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HomeMy WebLinkAbout1/8/2013 - RegularJanuary 8, 2013 1 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of January 2013. 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 taken. Chairman Flora called the meeting to order at 2:05 p.m. The roll call was MEMBERS PRESENT: Chairman Richard C. Flora; Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Eddie "Ed" Elswick and Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: B. Clayton Goodman III, County Administrator; Daniel R. O'Donnell, Assistant County Administrator; Paul M. Mahoney, County Attorney; Teresa H. Hall, Director of Public Information and Deborah C. Jacks, Clerk to the Board IN RE: ORGANIZATION OF COUNTY BOARD 1. Election of Officers a. Chairman Supervisor Church nominated Supervisor Moore to serve as Chairman. Supervisor Moore declined the nomination. Supervisor Moore nominated Supervisor Altizer to serve as Chairman. Supervisor Altizer was elected by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: Supervisor Church Supervisor Church commented that his vote is not going to make any difference because he is sure it was predecided decided over a year ago, but with due 2 January 8, 2013 respect to Mr. Flora and Mr. Altizer who voted no during his nomination in 2010, he respectfully votes no. Supervisor Elswick commented during his vote that politics has been a part of who gets to be Chairman in times past; he has been guilty himself and he would like to see the Board resolve that from now on the Board forces a rotation of the job, so they can all responsive to the responsibility of being a Supervisor and the citizens get a chance to see how each performs in the job and make it official that from now on the position will be rotated and try to get politics out of it. b. Vice Chairman Supervisor Flora nominated Supervisor Moore to serve as Vice Chairman. Supervisor Moore was elected by the following recorded vote: AYES: Supervisors Moore, Flora, Elswick, Altizer NAYS: Supervisor Church Supervisor Church commented during his vote that unless Supervisor Altizer can guarantee he is never going to be sick and miss a meeting, which he knows he cannot he goes back to the lady from Cave Spring has declined the Chair, somewhere along the line there is a lack of process. IN RE: RECESS Chairman Altizer declared the meeting in recess at 2:10 p.m. IN RE: INVOCATION An invocation was given by Pastor Sam Belisle from the Celebration Church before the afternoon meeting was called back into session. IN RE: OPENING CEREMONIES Chairman Altizer called the meeting back into open session at 3:03 p.m. with all Supervisors present. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of Brian Clingenpeel for receiving the Governor's Award for Outstanding Contribution to EMS for Children (Richard E. Burch, Jr., Chief of Fire and Rescue) January 8, 2013 3 Chief Burch outlined the recognition. In attendance for this recognition were Chief Richard E. Burch, Jr., Brian Clingenpeel, Public Educator, Rob Logan, Executive Director of the Western Virginia EMS Council; Division Chief Steve Simon and Division Chief Todd Maxey. Mr. Clingenpeel thanked everyone for the recognition. All Supervisors offered their thanks and congratulations. 2. Recognizing Virginia Department of Forestry and Roanoke County Fire and Rescue Staff for extinguishment of forest fire on November 25, 2012 (Richard E. Burch, Jr., Chief of Fire and Rescue) Chief Burch gave a brief overview of the fire on November 25, 2012 and turned the remarks over to Captain Jerry Parcell who gave a more detailed accounting of the extinguishment of the fire. In attendance for this recognition were Chief Richard E. Burch, Jr., Captain Jerry Parcell, Captain Don Altice and Division Chief Dustin Campbell; Virginia Department of Forestry Foresters: Joe Boswell, John Willoughby, Dennis McCarthy; Bent Mountain Volunteer EMT Robert Foote. All Supervisors offered their thanks with a special thanks from Supervisor Elswick. 3. Resolution of appreciation to Richard C. Flora for his service as Chairman of the Roanoke County Board of Supervisors in 2012 All Supervisors offered their thanks. RESOLUTION 010812 -1 OF APPRECIATION TO RICHARD C. FLORA FOR HIS SERVICE AS CHAIRMAN OF THE BOARD OF SUPERVISORS IN 2012 WHEREAS, Richard C. Flora served as Chairman of the Roanoke County Board of Supervisors during 2012; and WHEREAS, during Mr. Flora's term as Chairman, the County achieved a variety of accomplishments, including: ➢ Commercial developments resulting in several new businesses moving into Roanoke County; ➢ Dedication of the South County Library ➢ Virginia Association of Counties Fire & Rescue Achievement Award for Criminal Justice /Public Safety ➢ Roanoke County Police Department and Emergency Communications S1 January 8, 2013 Center received re- accreditation through the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA) ➢ 2012 Silver Summit Award in the Annual Report/ Modest Budget Category for the 2011 Roanoke County Annual Progress Report ➢ 2012 Gold Summit Award in the Audio - Visual Long Format/ Modest Budget Category for the "What Will It Take" educational video ➢ 2012 Gold Summit Award in the Website Development/ Average Budget Category for the RVTV -3 Website ➢ Multiple awards for the Save a Ton education campaign ➢ Revision of the Roanoke County Comprehensive Plan to include the Glenvar Community Plan ➢ Approval of a Fire /Emergency Medical Services Mutual Aid Agreement with the County of Bedford, Virginia and the Town of Vinton, Virginia ➢ Virginia Public Library Directors Association Award for Outstanding Facility 2012 ➢ Recognition of Parks, Recreation and Tourism Staff for receiving Virginia Recreation and Parks Society Awards ➢ Establishment of the Roanoke County RoCo Alert System ➢ Continued progress on School capital projects with the renovation of the Cave Spring Middle School ➢ 2012 Digital Counties Survey award for the ninth (9th) consecutive year ➢ Entered into an Intergovernmental Agreement with Botetourt County, City of Roanoke and the Town of Vinton for a Regional Animal Shelter WHEREAS, Chairman Flora worked diligently during his term to represent the citizens of Roanoke County by promoting regional projects and initiatives to benefit all the residents of the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its deepest appreciation to Richard C. Flora for his service as Chairman during 2012 and for his belief in democracy and championing of citizen participation in local government. On motion of Supervisor Moore to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Church, Elswick, Altizer NAYS: None January 8, 2013 5 ABSTAIN: Supervisor Flora IN RE: BRIEFINGS 1. Briefing on a Report of the Agricultural and Natural Resources of Roanoke County as prepared by the Virginia Tech Extension Service (Joe Dupuis, Master Food Volunteer) Mr. Dupuis provided a report to all Board members and explained this is the first report for this new program. Supervisor Moore thanked Mr. Dupuis for his service. 2. Introduction of David Henderson, County Engineer Mr. Arnold Covey, Director of Community Development introduced Mr. David Henderson as the new County Engineer. Mr. Covey explained he has a civil engineering degree from the University of Maryland and his master degree from Virginia Tech. Mr. Henderson remarked he is looking forward to working with Roanoke County as there are a lot of challenges ahead. IN RE: NEW BUSINESS 1. Resolution scheduling a public hearing on February 13, 2013 and declaring the developer Blue Hills Village, LLC of Blue Hills Village development in the Hollins Magisterial District to be in default (Tarek Moneir, Deputy Director of Development Services) Mr. Moneir explained the request for the resolution due to the developer being in default. There was no discussion. RESOLUTION 010813 -2 APPROVING AND ADOPTING THE RECOMMENDATION OF THE ROANOKE COUNTY BONDING COMMITTEE TO SET FEBRUARY 12, 2013, AS PUBLIC HEARING IN ANTICIPATION OF DECLARING THE DEVELOPER BLUE HILLS VILLAGE, LLC OF BLUE HILLS VILLAGE (LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT), TO BE IN DEFAULT AND TO AUTHORIZE OFFICIALS OF ROANOKE COUNTY TO EXERCISE ITS RIGHTS UNDER THE "DEVELOPER'S SITE DEVELOPMENT AGREEMENT" AND THE ACCOMPANYING SITE DEVELOPMENT LETTER OF CREDITS 6 January 8, 2013 WHEREAS, Blue Hills Village, LLC, a Virginia limited liability corporation (hereafter "Developer"), as developers of Blue Hills Village in the Hollins Magisterial District of Roanoke County, on or about February 20, 2007, entered into an Erosion and Sediment Control Agreement (hereafter "ESC Agreement ") with the County of Roanoke and provided an irrevocable Letter of Credit issued by National Bank of Virginia in the amount of $23,600 to insure the construction and maintenance of certain erosion and sediment control facilities in connection with the development of Blue Hills Village; and WHEREAS, the Developer subsequently, on or about August 7, 2007, entered into a Land Subdivider's Agreement with the County of Roanoke and was granted approval to subdivide a portion of the Developer's property and to record a plat of subdivision for the development to be known as Blue Hills Village and provided an irrevocable Letter of Credit issued by National Bank of Virginia in the amount of $134,731 to insure the construction, completion and maintenance of improvements to the land; and WHEREAS, the Bonding Committee for Roanoke County meeting on December 12 2012, at the Roanoke County Administration Building considered the documentation as to the status of this subdivision project and voted to recommend that the Board of Supervisors schedule a public hearing to consider declaring the Developer to be in default and that the County take all necessary actions to collect the outstanding surety proceeds in order to complete this development. NOW THEREFORE, be it RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a public hearing be scheduled for February 12, 2013, at 3:00 p.m. at the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, Virginia, 24018 to hear testimony and proposals from Blue Hills Village, LLC and National Bank of Virginia concerning the recommendations of the Bonding Committee to declare the Developer in default and to collect the proceeds from the letters of credit in order to complete the development of Blue Hills Village, in accordance with the Land Subdivider's Agreement. 2. That the County Administrator, the Director of the Department of Community Development, his staff and agents and the Office of the County Attorney are hereby directed to provide appropriate notices to the Developer and the Surety of this public hearing, and are further authorized to take such action as may be necessary to fully assert and defend the rights and obligations of Roanoke County in this regard. 3. This Resolution shall be in full force and effect from the date of its adoption. On motion of Chairman Altizer to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None January 8, 2013 7 IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance authorizing the granting of a ten (10) -foot utility easement to Verizon Virginia, Inc. on property owned by the Roanoke County Board of Supervisors (Tax Map No. 055.13 -01- 02.02) for the purpose of an underground utility line to the Glenvar Library at 3917 Daugherty Road, Catawba Magisterial District (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the ordinance and stated there were no changes from the first reading. There was no discussion. Chairman Altizer opened and closed the meeting as there were no citizens who spoke on this public hearing. ORDINANCE 010813 -3 AUTHORIZING THE GRANTING OF A TEN (10) -FOOT UTILITY EASEMENT TO VERIZON VIRGINIA INC. ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 055.13 -01- 02.02) FOR THE PURPOSE OF AN UNDERGROUND COMMUNICATION SYSTEM TO THE GLENVAR LIBRARY AT 3917 DAUGHERTY ROAD, CATAWBA MAGISTERIAL DISTRICT WHEREAS, Verizon Virginia Inc. ( Verizon) requires a permanent utility easement for purpose of providing telephone service to the Glenvar Library from an existing overhead electric line; and WHEREAS, granting this utility easement for an underground communications system is necessary for the operation of the Glenvar Library; and WHEREAS, the proposed utility easement to the Glenvar Library will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on December 11, 2012, and a second reading and public hearing was held on January 8, 2013. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to Verizon Virginia Inc. for a utility easement. 3. That donation to Verizon Virginia Inc. of a utility easement for purpose of an underground communication system, as shown on a plat No. BCC - 89022 -R and 8 January 8, 2013 attached sketch "A" titled " Verizon Virginia Inc. Right -of -Way Plat" prepared by Verizon Virginia Inc., is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None IN RE: CONSENT AGENDA RESOLUTION 010813 -4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for January 8, 2013, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of minutes — December 11, 2012 2. Request to accept and appropriate $23,648.67 to Roanoke County Schools 3. Request to appropriate $18,322.50 to the Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year 2012/2013 4. Request to accept and appropriate $17,500 to Roanoke County Schools 5. Resolution of appreciation of the Roanoke County Board of Supervisors to Victoria Diaz - Eastman, Human Resources Assistant, after more than six (6) years of service 6. Resolution of appreciation of the Roanoke County Board of Supervisors to Stephen Journiette, Crew Leader, after more than seven (7) years of service On motion of Supervisor Church to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None January 8, 2013 9 A- 010812 -4.a A- 010812 -4.b A- 010812 -4.c RESOLUTION 010812 -4.d EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO VICTORIA DIAZ- EASTMAN, HUMAN RESOURCES ASSISTANT, UPON HER RETIREMENT AFTER MORE THAN SIX (6) YEARS OF SERVICE WHEREAS, Victoria Diaz - Eastman was hired on June 2, 2007, and has worked as a Program Support Specialist and Human Resources Assistant during her tenure with Roanoke County; and WHEREAS, Ms. Diaz - Eastman retired on January 1, 2013, after six (6) years and eight (8) months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County, Ms. Diaz - Eastman has always exhibited an attitude of friendliness, caring respect and consideration of County staff and citizens; and WHEREAS, Ms. Diaz - Eastman has been a very dedicated employee, and served the County well over the past six years. 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 VICTORIA DIAZ- EASTMAN for six (6) years and eight (8) months of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Church to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None RESOLUTION 010812 -4.e EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO STEPHEN JOURNIETTE, CREW LEADER, UPON HIS RETIREMENT AFTER MORE THAN SEVEN YEARS OF SERVICE WHEREAS, Stephen Journiette was hired on April 25, 2005, and has worked as a Part time Custodian, Full time Custodian and Crew Leader during his tenure with Roanoke County; and 10 January 8, 2013 WHEREAS, Mr. Journiette retired on January 1, 2013, after seven (7) years and eight (8) months of devoted, faithful and expert service with the County; and WHEREAS, during his time serving Roanoke County, Mr. Journiette was consistently pro- active in maintaining his assigned buildings, often changing his working hours and filling in when his employees were out so that the public and County employees had a pleasant and safe environment; and WHEREAS, Mr. Journiette was an outstanding supervisor and was well liked and respected by his employees, his co- workers at General Services and the County employees in his buildings; and WHEREAS, Mr. Journiette was always dependable and trustworthy, with a strong work ethic and dedication to Roanoke County. 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 STEPHEN JOURNIETTE for seven (7) years and eight (8) months of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Church to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None IN RE: REQUESTS FOR WORK SESSIONS Chairman Altizer stated to Mr. Goodman at this time he is asking him to draft a letter to the following localities; he would like to call for an Economic Summit to be hosted by Roanoke County at Green Ridge Recreational Center. He would like to send out letters to Franklin County, Roanoke City, City of Salem, Montgomery County, Town of Vinton, Botetourt County, and the Western Virginia Water Authority. He stated when looking across this valley some people are rich in land and some people are not. We entertain many, many businesses that come into this valley year after year and they leave. We do not have properties big enough and with governments being strapped as they have been for the last four or five years on their own cannot do a lot and they leave. He stated he would like to open the dialog and discussion with all the leaders of the other localities to see if there is way that we can come together to find a way to be able to bring the big companies with the big jobs and a number of jobs. We in this valley cannot continue to grow at the rate we are growing and hope that everything is going to stay the same, either with services or taxes. We have to grow this economy, create jobs and be in a position that when somebody comes knocking we all can be able to come to the plate and be able to entertain them and possibly do something. In this valley we need to be collaborators together and partners; not competitors. We see January 8, 2013 11 big company after big company leave and go to other localities who have found a way to come together to be ready. There is a light at the end of the tunnel in this economy and if we are not on the right side of the bell curve to be in a position to entertain these companies when they are ready to invest, shame on us. So, Mr. Goodman if you would send that letter and invite all the elected officials of those localities and their staff. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS The following citizens spoke. Lynda LaPrade of 5509 Will Carter Lane in Roanoke, Virginia stated there are two concerns for her today. In the Board's Agenda a work session shows the Board is are considering purchasing property for a possible future roundabout. Has VDOT done a traffic study to determine need? Why, with all the financial uncertainty would the Board even consider purchasing something that might, someday, be on a wishlist? She stated she would like to remind the Board that people in Roanoke County and throughout the country are cutting back, spending very carefully and taking care of necessities. She advised they expect the Board to do to the same with OUR money. This is not the time for the Board to spend money on something that might or might not ever be needed; and she stresses needed. If the Board proceeds with this, we, the citizens will expect full transparency and full justification of the necessity of this item. She stated she would also like to again express her concerns about maintaining personal property rights. Utah has created a booklet for all citizens called "How Property Rights are protected by the Constitution and the State of Utah ". Included in it are rights that are spelled out and constitutionally protected. 1) You have the right to quiet enjoyment. To be free from unreasonable and ongoing nuisances such as odors, noise, dust, vibrations, pollution, trash and debris, whether the source is a neighbor or a governmental activity. 2) You have the right to expect that regulations will be interpreted, where ambiguous, in favor of the property owner. 3) You have the right to be free from regulations that are so vague as to be void. 4) You have the right to be free from administrative decisions in the regulation of property that are not supported by substantial evidence in the record. 5) You have the right to be free from economically onerous regulations -which create extraordinary burdens on the use of property. Why do you need to create such protection for us? Martha Soneta owns a small farm in Fauquier County, Virginia, where she recently hosted a birthday party for eight 10 -year- old girls. They wore hats, picked veggies, and made goat's milk soap. The county says she should have obtain a license before hosting such an event and hit her with a $5,000 fine. In Jackson Heights, Oregon, Gary Harrington owns 170 acres with three ponds and has been sentenced to 30 days in jail and fined $1500 for "collecting" rainwater in his own ponds. The officials state "Oregon law says that all of the water in the state is public water and if you want to use that water, either to divert it or store it, you have to 12 January 8, 2013 acquire a water right before doing that activity." When discussing ICLEI, all of you repeatedly said you would protect our private property rights. Now is the time to see if those were "political words" or the comments of those interested in protecting their citizens. Adopt an ordinance protecting us from future abuse. Susan Edwards of 4121 Givens Road in Salem, Virginia stated she lives in the Catawba Magisterial District of Roanoke County. She first congratulated Mr. Altizer on his selection as Chairman for this year. She stated this afternoon she is here to express her appreciation to the Board, Chairman Flora and particularly our County Attorney, Mr. Mahoney for their work in adopting a policy that will allow the continuation of invocations before Board meetings. She stated she knew they were under pressure from various citizens making comments and in the newspaper over that particular decision; and commended the Board for adopting a policy that was proactive to provide the citizens protection of free speech and also allowing the continuation of this practice. In the start of this new year, she is here to encourage the Board because this term will include additional challenges and we know there are alternatives out there that can be weighed as the Board works on the budget, seek citizen comments, consider new resolutions and listen to the citizens as problems arise; there are opportunities to come to solutions. She just wants to let the Board know that she appreciates each member serving of the Board this year. IN RE: REPORTS Chairman Altizer moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of November 30, 2012 5. Comparative Statement of Budgeted and Actual Revenues as of November 30, 2012 6. Comparative Statement of Budgeted and Actual Expenditures and January 8, 2013 13 Encumbrances as of November 30, 2012 7. Accounts Paid — November 30, 2012 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore stated she wanted everyone to know that RCCLEAR has been working very diligently on gathering information on ways that our citizens can save money and energy. Statistically, if you use ten (10), thirteen (13) watt CFL light bulbs, you can save $47 per year. When you purchase bulbs, keep your receipt and write on the back of the receipt the date that you purchased them because these bulbs should last thousands of hours and if they do not you can take them back and return them for a full refunds. One of the easiest ways to save money and energy is with our cars; a savings of $208 per year was projected by simply driving twenty (20) miles less per week. Do not forget to check the gaps in your attic leading down to your heated spaces. These bypasses are one of the biggest thieves in virtually all new buildings and old. You can go to the SaveATon.org website to get more ideas on savings and there is a calculator there so you can check your own progress. Supervisor Moore then invited everyone to attend a meeting next Thursday, January 17, 2013, at 7:00 p.m. at the South County Library on stormwater. Supervisor Flora stated he wanted to wish every a happy new year; it certainly started off not like January, at least. This morning when he pulled into New Castle the temperature said 19 degrees, which when he got out he was convinced it was at least 19 degrees, but today is turning off beautiful and the rest of the week looks good. The New Year is starting off rather well and hopes it continues for the next 359 days in the same fashion. Supervisor Flora then again thanked the Board for their kind words earlier this afternoon and he appreciates them; it has been an honor to sit in the middle chair last year. Supervisor Altizer stated he too would like to wish everybody a happy new year and to thank the Board for election of Chair. He humbly takes this chairmanship very seriously; as Mr. Church said earlier it is going to be a challenging year. With all challenges we have opportunities and as long as we are looking for every opportunity to every challenge we have to find the solution. He stated he firmly believes Roanoke County will come out on top again in the end as we have. He stated he will not paint a perfect picture, as we all know revenues are tight. Real Estate Assessments Revenues are down approximately $2.5 million to the County. It will be tough, there will be challenges but with the quality of the staff that we have and with this Board he thinks they will find a way to make things work, but if it comes to having to make tough decisions in the end to get it done, then we will have to make tough decisions. Roanoke County is strong; we have strong- minded people who in the past have always found a way to get it done and he is hoping that this year, we will continue to find ways to keep Roanoke County at the top of its game. 14 January 8, 2013 IN RE: CLOSED MEETING At 4:01 p.m., Chairman Altizer 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 an appointment to the Community Policy and Management Team (CPMT); League of Older Americans Advisory Council and Section 2.2.3711.A.29, Discussion of the terms or scope of a public contract involving the expenditure of public funds where discussion in open session would adversely affect the bargaining position or negotiating strategy of the County, namely an agreement with the Virginia's First Regional Industrial Facility Authority. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None The closed session was held from 5:43 p.m. until 5:54 p.m. IN RE: WORK SESSIONS At 4:02 p.m. Chairman Altizer recessed to the fourth floor the following work sessions to be following by closed session. 1. Discussion for proposed land purchase to promote the construction of a future roundabout (B. Clayton Goodman III, County Administrator) In attendance for this work session was David Holliday, Planning Administrator to answer any questions. Mr. Goodman advised that Supervisor Moore had contact him because she had been contacted by some of her constituents concerning a future roundabout for public safety. The proposed roundabout would be at the intersection of Starkey Road and Buck Mountain. She advised she had found a property at the intersection, which is available for purchase. She asked that Mr. Goodman present this item to the Board for discussion as to whether this would be an opportunity to support and possibly accelerate construction of any future roundabout by purchasing land, which is now for sale. A copy of the MLS listing, tax assessment and a map depicting the property and the area has been provided in the Board packet. He further added in regards to VDOT, this roundabout is not on any approved plan currently, it would be something that would need to be added either through revenue sharing and /or six -year plan. Most likely it would have to be added to revenue sharing, which is where projects have been done before, i.e. the Merriman Road roundabout, which was constructed with revenue- January 8, 2013 15 sharing funds and cost approximately $1.2 million. Supervisor Moore stated it is her opinion the County already needs a roundabout there; there is lots of traffic. Traffic backs up everyday all the way up Starkey Road. When people get to that intersection at Buck Mountain, they do not stop; they run the stop sign. People speed and there are a lot of residents that live around there; it is really congested. She stated she thinks this would offer an opportunity for improvement. This property could be looked at and assessed for VDOT to put a roundabout there in the future. She stated she thinks it is really needed. This property is zoned multi - family, which means a triplex could be built there and if that happens, it is going to be a lot more expensive in the future. She advised in looking at the maps in the packet, there is a steep bank at the end of Starkey Road and it drops off on the right side of Starkey Road near Buck Mountain. So, it is not really doable; it would be more expensive. Mr. Holiday can address that. She stated she hopes that the Board does not let this be a political issue. She stated she thinks it is really, really important for the safety of our citizens and it would allow us an opportunity to do something good for the County and for VDOT. She also stated that she works for Realstar Realtors; she is a subagent of Realstar. She does not have this property listed; she will not receive any financial gain from it, but because she does work for Realstar and this is such an important issue, she is going to recuse herself from any votes that may be taken on it. Supervisor Church commented that he did not think it would be a political issue if you are talking about budgetary issues, which is his major concern. Where is the money coming from? Currently, we have listened to one chairman sitting in here to his left and we are up against the wall financially, $300,000. We do not know what we have coming down the road. We do know the assessments are down, revenues are down and the outlook is bleak. We have disaster happening around our County in Newtown that could potentially bring funding for school protection on the horizon. We have at least one and maybe multiple potential school closings in Roanoke County. How in the world can be looking at something like this? Supervisor Elswick stated anytime we consider a project with this kind of money on it, we ought to follow our normal routine and it should be evaluated by our CIP Committee, there ought to be some priority given to it and we ought to know from VDOT, what kind of traffic studies have been made and whether or not VDOT agrees that a roundabout is something that might happen someday. He advised he drives through there quite often and has never had a problem, but obviously he must not be driving through when there is a lot of congestion. He reiterated he thinks the Board should follow the normal routine. As far as responsibility for roundabouts, it is not Roanoke County it is VDOT. They are the ones that make those kinds of decisions. It is a lot of money. We have a lot of land that belongs to the County already and does not think it is the kind of thing that we ought to be talking about at this point in time. Chairman Altizer inquired if VDOT was looking at Buck Mountain and Starkey? Mr. Goodman advised he would let Mr. Holiday give some background on work that is occurring in the area and also address the question. 16 January 8, 2013 Mr. Holiday advised it is not on either the six -year plan or revenue sharing plan. There was some revenue sharing money on Buck Mountain Road, but it is on improvements. VDOT is doing a maintenance project on a bridge on Starkey Road very near this location. If you go down Starkey Road and approach Buck Mountain Road, there is a small creek with a bridge in need of replacement. VDOT is planning to do this replacement next summer. They originally tried to do it in 2012, but got pushed back. Staff has been in communications with them for a number of years on this because it will require a short -term closure. We have been coordinating with Fire and Rescue and schools and general services, etc. They originally looked at a five -day window, now they are looking at a ten -day window of closure with detours around Buck Mountain Road, Route 220 and Route 419 or Merriman, Ranchcrest, Route 221, just like they did with the roundabout. In our communications with VDOT, staff has stressed they need to help reach out to the businesses along there and the residents. Staff is concerned about traffic cutting through the Crescent Heights neighborhood that has very small roads and could not handle any cut - through traffic at all. VDOT has advised they will do whatever they can to discourage that and also have some type of community meeting to alert the citizens out there and the businesses that run trucks through there from various points along Starkey or at Southwest Industrial Park. Corrugated Container runs through there daily from Route 419 and Route 220 as well. Some tankers run through there to the distribution center on Starkey, as well as movers down on Merriman and on Starkey and Commonwealth Drive. There are running through there at various times and Rockydale runs dump trucks across Buck Mountain Road to their facility down by the train tracks. They will be looking at that and be communicating with everybody. They are looking at next summer; we originally asked them to do it during the summer so that it would not conflict with schools, but they have asked for additional talks concerning a backup plan in case that does not happen. We met again with representatives from the school and they advised they can work around that, even if it has to been done after school starts. They have advised they would appreciate not having to do the first week of school, because the parents dropping off the children can be alerted as well. Bus routes and fire and rescue can get around and detour through Crescent Heights if they need to. There has been no discussion about the roundabout. Supervisor Church stated his problem with the issue is number one financial and number two, this item was set for closed session and has no business being in closed session. He spoke with Mr. Goodman and believes Mr. Elswick called Mr. Goodman and was advised it was going to stay on closed session. Supervisor Church stated when you are talking about $300,000 taxpayer money; it needs to be transparent. Then when you start looking at the details: where it is, how much money you are talking about. We cannot continue to tell the public that we are lacking revenues and then turn around and does something like this, somewhere it has to give, it has to come from somewhere. He stated he thinks this is something way down in the road. We do not have the funds; it should be public and transparent all the way. January 8, 2013 17 Mr. Goodman stated the reason staff wanted to present to the Board was to obtain feedback and to also discuss whether staff should pursue with VDOT for further discussions about the roundabout because it is not on any of our plans, etc. The property coming up for sale was an opportunity according to Supervisor Moore to discuss and look at the possibility if the County did work something out with VDOT and the Board approved; there may be some savings on the project and also address some of her constituents concerns about public safety in that area. He stated staff just needs direction from the Board on how they would like staff to proceed. Supervisor Flora asked if there was any process for VDOT reimbursing the County for any right -of -way that we made purchase of for a project they are going to do. Mr. Holiday stated it is his understanding only if Roanoke County has it identified as a project and have a right -of -way phase in that revenue sharing project. As far as the six -year plan, he thinks it is probably the same way; a project would need to be established. Supervisor Moore advised in regard to the roundabout, she has spoke with Dana Martin and some other people at VDOT and they are very open minded and in tune to looking at this project, so it could possibly be that VDOT may be interested in looking at that location and putting it on the six -year plan. Supervisor Flora stated he travels this road occasionally and he does know it is a short -cut through to US 220. If you are coming down Route 221 and you want to go Route 220 South, this is a good way to cut through because you circumvent Tanglewood and the Lowes area and you cut off several minutes of traffic time plus twenty (20) stoplights. It is a fairly heavily traveled road and Buck Mountain Road is in some dire need of some improvements. There was a bus accident out there several years ago; it is narrow and has a significant drop off on one side after you get under the Parkway. If this does not move forward, it ought to. The County needs to take a look at where we can put this project because South County continues to develop. Actually, if you are coming from Salem and you are on Route 419 and going Route 220 South, you will go around; you will go Cave Spring Road, Merriman and then hits Starkey Road and Buck Mountain Road. It is a very convenient by -pass to that congested area around Route 419 and Route 220. It needs to be looked at; the problem with putting on the six (6) year plan is that is not a six (6) year plan, really like a twenty (20) year plan. The area needs to be addressed before it becomes a real problem area. If you travel through there and he has at 5:00 p.m., you are going to sit and wait at Starkey Road. We need to look at it and this traffic circle (roundabout) could be a part of the solution. Chairman Altizer stated it would appear that we need to have some insight or something from VDOT to see what it would exactly take; whether they are interested or not and how long it is going to take. Before you think about spending the money, you have to have some answers from VDOT to provide some clarity as to how long it will be, what would they be willing to do, what is it going to take to put it on? There is no doubt with the subdivisions that are partially built up Buck Mountain Road that have a lot of lots up there that when the homebuilder market comes back it is going to get worse out 18 January 8, 2013 there. He clarified that he does not go that way much because he does not like the traffic out there. Chairman Altizer reiterated that he thinks we need answers before the Board can make a decision. Mr. Goodman asked if it would be the consensus of the Board that staff should work with VDOT and see what it would take to get it on the six -year plan or revenue sharing and report back to the Board. Supervisor Church stated anything other than six -year plan because we do not have the money. He is not willing to go forward. Budget -wise we have been telling the people over and over, we don't have it. We cannot cherry -pick. There are lots of items in Roanoke County that needs attention, but this is not one of them. Roanoke County has a lot facing us and to take $300,000 taxpayer money is just wrong. He stated it is his opinion that we will need to deal with it down the road. Supervisor Moore stated if VDOT does it shouldn't we be allowed to ask them. Supervisor Church stated he does not think they will at no cost to Roanoke County. Supervisor Moore stated we will never know unless we check into it. Supervisor Elswick stated he would like to see a petition from those citizens who asked that a roundabout be constructed and if we were to pursue it, which he does not think we should, there needs to be some way to assure the citizens that we do not have a Supervisor working for the listing agent that is going to benefit from pursuing it. He stated he did not want the Board to look like we are benefitting one of our Supervisors because they work for the listing agent. He stated he thinks it is just not something we should pursue without a lot of interest from the people who live in the area and without VDOT's concurrence. At this point, if we do not feel that it is a high priority item as compared to other ways we need to spend our money, he does not think we should consider it. Supervisor Moore stated that is why she recused herself from any voting. Supervisor Elswick stated it did not matter as the company she works for still makes money. Supervisor Moore stated it is not her company, she does not own it she only works for them. Chairman Altizer admonished the Board to not start the whole year where they are generating a perception that there is or there is not something. If there is anything anywhere the citizens of Roanoke County will find it out. Let's debate the issue on the merits of what we are talking about and let that be it. We cannot go into a year like this throwing innuendoes or creating perceptions. If there are conflicts of interest and a Board member feels that there is, that is why we have the County Attorney; that can be worked out as it has in the past for probably for every Board member that is sitting currently on this Board. Let's keep to the debate of the issue and if it is the consensus of the Board to do something, we will move forward and if it is not the consensus we will move on in another direction, but let's start this year debating the issue on the merits of the issue. Therefore, he advised it appears there is not a consensus one way or the other and there are some that would like to have more information and some that think the information is not needed at this time. He advised January 8, 2013 19 the Board should move on and if things change or become different at some point, the Board can bring it up again. The work session was held from 4:16 p.m. until 4:38 p.m. 2. Work session on the Plantation Road Transportation Alternatives Program Application (Megan G. Cronise, Principal Planner) Megan Cronise went through PowerPoint presentation explaining the request; a copy of which is on file in the office of the Clerk to the Board of Supervisors. Both Supervisors Church and Flora commented on the road conditions in this area. Mr. Goodman explained the need is there in part due to the economic development concentration and staff wants to support and maintain these strategies. It was the consensus of the Board to move forward on this issue. The work session was held from 4:38 p.m. until 4:55 p.m. 3. Request to apply for fiscal year 2013 -2014 Virginia Department of Transportation (VDOT) Transportation Alternatives (TA) Program Funding — Eastern Section of the Roanoke River Greenway: Roanoke City to Blue Ridge Parkway (Doug Blount, Director of Parks, Recreation and Tourism; Lindsay Blankenship, Greenway Planner) In attendance for this work session were Liz Belcher, Roanoke Valley Greenway Coordinator; Lon Williams, Landscape Architect; Lindsay Blankenship, Greenway Planner and Doug Blount, Director of Parks, Recreation and Tourism. Lindsay Blankenship went through a PowerPoint presentation outlining the proposed request; a copy of which is on file in the office of the Clerk to the Board of Supervisors. Supervisor Elswick asked when going through a wooded area, do we have it as a dirt path or do we do we cut the trees and put gravel down and pave it; which way is it done. Ms. Blankenship replied they would update the trails that are already there. She indicated they have looked at both scenarios and if you do a gravel path that will not meet VDOT ADA requirements so we would have to build that with volunteer labor or pay for it ourselves. She indicated that is a concern the Parkway has; they want the least disturbance to land. Supervisor Elswick remarked he would think most people using greenways would like a dirt path through the woods rather than a gravel or paved path; plus, anytime you cut a tree you increase the CO2. If we are cutting a lot of trees then we need to take that into account and use it as an offset where we are saving CO2. We have a mixed variety of uses, mountain bikes, the moms with their strollers, etc. Supervisor Elswick then asked if is it going to be in the wooded area near Explore Park; 20 January 8, 2013 dirt paths, gravel or pavement. Ms. Blankenship responded currently they are hoping to use the paved trail of the Roanoke River Greenway system. Supervisor Elswick responded a paved path through the woods with Ms. Blankenship responding in the affirmative. Supervisor Elswick stated apparently people have different opinions about nature than he does. Supervisor Flora stated VDOT has standards that you have to meet in order to get the funding; it has to be accessible. Mr. Goodman stated it is an ADA requirement. So it must be accessible to a mother pushing a carriage or for someone with a wheelchair. The Appalachian Trail is a great example of where it goes through the mountains, but he would not want to take a mountain bike through certain parts of the Appalachian Trail. Supervisor Elswick inquired if VDOT would be calling the shots on how we proceed with Ms. Blankenship advising in order to receive the funding. Supervisor Elswick stated you can go to McAfee's Knob and some of those areas and it is just nice to walk on dirt. Mr. Blount advised it is their best practice to be able to offer the least amount of disturbance, but because of trying to use Federal funds staff does not have a lot of choices. There are always different sections on the Greenways that will have some natural surface trailways because it is being done through volunteers. Mr. Goodman advised Hollins is another example and is being done with volunteers. Chairman Altizer inquired about Roanoke City's bridge that comes across and connects and where do we stand with the private property owners; are we getting a good feelings because if you have one or two that says no you are back to redesigning. Ms. Blankenship stated throughout last summer and fall staff has been meeting with all the property owners and have scheduled individual meetings with the eleven (11) property owners to hear about their concerns, present a project overview to them. Generally, they have had really strong support for all the neighbors in the area. They have all agreed to allow us temporary access to their properties to conduct preliminary engineering, etc. Mr. Blount explained this was more of an urban population, but have run into a few issues with rural areas with regard to hunting and fishing. There are a few things that will be needed to look at and addressed. Supervisor Flora stated you may have to put up some "No Trespassing" signs and to have enforcement there as well. Mr. Blount stated overall they have received a very positive feedback and hope that will continue. Supervisor Elswick asked what type of problems have they had with people throwing trash along the greenways with Ms. Belcher advising people think of that as a problem, but it has not been. Part of it is that the users in the valley have really respected the greenways and just like the Appalachian Trail users they usually pick up as they go. Most of the trash in the City section is maintained by the City parks, but the County has an "Adopt a Greenway" program as does the City and Salem where a volunteer helps with maintenance and picks up trash. She stated she does not feel January 8, 2013 21 this is a big issue. Supervisor Elswick remarked that is incredible considering every other area in the County has a real problem with trash; even in front of this building last week there was a ton of trash. It says a lot for the kind of people that use these trails. Supervisor Flora stated the people that use these trails are outdoors people; they have a great deal of respect for the outdoors and nature. They take care of these trails. It was the consensus of the Board to move forward on this item. The work session was held from 4:55 p.m. until 5:18 p.m. 4. Work session to discuss fiscal year 2013 -2014 budget development (W. Brent Robertson, Director of Management and Budget) Mr. Robertson went through PowerPoint presentation outlining the Governor's proposed Budget for fiscal years 2012 -2014; a copy of which is on file in the office to the Clerk of the Board of Supervisors. There was no discussion. The work session was held from 5:18 p.m. until 5:35 p.m. IN RE: CERTIFICATION RESOLUTION At 5:54 p.m., Supervisor Flora moved to return to open session and to adopt the certification resolution. RESOLUTION 010812 -5 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 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 Flora to adopt the resolution, and carried by the 22 January 8, 2013 following roll call and recorded vote: AYES: Supervisors Moore, Flora, Church, Elswick, Altizer NAYS: None IN RE: ADJOURNMENT Chairman Altizer adjourned the meeting at 5:55 p.m. Submitted by: Approved by: Michael W. Altizer • Chairman