HomeMy WebLinkAbout10/25/2016 - Regular
October 25, 2016
441
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of October 2016. 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 an invocation was given by Pastor
Joey Lyons from The Bridge Christiansburg Foursquare Church. The Pledge of
Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Peters called the meeting to order at 3:03 p.m. The roll call was
taken.
MEMBERS PRESENT:
Chairman P. Jason Peters,Supervisors George G. Assaid,
Al Bedrosian, Martha B. Hooker and Joseph P. McNamara
MEMBERS ABSENT:
None
STAFF PRESENT:
Thomas C. Gates, County Administrator; Daniel R.
O’Donnell, Assistant County Administrator; Richard
Caywood, Assistant County Administrator; Ruth Ellen
Kuhnel, County Attorney; Amy Whittaker, Public Information
Officer and Deborah C. Jacks, Chief Deputy Clerk to the
Board
IN RE: NEW BUSINESS
1. Resolution adopting a Legislative Program for the 2017 session of
the Virginia General Assembly and petitioning the General
Assembly to favorably consider the topics and issues addressed
herein (Ruth Ellen Kuhnel, County Attorney; Tori Williams,
Planner II)
Ms. Kuhnel outlined the resolution and introduced Mr. Williams.
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Supervisor McNamara commented he thinks these are good
legislative priorities. There was no further discussion.
RESOLUTION 102516-1 ADOPTING A LEGISLATIVE PROGRAM
FOR THE 2017 SESSION OF THE VIRGINIA GENERAL
ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO
FAVORABLY CONSIDER THE TOPICS AND ISSUES
ADDRESSED HEREIN
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, appointed a
Legislative Committee on July 19, 2016, to develop and review local and statewide
issues that affect the health, welfare and safety of the citizens of Roanoke County; and
WHEREAS, the Board of Supervisors desires to adopt this resolution as its
Legislative Agenda for promotion by the local delegation, its legislative liaisons and
County staff for the 2017 Virginia General Assembly.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the following legislative initiatives are submitted for the 2017
session of the Virginia General Assembly for its favorable consideration and adoption to
be designated as its “2017 Legislative Agenda.”
Economic Development
To prosper in a dynamic, global economy that rewards knowledge, innovation, and
creativity, Roanoke County supports strategic investments that will enhance the region’s
competitive advantages, promote regional and public/private sector collaboration, attract
and nurture human capital, and ensure development of a technically skilled workforce.
Roanoke County Seeks:
Funding for the GO Virginia initiative to facilitate regional collaboration on priority
economic development projects;
Commitment of resources for the Virginia Research Investment Fund and
Virginia Tech Carilion Research Institute to promote research, development, and
commercialization of product and processes;
Implementation of the New Economy Workforce Credentials Act;
Funding to promote and expand Career and Technical education in the Roanoke
region;
Additional resources for existing economic development programs including:
The Commonwealth Opportunity Fund
o
Virginia Business Ready Sites Program
o
Virginia Jobs Investment Program (VJIP)
o
Transportation
A robust, multi-modal transportation network is critical for regional economic
development and enhancing quality of life. Federal and state transportation funding
sources remain inadequate to meet the region’s current and future mobility needs.
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Roanoke County Supports:
Efforts to fund regionally significant transportation projects, including Interstate
81, Interstate 73, and Route 460;
Maintenance of robust Revenue Sharing Program and greater flexibility in
determining project eligibility;
Ensuring mechanisms exist to recover expenses associated with the repair of
structural damage to public roads and bridges caused by the hauling of heavy
equipment for the benefit of private enterprise.
Budget
The Commonwealth of Virginia and Roanoke County share responsibility for ensuring
sound financial practices that permit the delivery of critical public services. Roanoke
County supports efforts to stabilize the Commonwealth’s fiscal condition and minimize
budget shortfalls that frequently result in unanticipated loss of revenue for local
government operations.
Roanoke County Supports:
Full state funding for K-12 education to sustain a learning environment that
promotes student achievement and attracts exceptional instructional personnel.
Roanoke County Opposes:
Reinstitution of “local aid to the Commonwealth” or other actions that would shift
funding responsibilities for State government to local government budgets
through reductions in anticipated revenue and/or the imposition of additional
unfunded mandates.
Government Transparency
In 2015, Roanoke County passed an ordinance to require additional employees in
positions of trust, beyond those mandated by statute, to file a financial disclosure form.
Roanoke County Seeks:
Flexibility in determining that employees in certain positions of trust, beyond
those already mandated by statute, may file short-form disclosure under Virginia
Code Section 2.2-3118 instead of the long-form disclosure as mandated under
Section 2.2-3317.
Roanoke County Library Board
Roanoke County, working in conjunction with a Library Advisory Board, has effectively
operated a Library system for decades. A recent opinion of the Attorney General of the
Commonwealth advises that the County must, per State statute, employ a Managing
Library Board and delegate operational oversight of the system to that Board.
Roanoke County Seeks:
A legislative exclusion from the requirement that management and control of its
public library system by vested in a “Managing” library board.
Behavioral Health
During the 2016 session, an Administration initiative to close Catawba Hospital, a state
facility that provides geriatric mental health services and short-term acute care, was
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removed from the adopted biennial budget. As the General Assembly continues its
deliberations on the appropriate balance between community-based and institutional
care and weighs options for filling the gaps in accessible services, measuring outcomes,
and enhancing accountability, the critical role that Catawba Hospital plays in the
region’s continuum of care should be recognized and carefully evaluated.
Roanoke County Supports:
Dialogue between the Joint Subcommittee Studying Mental Health Services in
the Commonwealth in the 21st Century, local governments, Community Service
Boards, and private sector stakeholders to discern the appropriate structure and
funding mechanisms for community based services;
Sustained funding for innovative programs that emphasize early intervention and
long-term recovery;
Review and implementation of system reforms which direct individuals with
mental illness to appropriate care and divert individuals away from the criminal
justice system while ensuring public safety;
Sustained funding for Children's Services Act (CSA) programs ensuring sufficient
appropriations to maintain the partnership between the Commonwealth and
localities established in CSA to provide for especially vulnerable children's
behavioral and physical health needs.
Roanoke County Opposes:
Efforts to close or fundamentally alter the operations of Catawba Hospital absent
a comprehensive plan addressing how those services will be continued in a
community based setting and how funding for those services will be
accommodated within the state budget.
Wireless Communication Infrastructure
As the promise of 5G wireless technology moves closer to reality, the Commonwealth
must continue its efforts to reconcile efficient 5G deployment with local authority over
zoning and land use.
Roanoke County Opposes:
Legislation that would substantially limit the ability of localities to assess fees to
wireless communications companies for the use of public lands and rights-of-
way;
Legislation that would limit a locality’s ability to recover reasonable administrative
fees to review wireless communication infrastructure applications, including costs
associated with obtaining technical expertise through outside consultants;
Legislation that would impose additional limitations or restrictions on regional
initiatives designed to increase competition in broadband markets through the
development of open-access networks.
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Pipeline
Roanoke County residents have expressed concern over potential adverse
environmental impacts that will result from the construction of the Mountain Valley
Pipeline.
Roanoke County Supports:
Providing the Department of Environmental Quality (DEQ) with adequate
resources and authority to effectively monitor and enforce erosion and sediment
control standards in order to protect watersheds, historic sites, and other
environmentally sensitive areas.
Advertising – Public Notices
The advent of social media and other electronic forms of communication has
fundamentally reshaped the means for disseminating information to the public.
Roanoke County Supports:
Legislation that would grant localities greater flexibility to meet certain legal
notice requirements including the authority to advertise legal notices on local
radio, television or on the locality’s website, in lieu of the newspaper
advertisement requirement.
Public Safety
In 2016, Roanoke County developed a Community Strategic Plan to guide decision
making over the next several years. Public input generated during the planning process
affirmed the value of locally provided public services, especially those services provided
by the County’s public safety personnel.
Roanoke County Supports:
Adequate funding for the Line of Duty Act, HB599 aid to localities with police
departments, and Compensation Board funded positions in Sheriffs’ offices and
Regional Jails;
Legislation that would make oral communication of a threat to kill or cause bodily
injury to public employees a misdemeanor;
Adequate state funding for the Department of Forensic Science to ensure the
availability of forensic work in a timely manner.
Roanoke County Opposes:
Legislation that would legalize “consumer fireworks” or 1.4G fireworks that propel
into the air.
Short-Term Rentals
Roanoke County seeks to be a facilitator for consumer access to new technologies
enabling the “sharing economy” while retaining its traditional tools to protect the
interests and rights of the public.
Roanoke County Supports:
A regulatory structure that requires operators of short-term rentals to collect and
remit taxes directly to local governments;
Local authority to perform audits of local transient occupancy taxes.
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On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
2. Resolution supporting an application for $125,000 of matched
transportation funding through the Virginia Department of
Transportation (VDOT) fiscal year 2017-2018 Revenue Sharing
Program (David Holladay, Planning Administrator)
Mr. Holladay outlined the resolution and reviewed each map.
Supervisor Peters inquired if the land has already been acquired for any of
these three projects. Mr. Holladay advised for Huffman Lane, the preliminary
engineering would tell us what we need; believes there are three properties and once
the surveying is done we will know exactly. For Lila Drive, the second reading is a part
of today’s meeting and with Ft. Lewis Church Road, there were be two property owners
that would donate.
Supervisor McNamara inquired if the resolution was based on the Board
approving the matching funds with Mr. Thomas Gates, County Administrator, advising in
the affirmative. Supervisor McNamara stated that we originally had $500,000 for last
year and then we took it out at the last minute. Mr. Gates advised it was reallocated.
Supervisor McNamara asked if $125,000 all we anticipate this year. Mr. Gates advised
$125,000 plus the $413,000, which would bring the total to $538,000 for fiscal year
2018. Supervisor McNamara asked if that was considered to be a one-year request or
multi-year. Mr. Gates advised we were granted the money through the revenue sharing
program with the State; we still have to match last year’s funds or lose it. So, we will
take that amount and add it to these projects, which we need by resolution adopt so we
can submit. The match will be included in the fiscal 2017-2018 Capital Improvement
Program. Supervisor McNamara inquired if based on this year’s budget, we could
increase the amount. Mr. Gates advised if the Board chose to, it could reallocate and
add additional money that is proposed at this point. He would likely propose to the
Board in January the $538,000, but if the Board would like to have discussions about
adding more money to that, we can certainly do that. Supervisor McNamara stated he
was just wondering from a procedural standpoint.
RESOLUTION 102516-2 SUPPORTING AN APPLICATION FOR
$125,000 OF MATCHED TRANSPORTATION FUNDING
THROUGH THE VIRGINIA DEPARTMENT OF
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TRANSPORTATION (VDOT) FISCAL YEAR 2018 REVENUE
SHARING PROGRAM
WHEREAS, the Board of Supervisors reviewed the projects identified in the
attached Roanoke County Revenue Sharing Program, Fiscal Year 2018 Project List,
Designation of Funds; and
WHEREAS, the Board of Supervisors desires to submit an application for an
allocation of funds of up to $125,000 through the Virginia Department of Transportation
Fiscal Year 2018 Revenue Sharing Program; and
WHEREAS, $125,000 of these funds are requested to fund the projects identified
in the Roanoke County Revenue Sharing Program for fiscal year 2018.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board of Supervisors hereby supports this application for
allocation of $125,000 through the Virginia Department of Transportation
Fiscal Year 2018 Revenue Sharing Program.
2. If such funds are approved by the Commonwealth, the Board of
Supervisors will consider the required matching funding appropriation
during the fiscal year 2018 budget process.
3. The Board of Supervisors hereby grants authority for the County
Administrator to execute project agreements for any approved revenue
sharing projects for fiscal year 2018.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION
1. Public Hearing and adoption of a Resolution requesting the
Commonwealth Transportation Board fund a Transportation
Alternatives Set-Aside Project for Williamson Road pedestrian
improvements in Roanoke County (Megan Cronise, Principal
Planner)
Ms. Cronise outlined the request and reviewed the map.
Supervisor McNamara inquired about the $55,000 local match in the
existing Community Development improvements account and where did it get in that
account and how. Ms. Cronise responded it is part of the matching grant program that
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was initiated back in the 1990’s. It has been approximately $20,000 a year, which has
been put into a roll-over account.
Supervisor Bedrosian asked if this is the project they have been talking
about ever since he came on the Board that was a big, multi-million dollar project and
we are looking at a piece of it. Ms. Cronise advised that staff has not really looked at
Williamson all that closely until now. It is part of the Hollins area plan adopted in 2008.
Staff focused on Plantation Road first and now with the funding that VDOT was able to
secure for the safety improvements on the southern section of the road, this is a logical
piece to fill in the middle to connect the Plantation Road project that will be under
construction next year. Supervisor Bedrosian then asked if we were just submitting with
Ms. Cronise responding in the affirmative. Supervisor Bedrosian inquired when we
would know. Ms. Cronise advised the awards would be finalized in 2017. There is a
Transportation Planning Organization component to it that funds these types of projects
and the Commonwealth Transportation Board makes the decision on the funding as
well.
Chairman Peters open and closed the public hearing with the following
citizens speaking:
Wendy Jones Executive Director of the Williamson Road Area Business
Association located at 4804 Williamson Road stated over this past spring and summer
season and with the assistance of several County Departments, including Planning and
the Police Department, she has conducted several neighborhood walks that we have
just concluded. Part of the area that you are looking at right now is part of the area that
they did their walks on. There is a tremendous amount of foot traffic along Williamson
Road; not just in this area, but in the whole area. There is a huge need for sidewalks
along the entire Williamson Road corridor in the Roanoke County area. This would be
beyond beneficial, in particular the crosswalks that will be provided at the intersection of
Peters Creek and Williamson, which is quite a little snarl of an intersection at times.
This is a very, very valuable big bang for not as big a buck as some of your other
projects. This is a really important project and we do support and hope the Board
supports this project.
Supervisor Bedrosian stated he saw that Chief Hall was here and asked
when we looked at the maps, was it this area of Peters Creek Road. Chief Hall
responded in the affirmative. Supervisor Bedrosian then inquired if this would help
alleviate some of the problems. Chief Hall stated anything that can be done to facilitate
traffic in a safe manner is beneficial. He stated he was with Ms. Jones on one of the
walks and she was pushing a baby carriage down Williamson Road and frankly scared
him to death because there was no place along Williamson to do that.
Ms. Cronise added that the funds were available in large part due to a
pedestrian fatality in April of 2014; North Roanoke Assisted Living resident who was hit
at Greenway Drive trying to cross the street in the early morning hours.
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Supervisor Bedrosian stated he sees people walking up and down that
road and knows North Roanoke Assisted Living has done some things to make it more
visible; safety jackets, check-in and checkout, etc. however, at any moment, they could
get themselves in another accident. Ms. Cronise advised staff would be working with
North Roanoke Assisted Living to scope this project for a resolution for their residents
and the rest of the community.
Supervisor McNamara stated he intends to support this project
principally because we are getting 80% of the money funded from somewhere else. He
advised he thinks there is a lot of buzz about sidewalks and he does not want viewers,
people in his area or Roanoke County citizens as a whole to think we can put sidewalks
everywhere anytime somebody wants sidewalks. Sidewalks are expensive. In many
regards the decision to require sidewalks was a decision that was made 50 years ago
and he can use a similar type of argument for Garst Mill Road and he could use an
argument for Rt. 419. Colonial Avenue has sidewalks in the City and they are not real
sidewalks. He does caution that we can do the little projects, but he does not see how
we are going to have sidewalks as a standard in Roanoke County.
RESOLUTION 102516-3 REQUESTING THE COMMONWEALTH
TRANSPORTATION BOARD FUND A TRANSPORTATION
ALTERNATIVES SET-ASIDE PROJECT FOR WILLIAMSON
ROAD PEDESTRIAN IMPROVEMENTS IN ROANOKE COUNTY,
VIRGINIA
WHEREAS, in accordance with the Commonwealth Transportation Board
construction allocation procedures, it is necessary that a request by resolution be
received from the local government or state agency in order that the Virginia
Department of Transportation (“VDOT”) establish a Transportation Alternatives Set-
Aside project to be administered by Roanoke County.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Roanoke County Board of Supervisors requests that the
Commonwealth Transportation Board establish a project for Williamson Road
Pedestrian Improvements to provide safe pedestrian accommodations between Peters
Creek Road and Plantation Road.
2. That the Roanoke County Board of Supervisors hereby commits to
provide a minimum 20 percent matching contribution for this project and any additional
funds necessary to complete the project.
3. That the Roanoke County Board of Supervisors hereby agrees to enter
into a project administration agreement with VDOT and provide the necessary oversight
to ensure the project is developed in accordance with all state and federal requirements
for design, right of way acquisition, and construction of a federally funded transportation
project.
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4. That the Roanoke County Board of Supervisors will be responsible for
maintenance and operating costs of any facility constructed with Transportation
Alternatives Set-Aside funds unless other arrangements have been made with VDOT.
5. That if the Roanoke County Board of Supervisors subsequently elects to
cancel this project, the Roanoke County Board of Supervisors hereby agrees to
reimburse VDOT for the total amount of costs expended by VDOT through the date
VDOT is notified of such cancellation. The Roanoke County Board of Supervisors also
agrees to repay any funds previously reimbursed that are later deemed ineligible for
such use by the Federal Highway Administration.
6. That the Roanoke County Board of Supervisors hereby grants authority for
the County Administrator to execute project agreements for any approved
Transportation Alternatives Set-Aside projects for fiscal year 2018.
On motion of Supervisor Bedrosian to adopt the resolution, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of Valley Management Co., Inc. and Friendship Health
and Rehab Center South, Inc.: to rezone approximately 2.93 acres
from R-1, Low Density Residential, District, C-1, Low Intensity
Commercial, District, and C-1C, Low Intensity Commercial,
District with conditions to C-2, High Intensity Commercial,
District, remove proffered conditions, and obtain a special use
permit for a nursing home and life care facility; and to rezone
approximately 10.15 acres to amend a proffered condition and
amend special use permit conditions on property zoned C-2CS,
High Intensity Commercial, District with conditions and special
use permit. The amended conditions deal with conformance to
the concept plan and architectural renderings, and screening and
buffering requirements. The properties are located at or near
5647, 5665, and 5669 Starkey Road, Cave Spring Magisterial
District
Supervisor Assaid’s motion to approve first reading and set the second
reading and public hearing for November 22, 2016, was seconded by Supervisor
McNamara and approved by the following vote:
AYES: Supervisor Assaid, Bedrosian, Hooker, McNamara, Peters
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451
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance accepting and appropriating grant funds in the amount
of $342,741 from the National Highway Traffic Safety
Administration for a Roanoke Valley Driving Under the Influence
(DUI) task force (Howard B. Hall, Chief of Police)
Chief Hall outlined the request for ordinance. There was no discussion.
Supervisor Peter motion to approve first reading and set the second
reading for November 8, 2016, was seconded by Supervisor McNamara and approved
by the following vote:
AYES: Supervisor Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinance to accept the conveyance of three (3) parcels of
unimproved real estate for Lila Drive, Hollins Magisterial District
(David Holladay, Planning Administrator)
There were no changes from first reading. There was no discussion.
ORDINANCE 102516-4 TO ACCEPT THE CONVEYANCE OF
THREE (3) PARCELS OF UNIMPROVED REAL ESTATE FOR
LILA DRIVE TO THE BOARD OF SUPERVISORS, HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, as part of the acceptance of Lila Drive as part of a Roanoke County
Rural Addition project funded in partnership with the Virginia Department of
Transportation (VDOT), two (2) adjacent land owners desired to donate portions of their
property in fee simple to Roanoke for right-of-way purposes to improve the roadway and
construct a turn-around at the terminus of Lila Drive; and
WHEREAS, MIKEONE EK ROANOKE LLC and Raymond B. Huffman have
freely and voluntarily entered into deeds to the Board of Supervisors of the County of
Roanoke, Virginia, to thus allow the Board of Supervisors to obtain ownership of each
property for purposes of road construction upon approval of this ordinance and
recordation of deeds; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests to the County of Roanoke be
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accomplished by ordinance; the first reading of this ordinance was held on October 11,
2016, and the second reading and public hearing was held on October 25, 2016.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the donation from MIKEONE EK ROANOKE LLC of approximately
0.0087 acre of real estate for purposes of location and construction of Lila Drive as
shown on exhibit entitled “Exhibit A” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by MIKEONE EK ROANOKE LLCRoanoke County Tax
Map Parcel#27.06-05-12.00situated along Lila Drive, Hollins Magisterial District,
Roanoke County, Virginia dated December 10, 2015, is hereby authorized and
approved.
2. That the donation from Raymond B. Huffman of approximately 0.0267
acre of real estate for purposes of location and construction of Lila Drive, as shown on
exhibit entitled “Exhibit B” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by RAYMONDB.HUFFMANRoanoke County Tax Map
Parcel#27.07-01-2.00situated along Lila Drive, Hollins Magisterial District, Roanoke
County, Virginia dated December 10, 2015, is hereby authorized and approved.
3. That the donation from Raymond B. Huffman of approximately 0.0066
acre of real estate for purposes of location and construction of Lila Drive, as shown on
exhibit entitled “Exhibit B” showing right-of-way being conveyed to Board of
Supervisors, Roanoke County by RAYMONDB.HUFFMANRoanoke County Tax Map
Parcel#27.07-01-3.01situated along Lila Drive, Hollins Magisterial District, Roanoke
County, Virginia dated March 2, 2016, is hereby authorized and approved.
4. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the donation of this real
estate, all of which shall be approved as to form by the County Attorney.
On motion of Supervisor Bedrosian to adopt the ordinance, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 102516-5 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM K- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
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That the certain section of the agenda of the Board of Supervisors for October
25, 2016, designated as Item K - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 3 inclusive, as follows:
1. Approval of minutes – September 27, 2016
2. Request to accept and allocate funds in the amount of $23,385.12 to the
Clerk of the Circuit Court from the Commonwealth of Virginia for fiscal year
2016/2017
3. Confirmation of appointments to the Parks, Recreation and Tourism Advisory
Commission; South Peak Community Development Authority (CDA) (at large)
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, McNamara, Peters
NAYS: None
A-102516-5.a
A-102516-5.b
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Grace Terry introduced her sister and advised she was here today to
speak about surveying on Bent Mountain. First of all, she advised she knew there was
an agreement with the company (Mountain Valley) that if a landowner was on the scene
and there were survey crews entering the property they agreed they would leave and
the Board may think that is how things have been and that is all that occurred, but you
may not realize and she and her sister are here to tell the Board what it feels like on the
ground when you are in these situations. What has really happened a lot is that the
survey crews up there have absolutely turned the whole area into their militarized zone.
They drop surveyors off on the top of Poor Mountain on Honeysuckle Road. They go
through properties. They use particular properties where they have received permission
to survey before and they go repeatedly to those properties. There are no homes on
some of those steep properties; they are not residential places and surveyors go
through the woods and they cross other properties and we know this for a fact because
they show up on other properties down below on Bent Mountain. They have mapped
out the whole place; they have been surveying for two years up there and they know the
area. On October 10, 2016 on her family’s property. On her brother’s property, they
had sent notice letters, he returned certified letters saying those dates did not work for
him; there were four dates. He works fifty miles away; leaves the mountain at 5:00 am.
So, he said in his letter, “here is my phone number; call me and we will work something
out.” Instead of that happening, they showed up on the property the afternoon of
th
October the 10; it is the incident that was discussed in the meeting two weeks ago.
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They showed up; they do not go to your home. They do not drive up your driveway and
announce themselves. They park a line of vehicles on the road and her sister and her
husband were there. It was a holiday, there were a lot of people up on the mountain.
They said to the surveyors that it was their brother’s property. They continued to suit up
and got ready to enter. They called the police. They contacted her brother at work. He
said, “Actually my wife is not at work today, she had been at the doctor all morning.”
She was able to arrive on the scene to be the landowner. We had no idea that there
had been some sort of change in the policy. We had understood for the last two years
that if we were present and did not want them there (because we want to be there when
they survey) was the understanding and policy. They know now that the written policy
was a new policy and was dated three days after that and then it was announced to the
th
public on October 17. So, there we were in this very chaotic, very dangerous situation
with a school bus coming through, police cars arriving. The police officer took our
names; we identified ourselves, explained this was their brother’s property and this was
his wife so the landowner is present. Oh by the way, when they first started to enter the
property before the police were there, her sister and her husband said, “You cannot go
on the property, this is our brother’s and he did not want you here today; he cannot be
here.” They responded, “We don’t care.” So, when you come to this meeting you have
to identify yourself; there is a certain level of security expected here. She does not
understand why they are expected to live like this; to let these people who have
absolutely taken over that community with their behavior. They don’t look at you; they
wear mirrored sunglasses; it is the most degrading, demeaning thing. She has never
seen anything like it. Her father raised them as children when he encountered
trespasser on their property, and it happened all the time, he would tell them to go
ahead and finish their picnic, just don’t leave any trash. She never saw him be angry.
She never saw anything like that happen. This is a form of behavior that they don’t
understand and then we are in these situations where the police are there and they do
not have any experience with police and how that all works. She does not mean to
impugn the police officers in any way. We want them there, we want our safety
assured. We don’t know if they are carrying guns. We don’t know who they are. On
that day, they never shook her brother’s hand; they never shook our hands, but they
shook the hands of the surveyors. It was very confusing to us. They never asked them
to get the people out of the woods; she did overhear the officer ask the crew chief about
radioing them in and he responded, “Well, a lot of people think our crews have radios,
but they don’t.” (not sure if it was said intentionally for her to hear) Her brother could
hear on the speakerphone and he said, “There is no way that those people went that
deep into a property without being able to be contacted, that is unsafe for them.” They
went through the woods, cross a creek, up a ridge, over a very thick and steep area to
get to the orchard behind her brother’s house, where they dug holes and removed
artifacts from their property (she has them) and then they laid them all out on the back
of the truck when they finally came down (four hours later). Chairman Peters asked Ms.
Terry to conclude her remarks. She showed the Board and noted the property was
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designated on September 15, 2016, to be in a rural historic district by the Virginia Dept.
of Historic Resources; it is supposed to be surveyed by archeologists that you would
know their credentials. These people went to a flattened, old cabin and they dug things
up and we have no identifying information for what this is. If it was a legitimate
archeological survey, why wouldn’t they know? Why wouldn’t they knock on the door?
Why would it not be handled that way? She concluded by staying this is her story and
will wrap up, but stated she thinks the Board knows as well as they do what a problem
the surveying was. This is why she was hoping to be here today to make sure that it is
part of your legislative agenda and that we don’t feel like it is just the surveyors that say,
“we don’t care” and that our leadership is coming from somewhere to say they do care,
how can we help you in the Bent Mountain community; what can we do for you that
would really help you restore your security and your safety and your peace of mind.
Roberta Bondurant stated that she would do her best to make this quick and
would appreciate the opportunity to respond if the Board has any additional questions
that are resulting from any other speakers. She stated she lived on Bottom Creek Road
on Bent Mountain and is the Vice Chair of your pipeline advisory committee. She
advised she had two requests that the Board would take as much action as possible to
self-educate on the pipeline issue. We have established, the Pipeline Advisory
Committee, partly in response to the Board’s resolution. She stated she believed Mr.
Assaid has inherited this solution and will appreciate your work on this issue and to Mr.
Bedrosian, she did not entirely disagree with your reasons for not taking part in the
resolution and appreciate the opportunity to work further with him on these matters.
What we are asking, again, is that the Board follow through, not just on the work of the
Pipeline Advisory Committee, we are more than a filter. We are an information
gathering tool, but there are many other tools. There have been reports that have gone
into FERC that we would ask for the Board to pull up and digest, even if it is only the
executive summary. It would be three economic reports. There are environmental
reports that we can provide and the Kastning and Karst Report that can be found in
Roanoke County, which makes our watershed vulnerable. So we have economic and
we have water shed issues. The gure watershed starts on Bent Mountain; Bottom
Creek, Mill Creek to the Roanoke River, which is crossed by the pipeline and heads one
mile further to our Spring Hollow Reservoir. Our water becomes your water. We dread
in years future for the public to be looking back and saying, “What happened there?”
So, we ask you to act now. Part of the action that we have asked Roanoke County
counsel to ask for suspension of survey activity. Survey activity is only part of it, but it is
a significant, very significant front end part of it. Landowners are not relying on
governmental alone, but are making every effort themselves to stop the “devil” at the
door. This is the taking, a very real taking of information in an information age, in fast-
track permitting, whereas before in the survey process with a road or an intrastate
pipeline, you would get this data after the government approved the project. After there
was a vetting and an economic vetting? The question as to need was settled by a solid
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vetting process. Here the FERC process incestuous. Natural gas with the FERC
industry so that you do not have a bonafide vetting of infrastructure needs for natural
gas. She read two years ago in an industry rag that pipelines will save the industry.
There is a true question and we ask the Board to analysis that for yourselves and we
would be glad to talk to you further about it. The problem that we are asking about is to
sit down with County counsel and with us if you are so inclined. There are private
attorneys who are willing to join and engage with the County counsel, Commonwealth
Attorney in advising the Police Department that would be willing to ask for suspension of
survey activity until the Supreme Court can decide the issue. What that would mean is
approaching the Court, Supreme County, whatever other authority there may be to ask
for help for your citizens. That question on surveying and the propriety of surveying, the
propriety of a statute in which four to five clauses are topsy-turvy and County police
th
have flip-flopped in their policy; at least five times and twice in a day on October 10 on
what this policy means and how you interpret it. We may been seen a difference in
policy as of yesterday when a landowner complained; that absence of consistency is
creating chaos on the land and in the lives of your taxpayers, your landowners, your
citizens and your Police Officers. So, again, we would ask the Board to sit down and
ask that question and she would ask the Board to consider and have asked your
counsel to consider what good authority is there for an Assistant Chief of Police to tell
the public, at a Pipeline Advisory Committee meeting last week, that there is nothing
that can be done about the situation and the law and the imposition of the survey statute
on the public. “There is nothing we can do, Mrs. Bondurant.” She was told and
respectfully responded, “Chief, I believe there is something that you can do.” Certainly,
not nothing. We are asking you to try, you might fail, but we are asking you to try on
their behalf. This is what you are there for.
Tammy Belinsky stated she lived just over the County line in Copper Hill,
Virginia. She stated she was present on the Chandler’s property. Mrs. Chandler came
and spoke to the Board at the last meeting and she was present at the Terry’s on
th
October 10 as well. She is an attorney. She is a landowner. She owns more than a
postage stamp sized lot in the middle of Roanoke. She knows what property rights are
and she knows what they mean in her gut. She was present when Roberta Bondurant,
th
who is far more tactful that she is had a conversation with Ms. Kuhnel on October 10, a
long conversation. She was mostly listening to Ruth Ellen Kuhnel cuss out Burt on the
telephone. Let me tell you what happened. The County Attorney and the Police
conspired with MVP to violate these people’s property rights and that is what they did,
violation of Constitutional Law and she expects and hope that action will be taken on
that issue. They knew that Ms. Chandler had been sued and yet they negotiated with
MVP to allow the surveyors on their property without the authority removing them, even
though there was a court date pending. So, of course, allowing them on the property
made their litigation moot because they stole all the artifacts that they needed that day
th
on October 10. Now, that was from the Chandler’s property. Grace Terry at least was
present and was able to reclaim what she has if she knows that is all of it. This law, this
October 25, 2016
457
survey statute has not been adjudicated in the State of Virginia and yet the County
Attorney decided she knew what it meant and she knew what the law was. Similar laws
have just been struck down in the State of Ohio and the State of Pennsylvania as
unconstitutional. We ought to be waiting for the Supreme Court of Virginia to decide
before our representatives and our authorities and our police decide for themselves that
they can conspire to violate landowner’s constitutional rights.
IN RE: REPORTS
Supervisor Peters moved to receive and file the following reports. The
motion was seconded by Supervisor McNamara and carried by the following recorded
vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, McNamara, Peters
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of
September 30, 2016
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of September 30, 2016
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Bedrosian stated two weeks Ms. Chander spoke and the first
thing that he discussed in his time was that we may have a difference of opinion of
whether a pipe should go through someone’s property, but his opinion is that no one
should be forced to allow someone to come on their property. He is one hundred
percent in that camp. If your neighbor wants them to come, then they can make a deal
with the neighbor and you should be okay with that. If they want to strike up a deal with
your neighbor it is okay; they have their property rights too and they can do what they
want, but if you don’t want somebody on your property, you should never have to allow
somebody on the property. So, this is an interesting thing here and we discussed it last
time because we were discussing what the role of the police were. The police have a
role and maybe he needs some clarification here. Chief Hall has said that if there was a
call, we would go there. If they did not leave, which happened that last time, then it
seems like we allow them to stay on somebody’s property. He is assuming that is what
we do. If the police go to the property and they don’t leave, which they did not, did we
allow them. He then asked Ruth Ellen Kuhnel, County Attorney, if that is the policy.
There is no real policy. Ms. Kuhnel responded that one thing that he would need Chief
Hall’s help is there has been many different, factual scenarios happen up there so she
October 25, 2016
458
is not sure. She advised that she knows in the Terry situation, she believes the police
did come up, but unfortunately, she believes that there was a period of time before they
go up there and she does believe and her understanding of the facts because she was
not there is that they were scattered all over the property and she will let Chief Hall
speak to what happened at that point. The policy they are talking about is the core
policy that they keep using, which was a “gentlemen’s” agreement with MVP back in
June. Supervisor Bedrosian inquired if she is referring to the County with Ms. Kuhnel
responding in the affirmative. It was herself, Richard Caywood and various
representatives from Mountain Valley Pipeline. We had a respectful conversation. At
that point, MVP agreed that if the police showed up that they would leave. We were
then notified (she does not have her notes) that MVP would no longer honor that
agreement and would not leave if we asked them to leave because if they gave proper
notice, and they would produce evidence of that, then they would not leave. So, they
had changed their tactic; and it wasn’t Roanoke County that changed horses in mid-
stream. Supervisor Bedrosian stated so the law that they would then go to is based on
what. Ms. Kuhnel responded there is a statute that (she was not prepared to talk about
this) allows surveying activity on a landowner’s property with certain due process
components to it; notice, certified mail, ask permission first, but if that permission is not
obtained and the notice is deemed proper, then they can go onto the property and it is
no longer a trespass. It is an affirmative defense if you will for trespass, which is the
nature of the statute. Supervisor Bedrosian then ask if it was a State statute with Ms.
Kuhnel responding it is a General Assembly statute and there were two bills last year
asking to repeal, but they did not go anywhere. Senator John Edwards did take one of
the bills. Someone representing the Augusta County, Dominion Pipeline that is
happening at the same time.
Ms. Bondurant tried to respond, with Supervisor Peters advising she was
out of order.
Supervisor Bedrosian apologized to homeowners who have had people on
their property, without wanting them on. This is the most basic right of any citizen is to
have their property and be able to live the way they want and not have anyone trespass.
We can disagree that there should be a gas pipeline going through it, there are a lot of
different opinions, but he thinks the one thing that he would definitely agree on is you
should not be violated like that, no one should come on your property if you don’t want
them to.
Ms. Bondurant attempted to respond with Supervisor Peters having to
repeatedly advise she was out of order.
Supervisor Bedrosian stated the last thing he wanted to talk about and
always does is the United Way. He knows we are doing the campaign launch for United
Way and has had many people and wants to make sure that over the last year leading
up to this, maybe it’s the group of people he hangs around with. He also knows a lot of
employees in Roanoke County. He just wants to make sure that we are not using
government, let him put it this way, he knows we help launch United Way campaigns
October 25, 2016
459
and he has always objected to that, but then people tell me they have to go to meetings,
sign documents that say they are not going to give money to United Way and he kind of
senses that is a subtle intimidation to go along with the program. He works for Xerox
Corporation, where they used to do that too. They would bring these documents you
would have to sign and a rah, rah session and wanted to get 100% of everybody,
however, that is a private organization. A private organization can do what they want,
but when we start using taxpayer dollars to help private companies, United Way is a
private organization, with a CEO, President who makes $150,000 to $200,000. This is
not our role to get involved in something like that. He has always disagreed with this
Board advising we should not get involved, but when he hears people say, “we have to
go to ten meetings, we are told we have to be there, we are told that we have to put a
zero and sign our name on it and it does not feel good.” He just wants to ask that we
should not be doing that to employees in Roanoke County. If we are going to keep with
this rule that we are going to help them, employees on their own should attend or not
attend, there should never be cohersion to make employees come to these meetings
and give money.
Supervisor Hooker stated she just has a couple of quick comments. The
first thing that she wants to say is thank you to the police for this morning in light of our
morning in situations that they were assisting Roanoke City in keeping our community
safe and want to shout out to them and say thank you. The second thing is that today is
the last day of the first nine weeks in our school system and just a quick reminder that
our school years go by quickly and to remind students to make good decisions to use
their time wisely and that it goes quickly.
Supervisor McNamara stated he was not originally going to talk about the
pipeline today, but he will since we have had some conversations on the pipeline. First
off, he thinks the characterization certainly from the final speaker was not fair, not fair to
our employees, not fair to our County Attorney, not fair to our Police Department, not
fair to our Assistant County Administrator. There are a lot of people in Roanoke. First
of all, we do not create the law that allows someone to cross your land. He thinks every
single person on this Board, four out of five, passed a resolution, several resolutions
against the activities and have spoken against the activities of the pipeline and that
does not translate to us creating our own law or our Police Department creating our own
law. Our Police Department has to enforce the law as they understand the law to exist,
not enforce the law how they wish the law to read. So, he does not think it is fair to say
our Police Department isn’t doing anything and we should be forcing people off land.
The Police Department would be breaking the laws at that point. So, he is very
sympathetic to the plight and he is not sympathetic to supporting a tax on our people.
He knows the Assistant County Administrator has probably spent 25% of his County
time over the last six to eight months trying to work with the pipeline people, with the
neighbors, trying to keep people informed, trying to understand the process, trying to
assist. Our County Attorney has used her expertise and wisdom in trying to avoid that
situation, trying to advise Police Departments; she has worked with the County
October 25, 2016
460
Prosecutor on what his interpretation of the law might be. So, he thinks there is a
number of things we are going in trying to be supportive. Now, what you want us to do
is something that we cannot do and that is what a court does. There are at least two
lawyers that spoke today and one is married to another lawyer. File an injunction, get it
approved by a court, get it upheld by the Circuit Court and take it to the Supreme Court
and if there is something that says that it is trespassing, our officers will arrest them, but
until that point, he thinks to put our officers in trying to interpret the law, which he
mentioned two weeks ago is not fair. That does not minimize what is going on; he is not
trying to minimize it, but he is also not comfortable with folks that have been working
very, very hard on your behalf being slighted. He added that he believes if we are not
doing anything right, we will be happy to stop working on your behalf. We will be happy
to stop paying an outside attorney that he believes we have on retainer working on your
behalf and we will treat it like every other jurisdiction around here is treating it. There is
no other jurisdiction that has gotten more involved in trying to support their constituents
than Roanoke County has, in his opinion. So, while he is sympathetic he would also
like to thank the County Attorney, Assistant County Administrator in particular and our
Police Department because they are put in a very difficult position.
Supervisor Peters stated he has a couple of comments and is going to
piggyback on what Mr. McNamara just said. Since December of 2014 when we had
MVP in front of the Board, telling them not to trespass on people’s land without the
proper notices and informing us of what is going on has been an ongoing problem. He
thinks that the Board has recognized and echo what Mr. McNamara said to commend
our staff on everything they are doing. He personally gets updates from FERC and
some of that stuff is “Greek” to him. He tries to understand it as best he can, but he
knows Ms. Kuhnel has probably spent fifty to sixty percent of her time dealing with this
and so has Richard Caywood. He does not envy them at all and commends them for
what they are doing. He does think the comments were out of line earlier. He does not
want to touch on an event he was part of this past week. Mr. Bedrosian talks about
United Way, but he does want to say one thing. He was part of a group the other day
that are helping to work with homelessness in our valley. As Ms. Hooker talks about
schools finishing up the first nine weeks, it is alarming to see the number of kids that are
in our school system that do not know where they are going to sleep tonight. So, he
does commend the work of the United Way and many organizations that are working in
conjunction to provide the resources to expand the program so those children are taken
care of because we want them to be successful in their lives and part of that is having
some stability at home. He does want to recognize our financial staff: Chris Bever and
Rebecca Owens. He does not know that last week in the paper, which is where he first
saw it on Roanoke.com, we did get a bond rating increase from Moody that shows
some strong stability from our Board and also from our staffing as we are looking at
budgeting and our debt has come down he believes about $25 million in the last couple
of years. It is great teamwork, again he commends our entire financial staff who keep
us in order and lets us know when the right time to refinance and save the County tax
October 25, 2016
461
payer’s as much as we can. This morning was a classic example of organizations
coming together. Everybody, by this point, has heard about the tragedy at Freight Car
America. Again, Roanoke City police, Roanoke County and State Police as well as
many other jurisdictions who came together to secure the area. It was a tragedy, but
again in public safety he knows there are a lot of times in the news where they are not
talked about in the best of terms, but we forget on a day-to-day basis that our police
officers, especially, are keeping our communities very safe and we are very fortunate in
Roanoke County to have a great Police Department. There will be a State of the
County address on November 3, 2016 at Green Ridge Recreation Center and as he
finishes most of his meetings, he thanked all employees for everything they do because
without them this Board would not have much to talk about.
Chairman Peters then recessed until 4:30 p.m. for work session at 4:13
p.m. so the room could be set up for work session.
IN RE: WORK SESSIONS
1. Work session to review with the Board of Supervisors County of
Roanoke Fire Department staffing issues (Stephen G. Simon,
Chief of Fire and Rescue; Travis Griffith, Deputy Chief;
Christopher Bever, Director of Management and Budget)
In attendance for this work session were: Chief Simon, Deputy Chief
Griffith, Chris Bever, Director of Management and Budget and County Administrator,
Thomas C. Gates. Audio for this session is kept on file in the Clerk’s Office.
Mr. Gates gave a brief overview and turned the meeting over to Chris
Bever and Steve Simon.
Chief Simon provided a PowerPoint presentation to the Board.
Supervisor Bedrosian commented that he did not want to have to increase
staff because they were being used at other localities.
Chairman Peters commented we should add 15 versus 11
firefighters/paramedics advising that overtime should be eliminated. Chief Simon
explained the he felt we would always have overtime. Supervisor Peters stated this is
concerning to him because it does not make sense that we will not save overtime and
stress.
Mr. Gates commented they were confident about the overtime as they had
predicted the 2015-2016 number correctly.
Chairman Peters remarked he received a lot of calls from citizens
regarding ambulances at nursing homes. Chief Simon responded they meet with the
nursing homes; but are other areas such as assisted living, etc.
The work session was held from 4:27 p.m. until 6:05 p.m.
462 October 25, 2016
IN RE: ADJOURNMENT
Chairman Peters adjourned the meeting at 6:06 p.m.
Submitted by: Approved by:
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Deborah C. a r P. Jason 'eters
Chief Deputy C erk to the Board Chairman