2/28/2023 - Regular
February 28, 2023
55
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 February 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 Jeff Allen of Parkway
House of prayer provided an invocation. 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: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Peter Lubeck withdrew item H-2 - The petition of Sovereign Grace
Community Church, Inc. to obtain a special use permit for religious assembly located on
approximately 1.29 acres of land zoned C-2, High Intensity Commercial District, located
at 4167 Electric Road, Cave Spring Magisterial District. There were no objections.
February 28, 2023
56
IN RE: NEW BUSINESS
1. Resolution approving an interim Agreement between Roanoke
County and G&H Contracting, Inc. regarding pre-construction
services for the Bonsack fire station (Peter S Lubeck, County
Attorney)
Mr. Lubeck outlined the request for resolution. Also, in attendance were
George Assaid, Capital Projects Administrator, and Heath Honaker, Purchasing Division
Director. Mr. Lubeck noted that the reference to exhibit 8 should be to exhibit 4.
Supervisor North asked for a timeline of completion with Mr. Assaid
advising it should be a twelve (12) month construction process and are looking at July
2024 for occupancy.
Supervisor Radford asked if this was preconstruction services that you
give us before the hard contract with Mr. Assaid responding in the affirmative, noting
they could come back with another interim agreement. Supervisor Radford then asked
if a site engineer has been selected with Mr. Assaid responding that is part of Hugh and
Associates.
RESOLUTION 022823-1 APPROVING AN INTERIM
AGREEMENT BETWEEN THE COUNTY AND G&H
CONTRACTING, INC. REGARDING PRE-CONSTRUCTION
SERVICES FOR THE BONSACK FIRE STATION
WHEREAS, at the County Administrator’s direction, a request for proposals
pursuant to the Public-Private Education Facilities and Infrastructure Act (PPEA) was
issued for the construction of a new County fire station which will be located at 1465
Mexico Way, NE in the City of Roanoke, which fire station shall be known as the
Bonsack Fire Station; and
WHEREAS, following the receipt of proposals, the Board, on October 20, 2022,
held a public hearing to receive citizen comments on such proposals, as required by the
County’s adopted PPEA Guidelines; and
WHEREAS, following the process of competitive negotiation, County purchasing
staff selected G&H Contracting Inc. as the party with whom to pursue the design and
construction of the Bonsack Fire Station; and
WHEREAS, pursuant to the County’s PPEA Guidelines, the Board of Supervisors
must approve any interim or comprehensive agreement entered into pursuant to the
PPEA between the County and a private entity; and
WHEREAS, it is proposed that the County enter into an interim agreement with
G&H Contracting, Inc., for pre-construction services, which includes, among other
services, site plan design, site permitting review and approvals, and building design
development for the Bonsack Fire Station; and
February 28, 2023
57
WHEREAS, following the completion of the services outlined in the interim
agreement (which is anticipated to be in June or July 2023), it is expected that the
Board will be again be asked to approve a comprehensive agreement for the
construction of the Bonsack Fire Station.
NOW, THEREFORE, BE IT RESOVLED by the Board of Supervisors of
Roanoke County, that
1. The County Administrator, Deputy County Administrator or Assistant County
Administrator is authorized to execute the proposed interim agreement with
G&H Contracting, Inc., for pre-construction services for the Bonsack Fire
Station, which shall be approved as to form by the County Attorney.
2. This resolution shall be effective upon its adoption.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
2. Resolution approving Roanoke County’s participation in the
proposed settlement of opioid-related claims against Teva,
Allergan, Walmart, Walgreens, CVS, and their related corporate
entities, and directing the County Attorney and/or the County’s
outside counsel to execute the documents necessary to
effectuate the County’s participation in the settlements (Peter S
Lubeck, County Attorney)
Mr. Lubeck outlined the request. Supervisor Peters asked what would
happen if we do not accept. Mr. Lubeck advised first of all we would not be entitled to
the benefit of the settlement and would be considered in active litigation with this
defendant. Secondly, if 100% participation is not received, the payments will be
stretched out over a number of years at a lower rate. Supervisor Hooker inquired if the
money is regulated on how we can spend with Mr. Lubeck advising in the affirmative.
RESOLUTION 022823-2 APPROVING ROANOKE COUNTY’S
PARTICIPATION IN THE PROPOSED SETTLEMENT OF
OPIOID-RELATED CLAIMS AGAINST TEVA, ALLERGAN,
WALMART, WALGREENS, CVS AND THEIR RELATED
CORPORATE ENTITIES, AND DIRECTING THE COUNTY
ATTORNEY AND/OR THE COUNTY’S OUTSIDE COUNSEL TO
EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE
THE COUNTY’S PARTICIPATION IN THE SETTLEMENTS
February 28, 2023
58
WHEREAS, the opioid epidemic that has cost thousands of human lives across
the country also impacts the County by adversely impacting the delivery of emergency
medical, law enforcement, criminal justice, mental health and substance abuse
services, and other services by the County’s various departments and agencies; and
WHEREAS, the County has been required and will continue to be required to
allocate substantial taxpayer dollars, resources, staff energy and time to address the
damage the opioid epidemic has caused and continues to cause the citizens of the
County; and
WHEREAS, the County has filed suit against Teva, Allergan, Walmart,
Walgreens, CVS, and certain of their related corporate entities for their role in the
distribution, manufacture, and sale of the pharmaceutical opioid products that have
fueled the opioid epidemic that has harmed the County; and
WHEREAS, the County’s suit seeks recovery of the public funds previously
expended and to be expended in the future to abate the consequences and harms of
the opioid epidemic; and
WHEREAS, settlement proposals have been negotiated that will cause Teva,
Allergan, Walmart, Walgreens, and CVS to pay billions of dollars nationwide to resolve
opioid-related claims against them; and
WHEREAS, the County has approved and adopted the Virginia Opioid
Abatement Fund and Settlement Allocation Memorandum of Understanding (the
“Virginia MOU”), and affirms that these pending settlements with Teva, Allergan,
Walmart, CVS, and Walgreens shall be considered “Settlements” that are subject to the
Virginia MOU, and shall be administered and allocated in the same manner as the
opioid settlements entered into previously with the Distributors and Janssen; and
WHEREAS, the County’s outside opioid litigation counsel has recommended that
the County participate in the settlements in order to recover its share of the funds that
the settlement would provide; and
WHEREAS, the County Attorney has reviewed the available information about
the proposed settlements and concurs with the recommendation of outside counsel.
NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of
Roanoke County, this 28th day of February 2023, approves of the County’s participation
in the proposed settlement of opioid-related claims against Teva, Allergan, Walmart,
Walgreens, CVS, and their related corporate entities, and directs the County Attorney
and/or the County’s outside counsel to execute the documents necessary to effectuate
the County’s participation in the settlements, including the required release of claims
against settling entities.
On motion of Supervisor North to adopt the resolution, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
February 28, 2023
59
IN RE: PUBLIC HEARING
1. Public hearing to receive citizen comments regarding proposed
amendments to the fiscal year 2022-2023 budget in accordance
with Code of Virginia Section 15.2-2507. (Steve Elliott, Budget
Administrator)
Mr. Elliott outlined the request for public hearing.
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this agenda item.
IN RE: FIRST READING OF ORDINANCES
1. Emergency ordinance appropriating an additional $3,807,876.66
from the Roanoke County Public Schools' fiscal year 2021-2022
year-end funds to the fiscal year 2022-2023 Roanoke County
Public Schools Budget (Due to time constraints for the project, it
is requested that the second reading be dispensed with upon an
affirmative vote of 4/5ths of the members of the Board, and that
this matter be deemed an emergency measure pursuant to
Section 18.04 of the Roanoke County Charter) (Susan Peterson,
Director of Finance for Roanoke County Public Schools)
Ms. Peterson outlined the request for the emergency ordinance. There
was no discussion.
EMERGENCY ORDINANCE 022823-3 APPROPRIATING AN
ADDITIONAL $3,807,876.66 FROM THE ROANOKE COUNTY
PUBLIC SCHOOLS’ FISCAL YEAR 2021-2022 YEAR-END
FUNDS TO THE FISCAL YEAR 2022-2023 ROANOKE COUNTY
PUBLIC SCHOOLS’ BUDGET
WHEREAS, § 22.1-100 of the Code of Virginia states that, at the end of each
fiscal year, all unexpended public school funds that were derived from the funds of the
local governing body shall revert back to the governing body, and that it is within the
local governing body’s discretion to then reappropriate such funds back to the school
budget for the next year; and
WHEREAS, the County Board of Supervisors approved an ordinance on January
10, 2023 to reappropriate $61,460,835.43 to the Roanoke County Public Schools’ fiscal
year 2022-2023 budget; and
February 28, 2023
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WHEREAS, upon preparation of the carryover budget entry, it was determined
certain HVAC projects funded through ESSER grants were not included in the total
carryover balance; and
WHEREAS, an additional appropriation of $3,807,876.66 is requested for these
unspent multi-year grant projects; 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 February 28, 2023,
and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of
the members of the Board, this being deemed an emergency measure pursuant to
Section 18.04 of the Roanoke County Charter.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the Roanoke County School Board’s additional unexpended fiscal
year 2021-2022 year-end funds in the amount of $3,807,876.66 are
appropriated to the School Board’s fiscal year 2022-2023 budget.
2. An emergency is deemed to exist and this ordinance shall take effect upon
its adoption.
On motion of Supervisor Peters to adopt the ordinance as an emergency
measure and waiving the second reading with a 4/5ths vote; seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Peters, Hooker, North, Radford, Mahoney
NAYS: None
2. Ordinance approving and authorizing an Amended Agreement
with the City of Salem to allow Roanoke County to act as the
Erosion and Sediment Control Authority and the Virginia
Stormwater Management Program Authority for the West
Roanoke River Greenway, Phase 1 (VDOT UPC No. 97171),
located in the City of Salem and in the Catawba Magisterial
District (Megan G. Cronise, Assistant Director of Planning)
Ms. Cronise outlined the request for ordinance. There was no discussion.
Supervisor Hooker’s motion to approve the first reading and set the
second reading for March 14, 2023 was seconded by Supervisor Radford and approved
by the following vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
February 28, 2023
61
3. Ordinance approving and authorizing an Agreement for
construction and maintenance of the West Roanoke River
Greenway Phase 1 (VDOT UPC No. 97171) Project with the City of
Salem (Megan G. Cronise, Assistant Director of Planning)
Ms. Cronise outlined the request for ordinance.
Supervisor Hooker’s motion to approve the first reading and set the
second reading for March 14, 2023, was seconded by Supervisor North and approved
by the following vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. 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 from capital reserves 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 an additional
$226,426.15 from the County Capital Reserves with $47,426.15
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 (Laurie Gearheart, Director of Finance
and Management Services)
Ms. Gearheart outlined the request for ordinance noting some of the
wording in the ordinance changes, but not the amount. Supervisor Mahoney noted it is
good to spend other people’s money. He added he gives credit to staff for the grant
funding. Supervisor North asked what brand of guns are we using today, with Chief
Poindexter advising they are carrying Glocks and will be switching to Staccato. There
was no further discussion.
February 28, 2023
62
ORDINANCE 022823-4 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 FROM
CAPITAL RESERVES 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
RE-ALLOCATING AN ADDITIONAL $226,426.15 FROM THE
COUNTY CAPITAL RESERVES WITH $47,426.15 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
WHEREAS, it is the recommendation of Roanoke County Fire and Rescue Chief
that the County acquire two (2) new ambulances, which are expected to cost $704,420
($352,210 each); and
WHEREAS, The Vinton Volunteer First Aid and Rescue applied for and received
a grant of $170,081 from the Virginia Office of Emergency Medical Services (OEMS)
Rescue Squad Assistance Fund (RSAF), with a required local match, to assist with the
purchase of an ambulance; and
WHEREAS, during the COVID-19 pandemic, the County submitted a request to
be reimbursed for costs incurred by the County in response to the pandemic through the
Federal Emergency Management Agency (FEMA), which is passed through the Virginia
Department of Emergency Management (VDEM), and the amount reimbursed to the
County was $216,831.85, which funds may be used for general government
expenditures and capital needs. It is proposed that such funds also be used towards the
purchase of the needed ambulances; and
WHEREAS, the County was made aware of additional funding available through
the Local Assistance and Tribal Consistency Fund (LATCF), a general revenue
enhancement program providing additional assistance to eligible revenue sharing
counties and eligible Tribal governments created as part of the American Rescue Plan
Act. The County has been allocated $100,000, with the first $50,000 already received,
and the second $50,000 to be paid in calendar year 2023, which monies can be used
for programs, services and capital expenditures traditionally undertaken by a
February 28, 2023
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government and considered to fulfill a “governmental purpose,” and it is proposed that
such funds also be used towards the purchase of the needed ambulances; and
WHEREAS, During the fiscal year 2023-fiscal year 2032 Capital Improvement
Program the County appropriated $200,000 to replace the Police Department issued
firearms due to their life cycle reaching the end of expectancy as well as a history of
issues with this weapon, and with the rising costs due to inflation and supply demands it
has been determined additional funding in the amount of $179,000 is needed to
complete the replacement. It is proposed that funds from the County’s capital reserves
be reallocated to the capital fund for this expense; 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 February 14, 2023,
and the second reading was held on February 28, 2023.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That in order to fund the purchase of two new ambulances for the Fire and
Rescue Department:
a. The sum of $170,081 from RSAF is accepted and appropriated to the
Grant Fund. The County’s matching sum of $170,081 is reallocated
from Capital Reserves to the Grant Fund.
b. The sum of $100,000 from LATCF is accepted and appropriated to the
Grant Fund.
c. That the sum of $216,831.85 is accepted from VDEM and appropriated
to the Capital Fund and then transferred to the Grant Fund.
d. That the additional sum of $47,426.15 is reallocated from Capital
Reserves to the Grant Fund.
2. That in order to complete the funding to purchase new firearms for the
Police Department, the sum of $179,000 is reallocated from Capital
Reserves to the Capital Fund.
3. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor North to adopt the ordinance, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
2. 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)
February 28, 2023
64
Mr. Elliott outlined the request for ordinance advising there were no
changes since the first reading held on February 14, 2023.
Supervisor Peters commented he did not support this two weeks ago and
has a hard time supporting and amending the current budget when we have the $12
million of surplus the entire year for capital needs. He thinks there are better use of
these funds than amending the current budgets. There was no further discussion.
ORDINANCE 022823-5 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 GOVERNEMNT FUND
WHEREAS, the County Administrator proposed the fiscal year 2023 operating
budget on March 8, 2022; and
WHEREAS, the proposed original fiscal year 2023 operating budget was adopted
by the Board, by Resolution 051022-3, on May 10, 2022; and
WHEREAS, as the Board of Supervisors amended the fiscal year 2023 operating
budget on July 26, 2022 by Resolution 072622-2 following the adoption of the biannual
Commonwealth of Virginia budget; and
WHEREAS, County staff, in January 2023, have conducted a mid-year review of
general government revenues; current revenues are trending above the revised and
adopted budget, and a surplus is anticipated; and
WHEREAS, it is proposed that the County’s 2022-2023 budget be amended and
increased by $6,000,000; and
WHEREAS, $500,000 will be appropriated for tax relief for the elderly and
handicapped and disabled veterans, $500,000 will be appropriated for contracted
repairs and $5,000,000 will be appropriated to the County’s Capital Fund; and
WHEREAS, the first reading of this ordinance was held on February 14, 2023,
and the second reading was held on February 28, 2023.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The County’s 2022-2023 Budget for general operating revenues and
expenditures is amended and increased by the amount of $6,000,000.
2. The amount of $500,000 is appropriated for tax relief for the elderly and
handicapped and disabled veterans.
3. The amount of $500,000 is appropriated for contracted repairs.
4. The amount of $5,000,000 is appropriated to the County’s Capital Fund.
On motion of Supervisor North to adopt the ordinance, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Mahoney, North, Radford, Hooker
February 28, 2023
65
NAYS: Supervisor Peters
IN RE: CONSENT AGENDA
RESOLUTION 022823-6 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM H- 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 February
28, 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 4 inclusive, as follows:
1. Approval of minutes – October 25, 2023
2. The petition of Sovereign Grace Community Church, Inc. to obtain a special
use permit for religious assembly located on approximately 1.29 acres of land
zoned C-2, High Intensity Commercial District, located at 4167 Electric Road,
Cave Spring Magisterial District (First reading of Ordinance and request
for Public Hearing and Second Reading of Ordinance)
3. Request to accept and allocate grant funds in the amount of $22,500 from
George Mason University, Center for Evidence Based Crime and Policy
(CEBCP) for the purpose of funding annual officer wellness visits
4. Ordinance authorizing the release and vacation of existing waterline,
temporary construction and drainage easements located on 0.933 acre +/- on
property of Margaret O. Klapperich, Instrument Number 201507683, Tax Map
#027.06-05-06.00-0000, Hollins Magisterial District (First reading of
Ordinance and request for Second Reading)
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Radford and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
A-022823-6.a
A-022823-6.b
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Mr. William Skaff of 4815 Farmington Place Court – Roanoke, Virginia
24018 provided the following
February 28, 2023
66
Statement
Rezoning and the Impact on Traffic
Are traffic problems caused by mismanaged development along with an inadequate
evaluation of traffic impact analysis? During the Barnett Rezoning Hearing, VDOT
Resident Engineer Brian Blevins attempted a justification for the Wetherill study omitting
Cave Spring Lane, with County guidance. Unfortunately, the conclusion does not follow
from the premises. Given that Barnett identifies neighborhoods north and west as the
primary customer base, that Cave Spring Lane is the collector street for this area, that it
already carries two and a half times the traffic of McVitty Road late afternoon, Mr.
Blevins concludes that residents will not have to use Cave Spring Lane “unless they’re
going to this area to shop.” This is precisely why Cave Spring Lane should have been
included in a study of the impact of a retail development. And why should this area be
forced to use neighborhood roads instead of Cave Spring Lane, “other ways out of that
neighborhood,” as Mr. Blevins put it, because of traffic congestion that will be caused by
the grocery store? The question naturally comes to mind, is the Board contemplating
any future development projects on Old Cave Spring Road or McVitty Road? Supervisor
Peters gave as a primary reason for his vote that commercial development results in
road improvements that would not otherwise occur. Supervisor Radford asked VDOT
the status of the so-called “traffic improvement” project to straighten and widen McVitty
Road and create a throughway with Old Cave Spring Road. Does McVitty Road need to
have a constant flow of traffic for its properties to be viable for commercial projects? Is
the addition of a lane to McVitty Road or a shoulder to Old Cave Spring Road
necessary? Will the traffic congestion that will inevitably be caused by the Barnett
grocery store force VDOT to proceed with the “traffic improvement” project? One thing
is certain. The McVitty Road “traffic improvement” project is not a solution for the traffic
problem on Old Cave Spring Road. In fact, it would only make matters worse. This
project would make entry from Cave Spring Lane onto Old Cave Spring Road even
more dangerous than it already is for vehicles on both streets, as the maneuver would
be nearly impossible. The project would eliminate the stop sign at McVitty Road and Old
Cave Spring Road that currently interrupts what would otherwise be a continuous flow
of traffic. Right now, the stop sign gives Cave Spring Lane traffic an opportunity,
however brief, to enter Old Cave Spring Road. Moreover, the increased traffic
generated by any commercial developments on McVitty Road would simply increase
queues and stacking on Old Cave Spring Road. Old Cave Spring Road has always
been a country road. It has not evolved into a commercial traffic corridor, and was not
designed for the traffic capacity required by commercial development. In point of fact,
Old Cave Spring Road was never designed at all. Then Chairman Mahoney presented
his aerial view of the County’s road system as a wagon wheel with spokes of four-lane
highways suitable for commercial retail development. While a convenient abstraction,
this high-altitude perspective can miss the reality on the ground. A mere 280 feet, or 8
February 28, 2023
67
percent, of the Barnett development’s site perimeter actually borders Brambleton
Avenue. The grocery store is not located on Route 221. It is located on Old Cave Spring
Road. If voting for increased tax revenue for the greater good of the County is the
motivation—First, honoring the County’s zoning and Future Land Use Designations
should take precedence over sacrificing this commitment to tax revenue. Second,
during the past four years residential property assessments have increased more than
three-and-a-third times that of commercial property assessments. Third, the tax receipts
from a future residential development of expected size and quality at the desirable
Barnett location would be considerable, and sufficient to forego this commercial
development. And, fourth, in this country we do not sacrifice citizens’ well-being for the
greater good, certainly not to benefit special interests, certainly not to have three
grocery stores within two minutes of each other. This is a slippery slope, as citizens in
socialist and totalitarian countries find out.
IN RE: REPORTS
Supervisor Peters moved to receive and file the following reports. The
motion was seconded by Supervisor Mahoney 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. Comparative Statement of Budgeted and Actual Revenues as of
January 31, 2023
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of January 31, 2023
5. Accounts Paid – January 31, 2023
rd
Chairman Hooker recessed to the 3 floor at 3:41 p.m.
IN RE: WORK SESSIONS
1. Work session to review with the Board of Supervisors the County
Administrator's Proposed Fiscal Year 2024 - 2033 Capital
Improvement Program (CIP) (Rebecca Owens, Deputy County
Administrator; Laurie Gearheart, Director of Finance and
Management Services)
February 28, 2023
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Ms. Owens provided an overview and turned the PowerPoint presentation
over to Laurie Gearheart who went through the CIP budget by category.
Supervisor Hooker inquired with regard to the housing study, is that the
study that is also going to provide us some demographics going forward with our
population. Philip Thompson, Director of Planning, stated his understanding is there is
a separate demographics study that is being done with the School Board. He would
image some of that information will get plugged in. Supervisor Hooker stated so this is
a separate study. Mr. Blount, Assistant County Administrator, advised this is a part of
the Board’s Strategic Plan. This was one of the initiatives under housing to take the
previous study and to do an updated assessment for all different types of housing that is
needed here in Roanoke County and give us some strategic direction moving forward.
Supervisor Hooker asked if we were funding the school demographic study with Ms.
Gearheart advising in the affirmative stating it is being funded from the current year.
Supervisor Radford inquired under fire station improvements, does staff
have that broken-down station by station with Ms. Gearheart advising that is the funding
for additional fire stations in needed areas due to growth and high demand along with
some major renovations that need to be done to make sure that we are staying
compliant. Supervisor Radford this asked if any of the funds are for replacements. Mr.
Blount advising, as a part of the 29 million, we do have an additional replacement
station right now. It has been targeted for West County, but certainly that's going to be
contingent upon the fire study that comes back here in a couple of months that will
provide more direction as to strategically where we need to either have another station
or have another capital project for an additional station outside of the Hollands that is
currently planned in 10-years CIP.
Supervisor Peters commented his thought is we're looking at the future
CIPs for fire and rescue. Sure, we want to replace fire stations, but thinks we need to be
more focused on where the needs are. We've talked in this room a number of times
about what's happening here on 419 and what's happening. To him, that's more of a
pressing issue than replacing an existing station because we're seeing where that
growth is coming, we're seeing where the demand for calls. As Chief Griffith and I spoke
prior to the meeting, our citizens are paying for this service and we need to make sure
that it's in the best location for them and make sure that they're getting the most bang
for their buck, whether it's to protect their life or to protect their property. So, I'm just one
to five, but to me, it's more important to me to see where our growth is and how we
could best utilize our capital funds to take care of that. He thinks our new stations will be
a much smaller footprint than our existing. There'll be less capital maintenance and we'll
need to maintain those smaller buildings as time moves on. But we need to make sure
we'll put them in the right place.
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Mr. Caywood noted we will be looking at the existing footprint, the
condition of what we have, staff and equipment. He wants to take a comprehensive
look before we spend money. We need the best use of our funds.
Supervisor Radford asked with regard to the jail roof replacement, looking
and Commonwealth Attorney renovation and courthouse replacement. So, we did a
study a couple of years ago, where we identified maintenance things that we need to do
on all our structures. So is this being pulled from that document. Mr. Blount responded
in the affirmative stating need new roof due to numerous leaks.
Supervisor Radford then asked about CitiWorks if it was complete with
Ms. Gearheart responding in the affirmative. What about continuing enhancements?
Ms. Gearheart responded there will be an upgrade over the next year or so, not on
immediate radar.
Supervisor North commended about the format and presentation; this was
one of the best, probably the best. He does think that the Bonsack fire station's in the
right location. Anytime you can save a billion dollars in acquisition of land and improve
the response time to almost 99%, it's in the right location in my mind.
Supervisor Mahoney commented he like the format, approach, however,
he is worried about the second column in the list that is fiscal year '25 to '33; particularly
when you look at buildings and facilities, there are a lot of very large projects and
expenses. While that is 10 years out, he does not believe we should be blind to the fact
that that is going to be a very, very difficult fiscal problem for us to address. Whether it's
this building or new fire stations, etc. as you go through the list, we're going to confront
some real big headaches in the upcoming years, and I think some very difficult
decisions, which obviously leads over into what he has observed over his time in the
County, the capital maintenance. If we build these things, we have to maintain them. His
fear is, at least from what he has seen in the past is it's so easy to cut maintenance
when you have a difficult budget time and then you got to come back because the
building is falling apart because we haven't maintained it. The roof is leaking or
whatever. We haven't done what we should have been doing years ago. We have a lot
of difficult issues to face for those projects.
The work session was held from 3:53 p.m. until 4:20 pm.
2. Work session to review with the Board of Supervisors fiscal year
2023-2024 employee compensation and benefits and outside
agency funding (Rebecca Owens, Deputy County Administrator;
Richard L. Caywood, County Administrator)
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70
Ms. Owens started off the PowerPoint and introduce Elijah Daily, Director
of Human Resources. So, in this budget we are recommending eight positions with all
but one being primarily funded by the state. So, our first position that we would like to
add this year is a planner one position to the planning department. We currently have
two planners that conduct over 6,000 inspections annually. This position will enable the
department to respond more quickly to any inquiries that we do receive from board
members as well as improve the overall efficiency in resolving complaints and
violations. The cost with benefits for this position is $72,941. Mr. Caywood explained
that zoning complaints are the largest complaint that we have been experiencing.
Supervisor Mahoney noted we adopt ordinance to have a beautiful, safe community. If
we don’t enforce them, it is a waste of time.
Ms. Owens explained the next position is one that the compensation
board has actually added to our sheriff's department. It is behavioral healthcare case
manager and it does add to the staffing compliment of the sheriff's office. The cost net
cost to the county would be approximately $19,000. Next, Ms. Owens outlined the social
services positions previously discussed with the Board at a prior work session. The
total position cost to the County for those six positions would be approximately $55,000.
Ms. Owens then reviewed the compensation and benefit assumptions.
Mr. Elliott then went over the outside agency funding.
The work session was held from 4:25 p.m. until 5:20 p.m.
Chairman Hooker opened the evening session at 7:00 p.m.
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. The petition of Cellco Partnership d/b/a Verizon Wireless to 1)
amend a proffered condition and 2) approve a special use permit
for a broadcasting tower approximately 124 feet in height, on
approximately 4.81 acres of land zoned C-2C (high intensity
commercial district with conditions), located at 2918 Peters Creek
Road, Catawba Magisterial District (Philip Thompson, Director of
Planning)
Mr. Thompson provided the Board with a PowerPoint presentation.
Supervisor Mahoney stated he thought he recalled with some other
broadcasting towers, in some instances there was a small building that was adjacent or
nearby it and in looking at some of the documentation here, he did not see. Did he miss
it? Mr. Thompson responded it is his understanding is there will be a cabinet for
equipment and it will be in there 19 by 35 lease area. He thinks that is for additional
cabinets of other carriers that would be allowed in the future. So, I think it will be
contained within their lease area, but I'll let them verify. Supervisor Mahoney stated it is
February 28, 2023
71
a minor issue, but is there sufficient space between the existing mini warehouses and
the little driveway leading back to the stormwater pond. Mr. Thompson advised he will
let the petitioner respond.
Supervisor Hooker stated historically, Roanoke County has employed a
specialist who will come in and verify the need. Was that done this time with Mr.
Thompson responding in the negative advising our consultant with Atlantic Technology
Consultants has passed away and we will need to find another provider.
Charlie Alvis, the attorney for the petitioner, Verizon Wireless, provided a
PowerPoint presentation.
Supervisor Hooker asked the petitioner to speak to the need for this. Mr.
Alvis responded the general answer is more people are using and the existing network
is being stretched. They have determined this site is the best site for the network
needs. Supervisor Hooker asked the petitioner to confirm that it will not have required
lighting. Mr. Alvin responded in the affirmative. There was no further discussion.
Supervisor Hooker opened and closed the public hearing with no citizens
to speak on this agenda item.
ORDINANCE 022823-7 1) AMENDING A PROFFERED
CONDITION AND 2) APPROVING A SPECIAL USE PERMIT FOR
A BROADCAST TOWER APPROXIMATELY 124 FEET IN
HEIGHT, ON APPROXIMATELY 4.81 ACRES OF LAND ZONED
C-2C (HIGH INTENSITY COMMERCIAL DISTRICT WITH
CONDITIONS), LOCATED AT 2918 PETERS CREEK ROAD,
CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Cellco Partnership d/b/a Verizon Wireless has filed a petition to 1)
amend a proffered condition, and 2) obtain a special use permit for a broadcasting
tower approximately 124 feet in height, on approximately 4.81 acres of land zoned C-2C
(high-intensity commercial district with conditions), located at 2918 Peters Creek Road
(Tax Map No. 037.13-04-02.01-0000), in the Catawba Magisterial District; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on February 7, 2023; and
WHEREAS, the Roanoke County Planning Commission recommends approval of
the petition; and
WHEREAS, the first reading of this ordinance was held on January 24, 2023, and
the second reading and public hearing were held on February 28, 2023.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The Board finds that the proposed amendment of the first previously
proffered condition pertaining to the real property located at 2918 Peters Creek Rd (Tax
Map No. 037.13-04-02.01-0000), in the Catawba Magisterial District, is consistent with
February 28, 2023
72
the purpose and intent of the County’s comprehensive plan and good zoning practice,
and will not be a detriment to the community.
2. The Board approves the proposed amendment to the first previously
proffered condition as follows (all other existing proffered conditions shall remain in
effect and without amendment):
a. Site plan will be complied with as prepared by Byron R. Dickson
and Tectonic Engineering Consultants, PC for five buildings and a
broadcasting tower as shown on plans and use will be limited to
mini-warehouse and broadcasting towers.
3. Further, the Board finds that the proposed special use meets the
requirements of Section 30-19-1 of the Roanoke County Code and that the proposed
special use conforms with the standards set forth in article IV, use and design standards
of the Roanoke County Zoning Ordinance.
4. The Board further finds that the proposed special use is in conformance
with the Roanoke County Comprehensive Plan, and will have a minimum adverse
impact on the surrounding neighborhood and community.
5. The Board approves the special use permit for the 124 ft. broadcasting
tower, located at 2918 Peters Creek Rd (Tax Map No. 037.13-04-02.01-0000), in the
Catawba Magisterial District, with the following conditions:
a. That the broadcasting tower be developed in substantial
conformance with the concept plans for VZW – Westminster –
Rawland prepared by Tectonic Engineering Concepts P.C.,
dated July 14, 2022, subject to any changes required during the
comprehensive site plan review process.
b. The broadcasting tower shall not exceed 124 feet in height.
6. This ordinance shall be in full force and effect thirty (30) days after its final
passage.
On motion of Supervisor Hooker to approve the ordinance, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
2. The petition of Engineering Concepts, Inc. to obtain a special use
permit for a water tank (major utility service) approximately 42
feet in height located on approximately 1.82 acres of land zoned
AG-3, Agricultural/Rural Preserve District, located in the 2600
block of Summit Ridge Road, Hollins Magisterial District (Philip
Thompson, Director of Planning)
Mr. Thompson provided a PowerPoint presentation.
February 28, 2023
73
Bobby Wampler, President of Engineering Concepts was in attendance for
the petitioner.
Supervisor North stated he felt this is necessary in order to move on with
more housing in the Roanoke area, especially in the Hollins District in that area. He
thinks it's a good step forward in that direction and will allow for more affordable housing
for new visitors, new citizens and others that will wish to move up to in their housing
transition. He stated he was in support of this petition. There was no further discussion.
Supervisor Hooker opened and closed the public hearing with no citizens
to speak on this agenda item.
ORDINANCE 022823-8 GRANTING A SPECIAL USE PERMIT TO
ENGINEERING CONCEPTS TO ERECT A WATER TANK ON
APPROXIMATELY 1.82 ACRES OF LAND, ON PROPERTY
ZONED AG-E (AGRICULTURAL RURAL/PRESERVE DISTRICT),
LOCATED IN THE 2600 BLOCK OF SUMMIT RIDGE ROAD, IN
THE HOLLINS MAGISTERIAL DISTRICT
WHEREAS, Engineering Concepts has submitted an application for a special use
permit for a water tower (major service utility) approximately 42 feet in height, on
approximately 1.82 acres of land zoned AG-3 (Agricultural Rural/ Preserve District),
located in the 2600 block of Summit Ridge Road (Tax Map No. 039.00-01-01.04-0000),
in the Hollins Magisterial District; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on February 7, 2023; and
WHEREAS, the Roanoke County Planning Commission recommends approval of
the petition; and
WHEREAS, the first reading of this ordinance was held on January 24, 2023, and
the second reading and public hearing were held on February 28, 2023.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The Board finds that the proposed special use meets the requirements
of Section 30-19-1 of the Roanoke County Code and that the proposed
special use conforms with the standards set forth in article IV, use and
design standards of the Roanoke County Zoning Ordinance.
2. The Board further finds that the proposed special use is in conformance
with the Roanoke County Comprehensive Plan, and will have a minimum adverse
impact on the surrounding neighborhood and community.
3. The Board approves the special use permit for a water tank located in the
2600 block of Summit Ridge Road (Tax Map No. 039.00-01-01.04-0000), in the Hollins
Magisterial District, with the following conditions:
a. The site shall be developed in general conformance with the
Development Plan for Summit Ridge Water System (Plan Sheet
February 28, 2023
74
#5) prepared by Lumsden Associates, PC, dated February 14,
2007.
b. The water tank shall not exceed 43 feet in height.
4. This ordinance shall be in full force and effect thirty (30) days after its final
passage.
On motion of Supervisor North to approve the ordinance, seconded by
Supervisor Radford and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Radford stated he wanted to speak to a rezoning that we had
in his district a couple of months ago; one for a grocery store on Brambleton Avenue.
We've had citizens coming in and giving information ever since we've had that and
thinks it's time to talk from the perspective that our information needs to be heard. So
tonight, in our earlier we heard from that resident again and he brought up information
that VDOT engineer Brian Blevins spoke about the rezoning, the impact on traffic in the
area. Based on that residence's comments, he sent a request to Brian Blevins with
VDOT and he responded and he would just like to read what he said, if you'll bear with
me. He mentioned during the zoning public hearing briefly that the neighbors have
incorrectly used the speed study to compare with volumes in the traffic impact analysis.
The speed study was never intended to count traffic and does not represent actual
volumes on Cave Spring Lane. Cave Spring lane carries approximately 2,300 vehicles
per day based on their 2021 traffic data. McVitty Road carries approximately 7,500
vehicles. Old Cave Spring Road carries approximately 8,400 vehicles per day. In
VDOTs' opinion, it's not reasonable for them to require the developer and engineer to
review the intersection because the volumes are lower and do not control the flow of
traffic along the route to the development. In addition, it would not have any result any
changes to the recommendations from the study or VDOT's concurrence. Mr. Blevins
goes on to say in the email he does not believe it would degrade an operation
significantly either section because there will be gaps in the traffic which would develop
through the area even if cars didn't need to stop at the intersection any longer. So that's
from Brian Blevins. Also, in the letter we heard today, the resident mentioned
Supervisor Peters gave a primary reason for the vote that commercial development
results in road improvements that would not otherwise occur. Well, let me give you a
couple for instances. And Mr. Peters is correct. The Radford family bought a piece of
property on the intersection of Wood Haven and Peters Creek in the early 90s that had
no traffic light. The people when we went to rezoning, they were hollering at us because
they could not make a left hand turn on the Peters Creek from Wood Haven. We went
February 28, 2023
75
back to the tenant who was going to lease the property and we said we need to put a
stoplight there. VDOT agreed. The tenant paid for half the stoplight. We had a happy
outcome. And so, you are correct Mr. Peters, that rezoning resulted in improvement in
road. The traffic flow through there. Again, it happened when we rezoned property over
for Gander Mountain when they came in we put a stoplight in there, we improved the
intersections. So, there is benefits to rezoning and it does get the attention. Also, the
resident made comment that this property is not on Brambleton Avenue. Well, 280 feet
of it is on Brambleton Avenue and he would assume, or looking at our staff, if that
property is boarding Brambleton Avenue, he assumes that's going to be the address.
So, he does not quite understand that. Anyway, that concludes my comments on the
rezoning. He finished stating up that the voting on that between Planning Commission
and Board of Supervisors was eight four to against. We don't look at this stuff ahead of
time and have big conversations. We're all free and independent. We can think on our
own and we can decide what's good and bad. And that's exactly what we did. Our vote
on the board of supervisors was a little closer, three to two, but the aggregate is the
Planning Commission looked at it also and they felt favorable and they voted 5-0. So
that's where I'm coming up with eight to two on that rezoning. And one last comment,
Happy Birthday to my wife. He will be home soon.
Supervisor North stated he attended the Salem Roanoke County Chamber
of Coffee February 17th at WDBJ Community Room with guest speakers Congressman
Griffith and Klein. He shared the hope for potential future airport expansion and federal
support for 90% funding from the FAA one day, whenever the airport expansion may
become a reality. On February 21st, attended the Greater Williamson Road Area
Business Association and heard our new police Chief Poindexter make his first public
introductory message. He's going to share some of that with us in the future. But in all
knowledge, he did a great job and it was over 114 people there in attendance. That
Greater Williamson Road Area Business Association has really grown in the last five
years. Also coming up in March, late March, probably March 22nd if that date works out,
the Roanoke Valley Allegheny Regional Commission will gather for a discussion on the
Catawba Hospital and the opioid grants and awards programs. So more on that is we
move towards that meeting date and a report out after that.
Supervisor Mahoney stated Roanoke County has sent out a whole series
of letters to landowners along Starkey Road and Ogden Road. This is part of the 419
Town Center plan. Those letters have gone out and been notifying the property owners
along there that we've hired a firm to do some surveying to look at what's possible out
there. Then based on the surveys and the application of the Town Center plan, maybe
have some further discussions with those property owners for some improvements. The
second item, the County also put out a news release telling our citizens about the
proposed construction of the roundabout at Starkey Road and Buck Mountain Road.
The construction, we hope will start sometime in March and it may take almost a year
and we hope it'll be completed by the spring of 2024.
February 28, 2023
76
Third, Mr. Blunt and I were able to participate in the Zoom meeting back on February
22nd. We're trying to get our economic development department accredited so that Ms.
Baker and her staff can brag and come to us hopefully in a month and talk about how
they succeeded and are now accredited nationally as an economic development
department. February 23rd, Mr. Cawood and he participated in the Airport Master Plan
Advisory Committee. This is a process to try to communicate to the citizens in the area
what's involved with this 20-year master plan that the airport is working on. This is going
to deal with not just runways, but terminals and roadways and land use and general
cargo and general aviation. This is very important for our region, not just for Roanoke
County, but for the entire region. Airport is absolutely critical to our growth, our
development and economic development in our region. Finally, on February 24th, Ms.
Owens, Mr. Cawood and he attended the police graduation. It was the 64th class
graduating for Roanoke County PD and the 84th class graduating for Roanoke City PD.
And if you recall, we've had our training program with Roanoke County and Roanoke
City Police departments. He thinks that fosters regional cooperation. It is a very positive
step. There were four graduates for Roanoke County, a couple graduates from
Roanoke County Sheriffs and was it five or six for Roanoke City PD? So, it was very
positive. It was good class. He thinks it's important to see, despite everything that's
happened over the last couple of years with respect to defunding police, our region
does not believe in that. And you can see that with the great quality of the candidates
that we have going to that graduation program.
Supervisor Hooker thanked Mr. Mahoney for attending the graduation
ceremony as she was out of town and unable to be there. She thinks it is important that
we be there and appreciate what they are doing. She also attended the luncheon that
Mr. North mentioned the Williamson Road Business Association luncheon. It was very
impressive and I was really encouraged to see all those businesses come together and
together better their environment and better their business culture there. She would love
to see something like that organically started in the west part of Western part of
Roanoke County, Rt. 11,460, let's gather those businesses together and let's talk to see
how we can improve that culture and help foster new businesses. So, appreciate that.
Number two, yesterday, last night she attended the 200-plan meeting for, Mason's
Cove, Glenvar, and the Catawba areas. It was at Glenvar Middle School. We had 37
people there that attended and she would say it was a great success, good
conversations, and people were still trying to digest all the material, all the information.
But it was overall a great success. We'd like to encourage the citizens who are listening
to consider coming to the remaining meetings. We have one tomorrow night at the
Peters Creek. It's the Peters Creek community planning area tomorrow night, Green
Ridge Rec Center, Bonsack, and Mount Pleasant Community Planning areas will be
Monday, March 6th at the Vinton War Memorial and Windsor Hills community planning
area will be meeting Wednesday, March 8th at Hidden Valley High School and Back
Creek and Bent Mountain Community Planning areas Monday, March 13th at Bent
Mountain Center. So, all of these meetings are an open house format from 4:30 to 6:30
February 28, 2023 77
PM. There was a short presentation about 5:00 PM. It lasted maybe 25, 30 minutes, but
it was very good, very informative. And of course, you can learn more about it on our
website at roanokecountyva.gov/200plan. So, thank you for that. Please consider
attending.
IN RE: ADJOURNMENT
Chairman Hooker adjourned the meeting at 7:43 p.m.
b itted by: Approved by:
Jack Martha B. Hooker
Chief Deputy Cl: o the Board Chairman
February 28, 2023
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