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7/14/2009 - RegularJuly 14, 2009 551 County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 July 14, 2009 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 July 2009. IN RE: CALL TO ORDER Chairman Altizer called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael W. Altizer, Vice-Chairman Joseph P. McNamara, Supervisors Richard C. Flora, Charlotte A. Moore MEMBERS ABSENT: Supervisor Joseph B. "Butch" Church STAFF PRESENT: B. Clayton Goodman III, County Administrator; John M. Chambliss, Jr., Assistant County Administrator; Daniel R. O'Donnell, Assistant County Administrator; Paul M. Mahoney, County Attorney; Becky R. Meador, Clerk to the Board; Teresa Hamilton Hall, Public Information Director IN RE: OPENING CEREMONIES The invocation was given by Reverend Monsignor Joseph P. Lehman, Our Lady of Nazareth Catholic Church. The Pledge of Allegiance was recited by all present. 552 July 14, 2009 IN RE: REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney requested that a closed meeting with two items be added pursuant to the Code of Virginia: (1) Section 2.2-3711.A.7. consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, information concerning the operation of and expenditure of public funds and donated funds by Clearbrook Volunteer Fire Company and Clearbrook First Aid and Rescue Squad, Inc.; and (2) Section 2.2-3711.A.29. to discuss the award of a public contract with private developers and the Western Virginia Water Authority for the extension of public sewer in the Hanging Rock area, involving the expenditure of public funds and discussion of the terms and scope of such contract, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the County. There were no objections to adding the closed meeting. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to John M. Chambliss, Jr., Assistant Countv Administrator, upon his retirement after thirty- six years of service R-071409-1 Chairman Altizer presented the resolution to Mr. Chambliss. Also attending the meeting was his wife, Judy Chambliss. July 14, 2009 553 Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Church Chairman Altizer advised that although Mr. Chambliss was retiring from Roanoke County, he was taking on a prestigious role with the Masons and will be heavily involved with that organization. He advised that it has been a pleasure to work with and be associated with Mr. Chambliss through the past seven years. He expressed appreciation for Mr. Chambliss' efforts on behalf of the County. Supervisor Flora advised that the decision to hire Mr. Chambliss was one of the best decisions the County has ever made and he was pleased to have been part of that decision. Mr. Chambliss has the respect of everyone he has worked with locally and around the state and fulfilled the role of the conscience of Roanoke County. He wished Mr. Chambliss the best in the future. Supervisor Moore advised that Mr. Chambliss should receive a reward for being a master of patience because he dealt with everything with a smile and never seemed stressed. He has done an excellent job and she wished him and his wife many blessings in the future. 554 ~uiy ~ 4, Zoo9 Supervisor McNamara advised that it was great to work with Mr. Chambliss for the past twelve years. Mr. Chambliss leaves with everyone's respect and not only for his work with the County but also for his volunteer services. He was always willing to take on any task without frustration and was a role model. He wished Mr. Chambliss the best in the future. Mr. Chambliss thanked the Board members for their kind remarks and for the privilege and opportunity of serving as interim County Administrator. He advised that the Board made an excellent choice by selecting Clay Goodman, whom he has known for years and admires, as County Administrator. He advised that Paul Mahoney, who also served a successful term as interim County Administrator, proved to him the value of teamwork to make good decisions and the County is also fortunate to have excellent senior managers, including Dan O'Donnell, Diane Hyatt and Elaine Carver, as well as excellent department directors. The acknowledgments of the Roanoke area as one of the better places to live or work are due to the community's efforts and the Board's leadership role. The budget dilemma last year was very challenging; however, because all departments worked together and made sacrifices, the budget was approved with minimal reduction of citizen services and without having to lay off employees. He hopes that the County will weather the budget storm ahead, the economy will improve and better times will return. He expressed appreciation to the leaders of school systems that continue to provide education for young people. He thanked the Board for the privilege ~uiy ~ 4, Zoo9 555 of working for the County and wished the members of the Board success as they continue to lead the community. RESOLUTION 071409-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JOHN M. CHAMBLISS, JR., ASSISTANT COUNTY ADMINISTRATOR, UPON HIS RETIREMENT AFTER THIRTY-SIX YEARS OF SERVICE WHEREAS, John M. Chambliss, Jr. was first employed by Roanoke County on June 11, 1973, as Assistant Finance Officer and was promoted to Assistant Director of Finance on July 1, 1976, where he served until July 1, 1978, when he was promoted to Director of Finance; and WHEREAS, he was promoted to Assistant County Administrator on March 1, 1986, and acted as Interim County Administrator, from July 1, 2008 through March 15, 2009, during which time he skillfully guided staff and departments through an extremely challenging budgetary period; and WHEREAS, Mr. Chambliss will retire from Roanoke County on July 31, 2009, as Assistant County Administrator after thirty-six years and one month of service; and WHEREAS, Mr. Chambliss, has been influential in the design and success of numerous projects which have benefited not only the citizens of Roanoke County, but those in the surrounding region as well, including the Community Policy and Management Team, the Regional Juvenile Detention Center and a new facility for the Society for the Prevention of Cruelty to Animals and its governing Municipal Panel; and WHEREAS, Mr. Chambliss was responsible for the CORTRAN program since its inception, providing much needed public transportation for the elderly and handicapped citizens of the County; and WHEREAS, most recently, he was instrumental in the formation of the Western Virginia Regional Jail Authority, serving on its Board and as Roanoke County's administrator for the site selection, development and successful completion of the facility; and WHEREAS, Mr. Chambliss represented Roanoke County on numerous advisory boards and committees to include the Court Community Corrections Program Regional Community Criminal Justice Board, the Regional Center for Animal Control and Protection, the Roanoke Valley Juvenile Detention Commission and the Roanoke Valley Resource Authority; and WHEREAS, he also served the community for thirteen years as a volunteer firefighter, reaching the rank of Volunteer Captain of Company 3, and currently serves as President for that organization; and, WHEREAS, throughout his tenure with Roanoke County, Mr. Chambliss has displayed the highest standards of integrity, honor, and character and has, with 556 ~uiy ~ 4, Zoo9 compassion, consistently improved the quality of life for his fellow employees and citizens. 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 to JOHN M. CHAMBLISS, JR. for more than thirty-six 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 Moore, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Church IN RE: NEW BUSINESS 1. Request to appropriate 195 204 to compensate the City of Roanoke for the fair value of the firin range and drivin range John M. Chambliss, Jr., Assistant County Administrator) A-071409-2 Mr. Chambliss advised that it was somewhat appropriate that he was spending money as his last official act. He stated that the County has worked through negotiations with the City of Roanoke in the process of closing the firing range for cleanup and renovations and closing the driving range that was utilized by the police and law enforcement agencies. The contract with the City of Roanoke required that the County reimburse the City on a pro rata basis for their investment in these facilities. The amount agreed upon with the City was $195,204. He requested that the Board approve the staff's recommendation to appropriate these funds from the minor County capital July 14, 2009 557 fund for payment to Roanoke City. He advised that Ray Lavinder, Chief of Police, was present to answer questions. There was no discussion. Supervisor Altizer moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Church 2. Resolution granting a waiver under Section 13-23 of the Roanoke Countv Code to the provisions of the County's noise ordinance, Article II. Noise of Chapter 13. Offenses -miscellaneous of the Roanoke Countv Code, to Firstchoice Public Private Partners, LLC Dan O'Donnell, Assistant Countv Administrator) R-071409-3 Mr. O'Donnell advised that Firstchoice Public Private Partners has requested a waiver from the County's noise ordinance to use a 1200 kilowatt diesel generator on a continuous basis between the dates of August 1 and September 30, 2009, to climatize the Green Ridge Recreation Center on Wood Haven Road. The operation of the generator is necessary to provide climate control in order to ensure the quality application of the interior building finishes. Permanent power may be provided as early as August 21, 2009, possibly shortening the duration of the operation of the 558 July 14, 2009 generator and the request is made through the month of September as a precaution. Mr. O'Donnell explained that because an operational generator will create some noise after the hours permitted by the County's noise ordinance, this request is being made. He advised that the County Attorney also recommended that the request for a waiver of the noise ordinance be made. There was no discussion. Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Church RESOLUTION 071409-3 GRANTING A WAIVER UNDER SECTION 13- 23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13. OFFENSES -MISCELLANEOUS OF THE ROANOKE COUNTY CODE, TO FIRSTCHOICE PUBLIC PRIVATE PARTNERS, LLC WHEREAS, Firstchoice Public Private Partners, LLC, the contractor for the Roanoke County Multigenerational Recreation Center, for the purposes of climatizing the interior of the structure in order to apply building finishes, has requested a waiver of the County's noise ordinance as contemplated under Section 13-23. Undue hardship waiver to permit the running of a large generator beginning on August 1, 2009 and ending on September 30, 2009; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance Article II. Noise of Chapter 13. Offenses - Miscellaneous to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Section 13-23 and after making certain alternative findings. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. In making its determination as to whether to grant the requested waiver to the July 14, 2009 559 Firstchoice Public Private Partners, LLC from the County's noise ordinance, the Board of Supervisors has considered the following factors: The time of day the noise will occur and the duration of the noise: Beginning at approximately 5:00 p.m. on August 1, 2009, and ending 12:00 p.m. on September 30, 2009; the noise will occur and last 24 hours a day. Although permanent power may be at the building as soon as August 21 allowing for the generator to be discontinued, the date of September 30 is the date requested in case of possible delays. Whether the noise is intermittent or continuous: The noise produced by the generator at the Multi-Generational Recreation Center, located at the intersection of Woodhaven Road and Valleypointe Parkway, will be continuous. The extensiveness of the noise: The generator will be located to the rear of the building, between the structure and Route 581. The sound will not be audible at any residence except for the possibility of one house located across the street from the construction entrance on Woodhaven Road. The noise level at the one house will be minimal. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: The generator has to be operated for 24 hours per day, 7 days per week in order to climatize the building to ensure finishes are properly applied until permanent power can be delivered, therefore it is not technically feasible to conform with the noise ordinance unless completion of the project is delayed several weeks. Other matters related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship resulting from enforcement of the ordinance: none. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The operation of the generator is necessary for the completion of the Multi-Generational Recreation Center unless significant delays are accepted by the County. Not granting the waiver would result in the contractor being unable to complete the project in accordance with the project schedule, thereby suffering substantial penalties for non-compliance with the Comprehensive Agreement. Furthermore, denying the waiver request would cause the facility opening to be delayed to the detriment of the community. 2. The Board of Supervisors makes the following finding: Compliance with the provisions of the County's noise ordinance concerning the specific act of noise disturbance by construction machinery or operations under subsection (1) of Section 13-21. Specific acts as noise disturbance or under the provision of Section 13-20. General prohibition would produce serious economic hardship for Firstchoice Public Private Partners, LLC, without producing any substantial benefit to the public. 560 July 14, 2009 3. That the provisions of Section13-21. Specific acts as noise, subsection (1) and Section 13-20. General prohibition of Article II. Noise of Chapter 13. Offenses - Miscellaneous be WAIVED for a period from August 1, 2009 until September 30, 2009. 4. This Waiver is granted specifically to Firstchoice Public Private Partners, LLC, its officers, employees and agents for the operation of a generator at the Multi- Generational Recreation Center construction site in Roanoke County, Virginia for work performed between August 1, 2009 and September 30, 2009. 5. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 6. That this Resolution shall be in full force and effect from its passage. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Church IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing the vacation of portions of right-of-way of Brentwood Court on I~at of Section No. 3 of Kingston Court, in Plat Book 11, page 39, of the Roanoke County Circuit Court Clerk's Office, and retaining ublic utility easements, said right-of-way located in the Windsor Hills Magisterial District Arnold Covey, Director of Community Development) Tarek Moneir, Deputy Director of Development Services, presented the staff report for this item. Mr. Moneir advised that staff usually recommends vacating a right-of-way that is not needed by the County or the Virginia Department of Transportation (VDOT). He pointed out that several months ago staff requested and the Board approved vacating this same right-of-way. The reason for coming back to the July 14, 2009 561 Board with another request for vacation at this time is because VDOT changed its process. Basically, staff is repeating the same process as before and is recommending that the Board approve the first reading of the ordinance for vacating the right-of-way and schedule the public hearing for July 28, 2009. There was no discussion. Supervisor Altizer moved to approve the first reading and set the second reading for July 28, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Church IN RE: CONSENT AGENDA R-071409-4; R-071409-4.a; R-071409-4.b Supervisor Flora moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Church RESOLUTION 071409-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 562 July 14, 2009 That the certain section of the agenda of the Board of Supervisors for July 14, 2009 designated as Item G -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3 inclusive, as follows: 1. Resolution accepting Tolman Circle and a portion of Crumpacker Drive into the Virginia Department of Transportation Secondary Road System 2. Resolution authorizing the application, acceptance and appropriation of grant funds in the amount of $100,000 from the Department of Homeland Security (DHS), administered through the Virginia Department of Emergency Management, to the Department of Fire and Rescue to support the Regional Technical Rescue Team 3. Request to accept and appropriate funds in the amount of $143,832 for the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) 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 Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Church RESOLUTION 071409-4.a ACCEPTING TOLMAN CIRCLE AND A PORTION OF CRUMPACKER DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM WHEREAS, the streets described on the attached VDOT Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. ~uiy ~ 4, Zoo9 563 BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Recorded Vote: Moved by: Supervisor Flora Seconded by: None Required Yeas: Suoervisors Moore. Flora. McNamara. Altizer Nays: None Absent: Supervisor Church RESOLUTION 071409-4.b AUTHORIZING THE APPLICATION, ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS IN THE AMOUNT OF $100,000 FROM THE DEPARTMENT OF HOMELAND SECURITY (DHS), ADMINISTERED THROUGH THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT, TO THE DEPARTMENT OF FIRE AND RESCUE TO SUPPORT THE REGIONAL TECHNICAL RESCUE TEAM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that B. Clayton Goodman, III, County Administrator, or his designee, is hereby authorized to execute for and on behalf of Roanoke County, a public entity established under the laws of the State of Virginia, this application and to file it in the appropriate State Office for the purpose of obtaining certain Federal financial assistance under the National Preparedness Directorate, United States Department of Homeland Security (DHS), administered by the Commonwealth of Virginia. That, Roanoke County, a public entity established under the laws of the Commonwealth of Virginia, hereby authorizes it agent to provide to the Commonwealth and to the DHS for all matters pertaining to such Federal financial assistance any and all information pertaining to these Grants as may be requested. FURTHER, the Board of Supervisors of Roanoke County authorizes the acceptance of said grant monies in the amount of $100,000 and authorizes the appropriation of said monies for the purposes authorized in the grant application. On motion of Supervisor Flora to adopt this resolution and passed and approved this 14t" day of July, 2009 by the following vote: AYES: Supervisors Moore, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Church 564 ~uiy ~ 4, Zoo9 IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Church 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Flora: (1) He suggested to Mr. Goodman that Roanoke County might be a co-sponsor for the Interstate 81 Coalition conference and third annual meeting to be held at the Hotel Roanoke in October. The coalition consists of every state that Interstate 81 runs through from New York to Tennessee. The purpose of the coalition is to make sure the interests and land use regulations with local and state governments are kept in the forefront of anything that happens in their localities in that corridor. They are also looking at Virginia Tech to be a co-sponsor and perhaps the New River Valley Regional Commission. He will also contact the 5t" District officials. (2) He informed Arnold Covey that the residents of Innsbrooke Drive were delighted with the results of the work completed by the Community Development Department. They sincerely appreciate it. ~uiy ~ 4, Zoo9 565 Supervisor McNamara: He discussed a recent follow-up article in The Roanoker Magazine concerning the real estate tax burden in various municipalities. He feels the chart included in the article was misleading. He stated that Roanoke City is at the top of the eleven major cities in Virginia depicted in the article. The tax burden on a typical $200,000 home was illustrated. Roanoke County was not included in the comparison. He felt the information was misleading because it does not compare median house value to median income. He stated that a $200,000 house in Alexandria is not large enough for two people to live in and in the same priced home in Roanoke you could live with your in-laws. He is interested to know how Roanoke County falls into this scenario. He requested that staff thoroughly analyze data of this same type for Roanoke County and similar localities based on the median house value, not average sale price, and the median income. He also mentioned that CNNMoney.com named Roanoke County as one of the 100 best places to live based on the quality of life, which included the criteria of quality of schools, fire and rescue, and low tax rates. Roanoke County was one of only three Virginia localities on the list. He felt it interesting that two articles based on objective data can be so contradictory. He asked that the data compiled by staff be sent by email to him, Cody Lowe and anyone else who may have an interest. Supervisor Moore: She thanked the Commissioner of Revenue's Office for adopting the Japanese Flower Garden at the Roanoke County Administration Building. She stated this is a great way to show your support in these very difficult times. It is a 566 July 14, 2009 way to work together to make communities look nice and she urged other departments and all citizens to adopt a highway or garden. Supervisor Altizer: He thanked VDOT for their work on the Jae Valley Road/Route 116 closure. He felt they did a great job on the signage for the detour. He felt everyone was well informed. There has been good response. He stated that VDOT sometimes gets "raked over the coals" and wanted them to know he appreciates their hard work. He also thanked the County staff for working with VDOT on the project. He stated it was a job well done. IN RE: CLOSED MEETING At 3:38 p.m., Supervisor Altizer moved to go into closed meeting pursuant to the Code of Virginia: (1) Section 2.2-3711.A.7. consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, information concerning the operation of and expenditure of public funds and donated funds by Clearbrook Volunteer Fire Company and Clearbrook First Aid and Rescue Squad, Inc.; and (2) Section 2.2-3711.A.29. to discuss the award of a public contract with private developers and the Western Virginia Water Authority for the extension of public sewer in the Hanging Rock area, involving the expenditure of public funds and discussion of the terms and scope of such contract, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the County. The motion carried by the following recorded vote: July 14, 2009 567 AYES: Supervisors Moore, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Church IN RE INFORMATION ABOUT JULY MEETINGS Chairman Altizer stated that the 7:00 p.m. evening session will not be held at the Board meeting on Tuesday, July 28, 2009, because there are no advertised public hearings. He pointed out that the Board meeting on July 28, 2009, will begin at 3:00 p.m. as scheduled. Chairman Altizer advised that there will be a special, joint meeting on July 21, 2009, at 5:30 p.m. with Vinton Town Council to discuss the merging of 9-1-1 services. IN RE: CLOSED MEETING The closed meeting was held from 3:50 p.m. until 4:27 p.m. Supervisor Altizer excused himself from the closed meeting at 4:24 p.m. and was not present for the second item of the closed meeting concerning the Western Virginia Water Authority. 568 July 14, 2009 IN RE: WORK SESSIONS 1. Work session on restricting through truck traffic on Route 116 Jae Valley Road The work session was held from 4:33 p.m. until 5:18 p.m. Chairman Altizer welcomed those present from Franklin County. Some in attendance were Boone District Supervisor David Hurt; Assistant County Administrator Christopher Whitlow; Sheriff Ewell Hunt; Lieutenant Mark Sweeney and Aaron Burdick, Senior Planner/Current Planning Manager. Also attending was Resident Manager Tony Handy of the Virginia Department of Transportation (VDOT). Philip Thompson, Deputy Director of Planning, presented a workflow chart showing the process to restrict through truck traffic on Route 116. The process for restricting traffic on a primary highway is complex and time-consuming. In summary, a locality would have to hold a public hearing and approve a resolution restricting tractor- trailers on Route 116 and send that resolution to VDOT, which would then conduct a study, evaluation and obtain public comments before forwarding its findings to the Commonwealth Transportation Board (CTB). The CTB would make the final decision on whether there should be a restriction for tractor-trailers. The entire process takes approximately nine months to complete. Since Route 116 winds through both Roanoke County and Franklin County, both localities would need to approve resolutions using the same language. July 14, 2009 569 Mr. Thompson reviewed the criteria for restricting through truck traffic. Copies of the informational slides shown were distributed. The four criteria are: (1) Reasonable alternate routing is provided. (2) Character and/or frequency of truck traffic are not compatible with the affected area. (3) Roadway is residential in nature. (4) Roadway must be functionally classified as either a local or collector. The opinion expressed by VDOT staff was that the probability of having through truck traffic prohibited on Route 116 would be favorable and the next step would be to determine the criteria for the types of trucks to be prohibited. The information to be considered would include such things as the truck length and number of axels. There was discussion of interim steps that could be implemented while the project was being developed. It was stated that VDOT will increase signage on Route 116 in both Roanoke and Franklin Counties and on Route 122 in Franklin County. Supervisor Altizer requested, with the consent of the Board, that staff move forward to restrict through truck traffic on Route 116. There was consensus of the Board to move forward. Supervisor Altizer also requested that Franklin County move forward and that staff from Franklin and Roanoke Counties work together on the specifics of the process. He thanked those present from Franklin County and VDOT for their participation in the work session. It was stated that at the meeting of the Franklin County Board of Supervisors on Tuesday, July 21, 2009, their staff will present a briefing on this issue. 570 July 14, 2009 IN RE: CERTIFICATION RESOLUTION R-071409-5 At 5:18 p.m., Supervisor Moore moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Church RESOLUTION 071409-5 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 Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Flora, McNamara, Altizer NAYS: None ABSENT: Supervisor Church July 14, 2009 571 ~~~ar~ ~~~~, I ,~ ~! a:~ ~r~ fir ~p~~~, j~infi m~~#ir~ vi the it ~Trr~ ~rtil ~ ~l~ l~ ~int~ ~~ I~~~l, ~ ~s "'~hir~r~ Av~r~~~, ~r~. ~u~ntte~ b~~y: ~~ ~' Y ~I~~ to t 572 July 14, 2009 This page left blank intentionally.