12/18/2018 - Regular
December 18, 2018
457
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 second
regularly scheduled meeting of the month of December 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 an invocation was given by Pastor
Chris Bordeaux, First Church of Christ Scientist. The Pledge of Allegiance was recited
by all present.
IN RE: CALL TO ORDER
Chairman Hooker called the meeting to order at 3:01 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Martha B. Hooker, Supervisors George G. Assaid,
Phil C. North, David F. Radford and P. Jason Peters
MEMBERS ABSENT: None
STAFF PRESENT: 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. Presentation of Year End Financial Results for June 30, 2018,
acceptance of audit report and allocation of year end funds
(Rebecca Owens, Director of Finance)
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Ms. Owens introduced Rob Churchman, Partner with Cherry Baekert, who
completed the audit.
Supervisor North inquired concerning the cost for the Cityworks that is
being considered; can the Capital Improvement Plan (CIP) be amended. Mr. Bever,
Director of Management and Budget responded in the affirmative. Supervisor North
then inquired if we accept there are savings associated with Ms. Owens responding in
the affirmative, $130,000.
Supervisor Assaid commented he will not be supporting because it is a
CIP project, funds were appropriated in 2017 and now two more CIPs have been
presented. He reiterated that it should go back into the list of CIP projects and
reprioritized.
On motion of Supervisor Peters to accept the audited financial results for
the fiscal year ended June 30, 2018 and allocate funds as follows: $651,561.80 from
General Government Unappropriated Balance to Capital Reserves; $800,000 from year-
end savings to the Health Insurance Fund; $200,000 from year end to capital
appropriated during the 2018-2019 budget; $157,545 from year end for outstanding
purchase orders; $400,000 from year end for the City Works Permit Management
System (as presented during work session on December 4, 2018) and $142,294 from
year end to Capital Reserves, seconded by Supervisor North and carried by the
following roll call and recorded vote:
AYES: Supervisors North, Radford, Peters, Hooker
NAYS: Supervisor Assaid
2. Request to grant an additional holiday on Monday, December 31,
2018 (Martha B. Hooker, Chairman of the Roanoke County Board
of Supervisors)
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On motion of Supervisor Hooker, to approve an additional holiday,
seconded by Supervisor Peters and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, Radford, Peters, Hooker
NAYS: None
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IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of the Economic Development Authority of Roanoke
County et al to amend the master plan for the Center for Research
and Technology and to remove the proffered condition on
properties totaling approximately 454.25 acres zoned PTD,
Planned Technology District, located on Glenmary Drive and
Corporate Circle, Catawba Magisterial District
Supervisor Hooker’s motion to approve the first reading and set the
second reading and public hearing for January 22, 2019, was seconded by Supervisor
Radford and approved by the following vote:
AYES: Supervisors Assaid, North, Radford, Peters, Hooker
NAYS: None
2. The petition of Venture Storage Group, LLC to obtain a Special
Use Permit in a C-2, High Intensity Commercial, District to
construct a mini warehouse storage facility on 3.10 acres, located
near the 4400 block of South Peak Boulevard, Cave Spring
Magisterial District
Supervisor Assaid’s motion to approve the first reading and set the second
reading and public hearing for January 22, 2019, was seconded by Supervisor North
and approved by the following vote:
AYES: Supervisors Assaid, North, Radford, Peters, Hooker
NAYS: None
3. The petition of Virginia Interventional Pain and Spine Center to
amend the proffered conditions on approximately 3.2 acres zoned
C-1C, Low Intensity Commercial, District with conditions, located
in or near the 3300, 3400, and 3500 blocks of Ogden Road, Cave
Spring Magisterial District. The amended proffers would revise
the concept plan and freestanding light pole height. Proffers
dealing with building square footage, building height, signage,
screening and buffering, stormwater management, development
phasing, sewer easements, and use restrictions would be deleted
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Supervisor Assaid’s motion to approve the first reading and set the second
reading and public hearing for January 22, 2019, was seconded by Supervisor Peters
and approved by the following vote:
AYES: Supervisors Assaid, North, Radford, Peters, Hooker
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance accepting and appropriating $323,484 from the Virginia
Department of Conservation to construct mountain bike trails and
a trailhead at Explore Park (Doug Blount, Director of Parks,
Recreation and Tourism)
Doug Blount outlined the request for appropriation. Supervisor Hooker
asked if this is a part of the International Mountain Bike Association with Mr. Blount
responding in the affirmative.
Supervisor Hooker’s motion to approve the first reading and set the
second reading for January 8, 2019, was seconded by Supervisor North and approved
by the following vote:
AYES: Supervisors Assaid, North, Radford, Peters, Hooker
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 121818-3 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for December
18, 2018 designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 4 inclusive, as follows:
1. Request to accept and allocate grant funds in the amount of $42,564 from the
Virginia Department of Emergency Management (VDEM) for an Emergency
Management Performance Grant
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2. Request from the Roanoke County Sheriff’s Office to accept and appropriate
funds in the amount of $9,000 for a grant administered by the U. S.
Department of Justice’s Bulletproof Vest Partnership
3. Confirmation of appointment to the Roanoke Valley Resource Authority
(RVRA) (At-Large)
4. Request to accept donation of a recycling trailer from Cox Communications
On motion of Supervisor Assaid to adopt the resolution, seconded by Supervisor
North and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, Radford Peters, Hooker
NAYS: None
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IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Susan Bach of 4224 Bluebird Lane in Salem, Virginia stated her concern
is that she was coming South on Rt. 311 and stopped at the light at Orange Market to
wait for a light to change and one of the garbage trucks was coming from the left and as
it turned towards her and went to go North on Rt. 311, out of the back corner
was this green, brown water pouring out the back, probably the volume of a garden
hose turned on high and for fifty (50) feet or more slopped this water out on the road.
So, her concern is that is goes up Rt. 311, turns left on Bradshaw and both of those
roads have streams. She is worried of the possibility of polluting the water and wonder
if the EPA or someone like that would be concerned at the potential of polluting the
streams. That is just one truck and there are supposedly 40 trucks that come through
and that was just one last Thursday when she was sitting there. This terrible water was
pouring out the back and there is a closed, tractor-trailer style trailer that they are
hauling the garbage in.
Catherine Joslyn of 4349 Duck Pond Road in Salem, Virginia stated she is
here to talk about your truck and Bradshaw Road Waste Management. Gladys Hele
who is 63 years old on October 12, 2003 had spent Columbus Day weekend on her
porch. On October 30, 2003, Red Town Pennsylvania’s waste management vehicle
with improper packing traveling, carrying and managing had hit a bump and crushed her
vehicle like a junk-year crusher. It is a civil suit; there is no liability or waste
management taking any responsibility. It is your truck companies that are taking the
responsibility; Ryders, J.T. Thomas and the third one that you guys have. They are not
following the rules of the safety regulations of motor carrier regulations published in
2018 and the companies that waste management hires that you guys are depending
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upon will have truck failures and they will not be able to keep up with. Now you have
three of them with forty (40) trucks. If their vehicles, pulling these trailers, now you have
three of them on your budget to take care, which is over money now, wasted money,
and they are not even following or have Judge approval of the special permit from DOT.
She just found out; it wasn’t even approved yet for these vehicles to be rolling down the
highway. Also, the Corp of Engineers, back in 1985, had deemed this area, Mason’s
Creek, to be on the fault line, geographically on the fault line. It moves, it is water.
Water and air erodes the sedimentary of your planet. You have trucks that are rolling
down here as chemicals are spilling into Mason’s Creek watershed. Mason’s Creek
watershed goes into the Roanoke River watershed and right past your Explore Park into
Smith Mountain Lake. All this pollution; it’s in there and we live with it. The road had
bridges that the Engineers had that were taken out in 1993. Some of it was rebuilt in
2015; all the culverts are collapsed. They are collapsed because of the weight of normal
wear and tear of our own logging truck company. Where is the water going to go on top
of the collapsed culverts. We have three developments. Rt. 684 in Forest Acres Drive
is blind going West; it is not marked by the VDOT road signs
IN RE: REPORTS
Supervisor Peters moved to receive and file the following reports. The
motion was seconded by Supervisor North carried by the following recorded vote:
AYES: Supervisors Assaid, North, Radford, Peters, Hooker
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of
November 30, 2018
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of November 30, 2018
5. Accounts Paid – November 30, 2018
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Assaid stated it is probably not the right meeting to do this, but
does want to thank Chairman Hooker for her leadership over the past year; you have
done a wonderful job for us. I am sure that you are ready to pass the baton on to
somebody else. Thank you very much. Another item is only brought up because she is
a former employee of Roanoke County. On December 31, 2018, Penny Hodge, who
over the past two decades has been Director of Budget and Finance and now the
Assistant Superintendent of Finance for Roanoke County Schools along with her
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decade of service with Roanoke County government will be retiring. During her time at
the schools as Chief Financial Officer, she has been the most important person in the
district. During her time with the County, she was a valued and well respected
employee. Over her career, she has received numerous accolades. She has been
described as honest, ethics, having unparalleled knowledge, professional, classy, a role
model and a leader. All are applicable and well deserved, however, for her colleagues,
her husband and friends, her loyalty to us may be the highest praise we can give.
Thank you Penny for your service. He wished Penny, her husband Craig, good health
and eternal happiness in your retirements. Also, since we are in the holiday season, he
wished everyone a blessed holiday.
Supervisor North stated best wishes for everyone here and at home in the
County for a safe holiday season and a Merry Christmas and Happy New Year. He too,
thanked the Chair, Martha Hooker, for leading us through 2019, which was anything but
an easy year in his mind. You handled it diplomatically and fluidly and thank you for
your service, we appreciate it.
Supervisor Radford also added his season greetings to everybody and
wished everybody a Merry Christmas and a Happy New Year. At the last meeting,
December 4, 2018, we had a resident speak about our Rescue Squad and an event that
he had up in Bent Mountain. He has talked to Chief Simon about that and they have
had a discussion about it. He feels like they have that figured out, but just wanted to tell
everybody a success story with the rescue squad for his family. We needed on
December 23, 2006, as his wife at 47 years of age had a stroke that morning at 7:00
a.m. The rescue squad was there lickety-split. They came right in the house. He thinks
he might have given the 911 caller that he thought she was having a stroke, which she
did and within a matter of thirty (30) minutes, she lost her entire right side; you could
have drawn a line straight down her. The calmness of the Rescue Squad and getting
her over to the hospital was made effortlessly; they did their thing. So, after all that we
went through with the family, his wife has recovered, she is running, working two jobs,
she survived and got there in time. He just wants to praise our first responders and the
Rescue Squad from Cave Spring that morning on December 23, 2006.
Supervisor Peters has a couple of updates since our late meeting. Don’s
Cabins is now open at Explore Park. Supervisor North and myself attended the long
awaited opening of Macado’s, which has now opened in Vinton and it is doing very well
so be prepared to wait. There has been a thirty (30) minutes wait every time he has
been in there so far. After the long anticipation, it is there and is great and everybody is
very much enjoying it. He thanked staff; as everyone knows ten days ago there was 15
inches of snow was dumped in our area and out staff had their work cut out for them.
Parks and Recreation and all the guys that worked diligently to get the County back
open and functioning in a reasonable amount of time. Thank you for everything you do.
Lastly, he hopes everyone has a safe and Merry Christmas and a happy New Year.
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Supervisor Hooker thanked Supervisor Assaid on his comments
commending Penny Hodge; she will be missed and we certainly wish her well. She
wanted to say to the two citizens who spoke that she too is very unhappy with the
situation with the trucks on Bradshaw and needs to be alleviated and corrected as soon
as possible and hopefully will be sooner rather than later. She thanked all the staff of
Roanoke County; you are appreciated. We appreciate what you do. We have an
excellent team that works here and we appreciate what you do.
At 3:44 p.m. Chairman Hooker recessed to work session and closed
session.
IN RE: WORK SESSIONS
1. Work session to review with the Board of Supervisors the County
of Roanoke's CORTRAN program (Daniel R. O'Donnell, Assistant
County Administrator; Christopher R, Bever, Director of
Management and Budget; Meredith Thompson, Budget Manager)
Mr. O’Donnell gave brief overview and introduced Nathan Sanford from
Radar and turned the meeting over to Mr. Bever.
Ms. Thompson explained it is a demand response transportation program.
This is not a paratransit program.
Supervisor Hooker asked about qualifications and how they are verified.
This will be discussed later in the presentation.
Supervisor Radford asked about purchasing tickets. Ms. Thompson
advised they can come in or call and have them mailed.
Supervisor North asked how many people at Parks and Recreation are
handling, with Ms. Thompson advising one person.
Supervisor Hooker asked why did staff determine the age of 60, with Mr.
Bever advising that is just what a the program originated with.
Supervisor Peters inquired what percentage of drivers are handicapped
with Mr. Sanford advising 47%.
Supervisor Hooker asked if there were other sources they could use, with
Mr. Bever responding in the negative.
Supervisor Assaid inquired if there is a way to charge a non-resident a
higher fee.
Supervisor North inquired if there was a way to do online service.
Supervisor Radford inquired as population is aging and children are
having licenses removed would that qualify with Ms. Thompson responding they would
qualify.
The work session was held from 3:57 p.m. until 5:06 p.m.
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IN RE: CLOSED MEETING
At 3:43 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 Section
2.2-3711.A.7, Consultation with legal counsel and briefings by staff members or
consultants pertaining to actual or probable litigation, where such consultation or
briefing in open meeting would adversely affect the negotiating or litigating posture of
the public body, namely opioid litigation. The motion was seconded by Supervisor
North and carried by the following recorded vote:
AYES: Supervisors Assaid, North, Radford, Peters, Hooker
NAYS: None
The closed session was held from 5:18 p.m. until 6:34 p.m.
IN RE: CERTIFICATION RESOLUTION
At 6:34 p.m., Supervisor Hooker moved to return to open session and
adopt the certification resolution.
RESOLUTION 121818-4 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 Assaid to adopt the resolution, seconded by Supervisor
North and carried by the following roll call and recorded vote:
466 December 18, 2018
AYES: Supervisors Assaid, North, Radford Peters, Hooker
NAYS: None
IN RE: ADJOURNMENT
The meeting was adjourned the meeting at 6:35 p.m.
1 miffed by: Approved by:
/ ,, /-Ago ,, if e 1C . fl0
•-borah . J . s hil C. North
Chief Deput t erk to the Board Chairman