10/23/2018 - Regular
October 23, 2018
391
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 2018. 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 Hooker called the meeting to order at 3:00 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Martha B. Hooker, Supervisors George G. Assaid,
Joseph P. McNamara, Phil C. North and P. Jason Peters
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: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Gates requested the addition of an item to the Consent Agenda, K-5
Request to accept and allocate grant funds in the amount of $19,533 to the Sheriff’s
Office from the U.S. Department of Justice for the Edward Byrne Memorial Justice
Assistance Grant Program. There were no objections.
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Ms. Kuhnel requested the postponement of K-2 Request acceptance of a
donated canine valued at approximately $6,000 for use by the Police Department’s K-9
Unit due to the need for more information. There were no objections.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution recognizing and celebrating Medeco during its 50th
Anniversary (Jill Loope, Director of Economic Development)
Joe Kingma, General Manager, was in attendance to accept the
resolution.
RESOLUTION 102318-1 RECOGNIZING AND CELEBRATING
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MEDECO DURING ITS 50 ANNIVERSARY
WHEREAS, in the 1950s Roy Spain, an engineer in rural Roanoke County,
Virginia, invented a lock with a key that had unique angled cuts, making it extremely
difficult to pick open; and
WHEREAS, in 1968, Spain and his partners applied for a utility patent and
named their new lock company “Medeco”; and
WHEREAS, in 1974 Medeco built its current manufacturing and office facility on
30 acres in Glenvar, Roanoke County, Virginia; and
WHEREAS, in 1982 Medeco’s manufacturing facility was expanded to its current
footprint of 132,000 square feet; and
WHEREAS, Medeco has continued to lead the market with development of
sophisticated intelligent key platforms; and
WHEREAS, today Medeco boasts over 260 employees, worldwide distribution in
over 22 countries and is now a part of the ASSA ABLOY group, the largest lock group in
the world, with more than 47,500 employees, operations in more than 70 countries and
sales of $8.5 billion.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
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County, Virginia, that it recognizes and congratulates Medeco during its 50
anniversary.
FURTHER, the Board expresses its appreciation to Medeco for its history as a
leading employer in the community.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
North and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
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2. Proclamation recognizing November 2018 as National Adoption Month
and November 17, 2018, as National Adoption Day in the County of
Roanoke (Ben Jones, Family Services Supervisor)
Mr. Jones gave a brief overview. Proclamation was read by the Clerk and
presented by Chairman Hooker.
Chairman Hooker commented she is honored to be on the DSS Board; it
is well run and is changing lives. She noted that she appreciated the work that
Department of Social Services does.
IN RE: NEW BUSINESS
1. Resolution supporting improvements to Interstate 81 (Phil C.
North, Supervisor, Hollins Magisterial District)
Mr. North outlined the request for the resolution. There was no discussion.
RESOLUTION 102318-2 SUPPORTING IMPROVEMENTS TO
INTERSTATE 81
WHEREAS, the 2018 Virginia General Assembly directed the Commonwealth
Transportation Board to develop and adopt an Interstate 81 Corridor Improvement Plan
and evaluate financing options for Interstate 81 corridor improvements; and
WHEREAS, data from the Virginia Department of Transportation shows that
Interstate 81 has the highest proportion of incident delay compared to all other Virginia
interstates, and the loss of one lane leads to a 65 percent reduction in highway
capacity; and
WHEREAS, Interstate 81 is critical to the economic vitality of Western Virginia,
carrying $312 billion in goods each year; and
WHEREAS, the Roanoke Valley Transportation Planning Organization (RVTPO)
recently approved a “Regional Study on Transportation Project Prioritization for
Economic Development and Growth,” which stated that completion of widening and
improving I-81, between the Roanoke and New River Valleys (Exit 150 to Exit 118), was
a priority for the local governments in the RVTPO service area.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that following the
completion of the I-81 Corridor Improvement Plan and its approval by the
Commonwealth Transportation Board, Roanoke County urges the General Assembly to
consider solutions to support improvements to Interstate 81 through designated funding,
which would specifically benefit the I-81 Corridor region.
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On motion of Supervisor Assaid to adopt the resolution, seconded by Supervisor
Hooker and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
2. Resolution supporting the Regional Study on Transportation
Project Prioritization for Economic Development and Growth (TED
Study) (Richard Caywood, Assistant County Administrator)
Mr. Caywood outlined the request for resolution. There was no
discussion.
RESOLUTION 102318-3 SUPPORTING THE REGIONAL STUDY
ON TRANSPORTATION PROJECT PRIORITIZATION FOR
ECONOMIC DEVELOPMENT AND GROWTH (TED STUDY)
WHEREAS, on April 26, 2018, the Roanoke Valley Transportation Planning
Organization approved the Regional Study on Transportation Project Prioritization for
Economic Growth (TED Study); and
WHEREAS, in April 2017, the RVTPO directed Regional Commission staff to hire
a consultant to develop a regional study on transportation project priorities to advance
regional economic development goals. Staff was also directed to form a steering
committee to guide the study’s development. The steering committee consisted of local
business leaders as well as local transportation officials; and
WHEREAS, The TED Study identified four (4) overarching transportation
objectives:
i. Improve Connectivity between the Roanoke Valley and the New
River Valley
ii. Improve Connectivity between the Roanoke Valley and the
Lynchburg area
iii. Improve Connectivity from Botetourt and Franklin Counties to the
central Roanoke Valley localities
iv. Improve Mobility within Urban Developments Areas (UDAs) and
Designated Growth Areas (DGAs); and
WHEREAS, Interstate 81 is critical to the economic vitality of Western Virginia,
carrying $312 billion in goods each year; and
WHEREAS, within Roanoke County, several specific projects have been
identified including:
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1) Widening I-81 from four (4) to six (6) lanes between Exits 140 and
141
2) Widening I-81 from four (4) to six (6) lanes between Exits 137 and
140
3) Construct a diverging diamond interchange at Route 419 / 220
4) Reconstruct the I-581 / Peters Creek Rd. Interchange
5) Complete the Roanoke River Greenway, followed by the Phase II
Greenways, including several projects within Roanoke County
WHEREAS, the TED Study also includes a number of projects not located within
Roanoke County that are of particular interest to the County including:
1) Widening I-81 Southbound from two (2) to three (3) lanes between
Exit 150 and the Truck Weigh Station
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2) Reconstruct US 460 between 11 Street NE and Gus Nicks Blvd
3) Completion of the Smart Road and the creation of a new
interchange on I-81 to decrease travel time between the Roanoke
Valley and the New River Valley
NOW, THEREFORE, BE IT RESOLVED, approval of this resolution would affirm
Roanoke County's support for the TED Study and project priorities identified within this
study.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Assaid and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of Richard Atkinson and Kay Atkinson to rezone
approximately 6.398 acres from R-1, Low Density Residential,
District and AR, Agricultural/Residential, District to AV,
Agricultural/Village Center, District and to obtain a special use
permit for a construction yard, located at 4821 and 4835 Poor
Mountain Road, Catawba Magisterial District
Supervisor Hooker’s motion to approve the first reading and set the public
hearing and second reading for November 20, 2018, was seconded by Supervisor
McNamara and approved by the following vote:
AYES: Supervisor Assaid, North, McNamara, Peters, Hooker
NAYS: None
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IN RE: FIRST READING OF ORDINANCES
1. Ordinance approving an amendment to the lease of the Bent
Mountain Community Center to expand the leased premises to
the entirety of the building and gain the flexibility to sub-lease the
expanded premises (Rob Light, Director of General Services)
Mr. Light outlined the request for ordinance. Supervisor Assaid asked if
the school portion was in good shape. Mr. Light responded there was a list prepared of
what would be needed in order to occupy. These were minor; building was already
designated education. Supervisor Assaid then stated they are going to put money into
that facility, but we do not know what the future holds, with Mr. Light responding in the
affirmative. They are going to invest money into the facility, which sparked the 180 day
notice. Supervisor Assaid then asked about the facility assessment study that has yet
to be completed, which will help dictate those future projects and this building may not
be on the list. Are we handcuffing ourselves in the future if we don’t see a need to
make improvements to that facility?
Supervisor McNamara’s motion to approve the first reading and set the
second reading for November 7, 2018, was seconded by Supervisor North and
approved by the following vote:
AYES: Supervisor North, McNamara, Peters, Hooker
NAYS: Supervisor Assaid
2. Ordinance authorizing the acquisition by the Board of
Supervisors of Roanoke County of a new private water line
easement on property owned by William Byrd, LLC, (located at
100 Highland Road; Tax Map No. 060.11-04-20.00), Vinton
Magisterial District (Jill Loope, Director of Economic
Development)
Ms. Loope outlined the request for ordinance. There was no discussion.
Supervisor Peters’ motion to approve the first reading and set the public
hearing and second reading for November 7, 2018, was seconded by Supervisor
McNamara and approved by the following vote:
AYES: Supervisor Assaid, North, McNamara, Peters, Hooker
NAYS: None
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IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance authorizing and approving a lease agreement between
Roanoke County and CellCo Partnership d/b/a Verizon Wireless
for a communications facility at 7415 Wood Haven Road (Richard
L. Caywood, Assistant County Administrator; Mary Beth Nash,
Senior Assistant County Attorney)
Mr. Caywood indicated there were no changes since the first reading.
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this item.
2. The petition of Horace Obenchain to rezone approximately 82.05
acres from R-1, Low Density Residential, District to AG-3,
Agricultural/Rural Preserve, District, located at 4191, 4185, and
4165 Barley Drive, Catawba Magisterial District (POSTPONED AT
THE REQUEST OF THE PLANNING COMMISSION)
IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION
1. Resolution requesting the Virginia Department of Transportation
restrict through tractor truck and trailer or semi-trailer
combinations on Route 628 (Green Ridge Road and Wood Haven
Road) and Route 626 (Thirlane Road) in Roanoke County (David
Holladay, Planning Administrator)
Mr. Holladay outlined the request.
Chairman Hooker opened and closed the public hearing with the following
citizens speaking:
Tammy Leah St. Clair of 7862 Wood Haven Road stated she lives directly
across the street from the Industrial Park that will be going in. Her questions for today
are what does this do for me, because as of right now the plan design does practically
nothing. Why does this not end? Why does the restriction end at Sequoia and not past
the curve where the proposed entrance is supposed to be? Why does it leave the entire
frontage of the property that is now owned by the County open so that the entrance can
now change to any point that is needed? She lives directly across the street; opens her
front door to this property. You have left the entire section on this map open for her to
have the entrance across the street from her house.
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Why is it not restricted and why can’t we move this restriction down past the curve to the
proposed entrance where it should be. Then, what is going to happen when the trucks
do come up Valley Point Blvd. and they take the left and go down to Sequoia. Where
are they going to turn around? What is the plan there? We are going to have backed
up traffic. People that are not from here are going to be trying to turn around there, and
GPS will be taking tractor trailers down this route because they are not going to have it
as restricted. What is going to happen in front of her house because this does nothing
for her?
Nancy Hughes of 7917 Sequoia Drive stated she was glad to see there
were going to be some restrictions down on Wood Haven and wants to say thank you
for that. She does have concerns; she knows that the police will be enforcing those
violating going through, but wants to be assured and to know that we have high school
students that run on that road routinely for track and hopes that we will take the trucks
into consideration. With regard to the weight limits, will there be any weight limit
restrictions on these trucks that are allowed? She has spoken to a friend who lives off
Windy Gap, which is street 116 in Roanoke County, and they have tremendous
problems with enforcing the rules on that road. That is concerning. We can have these
restrictions, but if they are not enforced, they are of no value. We do have students that
are on this road routinely running up and down and she would like to think that is a
concern. There are some things as Tammy Leah brought up. Sequoia is a mountain
and we are a cul-de-sac. She does not know if they can make the grade without a turn
around so that is another consideration as well.
Jerry Nolan of 8425 Reedland Road stated his questions are also
regarding the weight restrictions and enforcement. I lived on Willowcreek, right off of
Wood Haven since 1995. Even though Roanoke County police officers do a great job,
they are short on officers just like everybody else. Roanoke County is short on a lot of
things that they are trying to fix, but you know how slow fixes are. We have been
dealing with this for a long time and have spoken with the Board before and has a lot of
concerns about how we are going to enforce. He truly believes that it is not going to be
enforced enough and you will be getting a lot of complaints and phone calls; a lot of
upset people, and he will be one of them because his kids are out there all the time and
they are running. He needs to make sure they are protected. If none of you live around
Wood Haven or Green Ridge, you will not understand. It is hard to see what we see
because you are not there. That is his job to make the Board aware of things. So, he
would appreciate if the Board would do a lot more things differently or more thoroughly
to make everybody happy. So, it is up to the Board to keep them happy. Please do
your due diligence to make sure that happens and if not, he will guarantee, as he is
close to retirement, he will be a thorn, not physically, but phone, letters, etc. or whatever
he has to do because he wants his people protected and his neighbors protected. We
are supposed to protect each other.
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Rick James of 5171 Burnt Quarter Drive stated he had previously supplied
the Board with some written comments that he would ask for the Board to carefully
consider. In taking a look at your agenda item, it looks like the intent is to restrict
tractor-trailer and semi-truck combinations on these routes albeit in the agenda packet
and the mailing he received that is not the case. He works with Adams Construction
Company and has done so for almost 20 years. We have an operation for our shop and
asphalt plant located at 7315 Wood Haven. Obviously, we are in the paving business
and we have done a considerable amount of work in that area this past year between
the dates of May 24 to August 13, 2018, as they were working the North Lakes
subdivision and we are also aware that Boxley Materials was working in that area
between June 14 and July 20, 2018, as well as September 19 through September 28,
2018. The reason that he brings that up is that in his 20 years with Adams Construction
Company, he is not aware of any type of work of that magnitude in that area. So the
truck traffic clearly this year has been increased. The other part is that from the prior
speakers, it looks like they are concerned too about the development of the WRIFA
property, which would generate potentially semi-tractor trailer traffic. In his letter, he
has offered a suggestion that you might want to consider, which is a length restriction,
and that length restriction would limit the semi-tractor trailers on that route, would
address the concerns while at the same time afford us with the opportunity to bypass
bottlenecks on I-81, when they would occur with our dump truck traffic, not our tractor
trailer traffic. We understand that would have to go down through Valley Point. We
have no objections to the restrictions on Thirlane. We believe that to be appropriate.
Also, he believes Section 4, from Scarlet Oak down to Peters Creek Road; we made a
verbal commitment to the neighbors a number of years ago not to use that and we have
posted our own sign both our trucks and the hire trucks that work for us have been
made aware of that. We have honored that commitment and have no objection to that
as well. He would ask the Board to carefully consider the impact on our business as
when you think about what you might do for the community.
Supervisor Peters inquired about the number of accidents we have had on
Wood Haven regarding trucks. Mr. Holladay stated none that he is aware of in the last
5 years.
Supervisor Hooker stated there seems to be some disparity between the
agenda item and the packet that we got in some of the descriptions. Did you note that?
Mr. Holladay stated he heard it, but did not note any differences. All the language was
how we had written it for Newport Road and Carson Road and some of our other
actions in the recent past.
Supervisor North stated that folks seem to have questions and comments
that he does not think got answered. Mr. Holladay can you recognize some of the
questions Ms. St.Clair had? Mr. Holladay responded that the intent of the terminus of
the restricted areas was to route the trucks to the Wood Haven site, but cover the entire
frontage as opportunities that could arrive for deliveries to the property.
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Another logical place to turn around at the end of that property would be an intersection
and that is how it was presented. Supervisor North stated during Mr. Holladay’s
comments he had stated it is going to take 9 months for VDOT to consider any action
with Mr. Holladay responding in the affirmative.
Supervisor McNamara asked if on residential streets, purely residential
(Canterbury Park for example) are tractor trailers prohibited on those streets by some
other requirement within the County or are these restrictions somewhat limited. Mr.
Holladay stated he feels they are somewhat limited, but generally they don’t use those
routes because they are not good through routes to their destination, but that is not to
say that GPS would not send somebody through the wrong way. It does happen.
Supervisor McNamara then asked how many of these restrictions do we have in
Roanoke County. Mr. Holladay stated off the top of his head, Newport Road is the most
recent, which was in conjunction with Montgomery County; Carson Road in conjunction
with Roanoke City; Jae Valley Road; Clearbrook Lane, which was associated with
WalMart and that is the other stem going to Walmart from Clearbrok Village Land and
Crowell Gap, which was in conjunction with Franklin County. Supervisor McNamara
inquired if all except for Walmart restrictions based on the nature of the road. Mr.
Holladay stated it has to do with the nature of the road and residential nature of the
neighborhood. If the governing body requests it, there are four criteria and has a lot to
do with the residential nature of the road.
Supervisor Peters inquired as to the main source of the truck traffic now?
Mr. Hollday stated we have heard at the public meetings and what he has heard from
the Planning Commission and Board, there were concerns over the existing dump truck
traffic from the asphalt plant. Supervisor Peters asked if the County has tried to work
with the construction company to route those to other places. For example, on Scarlett
Lane, they choose not to go that way. Have we reached out to them to try to resolve?
Mr. Holiday advised not beyond the existing self-imposed that Mr. James mentioned.
Supervisor North asked if there were other alternate routes other than
what was described in the resolution, i.e. I81. In other words are we just pushing this
down the road to someplace else that we will need to address later on (Cove Road)?
Mr. Holladay advised that is possible and they could go down Rt. 419 and out to Peters
Creek Road. He is not sure if Cove road would be a better alternative than the
interstate as far and length and interruption of travel.
Supervisor Peters stated he concern is what the lady said earlier; we had
another tractor trailer wreck this morning. So, what is going to happen at Sequoia when
the truck does come? What are they going to do? It is the same problem he is having
in Mt. Pleasant. Right now they are heading to Rt. 116, they ignore the sign for
whatever reason and then they get there, so what are they going to do. He sees the
same problem with this and his personal opinion is that he cannot support as written, as
more due diligence needs to be done to make sure you don’t have a log jam when
someone is coming down through there and they have no where to go.
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It may be different once the WRIFA property is developed and there is a way to go in
there and turn around, but as it is presented today, he sees the exact same problem he
has with Mt. Pleasant on Rt. 116. He deals with that on a regular basis. We had tractor
trailer accident at the last Board meeting and he was welcomed with one before he
came to this Board meeting. He thinks as we are looking a truck restrictions, he
supported the one on Carson Road, which is in his district as well. We need to make
sure we are doing this the right way to give these truckers a way to turn around. He is
also concerned about the enforcement. As he sees on Rt. 116, he does not want to see
the same thing take place here.
Supervisor Hooker’s moved to postpone until November 7, 2018, and to
continue the public hearing. County Attorney Ruth Ellen Kuhnel reminded Chairman
Hooker that the public hearing had been closed. Supervisor Hooker’s motion to
postpone until November 7, 2018 was seconded by Supervisor North and approved by
the following vote:
AYES: Supervisor North, McNamara, Peters, Hooker
NAYS: Supervisor Assaid
Supervisor Peters stated that if we made changes would that open the
public hearing back up. Ms. Kuhnel responded that it depends on how functional those
changes are going to be. She is not sure and would like to confer with Mr. Holladay
between now and then, and if we feel like there are substantial changes, we would need
to readvertise for a public hearing, which we don’t have enough time for. If you would
postpone until November 7, 2019 or November 20, 2019, depending on what Mr.
Holladay comes back with.
IN RE: CONSENT AGENDA
RESOLUTION 102318-5 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:
That the certain section of the agenda of the Board of Supervisors for October
23, 2018, 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 4 inclusive, as follows:
1. Approval of minutes: August 28, 2018; September 11, 2018
2. Request acceptance of a donated canine valued at approximately $6,000 for
use by the Police Department’s K-9 Unit
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3. Request to accept and allocate funds in the amount of $735.36 to the Clerk of
the Circuit Court from the Commonwealth of Virginia for postage
4. Designation of voting delegate to the Virginia Association of Counties (VACo)
Conference to be held November 11-13, 2018
5. Request to accept and allocate grant funds in the amount of $19,533 to the
Sheriff’s Office from the U.S. Department of Justice for the Edward Byrne
Memorial Justice Assistance Grant Program
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
North and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
A-102318-5.a
A-102318-5.b
A-102318-5.c
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Jerry Causey of 3418 South Park Circle stated he has owned this property
since 1999 and the floods in May and October have both and individually done more
damage to his home than the flood of 1985; as documented by flood lines within his
walls as well as the Channel 7 documentary on the flood of 1985, which started with a
picture of his home. In taking pictures during these two recent floods, the water levels
was 3 to 4 steps higher on his front steps than it was in the flood of 1985. He fully
believes that the development of the property on Garst Mill that borders Mudlick Creek
is forcing that water onto his property and flooding our homes. When we moved there
in 1999, it was a horse farm and the horses had to be moved because it was flooding all
the time and it was rotting their feed so that is where the majority of that water went
when there were the big rains. Now, because this developer is being allowed to raise
that property, it has nowhere else to go, but onto our homes. So, twice in the last four
months, him home has been flooded. He was three days away from moving into his
home when Michael came through and flooded it again, even to a higher level than it did
on Memorial Day weekend. He also has property that is bordering Garst Mill Road, just
one plot over from this developer. Should I choose to build that property would this
body allow him the same opportunity to raise his land, flooding even more of his
neighbors? He does not think so. He does not think this was looked at properly when
this Board allowed the raising of that property. He would be willing as has another of
his neighbors mentioned that they would be willing to sell our property on the other side
of Mudlick Creek; on Garst Mill Road to the County so they can excavate that giving
Mudlick Creek a place to pool so that it does not flood our neighborhood.
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Roger Sheets of 2656 Willowlawn Street stated he has been there for 39
years. He was there in 1985 and obviously he was there this year. He is here to talk
about flood control; he considers himself an expert on Mudlick Creek because he has
watched it, watched where it does and what it does and as the gentleman preceded him
hit a home run. He does not have a lot of questions; just knows there is a lot of
concern. One of the questions that some of us have is how did the contractor get a
permit to put a dump site in a flood plain. The other questions, if you really want to
know, in 1985, 8 residents along Willowlawn created Mudlick Corporation and we were
going to buy the property from Flora. On the day we were supposed to close on that
property was the day of the great flood of 1985, so we had two people who were in that
group who said there is not any sense in buying the property. We backed out of the
deal because it could not be developed. So, unfortunately, and he is the only person
left standing, we backed out of the deal where were would have bought the 3 ½ acres.
A couple of other questions: How do you get permission for a dump site in a flood
plain? We were told in 1985 that if you did that you would have to raise the level of the
property by 8 feet. Another question is with everything really big with Greenways in
Roanoke County, there is supposed to be an easement in front of the property for the
Greenway to run down through there. He has not seen anything about waiving it or
anything else about that. The fact is that he has a plot of the construction that he
submitted to the Board that is really interesting. (Mr. Sheets showed several
photographs.) A dump site, is where he is putting all the material. He also has some
photographs that shows the dump site. This is what it looked like during the last flood.
Julie Ritchie of 3439 South Park Circle stated she has enjoyed her home
and neighborhood for 14 years. She happens to live in a 100 year flood plan, meaning
there is a 1% chance of flood within 100 years. She has had two in five months. So,
statistically, she does not know how that calculates, but it is pretty amazing. It is really
hard experiencing a flood and all the damage that occurs to your home. It is hard to
carry your grandchildren’s toys to the curb to be picked up and put in a landfill. It was
really the hardest thing for her to carry her three-year old granddaughter’s princess
castle to the curb to be picked up and discarded. So, today, she is here asking for
herself and her neighbors for help. Please help us. We are working and retired people
on our street and in our neighborhood. We pay taxes. Please help us. Please stop
letting the flood plain be filled in. Please have the flood plain restored along the creek
and please improve the stormwater drainage in our neighborhood. These two floods
have been very difficult and she is sure most of the Board is aware of the flooding that
has happened. You probably have seen at least a few of us on the major news
networks over the past few months.
Marie Lovell of 3429 South Park Circle stated she has lived here for 32
years. She knows the Board knows about the creek. She doesn’t know if they know
about the drainage on South Park; just for a normal rain storm. She has pictures from a
June rain that last about 20-30 minutes that the culvert that runs to the creek, the storm
drain that runs under Mr. Northrup’s house as the end of the cul-de-sac that feeds into
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the creek, (We think it is too small and probably needs to have work done). Also, the
sewage drains that run under the street and all of the drains from up on Willow Lawn
and some of the other streets feed into our sewage system on South Park. She would
love to give you the pictures. She provided pictures to the Board. At the very least, she
would like to request that an engineer take a look at the culvert, the storm drain and the
sewage drains that run down South Park. She does not know what can be done. She
does not know if there is any money for it, but it would help tremendously just in a
normal train storm. Thanked Mr. McNamara for his help back in May in getting all the
debris picked up. In closed, she asked that all the residents in South Park and South
Woods to stand up so they could be seen. Please have some compassion and
consideration. She knows they are not the only ones, but they would certainly like for
the Board to have a visit during the rain and see what is happening.
Chris Kocher of 3438 South Park Circle provided documentation to the
Board. First, they know the development behind our houses across the creek is not the
sole problem of this, but it has made a major impact on our properties. They are
requesting a copy of the Environmental Impact Study that was done prior to issuing the
permits to Barons Enterprises for the development of this property as well as copies of
the flood plain maps prior to the development. She has provided the Board with a
packet of pictures. The very first picture shows are van and you can see where the
water used to start flooding our property. It is now cut off so that the water can no
longer go onto Mr. Baron’s property anymore. So it has to go somewhere and it is
getting pushed into our homes and into our neighborhoods. On the next page there is a
picture of the dump that you have allowed to happen in our neighborhood. There are
trees, concrete, asphalt, which is all the things that are being dumped on this property to
backfill these flood plains and on the very last page is a copy of your current flood plain
map. Highlighted in green on the one side is the property where Mr. Baron’s has
already backfilled and built houses. You can see it is nicely elevated and is now out of
the flood plain. Where did the water go? Circled in red is the dump that is being put in
there now. Where is all that additional water going; it is going to our homes. These are
not updated flood plain maps and is given what used to be and is not now. Secondly,
there are a lot of storm drains going to South Park Circle. Our street cannot handle it.
The water runs down our street in a river style. It is diverted to behind one of her
neighbor’s houses and it hits the creek and it comes back out in her backyard between
my and my neighbor’s houses and through her neighbor’s houses. So this is not a
quick fix by any means, but there should be an environmental impact study that was
done prior to issuing permits to Baron Enterprises. We need a copy of that, we need a
copy of the flood plains prior to the development as well. It is not for just her, she has a
lot of great neighbors we need to protect and we are not being protected.
Michael Norkus of 3402 South Park Circle stated he is speaking on behalf of his
parents. Every County employee that he talks to wants to do something to help. So, as
we go down our list, let’s find a way to help. He appreciates the neighbors that came
out and everything they said. We need something with regards to repetitive loss
October 23, 2018
405
determination. He is going to ask for something in general for everyone and then a
specific request for the property at 3402 South Park Circle. Generally, if we can just be
nimble; it has only been a week and a half since the last flood. No disaster area has
been declared, there is no FEMA disaster assistance available because of that. Can
the County figure out a way to help, whether that is in the way of helping with the
disaster declaration or something. It has been hard, of course, with the first flood in
May, his parents were rescued by a house by a neighbor with a hose. It was not
expected that the water would react this way. Something is obviously going on
upstream. The second time he rescued his father with rope that the fire chief gave to us
when he stopped by and told us he did not expect this and it should blow over. So,
something is going on upstream. If we could just get a committee together to look at
our options and put it on the agenda for next time is one request. Just to echo what the
others have been saying. Maybe buy out Baron, forget about you should have done
this or that. Let the water go to where it used to go. Right now it is a river coming down
the road before the creek overflows. It is really hard. Can you image a retired couple?
He has moved them 6 or 7 times so far this year. We have purchased 500 sandbags
and stored on the side of the house. We were spared by Florence, we were prepared
for Florence. The next one took us by surprise. Anyway, let’s look at repetitive loss
determination. Let’s look at making Baron whole and fixing that if that is the solution.
Also, some type of organized committee to where we can be ready and look at our
options on how to proceed next.
Chairman Hooker stated she wanted everyone to know that they had been
heard and feel confident that there will be comments from the Board to follow-up to
some of that discussion.
IN RE: REPORTS
Supervisor North moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of
September 30, 2018
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of September 30, 2018
5. Accounts Paid – September 30, 2018
October 23, 2018
406
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor North advised that on Tuesday, October 16, 2019, he attended
the Plantation Road Subdivision annual homeowners meeting. Chief Hall of the
Roanoke County Police Department and Officer Thurman Butts, the Community
outreach officer, spoke on neighborhood crime prevention, Lock-it at 9 and other
community programs. Our police department did a professional job in presenting to this
community meeting and he would encourage our communities and homeowners
associations elsewhere to consider including them in their programs in the Hollins
District or any district in Roanoke County. It is information that can be used to keep our
citizens aware of things they may or may not know.
Supervisor McNamara asked County staff to look at the entire drainage
system, because he for one cannot believe that these are 100, 500 year floods when we
have 2 in 4 months. He thinks something is different too. He has lived in his house 31
years and it has been flooded twice in 31 years and it has been since May. So, he
knows we have a bigger issue from the drainage issues. He knows we have two
drainage crews and that it 2/3rds of the problem that come before this Board is what we
are doing for stormwater management. He thinks that is something he feels we as a
Board ought to look at when we go through budget cycle next time. From this
perspective, if staff could give the Board some guidance on what might be available
from whatever waterways these are. What kind of federal dollars might be available for
the entire drainage system, not necessarily South Park Road or any other road, but the
entire drainage system that is coming in from Garst Mill Park seems to be causing all
sorts of problems.
Supervisor Peters stated he is following up from the last meeting and still
requesting staff direction on Rt. 116. He spoke with Richard Caywood earlier, but there
was another accident on Rt. 116 this morning and as he said last time, it is just a matter
of time before someone is going to get hurt or killed and he wants to do all we can to
mitigate that. So, if it is additional enforcement, we can work with the Police Chief to do
that. He thinks if we did that for a short period of time we will send a clear message to
those truckers that continually use Rt. 116 as shorter route.
Supervisor Hooker thanked everyone for coming and speaking. She
wants them to know they were hear and she was also contacted by citizens in the
Catawba District who had flooding issues so it is a flooding issue that we need to
pursue and see what else is available to us.
IN RE: CLOSED MEETING
At 4:20 p.m., Supervisor Hooker moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia Section 2.2-3711 3
Discussion or consideration of the acquisition of real property for a public purpose or of
the disposition of publicly held real property, where discussion in an open meeting
October 23, 2018
407
would adversely affect the bargaining position or negotiating strategy of the public body,
namely Richfield
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
At 4:21 p.m., Chairman Hooker recessed to closed session.
The closed session was held from 4:36 p.m. until 5:12 p.m.
IN RE: CERTIFICATION RESOLUTION
At 5:12 p.m., Supervisor Hooker moved to return to open session and
adopt the certification resolution.
RESOLUTION 102318-6 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member’s
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies; and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
408 October 23, 2018
IN RE: ADJOURNMENT
Chairman Hooker adjourned the meeting at 5:13 p.m.
Sub itted by: Approved by:
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J � hil C. North
Chief Deputy Cie o the Board Chairman