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10/24/2023 - Regular October 24, 2023 371 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 October 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: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS IN RE: PROCLAMATIONS, Resolutions, Recognitions and Awards 1. Proclamation declaring October 22-28, 2023 as Red Ribbon Week in the County of Roanoke (Adam T. Neal, Director, Roanoke Area Youth Substance Abuse Coalition) Proclamation was read. October 24, 2023 372 2. Proclamation recognizing November 2023 as National Adoption Month and November 18, 2023, as National Adoption Day in the County of Roanoke (Susan Goard, Director of Social Services) Proclamation was read. IN RE: NEW BUSINESS 1. Resolution authorizing the execution of an agreement with the Roanoke City/ Alleghany Health District, adopting a joint rabies exposure response plan (Peter S Lubeck, County Attorney) Mr. Lubeck outlined the request for the resolution. There was no discussion. RESOLUTION 102423-1 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ROANOKE CITY/ ALLEGHANY HEALTH DISTRICT, ADOPTING A JOINT RABIES EXPOSURE RESPONSE PLAN WHEREAS, Title 3.2 of the Code of Virginia identifies the authority and responsibility of the local health department, law enforcement officers and animal control officers in their efforts to control and respond to the risk of rabies exposure to persons and companion animals; and WHEREAS, during the 2010 General Assembly session, House Bill 621 was enacted, adding 3.2-6521.1 as a new section of the Code of Virginia, which requires the local health director and governing body of each locality to adopt a plan to control and respond to the risk of rabies; and WHEREAS, it has been proposed that the County and the Roanoke City/ Alleghany Health District enter into an agreement adopting a rabies exposure response plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. The County Administrator, Deputy County Administrator, or Assistant County Administrator are authorized to execute the proposed agreement with the Roanoke City/ Alleghany Health District, adopting a joint rabies exposure response plan, which agreement shall be approved as to form by the County Attorney. 2. This resolution shall take effect immediately upon its adoption. On motion of Supervisor Mahoney to adopt the resolution, seconded by Supervisor Peters and carried by the following recorded vote: October 24, 2023 373 AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None IN RE: FIRST READING OF ORDINANCES 1. Emergency Ordinance approving applications to the Literary Fund for loans and providing initial approval of the issuance of bonds by the County of Roanoke, Virginia, as evidence of loans (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) (Laurie Gearheart, Director of Finance and Management Services) Ms. Gearheart outlined the request for ordinance. Supervisor Hooker asked if all three schools were mentioned with Ms. Gearheart responding in the affirmative. Supervisor North explained what the Literary Loans are. Supervisor Peters inquired as to the loan rates with Ms. Gearheart responding they anticipate 3% with the worse case scenario 3.7%. Supervisor Peters asked what the standard bond rates would be with Ms. Gearheart responding somewhere around 4%. There was no further discussion. EMERGENCY 102423-2 ORDINANCE APPROVING APPLICATIONS TO THE LITERARY FUND FOR LOANS AND PROVIDING INITIAL APPROVAL OF THE ISSUANCE OF BONDS BY THE COUNTY OF ROANOKE, VIRGINIA, AS EVIDENCE OF LOANS WHEREAS, the staff of the County of Roanoke Public Schools (the "Schools") has presented to the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County"), applications addressed to the Virginia Board of Education for the purpose of borrowing up to $75,000,000 from the Literary Fund to finance some or all of the costs of the construction of a modern facility for the Career & Technical Education Center to allow expansion of the programs to better meet the needs of the business community and provide greater access to high-quality programs for students, the renovation of Glen Cove and W. E. Cundiff Elementary Schools, and paying any related closing costs (collectively referred to as the "Project"). October 24, 2023 374 WHEREAS, due to time constraints, staff has deemed this to be an emergency; 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 October 24, 2023, and the second reading has been dispensed with, upon an affirmative 4/5ths vote of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AS FOLLOWS: 1. Approval of Applications. The Board hereby approves of the submissions of the applications for loans from the Literary Fund in an amount up to $75,000,000 for the purpose of providing funds to financing the Projects. The Board hereby authorizes the School Board to borrow such amount as part of the loans. 2. Commitment to Pay. The Board hereby commits that in each year during the life of the loans, at the time that it fixes regular levies, fix a rate of levy for schools or make cash appropriation sufficient for operation expenses and to pay these loans in annual installments and the interest thereon as required by law regulating loans from the Literary Fund. 3. Final Authorization Required Before Bonds Can be Issued. No bonds of the County that will evidence the loans shall be issued until the Board adopts an ordinance approving of and setting forth the details of the bonds and holds a public hearing on the bonds. 4. Further Actions; Authorization of the County Administrator. The County Administrator and such officers and agents of the County as may be designated by the County Administrator, are hereby authorized and directed to take such further action as they deem necessary or appropriate regarding the application for the loan. All actions previously taken by the County Administrator and such officers and agents in connection with the loan application are hereby ratified and confirmed. The authorizations granted in this Ordinance to the County Administrator may be carried out by the Deputy, Interim or Acting County Administrator in the absence of the primary officer. 5. Filing of Ordinance. The County Attorney of the County is authorized and directed to file a certified copy of this Ordinance with the Circuit Court of the County pursuant to Sections 15.2-2607 and 15.2-2627 of the Virginia Code. 6. Effective Date. This Ordinance shall take effect immediately. On motion of Supervisor Mahoney to adopt the ordinance as an emergency measure and waiving the second reading with a 4/5ths vote; seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney North, Radford, Hooker NAYS: None October 24, 2023 375 IN RE: APPOINTMENTS Supervisor Mahoney recommended the appointment of Jeremy Caroll of 5383 Silver Fox Road to represent the Cave Spring district on the Economic Development Authority. It was the consensus to add to the consent agenda. IN RE: CONSENT AGENDA RESOLUTION 102423-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G - 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 October 24, 2023, designated as Item G - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7 inclusive, as follows: 1. Approval of minutes – September 12, 2023, September 26, 2023 2. Resolution proclaiming October 2023 as Community Planning Month in Roanoke County 3. Ordinance authorizing the approval of a permanent open-space easement to the Virginia Outdoors Foundation on property owned by the Roanoke County Board of Supervisors and the Virginia Recreational Facilities Authority for Explore Park, identified as Tax Parcel Number 080.00-05- 17.00-0000 in Roanoke County and Tax Parcel Numbers 172 A 42 and 172 A 14A in Bedford County (First Reading and request for Second Reading) 4. Ordinance approving a permanent easement to the City of Roanoke on property owned by the Roanoke County Board of Supervisors (Roanoke County Tax Map Number 060.11-04-17.00-0000) for the purpose of constructing and maintaining the City of Roanoke’s Glade Creek Stream Restoration Project (Second Reading) 5. Request to accept and allocate the Virginia 9-1-1 Services Board fiscal year 2024 Data Maintenance and Data Transfer grant in the amount of $5,000 6. Request to accept and allocate $28,181 from the Bureau of Justice Assistance (BJA) fiscal year 2023 Edward Byrne Memorial Justice Assistance (JAG) Grant October 24, 2023 376 7. Proclamation commending United Way of Roanoke Valley on its 100th Anniversary 8. Confirmation of appointment to the Roanoke County Economic Development Authority (EDA) 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 RESOLUTION 102423-3.a PROCLAIMING OCTOBER 2023 AS COMMUNITY PLANNING MONTH IN ROANOKE COUNTY, VIRGINA WHEREAS, change is constant and affects all Virginia cities, towns, suburbs, counties, and rural areas; and WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and WHEREAS, the citizen engagement which is a hallmark of community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and WHEREAS, the American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment; and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of Roanoke County and the Roanoke Valley; and WHEREAS, we recognize the many valuable contributions made by professional community and regional planners in Roanoke County, the Roanoke Valley, and the Commonwealth of Virginia and extend our heartfelt thanks for the continued commitment to public service by these professionals. NOW, THEREFORE, BE IT PROCLAIMED THAT, the month of October 2023 is hereby designated as Community Planning Month in Roanoke County in conjunction with the celebration of National Community Planning Month and all cities, counties and towns throughout the Commonwealth of Virginia and the United States are encouraged October 24, 2023 377 to recognize the importance of planning and planners in building great communities and especially the value of civic engagement throughout the planning process. 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-102423-3.b ORDINANCE 102423-3.c APPROVING A PERMANENT EASEMENT TO THE CITY OF ROANOKE ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (ROANOKE COUNTY TAX MAP NUMBER 060.11-04-17.00-0000) FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING THE CITY OF ROANOKE’S GLADE CREEK STREAM RESTORATION PROJECT WHEREAS, the Board of Supervisors owns property at 301 Gus Nicks Boulevard, Vinton, Virginia 24179 (the Roanoke County Career Center property) identified as Roanoke County Tax Map Number 060.11-04-17.00-0000 (hereinafter “the County Property”); and WHEREAS, as part of the City of Roanoke’s Glade Creek at Gus Nicks Boulevard Stream Restoration Project, the City of Roanoke has requested a permanent easement from the Board of Supervisors across the County Property to perform work and perpetual maintenance in connection with this project; and WHEREAS, the City of Roanoke’s Glade Creek at Gus Nicks Boulevard Stream Restoration Project is a public works project designed to reduce sediment loads within the Roanoke River by stabilizing and restoring approximately 2,921 of linear feet of Glade Creek, a tributary of the Roanoke River, and provide for the installation of stream features and bank structures, grading for floodplain reconnection, and establishment of a riparian buffer; and WHEREAS, granting the easement to the City of Roanoke to support the City of Roanoke’s Glade Creek at Gus Nicks Boulevard Stream Restoration Project benefits the citizens of Roanoke County by positively improving the quality of the water in Glade Creek and the Roanoke River; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and disposition of real estate be authorized only by ordinance; and WHEREAS, a first reading of this ordinance was held on October 10, 2023, and the second reading was held on October 24, 2023; and October 24, 2023 378 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provision of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus and is hereby made available for conveyance to the City of Roanoke for the Glade Creek at Gus Nicks Boulevard Stream Restoration Project. 2. That conveyance to the City of Roanoke of a permanent public maintenance easement as shown and described as “New Variable Width Maintenance Easement” on the plat titled “Easement Plat Showing Variable Width Permanent Maintenance Easement (28,388 Square Feet /0.6517 Acres) along Glade Creek to be granted to the City of Roanoke, Virginia, by the Roanoke County Board of Supervisors, Situated adjacent to Vale & Kermit Avenues N.E. and Gus Nicks Boulevard Town of Vinton, Roanoke County, Virginia” dated July 5, 2023, prepared by Lumsden Associates, P.C, attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts and appropriates the payment of $10.00 as fair market value compensation for this permanent public maintenance easement. 4. That the County Administrator, Deputy County Administrator, or the Assistant County Administrator, is hereby authorized to execute such documents (including the Deed of Easement) and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on a form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None A-102423-3.d A-102423-3.e A-102423-3.f A-102423-3.g IN RE: REPORTS Supervisor North moved to receive and file the following reports. The motion was seconded by Supervisor Peters and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker NAYS: None 1. Unappropriated, Board Contingency and Capital Reserves Report October 24, 2023 379 2. Outstanding Debt Report 3. Comparative Statement of Budgeted and Actual Revenues as of September 30, 2023 4. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of September 30, 2023 5. Accounts Paid – September 30, 2023 Supervisor Hooker recessed to the third floor for work session at IN RE: WORK SESSION 1. Work session to review with the Board of Supervisors the status of the County of Roanoke's ongoing Capital Improvement Program (CIP) projects as of June 30, 2023 (Laurie Gearheart, Director of Finance and Management Services and Steve Elliott, Budget Administrator) Mr. Caywood provided overview and turned the meeting over to Ms. Gearheart, who provided a PowerPoint presentation. Supervisor North inquired about Fallowater. Mr. Caywood provided an update on the roundabout in Starkey. Supervisor Hooker commented that everyone was happy with the Catawba improvements. Supervisor North inquired regarding Plantation Road and if the figures shown were our share of the project. Supervisor Radford inquired about the Green Ridge HVAC. Supervisor Mahoney inquired of Mr. Henderson required the permit with DEQ. The work session was held from 3:43 p.m. until 4:06 p.m. Chairman Hooker opened the evening session at 7:01 p.m. IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. The petition of Glenmary Drive Roanoke LLC to amend a portion (approximately 19.06 acres) of the Roanoke County Center for Research and Technology Master Plan to allow warehousing and distribution as a permitted use, located within the 5200 and 5300 blocks of Glenmary Drive, Catawba Magisterial District (Philip Thompson, Director of Planning) Mr. Thompson provided a PowerPoint presentation. October 24, 2023 380 Chairman Hooker opened and closed the public hearing with no citizens to speak on this agenda item. Supervisor Mahoney asked if we have a height limit in the conditions. Mr. Thompson responded 45 ft. as it abutted residential otherwise unlimited. There was no further discussion. ORDINANCE 102423-4 AMENDING A PORTION (APPROXIMATELY 19.06 ACRES) OF THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY MASTER PLAN TO ALLOW WAREHOUSING AND DISTRIBUTION AS A PERMITTED USE, LOCATED WITHIN THE 5200 AND 5300 BLOCKS OF GLENMARY DRIVE, CATAWBA MAGISTERIAL DISTRICT WHEREAS, Glenmary Drive Roanoke LLC is requesting to amend a portion (approximately 19.06 acres) of the Roanoke County Center for Research and Technology Master Plan to allow warehousing and distribution as a permitted use on “New Lot 4” as shown on the attached “Exhibit B” submitted by Glenmary Drive Roanoke LLC as part of this request; and WHEREAS, the first reading of this ordinance was held on September 26, 2023, and the second reading and public hearing were held on October 24, 2023; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 3, 2023; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition to amend a portion (approximately 19.06 acres) of the Roanoke County Center for Research and Technology Master Plan to allow warehousing and distribution as a permitted use on “New Lot 4” as shown on the attached “Exhibit B”; and NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. The Board finds that the proposed request is consistent with the purpose and intent of the County’s adopted comprehensive plan, is good zoning practice, and will not result in substantial detriment to the community. 2. The Roanoke County Center for Research and Technology Master Plan is hereby amended as reflected in the attached “Exhibit B” and warehousing and distribution shall be allowed as permitted uses on “New Lot 4” only as shown on the attached “Exhibit B”. 3. This ordinance shall be in full force and effect thirty (30) days after its final passage. On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor North and carried by the following recorded vote: AYES: Supervisors Peters, Mahoney, North, Radford, Hooker October 24, 2023 381 NAYS: None 2. The petition of Terry Dooley, Jr. to obtain a special use permit to operate a short-term rental on approximately 0.2363 acre of land zoned R-1, Low Density Residential District, located at 4501 Girard Drive, Cave Spring Magisterial District (Philip Thompson, Director of Planning) Mr. Thompson provided a PowerPoint presentation. Supervisor North asked if the short-term rental definition says 30 days or less; is this correct and at one time, this particular residence was leasing for longer than 30 days. Is that correct? So, my point is if the definition is 30 days or less, but he continues or has most recently is July of '22 to lease for more than 30 days, we got a conflict there. Can you comment on that? Mr. Thompson responded the long-term lease is not part of this application. So, if you rent for more than 30 days, that's fine. What he's trying to do is, so if the professor’s not there during the summer, they want to be able to use it a short-term rental during that period in between. So, it'd be less than 30 days for people in those times. So, he just wants to have that option. Supervisor Mahoney asked Mr. Thompson to provide a summary of County enforcement actions. Mr. Thompson responded what happened was when it first started, they started using it as a short-term rental. It actually went to; I know our staff went out there and I think a lot of my understanding is there were residents that also went to court when we went to court. Supervisor Mahoney asked if that was in 2021 with Mr. Thompson responding in the affirmative advising they had gone to court and the owner stated that he was not going to do it anymore for that, took it off of whatever he was marketing or whatever, he did long-term lease. So that violation was corrected when he stopped doing that. Terry Dooley, the petitioner commented, “I am from 330 Kensington Drive, Peachtree City, Georgia, and the facts that he presented were accurate to my knowledge. I did address the three concerns that were presented by the committee, so I appointed a local resident in Roanoke County to act as property manager on a day-to- day basis to make sure that it stays in compliance. I also have contracted with a management company to handle the organization and management of the property and to be able to select and evaluate potential renters so they can manage that they have better resources than I do to do that. Then I did adopt those house rules that were requested by the committee. A minimum age of 25, maximum guests of six people per stay, total members of a group allowed at the house at any time of eight. Then the maximum number of vehicles to be limited at two, so it would not impact traffic. A minimum length of stay will be three days and then no parties or events to be held at the house at any time.” Supervisor Hooker asked if that was a minimum stay of three (3) days, with Mr. Dooley responding in the affirmative. October 24, 2023 382 Supervisor North then asked Mr. Dooley for the requirements and confirmed it was a three (3) bedroom. Mr. Dooley responded in the affirmative that the requirements are as follows: 25 is the minimum age for people to stay. Six total members can stay at the house and then the committee requested I put a cap on the number of people who can be at the house at any time at eight, and then two vehicles maximum per stay for rental. Supervisor Mahoney asked when Mr. Dooley acquired the property with Mr. Dooley responding in May-June of 2020. Supervisor Mahoney then stated when he looks at the screenshot for the property with Airbnb, it just said you joined it in May of 2018. Mr. Dooley responded that is when he started using it for traveling vacations. They just listed the first time you ever used the Airbnb. Supervisor Mahoney then asked Mr. Dooley if he read over the materials in the agenda packet with Mr. Dooley responding in the affirmative. Supervisor Mahoney stated in many of those materials, there are comments from some of the neighbors that you were doing short-term rentals in 2021 and 2022. You were listing it on Airbnb during that period of time, all in violation of the county code and so I just wanted to give you an opportunity to respond to that. Mr. Dooley responded, “he purchased the home around May-June of 2020. We intended to move into the house. August of 2021 was the first time I rented the house at all to anybody. I rented it out twice then, once for about a month and once for about three weeks. Then my professor stayed there. From that point, from '21 until now, it's been the same professor for the fall and spring. And over that course of a year, I rented about four or five times.” Supervisor Hooker opened the public hearing and the following citizens spoke: Daryl Richards, 4526 Hammond Lane stated, “My sister just recently moved into our neighborhood. She's an empty nester. One of the important things for her to move was so she would feel safe. I know the community. With me living there, she knows our neighbors and felt safe, but then once she bought the house, we found out that we were going to have a Motel 6 right next door. So that's a concern. Also, maintaining the property. If you look at the property right now, if you look at the fence, you can tell this property is not being maintained. Also, in our prior meeting, the county had to make Mr. Dooley aware to mow his grass and that was brought up in our last meeting. Also, on the previous board, there was a Mr. Walts and if you look at his Google section, you find out that this is the business he is in. So, I'm not sure he should have maybe even voted on it. I don't know what the rules are for that, but it just seemed to be a conflict of interest.” Donald William Sublett of 5837 Penguin Drive in Penn Forest stated, “We own a home at 4544 Hammond Lane, which we were hoping to turn into a retirement home where we don't know about that yet because of what's going on with this Airbnb. But I did some extensive research on communities that have allowed Airbnb in R1 districts and have found that two researchers at Northwestern have found in their research that it causes increase in crime in the neighborhood. And that concerns me October 24, 2023 383 greatly, particularly with the young kids and the elderly that are in this perfectly sweet little neighborhood that we want to spend our retirement in. We just spent the last five years taking care of my father-in-law, six doors down who had a stroke. We did 24x7 care. And my wife slept in a bedroom just across from the back door of this Airbnb. And I tell you what? I didn't feel safe for her being there and I know she didn't feel safe. But in any case, Richmond has just recently changed their regulations on Airbnb’s and R1 and found that short-term rentals are not working out like they thought it would. So, they've changed their laws. So, I would respectfully ask that the Board of Supervisors reject this application due to the wellbeing of the citizens in the Eaton Hill subdivision because it does cause anxiety and concern for our safety, the safety of our neighbors, which we don't need. This is just a little piece of heaven, and we want to keep it that way. We don't want people coming in that we have no idea where they're from, what their background is. I've been in computer science for 50 years and I will tell you this, you can put anything you want on a computer and most of it is very difficult to check out and check out properly.” Donna Kessner of 4501 Hammond Lane stated, “She lives directly across from this property. So oftentimes, I receive mail for them or packages or things that are coming to them, so I don't even know these people that are coming to my doors most of the time and I have to contact the people that are staying there. The first renters that used that house ran over my mailbox. They backed over it, denied it, called the cops right as they were checking out. Cops did check it out and say that they couldn't prove that it was happening. My concern is the safety for our children. We have limited parking at many of the houses. So many children play in the street. We currently have three basketball hoops in the street, we used to have five. Children ride their bicycles and scooters in the street all the time, sometimes with their parents. Many residents walk together for exercise and conversation. Many single families and widows live there, which I'm now one of the many widows. We've had three in the last six months. Many single families have children as well, so they're out there playing. There are many parked cars on the street. Our driveways, many of them only accommodate two, so your kids can't play in their driveways. One family has seven cars so they can't all park in the driveway. You often have to pull over to pass when you're going in and out of the development because there are cars parked on both sides. It's very narrow through there. We have five long-term rental properties right now. What happens as the elderly move on, allowing for more greedy flippers to buy up our property, either to sell, raising our taxes and property taxes or having more rentals come up in the neighborhood if it gets approved. Terry mentioned local people cleaning his properties. The cars I have seen that have been cleaning during the times that he had people there, which in the first year, he had 10 families renting the property illegally in the short-term rental. They had North Carolina plates. I have pictures of all of that over the years. Because my house is the same number, as I mentioned, they come in the house and come to my house in error looking for the right house. And the other thing, other areas in the Airbnb have been changing their rules and stuff like that, making people live on the property or October 24, 2023 384 at least in the town, Terry has only been there a minimum of six days in the last year. And that's all I've got to say.” Judy Sublett of 5837 Penguin Drive stated, “As my husband said, we also own a house in Eaton Hills that we were hoping to use as a retirement home. For the last 60 years, Eaton Hills has been a safe, quiet neighborhood. Then in July 2021, Mr. Dooley, who lives in Georgia, changed the neighborhood by listing his recently purchased home on Airbnb and we started seeing a lot of strangers, a lot of transients coming. This house in 4501 Gerrard is in the center of our neighborhood. It's surrounded by houses. There are at least 15 houses on this circle in which it's in their line of sight. Mr. Dooley and his family haven't lived there. They don't know the neighbors; they don't know the neighborhood. If they did, I really don't think he'd be petitioning for short-term rentals in the neighborhood. His actions and comments at the hearing have really kind of sown even more distress. He said there were lots of things he didn't know. He bought a house but didn't know his wife would not live in it. He decided to go through this process and rent it, but he didn't know the requirements. That's pretty clear on even the Airbnb website. We covered the thing about his publishing of 25 of more events. He said he had a neighborhood contact. He didn't know the name of the man. He called him Roger Williams. His name's actually Roger Hogan who happened to be a neighbor trying to be neighborly. Mr. Hogan, as you look at the petition, you'll see he had also signed the petition requesting no short-term rentals should be done. He says he's only had a handful. We've documented at least 10. He says his long-term renters are a sure thing, they're not. They could die any time. He could be free to rent every three days if he gets this short-term rental permit. He doesn't even know the names of the neighbors. He claims he knows everything that goes at his house because he has security and surveillance. But yet he claimed no knowledge of the semi-tractor trailer truck that was parked in his driveway on the 18th, 2023 when he was not supposed to be doing any short-term rentals. He claimed his renters had not damaged the neighbor's property. When he found out, he still hasn't offered to make amends. At the first hearing, it was very distressing. The commission said it was a very difficult decision, but they thought because our neighborhood was small and we were close, that we were in a good position to police the activity of this short-term rental. That's not our job. We're not police people, we're not enforcers and we don't want to be. We just want to recognize what a great neighborhood we have, and we want to keep it that way. And we want our health, our safety, our well-being protected. Thank you for your time and your service to the community.” Deborah Saunders of 4532 Hammond Lane stated, “She lives four or five houses down from this property and I have lived there for 22 years with my family. I've raised two kids and I think they've climbed every tree in the neighborhood because that's what they did back then and that's what they're still doing. They still play cops and robbers. They still chase each other around on their bikes. They still do scooters, maybe not as much as it used to because they are inside gaming a little nowadays, but we still love to see them out and about. It is just a great neighborhood. It's a great community. I October 24, 2023 385 have made more, I guess, in my career, I could have moved a long time ago. I could have bought a bigger house in a better neighborhood and had all those things. I make more money than I need to make to live in this neighborhood. I haven't left for a reason and it's because it's two roads and there's no through traffic, it's close to everything. Everybody knows everybody. Everybody in here I have met, talked to within the last week because when you walk around the block of this neighborhood, it takes seven minutes to walk around the block and sometimes it takes an hour because you're too busy stopping and saying hello to everybody. We hope that you'll hear the petition. Nobody wants this in here. The house that he purchased is in the very back of the neighborhood. So in order to get to this house, you have to pass every single neighbor coming in or going out. And so everybody is affected, not just one person. If it was on the end, maybe you wouldn't have so much objection, but we just are small community and we just really want it to keep it that way. And we hope that the petition and everybody talking here today will show you that the longevity of everybody that's lived in this neighborhood, we have lost a lot of neighbors this year because they're elderly and that's hard on us. We've lost three or four on my street and it's just been tough. We really don't want it to flip into a Motel 6. So if you all could say no, we'd appreciate it.” Chairman Hooker closed the public hearing. Sueprvisor Mahoney commented, I want to give some credit to the applicant, Mr. Dooley. I think he has addressed many of the concerns that have been raised or attempted to address many of the concerns that have been raised. I'm concerned that he had operated in violation of the ordinance, but I think as all of us on the board are aware, when the county takes enforcement actions, our goal is not to secure a financial penalty, our goal is to secure compliance with the ordinance. And I think Mr. Dooley has attempted to do that. He has, in his favor, a positive recommendation from the Planning Commission, and it's not as though this board automatically concur with what the Planning Commission recommends, but in many instances we do. From a narrower perspective, from the Cave Spring District, as the board may recall, this is the third application we have had for a short-term rental special-use permit in the last year, year and a half. This board has approved one and denied one. The one that we have denied is currently in litigation and we're still litigating that. That's White Pelican, if you recall. I am concerned about several factors. I first heard about this activity back in the summer of 2021, and the allegations with respect to a use for short-term rental in violation of the ordinance, the allegations that perhaps may be one of the short-term rental users damaged adjoining property, knocking over the mailbox. We had county police respond, we had county enforcement staff respond. And so I'm struggling with the fact that if we did have a violation, why did it take from 2021 to 2023 to attempt to address that? I am concerned about, from an attorney perspective, the success of enforcement, if there is a violation in the White Pelican matter that's in litigation. The County has had some difficulty securing service of process against the property owner, even though he lives in Roanoke city. As a practical matter, as a legal matter to try to secure service of process somebody in Georgia, the writ of the sheriff October 24, 2023 386 kind of ends at the state border. And so our sheriff can't submit and serve individuals with paper in another jurisdiction. So I'm worried about how do we enforce any violation of the promises that have been made? Maximum of two cars, maximum of six tenants, maximum of eight people, things like that. If we look at the applications that the board has considered for short-term rentals in the Cave Spring District over the last year, year and a half, I think there are some differences between the one we approved and the one we denied. The one we denied in White Pelican was a neighborhood that was... The application was stuck back into a neighborhood. It wasn't in an area where there was an easy access in and out. It was on a one block cul-de-sac with maybe, I'm doing this off memory, maybe 12 houses total White Pelican. And I think, we had looked at that as a problem. If this were someplace that was more easily accessible, we might have a different perspective. And so the one we approved, I think it was last month, fit that bill. It was more easily accessible. It wasn't buried deep into a neighborhood. This application is buried deep in a neighborhood, a little bit larger neighborhood than White Pelican. There are 50, 55, 60 houses when you look at Hammond and you look at Gerrard. There's only one way in. There's only one way out. It is buried deep into that neighborhood, buried deep into that community. I see that as a problem for the Eaton Hills development. So I struggle with this case because I think Mr. Dooley has made a good faith attempt to come into compliance, but I am bothered by some of the past history going back to 2021. When I look at what the Roanoke County zoning ordinance requires, I think it is fair to say that this application is consistent with our comprehensive plan. It is generally consistent with our zoning ordinance, but one of the other findings that we have to make as a board in order to approve this application is that this will have a minimum adverse impact on the surrounding neighborhood and community. In listening to the neighbor's concerns and looking at the past history over the last two, three years, looking at the fact that we have a petition, I haven't counted all the names, but it's 80-90% of everyone that lives in this community, I'm unable to make a good faith finding that this application would have a minimum adverse impact on the surrounding neighborhood. I think it would have a detriment, a substantial detriment to the neighborhood and a substantial detriment to the community. I would like to hear comments from my other board members, but to start the process off, I would make a motion to deny because I believe that this application would result in a substantial detriment to the community.” Supervisor North In the presentation, it says general standards and one of them is under C, the name, address and personal contact information of the authorized party responsible for resolving complaints if different from the applicant. So who is that party? Mr. Thompson, do you know? Mr. Thompson responded in the negative stating, yypically, when you get approval of the special-use permit, then you would come in and get the zoning permit. So when you came in to get that permit, you would then have to fill out that information for us to then sign off on it. So we don't know at this point. Supervisor North then commented, “This is a challenge for this county. Not only this neighborhood, but I mean, this is the way of the world. Our children of today go out of October 24, 2023 387 town. They go through one of the third parties and rent a house on vacations or for the weekend if they go to DC or Alexandria. I go to a hotel. It's just the way I was raised. So I go to a hotel because everything's there I need and it's just easier. I feel a little uncomfortable about going to someone's house that owns it, that's not under a hotel management. That's just me. And I guess, it's because I haven't tried it yet. Young people today, they're not afraid to try something new because it's easy and they do everything on the phone and they don't think anything of it and they have a good time. I've never heard one of them complain in my family or any of their friends. But this is the way the world that's coming, because this area is constrained with respect to housing. We have 1100 new people coming into Roanoke County. Hopefully, most of them will, probably two-thirds to work one day at Wells Fargo on Plantation Road. They're going to need to buy a home. The housing market is kind of tight now. Interest rates are high, so it drives them to apartments to rent or short-term rentals until they can find some place to live. Now in this case, a short-term rental is less than 30 days. But I hear Mr. Dooley talk about a three-day minimum stay, but they could stay as long as 30 days, which means they could stay 27 days longer than the minimum. This is tough because if we may have more of these coming and this board's going to have to deal with those going forward, and it's like we're rewriting the rules of lodging that has been the way of the world for a long time. I got a lot of people coming to my house or my neighborhood and they park next door or they park someplace else and I'm like, "Who are these folks?" The car stays there two or three days. You don't know what it is. As long as they behave, you don't worry about it too much. But I probably wouldn't want this in my neighborhood because it's something new and different in my neighborhood, to my knowledge, doesn't have any of these operations. I wondering how many of these are going on in the county that we may not know about because if they are, they're in violation of county ordinances and that may be something to come. So I see the good. I see the positive. I see the downside. I see the concerns of the neighborhood. I think in this particular case though, from what I can determine, there's been some bad occurrences or violations that have raised the specter of the community's awareness and concern. Now, if this had started off quietly in a different manner, you might say, and the permit was issued, yada, yada, yada, and there was no problems, no one probably would be saying anything about it. But when you damage somebody's mailbox and then you don't fix it, the good thing to do in my opinion is if someone's staying at your place did it and didn't fix it, then you go ahead and be like my son who ran into a mailbox and called me up and said, "Dad, I think I hit a mailbox." "Well, what do you mean you think you hit it? You either did or you didn't." And so I said, "Where are you?" Anyway, long story short, he did hit the mailbox and I guess it startled him so he kept on going, and so that wasn't good. So he and I had a talk and we went and bought a mailbox and took it to the neighbor and had him do the talking and tell the neighbor he was sorry and gave the neighbor the mailbox. And we offered to put it up and the neighbor said, "No, that's okay. Just leave it over there. I'll get to it." Because he wants to do it himself. The problem is you got to treat people the way you want to be treated. October 24, 2023 388 And at the end of the day, the goodwill goes a long way. I see that this got off on the left foot and it's left a bad impression of some of you folks. And I guess, it would leave a bad impression of me too if this was my neighborhood, that some of these things occurred. On the other hand, I think Mr. Dooley is trying to make things right. And I will tell you this, if this was acceptable and this was approved, my concern is just what I asked Mr. Thompson... Had too much sugar at dinner tonight. I asked Mr. Thompson who the name and contact is because you need a phone number to call and fuss at somebody when there's a problem. And someone who's living out of state, that's a tall order because you're not there to see or get there quickly if you need to come to the facility. So this is tough because this issue's going to come up some more and that's why I struggle with it. And what's the old adage? If you're not sure or you're not certain, then you got any doubt, then you better rethink it and take a pause. So I may not be voting for this tonight.” Supervisor Pters stated, “He can't put it as well as the attorney did beside of me, but I have looked at this. I've struggled with it many times, but I think Mr. North made a very good point. I have to travel to Baltimore. I've traveled to Alexandria, I traveled to Myrtle Beach and different places, and it's not a big deal to stay in one of the Airbnb, but you're actually going to a destination that has a lot of entertainment or whatever, what have you. I've began to have a real problem with this when it's in the neighborhood. I've never stayed in one that's in a neighborhood, and kind of like what Mr. North just said, I would have a real problem if it was beside my house. I know they have them downtown. And again, it's a different atmosphere downtown and I get that. But I'm getting more and more uncomfortable with the ones that are in the neighborhoods. So I'm not likely to support this going forward either.” Supervisor Radford commented, “There's actually an option that Mr. Dooley has. He could go the opposite way. He could do a long-term rental. He could do a twelve-month rental. Now, you guys know that I'm a landlord and I have homes up in town at Christiansburg and I'm also unfortunately the HOA president of 52 homes. But when we developed that, we made the HOA rules and regulations. If we're going to lease any of those units, they have to have a 12-month lease. So we don't have this problem with people coming in and out. So I think he might need to look at it a different way. I'm glad that the college professor wants it, three months here, three months there. But there are a lot of people out there. My six homes, since the pandemic, when they come up for renewal, I put them on Craigslist. Wherever I put them, they stay open for about five minutes and I've got them leased just like that. I bet Mr. Dooley could easily rent that 12 months and that would help solve a lot of problems with these people in your community. I think short-term rental is going the wrong way. Long-term rental, that's what we need in our community right now is we need long-term rentals. This house would be perfect for it, Mr. Dooley. Absolutely perfect. And I'm a testament because it's happening where I'm at right now. So yeah, plus you have the same person there for 12 months. You get to know your neighbor, you're going to walk around and greet them, and you probably won't hit their mailboxes either.” October 24, 2023 389 Supervisor Mahoney moved to deny based upon the fact that this would have a substantial detriment to the community. “I acknowledge that it is probably consistent with our comprehensive plan, but as I said, I don't see how he can not make a motion in a finding that says this would have a minimum adverse impact on the neighborhood. Instead, I think this has a substantial detriment to the neighborhood. For that reason, I would move to deny.” Supervisor Peters seconded the motion. ORDINANCE 102423-5 DENYING A SPECIAL USE PERMIT TO TERRY W. DOOLEY, JR. TO OPERATE A SHORT-TERM RENTAL ON APPROXIMATELY 0.2363 ACRE OF LAND ZONED R-1 (LOW DENSITY RESIDENTIAL DISTRICT), LOCATED AT 4501 GIRARD DRIVE, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Terry W. Dooley, Jr. has filed a petition for a special use permit to operate a short-term rental on approximately 0.2363 acre of land zoned R-1 (Low Density Residential) District, located at 4501 Girard Drive (Roanoke County Tax Map Number 077.17-02-40.00-0000), in the Cave Spring Magisterial District; and WHEREAS, the first reading of this ordinance was held on September 26, 2023, and the second reading and public hearing were held on October 24, 2023; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 3, 2023; and WHEREAS, the Roanoke County Planning Commission recommends approval of the petition to obtain a special use permit, with three conditions; and WHEREAS, during the public hearing on October 24, 2023, the Board considered comments made by the petitioner and also considered comments made by several citizens. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The Board finds that granting of the proposed special use will result in substantial detriment to the community. 2. The special use permit is hereby denied. On motion of Supervisor Mahoney to deny the ordinance, seconded by Supervisor Peters 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 had just one thing he wanted to bring up to our staff. We started discussion informally about the deer population, so he would like October 24, 2023 390 us to get back on that track and talk about that in a little more in depth, either at a meeting, a work session, through email just so we know we're looking at all our different options. Our chairman, the other day had a deer hit her, that she didn't hit the deer, the deer hit her. We have more deer than we have cars, so it's something we need to take a look at now. Supervisor Peters stated he really did not have anything specific for tonight, but does have a request to the Board. We've had a lot going on this past year, and as you know, he has been out campaigning and having a lot of conversations with folks, but he began getting a lot of questions about the CTE and the school projects where they stand. He knows that it's been a difficult year, but thinks that it is time that we look at a joint meeting with the schools to have, because the five of us are holding the purse strings. We need to have the answers to the questions that he was asking earlier about the financing. He thinks we really need to know truly where these projects are going and what's taking place because the citizens are asking. He is not saying it has to be now, but is thinking that we do need to get that on the calendar and thinks that we all need to be brought up to speed on where things are and where they're going. Supervisor North stated he has a couple of things. It's a busy day on the 16th and 17th of October. I always like to listen to the Appropriations Committee, in Richmond of the House and Delegates when they have their quarterly meetings and when Secretary of Finance, Cummings reports on what's going on in the state of the Commonwealth. The first quarter, which is July 1st through September 30th, we were told by Secretary Cummings the collections of revenue coming into the state were $412 million over budget, signaling a strong non-withholding collections of which 259 million were non-withholding up 35% over the same period last year. Earlier forecasts, when they did the budget, the one they finally passed had forecasted a 20% decline year- over-year. So the conservative nature of the Commonwealth has exceeded expectations, which is a good thing going into the second quarter, which is October, November, December and onward to the first quarter, which everyone thinks is going to be interesting in terms of a slowdown after everybody's broke after Christmas. Withholding collections were forecast down 7%, but they were reported 2% above for the same period this year versus last year. So let's see what happens because he wants to get that $150 million back for I-81 that they gave to our folks East Richmond on 64. Later that week, on the 17th, I attended the Greater Williamson Road Association meeting, which is a monthly meeting and heard an overview of the airport expansion plans from executive director, Mike Stewart, which enlightened the community. Someone asked the question, "Were they going to have any pilotless planes taking off and landing at the airport?" And the answer was no. Not any soon probably. So that's good to hear. Also, on that same day, we made a call on one of our large customers here in the area of Roanoke and Hollins. And from an economic standpoint, we learned that the automotive industry is down 16 million vehicles nationwide being produced, new vehicles, which is equivalent to a strong production year before COVID when they used October 24, 2023 391 to produce 14, 15, 16, sometimes 17 million new vehicles. Now that tells me that we're going to have escalated higher used car prices going forward that we had last year. They may stay the same, come down a little. It also tells me that if you're in the market for a new car, you got to wait. One type car came in, there was 40 vehicles arrived, 30 were already sold before the car has got there to the dealership, and 10 cars would probably be sold within the next 10 days to two weeks. So it's a very vibrant market. People are still buying automobiles even with the interest rates because sometimes you get a lower interest rate going through a dealer or Credit Union. Then you might get that you hear about in the paper, like the Wall Street Journal says it's around seven, seven and a half percent for a car loan. So people have a lot of pent-up demand. They got to drive here, there, and everywhere and they're going to buy vehicles. And so this is going to challenge us and staff knows this with respect to our budget as we begin to build the budget for the next year because of the rate on personal property for starters. So that's something we're going to have to take into consideration. I know staff knows that. So with that said, that's all I have to report. Supervisor Mahoney stated first of all, as you heard me this afternoon when I nominated Jeremy Carroll for the Roanoke County Economic Development Authority, I want to thank Steve Anderson. Steve Anderson was a member of the Economic Development Authority. He was a valuable member of the authority. I'm sorry, he does not want to be reappointed. He thinks that's a loss to Roanoke County and our Economic Development Authority. But he also thinks Jeremy Carroll will be an excellent replacement for Steve. But again, I want to publicly thank Mr. Anderson for his volunteer participation on our Economic Development Authority. The second item is on October 19th, last week, we had a community meeting in this building up on the third floor and we were looking at the trying to take the next step in terms of implementing the 419 plan. And specifically, we were looking at streetscape improvements for Starkey Road and Ogden Road. Kelly McMurray, the Cave Spring Planning Commission member was there. We had representatives from the Virginia Department of Transportation Residency Office and we also had a members of the consultants, the Whitman, Requardt and Associates. Unfortunately, we only had 12 citizens attend the community meeting. There is a survey that is available that you can go online and complete. That survey is open until November 3rd. So I would encourage anybody if you want to make some comments about streetscape improvements, the Starkey and Ogden in terms of implementing the 419 plan, please do so. There will be a second community meeting sometime in the spring of 2024. Finally, maybe some irritation or bad news for some of our citizens. You may have noticed that there is currently paving going on where the Starkey Road and Buck Mountain Road roundabout is. EC Pace is the VDOT contractor. He's doing paving from 9 to 3 during the day. Unfortunately, that may take up to 10 days to finish. I was talking with staff and highway department folks. We were looking at the possibility of perhaps doing nighttime paving. That also would've been a disruption to the neighborhood, but it would've gotten finished much quicker, maybe in 392 October 24, 2023 five days. But unfortunately, with the temperatures, the nighttime temperatures as they drop, I'll yield to Mr. Caywood and his past history, I guess you can only do certain things with asphalt at certain temperatures and the goal though is we need to get this paving done before they shut the asphalt plants. So usually that closes, when do they close? End of November, beginning of December. December 1st, depending on the temperature. So I want to apologize to the folks who use Starkey Road, Buck Mountain Road and those subdivisions up Buck Mountain. It is going to be challenging going through that intersection over the next 10 days. Just want to let everybody know that's what's going on. But there is a light at the end of the tunnel. Supervisor Hooker state by the time that we meet next time to together, that we will have already had, our window will close for voting, and November 7th is election day. I just want to encourage all eligible citizens to let your voice be heard. We encourage you to vote. You can vote early, you can vote on the election day. It's up to you. IN RE: ADJOURNMENT Chairman Hooker adjourned the meeting at 7:01 p.m. Submitted by: Approved by: -zozA v k 0 fk -ge Martha B. Hooker Clerk to the Board Chairman Cc c r3 Caywoo./