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HomeMy WebLinkAbout10/13/2009 - RegularOctober 13, 2009 699 County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 13, 2009 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of October 2009. IN RE: CALL TO ORDER Chairman Altizer called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael W. Altizer; Vice-Chairman Joseph P. McNamara, Supervisors Joseph B. "Butch" Church, Charlotte A. Moore MEMBERS ABSENT: Supervisor Richard C. Flora STAFF PRESENT: B. Clayton Goodman III, County Administrator; Daniel R. O'Donnell, Assistant County Administrator; Diane D. Hyatt, Assistant County Administrator; Paul M. Mahoney, County Attorney; Deborah C. Jacks, Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Director IN RE: OPENING CEREMONIES The invocation was given by Pastor Pattie Sewell, Green Ridge Presbyterian Church. The Pledge of Allegiance was recited by all present. IN RE: RECOGNITIONS Chairman Altizer recognized that Laura Curtis and Drew Dunsmore from U. S. Senator Mark Warner's office were present at the meeting. 700 October 13, 2009 IN RE: BRIEFING 1. Briefing and presentation ~ Vir inia Amateur Sports, Inc. on the 2009 Coventry Commonwealth Games of Vir inia Peter Lampman, Vir inia Amateur S orts Mr. Lampman distributed a report to the Board members with information about the economic impact and demographics of the 2009 Coventry Commonwealth Games of Virginia. He advised that without the support of the County, the Parks, Recreation and Tourism Department staff and Director Pete Haislip, these games could not have been held. They are looking forwarding to next year's games and participating in the County's new Green Ridge Recreation Center. Over the past twenty years, this annual multi-sports festival known as Virginia's Olympics has attracted more than 175,000 athletes. Mr. Lampman advised that the 2008-2009 total economic impact of the games was more than $3.5 million. The event had a two percent increase in athletes despite the economy and approximately 2,000 athletes participated this year from the Roanoke Valley with 74 percent of the athletes coming from outside the Roanoke Valley. He advised that 71 percent of the athletes were less than 18 years of age and their families traveled with them. They are planning to continue their tradition of excellence in 2010 with their 21St anniversary, which will be held July 16 through 18, 2010. He presented a plaque of appreciation to Chairman Altizer in recognition of the County's ongoing support and commitment to the Coventry Commonwealth Games. October 13, 2009 701 Each of the Board members expressed appreciation to Mr. Lampman and Virginia Amateur Sports for their efforts in continuing the Coventry Commonwealth Games in the Roanoke Valley. Mr. Lampman advised that they highlighted on their website that athletes participating in the 2010 games will be able to utilize the County's Green Ridge Recreation Center. He believes that the center will be a great asset for those attending next year. IN RE: PUBLIC HEARINGS 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2009-2010 budget in accordance with Section 15.2-2507, Code of Vir inia Brent Robertson, Director of Management and Bud et Jimmy Lyons, Budget Analyst, presented the staff report. Mr. Lyons advised that this is a public hearing to secure citizen's comments concerning amending the fiscal year 2009-2010 budget. Section 15.2-2507 of the Code of Virginia, as amended, provides that whenever such amendment exceeds one percent of the total expenditures shown in the adopted budget or $500,000, whichever is lesser, the County must publish notice of a meeting and public hearing. This notice was published on May 5, 2009. The proposed amendments include the following: (1) Request to purchase three fire vehicles and adopt a resolution authorizing the borrowing of $736,065 from the Health Insurance Fund to finance these vehicles. (2) Appropriation of funds in the 702 October 13, 2009 amount of $16,049 to the Clerk of Circuit Court from the state for fiscal year 2009-2010. (3) Request to accept and appropriate the Edward Byrne Memorial Justice assistance grant from the U.S. Department of Justice in the amount of $35,033. (4) Request to accept and appropriate a State Criminal Alien Assistance Program federal grant in the amount of $6,859 from the Bureau of Justice Assistance. Mr. Lyons continued that conducting the public hearing does not guarantee that the four requested appropriations will be approved. Board action appropriating funds will occur later in the meeting. Chairman Altizer opened and closed the public hearing. There were no citizens present to speak. IN RE: NEW BUSINESS 1. Request to purchase three fire vehicles and adopt a resolution authorizing the borrowing of 736 065 from the Health Insurance Fund to finance these vehicles Rebecca Owens, Director of Finance; Richard E. Burch, Jr•, Chief of Fire and Rescue R-101309-1 Chief Burch introduced those attending from the Volunteer Fire Chiefs Board: Greg St. Clair, Hollins Station; Jason Cavagnaro, Cave Spring Station; and Robert Ketchum, Hollins Station. Chief Burch gave a brief history of the fire vehicle replacement plan. He advised that staff has budgeted $400,000 per year in a line item to replace fire October 13, 2009 703 apparatus since 1998 or 1999. From that time the budgeted amount had been enough to purchase one or two fire trucks per year; however, now those funds are not enough to purchase the fire vehicles necessary to keep the County's fleet updated. The fire truck manufacturers developed a lease purchase plan for departments to borrow funds; however, since the lease purchase involves interest, staff thought that an internal loan would be best to keep those funds inside the County. He continued that internal borrowing was used eight years ago to purchase four or five fire trucks and the line item budgeted funds repaid that loan over three or four years. They used internal borrowing a second time four or five years ago and that loan was also repaid. Staff wanted to borrow funds internally last year but due to budget constraints, the decision was made to buy one truck for the new station and wait to see if the economy improved before using the internal lease purchase again. Chief Burch advised that they originally requested five trucks but reduced the request from five to the three most critically needed trucks due to budget reductions. This year they have $300,000 available in this line item since $100,000 was used for departmental budget reductions. The replacement of these apparatus is crucial to keep modern, up-to-date and efficient equipment available to provide services to the County citizens. Replacement of older equipment is also essential to reduce the cost of maintenance and repairs. This plan includes the purchase of three new apparatus and will result in four vehicles being taken out of service, thereby reducing the fleet by one. 704 October 13, 2009 Chief Burch advised that the County will be purchasing the following: (1) Two tankers with a 1,500 gallons-per-minute pump and 1,800 gallon water tank. These units will go to Cave Spring and Mount Pleasant. (2) One rescue pumper, which will replace one pumper and heavy squad truck. This unit will go to Hollins. The Hollins Rescue Department is contributing a total of $175,000 towards the purchase of the new vehicle, which includes $75,000 from the sale of the heavy squad truck, which they purchased, and $100,000 from donations. He expressed appreciation to the Hollins Rescue Department for contributing these funds. The heavy squad truck was sold last year and they have been relying on the truck from Fort Lewis to run the Interstate 81 corridor. Chief Burch advised that the fleet has three other vehicles that are twenty- five years or older and eleven vehicles between twenty and twenty-four years old. The replacement plan is very important. He advised that Ms. Owens would speak concerning the financial part of the purchase. Ms. Owens advised that the total purchase price of the fire vehicles and equipment is $1,211,065. The Fire and Rescue department has $300,000 budgeted annually for capital, which will go towards this purchase. The Hollins Rescue Department is contributing $175,000 towards this purchase and this leaves a remaining balance of $736,065 to complete the purchase. October 13, 2009 705 Ms. Owens continued that in an effort to expedite the financing process and save the County issuance and administrative costs that would be incurred when completing a bank financing or lease purchase, staff would like to internally finance the purchase of the fire trucks through a loan from the Health Insurance Fund in the amount of $736,065. The County has ample reserves, which would allow the financing of this purchase, while maintaining adequate reserves for future claims as well as offset any significant increases in premiums. This financing recommendation is similar to the action that the Board approved in 2001 and in 2004 for the purchase of fire vehicles and in 1998 for the construction of the regional fire training center. Also, in 2000, there was an internal financing for the purchase of seven solid waste vehicles. Historically, this type of financing has allowed the County to maintain an up-to-date fleet while saving costs associated with external financing. Staff has provided a schedule for repayment of this loan with the agenda. It is staff's recommendation that the Board approve the purchase of the fire vehicles and adopt the resolution to finance the $736,065 purchase cost, with interest of two percent annually to be paid over the next three years. Supervisor McNamara asked that Chief Burch refresh his memory regarding the 1998-1999 purchase of trash trucks. He remembered that funds were received from the Airport Commission and inquired if the funding was $300,000. Chief Burch responded that $250,000 or $260,000 was received from the Airport Commission and additional County funding was necessary for the $400,000 capital line item. Supervisor Church advised that he received a telephone call from Chief 706 October 13, 2009 St. Clair approximately ten days ago and referred his call to administration. He apologized for not returning the call; however, he did not know this item was on the Board's agenda because the packets were not delivered until this past Friday afternoon. Supervisor Church inquired how the repayment would be impacted if the economy and budget continues in a downward trend. Chief Burch replied that consideration would be given to extending the loan for another year or more. Ms. Owens advised that to extend the loan, staff would have to bring an item to the Board to approve a change in the financing plan. Supervisor Church asked about the condition of the current vehicles in the County's fleet. Chief Burch responded that the average life of a fire truck is between fifteen and twenty years, and as time progresses, technology, availability of parts and safety concerns all play a part in the decision to replace trucks. As he mentioned, they have three trucks that are over twenty-five years old and eleven that are in the twenty to twenty-four year range. Supervisor Church asked Chief Burch if the department could function successfully another year without the replacement vehicles being requested. Chief Burch responded that they are already two years behind in replacing vehicles. He felt it would be difficult to push the vehicles another year because the excessive age of the trucks could begin to be a factor when providing services. October 13, 2009 707 Supervisor Church asked for the current statistics concerning the average number of fires per year that use fire equipment and not rescue. Chief Burch responded they run approximately 13,000 calls per year with 80 percent being Emergency Medical Services (EMS) calls, and that fire trucks respond to some of these. He would estimate that there are approximately 3,000 fires per year. Supervisor Church advised that since he has been on the Board, he does not believe that he has voted not to fund any public safety issue. He advised that he would support approval of the resolution; however, he would be unable to attend the public hearing tonight and would make his Board comments now. Supervisor Church advised that a month ago, the Board was asked to take funds from the Health Insurance Fund and that request was denied by a vote of three to two as not being appropriate. He commented that the major capital reserve is $2.3 million; $200,000 is currently appropriated for the Glenvar Library; there are savings from the South County Library of $500,000; and including the revenue sharing funds and interest on revenue bonds, there are available funds of $5,439,000. He commented that $1.6 million was needed without borrowing any funds to build a library that has been untouched for 31 years. He advised that the funding for the fire vehicles is being requested from the same source that funds were denied to be used in the Glenvar area a month ago. He stated that he supports public safety and feels that the situation in Glenvar will be reversed next year. 708 October 13, 2009 Supervisor McNamara advised that he was on the Board in 1998 when seven trash trucks were purchased and they put aside $165,000 per year and purchased one truck every two years. Boards have not had to come up with funds for trash trucks since that policy was started. Boards since 1998 have not had to come up with funds to pay for six or eight fire trucks at one time. He stated that the big difference in using internal borrowing is that the cash flow is identified and established and there is a continual cash flow of $300,000 in the budget. He commented that if the current economic trend does not get better, this amount is still budgeted on a continual basis. There is significant advantage to bunching purchases; the internal borrowing method has been used successfully for many years; and it seems appropriate to continue to use it. He commented that the Glenvar Library funding will happen in the very near future and if the Board had more time to work out the financing, rather than pushing through a vote, the outcome might have been different. Supervisor Church advised that he wanted to comment on Supervisor McNamara's last statement. He advised that they had an extensive list of revenue funding streams, which were not speculative, and funding of only $1.6 million was necessary to move forward. He feels confident that funding will be provided in 2010; however, they have lost several months of architectural and engineering work. October 13, 2009 709 Supervisor Altizer advised that the County is experiencing more building in rural areas and this is an 80 percent increase in water that the tankers can carry, which might be the difference in saving half a house or no house. He commented that no new money is involved. The $300,000 is already budgeted and this is basically a ledger transfer of funds. He asked Ms. Owens if this was an accurate statement and she confirmed that it was. He advised that he intended to support approval of the request. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora Supervisor Church commented while voting that Diane Hyatt, Assistant County Administrator, was not present; however, he thought she would have answered as Ms. Owens that this would be just a transfer from one fund to another with the exception of the $1.6 million necessary for the Glenvar area. Chief Burch expressed appreciation to Ms. Owens and her staff for their assistance this year and in previous years. He also expressed appreciation to the Volunteer Chiefs Board and those attending for their support. RESOLUTION 101309-1 AUTHORIZING THE BORROWING OF $736,065 FROM THE INTERNAL SERVICE FUND BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA TO FINANCE THE ACQUISITION OF CERTAIN FIRE VEHICLES 710 October 13, 2009 WHEREAS, the Board of Supervisors (the "Board") of Roanoke County, Virginia, (the "County") has determined that it is necessary and expedient to borrow an amount not to exceed $736,065 from the County Health Insurance Fund to finance the acquisition of certain fire vehicles. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. The Board hereby determines that it is advisable to loan surplus monies available in the County Health Insurance Fund to the County Fire and Rescue Department to purchase fire vehicles (the "Loan"). The Loan shall be made on the terms set forth in this resolution. The County Health Insurance Fund shall lend an aggregate principal amount not to exceed $736,065. There will be an interest charge of 2% annually for this loan. 2. The Fire and Rescue Department will repay the Health Insurance Fund with 3 annual payments. The Fire and Rescue Department will repay the Health Insurance Fund $300,000 in July 2010, $300,000 in July 2011 and $147,682.03 in July 2012. The loan from the County Health Insurance Fund will be fully paid and satisfied in July 2012. 3. The Fire and Rescue Department may prepay the Loan at any time without penalty. 4. This resolution shall take effect immediately upon its adoption. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora IN RE: FIRST READING OF ORDINANCES 1. Ordinance to accept the conveyance of a 0.1609 acre ap rcel of unimproved real estate for the extension of Ivyland Road, Route 775, Vinton Magisterial District Paul M. Mahoney County Attorne Mr. Mahoney advised that is the first reading of an ordinance to authorize the acceptance of a donation of real estate, which is the first step in a multi-step process to complete the Ivyland Road project. The Ivyland Road project is a rural October 13, 2009 711 addition project, which is difficult and complex. He explained that approximately two months ago, he sent a memorandum to the Board outlining some of the real estate title issues and problems with this project. He referred to a map that displayed all of the properties that must be acquired in order to move forward with this project. This ordinance represents one of the more difficult conveyances, which is a cul-de-sac at the end of the road. County staff identified the type of problems and the need to acquire conveyances of land from approximately 15 different property owners. He pointed out on the map the part of Ivyland Road that is paved and the end of State maintenance. Mr. Mahoney advised that staff decided to start with the more difficult conveyance of the cul-de-sac because this is one of the larger conveyances necessary for the entire project. Most of the other conveyances are fairly small strips of land. VDOT needs a 40-foot wide right-of-way to take the road into the State system and what they have mostly in the Ivyland Road area are 30-foot descriptive easements. This means that they are looking to acquire 10-foot rights-of-way from the property owners on either side of this road. Mr. Mahoney advised that some of the title problems involve over-laps of deeds and because this neighborhood was established approximately 60 to 70 years ago, there are many title problems to be resolved. One problem was that one of the original owners of all of the property moved to New York and died in 1945 and the will and estate administration were handled in Connecticut and New York, which caused a gap in the title of the properties. Mr. Mahoney continued that he may have to come back 712 October 13, 2009 to the Board in the future after they have acquired deeds from the fourteen to fifteen parcel owners to request that the Board authorize filing a condemnation action against unknown owners instead of going to New York and tracking through a 1945 estate. He clarified that this action does not have to be taken now and it will be a long, involved process to resolve the title issues. He felt that this conveyance was good news for the project because a citizen is willing to donate this property to move the project forward. He requested that Chairman Altizer brief the Board on the community meeting held last evening with County staff concerning this project. Chairman Altizer advised that the meeting last night was successful in bringing an understanding about the rights-of-way to the citizens. He commented that the road is basically 16-feet wide and will become 18-feet when taken into the State system by VDOT. Some of the citizens thought they needed to donate up to a 20-foot right-of-way and did not understand that the 20-foot right-of-way extends from the center line and the donation necessary actually could be 12 feet or in some cases 10 feet. The discussion about the right-of-way cleared up confusion on the part of the citizens. He requested that Arnold Covey, Director of Community Development, arrange another meeting between the citizens and VDOT to understand why State maintenance of the road changed. Mr. Mahoney advised that the Board had expressed at a work session that they wanted the rural addition projects to move forward more quickly. He explained that many of these projects involve real estate title problems, which take time to resolve. In October 13, 2009 713 this instance, they need to acquire the donation of rights-of-way from approximately fifteen property owners to the County so that the County can convey these rights-of-way to VDOT in order to get the road into the State system under the rural addition program. He commented that staff will continue to work through the process. He requested that the Board approve the first reading of the ordinance. There was no discussion. Supervisor Altizer moved to approve the first reading and schedule the second reading and public hearing for October 27, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora IN RE: SECOND READING OF ORDINANCES 1. Ordinance amending the Intergovernmental Agreement with the City of Roanoke concerning the regional 800 MHZ trunking radio system Jose h B. Obenshain, Senior Assistant County Attorney; Bill Greeves, Director of Information Technology) 0-101309-2 Mr. Greeves advised that there have been no changes since the first reading of the ordinance. He requested that the Board adopt the ordinance. There was no discussion. 714 October 13, 2009 Supervisor Altizer moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora ORDINANCE 101309-2 TO AMEND THE INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ROANOKE CONCERNING THE REGIONAL 800 MHZ TRUNKING RADIO SYSTEM WHEREAS, the County of Roanoke and the City of Roanoke have previously entered into an Intergovernmental Agreement ("the Agreement") dated December 17, 1997, for the purpose of expanding the County's existing 800 MHz trunked radio communication system ("the System") to serve both the County and the City's fire, police, emergency and other radio communications needs pursuant to Section 15.2- 1300 of the Code of Virginia (1950), as amended; and WHEREAS, the Agreement has been previously amended on October 1, 2001, and September 19, 2005 in connection with operational details for the System and the FCC rebinding project; and WHEREAS, the County and City desire to further amend the Agreement to provide a clear, concise and measurable description of services, responsibilities, duties and cost of services to maintain the System to be provided by the County to the City under the term of the Agreement; and WHEREAS, Roanoke City Council approved the proposed Third Amendment to this Intergovernmental Agreement on the 17th day of August, 2009; and WHEREAS, the first reading of this Ordinance was held on September 22, 2009, and a second reading was held on October 13, 2009 NOW, THEREFORE, BE IT ORDAINED BY the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Service Level Agreement between the County of Roanoke and the City of Roanoke, dated July 1, 2009, is approved and authorized to be incorporated into and made a part of the Intergovernmental Agreement dated December 17, 1997, as the Third Amendment thereto. 2. That the remaining terms and conditions of the Intergovernmental Agreement, including Amendments One and Two, except as specifically modified by the Third Amendment thereto, shall remain in full force and effect. 3. That the County Administrator is hereby authorized to execute such Amendment to the Intergovernmental Agreement concerning the Regional October 13, 2009 715 800 MHz Trunking Radio System upon such form as approved by the County Attorney. 4. That this Ordinance shall be in effect from and after its adoption. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora IN RE: SECOND READING AND PUBLIC HEARING OF ORDINANCES 1. Ordinance authorizing the conveyance of 9:A~A 0.007 acre along Clearbrook Lane to the Wal-Mart Real Estate Business Trust Paul M. Mahoney, County Attorne 0-101309-3 Mr. Mahoney advised that this ordinance and the next ordinance will require Board approval and are associated with the Wal-Mart Real Estate Business Trust. The first ordinance was originally a 0.020 acre parcel to be conveyed; however, his communications with the attorney for the Wal-Mart Trust indicated that the acreage had been reduced to 0.007 acre. Mr. Mahoney further advised that the date on the plat should be changed from September 10, 2009, to September 30, 2009, in the second "whereas" clause and in the first paragraph of the ordinance. This agenda item and the next item are public hearings and he requested that the Board hold a public hearing on each item. He requested that the Board adopt the amended first ordinance and the second ordinance authorizing the conveyance of 1,913 square feet. He asked that the Board vote separately on each of the ordinances. 716 October 13, 2009 There were no citizens present to speak on this item and there was no discussion. Supervisor Moore moved to adopt the ordinance with the change from 0.020 to 0.007 acres. Chairman Altizer asked Mr. Mahoney if the motion should be to adopt the ordinance as amended, which would include all of the changes he requested. Mr. Mahoney responded in the affirmative. Supervisor Moore moved to adopt the ordinance as amended. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora ORDINANCE 101309-3 AUTHORIZING THE CONVEYANCE OF 0.007 ACRE ALONG CLEARBROOK LANE TO THE WAL-MART REAL ESTATE BUSINESS TRUST WHEREAS, the Board of Supervisors acquired this property located along Clearbrook Lane by a dedication by plat dated April 7, 2003, and recorded in Plat Book 26 at Page 122; and WHEREAS, this property is designated as Parcel "I" on a certain plat entitled "Plat of Resubdivision and Right of Way Vacation for: Wal-Mart Business Trust Store No. 1301-02" prepared by Dewberry & Davis, Inc., dated July 31, 2009, and revised September 30, 2009; and WHEREAS, the County and Wal-Mart Business Trust entered into an agreement dated June 19, 2009, regarding certain real estate dedications, vacations and other work related to the development of a shopping center in the Clearbrook area of Roanoke County; and WHEREAS, this agreement provided for certain real estate conveyances between and among the parties; and October 13, 2009 717 WHEREAS, this ordinance authorizes the conveyance of this property in order to fulfill the obligations of this agreement, to implement the provisions of the rezoning and SUP Ordinance No. 102406-7 and to assist Wal-Mart Business Trust in the completion of certain public road improvements; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on September 22, 2009, and the second reading and public hearing was held on October 13, 2009. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the conveyance of a 0.007 acre parcel of real estate located along Clearbook Lane and designated as Parcel "I" on a certain plat entitled "Plat of Resubdivision and Right of Way Vacation for: Wal-Mart Business Trust Store No. 1301- 02" prepared by Dewberry & Davis, Inc., dated July 31, 2009, and revised September 30, 2009, to the Wal-Mart Business Trust is hereby approved and authorized; and 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and 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. On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora 2. Ordinance authorizing the conveyance of 1,913 square feet along U.S. Route 220 to the Wal-Mart Real Estate Business Trust Paul M. Mahoney, County Attorne 0-101309-4 Mr. Mahoney advised that there have been no changes in this ordinance since the first reading. He requested that the Board adopt the ordinance. There were no citizens present to speak on this item and there was no discussion. 7 ~ 8 October 13, 2009 Supervisor Moore moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora ORDINANCE 101309-4 AUTHORIZING THE CONVEYANCE OF 1,913 SQUARE FEET ALONG U.S. ROUTE 220 TO THE WAL-MART REAL ESTATE BUSINESS TRUST WHEREAS, the Board of Supervisors acquired this property located along U.S. Route 220 by a deed from Vine & Branch, Inc. dated May 14, 2003, and recorded in Plat Book 26 at Page 122; and WHEREAS, this property is designated as Area #2 on a certain plat entitled "Plat Showing Property (36,246 S.F.) Being Dedicated to the County of Roanoke for Street Purposes and New Temporary Construction Easement, 30' Temporary Access Easement #1, Temporary Access Easement #2, Permanent Utility Easement, Permanent Sanitary Sewer Easement, Permanent Water line Easement, and a New Temporary Slope/Permanent Drainage Easement Being Granted to the County of Roanoke by the Vine and Branch, Inc. Situated along U.S. Route 220, Cave Spring Magisterial District, Roanoke County, Virginia"; and WHEREAS, the County and Wal-Mart Business Trust entered into an agreement dated June 19, 2009, regarding certain real estate dedications, vacations and other work related to the development of a shopping center in the Clearbrook area of Roanoke County; and WHEREAS, this agreement provided for certain real estate conveyances between and among the parties; and WHEREAS, this ordinance authorizes the conveyance of this property in order to fulfill the obligations of this agreement, to implement the provisions of the rezoning and SUP Ordinance No. 102406-7 and to assist Wal-Mart Business Trust in the completion of certain public road improvements; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on September 22, 2009, and the second reading and public hearing was held on October 13, 2009. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: October 13, 2009 719 1. That the conveyance of a 1,913 square foot parcel of real estate located along Clearbook Lane designated as Area #2 on a certain plat entitled "Plat Showing Property (36,246 S.F.) Being Dedicated to the County of Roanoke for Street Purposes and New Temporary Construction Easement, 30' Temporary Access Easement #1, Temporary Access Easement #2, Permanent Utility Easement, Permanent Sanitary Sewer Easement, Permanent Water line Easement, and a New Temporary Slope/Permanent Drainage Easement Being Granted to the County of Roanoke by the Vine and Branch, Inc. Situated along U.S. Route 220, Cave Spring Magisterial District, Roanoke County, Virginia" to the Wal-Mart Business Trust is hereby approved and authorized; and 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and 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. On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora IN RE: APPOINTMENTS 1. Building Code Board of Adjustments and Appeals Fire Code Board of A eals (appointed at lar e Chairman Altizer advised that David M. Shelton, Jr. and Ralph T. Henry were being reappointed as alternates to serve additional four-year terms. Confirmation of these appointments was placed on the Consent Agenda. 2. Grievance Panel (appointed at lar e Chairman Altizer advised that Jim Garlow was being reappointed as an alternate to serve an additional three-year term. Confirmation of his reappointment was placed on the Consent Agenda. 720 October 13, 2009 IN RE: CONSENT AGENDA R-101309-5, R-101309-5.a Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora RESOLUTION 101309-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K- 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 13, 2009, designated as Item K -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of minutes -February 24, 2009; March 10, 2009; March 17, 2009 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Floyd L. Wood, Sheriff's Office, upon his retirement after eleven years of service 3. Confirmation of appointments to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) and Grievance Panel 4. Appropriation of funds in the amount of $16,049 to the Clerk of Circuit Court from the state for fiscal year 2009-2010 5. Request to accept and appropriate the Edward Byrne Memorial Justice assistance grant from the U.S. Department of Justice in the amount of $35, 033 6. Request to accept and appropriate a State Criminal Alien Assistance Program federal grant in the amount of $6,859 from the Bureau of Justice Assistance That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. October 13, 2009 721 On motion of Supervisor Altizer to adopt the consent resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora RESOLUTION 101309-5.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO FLOYD L. WOOD, SHERIFF'S OFFICE, UPON HIS RETIREMENT AFTER ELEVEN YEARS OF SERVICE WHEREAS, Floyd L. Wood was hired on August 31, 1998, as a Deputy Sheriff in the Civil Division and was selected for The Color Guard Team in December 2000; and WHEREAS, Deputy Floyd L. Wood was promoted to the rank of Sergeant seven years later; and WHEREAS, Sergeant Wood retired from the Roanoke County Sheriff's Office on October 1, 2009, after a total of eleven years and one month of devoted and faithful service; and WHEREAS, Sergeant Wood embraced education and earned his certification as an instructor for the Department of Criminal Justice Services; and WHEREAS, Sergeant Wood has always acted in a manner of fairness, treating all issues with an ethical approach and in accordance with County values, policies and procedures. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does express its deepest appreciation and the appreciation of the citizens of Roanoke County to FLOYD L. WOOD for his 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora 722 October 13, 2009 IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora 1. General Fund Unappropriated Balance 1. Capital Reserves 2. Reserve for Board Contingency 3. Treasurer's Statement of Accountability der Investment and Portfolio Policy as of September 30' 2009 4. Proclamation signed ~ the Chairman and recognitions signed the Board IN RE: WORK SESSIONS At 3:59 p.m., Chairman Altizer advised that the Board would move to the following work sessions on the fourth floor. The Board will return at 7:00 p.m. to hold an evening session and public hearing. 1. Work session on amending the County's Noise Ordinance Paul M. Mahoney, County Attorne The work session was held from 4:05 p.m. until 4:46 p.m. October 13, 2009 723 Mr. Mahoney advised that the County needs to amend its noise ordinance. In January 2009, the Board held a work session to discuss changing the noise ordinance from the current policy to a decibel policy and at that time, the Board indicated that they did not want to take any action. On April 17, 2009, the Virginia Supreme Court rendered the Virginia Beach noise ordinance unconstitutional because of the "reasonable person" standard. The Court decision essentially indicated that when an ordinance is based on the "reasonable person" factor it becomes vague, subjective and impossible to enforce, and this decision puts the County's ordinance in doubt since it is similar to Virginia Beach's ordinance. The County ordinance has atwo-part approach: (1) the "reasonable person" approach and (2) nine specific actions based on certain times of the day. Mr. Mahoney continued that the local attorneys as a committee came up with two different approaches to regulate noise issues without violating the Virginia Supreme Court decision as follows: (1) ordinance based on decibels and (2) continue to utilize the specific prohibitions. These two approaches can be exemplified by the following localities: Virginia Beach's approach is based on decibels and Blacksburg's approach is based on specific prohibitions. The approach based on specific prohibitions is similar to the approach used by the County, except the County utilizes times and different days. 724 October 13, 2009 Mr. Mahoney explained that the County has received three types of complaints: (1) loud music, (2) where commercial properties intersect with residences, i.e. the mill in Penn Forrest, and (3) rezonings and special use permits where commercial operations such as garbage is picked up at 3:00 a.m. or 4:00 a.m. He stated that the County is not like Roanoke City, which has industrial areas, and the County will always have conflicts between commercial and residential noise. Mr. Mahoney stated that the three issues he feels the Board should discuss include: (1) the ordinance must be amended; (2) a decision must be made on whether to use decibel or prohibitions; and (3) how to handle waivers for noise construction, such as continuous concrete pouring. After discussion, the Board members indicated that they were not interested in adopting an ordinance based on decibels. Mr. Mahoney was asked to draft an amended ordinance for the Board's review. 2. Work session to discuss the results of the 2009 Existing Business Survey conducted ~ the Department of Economic Development Dou Chittum, Director of Economic Development) The work session was held from 4:46 p.m. until 5:25 p.m. Doug Chittum gave a PowerPoint presentation, a copy of which is on file in the Clerk's Office, describing the results of the 2009 Existing Business Survey. He advised that, in general, the results were very positive. Surveys were distributed to 2,690 large, medium, small and micro businesses and 216 surveys were completed and October 13, 2009 725 returned. With this 8 percent rate of return, staff was able to pinpoint trends and issues of concern. He commented that 81 percent of the survey respondents rated the County as good or excellent as a location for their business. Supervisor Church advised that the results of the survey information were encouraging. Supervisor Moore agreed and thanked Mr. Chittum for the report. Supervisor McNamara advised that 16 percent of the respondents took issue with regulatory practices or indicated that taxes seemed high. He stated that he would like to know what this percentage was five years ago and suggested that the responses were impacted by the economy. Supervisor Altizer advised that he felt the survey provided good information and he was heartened by the positive responses. He was glad that the Economic Development and Community Development Departments work together, especially when new regulations are issued from Richmond. 3. Work session on restricting through truck traffic on Route 116, Jae Valley Road Phili Thompson, Deputy Director of Plannin The work session was held from 5:35 p.m. until 6:20 p.m. Those present from the Virginia Department of Transportation (VDOT) included the following: Dan Collins, Salem Residency Administrator; Scott Woodrum, Staff Engineer; Bryan Blevins; Heidi Underwood, Salem District Public Affairs Manager; Mike Azar, Traffic Engineering; and Tony Handy, Resident Manager. 726 October 13, 2009 Mr. Thompson gave an overview of the issues involved with restricting truck traffic on Route 116. He reported that at a work session on July 14, 2009, representatives from VDOT and County staff reviewed with the Board the criteria and the process to restrict through truck traffic on primary and secondary roads. At that time, the Board instructed County staff to work with VDOT and Franklin County on this issue. Additionally, NAVTech was contacted regarding the Global Positioning System (GPS) routing and they advised that they would change their instructions concerning Route 116 once a restriction had been authorized. Mr. Woodrum and VDOT staff presented a PowerPoint, a copy of which is on file in the Clerk's Office, describing the results of the computer simulations of different sized tractor trailers using Route 116. Mr. Woodrum advised that VDOT's recommendation was to restrict trucks over 46 feet. He advised that VDOT must hold public hearings and then make a recommendation to the Commonwealth Transportation Board (CTB). The process for restricting truck traffic will probably take at least nine months. Supervisor Altizer advised that he could not in good conscience recommend that tractors trailers in excess of 28 feet use Route 116 based on the number of tractor accidents versus the low travel count, driver habits, maintenance habits and shifting cargo. VDOT officials also advised that supplemental signs have been posted in the interim and those signs state that "GPS is not advised" for trucks to use Route 116. October 13, 2009 727 At 6:20 p.m., the work session ended and Chairman Altizer advised that the Board would return to open session at 7:00 p.m. in the Board meeting room to hold a public hearing on this matter. At 6:20 p.m., after the work session, Supervisor Church left the meeting because he had a prior commitment. He did not attend the public hearing held during the evening session. IN RE: EVENING SESSION At 7:00 p.m., Chairman Altizer advised that an evening session was being held to provide a public hearing to expedite the process to restrict tractor trailer traffic on Windy Gap Mountain. He reported that the Board will be considering the adoption of a resolution requesting that the Commonwealth Transportation Board (CTB) restrict through truck traffic on Route 116, Jae Valley Road. IN RE: NEW BUSINESS AND PUBLIC HEARING 1. Public hearing and consideration of adopting a resolution requesting the Commonwealth Transportation Board to restrict through truck traffic on Route 116 Jae Valley Road Vinton Magisterial District Phili Thompson, Deputy Director of Plannin R-101309-6 728 October 13, 2009 Mr. Thompson advised that the Code of Virginia allows localities to propose to restrict through truck traffic on certain primary and secondary roads in cases where doing so will promote the health, safety and welfare of the public without creating an undue hardship on any transportation users. This restriction may apply to any truck, truck and trailer or assembly trailer combination, except a pickup or panel truck that has no point of origin or destination along the subject route. In July 2009 the Board requested that County staff work with Franklin County and VDOT to look at placing some type of restriction on through truck traffic on Route 116, Jae Valley Road. Mr. Thompson reviewed the process for restricting through truck traffic and advised that a local governing body must hold a public hearing and adopt a resolution requesting that the CTB place a restriction on the road. After the public hearing, the adopted resolution is forwarded to the VDOT Resident Administrator and then to the District Administrator. After receiving a report from the State Transportation Engineer and public comments, the District Administrator forwards the supporting documentation to the Central Office in Richmond. After additional reviews, the request and all information will be sent to the CTB for action. Mr. Thompson continued that there are four key criteria that VDOT considers prior to approving any proposed through truck restriction, as follows: (1) A reasonable alternative route is provided. (2) Character/frequency of the truck traffic on the route is not compatible with the affected area. (3) Roadway is residential in nature. (4) Roadway must be functionally classified as either local or collector. In the work October 13, 2009 729 session held earlier today, VDOT reported that the failure to satisfy both criteria one and two and either three or four would result in the requested restriction being denied. Mr. Thompson advised that a through truck restriction would not limit local truck traffic for deliveries and would not affect a citizen who resides on the route. However, all other truck traffic would be affected and have to use the alternative route. Mr. Thompson pointed out on the map the through truck traffic restriction that is proposed for Route 116 (Jae Valley Road/Jubal Early Highway) beginning at the intersection of Sunnyvale Street/Mount Pleasant Boulevard traveling south on Route 116 (Jae Valley Road/Jubal Early Highway) and ending at the intersection of Route 122 (Booker T. Washington Highway) with the termini to termini distance equaling approximately 12.6 miles. Mr. Thompson pointed out on the map the alternate route proposed for Route 116 (Jae Valley Road) beginning at the intersection of Sunnyvale Street/Mount Pleasant Boulevard traveling north on Route 116 (Jae Valley Road/Mt. Pleasant Boulevard) to Bennington Street, then traveling north on Bennington Street which becomes 13t" Street in the City of Roanoke to Route 24 (Jamison Avenue), then traveling west on Route 24 (Jamison Avenue/Elm Avenue) to Route 220 (Roy L. Webber Expressway), then traveling south on Route 220 (Roy L. Webber Expressway/Franklin Road/Virgil H. Goode Highway) to Route 40 (Old Franklin Turnpike), then traveling northeast on Route 40 (Old Franklin Turnpike) to Route 122 (Booker T. Washington Highway), then traveling north on Route 122 (Booker T. 730 October 13, 2009 Washington Highway) and ending at the intersection of Route 116 (Jubal Early Highway) with the termini to termini distance equaling approximately 35.2 miles. Mr. Thompson advised that staff prepared two resolutions for Board consideration. Staff advertised an entire through truck traffic restriction for this public hearing so that if the Board desired, they could recommend a lesser distance for the restriction. Staff prepared a resolution that would restrict all through truck traffic on Route 116 and another resolution that would restrict through vehicle traffic of a certain length on Route 116. He advised that staff discovered at the work session that they needed to change the word "vehicles" on the second resolution to "tractor trailers". The second resolution would request that the CTB restrict through tractor trailer traffic in excess of an undetermined number of feet, and that number would have to be decided by the Board. He advised that he and VDOT staff would answer questions. Chairman Altizer advised that there were no questions of staff at this time. He opened the public hearing. Nancy Ford, 4576 Windy Gap Drive, stated that it is a major inconvenience to not know whether she should go straight up the mountain or through Coopers Cove to get to and from her home. She is delighted that this issue is being reviewed and the 13 residents who live on Windy Gap Drive would appreciate anything that the Board can do to prevent traffic issues from happening in the future. October 13, 2009 731 Sandy Cupka, 4510 Windy Gap Drive, expressed appreciation for the Board taking this issue seriously. She spoke concerning issues with getting her child to the bus stop at the bottom of the mountain and that she had to use a detour because of the recent accident, which also caused a delay in the bus getting to the stop. It has been a struggle trying to stay safe when trucks have accidents on this road and it is fortunate that no pedestrians have been injured. Chad Wheeler, 5454 Aerospace Road, Windy Gap, advised that he lives in the house where the tractor trailer went over the last time and has seen the seriousness of the situation. His family travels the mountain every day and something needs to be done. However, his business, Kents Insulating, is located on the Roanoke County side of Windy Gap and they have tractor trailer traffic, none of which should ever cross Windy Gap. His business traffic usually comes from Route 581 to his business, and then turns around and goes back to Route 581. He wanted to make sure that the language approved by the Board does not restrict truck traffic to his business. He has a solid business and had approximately 300 tractor trailers in 2008. It would be a serious situation to restrict traffic to his business. He also agreed with the comments of the first speaker. Chairman Altizer advised that Ernest Snyder completed an appearance form and inquired if he wanted to speak. Mr. Snyder declined to speak. 732 October 13, 2009 Chairman Altizer closed the public hearing. He asked Mr. Thompson to address Mr. Wheeler's concerns about his business being affected if the resolution is adopted by the Board. Mr. Thompson advised that it was his understanding from VDOT that commercial delivery to any business along this route is not impacted by this restriction designation. He added that if there is a business that needs tractor trailers to deliver a product for that business, the restriction would not apply. Chairman Altizer asked Mr. Thompson to report briefly on the information from the work session held earlier and the recommendation from VDOT. Mr. Thompson advised that after the Board directed staff to work with VDOT and Franklin County, VDOT officials mentioned a computer simulation model called AutoTURN, which can replicate turning movements of different sized vehicles along this roadway. Roanoke County and Franklin County provided aerial photography to VDOT for this software application. VDOT conducted an analysis on four different types of vehicles ranging from total truck lengths of 45-1 /2 feet to 73-1 /2 feet. The result was that the 45-1/2 foot truck length was the only truck that could handle the four different curves along Route 116 near Windy Gap Mountain. VDOT's recommendation from the computer simulation, as stated in the work session, was to restrict truck length in excess of 46 feet. October 13, 2009 733 Supervisor McNamara pointed out that the Board will make a recommendation concerning the restriction, which will then be paired with VDOT's recommendation, and sent to the CTB for a decision. He wanted to clarify that the Board can make a recommendation but it does not have the authority to determine the usage of the road. Mr. Thompson stated that Franklin County will also adopt a resolution with language similar to the resolution adopted by the County Board. Supervisor Altizer advised that this has been a serious problem for a long time. The problems started to escalate during the early spring when there were more accidents on the road and this year was on pace to increase the number of accidents from last year. There was a significant accident in May and all traffic including trucks was directed through Coopers Cove. Even when there are minor wrecks, traffic is diverted through Coopers Cove and down Pitzer Road and some of those back roads are not even wide enough for dump trucks. During the latest accident involving the cattle, the tractor trailer shifted, turned over in the road, slid up and over the guardrail and down the side, and if another car had been on that road, it would have been devastating. Supervisor Altizer advised that VDOT recommended at the work session today through their simulation analysis that a 46-foot tractor and trailer should be able to navigate Windy Gap Mountain safely. However, he is recommending the adoption of a resolution that states that no tractor trailer exceeding a total length of 28 feet be allowed 734 October 13, 2009 to travel over Windy Gap Mountain. He clarified that his recommendation was in contrast to VDOT's recommendation and he wanted to thank VDOT for their hard work since May on this process. He stated that he cannot in good conscience go along with VDOT's recommendation of 46-foot tractor trailer even if their scenario shows it can work because he feels that human error causes most accidents. Also, tractor trailers may not have the proper maintenance or brake fluid, and weight and size of the truck have to be considered. He feels that his recommendation of 28-foot tractor trailers would still allow local trucks such as creamery and bread trucks to come over the mountain. He stated that his recommendation does not mean that VDOT's recommendation will not be the final action approved by CTB. He wants to move forward on this issue and requested that citizens attend the VDOT public hearing to voice their concerns about the dangers of the road. Supervisor Altizer advised that as discussed in the work session, there are other curvy roads in the Roanoke Valley similar to Windy Gap Mountain. However, the amount of accidents on Route 116 is very high compared to the number of trucks that travel that road and he feels this is a compelling reason to recommend the restriction of 28-foot tractor trailers. He hopes that the CTB will understand that this is a very dangerous road and he advised that citizens can help by emphasizing the need for the 28-foot restriction through the public hearing process with VDOT and the CTB. October 13, 2009 735 Supervisor Altizer advised that he would make a motion to adopt resolution two, which would state that the Roanoke County Board of Supervisors and the Franklin County Board of Supervisors have studied the possibility of placing a tractor trailer through vehicle restriction on any tractor trailer vehicle in excess of 28 feet. He requested that Mr. Mahoney review the paragraphs that were inserted in the resolution to protect other classes of vehicles traveling across the mountain. Mr. Mahoney stated that after a discussion with VDOT staff at the work session, he would suggest that a slight modification in Supervisor Altizer's motion be made. He advised that staff had used the term of "tractor truck"; however, in State Code Definitions 46.2100, there is no definition of tractor and the State Code refers to tractor truck. He suggested that inserting "tractor truck and trailer or semi-trailer combinations" in the resolution would cover the issues that Supervisor Altizer raised but would not be broad enough to cover any and all vehicles. Mr. Mahoney continued that he would suggest striking the word "vehicles" and inserting "tractor truck and trailer or semi-trailer combinations in excess of 28 feet" in four places in the resolution: the heading of the resolution, in the first and second "whereas" paragraphs and in the "now therefore be it resolved" paragraph. Chairman Altizer requested that the Clerk use the language as suggested by Mr. Mahoney to revise the resolution to satisfy VDOT and adhere to the Code of Virginia. 736 October 13, 2009 Supervisor Altizer's motion was to adopt the resolution and change vehicles to "tractor truck and trailer or semi-trailer combinations in excess of 28 feet." The motion carried by the following recorded vote: AYES: Supervisors Moore, McNamara, Altizer NAYS: None ABSENT: Supervisors Church, Flora RESOLUTION 101309-6 REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD TO RESTRICT THROUGH TRACTOR TRUCK AND TRAILER OR SEMI-TRAILER COMBINATIONS IN EXCESS OF 28 FEET ON ROUTE 116 (JAE VALLEY ROAD / JUBAL EARLY HIGHWAY), VINTON MAGISTERIAL DISTRICT WHEREAS, the Roanoke County Board of Supervisors and the Franklin County Board of Supervisors have studied the possibility of placing a through tractor truck and trailer or semi-trailer combinations restriction in excess of 28 feet on Route 116 (Jae Valley Road / Jubal Early Highway); and WHEREAS, the through tractor truck and trailer or semi-trailer combinations restriction in excess of 28 feet is proposed for Route 116 (Jae Valley Road / Jubal Early Highway) beginning at the intersection of Sunnyvale Street /Mount Pleasant Boulevard traveling south on Route 116 (Jae Valley Road / Jubal Early Highway) and ending at the intersection of Route 122 (Booker T. Washington Highway) with the termini to termini distance equaling approximately 12.6 miles; and WHEREAS, the alternate route proposed is Route 116 (Jae Valley Road) beginning at the intersection of Sunnyvale Street /Mount Pleasant Boulevard traveling north on Route 116 (Jae Valley Road / Mt. Pleasant Boulevard) to Bennington Street, then traveling north on Bennington Street, which becomes 13t" Street to Route 24 (Jamison Avenue), then traveling west on Route 24 (Jamison Avenue /Elm Avenue) to Route 220 (Roy L. Webber Expressway), then traveling south on Route 220 (Roy L. Webber Expressway /Franklin Road / Virgil H. Goode Highway) to Route 40 (Old Franklin Turnpike), then traveling northeast on Route 40 (Old Franklin Turnpike) to Route 122 (Booker T. Washington Highway), then traveling north on Route 122 (Booker T. Washington Highway) and ending at the intersection of Route 116 (Jubal Early Highway) with the termini to termini distance equaling approximately 35.2 miles; and WHEREAS, the alternate route has been found to be reasonable; and WHEREAS, a public hearing has been held according to Section 46.2-809 of the Code of Virginia, 1950, as amended. October 13, 2009 737 NOW, THEREFORE BE IT RESOLVED, that the Roanoke County Board of Supervisors requests the Commonwealth Transportation Board to restrict through tractor truck and trailer or semi-trailer combinations in excess of 28 feet on Route 116 (Jae Valley Road / Jubal Early Highway) beginning at the intersection of Sunnyvale Street /Mount Pleasant Boulevard traveling south on Route 116 (Jae Valley Road / Jubal Early Highway) and ending at the intersection of Route 122 (Booker T. Washington Highway) with the termini to termini distance equaling approximately 12.6 miles; and BE IT FURTHER RESOLVED that Roanoke County will use its offices for enforcement on the proposed restriction in Roanoke County. On motion of Supervisor Altizer to adopt the resolution and change vehicles to "tractor truck and trailer or semi trailer combinations in excess of 28 feet" and carried by the following recorded vote: AYES: Supervisors Moore, McNamara, Altizer NAYS: None ABSENT: Supervisors Church, Flora Chairman Altizer advised that the entire process to approve a restriction for tractor truck traffic on Route 116 will take a long time. Staff will keep everyone informed concerning the different processes including public hearings. He encouraged all citizens to become engaged in the process and attend the VDOT public hearing to emphasize that the restriction for tractor trucks should be in excess of 28-feet. He expressed appreciation to everyone for their interest in this matter and attending the meeting. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore: She congratulated Stephen Biscotte, a science teacher at Cave Spring High School, for being one of the top 100 finalists in the "Unsung Heroes" grant program. Mr. Biscotte won $2,000 to help start a new innovative career development program that he created called "The Pit Crew: Physicians in Training." 738 October 13, 2009 IN RE: JOINT MEETING TO BE HELD ON NOVEMBER 5, 2009 Chairman Altizer advised that a public hearing will be jointly held by the City Council of the City of Roanoke, Virginia, the Boards of Supervisors of Franklin County, Virginia and Roanoke County, Virginia and by the Board of Directors of the Western Virginia Water Authority of Roanoke, Virginia on Thursday, November 5, 2009, at 10:00 a.m. at the Vinton War Memorial, 814 E. Washington Avenue, Vinton, Virginia 24179 for the purpose of receiving public comment on the joinder by Franklin County, Virginia of the Western Virginia Water Authority and on the amendment and restatement of the Articles of Incorporation of the Western Virginia Water Authority accomplishing such purpose. IN RE: ADJOURNMENT Chairman Altizer adjourned the meeting at 7:25 p.m. with Supervisors Flora and Church absent. S fitted by: orah C. < Deputy Clerk Approved by: G.~C ~/`' Michael W. Altizer he Board Chairman