HomeMy WebLinkAbout10/22/2013 - RegularOctober 22, 2013 447
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 October 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: OPENING CEREMONIES
Before the meeting was called to order a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Altizer called the meeting to order at 3:01 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Michael W. Altizer; 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; Richard L.
Caywood, Assistant County Administrator; Paul M.
Mahoney, County Attorney; and Deborah C. Jacks, Clerk to
the Board
IN RE: BRIEFINGS
1. Briefing and presentation by Virginia Amateur Sports, Inc. on the
2013 Subway Commonwealth Games of Virginia (Peter Lampman,
Virginia Amateur Sports)
Mr. Lampman provided a briefing to the Board that included the economic
impact of the games.
448 October 22, 2013
A handout was provided to the Board; a copy of which is on file in the office of the Clerk
to the Board of Supervisors. Mr. Lampman gave a special thank you to Doug Bount
and his staff at Parks and Recreation and Tourism. There was no discussion.
IN RE: NEW BUSINESS
1. Resolution authorizing the execution of the contractual agreement for
professional services for a stormwater program development study
(Tarek Moneir, Deputy Director of Development Services)
Mr. Moneir outlined the resolution authorizing the agreement for
professional services with the Town of Vinton for stormwater program development.
There was no discussion.
RESOLUTION 102213 -1 AUTHORIZING THE EXECUTION OF
THE CONTRACTUAL AGREEMENT FOR PROFESSIONAL
SERVICES FOR A STORMWATER PROGRAM DEVELOPMENT
STUDY
WHEREAS, Roanoke County recognizes that, in order to comply with federal,
state, and local requirements for the stormwater management regulations, the County
has entered into a Stormwater Consulting Services agreement with AMEC; and
WHEREAS, Roanoke County intends to maintain a close working relationship
with the Town of Vinton; and
WHEREAS, the County will provide stormwater consulting services under its
contract with AMEC to the Town of Vinton; and
WHEREAS, the Town of Vinton has agreed to pay its proportional share for
these stormwater consulting services.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows
1 . That the Contractual Agreement for Professional Services for a
Stormwater Program Development Study for providing stormwater consulting services
to the Town of Vinton is hereby approved (Exhibit A).
2. That the County Administrator, or his designee, is hereby authorized to
execute the Agreement and any other necessary documents to accomplish this action,
all to be upon a form approved by the County Attorney.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
October 22, 2013 449
2. Resolution granting a waiver under Section 13 -23. "Undue
Hardship Waiver" of Article II. "Noise" of Chapter 13. "Offenses -
Miscellaneous" of the Roanoke County Code, upon request from
Blaine Construction Corporation for renovations at the Ardagh
Metal Packaging USA Facility (Paul M. Mahoney, County Attorney)
Mr. Mahoney explained the request for the noise waiver; advising it was
being done mostly as a precautionary measure.
RESOLUTION 102213 -2 GRANTING A WAIVER UNDER
SECTION 13 -23. "UNDUE HARDSHIP WAIVER" OF ARTICLE II.
"NOISE" OF CHAPTER 13. "OFFENSES — MISCELLANEOUS"
OF THE ROANOKE COUNTY, UPON REQUEST FROM BLAINE
CONSTRUCTION CORPORATION FOR RENOVATIONS AT THE
ARDAGH METAL PACKINGING USA FACILITY
WHEREAS, Blaine Construction Corporation has been retained by Ardagh Metal
Packaging USA ( Ardagh) to complete significant renovations to the Ardagh facility
located at 5022 Hollins Road; and
WHEREAS, Blaine Construction Corporation has requested a waiver of the
County's noise ordinance as contemplated under Section 13 -23. "Undue hardship
waiver" of Article II. "Noise" to permit construction activity related to pouring concrete
and steel erection in connection with facility renovations at the above location; and
WHEREAS, the renovation activities will occur past 10:00 pm and before 7:00
am inside the facility and will begin on November 1, 2013, and end on February 28,
2014; and
WHEREAS, Section 13 -23 of the Roanoke County Code establishes certain
standards for the Board of Supervisors to grant waivers from the provision of the
Roanoke County noise ordinance, Article II. "Noise" of Chapter 13. "Offenses —
Miscellaneous" to avoid undue hardship upon consideration of certain factors set forth in
subsection (b) of Section 13 -23 and after making certain alternative findings.
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows
1 . In making its determination as to whether to grant the requested waiver to
Blaine Construction Corporation in connection with renovations at the Ardagh Metal
Packaging USA from the County's noise ordinance, the Board of Supervisors has
considered the following factors:
(a) The time of day the noise will occur — between 10:00 pm and 7:00 am on
November 1, 2013, and ending on February 28, 2014.
450 October 22, 2013
(b) Whether the noise is intermittent or continuous: The noise produced
during the process of the occasional pouring of concrete and the steel erection will be
intermittent.
(c) The technical and economic feasibility of bringing the noise into
conformance with this article: Most of the construction activities will be accomplished
well within the hours not affected by the County noise ordinance. A limited second shift
of employees is being utilized in order to meet Ardagh's aggressive timeline for
completion of renovations. It is anticipated that the pouring of concrete and steel
erection may occasionally occur between the hours of 10:00 pm and 7:00 am.
(d) Such other matters as are reasonably related to the impact of the noise on
the health, safety and welfare of the community and the degree of hardship which may
result from the enforcement of the provisions of this article.
(e) The extent to which the noise is necessary and incidental to the
commercial and industrial use generating the sound: The noise to be generated by the
renovation of the Ardagh facility is normal and expected for this type of operation.
2. The Board of Supervisors makes the following finding: Compliance with
the provisions of the County's noise ordinance concerning the specific act of noise
disturbance, i.e. engaging in, or operating or causing to be operated any equipment
used in the construction, repair, alteration or demolition of buildings .... between the
hours of 10:00 p.m. and 7:00 a.m. would produce serious economic hardship for Blaine
Construction Corporation without producing any substantial benefit to the public either
living in the area of this construction or generally.
3. That the provisions of Sec. 13-21. Specific acts as noise, subsection (1) of
Article II. "Noise" of Chapter 13. "Offenses — Miscellaneous" be WAIVED for a period of
one hundred twenty (120) days from November 1, 2013, until February 28, 2014.
4. This Waiver is granted specifically to Blaine Construction Corporation, its
officers, employees and agents for construction related activities at the Ardagh Metal
Packaging USA located at 5022 Hollins Road in Roanoke County, Virginia.
5. That this Waiver may only be extended upon written application and
approval by the Board of Supervisors.
6. That this Resolution shall be in full force and effect from its passage.
On motion of Supervisor Altizer 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: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of Frank R. Radford and Mary E. Radford to amend
the proffered conditions on property approximately 0.06764 acre
October 22, 2013 451
in size and zoned C -2C, General Commercial, District with
conditions, located at 2210 Electric Road, Windsor Hills
Magisterial District. The amended proffers would remove the
proffered condition limiting signage on the property, Windsor
Hills Magisterial District
Mr. Thompson outlined the request for the ordinance. There was no
discussion.
Supervisor Elswick moved to approve the first reading and set the second
reading and public hearing for November 12, 2013. The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
2. The petition of State Central Bank to amend the proffered
conditions and Planning and Design documents for Loblolly Mill
by removing the sections dealing with trails and lighting. The
Loblolly Mill Planned Residential Development is located on
Sterling Road which measures approximately 104.4 acres, Vinton
Magisterial District
Mr. Thompson outlined the request for the ordinance. There was no
discussion.
Supervisor Elswick moved to approve the first reading and set the second
reading and public hearing for November 12, 2013. The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
discussion.
3. The petition of Barry and Donna Tucker to obtain a Special Use
Permit in a R -1, Low Density Residential, District for the operation
of a bed and breakfast on approximately 1.054 acres, located at
6716 Timberline Circle in the Falcon Ridge Estates Subdivision,
Windsor Hills Magisterial District
Mr. Thompson outlined the request for the ordinance. There was no
Supervisor Elswick moved to approve the first reading and set the second
reading and public hearing for November 12, 2013. The motion carried by the following
recorded vote:
452 October 22, 2013
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance amending various sections of the Roanoke County
Zoning Ordinance (Philip Thompson, Deputy Director of Planning)
Mr. Thompson gave an overview of the ordinance and the changes
proposed. He advised these had been approved by the Planning Commission and
three work sessions had been held with the Board. He advised the latest set of
changes had been handled out to the Board that were approved by consensus at the
last work session.
Supervisor Elswick remarked that he did not understand why we are
requiring religious assembly to have a special use permit; should be by right.
Supervisor Flora stated with regard to the religious assembly, he may
agree with Mr. Elswick providing the standard requires adequate amount of land. His
only concern is that he does not want a mega church next to residential neighborhood;
would like to protect the residential neighborhood. Mr. Thompson advised staff could
add a use and design standard to correct in AV. Next, Supervisor Flora asked what
about protection in AG3, with Mr. Thompson noting there is nothing other than a 3 acre
lot and other requirements for any type of development.
Supervisor Church commented history indicates that the religious
assembly wants to be close to residential; does not ever remember a conflict. Mr.
Thompson confirmed Mr. Church's statement and noted that prior to 1998 or 1999, was
a by right use.
Supervisor Moore stated she is concerned about AG3 and that when 173
comes through a lot of property that may come up fifty years down the road that
residential may be built up against a church.
Supervisor Flora stated there is a situation off Barrens Road that is right
up against the houses that has created a conflict, so has happened. Home is largest
single investment and would like to see that home protected.
Chairman Altizer asked Mr. Thompson to confirm the handout was the
changes agreed to by consensus at the last work session, with Mr. Thompson
responding in the affirmative. Chairman Altizer asked for input from the other Board
members, but it was consensus.
Supervisor Flora moved to approve the first reading and set the second
reading and public hearing for November 12, 2013. The motion carried by the following
recorded vote:
October 22, 2013 453
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
2. Ordinance authorizing the abandonment of an existing cross
access easement, the granting a new cross access easement, and
the acceptance of a stormwater management and drainage
easement — Glenvar Library and Richfield Retirement Community
(Paul M. Mahoney, County Attorney)
Mr. Mahoney explained the ordinance with regard to the three items
covered. There was no discussion.
Supervisor Church moved to approve the first reading and set the second
reading and public hearing for November 12, 2013. The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
3. Ordinance authorizing and approving execution of six (6) third
party lease agreements for agricultural use of land situated on or
within the Explore Park property (Due to time constraints, it is
requested that, upon a four -fifths vote of the Board, the second
reading be waived and the ordinance adopted as an emergency
measure.) (Ruth Ellen Kuhnel, Senior Assistant County Attorney)
Ms. Kuhnel explained the ordinance for six agricultural leases for certain
maintenance responsibilities. She indicated there was a draft of the common lease
included in the agenda packet and the other two leases would expire in January and
July of 2014. She indicated there was a change to the fiscal impact of $13,075.
Chairman Altizer remarked he had already spoken with Mr. Doug Blount, Director of
Parks, Recreation and Tourism who explained where the amounts came from.
ORDINANCE 102213 -3 AUTHORIZING AND APPROVING
EXECUTION OF THIRD PARTY LEASE AGREEMENTS FOR
AGRICULTURAL USE OF LAND SITUATED ON OR WITHIN THE
EXPLORE PARK PROPERTY
WHEREAS, the Board of Supervisors adopted Ordinance #092413 -5, which
approved the Explore Park Lease Agreement dated September 27, 2013, with the
Virginia Recreational Facilities Authority (the "Authority ") and authorized the County to
lease 1051.68 acres of property (the "Property ") from the Authority; and
454 October 22, 2013
WHEREAS, the Authority has assigned to the County six (6) existing one
(1) year agricultural leases with third parties, expiring at varying dates, all of which can
be terminated by either party with sixty (60) days' notice; and
WHEREAS, the County desires to renew some or all of the leases to support the
maintenance of land to serve the public purpose of mitigating costs and maintenance to
the County; and
WHEREAS, the County Administrator and /or his designee desires the flexibility in
executing leases as they become renewable as incidental to and in carrying out the
purposes of Ordinance #092413 -5; and
WHEREAS, the lease payments shall be placed in the Parks and Recreation
Explore Park revenue account; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; and
WHEREAS, the County Charter requires two readings of an ordinance, unless an
emergency exists or "the requirement of such reading has been dispensed with by the
affirmative vote of four - fifths of the members of the board ;" and
WHEREAS, two (2) of the six (6) leases will expire before the opportunity for a
second reading.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The Board hereby approves dispensing with the second reading of the
ordinance under the authority of Section 18.04 of the Roanoke County
Charter.
2. The County Administrator, or his designee, on behalf of the Board of
Supervisors of Roanoke County, is hereby authorized to execute agricultural
lease agreements (attached list of leases titled "Property Leases — Status as
of August 19, 2013 — prepared by Debbie Pitts "), including any renewals or
terminations, associated with the Explore Park Property, all of which
agreements or documents shall be upon form and subject to the conditions
approved by the County Attorney. (Attached lease form agreement
developed to be used for each lease.)
3. Parks and Recreation is authorized to receive lease payments associated
with these agreements to be deposited in the Explore Park revenue account,
and to expend these funds to implement the purposes of Ordinance #092413-
5.
4. This ordinance shall be effective on and from the date of its adoption.
October 22, 2013 455
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
4. Ordinance amending Article IV. "Weeds and Trash" of the
Roanoke County Code by additional definitions to Section 13 -151.
"Definitions ", by clarifying Section 13 -152. "Penalties ", and by
adding a new Section 13 -159. "Littering Prohibited." (Paul M.
Mahoney, County Attorney)
Mr. Mahoney advised this agenda item was sponsored by Supervisor
Moore and attempts to do three (3) things, expand definitions, second expand the
penalty provision, while this Board does not have the authority to tell the Judge, we are
attempting to have the person do community service and third, adding a new section
specific with littering. We are attempting to use civil penalties to aide in enforcement.
We would like to retain the opportunity to go to criminal activity. There were some
additional provisions in State law that we cannot incorporate into County code. Staff
would like to retain the criminal penalties for more egregious situations.
Supervisor Church read a letter he had received on October 1, 2013, from
Mr. Bob Ward as follows: "The enclosed papers were dropped throughout our North
Lakes neighborhood. This happens regularly. They are in a plastic bag sleeve and
tossed out of a red minivan unto driveways or front walkways. As I walk my dog each
night I see them sitting out for days. They are unsolicited. They rot in the rain in
driveways that are not used. They sit on the front walk of a vacant house where an
elderly woman passed away. I have picked one up as it was about to wash into the
storm sewer. They are litter. They are, in my thinking, no different than someone tossing
a Hardees bag out the car window. Is this allowed by County code or understanding?
Should it be? Again, I consider it litter and a detriment to our neighborhood. The
Roanoke Times should mail this sort of thing out. I would invite the Board of Supervisors
to give this some conversation unless it has already been dealt with in some fashion in
the past. Thank you."
Mr. Mahoney advised this raises an issue he has discussed. One of the
problems, the difficulties in some instances is that it is protected by the First
Amendment. Additionally, does it have an adverse impact — into Stormwater drains.
Third, the big problem, it is a signal that the house is vacant and they can be burgled.
The same applies with his morning newspaper. There is a problem and some courts
have struck down. We have been trying to look at and incorporate. The goal is to come
back and include in second reading.
Supervisor Elswick commented it is a good thing to have an ordinance,
but the odds of going to court are pretty low; people are unlikely to throw out with a
456 October 22, 2013
Police Officer behind. There are two trash bags along the road. Mr. Goodman have a
Police Officer up Rt. 221, pick up and see if there is some kind of identification. Another
suggestion would be to put a game camera up. We need a more positive effort unless
we do stricter enforcement.
Supervisor Moore moved to approve the first reading and set the second
reading and public hearing for November 12, 2013. The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: APPOINTMENTS
1. Library Board of Trustees (appointed by District)
Supervisor Flora recommended the appointment of Betty F. Ward to a four
(4) -year term to expire December 31, 2017. Confirmation of this appointment has been
placed on the consent agenda.
IN RE: CONSENT AGENDA
RESOLUTION 102213 -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 October
22, 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 4 inclusive, as follows
1 . Approval of minutes — September 24, 2013
2. Resolution authorizing a Mutual Aid Agreement between Roanoke County
and Sheriff, R. N. Sprinkle, Botetourt County for E -911 calls on Carvins Cove
Road
3. Confirmation of appointments to the Building Code Board of Adjustments &
Appeals (Fire Code Board of Appeals); Library Board of Trustees (appointed
by District); South Peak Community Development Authority and the Western
Virginia Regional Industrial Facility Authority
October 22, 2013 457
4. Resolution approving an amendment to the Agreement creating the Western
Virginia Regional Industrial Facility Authority
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 102213 -4.a AUTHORIZING A MUTUAL AID
AGREEMENT BETWEEN ROANOKE COUNTY AND SHERIFF,
R. N. SPRINKLE, BOTETOURT COUNTY FOR E -911 CALLS ON
CARVINS COVE ROAD
WHEREAS, pursuant to the authority granted in Section 15.2 -1736 of the 1950
Code of Virginia, as amended, Roanoke County has agreed to accept E -911 law
enforcement calls for the Botetourt County residents located along Carvins Cove Road
in the Amsterdam Magisterial District of Botetourt County and provide first responder
emergency law enforcement services for those residents; and
WHEREAS, Roanoke County and the Sheriff have agreed to enter into an
Agreement, incorporated herein as Exhibit A, for the purpose of establishing a protocol
as to how Roanoke County and the Sheriff shall respond should a law enforcement
emergency exist or an #911 law enforcement call be made from the Carvins Cove Road
area of Botetourt County, Virginia;
NOW THEREFORE, BE IT RESOLVED THAT
1 . Roanoke County agrees to accept all the E -911 law enforcement calls from
the residents located on the Carvins Cove Road in the Amsterdam Magisterial
District of Botetourt County, Virginia.
2. That the Agreement between Roanoke County, Virginia and Sheriff, R. N.
Sprinkle, Botetourt County sets forth all the responsibilities of each of the
parties is attached herein as Exhibit A.
3. That the Roanoke County Administrator, or an Assistant County
Administrator, has the authority to execute this Agreement on behalf of the
Roanoke County Board of Supervisors.
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
458 October 22, 2013
A- 102213 -4.b
RESOLUTION 100813 -3.b REQUESTING ACCEPTANCE OF
CIRCLEVIEW DRIVE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached Addition Form AM -4.3, fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County, and
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements, and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention
which applies to this request for addition,
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code
of Virginia, and the Department's Subdivision Street Requirements, after receiving a
copy of this resolution and all outstanding fees and documents required of the
developer, whichever occurs last in time.
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right -of -way, as described, and any necessary easements for cuts, fills and drainage,
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Residency Administrator for the Virginia Department of Transportation.
On motion of Supervisor Altizer 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: REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
October 22, 2013 459
4. Comparative Statement of Budgeted and Actual Revenues as of
September 30, 2013
5. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of September 30, 2013
6. Accounts Paid — September 30, 2013
7. Proclamation signed by the Chairman
At 3:47 p.m. Chairman Altizer recessed to the 4 floor for work session
IN RE: WORK SESSIONS
1. Work session to review the preliminary financial results for June
30, 2013, for the County of Roanoke (Rebecca Owens, Director of
Finance)
In attendance for this work session were: B. Clayton Goodman III, County
Administrator; Rebecca Owens, Director of Finance; Brent Robertson, Director of
Management and Budget; Anne Marie Green, Director of General Services; Diana
Rosapepe, Director of Library Services; Richard Caywood, Assistant County
Administrator and Joe Sgroi, Director of Human Resources.
A PowerPoint presentation was given to the Board, a copy of which is on
file in the office of the Clerk to the Board of Supervisors. Mr. Robertson reviewed the
revenue numbers. Chairman Altizer stated staff should be confident the County was
receiving all the taxes that come in from the businesses to the State, which the State in
turn funds back to the localities. Supervisor Elswick asked if there were computer files
that could be compared with the State with Chairman Altizer advising the State should
have an identifying number. Mr. Goodman advised that the Commissioner of the
Revenue office has repeatedly requested an additional auditor, which he has denied.
He then asked if the Board would like to approve. There was no response. Ms. Owens
then went through the general fund revenues, general fund unappropriated and the
Major Capital fund. Supervisor Elswick stated he would like staff to look at the safety
concerns with the air intake system outside the building. Supervisor Church stated that
he would like for staff to leave the balance for the Glenvar Library at $75,000.
The work session was held from 4:45 p.m. until 5:55 p.m.
2. Work session to discuss bicycle and pedestrian accommodations for
Virginia Department of Transportation (VDOT) road improvements
(Charlotte A. Moore, Supervisor for Cave Spring Magisterial District;
Richard Caywood, Assistant County Administrator)
460 October 22, 2013
In attendance for this work session were: Richard Caywood, Assistant
County Administrator; Michael Gray, District Planning Manager and Brian Blevins, P.E.,
Area Land Use Engineer.
The question that was raised was why is VDOT not putting more peds and
bike ways — it is now the default position with VDOT to include except in special
situations. Roanoke County has instructed not to include for financial reasons or
perceived impacts to the right of way. Mr. Caywood then provided the Board with an
update on the VDOT policy for Integrating Bicycle and Pedestrian Accommodations.
Next, VDOT provided the Board with a PowerPoint presentation to outline their process.
Chairman Altizer then stated with regard to new subdivisions it must meet
the threshold of at least forty (40) lots and combinations on both sides.
Supervisor Moore stated sidewalk and bike paths can be designed with
the project, but can also be added and asked if a resolution was required to make sure
the County adhered to the VDOT policy going forward.
Supervisor Elswick commented staff should look at our busiest street and
make an estimate as to what it would cost. There is always the possibility we could get
a grant. Additionally, he added that bikes needed to have reflective garments and lights
and who set the standards on these. Mr. Goodman advised that bikes have the same
access as a car, which Supervisor Elswick stated the County should be enforcing.
Mr. Goodman advised sidewalks are needed in the appropriate place.
Should have a policy to work with VDOT on, especially around our schools so the
children can walk to school and back. As additional funding comes in, we will have
more projects and would hope the Board would look at Bikes and Accommodations.
Mr. Caywood remarked that there is a "catch 22" situation with sidewalks,
curbs and gutter because when you pipe your stormwater, who is going to pay the
stormwater tax. Could put a swale there, something porous that would allow the water
in and sand drains.
It was the consensus of the Board for Mr. Caywood to work with Mr.
Goodman and Mr. Mahoney on a resolution. Mr. Caywood stated in addition the
Metropolitan Planning Organization should look into as well.
The work session was held from 4:03 p.m. until 4:39 p.m.
Chairman Altizer opened the evening session at 7:00 p.m. Chairman
Altizer recognized two scout troops, Troop 221 of the Cave Spring United Methodist
Church and Troop 352 from Locust Grove Methodist Church.
IN RE: PUBLIC HEARING
1. Public hearing to receive citizen comments regarding proposed
amendments to the fiscal year 2013 -2014 budget in accordance
with Section 15.2 -2507, Code of Virginia (W. Brent Robertson,
Director of Management and Budget)
October 22, 2013 461
Mr. Robertson explained the routine public hearing with regard to
amendments to the fiscal year 2013 -2014 budget. There were no citizens to speak on
this item.
IN RE: SECOND READINGS OF ORDINANCES
1. Ordinance accepting and appropriating four (4) Division of Motor
Vehicle grants in the amount of $86,300 to the Police Department
(Howard B. Hall, Chief of Police)
Chief Hall outlined the ordinance to accept and appropriate four grants in
the amount of $86,300. There were no changes from the first reading held on October
8, 2013.
ORDINANCE 102213 -5 ACCEPTING AND APPROPRIATING
FOUR (4) DIVISION OF MOTOR VEHICLES GRANTS IN THE
AMOUNT OF $86,300 TO THE POLICE DEPARTMENT
WHEREAS, the following four (4) grants, from the Division of Motor Vehicles
(DMV), have been awarded to the Roanoke County Police Department. These grants
will be used to support the Roanoke County Police Department's traffic enforcement
and training.
♦ Grant in the amount of $29,300 to reduce alcohol related fatalities and serious
injuries in traffic crashes.
♦ Grant in the amount of $12,000 to increase occupant protection.
♦ Grant in the amount of $20,000 to increase traffic enforcement on Interstate
81.
♦ Grant in the amount of $25,000 to provide for additional speed enforcement in
Roanoke County
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on October 8, 2013, and the
second reading was held on October 22, 2013.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows
1 . That the sum of $86,300 is hereby accepted and appropriated from the
sources and for the purposes as follows:
a. The DMV grant budget to reduce alcohol related fatalities and serious
injuries in traffic crashes will be increased by $29
b. The DMV grant budget to increase occupant protection will be
462 October 22, 2013
increased by $12,000.
c. The DMV grant budget to increase traffic enforcement on Interstate 81
will be increased by $20,000.
d. The DMV grant budget to provide for additional speed enforcement in
Roanoke County will be increased by $25,000.
2. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
2. Ordinance accepting and appropriating funds in the amount of
$13,671 to the Sheriff's Office from Federal Grant 2013- DJ -BX-
1087, approved by the Department of Justice, Bureau of Justice
Assistance (Rebecca Owens, Director of Finance)
Ms. Owens outlined the ordinance to accept and appropriate a grant for
$13,671. There were no changes from the first reading held on October 8, 2013.
ORDINANCE 102213 -6 ACCEPTING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $13,671 TO THE SHERIFF'S
OFFICE FROM FEDERAL GRANT 2013 -DJ -BX -1087,
APPROVED BY THE DEPARTMENT OF JUSTICE, BUREAU OF
JUSTICE ASSISTANCE
WHEREAS, The Sheriff's Office has received approval for a grant to provide
funds from the Department of Justice - Bureau of Justice Assistance to ensure the
continuation of the Weekend Inmate Work Force Program; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on October 8, 2013, and the
second reading was held on October 22, 2013.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows
1 . That the sum of $13,671 is hereby accepted and appropriated from the
Department of Justice, Bureau of Justice Assistance Federal Grant 2013 -DJ -BX -1087 to
the Sheriff Department for the continuation of the Weekend Inmate Work Force
Program; and
2. That this ordinance shall take effect from and after the date of adoption.
October 22, 2013 463
On motion of Supervisor Moore to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
3. Ordinance appropriating funds in the amount of $28,119.26 to the
Roanoke County Public Schools for grants (Rebecca Owens,
Director of Finance)
Ms. Owens outlined the ordinance to appropriate funds for grants
associated with Roanoke County Schools. There were no changes from the first
reading on October 8, 2013.
ORDINANCE 102213 -7 ACCEPTING AND APPROPRIATING
$28,119.36 TO ROANOKE COUNTY PUBLIC SCHOOLS FOR
VARIOUS GRANTS
WHEREAS, The Virginia Department of Education funds the Project Graduation
Summer Academy which is a program that offers SOL -based remediation and retesting
for students in danger of not graduating because they lack verified credits. Roanoke
County Schools applied for and was granted $5,813.10 for the Project Graduation
Summer Academy; and
WHEREAS, The Virginia Department of Education recognizes credentialing
reimbursements for Career and Technical Education industry certification examinations,
licensure tests and occupational competency assessments for students enrolled in CTE
classes eligible for such examinations. Roanoke County Schools were allocated
$18,108.43; and
WHEREAS, The Virginia Department of Education has allocated $4,197.83 for
Workplace Readiness Skills for the Commonwealth testing and /or other industry
certification assessments to Roanoke County Public Schools; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on October 8, 2013, and the
second reading was held on October 22, 2013.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows
1 . That the sum of $28,119.36 is hereby accepted and appropriated to the
County School Board for Roanoke County for various grants from the Virginia
Department of Education.
2. That this ordinance shall take effect from and after the date of adoption.
464 October 22, 2013
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
4. Ordinance appropriating funds in the amount of $3,090,244 for the
Criminal Justice Academy Project (Rebecca Owens, Director of
Finance)
Ms. Owens outlined the ordinance to appropriate funds for the Criminal
Justice Academy Project. There were no changes from the first reading on October 8,
2013.
ORDINANCE 102213 -8 APPROPRIATING FUNDS IN THE
AMOUNT OF $3,090,244 TO THE CRIMINAL JUSTICE
ACADEMY PROJECT
WHEREAS, Roanoke County staff is in negotiation with the City of Roanoke and
Shockey Roanoke LLC to expand the current City of Roanoke Police Academy facility to
accommodate the Roanoke County Criminal Justice Academy; and
WHEREAS, The County received a settlement from ITT Corporation which is
required to be used for law enforcement in Roanoke of which $2,502,482 remains; and
WHEREAS, The City of Roanoke has committed $250,000 towards the project
for additional parking; and
WHEREAS, a proposer's fee of $13,500 was received from Howard Shockey &
Sons, Inc. as part of the Public Private Educational Facilities and Infrastructure Act
(PPEA) process; and
WHEREAS, the remaining funds for the project in the amount of $324,262 are
available for appropriation in the minor capital reserve: and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on October 8, 2013, and the
second reading was held on October 22, 2013.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows
1 . That the sum of $3,090,244 is hereby appropriated for the purpose of the
Criminal Justice Academy project from the sources as follows:
a) $2,502,482 from ITT Corporation
b) $250,000 from the City of Roanoke
c) $13,500 from Howard Shockey & Sons, Inc. proposer's fee for PPEA
process
October 22, 2013 465
d) $324,262 from Minor Capital Reserve
2. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
5. Ordinance approving a Ground Lease Agreement with the City of
Roanoke to construct and operate a Roanoke County Criminal
Justice Training Academy (Daniel R. O'Donnell, Assistant County
Administrator)
Mr. O'Donnell outlined the ordinance to approve a Ground Lease
Agreement to construct a Roanoke County Criminal Justice Training Academy. There
were no changes from the first reading on October 8, 2013.
ORDINANCE 102213 -9 APPROVING A GROUND LEASE
AGREEMENT WITH THE CITY OF ROANOKE TO CONSTRUCT
AND OPERATE A ROANOKE COUNTY CRIMINAL JUSTICE
TRAINING ACADEMY
WHEREAS, the Board of Supervisors has received an unsolicited Public- Private
Education Facilities and Infrastructure Act (PPEA) proposal from Shockey Roanoke
LLC, a Virginia limited liability company, to design and construct a criminal justice
training academy for the County; and
WHEREAS, the Board of Supervisors of Roanoke County has determined that it
is in the public interest to lease from the City of Roanoke a portion of the property on
which the City's existing police academy is located, and to construct an addition to that
academy on that property; and
WHEREAS, the Board has determined that the sharing of these two (2) facilities
will facilitate the efficient operation of each localities police academy; and
WHEREAS, Roanoke County is authorized to acquire property by lease by
Section 15.2- 1800(A) of the Code of Virginia, and by Section 2.03 of the Roanoke
County Charter, and,
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance, and
that the first reading of this ordinance was held on October 8, 2013, and that the second
reading and public hearing on this ordinance was held on October 22, 2013.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY as follows:
466 October 22, 2013
1. That the Board hereby authorizes and approves the Ground Lease
Agreement with the City of Roanoke for the construction and operation of a Roanoke
County Criminal Justice Training Academy.
2. That this lease is for a term of forty (40) years with an annual rental of one
dollar ($1). The lease property is located at 5401B Barnes Avenue, Roanoke, Virginia
24019. The property contains the Police Academy and the Roanoke City School Bus
garage and is designated by City of Roanoke Tax Map Number 6610101 and contains
20.631 acres.
3. That the County Administrator, or any Assistant County Administrators,
either of whom may act, are authorized to execute and deliver the Ground Lease
Agreement. The form of the Ground Lease Agreement presented to the Board is
hereby approved with such completions, omissions, insertions and changes as the
County Administrator may approve, whose approval shall be evidenced conclusively by
the execution and delivery thereof, all of which shall be approved as to form by the
County Attorney.
4. The County Administrator, or any such other Assistant County
Administrators, are hereby authorized and directed to execute, deliver and record, as
necessary, all other agreements, contracts, leases, and documents on behalf of the
County and to take all such further action as any of them may deem necessary or
desirable in connection with the establishment and operation of a criminal justice
training academy.
5. That this ordinance shall be effective from and after the date of its
adoption.
On motion of Supervisor Altizer 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: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. The petition of Richard L. Atkinson and Kay S. Atkinson to rezone
approximately 4.068 acres from R -1, Low Density Residential,
District to AR, Agricultural /Residential, District, located at 4835
Poor Mountain Road, Catawba Magisterial District (Philip
Thompson, Deputy Director of Planning)
Mr. Thompson outlined the petition advising the Planning Commission
approved with two proffers. There were no citizens to speak on this agenda item.
There was no discussion.
October 22, 2013 467
ORDINANCE 102213 -10 REZONING 4.06 ACRES FROM R -1,
LOW DENSITY RESIDENTIAL DISTRICT, TO AR,
AGRICULTURAL /RESIDENTIAL DISTRICT, FOR THE PURPOSE
OF KEEPING PIGS ON PROPERTY LOCATED AT 4835 POOR
MOUNTAIN ROAD, CATAWBA MAGISTERIAL DISTRICT (TAX
MAP #64.02 -01- 55.00), UPON THE APPLICATION OF RICHARD
AND KAY ATKINSON
WHEREAS, the first reading of this ordinance was held on September 24, 2013,
and the second reading and public hearing were held October 22, 2013; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on October 1, 2013; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows
1 . That the zoning classification of a certain tract of real estate containing
approximately 4.06 acres, as described herein, and located at 4835 Poor Mountain
Road (Tax Map #64.02 -01- 55.00) in the Catawba Magisterial District, is hereby changed
from the zoning classification of R -1, Low Density Residential District, to the zoning
classification of AR, Agricultural /Residential District.
2. That this action is taken upon the application of Richard and Kay Atkinson.
3. That the owner of the property has voluntarily proffered in writing the
following condition which the Board of Supervisors of Roanoke County, Virginia, hereby
accepts:
(1) There shall be no more than 7 pigs allowed on the property.
(2) All animal waste shall be disposed of in a way that will not create a
health hazard or nuisance to adjacent property owners.
4. That said real estate is more fully described as follows:
A parcel containing 4.06 acres located at 4835 Poor Mountain Road being
further described as Tax Map #64.02 -01- 55.00.
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
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
468 October 22, 2013
2. Ordinance to vacate two (2) twenty foot (20') wide drainage
easements dedicated by the subdivision plat for JAVA, LLC,
recorded in Instrument Number 2008 -12233 and being Roanoke
County Tax Map Number 087.10 -03- 05.00.0000; Cave Spring
Magisterial District (Tarek Moneir, Deputy Director of
Development)
Mr. Moneir outlined the ordinance. There were no changes from the first
reading. There were no citizens to speak on this agenda item. There was no
discussion.
ORDINANCE 102213 -11 TO VACATE TWO (2) TWENTY FOOT
(20') WIDE DRAINAGE EASEMENTS DEDICATED FOR PUBLIC
USE BY THE PLAT FOR JAVA, LLC, RECORDED AS
INSTRUMENT # 2008 -12233 AND LOCATED ON ROANOKE
COUNTY TAX MAP #087.10 -03- 05.00- 0000 -0000, CAVE SPRING
MAGISTERIAL DISTRICT
WHEREAS, a plat entitled "Plat of new Tract 'A' and the dedication of 0.079 acre
for public street purposes on property of JAVA, LLC situated at 3464 Chaparral Drive"
dated August 22, 2008, and recorded in the Clerk's Office of the Circuit Court of
Roanoke County, Virginia, as Instrument #2008 -12233 dedicated two (2) twenty foot
(20') wide public drainage easements across a parcel identified as Roanoke County Tax
Map #087.10 -03- 05.00 -0000; and
WHEREAS, the petitioner and current owner of said parcel, Fralin Holdings I,
LLC, has requested the vacation of two (2) twenty foot (20') wide public drainage
easements, which were dedicated by the above - mentioned plat; and
WHEREAS, County staff has reviewed and approved the vacation of these two
(2) drainage easements as shown on the exhibit (Exhibit "A ") attached hereto and
entitled "Drainage easements to be Vacated for Tax Map #087.10 -03- 05.00- 0000"
prepared by the Roanoke County Department of Community Development; and
WHEREAS, no other property owner will be affected by the vacation of these
public utility easements, and this vacation will not involve any cost to the County, and
the affected County departments and public utilities have raised no objection; and
WHEREAS, notice has been given as required by Section 15.2 -2204 of the Code
of Virginia (1950, as amended); and
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 October 8, 2013, and a second
reading and public hearing of this ordinance was held on October 22, 2013.
October 22, 2013 469
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the subject real estate two (2) twenty foot (20') wide public drainage
easements, which were dedicated by plat for JAVA, LLC, recorded as Instrument
#2008 -12233 (shown on the attached Exhibit "A ") are hereby declared to be surplus and
the nature of the interests in real estate renders it unavailable for other public use.
3. That the subject real estate two (2) twenty foot (20') wide public drainage
easements, which were dedicated by plat for JAVA, LLC, recorded as Instrument
#2008 -12233 (shown on the attached Exhibit "A ") be, and hereby are, vacated pursuant
to Section 15.2 -2270 of the Code of Virginia,1950, as amended.
4. That all costs and expenses associated herewith, including but not limited to
publication, survey and recordation costs, shall be the responsibility of the Petitioner.
5. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such actions as may be
necessary to accomplish the provisions of this ordinance, all of which shall be on form
approved by the County Attorney.
6. That this ordinance shall be effective on and from the date of its adoption, and
a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in accordance with Section 15.2 -2270 of the Code of
Virginia (1950, as amended).
On motion of Supervisor Moore to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
3. Ordinance approving and authorizing a cable television
negotiated franchise with Comcast Corporation (Anne Marie
Green, Director of General Services)
Ms. Green outlined the ordinance for a negotiated franchise agreement.
There are no changes from the first reading held on October 8, 2013. There were no
citizens to speak on this item and there was no discussion.
ORDINANCE 102213 -12 APPROVING AND AUTHORIZING A
CABLE TELEVISION NEGOTIATED FRANCHISE WITH COMCAST
CORPORATION
WHEREAS, by Ordinance 121900 -16 adopted on December 19, 2000, effective
January 1, 2001, a cable television franchise had previously been granted by the
County of Roanoke, Virginia., ( "Franchise Authority ") to Blacksburg /Salem Cablevision
Inc., an entity ( "Franchisee ") that is an indirect subsidiary of Adelphia Communications
Corporation ( "Adelphia "); and
470 October 22, 2013
WHEREAS, Adelphia underwent bankruptcy proceedings in 2005; and
WHEREAS, by Resolution 101105 -2 adopted on October 11, 2005, the Board of
Supervisors, Roanoke County as "Franchise Authority" consented to the Adelphia
Transaction and the Exchange Transaction whereby Comcast Corporation assumed all
the obligations of Adelphia and became the "Franchisee "; and
WHEREAS, the underlying original contract between Roanoke County and
Adelphia, now Comcast Corporation expired on October 16, 2010. Comcast, Roanoke
County and the City of Salem, who operate under the same mirror agreement continued
negotiations while the contract remained in a month to month, or holdover status; and
WHEREAS, Comcast, the City of Salem and Roanoke County's negotiations
stalled in 2011 over a the localities' demand for an upgrade to its system for both the
cable system and its Internet service (which is not covered by the Franchise
Agreement), and over Comcast not agreeing to keep a local customer service office
either in Salem or in the Roanoke Valley, and greater expansion of service into rural
County areas; and
WHEREAS, in 2012 Comcast announced its upgrade, which is complete and
agreed to keep the Salem office open for an additional two years and then in a
convenient location after that period, and agreed to higher quality customer service
lines. The negotiations also led to Comcast agreeing to maintain the interconnection
with Cox for cablecast of Channel 3 and agreed that RVTV will remain on Channel 3
unless it becomes technically impossible. The Agreement also includes free service to
government and educational facilities, as well as providing an emergency alert system
available for the local governments; and
WHEREAS, Roanoke County was unsuccessful in obtaining extension of
service in more rural areas in West County, however, the density in the Comcast
agreement is the same as in the Cox agreement for Cox's portions of the County; and
WHEREAS, since the negotiation and execution of the original underlying
Franchise Agreement, the Commonwealth of Virginia has enacted legislation which
provides default franchise agreements with cable companies which the cable
companies can opt to use instead of a negotiated franchise agreement, and that this
alternative process is more difficult for localities to negotiate favorable agreements and;
WHEREAS, Roanoke County will continue to receive a franchise fee from
Comcast in the amount of five percent (5 %) of annual gross revenues; and
WHEREAS, Roanoke County staff supports the execution of this Agreement; and
WHEREAS, the City of Salem passed an ordinance on Monday, August 12,
2013, approving the a Negotiated Franchise Ordinance; and
WHEREAS, the first reading of this ordinance was held on October 8, 2013, and
the second reading and public hearing was held on October 22, 2013; and
WHEREAS, the County of Roanoke is authorized to enter into a cable franchise
agreement pursuant to Section 15.2- 2108.20 of the Code of Virginia.
NOW THEREFORE, BE IT ORDANINED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA, as follows:
October 22, 2013 471
1. Upon review of the financial, legal and technical qualifications of the Franchisee,
and having determined them to be sufficient and appropriate to provide the
services, facilities and equipment necessary to meet the needs of its citizens,
Roanoke County desires to enact this ordinance regulating the construction,
operation and maintenance of a cable system in accordance with the terms and
conditions set forth in Exhibit A, the Cable Franchise Agreement.
2. Roanoke County, by its County Administrator, or Assistant County Administrator,
is hereby authorized to execute the attached Cable Franchise Agreement
establishing the rights and obligations of the Franchising Authority and the
Franchisee consistent with the provisions of Section 15.2- 2108.20 of the Code of
Virginia.
3. That this ordinance shall become effective from and after 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: NEW BUSINESS
1. Resolution authorizing the execution of a Comprehensive
Agreement pursuant to the Public- Private Education Facilities and
Infrastructure Act of 2002 (PPEA) to design and build a Roanoke
County Criminal Justice Academy Facility (Daniel R. O'Donnell,
Assistant County Administrator)
In attendance for this resolution were Travis Hall, Project Manager from
Howard Shockey; Sheriff Mike Winston, Bobby Russell, Superintendent, Western
Virginia Regional Jail Authority; Deputy Chief Tim Jones with the City of Roanoke Police
Department and Roanoke CountyChief Howard Hall.
Mr. O'Donnell outlined the resolution to execute the Agreement. Deputy
Chief Tim Jones spoke in favor of this agreement as well as Chief Hall, Superintendent
Russell and Sheriff Winston.
All Supervisors spoke in favor of this agreement.
RESOLUTION 102213 -13 APPROVING THE EXECUTION OF A
COMPREHENSIVE AGREEMENT WITH SHOCKEY ROANOKE,
LLC FOR THE DESIGN AND CONSTRUCTION OF A NEW
CRIMINAL JUSTICE TRIANING ACADEMY
WHEREAS, on September 7, 2011, Roanoke County received an unsolicited
proposal under the Virginia Public- Private Education Facilities and Infrastructure Act
472 October 22, 2013
( "PPEA ") for the design and construction of a new criminal justice training academy (the
"Project "); and
WHEREAS, this new criminal justice training academy will be constructed as an
addition to or expansion of the City of Roanoke's existing criminal justice training
academy located on 20.631 acres at 5401B Barnes Avenue, Roanoke, Virginia 24019;
and
WHEREAS, on November 22, 2012, the County advertised its notice that it had
accepted for review this proposal and it announced that it would simultaneously
consider competing proposals; however, no other proposals were received; and
WHEREAS, the County accepted the unsolicited proposal for consideration, and
after exhaustive review, determined in writing that proceeding with the procurement that
was the subject of the proposal using competitive negotiation procedures was
advantageous to the County and the public based upon probable scope, complexity, or
urgency of the Project, risk sharing and added value, and /or economic benefit from the
Project; and
WHEREAS, the County determined that the Project is a qualifying project that
serves the public purpose of the PPEA and is in the public interest to pursue; and
WHEREAS, that based upon Shockey Roanoke, LLC's proposal, estimated price
and presentation, the County has selected Shockey Roanoke, LLC for entry into a
comprehensive agreement for the Project, and the County and Shockey Roanoke, LLC
wish to enter into this Comprehensive Agreement for the Project.
NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of
Roanoke County, Virginia, as follows
1 . That the Comprehensive Agreement between Roanoke County and Shockey
Roanoke, LLC is hereby approved.
2. That the County Administrator, or Assistant County Administrator, is
authorized to execute the Comprehensive Agreement on behalf of the County
and take such actions on behalf of Roanoke County as are necessary to
accomplish this transaction, all of which shall be upon form approved by the
County Attorney.
3. That this resolution and approval of the Comprehensive Agreement is
contingent upon the satisfactory negotiation and execution of an Operating
Agreement and Ground Lease with the City of Roanoke, and upon an
appropriation of funds sufficient to pay for this design and construction.
4. That this resolution shall be effective from and after its adoption.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
October 22, 2013 473
2. Resolution approving the execution of an Operating Agreement
with the City of Roanoke to share costs for the Roanoke County
Criminal Justice Training Academy (Daniel R. O'Donnell,
Assistant County Administrator)
Mr. O'Donnell outlined the resolution to approve the Operating Agreement.
There was no discussion. Chief Hall was in attendance to answer any questions.
RESOLUTION 102213 -14 APPROVING THE EXECUTION OF AN
OPERATING AGREEMENT WITH THE CITY OF ROANOKE TO
SHARE COSTS FOR THE OPERATION OF A NEW ROANOKE
COUNTY CRIMINAL JUSTICE TRAINING ACADEMY
WHEREAS, on September 7, 2011 Roanoke County received an unsolicited
proposal under the Virginia Public- Private Education Facilities and Infrastructure Act
( "PPEA ") for the design and construction of a new criminal justice training academy (the
"Project ") from Shockey Roanoke, LLC; and
WHEREAS, this new criminal justice training academy will be constructed as an
addition to or expansion of the City of Roanoke's existing criminal justice training
academy located on 20.631 acres at 5401B Barnes Avenue, Roanoke, Virginia 24019;
and
WHEREAS, the County determined that the Project is a qualifying project that
serves the public purpose of the PPEA and is in the public interest to pursue; and
WHEREAS, the County has negotiated a Comprehensive Agreement for the
design and construction of this Project with Shockey Roanoke, LLC; and
WHEREAS, the County has negotiated a Ground Lease and an Operating
Agreement with the City of Roanoke for the joint use of this new criminal justice training
academy; and
WHEREAS, the Operating Agreement equitably shares the utility, janitorial,
maintenance and technology costs of operating this facility.
NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of
Roanoke County, Virginia, as follows
1 . That the Operating Agreement between Roanoke County and the City of
Roanoke is hereby approved.
2. That the County Administrator, or Assistant County Administrator, is authorized
to execute the Operating Agreement on behalf of the County and take such
actions on behalf of Roanoke County as are necessary to accomplish this
transaction. The form of the Operating Agreement presented to the Board is
hereby approved with such completions, omissions, insertions and changes as
the County Administrator may approve, whose approval shall be evidenced
conclusively by the execution and delivery thereof, all of which shall be upon
form approved by the County Attorney.
474 October 22, 2013
3. That this resolution and approval of the Operating Agreement is contingent
upon the satisfactory negotiation and execution of a Comprehensive
Agreement with Shockey Roanoke, LLC and a Ground Lease with the City of
Roanoke, and upon an appropriation of funds sufficient to pay for this design
and construction.
4. That this Resolution shall be effective from and after its adoption.
On motion of Supervisor Moore 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: CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens spoke:
Billy Spradling of 2804 Spradling Drive in Roanoke stated he has
concerns over the Western Virginia Water sewer lines proposed to be brought out
Rutrough Road that are disguised as leachate lines to drain the landfill seepage to
come back through our properties, close to our properties and we have concerns with it
being toxic for one, getting in our wells. We have a lot of problems with this and it was
proposed up Highland and they stopped it. He understood Roanoke County stopped it
and they put it over on Rutrough and we tried to stop it with a petition with ninety some
percent (90 %) of the people and we need to know what can we do to stop it. We do not
want it; we put up with the landfill for eighteen to twenty years (18 -20 years) with the
landfill traffic. Now they want to pump this stuff back through our properties and call it a
water sewer line, which is a leachate line set up just to drain seepage from the landfill to
save money. We don't want it. Can he ask questions individually? Chairman Altizer
explained under citizen comments, the Board does not hold any communication; we
hear the comments. Mr. Spradling states so he guessed they heard it. Everybody has
the petition. Chairman Altizer stated all the Board members got it. Mr. Spradling stated
he sent the petition here and is this a done deal or will there be a vote on it. He does
not understand. Chairman Altizer stated there would be comments at the end that will
clear.
Laura Arnold of 2607 Rutrough Road and 2657 Rutrough Road also
stated her concern is that this will continue regardless of what we on Rutrough want and
she is concerned as a homeowner and a land owner. She has adjacent property and
she has been told that in the future we will have to hook up to the water and sewer line
at a fee. There is a fee out of their pocket per linear foot to hook up to that. It is quite a
large sum. She stated she realizes that you have to hook up to well and septic
somehow; but she believes she would like for the landowners to date to be
grandfathered in some way. There are some people that wish to give and separate
October 22, 2013 475
their land to their families; to their offspring and they would be able to use the existing
wells. But if water comes down and the leachate goes out, that is not going to be
possible. She would like for the Board to consider to please grandfather the landowners
that are there now. She would also like for the Board to consider any type of
contamination in the future to our existing wells; not out of their pockets. She would like
for the Board to consider some kind of amendment. She stated she does not know
exactly how this works, but if you could somehow work into your code or whatever that if
one day in fact leachate does leak into our existing water sources. She has an eight -
year old well and septic and a three bedroom house and lives there by herself. She is
thinking her sewer and septic and water is going to be good for a while and if this
leachate comes in that is going to affect her greatly. She would like some kind of
consideration from the County that it will not completely fall onto her pocketbook. She
would like the Board to please consider some kind of amendment to the code if they are
affected by the leachate line if, in fact, it does come through.
Richard Miller of 2655, 2643 2639 Rutrough Road stated both of his
homes will be effected by this and both of his homes are way back off the road. He
does not feel like they should have to be made to tap into this line or go with the well
and septic. He stated he is like Laura with an eight (8) year old well. His house next
door has an eight (8) year old well and a new septic system. We do worry about the
toxic getting in their wells. He stated he feels like they ought to have the choice of
whether we want it or not. He thinks we ought to be able to stand up and protect their
property.
Chairman Altizer stated as he has made very clear from the beginning.
Number one, if there was something to vote before this Board, he would not vote
because he is an employee of the Water Authority and he has made that clear to
everyone from the beginning. But just the history as we told in the meeting that night,
the Comprehensive Plan for Roanoke County and Mount Pleasant was acted on by
many of these Board members through about three or four different meetings that we
had back. Clearly and concisely it pointed out in that community plan that water and
sewer would be going down Rutrough Road to Explore Park. The Planning
Commission did what is called a 22/32 review which is really just a State Code, Mr.
Thompson in 2005 and 2006 as well and this Board acted upon it. So, he wanted to
give the history of that as well. Secondly, from people being made to hookup. It is not
going to happen; as he told in that meeting. Today, he met with the County Attorney.
There will be a new ordinance coming forward in November for this Board to vote on,
which actually talks about the ordinance as it is now and then it lists the exceptions.
The exceptions are grandfathered that anyone that has an existing well, existing home
will not have to hook up. If you have a family member that you want to subdivide off a
piece of property and give to that family member whether it is a daughter or a daughter
and a son, they will be allowed to build on that piece of property that you have given
them and they will not be required; they will have the same opportunity as anyone else
there to go ahead and put in a septic system and to drill their own well. He stated he
476 October 22, 2013
instituted that today; Mr. Mahoney is working on that and that should come up for a vote
at our November meeting. He told everyone at the last meeting we had that he was
going to do that; and he can now publicly now say again that he has done that and it will
come before this work at our next meeting, November 12, 2013 and we will act on that
at the November 12, 2013, meeting. Anything else that goes on with that water line and
sewer line really is with the Western Virginia Water Authority and the Roanoke Valley
Resource Authority. He stated he is not going to speak to legal issues; but if something
contaminates something, he thinks there are means and methods that are in place to
take care of that so that people do not have to expend monies out of their pocket.
Again, we generally do not speak to citizens comments, but they have raised questions
tonight and he certainly as Chair want to take the time to tell you that what he promised
he would do, he has done and will bring before this Board for a vote. He stated he
appreciated each and every one coming tonight and having you hear and he is glad to
tell them the progress that has been made on that issue.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Elswick stated he appreciated all the people who are
volunteering to help with Explore Park. Doug says he has an incredible number of
people that want to work there; helping us develop the Park and obviously you young
people are welcome too, if you have not already been there. The County does not have
a lot of money to put into the Park and we are assuming that citizens of the area will
assist us as volunteers as they have been doing all along and we will have a greater
number of volunteers because if we do it there will be something that we built and it will
belong to us and we will have that sense of pride and ownership and turning it into an
attraction. He is sure that Doug really appreciates everyone coming out and
volunteering and Doug will be a great person to lead the effort. Thanks to all those
volunteers and anybody else that wants to help with it, just give Doug a call or any of us
and we will let you know how to get involved.
Supervisor Moore advised the third Stormwater Community Meeting will
be this Thursday, October 24, 2013, from 6 to 8 p.m. at the Green Ridge Recreation
Center. If you live in Roanoke County and you would like to listen to what they have to
say, please attend.
Chairman Altizer thanked the Boy Scouts for coming tonight and being
here with the Board; hope the meeting has been informative and good for you and thank
you to the parents and leaders of the Scout Troop that have taken the time to bring
them out.
October 22, 2013
IN RE: ADJOURNMENT
Chairman Altizer adjourned the meeting at 7:50 p.m.
itted by: Approved by:
477
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Deborah C. J ®rd Michael W. Altizer
Clerk to the Bo Chairman
478 October 22, 2013
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