HomeMy WebLinkAbout11/7/2018 - Regular
November 7, 2018
409
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of November 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
Thomas C. Gates, County Administrator, requested the deletion of New
Business item E.1 - Resolution approving the issuance of revenue bonds by the
Economic Development Authority of Roanoke County in an aggregate amount not to
exceed $99,000,000 for the benefit of Richfield Living. There were no objections.
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410
Chairman Hooker asked for the addition of a Closed Session in
accordance with Section 2.2-3711.A.1 namely to discuss the employment contract of
the County Administrator. There were no objections.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
There were none.
IN RE: BRIEFINGS
1. Briefing on recent developments in GO Virginia (William H. Fralin,
Jr., CEO and President of Medical Facilities of America, Inc.)
Briefing was given by William Fralin, Jr.
2. Briefing on Police Activities and Issues in Roanoke County
(Howard B. Hall, Chief of Police)
Briefing was given by Chief Hall.
IN RE: NEW BUSINESS
1. Resolution approving the issuance of revenue bonds by the Economic
Development Authority of Roanoke County in an aggregate amount not
to exceed $99,000,000 for the benefit of Richfield Living (Rebecca
Owens, Director of Finance)
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the granting of a public sanitary sewer
easement to the Western Virginia Water Authority on property
owned by the Roanoke County Board of Supervisors located at 20
Verndale Drive, Hollins Magisterial District (Doug Blount, Director
of Parks, Recreation and Tourism)
Mr. Blount outlined the request for ordinance. There was no discussion.
Supervisor Hooker’s motion to approve the first reading and set the
second reading for November 20, 2018, was seconded by Supervisor North and
approved by the following vote:
AYES: Supervisord Assaid, North, McNamara, Peters, Hooker
NAYS: None
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411
IN RE: SECOND READING OF ORDINANCES
1. 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 advised there were no changes since first reading. There was
no discussion.
ORDINANCE 110718-1 AUTHORIZING THE ACQUISITION BY
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY OF A
NEW PRIVATE WATER LINE EASEMENT ON PROPERTY
OWNED BY WM BYRD, LLC, (LOCATED AT 100 HIGHLAND
ROAD; TAX MAP NO.060.11-04-20.00), IN THE VINTON
MAGISTERIAL DISTRICT
WHEREAS, Roanoke County has requested that WM Byrd LLC grant the County
a new ten (10’) foot private water line easement across its property located at 100
Highland Road (Tax Map No. 060.11-04-20.00), in the Vinton Magisterial District; and
WHEREAS, the County owns property located at 156 Highland Road, adjacent to
100 Highland Road; the water line easement will enable the County to make
improvements, as needed, to the water line providing service to its property at 156
Highland Road; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on October 23, 2018, and the second reading
was held on November 7, 2018.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the acquisition of a new ten foot (10’) private water line easement across
property belonging to WM Byrd LLC, located at 100 Highland Road (Tax Map No.
060.11-04-20.00), in the Vinton Magisterial District, as shown on the attached
plat labelled “Easement Exhibit From Records Showing a New 20’ Public Water
Line Easement and a New 10’ Private Water Line Easement Located on Lot B1
as Shown on Resubdivision Plat for County School and Board of Roanoke
County”, and sealed by John R. McAden on July 20, 2018, is hereby authorized
and approved.
2. That the County Administrator, or any Assistant County Administrator, is
authorized to execute, deliver and record the deed, and any other documents on
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behalf of the County and to take such further actions as he may deem necessary
or desirable in connection with this acquisition. The form of the proposed deed is
hereby approved with such completions, omissions, insertions and changes as
the County Administrator (or any Assistant County Administrator) may approve,
whose approval shall be evidenced conclusively by the execution and delivery
thereof, all of which shall be approved as to form by the County Attorney.
3. That this ordinance shall be effective from and after the date of its adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: PUBLIC HEARING AND SECOND 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 two changes from the first reading.
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this item.
Supervisor Assaid stated that one of the changes indicates that we are not
responsible for heating and cooling system in the additional leased area. What about
the other maintenance items. Are we responsible for the roof, plumbing, anything like
that. Mr. Light responded that the water is not turned on in that added section of the
building. We would be responsible for the roof, it is outlined in the lease including all
major repairs are subject to appropriation of funds.
Supervisor Assaid then asked what mechanism is in place to confirm that
the revenue generated from the sublet are only being used by the tenant for the support
on the ongoing operations and maintenance of that leased area. Do we have
something in place? Mr. Light responded that he has had preliminary discussion with
the Finance Director and the intent is that once this action is taken, the County
Administrator will be able to review that space and look at the specifics of what that
would entail as far as verifying how those funds are used.
ORDINANCE 110718-2 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
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WHEREAS, during the December 11, 2012, meeting the Roanoke County Board
of Supervisors approved a lease with the Bent Mountain Center, Inc., for a portion of the
Bent Mountain Elementary School for use as a community center; and
WHEREAS, the Bent Mountain Center Inc. is a 501C3 organization consisting of
residents of the Bent Mountain community who are interested in preserving the
structure as a community center and will benefit the community; and
WHEREAS, the original Leased Premises were identified as the
“gym/stage/kitchen/cafeteria/parking area” and noted in “Exhibit A” of the original Deed
of Lease Agreement.
WHEREAS, representatives from the Bent Mountain Center, Inc. requested an
amendment to the lease to expand the Leased Premises to the entirety of the building
and gain the flexibility to sub-lease the expanded premises; and
WHEREAS, the first reading of this ordinance was held on October 23, 2018 and
the second reading and public hearing was held on November 7, 2018.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia as follows:
nd
1. The 2 Amendment shall now read that the Leased Premises shall be
identified as the entire building and shown as REVISED EXHIBIT A – LEASED
PREMISES. The Exhibit clearly shows the Original Leased Premises and the
Additional Leased Premises.
2. Section 4, Use of Leased Premises is hereby amended to remove the
language “shall not use or permit or suffer the use of the Leased Premises for any
elementary or secondary school….”
3. Section 10, MAINTENANCE, REPAIRS, ALTERATIONS AND
REPLACEMNTS, paragraph one now reads “County shall at County’s sole cost,
procure and maintain heating and/or air conditioning systems” the language “for the
scope of the original leased premises however, shall not include the Additional
Leased Premises granted by this amendment” is added.
4. Section 18, RESERVED RIGHTS, (e) second paragraph now reads
“Tenant reserves the right to cancel the Lease or reduce the use of the Leased Premise
with thirty (30) days written notification to the County. Such cancellation or reduction in
the amount of Leased Premises shall be at the sole discretion of the Tenant”.
5. Section 18, RESERVED RIGHTS (e) last paragraph is deleted in its
entirety and is replaced with: “County and Tenant shall each have the right to
cancel the Lease or reduce the physical Leased Premises with (180) days’ written
notification to the other party. The Tenant shall disclose this right to cancel to
any sub-lessee, whose rights shall be no greater than the rights of the Tenant’s”.
6. That this ordinance shall be in full force and effect from and after its
adoption.
7. The County Administrator, or an Assistant County Administrator, has the
authority to execute any and all documents related to this action.
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414
On motion of Supervisor McNamara to adopt the ordinance, seconded by
Supervisor North and carried by the following roll call and recorded vote:
AYES: Supervisors North, McNamara, Peters, Hooker
NAYS: Supervisor Assaid
IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION
1. Resolution of endorsement for a Virginia Department of
Transportation (VDOT) Comprehensive Roadside Management
Project for the Brambleton Triangle at Route 419 in Roanoke
County, Virginia (Bailey Howard DuBois, Planner II)
Ms. Howard Dubois outlined the request for resolution. There was no
discussion.
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this issue.
Supervisor McNamara thanked the landscaper for the project.
RESOLUTION 110718-3 ENDORSING A VIRGINIA DEPART-
MENT OF TRANSPORTATION (VDOT) COMPREHENSIVE
ROADSIDE MANAGEMENT PROJECT FOR THE BRAMBLETON
TRIANGLE AT ROUTE 419 IN ROANOKE COUNTY, VIRGINIA
WHEREAS, One Earth Landscapes has committed to install and maintain
landscaping and signage for five (5) years at the Brambleton Triangle in Roanoke
County, Virginia; and
WHEREAS, this landscaping and signage project would implement the 2005
Roanoke County Community Plan; and
WHEREAS, these improvement activities fall under the Virginia Department of
Transportation Comprehensive Roadside Management Program; and
WHEREAS, this VDOT program requires support of the local governing body
with the adoption of a Resolution of Endorsement prior to project approval by VDOT;
and,
WHEREAS, the Board held a public hearing on this project after advertisement
as required by law on November 7, 2018.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, AS FOLLOWS:
1. That the Board finds that this landscaping and signage project at the
Brambleton Triangle is consistent with the goals of the 2005 Roanoke County
Community Plan.
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2. That the Board accepts the offer of One Earth Landscapes, Inc. to maintain
the landscaping and signage at the Brambleton Triangle for five (5) years.
3. That the Board hereby adopts this Resolution of Endorsement for the
landscaping project at the Brambleton Triangle, and requests the Virginia
Department of Transportation to approve this project under its
Comprehensive Roadside Management Program.
4. That the Clerk to the Board of Supervisors is directed to send a copy of this
resolution to the Virginia Department of Transportation and to One Earth
Landscapes, Inc.
On motion of Supervisor McNamara 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: CONSENT AGENDA
RESOLUTION 110718-4 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 November
7, 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 – September 25, 2018
2. Request acceptance of a donated canine valued at approximately $6,000 for
use by the Police Department’s K-9 Unit
3. Resolution confirming the County Administrator's declaration of a Local
Emergency due to severe weather
4. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Diana C. Wilson, Assistant Director of Information
Technology, upon her retirement after more than forty (40) years of service
On motion of Supervisor McNamara 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
November 7, 2018
416
IN RE: REPORTS
Supervisor McNamara moved to receive and file the following reports.
The motion was seconded by Supervisor North and carried by the following recorded
vote:
AYES: Supervisors Assaid, North, Hooker, Peters, McNamara
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McNamara just wanted to make a statement; he did win a
legislative seat in an election yesterday. So, he wants to thank everybody that came
out to vote; it is something to look forward to. He certainly looked forward to being part
of this Board of Supervisors over a number of years. The transition timeframe for a
replacement for his seat on the Board of Supervisors should be complete, at least, he
will transition to the legislature by the end of November. So, the Board very, very well
staffed currently in his opinion and he thinks the Board is going to do absolutely
fabulous and looks forward to working with Roanoke County with the only difference
being that he will be working with some other jurisdictions as well, specifically Craig
County, City of Salem, Montgomery County. He just wanted to give people come kind
of time frame.
Supervisor Peters congratulated Mr. McNamara on his win yesterday. A
couple of things he shared with Chief Hall. There are still issues with 116, we had
another one last week and has not heard of any this week yet. Secondly, if we could do
some research as he has received countless complaints about yesterday when it came
to voting. At the William Byrd precinct he himself waited an hour and 45 minutes.
There were computer issues, but apparently that was known several days ahead of
time. He would like to see people look into that so we can make sure that does not
happen in the future.
Supervisor North stated we may replace Mr. McNamara on this Board, but
we will not replace his experience and leadership at that time, over time perhaps. He
would like to thank him for his experience and leadership and thinks it is going to bode
well not only for this area, but the State of Virginia. Congratulations, Joe. Secondly, he
would also echo election concerns at the Orchards Precinct. There were at least two
dozen people by 6:30 a.m. who left and he does not know if all of them returned to vote,
because they could not stand in line for twenty to thirty-five minutes, which is what it
was taking. The poll had forty people lined up at 5:45 a.m. It was heavy yesterday,
there was about fifty percent (50%) of the registered voters who voted. At his request,
November 7, 2018
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he asked that something be done and a third, paper roll book was sent to help expedite
the voting process. It is unfortunate that not only was this Countywide that the
computers were not working, but citizens are discouraged when they have to go to work
in the morning or go somewhere in the evening and have to stand in line to vote. He
thinks something needs to be done to eradicate this from happening at our next election
or any future elections.
Supervisor Hooker congratulated the Northside and Glenvar High School
football teams. They are both 9 and 1 and moving on through playoffs and it is an
exciting time. She congratulated the coaches and the players involved. Also, she
wanted to congratulate Mr. McNamara. He has worked incredibly hard over the last few
months. He has a great team in place, was well organized and we truly are going to
miss your leadership, knowledge and experience on this Board. We look forward to
seeing what is going to happen at the State level. Congratulations and thank you for all
your work in the past.
IN RE: WORK SESSIONS
1. Work session to discuss flood resilience and FEMA programs
with the Board of Supervisors (Stephen G. Simon, Chief of Fire
and Rescue; Tarek Moneir, Acting Director of Development
Services)
In attendance at the work session were Butch Workman, Stormwater
Operations Manager; Jeff Altice, Stormwater Operations Supervisor; David Henderson,
County Engineer, Tarek Moneir, Acting Director of Development Services; and Fire
Chief Stephen G. Simon. Staff provided a PowerPoint presentation; a copy of which is
on file in the office of the Clerk. In the coming year, Mr. Henderson explained they
would be bringing to the Board several items including formal flood permit, oversight
with sheds and fences, revisions to erosion and sediment control ordinance, buyback
program, perform more site specific flood studies for consideration. For all of these
issues, flood insurance is foundational. Roanoke County has a limited role with regard
to drainage. Virginia Department of Transportation (VDOT) is responsible for drainage
within street right-of-ways until it gets to a water source.
Mike Gusso, liaison with the Virginia Department of Emergency
Management (VDEM) provided information regarding what happens under a disaster
declaration.
Supervisor Assaid inquired, with the significant storm events that we have
had, will the new ordinances that staff is putting together fix the flowing issues, with Mr.
Henderson responding if we get seven inches of rain in less than 3 hours, we will flood.
The work session was held from 4:28 p.m. until 5:31 p.m.
November 7, 2018
418
2. Work session to review with the Board of Supervisors County of
Roanoke Fire and Rescue Department staffing (Stephen G. Simon,
Chief of Fire and Rescue)
Chief Simon advised it has been two years since he has sat down with the
Board to discuss staffing. Staff provided a PowerPoint presentation; a copy of which is
on file in the office of the Clerk.
Chairman Hooker asked about the equipment (page 14) and if there is an
accounting. Chief Simon advised they are working through that now due to poor
bookkeeping. All the equipment that is utilized on a day-in, day-out basis has already
been owned by Roanoke County. There are two pieces of apparatus that have not
been utilized, so we are going to try to resolve that and the goal would be to give the
equipment to a non-profit. They could sell it and donate the money back to the fire
department. Just this last week, he worked with United Way and any donations from
Mason’s Cove would go back to Mason’s Cove.
Supervisor Peters inquired with the regard to the volunteers, they have
also seen an increase in call. So, when is that going to become a problem without the
medic coverage? Chief Simon advised they handle like every other jurisdiction does
and has a ripple effect. Your next closed station is going to cover. You do not see a lot
of the career departments staffing two medic units in the same station. We do have
some challenges at the Ft. Lewis station. It takes a little longer. He stated that he is not
advocating that we do not need it. Typically, from the deployment model, that is not
something that he is looking at doing.
Supervisor Peters stated calls are going three and four deep. At some
point, as we are currently experiencing in Vinton, we have spent a lot of time in Bedford
County. At some point, our neighboring jurisdictions are not going to want to continue
to come here. At some point, it will be a problem.
Chief Simon stated he did not disagree and has met with Carilion Clinic
because they have their transport system and met with their emergency and ER staff
managers. We also have looked at the City of Roanoke, where we can dispatch them
from us. If there are calls at doctor’s office or nursing homes, we can go and stabilize
and they will send an ambulance.
Christopher Bever, Director of Management and Budget remarked this
would be a budget issue for 2020 and 2021.
Supervisor McNamara asked if we had reached the end of the Safer Grant
with Mr. Bever responding that we are not there yet and hopefully we will get to the
staffing levels we need and the overtime will drop.
Supervisor Peters stated at some point he feels it would be beneficial to
have a joint strategic look at what our fire stations needs to be.
Chief Simon stated he agreed.
The work session was held from 5:35 p.m. until 6:14 p.m.
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419
IN RE: CLOSED MEETING
At 4:11 p.m., Supervisor Hooker moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A 1
namely to discuss the employment contract of the County Administrator. The motion
was seconded by Supervisor McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
The closed session was held from 6:20 p.m. until 6:30 p.m.
IN RE: CERTIFICATION RESOLUTION
At 6:31 p.m., Supervisor Hooker moved to return to open session and
adopt the certification resolution.
RESOLUTION 110718-5 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member’s
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies; and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor McNamara 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
420 November 7, 2018
IN RE: NEW BUSINESS
1. Request to accept letter of resignation and to approve severance
agreement
During closed session, Thomas C. Gates, County Administrator, submitted
his resignation to the Board with an effective date of January 4, 2018. A copy of the
letter is on file in the office of the Clerk to the Board of Supervisors.
Supervisor Hooker moved to accept the letter of resignation and to
approve a severance agreement as outlined during the closed session. Supervisor
McNamara seconded the motion and it was approved with the following recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None •
A-110718-6
IN RE: ADJOURNMENT
The meeting was adjourned the meeting at 6:35 p.m.
Su tted by: Approved by:
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Debo ah C. Jacks ((the
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Chief Deputy Cler Board Chairman