10/11/2005 - Regular
October 11, 2005
1109
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
October 11, 2005
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of October, 2005.
IN RE: CALL TO ORDER
Chairman Altizer called the meeting to order at 3:03 p.m. The roll call was
taken.
MEMBERS PRESENT:
Chairman Michael W. Altizer, Vice-Chairman Michael A.
Wray, Supervisors Joseph B. “Butch” Church, Richard C.
Flora, Joseph McNamara
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Joseph B.
Obenshain, Senior Assistant County Attorney; John M.
Chambliss, Assistant County Administrator; Dan R.
O’Donnell, Assistant County Administrator; Diane S.
Childers, Clerk to the Board; Teresa Hamilton Hall, Public
Information Officer
IN RE: OPENING CEREMONIES
The invocation was given by Reverend Mark Graham, St. John
Evangelical Lutheran Church. The Pledge of Allegiance was recited by all present.
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1110
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added a briefing, Item D-1, to provide an update regarding the
Villages at Garst Creek.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Proclamation declaring the month of October 2005 as Crime
Prevention Month in the County of Roanoke
Chairman Altizer presented the proclamation to Ray Lavinder, Chief of
Police, and Rick Crosier, Crime Prevention Officer.
IN RE: BRIEFING
1. Briefing on Villages at Garst Creek. (Elmer Hodge, County
Administrator)
Mr. Hodge advised that the Mews and San Souci apartment complex,
which was over 30 years old and in deteriorating condition, was recently sold to new
owners. He stated that the new owners could have rented the apartments in their
current condition; instead, they invested $9.5 million ($1,800 per unit) to do an extensive
remodel of the facilities. He indicated that he personally visited the site to view the
condition of the apartments and the improvements which are in progress. The project
was financed through a federal fair housing program using IRS tax credits administered
through the Virginia Housing Development Authority (VHDA). Because of the tax
credits involved in this project, it required the relocation of some of the residents who
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were over the income limits, and it also caused some families with students in the
school system to relocate if they were above that income limit. He advised that this
caused concern for the families who had to relocate, as well as the County Board and
staff. He stated that federal programs do not require or even allow a vote of the local
governments, so the County had almost no involvement beyond certifying the zoning
and compliance with the comprehensive plan. He reported that Supervisor McNamara
wrote a letter to the developer in August 2005 asking for consideration on behalf of
those being relocated. Mr. Hodge advised that on September 15, he, Chairman Altizer,
Supervisor McNamara, and Teresa Hall met with Governor Warner and VHDA Director
Susan Dewey at a conference in Roanoke and asked for consideration in many areas to
help residents of the apartments and neighboring subdivisions. He stated that at the
direction of Chairman Altizer and Supervisor McNamara, he wrote a letter to VHDA
asking that they improve communications in the future; that they consider allowing
mixed income levels to avoid displacing residents; and that they pay tuition for any
students who may be forced to relocate and want to remain in County schools. Mr.
Hodge stated that the County has taken other initiatives to help the Villages and the
neighborhood. A building inspector has been assigned to work on-site to coordinate the
remodeling, and a staff person has been assigned to coordinate the flow of information
between apartment residents and the surrounding neighborhood. He stated that we
have begun community based policing in the Garst Mill Park area.
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Mr. Hodge advised that he received a letter this morning from Ms. Dewey,
in response to the letter sent by Roanoke County. He stated that Ms. Dewey and her
staff met last week with the owner and the management company regarding the
displacement of lower income families. Ms. Dewey advised in her letter that tenants will
not be forced to move until other housing is located, and that no family with children in
the school system at this time will ever have to relocate. In addition, no elderly or
disabled residents will be required to move. VHDA will also consider making changes in
future projects to allow a greater mix of income levels. Mr. Hodge indicated that this is
encouraging news and it required a lot of hard work on the part of Roanoke County,
VHDA, Governor Warner, and many others. He stated that the County will continue to
work with the individuals who live and work in and around the Villages to make this the
best project possible.
Supervisor Church inquired if the County administration knew of the
possibility of this project in January. Mr. Hodge responded in the affirmative and
advised that in January, the County was asked to verify the zoning and compliance with
the comprehensive plan. Supervisor Church stated that if the County has knowledge of
something of this magnitude, the Board should have been notified at that time. He
stated that the County missed an opportunity to meet with our citizens and state
legislators, which likely would have prevented a lot of the uproar related to this matter.
He stated for the record that if the staff has any inclination of a situation like this in the
future, it needs to be made public.
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Supervisor McNamara clarified that the investment per unit amount should
be $18,000, rather than the $1,800 mentioned by Mr. Hodge. He stated that there
continues to be misinformation relative to this program and that the information needed
to be shared when VHDA responded to the request. He noted that the Board has
influence with respect to rezonings; however, when it is a federal program administered
by the state, you do not have a vote or influence. He commended the County
administration for their handling of this matter and thanked them for their continued
involvement in this project. He thanked Mr. Hodge and Chairman Altizer for their
assistance in working with the Governor and VHDA and noted that this is the result that
can be achieved through collaboration rather than antagonism and misinformation. He
stated that if some of the changes the County has recommended are adopted by VHDA,
other localities will not find themselves in a similar situation. One consideration being
reviewed by VHDA is that future projects may not be developed as 100% low income.
Supervisor Wray questioned how many families will be allowed to remain
as a result of these changes. Mr. Hodge advised that this information is not available
and would have to be obtained from the management company. He stated that Ms.
Dewey took to heart the input received from the County, and he advised that this
program has been in place for some time and has previously not been receptive to
change. However, the County presented the information in a manner that they saw
would contribute to improvements in the program.
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Supervisor Flora commented that he has been through this process in
other localities but did not experience the success that has occurred in Roanoke
County. He stated that he found the VHDA to be very rigid and not open to suggestions
for improvements. He commended the Board members and staff who were involved for
this outstanding effort.
Supervisor Church expressed appreciation to the citizens and stated that
the County needs to remain involved, even if it is a state project, and he cited VDOT as
an example. He indicated that hindsight is 20/20 but the County has a history of not
communicating quickly enough. He indicated that information needs to be presented
from day one and let the people decide, and he questioned how much more could have
been done if this matter had been made public earlier.
Supervisor Altizer thanked Supervisor McNamara for his handling of the
matter and stated that while VHDA is a part of state government, the tax credits for this
program come from the federal government. He stated that the initial letter received by
the County from VHDA simply inquired about the “fit” [with the zoning and
comprehensive plan], and the County was not notified until June 2005 of approval of the
project. Mr. Hodge advised that the County was not notified until August 2005 of the
approval. Supervisor Altizer stated that the County’s input has caused VHDA to revisit
the percentage of displaced residents, as well as what will be fair market value rentals
for a certain piece of property. He commended VHDA for their actions because they
went back to the developer, who then had to readjust his tax credits to accommodate
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the changes. Supervisor Altizer stated that this shows that the developer is taking a
proactive step to work with the community and the displaced residents. He thanked
Supervisor McNamara, County staff, and the Governor for their assistance in this
matter, and he stated that he is thankful that the County was able to arrange something
to benefit residents who are disabled, elderly, and have students in the County schools.
IN RE: NEW BUSINESS
1. Request to approve the service agreement with the Western
Virginia Regional Jail Authority. (John M. Chambliss, Assistant
County Administrator)
R-101105-1
Mr. Chambliss advised that staff is requesting approval of a resolution
adopting the service agreement for the Western Virginia Regional Jail Authority
(WVRJA). He indicated that the agreement was approved by the Authority Board at
their meeting last week, and each of the four member jurisdictions are being asked to
approve the agreement during the month of October so that the Authority can complete
the interim financing for the project by the end of October. He stated that a work
session was held on September 25, and he noted that there have been several minor
changes to the draft agreement since that time: (1) Prisoners housed at the regional jail
will not participate in community custody programs where they would be taken from the
jail for work or treatment programs. Those inmates would be handled by the local jail.
(2) Inmates in a Trusty status will only work at the jail property under the supervision of
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certified Law Enforcement Officers, Deputy Sheriffs, or Corrections Officers. (3)
Visitation for prisoners at the regional jail shall be primarily through the use of video
visitation from the local jail. This will reduce the traffic coming to the regional jail facility.
(4) Prisoners completing their sentence at the regional jail will be returned to the local
jail that placed them at the regional jail for release into that community. Releases will
not be made from the regional jail. (5) Operating policies will be generally modeled after
the standards and policies as established for the Roanoke County/Salem jail and
conform to the American Corrections Association, National Institute of Corrections,
Virginia Department of Corrections, or recognized legal and professional organizations.
This includes the pay scale and benefit programs. (6) The maximum number of inmates
to be held at each local jail was defined so that the excess population would be
transferred to the regional jail. Persons serving time on weekends, etc. who are not
reported on the state statistics are not counted in the maximum number to be housed.
(7) Other changes were clerical in nature and did not change the intent or substance of
the draft document.
Mr. Chambliss reported that the Authority Board adopted the resolution at
their meeting last week, and the City of Salem adopted it last night. He advised that
Franklin County will consider the resolution at its meeting next week, and Montgomery
County will consider the matter at its meeting in two weeks. It is anticipated that the
Authority Board will close on the financing during the last week of October.
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Supervisor Wray stated that, as a member of the Authority Board, he
knows that a lot of work went into this agreement and he feels that the result is a good
document. He cited some of the changes which will make the project better for the
community, including the quality of the operating procedures which will be put in place
and are modeled on the procedures currently used by Roanoke County. He noted that
the facility will be operated by a Superintendent, and advised that operation by a local
Sheriff is not always the most appropriate means of operation.
Supervisor Wray moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Wray, Flora, Altizer
NAYS: Supervisor Church
Supervisor Church stated that since the overwhelming majority of the
residents in his district feel that the site selection for the regional jail was pre-
determined, and he agrees with them, he indicated that it is hard for him to vote “yes” on
this project. He stated that from the onset, there will be “no” votes from him with respect
to this project.
RESOLUTION 101105-1 AUTHORIZING A SERVICE AGREEMENT
FOR THE WESTERN VIRGINIA REGIONAL JAIL AUTHORITY
The County of Franklin, Virginia, the County of Montgomery, Virginia, the County
of Roanoke, Virginia and the City of Salem, Virginia (each, a “Member Jurisdiction” and
together, the “Member Jurisdictions”) have agreed to create the Western Virginia
Regional Jail Authority (the “Authority”). The Authority is being created for the purpose
of developing and operating a regional jail facility (the “Regional Jail”) for the benefit of
the Member Jurisdictions. The relationship between and among the Member
Jurisdictions and the Authority for paying the costs related to the Authority and the
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Regional Jail will be set forth in a Service Agreement tentatively dated October 1, 2005
(the “Service Agreement”) by and among the Authority and the Member Jurisdictions.
To authorize the participation of the County of Roanoke, Virginia (the “County) in the
Authority, the County’s Board of Supervisors (the “Governing Body”) wishes to authorize
the County’s execution and delivery of the Service Agreement.
The form of the Service Agreement has been made available to the members of
the Governing Body prior to this meeting and has been filed with the Governing Body’s
records.
After careful consideration and in furtherance of the public purposes for which the
Authority is being created, NOW, THEREFORE, BE IT RESOLVED, THAT:
1. The Service Agreement is hereby approved in substantially the form
made available to the members of the Governing Body prior to this meeting, with
such changes, insertions, omissions or amendments (including, without
limitation, changes of the dates thereof and therein) as may be approved by the
Chairman of the Governing Body or the County Administrator . The approval of
any such changes, insertions, omissions and amendments shall be evidenced
conclusively by the execution and delivery of the Service Agreement. The
performance of the Service Agreement by the County is authorized and directed.
2. The Chairman of the Governing Body or the County Administrator,
either of whom may act, are each authorized and directed to execute the Service
Agreement on behalf of the County.
3. The members of the Governing Body and the staff of the County are
authorized and directed to execute and deliver on behalf of the County such
other instruments, documents or certificates, and to do and perform such other
things and acts, as any of them shall deem necessary or appropriate to carry out
the transactions authorized by this Resolution or contemplated by the Service
Agreement or such instruments, documents or certificates. All such actions
previously taken are hereby ratified, approved and confirmed.
4. This Resolution shall take effect immediately upon its adoption. Unless
the governing bodies of the other Member Jurisdictions adopt similar resolutions
by October 31, 2005, this Resolution shall be deemed to be revoked.
On motion of Supervisor Wray to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Wray, Flora, Altizer
NAYS: Supervisor Church
2. Resolution approving and authorizing the assignment and change
of control of Adelphia’s cable television franchise to Comcast
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Corporation. (Joseph B. Obenshain, Senior Assistant County
Attorney)
R-101105-2
Mr. Obenshain reported that in the first paragraph of the resolution, there
is one correction which should be made. He stated that the effective date should be
January 1, 2001 rather than January 1, 2005. He stated that when the franchise was
negotiated with Adelphia in 2000, it was made progressive in order to provide an
incentive for Adelphia to upgrade their system. The length of the franchise term was to
depend upon how well they did their job and if it was completed within two to three
years, the franchise would be 15 years; however, if it took five years or longer, they
would only have a 10-year franchise. Mr. Obenshain stated that the franchise is being
taken over by Comcast, which is the largest cable operator in the country, due to the
fact that Adelphia is in bankruptcy. He indicated that this will occur through a series of
complicated transactions that will result in the franchise being owned by Comcast. He
stated that Salem residents comprise a substantial majority of the cable subscribers to
this system. He indicated that Roanoke County is adopting this resolution to protect its
legal rights.
Supervisor Church stated that he and Mr. Obenshain represent the
County on this negotiating committee and that this transaction will occur irrespective of
any actions taken by Roanoke County.
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Supervisor Altizer inquired if Adelphia has already been acquired by Time
Warner, which will then be acquired by Comcast. Mr. Obenshain responded that it will
be an almost simultaneous transaction and the legal documentation is quite
complicated. He indicated that it is a two-step process that will occur almost
simultaneously once final approval is received from the bankruptcy court. Supervisor
Altizer stated that the County is approving the transfer of this franchise to Comcast but if
it will be transferred first to Time Warner and then to Comcast, he wants to make sure
that the action being taken is appropriate. Mr. Obenshain advised that Comcast will be
immediately taking over the franchise and Time Warner essentially will not be involved.
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
RESOLUTION 101105-2 APPROVING AND AUTHORIZING THE
ASSIGNMENT AND CHANGE OF CONTROL OF ADELPHIA’S CABLE
TELEVISION FRANCHISE TO COMCAST CORPORATION
WHEREAS, by ordinance adopted on December 19, 2000, effective January 1,
2005, a cable television franchise has previously been granted by the County of
Roanoke, Virginia, (“Franchise Authority”) to Blacksburg/Salem Cablevision Inc., an
entity (“Franchisee”) that is an indirect subsidiary of Adelphia Communications
Corporation (“Adelphia”); and
WHEREAS, Adephia is currently in Chapter 11 bankruptcy proceedings; and
WHEREAS, pursuant to an Asset Purchase Agreement dated April 20, 2005,
between Adelphia and Time Warner NY Cable LLC (“TWNY”), the right to purchase the
Franchisee cable system will be assigned by TWNY to a wholly owned subsidiary of
TWNY, Cable Holdco Exchange III LLC which will purchase the cable system and
franchise (the “Adelphia Transaction”); and
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WHEREAS, pursuant to an Exchange Agreement dated April 20, 2005, between
Time Warner Cable Inc. and Comcast Corporation ("Comcast"), 100% of the equity
securities in the Comcast Subsidiary C-Native Exchange I, LLC will be exchanged for
100 percent of the equity securities of Cable Holdco Exchange III, LLC, whereby that
entity will become a 100 percent indirect subsidiary of Comcast (the “Exchange
Transaction”); and
WHEREAS, Franchise Authority has concluded its approval is necessary for the
above described Adelphia Transaction and Exchange Transaction and has been
provided an FCC Form 394 and related information for such Transactions; and
WHEREAS, the Franchise Authority is willing to consent to the Adelphia
Transaction and the Exchange Transaction described above.; NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
ROANOKE, VIRGINIA, as follows:
1. The foregoing recitals are approved and incorporated herein by reference.
2. The Franchise Authority consents to the Adelphia Transaction described
herein subject to TWNY and Comcast assuming all the obligations of Adelphia,
including the obligation to remedy past defaults.
3. The Franchise Authority consents to the Exchange Transactions described
herein subject to TWNY and Comcast assuming all obligations to Adelphia, including
the obligation to remedy past defaults.
4. This Resolution shall have the force of a continuing agreement with the
Franchisee and the Franchise Authority shall not amend or otherwise alter this
Resolution without the consent of the Franchisee.
5. This Resolution shall be deemed effective upon adoption.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
3. Request to accept and appropriate a grant in the amount of
$470,000 on behalf of RADAR for the purchase of vans and
Section 5311 Monies. (John M. Chambliss, Assistant County
Administrator)
A-101105-3
Mr. Chambliss stated that approximately one year ago, RADAR completed
the construction of its new maintenance facility off Shenandoah Avenue in the vicinity of
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Shaffer’s Crossing. They received funding for much of the equipment in the form of
matching federal and state grants. He advised that this is a supplemental grant for
other equipment to be used at the facility. The grant totals $470,000 and is to be used
as follows: $100,000 for shop equipment; $50,000 for close-out construction
equipment; and $320,000 for communications system equipment which will include
automation of part of the dispatch equipment, as well as onboard system and terminals
for the buses. Mr. Chambliss indicated that 80% ($376,000) of the funds come from the
federal government, and 7.6% ($35,720) come from the state. The balance of $58,280
which is designated as local monies is provided by RADAR. There are no Roanoke
County monies appropriated for the purpose of this project. Mr. Chambliss advised that
these funds must come through a local government and be passed through to the
agency.
Supervisor Wray inquired if this will change the service in any way. Mr.
Chambliss indicated that this will basically affect close-out items on the completion of
the capital facility. Supervisor Wray further inquired if there had been any rescheduling
to pick up additional routes. Mr. Chambliss responded in the negative and stated that
their ridership is an on-demand service for qualified riders. He noted that the
communications equipment portion of the grant will be for a scheduling system, which
should allow for more efficient use of the vans and buses. He stated that additional
efficiencies will result, but the fixed route schedule will not be changed.
October 11, 2005
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Supervisor Wray moved to approve staff recommendation (accept and
appropriate a grant in the amount of $470,000 on behalf of RADAR for the purchase of
vans and Section 5311 Monies). The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. First reading of an ordinance authorizing the emergency
relocation of the Cave Spring voting precinct. (Judith Stokes,
General Registrar)
O-101105-4
Ms. Stokes advised that, on behalf of the Roanoke County Electoral
Board, she is requesting approval of an ordinance for the emergency, temporary
relocation of the Cave Spring polling precinct from the Masonic Lodge to Cave Spring
Elementary School. She stated that for various reasons, none of which are the result of
Roanoke County’s use, the Masonic Lodge has notified Roanoke County by letter that
the lodge is no longer available for use as a polling location. She indicated that at the
time of notification, it was too late to adhere to the legal requirements for a permanent
change prior to the November 8 election; therefore, a temporary emergency relocation
is being requested. She stated that they are working to secure a permanent polling
location. Ms. Stokes reported that Cave Spring Elementary School is adjacent to the
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Masonic Lodge, and notices will be mailed to the 1,920 registered voters. In addition, a
notice will be published in the Roanoke Times.
Supervisor Wray questioned if the County attempted to resolve this issue.
Ms. Stokes advised that staff tried through numerous phone calls and a letter sent by
the County Attorney, but was unable to resolve the matter. In response to an additional
inquiry from Supervisor Wray, Ms. Stokes confirmed that each registered voter in the
precinct would receive notification via a letter, as well as the notice which will be
published in the Roanoke Times.
Supervisor Wray welcomed RonKeith Adkins and Dana Martin, members
of the Electoral Board, who were present at the meeting.
In response to a comment from Supervisor Church, Ms. Stokes also noted
that today is the deadline for voter registration.
Supervisor Wray moved to adopt the ordinance and waive the second
reading. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
ORDINANCE 101105-4 AUTHORIZING THE EMERGENCY
RELOCATION OF THE CAVE SPRING VOTING PRECINCT
WHEREAS, Section 24.2-310 D of the Code of Virginia, 1950, as amended,
provides that if a polling place becomes inaccessible due to an emergency, that the
electoral board shall provide an alternative polling place subject to the prior approval of
the State Board of Elections; and
WHEREAS, Section 24.2-307 of the Code of Virginia, 1950, as amended
mandates that the governing body of each county shall establish the polling place for
each precinct in that jurisdiction by ordinance; and
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WHEREAS, the Cave Spring Lodge building has recently become unavailable for
use as a polling place for the November 8, 2005, election despite efforts by Roanoke
County officials to secure this location as a polling place; and
WHEREAS, Cave Spring Elementary School is available to serve as the new
polling place for the Cave Spring precinct; and
WHEREAS, an emergency exists due to the urgent need to notify voters in the
Cave Spring precinct of the new location of their polling place which necessitates the
adopting of this Ordinance on an emergency basis in accordance with the Roanoke
County Charter; and
WHEREAS, the first reading of this ordinance was held on October 11, 2005; and
the second reading of this ordinance has been dispensed with, since an emergency
exists, upon a 4/5ths vote of the members of the Board.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That an emergency exists due to the sudden unavailability of the Cave
Spring Masonic Lodge as the polling place for the Cave Spring precinct of the Cave
Spring Magisterial District of Roanoke County.
2. That the Cave Spring Elementary School is hereby designated as the
polling station for the Cave Spring precinct, Cave Spring Magisterial District, for the
November 8, 2005 election.
3. That the General Registrar for the County of Roanoke, Virginia, is hereby
authorized to take all measures necessary to comply with Virginia law and regulations
regarding a change in a polling precinct and for reasonable notification to the voters of
the Cave Spring precinct of this change in their polling location.
4. That the County Administrator and the General Registrar are hereby
authorized and directed to take such others actions as may be necessary to accomplish
the intent of this Ordinance.
5. That this Ordinance shall take effect immediately. The first reading of this
ordinance was held on October 11, 2005; and the second reading of this ordinance has
been dispensed with since an emergency exists, upon a 4/5ths vote of the members of
the Board.
On motion of Supervisor Wray to adopt the ordinance and waive the second
reading, and carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
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IN RE: SECOND READING OF ORDINANCES
1. Second reading of an ordinance authorizing the exercise of an
option and the acquisition of certain real estate from John T.
Parker consisting of approximately 6.28 acres for future County
use, Windsor Hills Magisterial District. (Diane D. Hyatt, Chief
Financial Officer)
O-101105-5
Ms. Hyatt advised that this is the second reading of an ordinance
authorizing the purchase of 6.28 acres of land located in the Windsor Hills Magisterial
District adjacent to Oak Grove Elementary School. She stated that this property is one
of four sites being considered for the new South County library; but in addition, it has
potential for other uses such as Parks and Recreation. The purchase price is $275,000
and the County has already paid a $5,000 option fee that will go toward the purchase
price.
Supervisor McNamara stated that he hopes this is the first of many such
ordinances where the Board begins to recognize the importance and value of acquiring
land strategically placed throughout the County for future use.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
October 11, 2005
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ORDINANCE 101105-5 AUTHORIZING THE EXERCISE OF AN OPTION
AND THE ACQUISITION OF CERTAIN REAL ESTATE FROM JOHN T.
PARKER CONSISTING OF APPROXIMATELY 6.28 ACRES (TAX MAP
NO. 67.18-1-14) FOR FUTURE COUNTY USE, WINDSOR HILLS
MAGISTERIAL DISTRICT
WHEREAS, by Action No. A-071205-1 the Board of Supervisors approved the
execution of an Option to Purchase a 6.28 acre tract of land (Tax Map No. 67.18-1-14)
adjoining Oak Grove Elementary School property from John T. Parker for future County
use for the price of $275,000; 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 September 27, 2005, and the second reading
was held on October 11, 2005.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the exercise of an option dated June 15, 2005 for the purchase of
6.28 acres of real estate (Tax Map No. 67.18-1-14) located off Grandin Road Extension
and Hathaway Drive owned by John T. Parker for the sum of Two Hundred Seventy-five
Thousand Dollars ($275,000) is hereby authorized and approved.
2. That the Board does hereby ratify, confirm, and approve the County
Administrator’s execution of a option to acquire this property on behalf of the County.
3. That funds were previously appropriated into the Library Capital Account
to pay all the costs of this acquisition.
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 acquisition of this
real estate, all of which shall be approved as to form by the County Attorney.
5. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
October 11, 2005
1128
IN RE: APPOINTMENTS
1. Building Code Board of Adjustments and Appeals (Fire Code
Board of Appeals)
Supervisor Altizer inquired if a response had been received from Ralph
Henry regarding serving an additional four-year term. The Clerk advised that Mr. Henry
has not yet responded.
2. Capital Improvement Program (CIP) Review Committee
(Appointed by District)
Supervisor Wray nominated James T. Anderson to serve as the Cave
Spring District representative. He requested that confirmation of this appointment be
placed on the consent agenda.
Supervisor McNamara nominated Brian Garber to serve as the Windsor
Hills District representative. He requested that confirmation of this appointment be
placed on the consent agenda.
3. Grievance Panel
Supervisor Altizer inquired if Joe Sgroi, Director of Human Resources, has
a recommendation for this vacancy. The Clerk advised that a recommendation for a
nominee is not yet available.
October 11, 2005
1129
IN RE: CONSENT AGENDA
R-101105-6; R-101105-6.a; R-101105-6.d
Supervisor Altizer moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
RESOLUTION 101105-6 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:
1. That the certain section of the agenda of the Board of Supervisors for October
11, 2005, 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 6, inclusive, as follows:
1. Approval of minutes –September 26 and September 27, 2005
2. Resolution of appreciation upon the retirement of Wayne R. Davis, Parks,
Recreation and Tourism Department, after thirty-two years of service
3. Request from schools to accept and appropriate grant funds in the amount of
$12,325 from Pepsi Bottling Group for the purchase of textbooks
4. Request to adopt a plan document for the Roanoke County flexible benefits
plan
5. Designation of voting delegate to the Virginia Association of Counties (VACo)
conference to be held November 13-15, 2005
6. Confirmation of committee appointments to the Capital Improvement Program
(CIP) Review Committee
2. That the Clerk to the Board is hereby authorized and directed where required
by law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
October 11, 2005
1130
RESOLUTION 101105-6.a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF WAYNE R. DAVIS, PARKS, RECREATION AND
TOURISM DEPARTMENT, AFTER THIRTY-TWO YEARS OF SERVICE
WHEREAS, Wayne R. Davis was first employed by Roanoke County on January
12, 1973, as a Motor Equipment Operator and also served as a Parks Maintenance
Supervisor; and
WHEREAS, Mr. Davis retired as a Parks Maintenance Foreman on October 1,
2005, after thirty-two years and eight months of service; and
WHEREAS, Mr. Davis assisted in the formation of the Parks Division and
provided support for new construction, repairs and improvements, and the general
maintenance and care of the parks; and
WHEREAS, Mr. Davis, through his employment with Roanoke County, has been
instrumental in improving the quality of life for its citizens by promoting safe and
aesthetically maintained parks for the enjoyment of the citizens of the Roanoke Valley.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County toWAYNE R. DAVIS for more than thirty-two years of
capable, loyal, and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
RESOLUTION 101105-6.d APPROVING THE AMENDMENTS TO THE
REVISED FLEXIBLE BENEFITS PLAN DOCUMENT FOR ROANOKE
COUNTY EFFECTIVE JULY 1, 2005
WHEREAS, Roanoke County has offered a flexible benefits plan under Section
125 of the Internal Revenue Code to its employees since 1989; and,
WHEREAS, the County desires to revise the flexible benefits plan document for
Roanoke County effective July 1, 2005 and
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, as follows:
1. That the Board ratifies, confirms and approves the revisions to the flexible
benefits plan document in order to incorporate the changes in federal law governing
Section 125 of the Internal Revenue Code “cafeteria plans” and that such revisions and
practices are approved effective July 1, 2005.
October 11, 2005
1131
2. That the County Administrator or designee is authorized to execute the
plan document on behalf of the County and to take such actions that are deemed
necessary and proper in order to implement the revisions to the plan, and to establish
accounting and administrative procedures to provide benefits under this plan.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
IN RE: REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Future Capital Projects
5. Jail Study Costs Report
6. Proclamations signed by the Chairman
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Wray: (1) He noted that the residents on Clearwood Drive
recently received letters advising that the County was stopping trash collection on their
road. He requested that Anne Marie Green, Director of General Services, schedule a
meeting with the residents to work out a solution. Ms. Green advised that one option
under consideration is the use of a dumpster at Clearbrook Elementary School, pending
October 11, 2005
1132
an agreement with the schools. She stated that this is a solution that many of the
residents support. (2) He thanked Rebecca Mahoney for the reports she provides the
Board members regarding violations in each district. (3) He advised that Friends of the
Blue Ridge Parkway will hold a tree planting on Saturday, November 5 from 9 a.m. until
1 p.m. at milepost 125.5 near Mason’s Crest. The phone number to contact for
additional information or to volunteer is 772-2992. (4) He stated that the Small
Business Awards ceremony was held recently and Roanoke County had 13 businesses
or individuals nominated in 10 categories. He recognized the following County
businesses that received awards: Fralin & Waldron, Inc., Plastics One, and Synchrony,
Inc. He further advised that the Small Business of the Year Award was presented to
Plastics One. (5) He advised that a VDOT open forum will be held on Monday, October
24 from 5-7 p.m. at the Roanoke County Administration Center to discuss Colonial
Avenue. (6) He reported that VDOT will hold a meeting at Clearbrook Elementary
School on Thursday, October 20 from 4-6 p.m. to discuss the Boones Chapel Bridge
project. (7) He inquired if the County has received the easement agreement for
Sunscape. Joe Obenshain, Senior Assistant County Attorney, advised that it is
anticipated that the easement agreement will be received this week. (8) He stated that
he would entertain a challenge between the Board of Supervisors and the School Board
to play a game of flag or touch football at Cave Spring Middle School. He noted that
Supervisor Flora was interviewed recently with respect to the conditions of the football
field.
October 11, 2005
1133
Supervisor Flora: (1) He stated that the Board’s physical condition would
be a bigger factor in such a game than the condition of the field. (2) He thanked Joe
Obenshain for his efforts in getting the double wide mobile home in North Hills moved.
Mr. Obenshain advised that the attorneys will be dismissing the appeal in this matter.
(3) He stated that the National School Board Association has invited the Roanoke
County School Board to make a presentation at their next conference regarding the
funding for their Capital Improvements Plan. He noted that this program is getting
national attention, and he commended the Board of Supervisors and School Board for
developing this model.
Supervisor McNamara: (1) He referenced a letter outlining conceptual
ideas for the Brambleton Avenue/Colonial Avenue/Merriman Road corridor which was
sent by Anthony Ford to VDOT. He stated that his concerns relate to the proposal for
improvement of thru-traffic movement on Route 221 and he questioned if improvements
to this corridor would be at the expense of the feeder roads. Arnold Covey, Director of
Community Development, advised that the objective was to provide information so that
people were aware that corrections were being made to Route 221 to improve signal
light synchronization and reduce cut-through traffic on side roads. Supervisor
McNamara also stated that when Hidden Valley High School was built, there was
discussion regarding two entrances and exits; however, the final design resulted in one
entrance and exit. He noted that at the Pleasant Hill Drive intersection, there are times
when cars back up as far as Titan Trail. He stated that if any changes are made which
October 11, 2005
1134
degrade that egress, it will result in new problems in the Pleasant Hill Drive area and
this should be taken into consideration. Mr. Covey advised that this will be given
consideration, particularly with respect to peak traffic hours. (2) He advised that he has
been contacted by citizens regarding a blind curve in the area of Hickory Hills and
Keagy Road. He requested that Mr. Covey meet with the citizens regarding the
possible installation of mirrors to improve sight distance.
Supervisor Altizer: He asked that Mr. Covey meet with him following the
meeting regarding concerns expressed by Mr. Kendrick who lives in a townhouse on
Route 460.
IN RE: CLOSED MEETING
At 4:12 p.m., Supervisor Altizer moved to go into closed meeting following
the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (5) discussion
concerning a prospective business or industry where no previous announcement has
been made. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
th
IN RE: WORK SESSIONS (4 Floor Conference Room)
1. Work session to provide an update on Roanoke Valley
Greenways. (Liz Belcher, Roanoke Valley Greenway Coordinator)
(a) Update on Roanoke Valley Greenway Plan
(b) Update on Green Hill Park and Roanoke River Greenway
October 11, 2005
1135
The work session was held from 4:28 p.m. until 5:07 p.m. Ms. Belcher
provided a brief history of the Greenway Plan which was developed in 1995 and
adopted in 1997. She advised that the Greenway Commission, in conjunction with the
Roanoke Valley Alleghany Regional Commission, is in the process of updating the plan.
Projects for 2005-2006 include Hanging Rock bridge; Wolf Creek Greenway; Blue Ridge
Parkway Trail Plan; and the Roanoke River Greenway and Blueway, which is the
priority project for the Greenway Commission.
Mr. Haislip advised that the Green Hill Park section of the greenway has
been in the planning phase for approximately 3 years and Salem has taken the lead role
in the design and construction of this portion of the Roanoke River Greenway. He
advised that the original concept was developed based on public input regarding the
best route. Following the public meetings, it was determined that the north side (Salem
side of the river) would be the preferred location of the greenway. Mr. Haislip stated
that City of Salem officials have recently advised that they do not think they can
accommodate the trail on the north side, and would like for the trail to be redesigned
and moved to the south side of the river. He requested guidance from the Board
regarding the proposed relocation to the south side of the river. There was a consensus
of the Board that it would be cost prohibitive to switch the greenway to the south side of
the river and that this change would not be supported.
October 11, 2005
1136
2. Work session to review the Bikeway Plan for the Roanoke Valley
Area MPO. (Anthony Ford, Transportation Engineering Manager )
The work session was held from 5:07 p.m. until 5:25 p.m. Shane Sawyer,
Regional Planner II, briefed the Board on the Bikeway Plan for the Roanoke Valley
which was adopted by the Roanoke Valley Area Metropolitan Planning Organization
(MPO) in August 2005. This plan replaces the 1997 Bikeway Plan for the Roanoke
Valley and covers the cities of Roanoke and Salem, the urbanized portions of Roanoke
and Botetourt Counties, and the Town of Vinton. The following information was
presented in the briefing: data on existing on-street bicycle accommodations, off-road
bicycle accommodations, ancillary accommodations, implementation of the bikeway
plan, and information regarding related projects such as the updates to the Rural
Bikeway Plan and the Roanoke Valley Greenways Plan.
Mr. Ford stated that the main difference in the current plan update and the
1997 plan is that every route in Roanoke County was included in the 1997 plan. Under
the new plan implemented by VDOT in 2004, every project is initiated with the
assumption that bicycle and pedestrian accommodations will be provided.
Mr. Ford advised that this matter should be brought back to the Board at a
future date in the form of a resolution adopting Roanoke County’s bikeway plan for the
urbanized MPO area. The Board members advised that they will review the plan prior
to taking action in the future.
October 11, 2005
1137
3. Work session to discuss natural hazards mitigation plan for
Roanoke County. (George Simpson, Assistant Director of
Community Development)
The work session was held from 5:55 p.m. until 6:17 p.m. Mr. Simpson
advised that the intent of the plan is to prepare for natural hazards before they occur.
The new law requires that a plan be in place in order to be eligible for certain federal
grants. The goals of the Stafford Act Revisions – Section 322 are to save lives, reduce
damage and economic losses, minimize social disruption, resume operations more
quickly, have shorter recovery periods, and be more attractive to individuals and
businesses. Mr. Simpson advised that this plan is being approached on a regional
basis and that six types of mitigation measures were considered: prevention, property
protection, public education and awareness, natural resource protection, emergency
services, and structural projects.
Mr. Simpson advised that the plan requires adoption by the Board and it
will then be sent to the Federal Emergency Management Agency (FEMA) for review.
Once reviewed and returned, the matter will be sent to the Planning Commission as an
amendment to the comprehensive plan. It will then come back to the Board for adoption
as part of the comprehensive plan.
Mr. Simpson reviewed a list of typical grant projects and provided the cost
of the project, grant amount, and amount of County match required. He reviewed the
types of natural hazards included in this planning process which included landslides,
October 11, 2005
1138
winter storms, hurricanes, etc. He advised that the County would like to continue with
their practice of purchasing flood-prone homes.
There was a consensus of the Board to proceed with the approach as
outlined in the work session.
IN RE: CLOSED MEETING
The closed meeting was held from 5:33 p.m. until 5:44 p.m.
IN RE: ABSENCE
Supervisor McNamara left the meeting at 6:20 p.m.
IN RE: CERTIFICATION RESOLUTION
R-101105-7
At 6:23 p.m., Supervisor Altizer moved to return to open session and
adopt the certification resolution. The motion carried by the following recorded vote:
AYES: Supervisors Church, Wray, Flora, Altizer
NAYS: None
ABSENT: Supervisor McNamara
RESOLUTION 101105-7 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 members
knowledge:
October 11, 2005
1139
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 Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Church, Wray, Flora, Altizer
NAYS: None
ABSENT: Supervisor McNamara
IN RE: NEW BUSINESS
1. Resolution adopting a natural hazards mitigation plan for
Roanoke County in coordination with Roanoke Valley-Alleghany
Regional Commission communities. (George Simpson, Assistant
Director of Community Development)
R-101105-8
Mr. Simpson advised that the Board is being requested to adopt a
resolution that would approve the regional pre-disaster mitigation plan, which was
prepared by the Roanoke Valley Alleghany Regional Commission (RVARC) and
encompasses 14 localities. The plan was coordinated with the Virginia Department of
Emergency Management and will be coordinated with the Federal Emergency
Management Agency (FEMA). The purpose of the plan is to examine disasters and
their effects prior to their occurrence and plan accordingly to be prepared for future
disasters. The plan examines potential hazards such as floods, hurricanes, wildfires,
winter storms, landslides, tornadoes, earthquakes, etc. A risk assessment has been
October 11, 2005
1140
prepared for each potential hazard and how to mitigate them and prevent damages.
The RVARC has, with the 14 localities, developed a regional plan that incorporates a
separate plan for each locality. Each plan is similar in nature and it was noted that
natural hazards cross boundaries between localities. Mr. Simpson stated that once
adopted, the plan will be reviewed by FEMA. It will then go to the Roanoke County
Planning Commission for incorporation as part of the comprehensive plan. It will
subsequently come back to the Board of Supervisors for adoption as an amendment to
the comprehensive plan.
Supervisor Church stated that this is preparedness and everyone in the
valley will benefit from this action. He noted that the Fire and Rescue Department
recently developed pamphlets advising families how to respond in an emergency. He
stated that if we can communicate these plans to our citizens, it will help us be better
prepared in the event of an emergency.
Supervisor Wray concurred with Supervisor Church’s comments and
stated that recent events have shed light on the need for emergency preparedness. He
noted the tendency for flooding problems in our area, and asked Mr. Simpson to
elaborate on the costs and the participation of FEMA with respect to funding. Mr.
Simpson stated that some of the types of projects that have been considered by
Roanoke County are eligible for FEMA or federal funds. For example, three grants that
the County has acquired have dealt with purchasing flood-prone homes. He advised
that the initial grant was for 95% federal funds, leaving a 5% share to be borne by the
October 11, 2005
1141
County. If the drainage crew is involved in making repairs, this remaining 5% is
considered an in-kind share for the County; therefore, the 5% cost can be reduced to
one to three cents on the dollar expense to the County. He stated that the County’s
projects typically involve minimal costs for these mitigation projects.
Supervisor Flora stated that when it comes to a disaster, there can not be
enough planning. He indicated that mitigation is reducing the impact or removing from
harms way something that may be potentially damaged or lost. To mitigate the disaster,
we reduce the impact when it occurs. He advised that it is important that we identify, as
staff is currently doing, the homes which are in the flood plain and can be purchased.
He noted that this is a voluntary purchase program and the homeowner can decline the
offer. He also asked that County staff identify bridges and culverts susceptible to
flooding. He voiced support for the program.
Supervisor Altizer stated that the County can not afford to not have a plan,
or to not accept the federal funds which are available for this purpose.
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Church, Wray, Flora, Altizer
NAYS: None
ABSENT: Supervisor McNamara
1142
October 11, 2005
RESOLUTION 101105-8 ADOPTING A NATURAL HAZARDS
MITIGATION PLAN FOR ROANOKE COUNTY IN COORDINATION
WITH ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION
COMMUNITIES
WHEREAS, the Disaster Mitigation Act of 2000, as amended, requires that local
governments develop and adopt natural hazard mitigation plans in order to receive
certain federal assistance, and
WHEREAS, a Mitigation Advisory Committee ("MAC") comprised of
representatives from the counties of Alleghany, Botetourt, Craig and Roanoke; the cities
of Covington, Roanoke and Salem; and the towns of Buchanan, Clifton Forge,
Fincastle, Iron Gate, New Castle, Troutville and Vinton was convened in order to study
the Roanoke Valley-Alleghany Regional Commission's risks from, and vulnerabilities to,
natural hazards, and to make recommendations on mitigating the effects of such
hazards on the Roanoke Valley-Alleghany Region; and
WHEREAS, the efforts of the MAC members and the Roanoke Valley-Alleghany
Regional Commission, in consultation with members of the public, private and non-profit
sectors, have resulted in the development of a Hazard Mitigation Plan for the Roanoke
Valley-Alleghany Regional Commission including the County of Roanoke, Virginia.
NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that the Hazard Mitigation Plan dated September 6, 2005 is hereby
approved and adopted for the County of Roanoke.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Church, Wray, Flora, Altizer
NAYS: None
ABSENT: Supervisor McNamara
IN RE:
ADJOURNMENT
Chairman Altizer adjourned the meeting at 6:31 p.m.
Submitted by:
Approved by:
~úJQJ$.a~
Diane S. Childers, CMC
Clerk to the Board
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Michael W. Altizer
Chairman