or by March 1, 2023; and WHEREAS, a local match of $62,500, which is 25% of the grant award, is required, and an additional $2,500 is needed to meet the total estimated costs of the projects. The additional $65,000 will be appropriated from Minor Capital Reserves; 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 January 24, 2023, and the second reading was held on February 14, 2023. February 14, 2023 59 BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the sum of $250,000 is hereby accepted and appropriated to the Roanoke County Public Schools Capital Fund. 2. That the sum of $65,000 be re-allocated from the Minor Capital Reserves to the Roanoke County Public Schools Capital Fund. 3. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor Mahoney to adopt the ordinance, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None A-021423-3.b IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS William Skaff of 4815 Farmington Place Court in Roanoke provided the following statement, “At the Barnett Rezoning Application Hearing, capitalism was given as a reason for eliminating residential zoning and approving commercial development. According to then Chairman Mahoney, for instance, competition takes precedence, and need is irrelevant, using the memorable comparison of grocery stores to car washes. What role does capitalism play in our constitutional republic, and, in turn, what role should capitalism play in our zoning decisions? Capitalism is economic democracy. It is the appropriate economic system for our country, for a freedom loving people. But, as Milton Friedman observed, “While necessary for freedom, capitalism alone is not sufficient to guarantee freedom. It must be accompanied by a set of values and by political institutions favorable to freedom.” The free enterprise system occupies a particular place in the United States government. We are a constitutional republic, neither a pure democracy as was Athens, nor a pure capitalist system first defined by Adam Smith. The Declaration and the Constitution override our economic system, which operates, theoretically and legally, under them. Both documents enumerate certain God-given, unalienable rights. These rights include the right to property, according to Locke, which Jefferson broadened in the Declaration as happiness. These rights were incorporated in the Constitution as “life, liberty, or property” in the Fifth Amendment and later repeated in the Fourteenth. Zoning and future land use planning are our way of protecting the rights of all property owners—both those who are already dwelling in homes as well as those who want to build commercially. Thus, capitalism and competition are secondary and should not determine our zoning decisions alone, because the right to property and happiness in our founding and framing documents take precedence. They guarantee quality of life. Unfortunately, the majority vote at the Barnett Rezoning Hearing did not consider our unalienable rights. The Motion to February 14, 2023 60 Approve, voted on favorably by three Supervisors, says the rezoning request is “good zoning practice,” which is inaccurate factually, much less analytically. Everything from current zoning to Future Land Use Designations to surrounding residential properties to limited traffic infrastructure proclaims residential. The County has repeatedly stated, even by Supervisor North at the Hearing, that we need more residential development. The Motion to Deny actually portrays the reality: the rezoning request “Is inconsistent with the purpose and intent of the County’s adopted comprehensive plan and good zoning practice.” And if “need” is not a factor in rezoning decisions, then someone should have told that to the Economic Development Department under Jill Loop, because her assessment that the Barnett project will be “providing new retail shopping opportunities for residents” is all about need, however preposterous. From the standpoint of need, the adverse impact of this vote is broader than on those who will live and travel in the grocery store’s vicinity. By preventing residential development at this site, this vote will deprive numerous County residents of needed housing opportunities. But at least they will now have three grocery stores within two minutes of each other. In community planning, accurately assessing need, realistically evaluating infrastructure, and preserving established neighborhoods are paramount. To make zoning decisions in favor of commercial developers, when the facts are contrary and point to the opposite conclusion, is to govern according to the benefit of special interests, not County residents. It is socialism, not capitalism, and, as such, counter to the American system of government.” IN RE: REPORTS Supervisor Mahoney moved to receive and file the following reports. The motion was seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report 3. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of December 31, 2023 4. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of January 31, 2023 5. Proclamation signed by the Chairman – Congenital Heath Disease Awareness Week IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS February 14, 2023 61 Supervisor Radford stated in Mr. Caywood’s weekly report last week, he showed a video of Development and Community Planning Departments; he appreciated Richard highlighting them. He commented on Bob Atkinson and Denise Sowder and how he appreciates both. He then stated he has been getting a lot of calls, emails and texts from citizens about the tax rate and the impact on their ability to pay. The Board will be taking a look at. Supervisor Peters added to piggy-back to what Supervisor Radford mentioned about the tax rate. He sits in the public every day and anyone who says they have trouble getting to him, he finds it funny because it isn’t hard to find me on Hardy Road in Vinton, but he has had a lot of conversations with citizens in Mt. Pleasant, the Bonsack area and of course the ones in the Vinton area. He has talked to a lot of people and so he started thinking about the fact that is has been about 15 years since we reduced the tax rate in Roanoke County. He thought about what has taken place in those 15 years; a lot of good things have happened. The County has maneuvered very well through a recession, though the COVID issues we experienced a few short years ago. We bolstered the County pay, especially for our public safety. He is proud to say this Board has stood beside our public safety when it wasn’t “cool.” He is glad that we have done that. We have continued building County buildings and our schools, but then when he looks at the last ten years where we went from borrowing $10 million annually to in 2027, we will be borrowing $20 million annually. The last two (2) years we have had substantial surpluses at the end of each year and last year, we had $12 million, roughly, that we still have not spent, which is why he voted no on amending our current budget when he feels we have surplus monies rather than amending budgets. He is not in favor of amending budgets mid-year. We do work for our citizens and think to this point we have done the right thing. We have maintained our buildings. We have increased public safety. We have done what we have to do to keep out citizens safe. Now, he believes it is time we give back to our citizens. We have put forth a debt plan that will take on the $20 million. We know the operational costs of adding 18 more firefighters, which is currently in our budget. He is here to say that he is hearing form out citizens; he projects we are going to reap about $11 million more in real estate revenue. He projects probably about $8 to $9 million in personal property. We heard from Steve Elliott earlier that about all of our categories, cigarette tax, personal property, real estate, everything is above budget. He would like to see what a budget would look like if we reduce the real estate tax by five cents and personal property 20 to 30 cents. It is by his estimation that would be less than $10 million. Roanoke County would still have more than $10 million in new surplus to continue to provide the services to the County. He does not know if it will work, but he is had enough conversation and going over these figures with the constituents that he represents that he thinks we owe it to them to make sure that we are looking at it. As he has shared with all of them, after he reviewed the information, to this point we have done a fantastic job. Our staff has done a fantastic job, our employees are doing a fantastic job, but when you start having that much of surplus year after year, he thinks we are dipping too much into the pockets of February 14, 2023 62 our citizens and as the inflation report came out again this morning, they are taking home less of their pay because they are having to spend it on the items to keep their families afloat. Supervisor North stated he was going to talk about the tax situation on more of a generic levels. Basically, he has responded to folks that have called him, written to him, appreciating their concern on their own assessments. His went up too this year and none of us on the Board were immune to that. As he indicated to some of th the folks, we are not going to make a determination on real estate taxes until April 11. Between now and then, we are going to work with staff, analyze the many budget needs and what steps are responsible to address their concerns; not only in the real estate arena, but also personal property. So, we will be looking forward to those dialogs and conversations. A couple of folks, and he went and checked their numbers, one person’s went up $900, more taxes; another $768 and so there are substantial amounts on the real estate. We need to do something and he is sure we will do something in the direction of lower tax rates. In General Assembly news, bills are falling on the floor; if you went down there with 15, you might be lucky to have one or two left. In the next two weeks, they are going to try to negotiate a new budget amendment to the existing budget. I81 improvements, the Senate says $250 million, but does not say where along the corridor of I81, the House versions says $150 million, between exits 150 and 143, and as you know the SmartScale project failed where we tried to get $300 million plus repair to make it three lanes between Ironto and Salem. So, something is going to happen. He believes $150 million is additional money needed to complete the projects from 150 and 143. Look at what inflation has done to our interstate and other roads. The Catawba bill that Chairman Hooker and he has been following comes before the Senate Education Committee at 8:00 a.m. this Thursday. We have lobbied quite hard; thank you Mr. Lubeck for contacting the influential people on the Senate Education Committee. The Alleghany Regional Commission has also done the same. It looks like they are only going to give us $15 million if it passes and stays in the budget for planning going forward and we called for a joint meeting of the Regional Commission and other CEO’s and chairs throughout the valley to come up sometime in March, we hope, to find out we can contribute, not only from the opioid authority, but also from the monies coming in from the different localities because he is sure the General Assembly is looking for some skin in the game next year when this comes back up to get full funding, which is probably about another $130 million just for Phase I. Lastly, as he was pursuing through the details, he found a $20 million budget item that was put in by the House on a bipartisan basis by Senator Lucas and two delegates and it was bipartisan because of the delegates was republican and the other democrat to fund $20 million for the Chesapeake, Norfolk and Portsmouth CTE school. We are going to following this closely because what is going to happen, it that succeeds and he thinks it probably will, we are going to use that as a template to share with our schools to come back next year and try to do the same thing. Our CTE school is going to have a regional flavor. February 14, 2023 63 Chairman Hooker recessed to the 3rd floor at 4:04 p.m. for work session. IN RE: WORK SESSIONS 1. Work session to provide the Board of Supervisors with an Economic Update (Dr. Alice L. Kassens, Professor of Economics for Roanoke College) Dr. Kassens provided a PowerPoint presentation. The work session was held from 4:16 p.m. until 5:02 p.m. 2. Work session to review with the Board of Supervisors fiscal year 2023-2024 projected General Government Fund operating budget revenues and review updates to the County of Roanoke Fee Compendium (Steve Elliott, Budget Administrator; Laurie Gearheart, Director of Finance and Management Services) Ms. Gearheart and Mr. Elliott provided the PowerPoint presentation. Ms. Gearheart went into more detail regarding the surplus. The work session was held from 5:07 p.m. until 5:48 p.m. IN RE: ADJOURNMENT Chairman Hooker adjourned the meeting at 5:49 p.m. b itted by: Approved by: ,3 >b` D- : _ :h C. Jac Nr Martha B. Hooker Chief Deputy CI r to the Board Chairman February 14, 2023 64 PAGE LEFT BLANK INTENTIONALLY