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HomeMy WebLinkAbout11/17/2009 - RegularDecember 1, 2009 867 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 1, 2009 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the first Tuesday and the first regularly scheduled meeting for the month of December 2009. IN RE: CALL TO ORDER Chairman Altizer called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael W. Altizer, Vice Chairman Joseph P. McNamara, Supervisors Joseph B. "Butch" Church, Richard C. Flora, Charlotte A. Moore MEMBERS ABSENT: None 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; Becky R. Meador, Clerk to the Board; Teresa Hamilton Hall, Public Information Director IN RE: OPENING CEREMONIES The invocation was given by Reverend Myron Atkinson, Penn Forest Wesleyan Church. The Pledge of Allegiance was recited by all present. f f 868 December 1, 2009 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Altizer requested the addition of an update to the agenda from Michael Stovall, Vice-Chairman, Roanoke County School Board, regarding the proposed School Board employee bonus. There were no objections to adding the update to the agenda. 1. Update on the compromise regarding the proposed School Board employee bonus Michael Stovall, Vice-Chairman, School Board Mr. Stovall, on behalf of the School Board, School Superintendent and Administration commended the Board members for their commitment to public education in the County. Some weeks ago, the School Board made some decisions in a meeting that caused confusion in communication with the Board of Supervisors. He reported that a compromise was reached today during a meeting between the leadership of the Board and School Board. He expressed appreciation to the Board for their efforts on behalf of the schools and commented that the School Board wants to continue the strong relationship it enjoys with the Board. He stated that he was impressed that everyone was able to put partisan politics aside while reaching the compromise. He advised that Supervisor Church yesterday agreed to have a public hearing in order to help employees be informed about the compromise. Chairman Altizer advised that this has been a tough two weeks for many people, mainly County and school employees, and the County and School Boards December 1, 2009 869 worked together to reach a compromise that is best for all employees as well as the citizens. He stated that providing jobs for school and County employees has always been of the utmost importance to the Board. He continued that it has also been important for the Board to consider the State budget and the funds it would or would not provide for County schools. He expressed appreciation to School Board Chairman Drew Barrineau and Vice Chairman Stovall for meeting with him and Vice Chairman McNamara today to reach a fair compromise to show appreciation to employees without putting a huge strain on resources. He expressed appreciation to the school and County employees present at the meeting. r Supervisor McNamara advised that the compromise has to be approved by both Boards; however, the proposal is for aone-time $500 bonus for each full and part-time school and County employee, funded by the schools and County with one- time monies. The bonuses are being provided in appreciation for jobs well done by employees, while recognizing there may be financial difficulties next year. There will be a public hearing on December 15, 2009, and the funds could be awarded in January pending the outcome of the December 15th meeting. Supervisor Church expressed appreciation to Vice Chairman Stovall and David Wymer, School Board member, and the teachers for attending the meeting. He stated that he did not agree to a public hearing, as stated by Vice Chairman Stovall and clarified that yesterday he officially requested a public hearing and the earliest it could be held was December 15, 2009, at 7:00 p.m. 870 December 1, 2009 Supervisor Flora expressed appreciation to the leadership of the County and School Boards for arranging the compromise. He stated that he supports the compromise; however, he is concerned about what may happen when State and Federal funds are expended. He further stated that he does not want anyone to lose their job. Chairman Altizer commented that he is thankful that an agreement was reached to benefit both school and County employees. He expressed appreciation for the leadership shown today and looks forward to continuing a great relationship in the future. Mr. Wymer expressed his appreciation for the Board's reconsideration and support of this benefit for school and County employees. He commented that the compromise agreement will be well received and is evidence of the value placed on employees by both Boards. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring Roanoke County's Commitment to Partner with the U.S. Census Bureau to help ensure a full and accurate count in 2010 Teresa Hall, Director of Public Information; Nicole Pendleton, Planner II~, Linda Edwards-White, Partnership Specialist, U.S. Census Bureau Chairman Altizer presented the proclamation to Ms. Edwards-White and expressed appreciation for her efforts on behalf of the County and the U. S. Census December 1, 2009 871 Bureau. Ms. Hall explained that the County has partnered with the U.S. Census Bureau to forma "Complete Count Committee" to work with the community and ensure that people understand the importance of completing the census forms to have a full and accurate count. She advised that Nicole Pendleton, a member of the committee, was present and the committee includes representatives from other County departments and schools, Roanoke Valley Television (RVTV) and citizens. Ms. Pendleton commented that the Community Development Department relies heavily on the important information obtained from the census. This information allows staff to understand the needs of current and future residents, the link between growth and land use, the need for new facilities based on population and preservation of resources. She is pleased to be part of the committee and looks forward to this important event. Ms. Edwards-White expressed appreciation to the Board for their support. She advised that the census forms will be distributed in March 2010 and they are requesting that people complete the forms and mail them back as soon as possible. Census day is April 1, 2010. They want people in the community to know how the census data will be used and feel comfortable completing the form and mailing it. The personal identifiable information is kept confidential for 72 years, so people can feel r safe that their information is not going to be shared with anyone. She advised that even if specific information were to be requested, there are procedures and forms to be 872 December 1, 2009 completed before any information could be received. She thanked Mr. Goodman, Ms. Hall and Ms. Pendleton for working with the Census Bureau because it is very important that everyone in Roanoke County is counted once and in the right place Supervisor Church expressed appreciation to Ms. Edwards-White and Ms. Pendleton for their efforts and he encouraged everyone to participate in the information gathering process. An accurate census count is important to every function of government. Supervisor Moore expressed her appreciation to the speakers for explaining to everyone the importance of receiving accurate information. Supervisor Flora advised that redistricting will result from the 2010 census and many federal programs that affect localities will depend upon the accuracy of the information. He encouraged everyone to participate in the census. 2. Presentation of Vir inia Association of Counties VACo Platinum Go Green Vir inia Award Larr Land, Vir inia Association of Counties; Anne Marie Green, Director of General Services Mr. Land advised that VACo represents the interests of counties and the citizens they serve through legislative advocacy and educational programs. VACo partnered with the Virginia Municipal League (VML) in 2009 to encourage participation in the Go Green Initiative program that was started by VML in 2007. He is pleased to present the County with the Go Green Award, which recognizes local governments that have implemented practical actions that will result in more efficient use of energy and December 1, 2009 873 reduce the carbon footprint. Nine other counties including Albemarle, Arlington, Loudoun, Prince William, Fairfax, York, Franklin, Henrico and Hanover are receiving this award. This program is on-going and meant to be a friendly competition among counties. They hope to have more participation in the future. Twenty-four counties registered for the program this year and ten counties won awards. Mr. Land presented the Go Green Certificate to Ms. Green and congratulated the County upon this achievement. Ms. Green expressed appreciation for the award and advised that the County will participate in the program again next year. Chairman Altizer and the Board members expressed appreciation to Mr. r Land for presenting the award to Roanoke County. Supervisor Moore advised that it was an honor for the County to receive this award. She thanked everyone who worked to make this award possible, especially Ms. Green and Jim Vodnik, Assistant Director of General Services, for leading by example. She commented that if everyone continues to work together, future generations will have a better environment in which to live. Supervisor Church expressed his appreciation to Supervisor Moore and Ms. Green for their efforts and advised that this is a worthwhile initiative and just the beginning of the process. Supervisor Flora advised that he felt that going green was an appropriate direction for the County. He commented that even though the upfront costs may be more expensive, the long-range and life costs of the products have to be considered. 874 December 1, 2009 He expressed congratulations to Supervisor Moore and Ms. Green for their leadership in accomplishing this award. 3. Presentation of Virginia Association of Counties VACo Achievement Award for Information Technologv Larr Land, Virginia Association of Counties; Bill Greeves, Director of Communications and Information Technologv) Mr. Land stated that he had the pleasure of presenting a second award to the County from VACo in the category of Information Technology. This is the seventh year for the VACo Achievement Award Program and he congratulated Roanoke County for winning this award for the fifth time. Roanoke County's entry was recognized in the Information Technology category for the program Innovation Without Funding. Mr. Land commented that in fall 2008, Roanoke County explored inexpensive alternative methods of continual service improvement. After extensive research, the County began using the tools and concepts of Web 2.0 to improve citizen communication. Mr. Land presented the award to Mr. Greeves and congratulated him and staff for a job well done. Mr. Greeves advised that he was honored to receive this award on behalf of the County. He stated that this was a Countywide award and this technology has spread throughout the County organization. More than six departments participated in this effort and continue to move forward in better directions. December 1, 2009 875 Supervisor Church also stated that this was a Countywide effort and expressed appreciation to Elaine Carver, Chief Information Officer, for her leadership of this program. Ms. Carver advised that the technology awards received during the past years were achieved by the efforts of all County staff. She thanked the Board members for their support of staff. 4. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Donna Rigney, Lead Communications Officer, upon her retirement after more than ~ thirty years of service F.. R-120109-1 Chairman Altizer presented the resolution to Ms. Rigney and expressed appreciation for her many years of service to the County and its citizens. Bill Hunter, Assistant Director, Communications; and Pat Shumate, Chief Communications Officer, expressed their appreciation and congratulations to Ms. Rigney. Each member of the Board thanked Ms. Rigney for her hard work and dedication to the County and the emergency 911 Center. They wished her well in her retirement and stated that she had made a difference in many people's lives. Ms. Rigney expressed appreciation for the recognition and stated that she has enjoyed working for the County. $76 December 1, 2009 Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 120109-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DONNA RIGNEY, ROANOKE COUNTY COMMUNICATIONS DEPARTMENT, UPON HER RETIREMENT AFTER MORE THAN THIRTY YEARS OF SERVICE WHEREAS, Donna Rigney was employed by Roanoke County on November 16, 1979, as a Communications Officer; and WHEREAS, Ms. Rigney retired from the Roanoke County CommlT Department as a Lead Communication Officer on November 30, 2009, after thirty years of service; and WHEREAS, Ms. Rigney, through her hard work and dedicated efforts, performed a crucial role in the support of the Roanoke County Sheriff's Department, the Roanoke County Police Department and the Roanoke County Fire and Rescue Department by serving as the Lead Communication Officer; and WHEREAS, Ms. Rigney was instrumental in fulfilling the mission of the emergency 911 center to support and provide for the safety of the citizens of Roanoke County; and WHEREAS, Ms. Rigney faithfully performed her duties and upheld the highest standards and traditions of her profession; and WHEREAS, Ms. Rigney, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DONNA RIGNEY for more than thirty years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None December 1, 2009 877 IN RE: NEW BUSINESS 1. Adoption of a list of interstate and rimar road ro'ects and resolution to be presented at the Virginia Department of Transportation's VDOT's public hearing for the fiscal years 2010-2015 Six-Year Improvement Program Arnold Covey, Director of Community Development) R-120109-2 Mr. Covey advised that the Commonwealth Transportation Board (CTB) is holding a public hearing to receive comments about the essential rail public transportation, bicycle, pedestrian and highway projects that should be included in the fiscal years 2010-2015 Six-Year Improvement Program (SYIP). This public hearing is a mid-year revision to the SYIP in response to VDOT's revenue estimates of reduced transportation funding by approximately $900 million over the next six years. The public hearing is scheduled for December 1, 2009, in Richmond at the Transportation Central Office Auditorium. Written comments will be accepted until December 11, 2009. Mr. Covey continued that in the past, the Board has adopted resolutions for approval of projects currently in VDOT's fiscal year SYIP as well as projects not currently funded that the County has identified as important to citizens. Due to the current budget reduction forecast, the list of projects to be included in the resolution of support are only those primary interstate projects currently in VDOT's fiscal year SYIP. The County recommends the continuance of funding for planning and construction of 878 December 1, 2009 the following projects, which include: (1) Interstate I-73, (2) Interstate 81, (3) Route 11/460, (4) Route 221, (5) bridge on Route 116 (Jae Valley Road), (6) bridge on Route 221 over Martins Creek, and (7) bridge on Route 220 over Back Creek. He stated that it is staff's recommendation that the Board adopt the list of projects and a resolution be submitted to the CTB for mid-year revision to VDOT's 2010-2015 SYIP. Staff also requests that the Board authorize the Clerk to send a certified copy of the resolution to the CTB. There was no discussion. Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 120109-2 REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) CONTINUE FUNDING PROJECTS CURRENTLY IDENTIFIED IN THE FISCAL YEAR 2009-2010 VDOT SIX- YEAR IMPROVEMENT PROGRAM FOR INCLUSION INTO THE FISCAL YEARS 2010-2015 SIX-YEAR IMPROVEMENT PROGRAM WHEREAS, the Six-Year Improvement Program is the Commonwealth Transportation Board's plan for identifying funds anticipated to be available for highway and other forms of transportation construction; and WHEREAS, this program is updated annually to assist in the allocation of federal and state funds for interstate and primary roads; and WHEREAS, this program is undergoing amid-year revision in response to reduced transportation revenue estimates. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: That the following projects identified as included in the Fiscal Year 2009-2010 VDOT Six-Year Improvement Program are recommended for continuance of funding for the planning and construction of said projects. December 1, 2009 879 • Interstate 73 - In a letter dated June 3, 2001, the Board of Supervisors encouraged VDOT to work closely with the impacted citizens to address their concerns and mitigate any negative impacts to them. This is in addition to resolution 120500-2 passed December 5, 2000, reaffirming the Board's support for Interstate 73. • Interstate 81 - Roanoke County continues to support VDOT's proposed plan to widen Interstate 81 from its present four lanes. We look forward to continuing our partnership with VDOT to develop regional cooperation for stormwater detention facilities, potential utility crossings and other design issues that could impact Roanoke County's future. • Route 11/460 (West Main Street) -From: Salem City limit, To: 0.10 mi west Route 830, Technology Dr. -Roanoke County continues to support the ongoing design for improvements in this important commercial and residential development area. Improvements will provide an increase in the level of service, bringing it up to standards required for the expected growth. Design and right-of-way acquisition ~ are complete and construction is underway. • Route 221 (Bent Mountain Road) -From: Rte 735, Coleman Road, ~•• To: Route 688, Cotton Hill Rd. -This project had been removed from the Six-Year Improvement Program but was reinstated in fiscal year 2005-2006. The residential development that has occurred and expected to occur within this area will place additional demands on the road system that is currently providing an inadequate level of service. In addition, the Roanoke County School Board plans to construct a school at the Poage Farm, further increasing the need for project construction. Currently, no construction funds are allocated. • Bridgge Replacement Route 116 (Jae Valley Road) -Over Back Creek -This bridge replacement project has been included in the SYIP for several years and has previous funding as well as funds allocated through fiscal year 2015. • Bridgge Replacement on Route 221 (Bent Mountain Road) -Over Martins Creek -This bridge replacement project has been added to the SYIP and has funds allocated through fiscal year 2015. • Bridge Replacement on Route 220 (Franklin Road) -Over Back Creek -This bridge replacement project has been added to the SYIP and has funds allocated through fiscal year 2015. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 880 December 1, 2009 2. Request to appropriate 69 000 of ambulance transport fees collected to the Fire and Rescue Department for part-time staffing of an ambulance at Read Mountain station Richard E. Burch Jr.' Fire and Rescue Chief A-120109-3 Chief Burch advised that the Roanoke County Fire and Rescue Department staffs ambulances with career staff at all County fire/rescue stations during the weekday hours, except the Read Mountain Fire/Rescue station. The Read Mountain station is a partnership between Botetourt and Roanoke Counties with a cost sharing agreement and Roanoke County has managed the station with Read Mountain volunteers. This arrangement has worked well for many years; however, in the last couple of years a significant decline in available volunteers has increased the response times for emergency calls in the Read Mountain area, especially during weekday hours. Vinton, which is the main backup to the Read Mountain station, responded last year more than 300 times to answer ambulance calls when no one was available at the Read Mountain station. Chief Burch continued that in 2008, Roanoke County implemented a part- time ambulance crew to staff two weekdays at the Read Mountain station to improve response times. Current call data for the part-time crew shows that 60 percent of the transports originate in Botetourt County and after a year of operation with the part-time ~ December 1, 2009 881 i crew working two days a week, the ambulance transport fee revenue for the County has increased. He requested that the projected increased revenue in ambulance transport fees be used to provide additional part-time staffing to increase the ambulance coverage to five days a week at the Read Mountain station. This additional coverage would increase the availability of Emergency Medical Services (EMS) and decrease the response times for Read Mountain. He advised that Roanoke City is primarily relied upon for fire coverage during the day time. The increased coverage will be funded through ambulance fees collected from Botetourt County and reduce the backup required by Vinton. He advised that this request is not the total answer to all of the t F issues at Read Mountain, but it will make the situation better. Chairman Altizer commented that there are no overtime costs when part- time County employees are used. He believes that this request will provide savings and needed extra coverage at the Read Mountain station. Chief Burch advised Supervisor Altizer that the personnel utilized will be strictly part-time. Supervisor Altizer moved to approve the staff recommendation (appropriation of $69,000 of projected increased revenue in ambulance transport fees to the Department of Fire and Rescue for additional part-time staffing costs in order to increase ambulance coverage to five days a week, Monday -Friday, 7:00 a.m. - 5:00 p.m., at the Read Mountain station). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 882 December 1, 2009 3. Request to appropriate 75 000 to the North County Fire Station Project Richard E. Burch Jr.' Fire and Rescue Chief A-120109-4 Chief Burch advised that the North County Fire Station, which opened on October 22, 2009, is already serving the public very well. The projection for the total number of calls for this year through December 2009 is approximately 350 to 400 calls. The new fire station was built on a site already owned by the County. The first day the bulldozer was on the property it fell into asink-hole that required funds to repair. A short time after that a cavern, which he understands was a karst, was found and that problem had to be solved. They had to remove approximately two to four feet of fill dirt from the property, which they donated for County ball fields. They had a contingency fund for rocks but it had to be used to repair dirt problems. The cost to correct these problems was more than $300,000 in change orders and they were able to absorb all of the costs except $75,000. Staff is requesting an additional $75,000 for costs related to site improvements involving unsuitable soil conditions requiring corrective measures and testing. There were few changes made to the building. Supervisor Flora commented that almost all of North County is karst topography, which is a geological term meaning limestone overlaid by clay material and there are caverns anywhere limestone is found. The site for the new station unfortunately was located on top of caverns. Chief Burch commented that karst topography was a new term for him. t December 1, 2009 883 Supervisor Flora moved to approve the staff recommendation (appropriate $75,000 from the interest income earned on the bonds to the North County Fire Station project). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 4. Request to appropriate funds in the amount of 66 340 to the General Relief Program in the Department of Social Services Dr. Betty McCrary, Director of Social Services; Brent Robertson, Director of Management and Bud et A-120109-5 Dr. McCrary advised that she appreciated the opportunity to speak about the General Relief Program and the Department of Social Services. The General Relief Program is designed to help citizens who need emergency assistance when they find themselves in situations beyond their control. The program is funded by 62.5 percent State money and 37.5 percent local money. When individuals find themselves in circumstances beyond their control, such as being laid off from their job or experiencing a loss of work due to health or another disaster, they can come to the Department of Social Services and fill out an application in the General Relief Program. That program has funds to help with maintenance, utilities, rental assistance, emergency medical needs and burial. An individual can receive assistance from this program one time in a 12-month period. At the beginning of this fiscal year (June 1, 2009), the program 884 December 1, 2009 received more than $67,000 and normally, those funds would last until approximately April or May; however, this year the funds ran out on November 16, 2009, and the program is closed at the current time. They have provided assistance to 249 citizens in that program during this year. Dr. McCrary stated that she is requesting an appropriation of $66,340 to continue to fund this program until the end of the fiscal year. They have used all of their funds because of the current economic conditions with an increase not only in the General Relief application process, but also in food stamps, Medicaid and Temporary Assistance for Needy Families (TANF). All Social Service programs have increased since November 2008. She stated that Mr. Robertson was present to answer questions about the State reimbursement and Penny Hall, Supervisor of the General Relief Program, was also present. Supervisor Church commented that he serves on the Social Services Advisory Board and they had a long discussion at the last advisory meeting concerning this situation. He intends to provide all the assistance he can to help the situation. He advised that the General Relief Program is in dire need of funding because of the economic situation and people are desperate for assistance Supervisor Church expressed appreciation to Dr. McCrary and Ms. Hall for their efforts and advised that they have very tough jobs. r E December 1, 2009 88rJ Supervisor Church moved to approve the staff recommendation (appropriation of $66,340 in revenue reimbursements from the Commonwealth of Virginia and the related appropriations to the Department of Social Services expenditure budget to continue the General Relief program through June 1, 2010). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: FIRST READING OF ORDINANCES 1. Ordinance authorizing conveyance of an easement to Appalachian Power Company for electric service across property owned ~ the Board of Supervisors _ South County Library Jose h B. Obenshain, Senior Assistant County Attorne Mr. Obenshain advised that the County is currently in the process of constructing the new South County Library on Merriman Road. The existing Appalachian Power Company (APCO) power line servicing the neighboring Taylor property crosses the middle of the County property and needs to be relocated to the perimeter of the County property to accommodate the construction. Granting an easement to APCO is required for the rerouting of this electrical service. The County will also request that APCO release the existing easement because the power line is being relocated. There was no discussion. 886 December 1, 2009 Supervisor Moore moved to approve the first reading and set the second reading and public hearing for December 15, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 2. Ordinance authorizing conveyance of a 50' sanitary sewer extension easement to the Western Virginia Water Authority to be located within a public right-of-way known as Westward Lake Drive, said right-of-way having been dedicated to the Board of Supervisors, Catawba Magisterial District (Joseph B. Obenshain, Senior Assistant County Attorney) Mr. Obenshain advised that this is the first reading of an ordinance to convey a 50 foot sanitary sewer easement to be located within the right-of-way of Westward Lake Drive, which was never taken into the State road system, to the Western Virginia Water Authority (WVWA). This easement is necessary for the WVWA to provide sanitary sewer service along this road. He commented that the Board had previously granted an easement to Appalachian Power Company (APCO) for electric service to a residence that this sewer easement will also serve on Westward Lake Drive. WVWA requested the wider easement of 50 feet because they are not exactly sure at this point in time where the sewer line will be placed. Granting this easement will give them the flexibility for placement of the sewer line. If at some future date, this road December 1, 2009 887 were to be taken into the State system, WVWA would have to work with the Virginia Department of Transportation (VDOT) concerning the easement. There was no discussion. Supervisor Church moved to approve the first reading and set the second reading and public hearing for December 15, 2009. The motion carried by the following recorded vote: AYES: NAYS: ABSTAIN: f IN RE: r. Supervisors Moore, Church, Flora, McNamara None Supervisor Altizer APPOINTMENTS 1. Blue Ridge Behavioral Healthcare Chairman Altizer advised that Daniel E. Karnes' reappointment as a member of the Board of Directors for Blue Ridge Behavioral Healthcare was ratified for a second three-year term beginning January 1, 2010. Ratification of his reappointment was placed on the Consent Agenda. Chairman Altizer advised that Dan O'Donnell was reappointed as County Staff Appointee for an additional term beginning January 1, 2010. Confirmation of the appointment was placed on the Consent Agenda. 2. Roanoke County Planning Commission (appointed ~ District Supervisor Church reappointed Martha Hooker to an additional four-year term. Confirmation of the appointment was placed on the Consent Agenda. 888 December 1, 2009 3. Roanoke Va11ey Resource Authority Supervisor Church reappointed Suzie Snyder and Keith Tensen to the Roanoke Valley Resource Authority. Confirmation of the appointments was placed on the Consent Agenda. Supervisor Church commented that the appointments to Roanoke Valley Resource Authority were listed to be discussed during closed session; however, the Board had previously unanimously agreed that the two neighbors where the landfill adjoins would remain on the Authority. He advised that both Ms. Snyder and Mr. Tensen had agreed to serve additional terms. IN RE: CONSENT AGENDA R-120109-6, R-120109-6.d Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 120109-6 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 December 1, 2009 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 5 inclusive, as follows: 1. Approval of minutes -April 28, 2009 December 1, 2009 889 2. Request to accept and appropriate $168,515.56 to be used for the purchase of replacement components for the IP telephone system for the School Board 3. Request to accept and appropriate $17,000 from the Hollins Volunteer Fire Department 4. Ratification and confirmation of appointments to committees, commissions and boards 5. Resolution requesting acceptance of Kentmere Circle into the Virginia Department of Transportation Secondary Road System 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. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 120109-6.d REQUESTING ACCEPTANCE OF I KENTMERE CIRCLE INTO THE VIRGINIA DEPARTMENT OF ` TRANSPORTATION SECONDARY ROADS SYSTEM WHEREAS, the streets described on the attached VDOT Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors of Roanoke County requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, the Board guarantees a clear and unrestricted right-of-way as described and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. 890 December 1, 2009 On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 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, Flora, McNamara, Altizer NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency IN RE: CLOSED MEETING At 4:13 p.m., Supervisor Altizer moved to go into closed meeting pursuant to the Code of Virginia Section 2.2.3711.A.1, personnel, namely discussion concerning appointments to the Economic Development Authority, Grievance Panel, Roanoke Valley Resource Authority, and Western Virginia Regional Jail Authority. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CLOSED MEETING The closed meeting was held from 4:25 p.m. until 4:35 p.m. IN RE: WORK SESSION December 1, 2009 891 1. Work session on the new South County Library Diane Hyatt, Assistant County Administrator; Diana Rosapepe, Director of Library Services Chairman Altizer advised that it was the consensus of the Board to postpone this work session until December 15, 2009. 2. Joint work session on the Feasibility Study for Roanoke County and Town of Vinton Emergency Communication Centers Merger Elaine Carver, Chief Information Officer; Rebecca Owens, Director of Finance; Barry Thompson, Vinton Town Finance Director; Chris Lawrence, Vinton Town Mana er r` The work session was held from 4:43 p.m. until 5:54 p.m. Mayor Grose expressed appreciation to the Board for extending the invitation to the Council for the work session and thanked all of the staff that worked so diligently on this project. Mayor Grose called the Vinton Town Council meeting to order and asked Clerk Darleen Bailey to call the roll. The members of the Vinton Town Council present included Mayor Bradley E. Grose, Robert R. Altice, Carolyn D. Fidler, and William W. Nance. Council member William E. Obenchain, Jr. was absent. Additional staff attending from the Town of Vinton were Elizabeth billion, Town Attorney; Beth Austin, Human Resources Director; Chris Linkous, Fire and EMS Captain; and Herbert Cooley, Police Chief. 892 December 1, 2009 In July 2009, the Roanoke County Board of Supervisors and the Vinton Town Council approved development of a feasibility study to determine the desirability of merging the emergency communications centers for Roanoke County and the Town of Vinton. The Feasibility Study, a copy of which is on file in the Clerk's Office, was presented by Elaine Carver, Rebecca Owens and Bill Greeves from Roanoke County and Barry Thompson and Chris Lawrence from the Town of Vinton. The Steering Committee recommended proceeding with the merger of the Emergency Communications Centers. The members of the Steering Committee from the Town of Vinton included Chris Lawrence, Town Manager; Herbert Cooley, Police Chief; Benjamin Cook, Police Lieutenant; and Barry Thompson, Finance Director. The members from Roanoke County included Elaine Carver, Chief Information Officer; Rebecca Owens, Finance Director; Bill Greeves, CommlT Director; Bill Hunter, Assistant Director, Communications; and Pat Shumate, Chief Communications Officer. The Board and Council members expressed their congratulations to staff for the in-depth study, which answered the majority of the questions concerning the merger. Supervisor Altizer further advised that this report reflects the right way to consolidate services in order to provide benefits to citizens. Mayor Grose added that this was a very informative report and reflected the caliber of staff from the Town of Vinton and Roanoke County. He commented that the merger of Emergency Communications Centers will be good news for all citizens ~ December 1, 2009 893 and will save money. Mayor Grose and members of the Vinton Town Council left the work session at 5:54 p.m. 3. Work session on Fountainhead Land Company, LLC's PRD amendment re uest olf cart crossin Paul Mahoney, County Attorne The work session was held from 6:38 p.m. until 7:54 p.m. Mr. Mahoney advised that this work session was the result of the Board's motion on November 17, 2009, to reconsider its October 27, 2009, decision to deny the petition of Fountain Head Land Company, LLC to amend the Planned Residential Development (PRD) for Fountainhead Golf Resort (Ballyhack). Mr. Mahoney advised that staff was directed to provide the Board with documentation, including background and history, with respect to the request to approve an at-grade golf cart crossing. For the Board's information and discussion of this matter, Mr. Mahoney provided ten exhibits of information, and Mr. Pace, Counsel for Fountain Head Land Company LLC, provided a large packet of materials including a timeline summary of the relevant events. These exhibits and packet of information were published with the agenda and are on file in the Clerk's Office. Mr. Mahoney advised that the petitioner's position is that the PRD amendment presented to the Board on October 27, 2009, was unnecessary because the Board approved the PRD in 2005 with an at-grade golf cart crossing on Pitzer Road. Mr. Mahoney continued that it is the County's position that, although the PRD language 894 December 1, 2009 talks about a tunnel being the preferred option for the golf cart crossing, the PRD language never states that it will be an at-grade crossing. He stated that in theory there are at least three possible types of crossings which include a tunnel, at-grade or bridge. Mr. Mahoney continued that this is an unusual work session because the Board typically would not discuss an item where there might be potential litigation. The petitioner has not suggested taking legal action; however, Mr. Pace has submitted a request to the Zoning Administrator for an opinion as to whether or not the PRD amendment was required and if substantial compliance would be fulfilled with the at- grade crossing as opposed to a tunnel crossing. Mr. Mahoney stated that if the Board reconsiders its October vote at the meeting on December 15 and continues to deny the amendment to the PRD to provide an at-grade golf cart crossing the petitioner would have thirty days to appeal the petition to Circuit Court. Mr. Mahoney advised that even without the legal issues, there is still the question of whether or not an at-grade golf cart crossing is safe. The Board is charged with reviewing all issues before them with respect to public health, safety and welfare. Mr. Mahoney advised that if there had never been a PRD amendment and the golf course was a use permitted by right in the Mount Pleasant area, State Code Section 46.2-916.2 (Exhibit 5) still requires governing body approval. It was Mr. Pace's opinion that the Board's 2005 action constituted governing body approval; however, Mr. Mahoney suggested that the Board did not consider all of the factors in the State Code section at the time of the public hearing, which included assuming the maintenance ~ December 1, 2009 895 i responsibility and liability for the signage and operation of golf carts crossing Pitzer Road. Mr. Mahoney commented that County staff and Chairman Altizer have attempted to go through a process by which VDOT would lower the speed limit on Pitzer Road. During the October debate by the Board, he thought several Board members indicated that their main concern was that the 55 mile per hour speed limit on Pitzer Road posed dangers to the safety of people crossing Pitzer Road in golf carts. Staff has been advised that VDOT will once again re-examine the speed limit issue and perhaps within a month will indicate if efforts to alter the speed limit have been successful. If the speed limit reduction is a significant factor in the Board's reconsideration of this issue, the safety issue would be addressed by a reduction in the speed limit. The speed limit reduction, which may not happen by December 15 and may occur in either January or February 2010, may be the catalyst to resolving this dispute. He stated that if the Board believes Mr. Pace's opinion that the Board's 2005 decision approved this use, the Board needs to look at how to shift the liability and responsibility for future maintenance back to the golf course. Mr. Pace advised that they appreciated the opportunity to have a work session with the Board. He does not intend to use legal arguments and wants to work together with the County through an administrative process. The purpose of this work session is to gain an awareness and understanding of the disagreements and how to proceed. 896 December 1, 2009 Mr. Pace advised that on September 27, 2005, the Board made a decision based on a number of factors and the question is what was approved with respect to a golf cart crossing. He stated that this is a discussion about options and the record of actions taken. There is a master plan and a proffered condition that the development will be in substantial conformity to the master plan. The ordinance that the Board adopted became effective in thirty days and the Board's decision was complete and conclusive on October 27, 2005. Mr. Pace advised that if you have a preferred option, it implies that there are other options. He stated that nowhere in the documents can be found a promise that the tunnel will be constructed. If there were two options for the golf cart crossing when the Board made their decision, the developer cannot be out of compliance with the master plan because they are moving forward on the basis of one of the options, which was the above grade crossing. Anything related after the Board's decision on September 27, 2005 is irrelevant. If the County wanted to make sure that there was only going to be a tunnel, this could have been accomplished by a voluntary proffer. Mr. Pace quoted from a staff report on August 31, 2005, a Planning Commission report on September 6, 2005, and Board minutes on September 27, 2005, which he provided to verify that both options were presented and both options were approved. He agreed with Mr. Mahoney that State Code Section 46.2-916.2 applies to the golf cart crossing at Pitzer Road and agreed that the Board should consider the speed limit and other public safety issues. However, he believes that the Board knew and considered all of these things when they made a decision on September 27, 2005. He advised that he December 1, 2009 897 F hoped the County would be successful in reaching a practical solution with VDOT concerning the speed limit. They support this effort and feel that the speed limit is an important issue from a safety perspective. However, Ballyhack and Fountain Head are entitled to rely on the decision made by the Board. They have a development to complete and need to have a golf cart crossing to get from one part of the course to the other. Mr. Mahoney advised the Board that they would be reconsidering the October 27, 2005, action and the Planning Commission recommendation on December 15, 2009. Mr. Pace commented that the request to amend the PRD was to specifically E address the at-grade crossing and if the at-grade crossing were to be built by a certain i~. date, the other option of a tunnel would go away. Mr. Mahoney advised that the Board may want to have a different proffer on December 15. Mr. Pace commented that the Board should move forward and hold the advertised public hearing on December 15 with or without presentations from him and Mr. Mahoney. They could request that the Board defer its decision until a later date because the Zoning Administrator has sixty days to give his opinion on the amendment to the PRD. Mr. Mahoney advised that the Board may want to open the public hearing on December 15 and defer any action until VDOT renders its decision with respect to t lowering the speed limit. The other option, as was stated by Mr. Pace, would be for the Board to approve the amendment to the PRD as recommended with a sunset provision. 898 December 1, 2009 Mr. Mahoney advised that the only other action to be taken would be for the County to enter into an agreement with Fountain Head, whereby the liability and responsibility for the maintenance and installation of the signage would be passed on to them. After considerable discussion and debate, the Board decided to place the petition of Fountain Head Land Company, LLC to amend the PRD related to an at-grade golf cart crossing on Pitzer Road on the December 15, 2009, agenda to include a public hearing. IN RE: CERTIFICATION RESOLUTION R-120109-7 At 7:54 p.m., Supervisor Altizer moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 120109-7 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and December 1, 2009 ggg 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: ADJOURNMENT Chairman Altizer adjourned the meeting at 7:55 p.m. Submitted by: Approved by: ~ ~~~~ Becky R. M dor Michael W. Altizer Clerk to the Board Chairman t i .~ 900 December 1, 2009 This page left blank intentionally.