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HomeMy WebLinkAbout1/25/2011 - RegularJanuary 25, 2011 27 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of January 2011. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. IN RE: CALL TO ORDER was taken. Chairman Church called the meeting to order at 3:00 p.m. The roll call MEMBERS PRESENT: Chairman Joseph B. "Butch" Church; Vice - Chairman Charlotte A. Moore, Supervisor, Supervisors Michael W. Altizer, Eddie "Ed" Elswick, Richard C. Flora MEMBERS ABSENT: None STAFF PRESENT: B. Clayton Goodman III, County Administrator; Diane D. Hyatt, Assistant County Administrator; Paul M. Mahoney, County Attorney; Teresa Hamilton Hall, Director of Public Information; Deborah C. Jacks, Clerk to the Board IN RE: OPENING CEREMONIES The invocation was given by Pastor Adrian Dowell of Shiloh Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Chairman Church added Citizens Comments and Communications to the evening agenda. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of the Sheriff's Office for receiving their initial Virginia Law Enforcement Professional Standards Commission (VLEPSC) accreditation (Michael G. Winston, Sheriff) 28 January 25, 2011 In attendance for this recognition from Roanoke County were Sheriff Michael Winston, Captain Barry Tayloe, Sergeant Denise Ory and Major Charles Poff. Additionally, Gary Dillon, Program Manager of the Virginia Accreditation Center, Jennifer Miles, Program specialist for the Roanoke County Sheriff's Office, Chief Gary Roach, Pulaski County; Chief James E. Day, City of Bedford and Sheriff Eric Atkins, City of Salem were present for the recognition. All Supervisors offered their congratulations and thanks to the Department. 2. Recognition of Roanoke County's Public Information Office for receiving a 2010 MarCom Gold Award for the 2009 online Annual Progress Report (Teresa Hamilton Hall, Director of Public Information) In attendance for this recognition were Teresa Hamilton Hall, Director of Public Information, Gray Craig, Web Content Manager and Penny Lloyd. All Supervisors offered their congratulations to the Department. 3. Resolution of Appreciation to Michael S. Ruth as Outstanding Citizen for his service to Roanoke County (Charlotte A. Moore, Vice - Chairman) Mr. Michael S. Ruth and his wife, Renee were in attendance for this presentation. Also in attendance were Pete Larkin and his wife. Mr. Larkin advised that he was not there in his official capacity as District Director for Congressman Bob Goodlatte, but as a citizen to give recognition to Mr. Ruth. Mr. Fred Corbett and his wife, who are neighbors of Mr. Ruth, were also in attendance to recognize Mr. Ruth. All Supervisors thanked Mr. Ruth for his service. RESOLUTION 012511 -1 OF APPRECIATION TO MICHAEL S. RUTH AS OUTSTANDING CITIZEN FOR HIS SERVICE TO ROANOKE COUNTY WHEREAS, Michael S. Ruth has owned the Shoe Doctor of Roanoke since January 1998; and WHEREAS, during those thirteen years has been nominated four times for the Roanoke Regional Small Business Award; and WHEREAS, Mr. Ruth has coached Cave Spring National Little League baseball since 1997; and WHEREAS, as a mentor for Roanoke County youth, Mr. Ruth performs numerous services for the disadvantaged and was the recipient of the Principal's Award January 25, 2011 29 at James Madison Middle School in 2002 for assisting disadvantaged youth and the recipient of the James Madison Middle School Certificate of Appreciation in 2004; and WHEREAS, when the Virginia Department of Highways announced they would no longer mow Roanoke County medians, Mr. Ruth proceeded to adopt the median in front of Bernard Drive to Starkey Road; progressed from Starkey Road to Tanglewood Mall; then continued in the other direction all the way to Oak Grove Plaza and subsequently has mowed the medians in front of Cave Spring Road, Brambleton Avenue and Cresthill; and WHEREAS, by his exemplary customer service for the citizens of Roanoke County by keeping our medians mowed and free of trash will help sustain our community as being one of the most beautiful places to live; and WHEREAS, Mr. Ruth believes in leading by example and by showing our youth and others that everyone can make a difference by doing their share. 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 MICHAEL S. RUTH as Outstanding Citizen for his many significant contributions; and FURTHER, the Board of Supervisors wishes Mr. Ruth continued success in all his future endeavors. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 4. Acceptance of a $20,000 grant from the Foundation for Roanoke Valley from the Spangler Fund to purchase thermal imaging cameras for the Back Creek and Bent Mountain Fire /Rescue Stations (Richard E. Burch, Jr., Chief of Fire and Rescue) A- 012511 -2 Alan Ronk, Executive Director of the Foundation for Roanoke Valley made the presentation to Chairman Church, Chief Burch and Division Chief Dustin Campbell. All Supervisors thanked Mr. Ronk and his organization. Supervisor Elswick moved to approve the staff recommendation to accept the grant. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: BRIEFINGS 30 January 25, 2011 1. Annual update on services delivered by Blue Ridge Behavioral Healthcare (Tim Steller, Executive Director of Blue Ridge Behavioral Healthcare) Mr. Steller provided the Board with an update for the services provided by Blue Ridge Behavioral Healthcare. 2. Briefing to review the status of fiscal year 2011 -2012 budget development including an overview of the proposed state budget (Brent Robertson, Director of Management and Budget) Mr. Robertson provided an overview for the Board on the 2011 -2012 budget development, including the status of the State budget. He indicated that departmental budgets are under development, work sessions would be held in February for discussion with the Board. In addition, Mr. Robertson advised that deficit scenarios are also being prepared, including, personnel, operating and capital as a worst case scenario and will be discussed with the Board at the February 8, 2011 work session. He indicated that most local revenues have stabilized and appreciable growth is not expected until next fall or winter. Mr. Robertson advised that the Governor's budget has been released, but must wait on the General Assembly for finalization. He indicated there was no significant restoration of State funding for localities. Finally, Mr. Robertson noted March 8, 2011, has been established for Cultural Arts requests and March 29, 2011, for Human Services requests. He also indicated that the joint work session with the School Board was still in the planning stages. 3. Explore Park (Fred Anderson, Chairman of the Virginia Recreational Facilities Authority; Debbie Pitts, Explore Park Executive Director) Mr. Anderson gave a PowerPoint presentation of the movie work that was done at Explore Park. A copy of this presentation is on file in the Clerk to the Board of Supervisors office. IN RE: APPOINTMENTS 1. Roanoke County Community Leaders Environmental Action Roundtable (RC CLEAR) (appointed by District) Chairman Church advised that he has appointed David Wymer to represent the Catawba Magisterial District to an additional three -year term which will January 25, 2011 31 expire on August 31, 2013. Confirmation of this appointment was placed on the Consent Agenda. IN RE: CONSENT AGENDA RESOLUTION 012511 -3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for January 25, 2011, designated as Item Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 inclusive, as follows: 1. Approval of minutes —January 11, 2011 2. Request to transfer $11,073 of Community Policy and Management Team funds to Roanoke County Schools to correct a miscalculation in the amount approved in December 2010 3. Confirmation of appointment to the Roanoke County Community Leaders Environmental Action Roundtable (RC CLEAR) (appointed by District) On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None 1. General Fund Unappropriated Balance 32 January 25, 2011 2. Capital Reserves 3. Reserve for Board Contingency 4. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of December 31, 2010 5. Report of Claims Activity for the Self- Insurance Program 6. Statement of Budgeted and Actual Revenues as of December 31, 2010 7. Statement of Budgeted and Actual Expenditures and Encumbrances as of December 31, 2010 8. Accounts Paid — December 2010 9. Quarterly Report — Community Development Activities IN RE: CLOSED MEETING At 4:18 p.m., Chairman Church moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2 -3711 A.1. Personnel, namely discussion concerning appointments to the Economic Development Authority and Roanoke Regional Airport Commission and Section 2.2.3711.A.3. To discuss or consider the acquisition of real property for public purposes, namely for library purposes, where the discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the County. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None At 4:24 p.m., Chairman Church recessed to the 4 floor for work session and closed meeting. The closed session was held from 6:08 p.m. until 6:48 p.m. IN RE: WORK SESSIONS 1. Work Session on Redistricting Roanoke County in 2011 (Paul M. Mahoney, County Attorney) January 25, 2011 33 Also in attendance for this work session were Ms. Judith Stokes, General Registrar, Ms. Betty Graham, Deputy Assistant General Registrar, Mr. Philip Thompson, Deputy Director of Planning and Mr. Gary Coleman, GIS Coordinator. Mr. Mahoney explained Roanoke County was required to look at redistricting every ten years based on current census numbers. He further advised census numbers should be received sometime in February due to November elections. Mr. Mahoney added as a result of constitutional actions and timetable, he recommended the Board appoint a committee of himself, Ms. Stokes and Mr. Thompson to put together several plans for consideration. In addition, he asked that the Board give consideration to scheduling a public hearing on February 22, 2011, to obtain comments from the citizens from Roanoke County and to have the Board adopt a resolution for guidelines for redistricting for Roanoke County at the first meeting in March 2010. Mr. Mahoney asked the Board to refer to the attachments consisting of policies and procedures and the resolution adopted in 2001. He suggested that a similar resolution be approved at the first meeting in March. Mr. Mahoney explained if the census data was received in early February, the Board can hold the public hearing on February 22, 2010, and is optimistic that the committee can put together several different redistricting plans in March, no later than April, and then have a first and second reading to redistrict Roanoke County. Mr. Mahoney explained one of the benefits that Roanoke County has is a bailout procedure; our plan does not have to be submitted to Justice and wait 60 -90 days. He advised the problem for Roanoke County was knowing that redistricting was coming, however staff did not take advantage of changing the primary election date, scheduled for June 14, 2011; the general assembly cannot meet this deadline. Accordingly, there are bills pending to move that primary date to August 23, 2011, which is moving through committee. He advised this situation could be a problem for the registrar. It was the consensus of the Board to establish the committee, publish a draft resolution and hold a public meeting on February 22, 2010. Supervisor Flora indicated it was important to keep politics out of the redistricting and to have as little disruption as possible, which was reiterated by Supervisors Altizer and Chairman Church. Supervisor Elswick inquired if the purpose of the redistricting was to equalize population by district; with Mr. Mahoney responding in the affirmative explaining the goal is all districts will be equal in population whether to the Board of Supervisors, House of Delegates, State Senators or Congressmen that is the goal. Through a series of federal litigation for Congressional seats, federal courts have approved up to a 10 percent (10 %) deviation and one of the goals staff is recommending and the Board of Supervisors adopted a decade ago was to have no more than a five percent (5 %) deviation in populations, however, the problem arises when you start dividing communities of interest or neighborhoods, particularly minority neighborhoods or language neighborhoods. The geographic boundaries are looked at, i.e. rivers, streams, interstate highways and there is an inherent contradiction between 34 January 25, 2011 all of the competing goals. Supervisor Elswick remarked that if you take communities of interest into consideration, population would not count with Mr. Mahoney advising that is the difficult legislative decision that the Board will have to make. Supervisor Elswick asked if this was a requirement of the State or Federal and "what if we deleted item six" with Mr. Mahoney advising item six was one of the statutory requirements. Chairman Church stated that his district contained the Western Virginia Regional Jail and he probably picked up 700 people, but most of those people cannot vote. Chairman Church indicated that he would like to have further discussion concerning this issue. Mr. Mahoney explained that he and Mr. Coleman have already been talking about this issue and would be discussed further. The work session was held from 4:37 p.m. until 4:58 p.m. 2. Work Session on Stormwater Enforcement (Paul M. Mahoney, County Attorney) Also in attendance for this work session were Mr. George Simpson, Engineer; Ms. Megan Daily, Civil Engineer I and Mr. Tarek Moneir, Deputy Director of Development Services. Mr. Mahoney advised the Board that this would be the first of several work sessions to discuss stormwater enforcement. He indicated today's session would be about history, statistics and initiaves that the County staff has taken with respect to community education. In the second work session, discussion would address the difficult part, the specifics of enforcement and how to pay for compliance. Mr. Mahoney stated the current procedures were to inspect the property, write an inspection report which was sent to the owner of the property. The owner was given ninety (90) days to bring the property back into compliance. The property was then reinspected and if not complaint, the owner was given a second follow -up notice and given another thirty (30) days. If at the end of that time, the property had not been corrected, a notice of violation was issued. At that point, the next step would take the parties to court. Further discussion on enforcement would be discussed at the next work session. Mr. Moneir advised the Board as part of the process, when the inspectors go to the neighborhoods, they try to educate so the parties will know their rights as well as obligations and advise there is additional information on the Roanoke County website. Mr. Moneir explained staff attempts to build a relationship; success is due in part due to relationship with citizens and education. Mr. Mahoney then advised that the County Administrator has been asked to add stormwater enforcement on the agenda for the next quarterly civic league meeting. He indicated that Mr. Goodman would take that opportunity to provide education, a PowerPoint presentation and discuss obligations of the owners with regard to stormwater regulations. He then stated the second work session would be to discuss the enforcement steps to take to compel compliance and discuss the costs. Mr. Mahoney indicated there were choices that can be made to reduce costs. In the last January 25, 2011 35 year, Roanoke County has inspected one hundred and eighteen (118) ponds and has cataloged, County -wide, five hundred and sixteen (516) ponds. This does not mean this number represents all of the ponds throughout Roanoke County. If sixty -four percent (64 %) of the ponds inspected are inadequate, there would seem to be a problem. In discussions with the property owners, these ponds are being brought to an adequate status; progress is being made. Mr. Mahoney then gave a PowerPoint presentation, a copy of which is on file in the office of the Clerk to the Board of Supervisors. Mr. Mahoney advised that he would like to hold another work session sometime in February where discussion would be held on quantity as well as quality problems. He then asked for feedback from the Board and staff. Mr. Goodman explained the quality would apply to the newly issued ponds after a certain date. Mr. Simpson advised that the older ponds are now considered BMPs due to the fact they can collect sediment, which is the biggest problem we have. He added staff had argued with the Department of Conservation and Recreation, but are different from the ones we put in now. Supervisor Altizer asked if the total inspections performed was 316 inspections and 118 revisits with Mr. Simpson responding in the affirmative. Supervisor Altizer remarked it would take quite a few thousand dollars to correct these problems and if the ponds are not fixed now it will only get more expensive. He commented he was of the opinion that part of the process should be district meetings; at least one meeting within each district. He advised that he felt staff has done a great job, but there are a great many people that need to be reached because they are not aware or understand the magnitude of this issue. He advised there were other issues to be considered, for example a stormwater pond with cattails that has become a wetland. He further indicated the average pond only has approximately twelve years of life expectancy before the sediment must be removed. He reiterated the County must educate its citizens concerning the importance of these ponds and it is not the responsibility of Roanoke County to pay for the ponds. Additionally, Supervisor Altizer stated he was aware in some cases the homeowner associations have done the proper thing and he feels that when discussing options, the owners should always have the option to correct the problem themselves and if not there should be other options. Supervisor Altizer indicated the longer this problem goes on the more expensive it becomes for our citizens and will be a problem for all of Roanoke County. He stated he feels all of our citizens must be engaged to understand the importance of this issue and it is not the responsibility of Roanoke County. Supervisor Altizer stated it is incumbent upon Roanoke County to educate our citizens so these ponds can be taken care of. He further noted that from a budget prospective, additional inspectors are not going to be added. He continued by stating this is an important issue with short -term and long -term ramifications. Supervisor Elswick inquired if the problem is pond or drainage related with Mr. Moneir responding the problem is with both. Supervisor Elswick then asked if the homeowners associations are simply not aware with Mr. Mahoney responding that 36 January 25, 2011 some were aware, but not all. Supervisor Elswick asked what happens if the homeowners association goes bankrupt with Mr. Mahoney responding it is his educated guess the owners would be ultimately responsible. Chairman Church advised that the first step in this process would be at the civic league meetings to be held on February 7, 2011, and Mr. Goodman should provide feedback from this meeting to the Board. Supervisor Elswick commented this was only the civic leagues, with Chairman Church responding this is just the beginning. Supervisor Elswick stated that he agreed with Supervisor Altizer. The work session was held from 4:58 p.m. until 5:34 p.m. 3. Work Session to discuss Board member Elswick's proposal to conduct a symposium on large and utility Wind Energy Systems (B. Clayton Goodman III) Mr. Goodman, County Administrator advised this work session was a result of discussion at the January 11, 2011, Board of Supervisors meeting and Supervisor Elswick had requested a work session be held to discuss the possibility of a symposium on large and utility Wind Energy Systems. Supervisor Elswick stated when the issue was brought to the Board of Supervisors meeting; there was a miscommunication because he felt the Planning Commission and the Board of Supervisors would need to know this information before decisions were made. He stated the idea was rejected then and the reason being was to let the Planning Commission continue to do their job. Supervisor Elswick explained it is really a bigger issue; as a County and as a Valley there are people interested in wind energy. There are universities where people are interested in wind energy. He state he knows Virginia Western is interested in the small win energy systems. He added he would like to have a discussion of whether or not the Board thinks there is any merit to a symposium; it does not have to be just sponsored by the County. This symposium could be a combination of the County plus Hollins, Virginia Western, National College and anybody else that is interested. Obviously, he added if a symposium were held, there would be a lot of people coming to it and it might need to be held in a college auditorium or some other place where the number of people could be accommodated. He advised he feels this is a big decision; a really big impact on whatever areas that these things would go into and accordingly he thinks it behooves the Board to gather as much information as possible. Supervisor Elswick then stated there are a lot of opinions, but opinions do not have data backing them up. There have been a lot of newspaper articles and people calling each other names; evidenced by a meeting last night at CommonSense. There were hotheads on both sides of the issue and it seems to him Roanoke County might have a obligation, subject to the Board's opinion, but if we have citizens out there and not just citizens, relationships are strained between the pros and cons. He stated he feels the Board would be doing the citizens and themselves a January 25, 2011 37 favor of merely seeing if the County could not get people together, people who have lived near these large installations, people who have studied them, government people, university people, it does not matter as long as they know something about them and are not just people saying I like them or I don't like them. People who can bring the Board some facts and make some good presentations, by educating ourselves what all the ramifications are. In any event, he explained Roanoke County will be looked at no matter what, across the State and beyond when one of these proposal comes up, whoever is making the decision on the appropriateness of the project is probably going to be looked at very closely by a number of different people, i.e. other counties, state agencies and other states. So, in his opinion, the extent Roanoke County can do it in a way that makes sense and show that the Board is broadminded and have considered all the attributes. He stated it is his opinion that Roanoke County can make itself look good by either sponsoring ourselves or sponsoring with some of the local educational institutions a symposium where all the variables are looked and try to educate people. At some point in time, we are going to have to make a decision and he feels the Board does not want to make that decision based on not knowing enough before we take our vote. Supervisor Flora stated that he did not have the benefit of that discussion because he was not in attendance and asked who would be sponsoring this symposium. He further indicated that he thinks of a symposium as an educational process. It is usually put on by an organization that brings in experts and provides information. Supervisor Elswick responded it had not been worked out completely. The initial thought is that Roanoke County would ask for it, but there are a lot more people who are interested than just Roanoke County, so it might be combination of Roanoke County and Hollins College or all of the educational institutions. There are a number of people that could do it. Supervisor Flora responded there is bill that has been introduced to the general assembly that would require localities to adopt ordinances that specify when, where and how renewable energy facilities will be cited and it has to be consistent with Virginia's Commonwealth Energy Policy. He added t staff could find out what that policy is so Roanoke County will know what impact it might have. If this symposium is done by a college or university and it was held at that facility and they were bringing in the experts, he stated he felt it could be very educational. He further added one thing that he does not want to get into is Roanoke County sitting here in the building with people coming in and beating on staff and trying to convince us one way or the other is a good thing or a bad thing. He further commented as long as it is purely educational, and is being put on by experts and all people do is come to get educated, he does not have a problem. However, he indicated that Roanoke County should not be the sponsor because that kind of puts us in a position of being manipulated. If any of the local colleges want to put it on and want to invite us he does not have a problem. He stated the County must be kept at arm's length for the process. 38 January 25, 2011 Supervisor Elswick stated that he agreed with Supervisor Flora a hundred percent, however the County would have to be involved if it receives a special use permit request. Supervisor Altizer stated that as far as having a symposium, he does not have a problem, education wise, however he stated he has a problem with having the symposium as a way to interject into the Planning Commission before they draw an ordinance. He reiterated again he respects Supervisor Elswick's position on this, however, he believes and the people he has discussed this with believe the wind energy companies are utilities and believes they have the right to come before a locality for a special use permit. Additionally, he stated he believes the County is more vulnerable and there are other areas other than Bent Mountain and is in a bad way if it does not have an ordinance and get petitioned for a special use permit. He further added he still believes that the process for the Planning Commission has worked for a number of years and believes having an ordinance in place is imperative. The County has been working on this for eighteen (18) months and the ordinance must be taken care of. Supervisor Elswick stated he has been coming to the Planning Commission meetings for a while and the large one did not get initiated until October, prior to that it was the small ones. Mr. Thompson responded by explaining the process is to take issues to the Planning Commission that staff feels they should be working on. In 2009, wind energy was one of the things brought to the Commission by stating staff felt this was one of the issues that staff should look into and address, which the Commission agreed and adopted a motion to go forward. Research in wind energy began in June of 2009. The first work session was in October of 2009. At that time, it was determined there were small wind systems, large systems and utility systems. Staff specifically asked what the Commission wanted them to focus on and was advised to work on regulations that deal with all of them and make comprehensive. Accordingly research has been done since June of 2009. Mr. Thompson stated with regard to the ordinance, a variety of things have been done, i.e. forwarding model ordinances, ten (10) work sessions dealing with wind energy of some sort. As far as the actual text for the ordinance, that probably started back in August of 2010, actually writing the ordinance. There have been six (6) sessions with the Planning Commission dealing with the ordinance language since August of 2010. The Planning Commission finished to some degree at its January 4, 2011, meeting. Supervisor Elswick presented his letter to the Planning Commission and the Commission decided to hold off until the Board made its decision. The letter that was presented also talked about having a joint meeting with the Planning Commission and the Board of Supervisors or a symposium. Accordingly, the Planning Commission decided to move forward with the small wind ordinance, and have scheduled a public hearing for February 1, 2011, but the large wind utility one has been held off until the Board made its decision. January 25, 2011 39 Chairman Church noted everyone needs to learn as much as they can on anything the Board will need to make a decision on. However, he stated it is his opinion that the Board must separate the education from the legislative end of it and the Board cannot put Roanoke County in a liability situation where the County is viewed by an attorney representing any small or large utility as an organization that is trying to "quash" information or to direct it. He stated that he feels the Board knows it will have two opportunities for input. The Planning Commission has always had an open hearing and is part of Roanoke County's process. The Planning Commission needs to be on track. However, if there is an organization, whether it is National Business College or any university willing to hold a symposium, which would be fine. He further stated that if Roanoke County were to become part of the initial process, it could put the County in jeopardy and asked Mr. Mahoney to respond. Mr. Mahoney responded in the affirmative. Supervisor Elswick asked if Roanoke County shows it is proactive and listened to both pros and cons as a part of this symposium would that not help the County from a legal standpoint. Mr. Mahoney responded by stating that he thinks it helps, but asked Supervisor Elswick to consider that because the County already has a process, one that has been set out in the State code, it might not help. The State code states that recommendations come from the Planning Commission, the Planning Commission has its public hearing and whatever is decided is then brought to the governing body. The governing body then has its public hearing and proceeds on that basis. He further advised in the past the Board has held work sessions with the Planning Commission if there were certain issues more complex than a run of the mill rezoning, but as an educational process a symposium would be a positive element. The question is how does that process fit in to the process that has been set out in State code. Supervisor Elswick advises none of this proposal related to the Planning Commission. The Planning Commission should do its job. If the Planning Commission wants to come to the symposium before the ordinance is finished to get educated, that would be fine and if they do not want to they do not have to. Supervisor Elswick stated nothing in this proposal stops the Planning Commission from moving forward; nothing to thwart the Planning Commission from going its job and just feels the Board needs to become educated. Supervisor Altizer stated that he thinks the Board will be educated through a couple of different processes, through the Planning Commission and the ordinance. The education process can take any course and education is good and anyone can take advantage of that. He further stated that the Board is sitting now and the Planning Commission is waiting on the Board and feels the Planning Commission should be told to move forward with their due diligence. Supervisor Elswick stated that he did not think the Board stopped the Planning Commission as the last agreement was to "forget Supervisor Elswick coming 40 January 25, 2011 up with a suggestion that the Planning Commission should wait to get more input from the Board." Mr. Goodman advised Mr. Elswick that was not communicated to the Planning Commission. Accordingly, the Planning Commission will go forward with a public hearing on the large and utility wind energy system ordinance. Supervisor Flora stated the Planning Commission may want to wait to see if Senate Bill 862 is passed as well as the Commonwealth Energy Policy because they may have to go back and rewrite the ordinance again. If the bill dies in committee, move ahead, but if it moves into the House and Senate they may want to wait and see what is in the bill. Additionally, they may want to take a look at the Commonwealth Energy Policy, as it could have a significant impact. He further added as far as a symposium is concerned, he does not think Roanoke County should be the sponsor. Based on the statutory process, the impression is the Board is supposed to stay independent until both sides have been heard in the public hearing and then the Board makes up its mind. He stated he knows all five members have received calls from people wanting to meet privately to convince us that it is either a good thing or a bad thing and he personally had turned everyone down so far, as he feels it is inappropriate to get too involved in that process when there is not even anything on the table. Supervisor Moore stated that the discussion is concerning an ordinance for right now and feels it will protect all the citizens to get an ordinance in place, before a large energy special use permit comes before the Board. Additionally, she stated that she feels the Planning Commission has worked very hard on this; they have been to a lot of symposiums and to wind farms, Dabney Lancaster College, etc and have been gathering information. It was the consensus of the Board to get the Planning Commission back on tract and wait for their instructions. Diane Hyatt reviewed the dates for a joint work session with the School Board. It was the consensus of the Board to move forward with the March 1, 2011 date. The work session was held from 5:34 p.m. until 6:00 p.m. IN RE: CERTIFICATION RESOLUTION At 7:00 p.m., Chairman Church moved to return to open session and adopted the certification resolution. Chairman Church advised that Supervisor Flora would not be attending the evening session. RESOLUTION 012511 -4 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 January 25, 2011 41 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 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 Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: POSTPONEMENT OF PUBLIC HEARINGS AND SECOND READINGS Chairman Church advised the following public meeting have been postponed to meet the legal notice requirements and the petitioners have agreed and the adjoining property owners have been notified. 1. The petition of Jatin Patel to obtain a Special Use Permit in a C -2, General Commercial, District for the purpose of operating a convenience store and fast food restaurant on 0.844 acre, located in the 8000 block of Plantation Road, Hollins Magisterial District (POSTPONED UNTIL FEBRUARY 8, 2011 at 7:00 p.m.) 2. The petition of Fountain Head Land Company, LLC, to amend the Planned Residential Development Master Plan to decrease the maximum number of cottages, to decrease the maximum number of bedrooms in the clubhouse, to increase the maximum number of residential lots to 110, and to reduce the minimum lot size and road frontage for residential lots south of Pitzer Road, and to amend a proffered condition dealing with an at -grade golf cart crossing on Pitzer Road for Fountain Head Golf Resort (Ballyhack) which measures approximately 375 acres, Vinton Magisterial District (POSTPONED UNTIL FEBRUARY 8, 2011 at 7:00 p.m.) 42 January 25, 2011 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to the Mount Pleasant Rescue Squad for their fifty -three (53) years of service (Richard E. Burch, Jr., Chief of Fire and Rescue) In attendance for this recognition were Volunteer Rescue Chief Ann Meyer, Assistant Chief Tammy Prime, Captain Janet Doran, Sammy Doran, Sr., Andy Simmons, Paul Cronk and Dennis Furrow. Each crew member recited their years of service. Chief Burch expressed his appreciation to the crew and advised a plaque was being prepared that will hang at the Mount Pleasant Station. All Supervisors offered their gratitude for all their years of service. RESOLUTION 012511 -5 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO MOUNT PLEASANT RESCUE SQUAD FOR THEIR FIFTY - THREE (53) YEARS OF SERVICE WHEREAS, the Mount Pleasant First Aid Crew was formed in 1958 by a handful of members who lived in the community and saw a need for a local rescue square; and WHEREAS, the first ambulance was an old army surplus vehicle that needed to be jump- started each time there was a call for service; and WHEREAS, the original first aid crew was housed in the basement of Wade and Ruth Garman's community grocery store across from the Mount Pleasant Baptist Church; and WHEREAS, in the early 1970's land was donated by Mrs. Irene Robertson to building a new public safety building for the Mount Pleasant community and in 1973 the first aid crew moved into what is now known as the Mount Pleasant Public Safety Building Number Six on Jae Valley Road; and WHEREAS, after fifty -three years of dedicated service to the community, the Mount Pleasant First Aid Crew is dissolving its organization due to increased call volumes, greater training requirements and diminishing volunteers; and WHEREAS, the Crew have stated that it is now too difficult to commit to providing the high quality of emergency medical services the community has come to expect. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere appreciation to MOUNT PLEASANT RESCUE SQUAD for the many years of commitment and devotion to the safety and well being of our community and its citizens; and January 25, 2011 43 BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to each and every crew members for the future. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None IN RE: PUBLIC HEARINGS 1. Resolution approving and adopting the recommendation of the Roanoke County Bonding Committee to declare the developer of Old Mill Plantation Subdivision, Section I is in default and to authorize officials of Roanoke County to exercise its rights under the developer's Land Subdivider; and the Erosion and Sediment Control Agreements and the accompanying Bonds, Windsor Hills Magisterial District (Tarek Moneir, Deputy Director of Development Services) Mr. Moneir advised the Board that negotiations were being conducted between Mr. Vaughn, the developer and Valley Bank to provide an assignment agreement for this property. Supervisor Elswick inquired if the homeowners association would be responsible for stormwater management with Mr. Moneir answering in the affirmative. Mr. Mahoney explained that once the process began, there had been several positive meetings between the bank and the developer and he has been informed that Valley Bank is willing to step in and take responsibility for this property. He further explained that the assignment agreement was still being prepared. Mr. Mahoney suggested that the Board proceed with the public hearing and defer any action until the next meeting. Supervisor Altizer inquired what was left to be done in this development, with Mr. Moneir explained there was a list of items that remained including curb and gutter; paving; sediment ponds and stormwater management ponds. He further added that the estimate does not exceed the amount of the bonds. Supervisor Altizer then inquired if there were any homeowners already living in this community with Mr. Moneir responding there were fifteen (15) occupied homes and two (2) homes under construction. Chairman Church opened and closed the public hearing. Mr. Randy Lundy of 7532 Grape Holly Lane in Roanoke advised he was not here tonight to speak in a sort of official capacity for the homeowners association, other than the fact he is a homeowner there. Mr. Lundy stated he feels the developer has done a good job in the work that has been completed thus far; most of the paving has been done, most of the 44 January 25, 2011 curb and guttering has been completed. Unfortunately in today's economy and with what has happened in the housing market in the last three years, he understands the developer has certainly been a victim and overall has done a good job. Mr. Lundy advised he would like to really speak in favor of Mr. Mahoney's recommendation to grant two more weeks for the County to work with the bank and putting together a plan. Additionally, Mr. Lundy stated he would like to commend the bank and the developer, who both met with the homeowners association a couple weeks ago; had very good communications with the homeowners there; laid out their intention to honor the improvements as approved by the County and indicated they, would be working with the County to come to that agreement. Mr. Lundy added as Mr. Mahoney pointed out, there have certainly been some technicalities. He finished his comments by stating as a homeowner he is certainly recommending the Board move forward with the recommendation to continue with two more weeks of negotiation with the Valley Bank, who is now the developer. It was the consensus of the Board to defer any further action on this agenda item until the February 8, 2011, meeting. 2. Resolution approving and adopting the recommendation of the Roanoke County Bonding Committee to declare the developer of Old Mill Plantation Subdivision, Section 2 is in default and to authorize officials of Roanoke County to exercise its rights under the developer's Land Subdivider; and the Erosion and Sediment Control Agreements and the accompanying Bonds, Windsor Hills Magisterial District (Tarek Moneir, Deputy Director of Development Services) Mr. Moneir advised this item was the same as the previous one, only under a different section in the development. Chairman Church opened and closed the public hearing. No citizens spoke. It was the consensus of the Board to defer any further action on this agenda item until the February 8, 2011, meeting. IN RE: CITIZENS COMMENTS AND COMMUNICATIONS Mr. Steve Hodges of 5311 Starkey Road in Roanoke advised the Board that he had received a code violation in the mail a week or so ago and needless to say he was very upset because he lives right on Starkey Road. Mr. Hodges stated the violation was in regard to his commercial vehicle, but the Board is aware of all the commercial traffic that goes up and down Starkey Road. He stated it is hard for him to understand and as a contractor he knows there are restrictions because Roanoke County does not want certain things right on the main road on Starkey Road. Mr. January 25, 2011 45 Hodges explained his problem with understanding relates to the fact that he can walk out of his house and walk down the road and see a billboard. He further commented he does not know if there is anything the County can do as far an exception, but stated he has a real issue with this violation. He added that he probably will not get anywhere, but it makes him feel better to know that somebody hears him and knows he is really upset. Mr. Hodges then advised he had provided pictures to the Clerk. Chairman Church advised the pictures were being passed back and forth among the Board members. Mr. Hodges then stated he could understand if he lived in a subdivision and added that he had previously lived in Ashley Plantation and the truck was parked in Ashley for a year and a half and nothing was ever said, however, when he moved to a commercial highway he was told he would need to move this vehicle; it just drives him nuts. He stated he gets up and goes to work every day and has paid taxes and has been working since he was sixteen and he just has a problem with it. Chairman Church advised the Board does not normally go back and forth during citizens comments, but will ask Mr. Goodman to meet with you. Mr. Goodman responded that he would be glad to meet with Mr. Hodges and would check into the situation further and get back in touch with Mr. Hodges as soon as possible. Mr. Hodges explained his thoughts were that he does not know what can be done legally, here but if there could be an exception made on that road or something, based on the commercial traffic and commercial buildings; there is a storage building a tenth of a mile from his house that has all kinds of boats and vans and everything else. He added it is hard for him to understand, being a common man and he has never been to a meeting before. He stated he just felt he needed to take a stand and be heard anyway whether it does any good or not and he appreciated Ms. Moore taking his call and returning his calls. Chairman Church asked Mr. Moneir to come forward and explain the situation. Mr. Moneir advised he is familiar with the issue. He stated he believes Mr. Hodges received zoning compliance letter to remove the truck from the driveway of his home because the truck does not meet the zoning requirements. He advised County staff gave Mr. Hodges two weeks to remove it. The process is that in two weeks if the truck was not removed, staff would return and inspect the property again. Mr. Moneir noted that in addition to a picture of the truck is a section of the code stating why it is a violation. Mr. Monier explained a couple years ago, the Board of Supervisors amended the code to restrict certain vehicles from parking on a driveway and that is what is outlined in the code and why the code cannot be changed. Chairman Church explained he is not recommending that the code be changed; however, staff should reach out and try to explain the code to Mr. Hodges and see if there is anything that can be done. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS 46 January 25, 2011 Supervisor Elswick advised that he had attended the Backcreek Civic League meeting and advised Virginia Tech is starting to do a study on the stink bugs and they would like volunteers; people who have barns or buildings where there might be large accumulations and to please let Virginia Tech know. He stated he believes the college and some state agency would come into that area; collect them and study them. He advised if anyone has a tremendous amount of stink bugs in one area, and they tend to cluster like that, then let the Virginia Tech extension agents know. Additionally, there was a lady at the meeting from the League of Older Americans (LOA) and he did not realize the extent of their involvement. He advised she spent a great deal of time explaining how the LOA assisted people who had problems with their social security, Medicare and doctor visits, etc. Supervisor Elswick recommended to anybody with social security, Medicare program, issues with hospitals, they do not think the bills are right or other kinds of questions, please contact the League of Older Americans; this lady seemed to really enjoy helping people. Supervisor Moore stated that she would just like to remind everyone to please get your pets spayed or neutered. Supervisor Altizer stated he wanted to inform our citizens that travel Route 116 and the Board he has been notified that the Virginia Department of Transportation (VDOT) should have the signs up on Route116 within two weeks; prohibiting trucks over 28 feet from crossing over Windy Gap Mountain and the other signs will be coming down. He noted this is a great thing happening; it's going to save lives. He thanked the Board for all their support in doing this and the Commonwealth Transportation Board and local office of VDOT for all the hard work that they do for us. Chairman Church thanked Mr. Covey, Mr. Moneir, Mr. Holliday, Mr. Thompson and staff that worked on the Glenvar focus group. He advised there was a lively Glenvar focus group meeting on the community plan that continues to be involved in the Glenvar area. He noted there have been at many as a hundred (100) people and they are now into groups trying to channel the steps. He stated the citizens up there are pleased with the progress and with the manner in which this has been taken care of. Additionally, Chairman Church noted that the Clearbrook Walmart ribbon cutting would be held at 8 o'clock the following morning; there will be probably be five hundred (500) people or more and maybe some snow and ice. He noted there was a small opening last night and in attendance were Mr. Mahoney and Ms. Moore. Chairman Church remarked that it is a fantastic establishment, 195,000 square feet; 1/3 of a mile long, and Roanoke County is looking forward to $800,000 plus in tax revenues. January 25, 2011 47 IN RE: ADJOURNMENT Chairman Church adjourned the meeting at 7:43 p.m. ubin)#ted by: A ved by: Auto D orah C. Jac seph B. "B Butch" Church Clerk to the Board Chairman .• • January 25, 2011 PAGE LEFT BLANK INTENTIONALLY