HomeMy WebLinkAbout9/11/2023 - Regular - DRAFT
September 12, 2023
307
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 March 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, a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Hooker called the meeting to order at 3:01 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 recognizing Eric Kohler, Parks Administrator, for his
exemplary service to Roanoke County (Richard L. Caywood,
County Administrator)
The resolution was read into the minutes. All Supervisors offered their
thanks.
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RESOLUTION 091223-1 RECOGNIZING ERIC KOHLER, PARKS
ADMINISTRATOR, FOR HIS EXEMPLARY SERVICE TO
ROANOKE COUNTY
WHEREAS, in March 2016, Eric Kohler was hired by Roanoke County as a
Parks Supervisor, and during his tenure has been promoted to Parks Administrator; and
WHEREAS, Eric has been responsible for coordinating the operational logistics
of the Parks, Recreation and Tourism’s special events and other key administrative
functions of the Parks Division; and
WHEREAS, Eric coordinated the parks division support of many successful
special events over the years, including the annual Illuminights Walk of Lights Trail, the
T-Rex Trail, Green Hill Park Kite Festival, Touch-a-Truck and Knights Crossing events;
and
WHEREAS, since 2019, Eric has served as the primary designer and installation
coordinator of the Illuminights Walk of Lights Trail at Explore Park, which has been
enjoyed more than 200,000 visitors; and
WHEREAS, since 2022, Eric has served as the primary designer and installation
coordinator of the T-Rex Trail at Explore Park, which has been enjoyed by more than
25,000 visitors; and
WHEREAS, since 2016, Eric has played a key role in the Parks maintenance
operations including supervising the parks grounds and patrol crews, performing the
annual inspections and maintenance of all thirty (30) community playgrounds, and
soliciting and supervising more than 3,000 annual hours of volunteerism in County
parks; and
WHEREAS, Eric’s positive attitude and commitment to his work makes a
difference every day in many of Roanoke County’s citizens’ lives.
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 Eric Kohler for his dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for continued
success in the future.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
2. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Lori Hancock, Payroll
Technician, upon her retirement after more than thirty-two (32)
years of service (Laurie Gearheart, Director of Finance and
Management Services; Amy Meacham, Finance Manager-Payroll)
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The resolution was read into the minutes. All Supervisors offered their
thanks.
RESOLUTION 091223-2 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
LORI HANCOCK, PAYROLL TECHNICIAN, UPON HER
RETIREMENT AFTER MORE THAN THIRTY- TWO (32) YEARS
OF SERVICE
WHEREAS, Lori Hancock was hired on December 3, 1990, as a part time
Account Clerk, and moved to full time on June 8, 1992, as an Account Clerk in Utility
Billing and then hired on June 19, 2004 as a Payroll Technician during her tenure with
Roanoke County; and
WHEREAS, Ms. Hancock retired on August 1, 2023, after thirty-two (32) years
and eight (8) months of devoted, faithful and expert service with the County; and
WHEREAS, during her time serving Roanoke County, Ms. Hancock was
responsible for providing excellent customer payroll services to the Roanoke County
Departments and Western Virginia Regional Jail Authority; and
WHEREAS, during recent years Ms. Hancock was focused primarily on payroll
processing for Western Virginia Regional Jail employees; and
WHEREAS, Ms. Hancock was instrumental in applying the new Global Human
Resources system to payroll policies and procedures to ensure all Western Virginia
Regional Jail employees were paid accurately and efficiently every two weeks; and
WHEREAS, Ms. Hancock was supportive of and worked closely with other
payroll team members to help process and ensure the accuracy of the bi-weekly payroll
for all Roanoke County employees; and
WHEREAS, Ms. Hancock has proved herself to be an exemplary employee with
an excellent attendance record.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County to LORI HANCOCK for thirty-two (32) years and eight
(8) months 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
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IN RE: FIRST READING OF ORDINANCES
1. Ordinance of the Board of Supervisors of the County of Roanoke,
Virginia approving the refinancing of a lease transaction that
originally financed various capital projects for the County and
authorizing the continued 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 (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 September 26, 2023, was seconded by Supervisor North and approved by
the following vote:
AYES: Supervisors Peters, Mahoney, North, Radford Hooker
NAYS: None
2. Ordinance accepting and appropriating funds in the amount of
$3,777,457 from the Virginia Department of Housing and
Community Development in response to the 2022 award of funds
from the Virginia Telecommunications initiative grant, and
appropriating such funds to the County’s grant fund for
subsequent distribution to the Roanoke County Economic
Development Authority to provide economic development
incentives to internet service providers (Bill Hunter, Director of
Information Technology)
Mr. Hunter outlined the request for ordinance. There was no discussion.
Supervisor Peters’ motion to approve the first reading and set the second
reading for September 26, 2023, was seconded by Supervisor North and approved by
the following vote:
AYES: Supervisors Peters, Mahoney, North, Radford Hooker
NAYS: None
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IN RE: SECOND READING OF ORDINANCES
1. Ordinance accepting the donation of approximately 1.4 acres of
real property located at 0 Garstview Circle (Roanoke County Tax
Map Number 076.12-09-13.00-0000), Windsor Hills Magisterial
District (Rachel Lower, Senior Assistant County Attorney)
Ms. Lower outlined the request for the ordinance. There was no
discussion.
ORDINANCE 091223-3 ACCEPTING THE DONATION OF
APPROXIMATELY 1.4 ACRES OF REAL PROPERTY LOCATED
AT 0 GARSTVIEW CIRCLE (ROANOKE COUNTY TAX MAP
NUMBER 076.12-09-13.00-0000), WINDSOR HILLS
MAGISTERIAL DISTRICT
WHEREAS, Mary Elizabeth Radford is the owner of approximately 1.4 acres of
property located at 0 Garstview Circle in Roanoke County and further identified as
Roanoke County Tax Map Number 076.12-09-13.00-0000 (hereinafter the “Property”);
and
WHEREAS, the Property contains an existing public access trail (Garst Mill Park
Greenway) and portions of Mud Lick Creek run through the Property; and
WHEREAS, the County owns an existing 20’ sanitary sewer easement on the
Property and also a greenway easement on the Property; and
WHEREAS, the County’s greenway easement requires the County to ensure
perpetual maintenance of the above referenced public access trail which is located on
the Property; and
WHEREAS, Mary Elizabeth Radford wishes to donate this Property to the Board of
Supervisors of Roanoke County as a gift for the purpose of public use; and
WHEREAS, the property to be donated is undeveloped with the exception of the
above referenced public access trail; and
WHEREAS, the Board of Supervisors of Roanoke County desires to accept the
donation of the Property; and
WHEREAS, the Board of Supervisors of Roanoke County has determined that it
is in the public interest to accept the donation of the Property; and
WHEREAS, § 18.04 of the Roanoke County Charter directs that the acquisition
and conveyance of real estate interests be accomplished by ordinance; the first reading
of this ordinance was held on August 22, 2023, and the second reading was held on
September 12, 2023.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, as follows:
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1. The acquisition by donation of approximately 1.4 acres located at 0 Garstview
Circle in Roanoke County and further identified as Roanoke County Tax Map
Number 076.12-09-13.00-0000 is hereby authorized and approved.
2. The County Administrator, Deputy County Administrator, or Assistant County
Administrator are hereby authorized to execute such documents, including
but not limited to the Deed of Gift and any other incidental documents
required for this acquisition and to take such actions on behalf of Roanoke
County in this matter as are necessary to accomplish the acquisition of this
real estate, all of which shall be approved as to form by the County Attorney.
3. That this ordinance is to be in full force and effect upon its passage.
On motion of Supervisor Mahoney to adopt the ordinance, seconded by
Supervisor North and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance vacating a section of an unimproved right-of-way
referred to as Britaney Road located in a southeasterly direction
of the intersection of Britaney Road (Route 1224) and Setter Road
(Route 1221), Hollins Magisterial District (Rachel Lower, Senior
Assistant County Attorney)
Ms. Lower outlined the request for ordinance. There was no discussion.
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this agenda item.
ORDINANCE 091223-4 VACATING A SECTION OF AN
UNIMPROVED RIGHT-OF-WAY REFERRED TO AS BRITANEY
ROAD LOCATED IN A SOUTHEASTERLY DIRECTION OF THE
INTERSECTION OF BRITANEY ROAD (ROUTE 1224) AND
SETTER ROAD (ROUTE 1221), HOLLINS MAGISTERIAL
DISTRICT
WHEREAS, Roanoke County owns a small piece of land (6,250 square feet)
extending from Britaney Road which is located just off of Challenger Avenue/Route 460
(the “County Property”); and
WHEREAS, the County Property was part of a piece of property that was
subdivided in 1979 to create the Huntridge subdivision, and at the time of the
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subdivision the small 6,250 square foot piece of land was dedicated to the County as a
public right-of-way to hold for public use; and
WHEREAS, the County Property was never developed, and was never held out
for the public as a right-of-way; and
WHEREAS, on March 22, 1996, Mr. Charles R. Simpson, President of Roanoke
County Land Venture, Inc. (the original developer of the Huntridge subdivision)
submitted a written request that Roanoke County vacate this same portion of right-of-
way, which is the subject of this ordinance (a copy of the written request dated March
22, 1996, is attached hereto as Exhibit B); and
WHEREAS, as a result of the written request attached hereto as Exhibit B, on
May 14, 1996, the Board approved Ordinance 052896-19 and voted unanimously to
vacate the portion of the plat creating this right-of-way, but made the vacation subject to
the following condition: “\[t\]he vacated area of land shall be added and combined, by
deed or by plat, to the adjoining properties as provided by law and petitioner shall
comply with the Roanoke County Subdivision Ordinance, the Roanoke County Zoning
Ordinance, and other applicable laws, regulations and requirements, including
recordation of the necessary documents, in connection with this vacation or subsequent
subdivision of the property” (a copy of Ordinance 052896-19 is attached hereto as
Exhibit C); and
WHEREAS, Roanoke County Land Venture Inc. never took the necessary steps
to satisfy the condition of Ordinance 052896-19 requiring Roanoke County Land
Venture, Inc. to add and combine the vacated area of land to the adjoining properties,
and to record a deed or plat amongst the Roanoke County Circuit Court land records as
such; and
WHEREAS, it is reasonable to conclude, insofar as the vacation was requested
by Roanoke County Land Venture, Inc., that this failure to record the required deed or
plat was an inadvertent oversight on their part; and
WHEREAS, it is also reasonable to conclude that the neighboring property
owners reasonably relied upon the request by Roanoke County Land Venture, Inc. and
the 1996 action by the Board in believing that they were the rightful owners of the
subject property that was to be vacated, and also leading them to believe they were
rightfully maintaining the subject property since that time; and
WHEREAS, without the condition requiring Roanoke County Land Venture Inc.’s
recordation of the necessary documents to have the subject property combined with the
neighboring properties satisfied, Ordinance 052896-19 dated May 14, 1996, is null and
void; and
WHEREAS, Hollins Magisterial District Supervisor Phil North has requested that
the Board dispose of the County Property and legally vacate and close the section of
unimproved right-of-way referred to as Britaney Road located southeasterly of the
intersection of Britaney Road (Route 1224) and Setter Road (Route 1221), measuring
fifty feet (50’) in width and approximately one hundred and thirty feet (130’) in length,
lying between Lot 1, Block 3, and Lot 9, Block 1, in Section No. 1, Huntridge; and
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WHEREAS, the existing 50' unimproved, right-of-way contains a 2" water and
gas line, therefore retention of an easement is needed for future maintenance of these
public utilities and for any public utilities that may be needed in the future; and
WHEREAS, the County Property is bordered by three adjacent parcels, all of
which have access for ingress and egress from alternate and existing public rights-of-
ways; and
WHEREAS, the County is not currently using the existing 50' excess public right-
of-way and has no plans to use such right-of-way in the future, the County’s continued
ownership of the County Property is not necessary or required for the best interests of
the County, and the County finds that no public inconvenience will result from vacating
the 50’ excess public right-of-way; and
WHEREAS, Virginia Code § 15.2-2272 allows for this vacation to be
accomplished by the adoption of an ordinance by the governing body; and
WHEREAS, notice has been given as required by Virginia Code § 15.2-2204;
and
WHEREAS, § 18.04 of the Roanoke County Charter directs that the acquisition
and disposition of real estate interests be accomplished by ordinance; the first reading
of this ordinance was held on August 22, 2023, and the second reading and public
hearing were held on September 12, 2023.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of the
County of Roanoke, Virginia as follows:
1. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, an unimproved right-of-way referred to as Britaney Road located
southeasterly of the intersection of Britaney Road (Route 1224) and Setter
Road (Route 1221), measuring fifty feet (50’) in width and approximately
one hundred and thirty feet (130’) in length, lying between Lot 1, Block 3,
and Lot 9, Block 1, in Section No. 1, Huntridge, is hereby declared to be
surplus.
2. That the portion of the plat for Huntridge, Section 1, recorded in the land
records of the Roanoke County Circuit Court Clerk’s Office at Plat Book 9,
Page 200 setting forth an unimproved right-of-way referred to as Britaney
Road located southeasterly of the intersection of Britaney Road (Route
1224) and Setter Road (Route 1221), measuring fifty feet (50’) in width
and approximately one hundred and thirty feet (130’) in length, lying
between Lot 1, Block 3, and Lot 9, Block 1, in Section No. 1, Huntridge be,
and hereby is, vacated pursuant to Virginia Code § 15.2-2272 and as
shown on the attached plat labeled “Exhibit A” dated June 2, 2023.
However, an easement to locate, relocate, repair, replace, maintain, and
perpetually operate all public utilities currently located therein or needed
by the County of Roanoke in the future is hereby reserved unto the County
of Roanoke and the construction of a permanent structure over any utility
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line without the prior written approval of the County of Roanoke is
prohibited.
3. That the County of Roanoke relinquishes any interest it may have
acquired in the vacated right-of-way, other than the above-reserved utility
easement, and fee simple title to the said vacated right-of-way shall vest
as provided for by law.
4. That the County Administrator, Deputy County Administrator, or Assistant
County Administrator, is hereby authorized to execute such documents
and take such actions as may be necessary to accomplish the provisions
of this ordinance, all which shall be on form approved by the County
Attorney.
5. That this ordinance shall be effective thirty days from its adoption, and a
certified copy of this ordinance shall be recorded in the Clerk’s Office of
the Circuit Court of Roanoke County, Virginia, in accordance with Virginia
Code § 15.2-2272.
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
IN RE: CONSENT AGENDA
RESOLUTION 091223-5 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for September
12, 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 10 inclusive, as follows:
1. Approval of minutes – June 13, 2023; June 27, 2023
2. Resolution requesting the Commonwealth Transportation Board name the
Diuguids Lane (Route 760) bridge over the Roanoke River as the "USN
AWS1 James P. Buriak Memorial Bridge" and to erect signage, Catawba
Magisterial District
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3. Confirmation of appointment to the Court Community Corrections Alcohol
Safety Action Program (ASAP) Policy Board, Roanoke County Economic
Development Authority (EDA)(District) and the Roanoke County Library Board
(District)
4. Request to accept and allocate funds in the amount of $4,000 from the
Virginia Department of Emergency Management for the Public Safety
Answering Points (PSAP) Educational Grant Program
5. Ordinance authorizing the execution of an amendment to the Memorandum of
Understanding with Blue Ridge Behavioral Healthcare and other local
government entities governing the Marcus Alert Program for the Roanoke
Valley (First Reading and request for Second Reading)
6. Ordinance approving a permanent easement to the City of Salem for the
erection of a public bus shelter located at 305 East Main Street, Salem,
Virginia (the Roanoke County Courthouse property) (First Reading and
request for Second Reading)
7. Ordinance 1) accepting $170,709 from the Virginia Department of Rail and
Public Transportation and appropriating such funds to the County’s grant fund
for fiscal years 2024 and 2025 for expanded shuttle service to the National
Park Service’s McAfee Knob trailhead parking lot, and 2) reappropriating
$42,677 of County funds from the general fund to the grant fund for expanded
shuttle service to the McAfee Knob trailhead parking lot (Second Reading)
8. Ordinance 1) accepting funds in the amount of $465,091 from the Virginia
Department of Rail and Public Transportation and appropriating such funds to
the County’s grant fund for operation of the CORTRAN program, and 2)
reallocating $19,379 from the County’s general fund to the grant fund, for
operation of the CORTRAN program (Second Reading)
9. Ordinance authorizing the execution of an amendment to the Economic
Development Grant Agreement for fixed, wireless broadband service between
Roanoke County and B2X Online, Inc. (B2X) (Second Reading)
10. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Richard L. Gardner, Infrastructure Services Manager,
upon his retirement after more than twenty-five (25) years of service
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
RESOLUTION 091223-5.a REQUESTING THE
COMMONWEALTH TRANSPORTATION BOARD NAME THE
DIUGUIDS LANE (ROUTE 760) BRIDGE OVER THE ROANOKE
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RIVER AS THE “USN AWS1 JAMES P. BURIAK MEMORIAL
BRIDGE” AND TO ERECT SIGNAGE, CATAWBA MAGISTERIAL
DISTRICT
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has
received a request from Delegate Joseph McNamara to name the recently
rehabilitated Diuguids Lane (Route 760) bridge over the Roanoke River in memory
of Aircrewman Rescue Swimmer (AWS1) James P. Buriak, United States Navy;
and
WHEREAS, AWS1 Buriak was a Roanoke Valley resident, a Roanoke College
alumnus and he passed away when his helicopter crashed off the coast of San Diego,
California, on August 31, 2021; and
WHEREAS, under Section 33.2-213 of the Code of Virginia, the Commonwealth
Transportation Board (CTB) allows naming of bridges, highways and interchanges at
the request of a locality when the locality commits to the costs of fabricating, installing
and maintaining the signs; and
WHEREAS, the sign size, location, color, font and other display details shall be
determined by the Virginia Department of Transportation (VDOT).
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the CTB and VDOT are hereby requested to name the Diuguids Lane
(Route 760) bridge over the Roanoke River in memory of AWS1 James P. Buriak,
United States Navy, and to erect signage in the public right-of-way of Route 760 in
Roanoke County.
2. That the memorial signs shall conform to all applicable design standards
as designated by VDOT.
3. That Roanoke County shall pay all costs for the fabrication, installation
and maintenance of signs to name the bridge.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
A-091223-5.b
A-091223-5.c
A-091223-5.d
A-091223-5.e
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ORDINANCE 091223-5.f 1) ACCEPTING $170,709 FROM THE
VIRGINIA DEPARTMENT OF RAIL AND PUBLIC
TRANSPORTATION AND APPROPRIATING SUCH FUNDS TO
THE COUNTY’S GRANT FUND FOR FISCAL YEARS 2024 AND
2025 FOR EXPANDED SHUTTLE SERVICE TO THE NATIONAL
PARK SERVICE’S MCAFEE KNOB TRAILHEAD PARKING LOT,
AND 2) REAPPROPRIATING $42,677 OF COUNTY FUNDS
FROM THE GENERAL FUND TO THE GRANT FUND FOR
EXPANDED SHUTTLE SERVICE TO THE MCAFEE KNOB
TRAILHEAD PARKING LOT
WHEREAS, the National Park Service’s McAfee Knob Overlook is one of the
most highly visited and photographed 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 expanded shuttle service is needed due to the 2024 closure of
the McAfee Knob Trailhead parking lot for pedestrian bridge construction; 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 expanded 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 existing public transportation services
with connections to the Smart Way and Virginia Breeze bus routes at the I-81 Exit 140
Park and Ride, and to Valley Metro service in the City of Salem; and
WHEREAS, Roanoke County received $52,920 in Demonstration Project
Assistance grant funding from DRPT for the second half of fiscal year 2024 and
$117,789 in funding for fiscal year 2025; and
WHEREAS, Roanoke County agrees to provide $13,230 for fiscal year 2024 and
$29,447 in fiscal year 2025 as local match; 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 22, 2023, and
the second reading was held on September 12, 2023.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
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1. That the sum of $170,709 is accepted from DRPT for fiscal years 2024
and 2025 and appropriated to the County’s Grant Fund for the purpose of
operating the expanded McAfee Knob Trailhead Shuttle program.
2. That the sum of $42,677 is re-appropriated from the County’s General
Fund (having previously been appropriated for operation of the CORTRAN
program) to the County’s Grant Fund, for the purpose of operating the
expanded McAfee Knob Trailhead Shuttle program (as the required local
match for the above DRPT grant).
3. That this ordinance shall take effect upon its adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
ORDINANCE 091223-5.g ADOPTING AN AMENDMENT TO THE
CONTRACT WITH ROANOKE COUNTY, ROANOKE COUNTY
ECONOMIC DEVELOPMENT AUTHORITY AND B2X ONLINE,
LLC FOR BROADBAND EXPANSION UNDER THE VIRGINIA
TELECOMMUNICATIONS INITIATIVE
Whereas, in September 2022, Roanoke County (“County”), the Roanoke County
Economic Development Authority (“EDA”) and B2X Online, LLC (“B2X”) entered into a
contract for purposes of administering funds for broadband expansion in the County
pursuant to the Virginia Telecommunications Initiative (“VATI”); and
Whereas, during the course of the B2X broadband expansion that is the subject
of the 2022 VATI award, B2X has identified an opportunity to provide service to an
additional fifty passings not originally identified in the 2021 VATI grant application and
2022 VATI Award; and
Whereas, the County and the EDA recognize that broadband expansion to
underserved areas of the County is essential for economic growth in the County; and
Whereas, the changes in the location of equipment and the ability to serve
additional customers has caused the overall price of the pending project to increase;
and
Whereas, B2X has proposed sharing the excess cost of $56,131, with the County
to pay $34,131 of such total and B2X to bear the remaining cost of $22,000, and the
County and EDA have agreed to this cost-sharing and will execute a contract
amendment to reflect these terms; and
Whereas, sufficient funds have been appropriated for broadband expansion that
no additional funds will be appropriated under this Ordinance; and
Whereas, this Amendment shall not affect any other terms or conditions of the
September 22, 2022 VATI Agreement, among the parties;
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WHEREAS, Section 2.2-4309(A) of the Code of Virginia, 1950, as amended,
requires the approval of the governing body for this modification of the contract; the first
reading of this ordinance was held on August 22, 2023, and the second reading was
held on September 12, 2023.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Amendment to the Agreement among the County, EDA, and B2X
with regard to broadband expansion under the 2022 VATI award, is hereby authorized
and approved.
2. That the County Administrator, Deputy County Administrator, or Assistant
County Administrator is authorized to execute the agreement and other related
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
agreement and any other such documents 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 Peters to adopt the ordinance, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
ORDINANCE 091223-5.h 1) ACCEPTING FUNDS IN THE
AMOUNT OF $465,091 FROM THE VIRGINIA DEPARTMENT OF
RAIL AND PUBLIC TRANSPORTATION AND APPROPRIATING
SUCH FUNDS TO THE COUNTY’S GRANT FUND FOR
OPERATION OF THE CORTRAN PROGRAM, AND 2)
REALLOCATING $19,379 FROM THE COUNTY’S GENERAL
FUND TO THE GRANT FUND, FOR OPERATION 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
WHEREAS, the CORTRAN program is currently structured so that Roanoke
County residents are eligible to use the service if they are either 65 years of age or
better, or if they have a disability; and
WHEREAS, Roanoke County has applied for grant funding through the
Department of Rail and Public Transportation for fiscal year 2024 to leverage the
maximum County funds for the current CORTRAN program; and
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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 22, 2023, and
the second reading was held on September 12, 2023.
NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the sum of $465,091 is accepted from the Department of Rail and
Public Transportation and appropriated to the Grant Fund for the purpose
of operating the CORTRAN program.
2. That the sum of $19,379, which funds were previously appropriated to the
General Fund for the operation of CORTRAN program, are reallocated to
the Grant Fund (as the required County contribution for receipt of the
funds from the Department of Rail and Public Transportation).
3. That this ordinance shall take effect upon its adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
RESOLUTION 091223-5.i EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO RICHARD L. GARDNER, INFRASTRUCTURE SERVICES
MANAGER, UPON HIS RETIREMENT AFTER MORE THAN
TWENTY-FIVE (25) YEARS OF SERVICE
WHEREAS, Richard L. Gardner was employed by Roanoke County on June 15,
1998; and
WHEREAS, Mr. Gardner retired on September 1, 2023, after twenty-five (25)
years and three (3) months of devoted, faithful and expert service to Roanoke County;
and
WHEREAS, Mr. Gardner, has served as a Communications Technician with the
General Services Department, Technical Services Supervisor in the Management
Information Systems Department, and Infrastructure Services Manager with the
Communications and Information Technology Department through his employment; and
WHEREAS, throughout Mr. Gardner’s tenure with Roanoke County, he has been
a key player in the construction and remodeling of countless County facilities.
Noteworthy of these facilities are the Regional Fire Training Facility and the Court
Services Building where Mr. Gardner proposed installing the network wiring “in-house”
saving many thousands of dollars in contracting fees. The new Public Safety Building
required precise planning to avoid any critical County-wide computer outages while
moving the entire County Public Safety operation and the Information Technology
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322
Department. As team lead for technology, he has been a key player in the building of
three libraries, Fleet Services, and the Police Academy. During the building renovation
for the Department of Social Services Mr. Gardner led a team of IT professionals
continually reconfiguring computer access to accommodate the remodel while allowing
Social Services Staff to carry on their critical mission.
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 RICHARD L. GARDNER for more than twenty-five (25) 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 Peters to adopt the resolution, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
William Skaff of 4815 Farmington Place Court, Roanoke, VA gave the
following prepared remarks, “Subsequent to the Barnett Rezoning Hearing, I have been
citing the United States Constitution to support my positions contrary to the majority
vote. This may have seemed peculiar in discussions of municipal actions. Thus, I
thought that it would be helpful to provide a justification. The United States Supreme
Court, in Owen v. City of Independence, has found that the Constitution is directly
applicable to municipal proceedings. “\[A\] municipality has no ‘discretion’ to violate the
Federal Constitution; its dictates are absolute and imperative. And when a court passes
judgment on the municipality’s conduct, it looks only to whether the municipality has
conformed to the requirements of the Federal Constitution and its statutes.” As
precedent, the decision cites Sterling v. Constantin: “When there is a substantial
showing that the exertion of state power has overridden private rights secured by that
Constitution, the subject is necessarily one for judicial inquiry in an appropriate
proceeding directed against the individuals charged with the transgression.” These
“private rights secured by that Constitution” are, foundationally, “life, liberty, or property,”
as mentioned in the Fifth and Fourteenth Amendments, echoing the Declaration. At the
local level, zoning is the primary method of protecting property rights. According to
Euclid v Ambler Realty, the Supreme Court’s judicial standard for zoning law, “the
segregation of residential, business, and industrial buildings will increase the safety and
security of home life; greatly tend to prevent street accidents, especially to children, by
reducing the traffic and resulting confusion; . . . decrease noise and other conditions;
preserve a more favorable environment in which to rear children, etc.” The Roanoke
County Board of Supervisors and the County Government frequently use “the common
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good” as a reason for rezonings, even those that eliminate residential zonings and
encroach on residential neighborhoods. The result is assumed to be increased tax
revenue, which will benefit all County residents in the form of enhanced government
services. To say, as Supervisors and County officials often do, that they will approve
rezoning to build a shopping mall because the mall benefits the common good by
providing additional shopping opportunities—and those residents who don’t like it can
move—violates the right of these residents to enjoy the property they chose to
purchase. Euclid v. Ambler defines common good, that is, “general welfare,” as the
opposite of inserting commercial property into a residential area through rezoning for tax
revenue or shopping opportunity. Instead, Euclid defines common good as protecting
residential neighborhoods from the intrusion of commercial properties: “an ordinance
forbidding the erection in designated residential districts, of business houses, retail
stores and shops, and other like establishments, cannot be declared clearly arbitrary
and unreasonable, and without substantial relation to the public health, safety, morals,
or general welfare.” Given that the Supreme Court defines the purpose of zoning as
protecting residential neighborhoods, rezoning residential property in residential
neighborhoods for commercial development in itself constitutes a violation of property
rights protected by the Constitution. This includes subjecting residents to commercial
noise day and night, nighttime lighting, ruining viewsheds, and increasing traffic volume,
beyond what they experienced in a formerly residential neighborhood. To drive
someone from their house through unfavorable rezoning that makes occupation of that
house intolerable—to them—is to violate their right to property. That someone may buy
the house that the original owner sold may satisfy County tax revenue accounting, but it
does not erase the hardship to the original owner caused by violating their property
rights that forced them to sell. Respectfully, individual Board members betray not only
residents’ trust, but also their inalienable rights, by not honoring zoning and future land
use designations that were in effect when they purchased their properties.
IN RE: REPORTS
Supervisor Peters moved to receive and file the following reports. The
motion was seconded by Supervisor Radford 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
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
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Supervisor North stated that VDOT will be holding a design public hearing
for a project to provide additional capacity, improve safety and widening of seven (7)
miles of Interstate 81 from two lanes to three lanes in both directions between Exit 143
in Roanoke County to Exit 150 in Botetourt County. The design public hearing will
provide an opportunity to learn more about the project and how it will impact adjacent
properties and gives the opportunity to provide input. The meeting will be held
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Tuesday, September 19 a week from today and will be held in Lord Botetourt High
School from 5:00 p.m. until 7:00 p.m. in an open house format with VDOT
representatives present to answer questions. If you cannot attend, you can submit
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written comments to VDOT by mail or email by September 29 to Craig Moore, Project
Manager – 731 Harrison Avenue, Salem, VA You can also e-mail comments to I81-Exit
143-150 at VDOT.Virginia.gov and reference exits 143 to 150 exits project. This is good
news and bad news. The bad news is that both house of Virginia State General
Assembly approved $150 million earmarked, but during the budget negotiations it was
removed, while folks East of Richmond and I64 got $150 million plus. This is a lot of
money and in time we are going to need to get that money put back so we can only
nd
hope in the future that it will occur. On October 2, he will attend the I81 Commission
annual meeting in Lexington. He is sure that topic will be brought up after Senator
Obenchain stated it was more likely to get a cure for his cancer than to probably get
more money for I8I to make it a safer roadway.
Supervisor Mahoney commented that several Board members were able
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to attend the State of the City address by Mayor Sherman Lee on August 24. It was
an excellent program, and he is glad to see our friends in the City are doing well.
Supervisor Radford stated he just wanted to comment on the gift dee that
his mother just gave to the County. He and his dad purchased that property back in
2002 and developed patio homes, a very successful housing next to a greenway. We
knew when we purchased that property was going to someone other than us, because it
would serve a better purpose. It is a great site if you had to do a stormwater pond
because part of the creek runs through it so he thinks he gave you swampland, but it is
really a creek with water running through it and it should serve well for the park, too.
Another item he has had and has emailed the Board members about. The last couple
of days, he has had residents complain about the deer population in their
neighborhoods. One citizen sent him an email asking if we can do something because
the deer is destroying his property, his flora, his fauna. To where he cannot keep plants
planted. He did show him where localities North of us have deer management policies.
He did not read in detail, but they’re highly dense subdivisions like we have in our
County. Another resident called and told me she to erect a fence that cost $8,000 to try
and keep the deer out; not sure this is successful as deer can jump pretty good. Once
again, she is losing a lot of her plants. Additionally, one of his employees was driving to
work last week and she hit a deer on the road. She had a small car and was not going
very fast. She hit the deer and it bounced back up and went on to live its happy life. He
is not sure where we need to go with this. I understand the Board did a study in 2008
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but is it now 2023. Different localities around us have done different things and we
need a work session, but maybe a discussion amongst ourselves and try to figure out
how we can help the citizens. He knows there are programs out there such as Hunting
for Hunger, where you can take the meat to food shelters. There really are more deer
than there were in 2008 and they are really everywhere, all over my neighborhood too.
Supervisor Hooker thanked staff. I am proud of what our staff members
do. If they can, they are responsive to our suggestions and our concerns, and she
knows that she had said something about the Rt. 11/460 West corridor. Staff got on it
and there was a great meeting. She wished more business leaders had attended. She
was greatly impressed with the number of staff involved and what they tried to
encourage the business community to know. Let us know what it takes for you to
improve or expand. What do you want to see in that corridor? So, thank you for staff
and the great job they did with that. We had a donation of a flag and pole from
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Woodmen Life yesterday and in remembrance of September 11. She was impressed
with the number of staff that was there; could see every year to honor our public safety
and in remembrance.
IN RE: CLOSED MEETING
At 4:32 p.m., Supervisor Hooker moved to go into closed meeting
pursuant to the Code of Virginia Section 2.2-3711.A.3 - Discussion or consideration of
the acquisition of real property for a public purpose, where discussion in an open
meeting would adversely affect the bargaining position or negotiating strategy of the
public body. The real property that will be discussed is located in the Catawba
Magisterial District and Section 2.2-3711(A)(5) - Discussion concerning the expansion
of existing businesses where no previous announcement has been made of the
businesses' interests in locating or expanding their facilities in Roanoke County.
Specifically, such locations or expansions are proposed to occur in the Catawba, Cave
Spring and Hollins Magisterial Districts.
The motion was seconded by Supervisor Peters and carried by the following
recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
The closed session was held from 4:45 p.m. until 7:10 p.m.
Chairman recessed to the third floor for work session and closed session
at: 4:35 p.m.
IN RE: WORK SESSION
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1. Work session to discuss the Economic Development Marketing
Study with the Board of Supervisors (Megan Baker, Director of
Economic Development)
Due to technical difficulties, there is no audio for the work session.
Megan Baker provided a PowerPoint presentation and introduced Mr.
David Petr, CEO of Marketing Alliance who will be preparing the marketing plan for
consideration. Mr.Petr outlined the project purposes as creating a strong brand for
Roanoke County, develop new economic development website, achieve measurable
results in business retention, expansion and relocation and to position Roanoke County
as a premier economic development organization.
Supervisor Peters commented on our outdoor amenities and that Roanoke
County is a great place to live work and play with a low cost of living
Supervisor Mahoney commented on our great school system and the
workforce.
Supervisor Hooker commented on the diverse employment base and
public safety and noted we went from a train town to brain town (medical school).
Supervisor Radford commented the AI field is the future.
Supervisor Peters wants to know why people are pulling away; what
environment do we need to keep our people as they finish school. Do we need
amenities for the younger crowd. What can we do to retain the younger talent.
Supervisor North inquired what are we reaping from Carilion.
Supervisor Mahoney noted we are a bedroom community; the economic
engine is in Roanoke City. What are our assets: beautiful community, access to
interstate. We are a retirement community. There is a bad ROI on what we pay
schools for the number of students leaving the area.
Richard Caywood noted we need to change how we think of ourselves.
Supervisor North noted the importance of the airport and expansion
stating that is why the railroad left.
The work session was held from 4:10 p.m. until 4:46 p.m.
2. Work session on the County of Roanoke Budget (Laurie
Gearheart, Director of Finance and Management Services;
Richard L. Caywood, County Administrator)
Ms. Gearheart provided a PowerPoint presentation.
Supervisor Mahoney inquired about the AEP increases with Ashley King,
Director of General Services advising they feel we are okay.
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Supervisor Peters stated he is concerned about the amount of money on
vehicles, etc. We are allowing more of our staff to take vehicles home that are not
police. Why would we need more than an Explorer. Mr. Caywood advised there was
no change in take home vehicles and the fleet has been reduced. He indicated that Ms.
King will provide a fleet review. Mr. Caywood advised he would provide some numbers.
Supervisor Peters commented he sees more clouds on the horizon; wants to be more
conservative on expenditures.
Supervisor Hooker inquired about the elderly and disabled veterans, which
is a growing population that needs help. State keeps change the rules. Can it be
quantified as a percentage of the population?
Mr. Caywood stated it will be a key decision on pay and how we work
through it. Will work on 2 x 2’s. He added he is curious to see what ends up in the
Governor’s budget. He wants to see pay for performance. Personal property will be the
wildcard. Mr. Blount will also Doug update the Board on the staffing of the Bonsack fire
Station. House prices are still up. CIP studies will cause an updated CIP.
Supervisor North asked if we are trying to get to a 2% budget, with Ms.
Gearheart responding in the affirmation.
Mr. Caywood explained the removal of the maximum tax rate, not a State
requirement.
Mr. Mahoney asked if the CIP would come back to the Board in February,
adding we need to go back and revisit our commitments.
Supervisor North asked if we should do a CSA work session before the
legislative agenda with Ms. Owens responding in the affirmative.
The work session was held from 4:56 p.m. until 5:36 p.m.
IN RE: CERTIFICATION RESOLUTION
RESOLUTION 091223-6 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member’s
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies; and
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2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
Mahoney and carried by the following recorded vote:
AYES: Supervisors Peters, Mahoney, North, Radford, Hooker
NAYS: None
IN RE: ADJOURNMENT
Chairman Hooker adjourned the meeting at 7: 12 p.m.
Submitted by: Approved by:
________________________ ___________________________________
Deborah C. Jacks Martha B. Hooker
Chief Deputy Clerk to the Board Chairman