HomeMy WebLinkAbout2/12/2013 - RegularFebruary 12, 2013 53
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 February 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 Altizer called the meeting to order at 3:02 p.m. The roll call was
MEMBERS PRESENT: Chairman Michael W. Altizer; Supervisors Joseph B. "Butch"
Church, Eddie "Ed" Elswick, Richard C. Flora 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: OPENING CEREMONIES
Before the meeting was called to order Pastor Chris Stup of Grace
Covenant Church of Roanoke gave the invocation and the Pledge of Allegiance was
recited by all present.
IN RE: BRIEFINGS
1. Annual update on services delivered by Blue Ridge Behavioral
Healthcare (Tim Steller, Executive Director of Blue Ridge
Behavioral Healthcare)
Mr. Tim Steller provided an update on services delivered by Blue Ridge
Behavioral Healthcare. There was no discussion.
IN RE: NEW BUSINESS
54 February 12, 2013
1. Resolution authorizing Shockey P3, LLC to submit a detailed
Design Proposal for the design and construction of a Criminal
Justice Academy under the Public Private Educational Facilities
and Infrastructure Act (PPEA) (Daniel R. O'Donnell, Assistant
County Administrator)
Mr. O'Donnell outlined the resolution to authorize Shockey P3, LLC to
submit a detailed design proposal for a Criminal Justice Academy and advised no other
proposals were received. He indicated this is the next phase in the process and will
cause no financial obligation on the part of the County.
Supervisor Church reiterated there are no financial obligations and
inquired what the time frame is for this phase. Mr. O'Donnell advised it is his estimation
that it would take several months. There was no additional discussion.
RESOLUTION 021213 -1 AUTHORIZING SHOCKEY P3, LLC TO
SUBMIT A DETAILED DESIGN PROPOSAL FOR THE DESIGN
AND CONSTRUCTION OF A CRIMINAL JUSTICE ACADEMY
UNDER THE PUBLIC PRIVATE EDUCATIONAL FACILITIES
AND INFRASTRUCTURE ACT (PPEA)
WHEREAS, the Public- Private Education Facilities and Infrastructure Act of 2002
(PPEA) allows the Roanoke County to create a public - private partnership to develop
projects for public use; and
WHEREAS, by Resolution 051304 -4 the Board of Supervisors of Roanoke
County adopted procedures for the implementation of the PPEA by Roanoke County;
and
WHEREAS, by Resolutions 042506 -3b and 092606 -2.c the Board of Supervisors
of Roanoke County amended and readopted guidelines and procedures for the
implementation of the PPEA by Roanoke County; and
WHEREAS, Shockey P3, LLC had submitted an unsolicited proposal under the
provisions of the PPEA to construct a criminal justice training academy for Roanoke
County; and
WHEREAS, by Resolution 111312 -4 the Board of Supervisors of Roanoke
County accepted the Shockey P3, LLC unsolicited proposal for publication and
conceptual phase consideration and it invited the submission of competing preliminary
proposals; and
WHEREAS, no other person has submitted a proposal pursuant to these
procedures; and
WHEREAS, the County Administrator has reviewed this proposal and has
recommended to the Board of Supervisors that it proceed to review this proposal at the
detailed design phase.
February 12, 2013 55
1. That there is a public need for a criminal justice training academy for
Roanoke County.
2. That it chooses to accept the Shockey P3, LLC proposal for detailed
Phase 2 proposal review pursuant to Section VI. B. of the County's procedures.
On motion of Supervisor Church to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Church, Elswick, Flora, Altizer
NAYS: None
2. Request to accept and approve the appropriation of $28,000 from
the Ambulance Transport fund to cover salary costs for the
Department's new Operational Medical Director (Richard E.
Burch, Chief of Fire and Rescue)
Chief Burch outlined the request to accept and approve the appropriation
to cover salary costs for the new Operational Medical Director. There was no
discussion. Supervisor Church moved to approve the staff recommendation to
appropriate these funds. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
3. Request to accept and approve the appropriation of $15,000 from
the Ambulance Transport fund to cover additional staffing
expenses at the Read Mountain station (Richard E. Burch, Chief of
Fire and Rescue)
A- 021213 -3
Chief Burch advised this request is for paid staff for coverage on Sundays.
He explained as the calls increase, the revenues will flow back into the transport fund.
Supervisor Flora stated there has been a decline in the availability of volunteers across
Roanoke County. There was no discussion. Supervisor Flora moved to approve the
staff recommendation to appropriate these funds. The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
56 February 12, 2013
IN RE: PUBLIC MEETING AND APPROVAL OF RESOLUTION
1. Resolution approving and adopting the recommendation of the
Roanoke County Bonding Committee declaring the developer
Blue Hills Village, LLC of Blue Hills Village development to be in
default, Hollins Magisterial District (Tarek Moneir, Deputy Director
of Development Services)
Mr. Moneir outlined the request for the resolution to declare the developer
in default. He advised he has not heard from either the developer or the bank. The
Bonding Committee voted to declare the developer in default in December of 2012.
There will be no fiscal impact.
Chairman Altizer opened and closed the public hearing with no citizens
who spoke concerning this issue. There was no discussion.
RESOLUTION 021213 -4 DECLARING THE DEVELOPER - BLUE
HILLS VILLAGE, LLC OF BLUE HILLS VILLAGE
DEVELOPMENT - TO BE IN DEFAULT UNDER THE
"DEVELOPER'S SITE DEVELOPMENT AGREEMENT" AND
"EROSION AND SEDIMENT CONTROL AGREEMENT ",
HOLLINS MAGISTERIAL DISTRICT
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 met 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.
February 12, 2013 57
WHEREAS, a public hearing was held on February 12, 2013, after notice to the
Developer and National Bank of Virginia, to consider the recommendation of the
Bonding Committee and to receive proposals from the Developer and National Bank of
Virginia.
NOW THEREFORE, be it RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Blue Hills Village, LLC is legally bound into the Board of Supervisors of the
County of Roanoke, Virginia, in accordance with the Land Subdivider's
Agreement, dated August 7 2007, for the construction and maintenance of
certain physical subdivision improvements in accordance with the plans for Blue
Hills Village dated January 3, 2007 and all subsequent revisions thereof as
approved by the County of Roanoke.
2. That Blue Hills Village LLC has failed to substantially complete the improvements
as required by the aforesaid Agreement and that the anticipated cost for
completion of said improvements is equal to or less than the sum of $134,731.
3. That the Bonding Committee for Roanoke County has recommended that Blue
Hills Village, LLC be declared in default under the terms of its Land Subdivider's
Agreement, dated August 7 2007, and that Roanoke County exercise its legal
rights and responsibilities to obtain the security remaining and being held for the
County's benefit.
4. That Blue Hills Village, LLC is hereby determined and declared to be in default
for its failure to substantially and adequately complete the requirements imposed
upon it by the aforesaid Land Subdivider's Agreement.
5. That National Bank of Virginia has executed and entered into an irrevocable
standby Letter of Credit No1756 executed on August 7, 2007, as surety for Blue
Hills Village, LLC for Blue Hills Village, on which the remaining balance is
$134,731.
6. That the officials and staff of Roanoke County are hereby authorized, on behalf
of the Board of Supervisors of Roanoke County, Virginia, to draw upon the
aforesaid Irrevocable standby Letter of Credit No. 1756 for all funds secured
thereby for the County of Roanoke as beneficiary and to take all actions, legal or
otherwise, to enforce the legal rights and responsibilities of the Board of
Supervisors in connection with the development of Blue Hills Village by Blue Hills
Village, LLC.
7. 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 authorized to take such action, including the initiation and pursuit of such
legal proceedings, as may be necessary to fully assert and defend the rights and
obligations of Roanoke County in this regard.
8. This Resolution shall be in full force and effect from the date of its adoption.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following roll call and recorded vote:
58 February 12, 2013
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: APPOINTMENTS
Chairman Altizer appointed Mr. Paul St. Clair to represent the Vinton
Magisterial District. There was no objection and the item was placed on the Consent
Agenda.
IN RE: CONSENT AGENDA
RESOLUTION 021213 -5 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM H- 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 February
12, 2013, designated as Item H - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 4 inclusive, as follows:
1. Approval of minutes — January 22, 2013
2. Request to accept and appropriate $5,391 to Roanoke County Schools for the
Adult Basic Education Grant
3. Request to accept the vacation of a portion of the 20 foot Private Drainage
Easement as shown on the plat of the Fairways at Hanging Rock, Section 3,
recorded as instrument # 2011- 02831, on January 4, 2013 in the Roanoke
County Circuit Court Clerk's Office, said Private Drainage Easement being
located on Lot 26 (Tax Map No. 035.04 -13- 14.00) in the said same
subdivision in the Catawba Magisterial District
4. Resolution of appreciation of the Roanoke County Board of Supervisors to
Thomas G. Kerfoot, Social Worker, upon his retirement after more than
twenty -six (26) years of service
5. Confirmation of appointment to the Capital Improvement Program (CIP
Review Committee (appointed by District)
On motion of Supervisor Flora to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Church, Elswick, Flora, Altizer
NAYS: None
February 12, 2013 59
A- 021213 -5.a
A- 021213 -5.b
RESOLUTION 021213 -5.c EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO THOMAS G. KERFOOT, SOCIAL WORKER, UPON HIS
RETIREMENT AFTER MORE THAN TWENTY -SIX (26) YEARS
OF SERVICE
WHEREAS, Thomas G. Kerfoot was hired on July 7, 1986, and has worked as a
Social Worker and Senior Social Worker during his tenure with Roanoke County; and
WHEREAS, Mr. Kerfoot retired on February 1, 2013, after twenty -six (26) years
and seven (7) months of devoted, faithful and expert service with the County; and
WHEREAS, during his time serving Roanoke County, Mr. Kerfoot advocated the
wellbeing and safety of our citizens; responded to allegations of abuse of children and
adults; delivered services to elderly and incapacitated adults; and earned the trust and
confidence of his peers in the department and the community.
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 THOMAS G. KERFOOT for twenty -six (26) years
and seven (7) 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 Flora to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Church, Elswick, Flora, Altizer
NAYS: None
A- 021213 -5.d
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
Mr. Noah Tickle of 1603 Frosty Lane in Salem, Virginia stated he has been a
Roanoke County resident since 1956. He stated ICLEI; the International Council of
Local Environmental initiatives is unconstitutional. It is unimaginable that any of our
elected representatives would sign on to United Nations socialist, NGO
nongovernmental organization. Anyone raised in this Constitutional Republic would
NOT do this had they understood what they were doing; there must be lack of
understanding; unless an intent to be unconstitutional is the real intent. He advised he
could not believe and he continues to be here because of that and to help others
understand that ICLEI is a socialist Trojan horse straight out of /by/ for the UN's Agenda
60 February 12, 2013
21 and out to govern locally instead of going through federal /state governance
channels. He advised he has another seven signatures of Roanoke County citizens to
add to the many, well over one hundred (100) petitioning to have ICLEI removed from
Roanoke County. Many citizens are aware of this unconstitutionality across the United
States and are standing to inform others to remove this socialist ICLEI. Agenda 21 and
its ICLEI is unconstitutional because by Article 1, Section 10 of the United States
Constitution it is prohibited to implement foreign political initiatives and engage in
treaties, alliances and confederations. Therefore ICLEI is illegal and has been
eliminated from many local governments across the United States. The same should
be here also. This unconstitutional injustice will eventually be understood, then
eliminated. There are political party resolutions against ICLEI, national /state /local.
ICLEI is about the so- called carbon footprint reduction. Reduction by saving tons and
tons and tons. How can anything be saved by reduction? This is absolute silliness.
Can they not see the folks are laughing about this political deception; kind of like the
emperor and his new clothes. The clothing is the deception of very transparent all
things green. Carbon is the fourth most occurring element on this planet. Man has no
power over carbon. Man is a carbon life form. Man plays with carbon all day long; like
children playing in the mud. Carbon does what carbon does. Carbon is a manifestation
of energy formed by a certain size star supernova. Carbon was present long before life
existed here and is part of many molecules; more later.
Ms. Linda LaPrade of 5509 Will Carter Lane stated The Board of
Supervisors decision not to purchase property at the intersection of Starkey and Buck
Mountain Roads for a "possible" future roundabout is appreciated in these fiscally
tumultuous times. That is what the citizens of Roanoke County expect from this Board,
but I would like to bring your attention to a related matter on that proposed purchase.
For your information and the County record, there is a petition circulating asking: "Would
you like to see safety improvements at the Starkey and Buck Mountain Road
intersection ?" The question itself is ridiculous because who wouldn't want safety
improvements at any intersection of roads. If this petition is ever presented to this
Board, I want you to recall exactly how it was worded. This General Assembly has
several bills and resolutions pertaining to property rights and to Agenda 21. HJ 654
Opposing United Nations Agenda 21 recognizes the need to oppose United Nations
Agenda 21 due to its radical plan of purported "sustainable development." The
resolution states that the General Assembly recognizes the policy's infringement on the
American way of life and individual freedoms and ability to erode American sovereignty.
This passed the House by 60 to 33 vote and is now in a Senate Committee. A
nationwide magazine took notice " "... lawmakers in Virginia are taking center stage.
United Nations Agenda 21, a radical plan of purported 'sustainable development,'
envisions the American way of life of private property ownership, single - family homes,
and individual freedoms as destructive to the environment," notes the Virginia
resolution, approved by an almost two -to -one margin in the House. The measure also
points out that the UN scheme calls for redistribution of wealth and the erosion of
February 12, 2013 61
American sovereignty." And from Canada: "The war against U.N. Agenda 21 just got
hotter in Virginia. Thinking Americans understand now what U.N. Agenda 21 is and are
not backing down from fighting the anti - American, anti - prosperity, wealth redistribution
scheme of the United Nations." Virginians are a proud people who value their freedoms
and their land. We do not need outside NGO's, like ICLEI, to tell us what is best for us.
Many state legislators see lots of pressure from voters who simply will not reelect those
who trample on those rights, and are getting the message. When will you?
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
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Elswick stated he would like to say he appreciates people
coming in and talking with the Board and telling us their opinions on things. He would
like more people to call him because that is why they are here, that is why they were
elected to listen to people. He stated he encouraged everyone to get involved to either
come here and speak, call him at home.
IN RE: WORK SESSIONS
1. Work session to discuss a potential pilot recycling program
(Anne Marie Green, Director of General Services)
In attendance for this work session was B. Clayton Goodman III, County
Administrator; Anne Marie Green, Director of General Services and Nancy Duval, Solid
Waste Manager. The work session was held from 4:18 p.m. until 4:42 p.m. Ms. Green
provided a PowerPoint presentation, which outlined a program that would inform
residents of private companies that offer curbside recycling pickup for a monthly or
yearly fee. A copy of this presentation is on file in the office of the Clerk to the Board of
Supervisors. The County would issue a request for qualification from companies that
already provide curbside recycling and would work with these companies to promote
their businesses on the County website and recommend them to residents.
62 February 12, 2013
Supervisor Elswick stated he supported the proposed program but added
that he did not want the County to give up on Countywide curbside pickup paid for by
taxpayers. He advised that money for other services that are little used by residents
could help pay for Countywide recycling.
Supervisor Church commented he was concerned that lower- income
families in rural districts would not be able to afford the rates.
Mr. Goodman reiterated the County does not have the funds for
Countywide pickup. He advised he would also work with Ms. Green to continue to
develop the program using outside businesses.
It was the consensus of the Board to move forward on this project and to
bring back before the Board before final launch.
2. Joint work session with Roanoke County School Board to
discuss Health and Dental Plan and rates (5:15 p.m.) (Rebecca
Owens, Director of Finance)
In attendance for this work session were the following School Board
members: Jerry Canada, H. Odell "Fuzzy Minnix, C Drew Barrineau, Michael W.
Stovall, David Wymer, Dr. Lorraine Lange, School Administrator; Brenda Chastain,
Clerk to the School Board, Rebecca Owens Director of Finance, B. Clayton Goodman III
County Administrator, Joe Sgroi, Director of Human Resources and Kim Artherhults,
EAC representative. The work session was held from 5:21 p.m. until 6:11 p.m.
Ms. Owens provided a PowerPoint presentation and discussed the Plans
and the rates, which reflected a two point five percent (2.5 %), increase. A copy of the
PowerPoint presentation is on file in the office of the Clerk to the Board of Supervisors.
Also discussed was an optional high deductible health plan. Supervisor Elswick
requested information with regard to what the consultant is paid, with Mr. Goodman
advising he would provide at a later date. It was the consensus of the Board to approve
the plans at the next Board meeting to be held on February 26 but delay the delay on
the rates until a later date.
3. Work session to discuss Broadband Task Force
recommendations (B. Clayton Goodman III, County Administrator)
In attendance for this work session was Mr. Goodman, Mr. Victor lannello,
from Synchrony; Mr. Sam English from Attention Point. Mr. Goodman provided the
Board with the draft recommendations from the Task Force; a copy is on file in the office
of the Clerk to the Board. Mr. lannello reviewed several of these recommendations and
advised that the infrastructure is important. Funding has been in the form of federal
grants and tobacco funds and the surrounding area has been able to obtain high -speed
internet access at reasonable prices. They are recommending a Broadband Authority
February 12, 2013 63
made up of Roanoke City, Roanoke County, Botetourt County and the City of Salem. It
was the consensus of the Board to continue discussions with the Task Force. The work
session was held from 4:42 p.m. until 5:06 p.m.
IN RE: CLOSED MEETING
At 3:37 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); Grievance Panel; League of Older Americans Committee;
Section 2.2- 3711.A.3, Namely acquisition of property for use as a public library, where
the discussion in an open meeting would adversely affect the bargaining position or
negotiating strategy of the County and Section 2.2- 3711.A.7, Consultation with legal
counsel and briefings by staff members pertaining to the settlement of pending litigation,
namely, Confederated Tribes and Bands of the Yakama Nation vs. Eric H. Holder, Jr., et
all. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
The closed session was held from 3:53 p.m. until 4:12p.m.
IN RE: CERTIFICATION RESOLUTION
At 4:12 p.m., Supervisor Flora moved to return to open session and adopt
the certification resolution.
RESOLUTION 021213 -6 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
M
February 12, 2013
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
following roll call and recorded vote:
AYES: Supervisors Moore, Church, Elswick, Flora, Altizer
NAYS: None
IN RE: ADJOURNMENT
The meeting was adjourned at 6:15 p.m.
SAmitted by: Approved by:
Deborah C. J s Michael W. Altizer
Clerk to the Board Chairman