HomeMy WebLinkAbout7/13/2010 - RegularJuly 13, 2010 23g
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of July 2010. 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: CALL TO ORDER
Chairman Church called the meeting to order at 3:00 p.m.
MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Eddie
"Ed" Elswick, Supervisors Michael W. Altizer, Richard C.
Flora, Charlotte A. Moore
MEMBERS ABSENT: None
STAFF PRESENT: B. Clayton Goodman III, County Administrator; Daniel R.
O'Donnell, Assistant County Administrator; Diane D. Hyatt,
Assistant County Administrator; Paul M. Mahoney, County
Attorney; Becky R. Meador, Clerk to the Board; Teresa
Hamilton Hall, Director of Public Information
IN RE: OPENING CEREMONIES
The invocation was given by Pastor Michael Duval of Journey Church.
The Pledge of Allegiance was recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Church requested the agenda items for Work Sessions and
Closed Meeting be placed before the agenda item for Reports and Inquiries of Board
Members for continuity. There were no objections.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Captain Charles R. Hart,
240 July 13, 2010
Deputy Sheriff, upon his retirement after more than thirty-four
years of service
Sheriff Winston was in attendance to assist in the presentation of the
resolution.
RESOLUTION 071310-1 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
CAPTAIN CHARLES R. HART, DEPUTY SHERIFF, UPON HIS
RETIREMENT AFTER MORE THAN THIRTY-FOUR YEARS OF
SERVICE
WHEREAS, Charles R. Hart was hired on May 16, 1976, as a Deputy Sheriff-
Uniform Patrol and was promoted to Deputy Sheriff-Corporal-Uniform Patrol; Deputy
Sheriff-Sergeant-Uniform Patrol; Deputy Sheriff-Lieutenant-Uniform Patrol; Police-
Lieutenant and finally to Deputy Sheriff-Captain of the Civil Division on January 1, 1992;
and
WHEREAS, Captain Hart retired as Deputy Sheriff on June 30, 2010, after a total
of thirty-four years and two months of devoted, steadfast and competent service with
the County; and
WHEREAS, during his tenure, Captain Hart was actively involved in the initial
formation of the Police Department by serving on numerous steering committees, which
helped shape its look and operation; and
WHEREAS, Captain Hart was a member of the Roanoke Sheriff's office Special
Weapons and Tactics (SWAT) Team and served in the capacities of sniper, entry team
member and Assistant Team Commander; and
WHEREAS, Captain Hart coordinated two of the Roanoke Valley Law
Enforcement Memorial Services and was heavily involved in the Virginia Law
Enforcement Torch Run for Special Olympics, serving as Liaison to the Region Director,
Liaison to the State Chairman and Chairman of the Torch Run Executive Council and is
a member of the Virginia Torch Run Hall of Fame.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to CAPTAIN CHARLES R. HART for more than thirty-four 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 Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
July 13, 2010 241
IN RE: NEW BUSINESS
1. Request for approval of revisions to the Roanoke County
Employee Handbook (Joseph J. Sgroi, Director of Human
Resources)
A-071310-2
There was no discussion. Supervisor Flora moved to approve the
request. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
2. Reappointment of Special Assistant for Legislative Relations,
authorization to continue an agreement and an appropriation of
funds in the amount of $24,000 (Paul Mahoney, County Attorney)
A-071310-3
Mr. Mahoney noted this item was the reappointment of Eldon James and
to appropriate the necessary funds from the Board Contingency Fund. Additionally, Mr.
Mahoney reported that he and Mr. Goodman, the County Administrator, had recently
met with local legislators to lay the foundation for the Board of Supervisors' initiatives for
the upcoming year.
Chairman Church commented that Mr. James has represented Roanoke
County in a very beneficial way. He asked Mr. Mahoney to advise Mr. James that his
work has been invaluable and the Board is pleased with his performance.
Chairman Church moved to approve the request. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
3. Request for authorization to allow employees to participate in the
Virginia Voluntary Long-Term Care Program (Rebecca Owens,
Director of Finance)
A-071310-4
242 July 13, 2010
Supervisor Moore commented that she is glad to see there are other
options, especially for baby-boomers.
Supervisor Moore moved to approve the request. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
4. Request to appropriate $217,141 from the Police Asset Forfeiture
Account for additional improvements at the Roanoke County Law
Enforcement Firing Range (J. Ray Lavinder, Chief of Police;
Daniel R. O'Donnell, Assistant County Administrator)
A-071310-5
Chief Lavinder provided photographs of the current progress of the
project, copies of which are on file in the office of the Clerk to the Board of Supervisors.
Chairman Church requested that Mr. O'Donnell reiterate where the funds
were being appropriated from, with Mr. O'Donnell detailing the history of the ITT
settlement, which can only be expended for law enforcement. No local tax dollars are
used for the project.
Also in attendance were Butch Workman, Stormwater Operations
Manager, and Jeff Altice, Stormwater Operations Supervisor, from the Community
Development Department. Mr. Altice provided the Board with a scale model of the
bullet trap system that will be utilized at the range. Mr. O'Donnell stated that the
savings realized by using the bullet trap system developed by Community Development,
versus a private sector trap, would be several hundred thousand dollars and
commended the Community Development Staff for their design.
Supervisor Church moved to approve the request. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the vacation of an unimproved right-of-way
shown as Rockingham Boulevard identified on the map of
Rockingham Court in Plat Book 2, page 84, Vinton Magisterial
District (Philip Thompson, Deputy Director of Planning)
July 13, 2010 243
There was no discussion. Supervisor Altizer moved to approve the first
reading and schedule the second reading and public hearing for July 27, 2010. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 071310-6 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM H- 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 July 13,
2010, designated as Item H -Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 4 inclusive, as follows:
1. Approval of Minutes -May 11, 2010 and May 25, 2010
2. Confirmation of appointments to the Building Code Board of Adjustments and
Appeals (Fire Code Board of Appeals); Community Policy and Management
Team (CPMT); and Social Services Advisory Board
3. Request to accept and appropriate funds in the amount of $48,746 to the
Sheriff's Office from Federal Grant 11-C5846CR09, approved under the
Criminal Justice Systems Improvement Program from the Department of
Criminal Justice Services
4. Resolution of support for Craig County filing for a United States Department
of Transportation TIGER II discretionary grant for redevelopment and
expansion of Route 311 visitor facilities in Craig and Roanoke Counties,
Virginia
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
RESOLUTION 071310-6.c OF SUPPORT FOR CRAIG COUNTY
FILING FOR A UNITED STATES DEPARTMENT OF
TRANSPORTATION TIGER II DISCRETIONARY GRANT FOR
244 July 13, 2010
REDEVELOPMENT AND EXPANSION OF ROUTE 311 VISITOR
FACILITIES IN CRAIG AND ROANOKE COUNTIES, VIRGINIA
WHEREAS, a project has been scoped for the redevelopment and expansion of
visitor facilities along Route 311 in Craig and Roanoke Counties, Virginia and Monroe
County, West Virginia; and
WHEREAS, Route 311 is the most scenic route connecting two significant
tourism destinations; the Roanoke Valley in Virginia and the Greenbrier Valley in West
Virginia; and
WHEREAS, the proposed project represents a partnership between the United
States Forest Service, the National Park Service, the Virginia Department of
Transportation and Craig County, with additional support sought from Roanoke County
and the West Virginia Department of Transportation; and
WHEREAS, the proposed project can be funded by Craig County providing grant
administration and thus eliminating the need for a local match due to grant eligibility
definitions.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Roanoke County
Board of Supervisors does hereby adopt this resolution of support for Craig County in
seeking a United States Department of Transportation TIGER II Discretionary Grant.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: REQUESTS FOR WORK SESSIONS
Supervisor Elswick requested a work session be scheduled with the
various individuals who are working on wind mills and wind energy, so that the Board of
Supervisors can be brought up to date and have all the necessary information.
Chairman Church asked Mr. Goodman to follow-up with Supervisor Elswick and arrange
a suitable date.
IN RE: REPORTS
Supervisor Moore moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick Church
NAYS: None
1. General Fund Unappropriated Balance
July 13, 2010 245
2. Capital Reserves
3. Reserve for Board Contingency
4. 2009 Recycling Rate Report
IN RE: CLOSED MEETING
At 3:36 p.m., Supervisor Church moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia Section 2.2-3711(A)(1):
Personnel, namely discussion concerning appointment to the Roanoke Valley -
Alleghany Regional Comprehensive Economic Development Strategy (CEDS)
Committee and Section 2.2-3711(A)(5): Discussion concerning the expansion of an
existing business or industry where no previous announcement has been made of the
business' or industry's interest in locating or expanding its facilities in the community.
The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
The closed meeting was held from 5:35 p.m. until 5:45 p.m.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Flora stated that before the meeting he asked Mr. Goodman to
refer to the Planning Department a situation in Hollins of asingle-family, residential
community that probably 30 years ago the County rezoned Commercial in anticipation
of some development along Plantation Road. There is a resident in this community,
zoned Commercial, who would like to add a handicapped bathroom for a Veteran, who
cannot get around very well. According to the County Zoning Ordinance, a
nonconforming use cannot be enlarged, which means they cannot add the bathroom.
He understood that in other localities, provisions have been made in the Zoning
Ordinance that allow single-family, owner-occupied homes in Commercial or Industrial
Districts to have the same privileges as if they were in a Residential District. He
requested this be looked at and brought back before the Board with a recommendation.
He indicated the family does not want to sell their home, as they have lived there for 40
years. They family wishes to stay there, but cannot under the County's Zoning
Ordinance.
Supervisor Altizer advised the residents who live along Route 116 and on
Windy Gap Mountain that the Virginia Department of Transportation (VDOT) will be
holding community meetings hopefully in mid to late August, probably at Mount
246 July 13, 2010
Pleasant Elementary School. He stressed the importance of attending these meetings
to make the citizens' voices heard on this dangerous situation. Supervisor Altizer
further stated that the citizens would be kept informed and dates would be provided as
soon as they were announced. Supervisor Altizer asked that Mr. Goodman contact
VDOT for specific dates.
Chairman Church thanked Mr. Goodman, Philip Thompson and Staff for
attending the Glenvar Plan community meeting held on June 29, 2010, and stated there
were over 100 citizens present to take part in the redesign and offer suggestions for a
new Route 11/460 corridor. Mr. Church also thanked the Planning Department Staff for
their work in this process and stated another meeting will be held on Thursday, July 15,
2010, at 7:00 p.m. at Fort Lewis Baptist Church to discuss the Dixie Caverns area. He
thanked Pastor Southern for the hospitality of his church. He looks forward to another
lively discussion.
Additionally, Chairman Church congratulated the Northside High School
girls' softball team for winning the state championship and announced the Board is
looking for a suitable date for recognition. He noted it had been a banner year for high
school sports in Roanoke County.
Lastly, Chairman Church congratulated the Roanoke County Police
Department for their 20t" anniversary and stated they had a lot to be proud of. He
thanked the Police Department for their protection of Roanoke County.
IN RE: WORK SESSIONS
At 3:42 p.m. Chairman Church recessed to the 4t" floor for the work
sessions and closed meeting.
1. Work Session on South Peak Community Development Authority
(CDA) (Paul Mahoney, County Attorney)
The work session was held from 3:54 p.m. until 4:33 p.m.
Mr. Mahoney introduced Bonnie France and advised she has handled
many CDA's in the past and is knowledgeable on their successes and failures. Ms.
France is an attorney with McGuire, Woods in Richmond and has been Roanoke
County's bond attorney since the 1980's.
Mr. Mahoney advised of the timeline for advertising the public hearing for
and implementing the CDA, should the Board choose to move forward. He requested
the Board hold a Closed Meeting at the July 27, 2010, Board meeting to discuss
appointing five individuals to serve on the board of the CDA, should the ordinance pass
at the August 24, 2010, second reading.
Mr. Mahoney reviewed the Development Agreement included in the draft
Memorandum of Understanding (MOU). Ms. France emphasized that no bonds will be
July 13, 2010 247
issued until the Board of Supervisors has approved all documents. Mr. Mahoney
advised that Staff is taking the process very carefully as this is new for Roanoke
County. He feels the document is solid and the County is protected as much as
possible. Ms. France noted that, although the County can be protected from paying
anything they have not agreed to through the documents, the success of the
development cannot be guaranteed.
Supervisor Church indicated that this was a very important point and
citizens can be assured the Board is doing whatever it can to protect the citizens and
the County financially.
Supervisor Altizer felt that $30,000 seems too low for annual operating
expenses for the CDA. He specified that the County should have a better understanding
of these numbers before the public hearing. Ms. France was in agreement, stating that
the figures were likely not enough for the early years.
Supervisor Church asked Mr. Mahoney to clarify that if the annual
operating expenses exceeded the $30,000, they would be the responsibility of the
developer. Mr. Mahoney confirmed this was correct, noting that the intent is for all taxes
from the development to go towards the bonds, with any deficit in other expenses to be
the responsibility of the Petitioner.
Supervisor Altizer inquired if the CDA would be considered a property
owner, and liable for special assessments. Ms. France indicated that a CDA can own
property within the CDA, but would not be subject to the special assessment.
Mr. Mahoney indicated Roanoke County has had problems in the past
with homeowners associations and wondered if a CDA would be responsible for fees
under such. Ms. France replied that she did not know. Supervisor Altizer asked that the
CDA be protected under the MOU from fees to property owners associations. He also
suggested that any utility rebates should be put into the CDA and not given to the
property owner(s). Lastly, Supervisor Altizer requested that no County Staff, Board
member or developer receive the stipend provided for in the MOU and only citizens be
eligible for this benefit. Ms. France noted it is a trend that this is waived by Board
members and Staff. She commented that it is strongly recommended that an employer
or senior member of the developer not be on the board of the CDA. There was
additional discussion of not allowing any building permits for reimbursable construction
to be issued until the Development Agreement has been approved.
Supervisor Elswick asked Ms. France about the success ratio for this type
of bond. Ms. France indicated the buyers are familiar with these bonds and know they
have no right to additional assistance from the locality. The bonds are required to be
sold in $100,000 increments. Most localities with struggling CDA's adhere to the
agreements.
Chairman Church requested Mr. Mahoney compile the Board's consensus
to all questions in writing.
248 July 13, 2010
2. Work session on the County's Revenue Sharing Priority List for
fiscal year 2010 - 2011 (Philip Thompson, Deputy Director of
Planning)
The work session was held from 4:34 p.m. until 5:01 p.m.
In attendance were Brian Epperley, Transportation Engineer; Butch
Workman, Stormwater Manager; Tarek Moneir, Deputy Director of Development
Services; and Scott Woodrum from the Virginia Department of Transportation (VDOT).
A PowerPoint was presented, which is on file in the office of the Clerk to the Board of
Supervisors. Each of the eight projects was reviewed.
Mr. Thompson indicated there will probably be no Revenue Sharing funds
next fiscal year. Neither Roanoke County nor VDOT was aware of the filing deadline
until it was too late. Each Virginia locality received 44.6 percent of their Tier 1 projects,
or $82,602 prorated for Roanoke County. The deadline to accept the funds is July 23,
2010, which is before the public hearing. Projects can be reprioritized and funds moved
based on State guidelines. Mr. Woodrum indicated that Revenue Sharing funds set for
specific projects from prior years are still available; however, it will have to be
determined how the County will be able to utilize these funds.
Mr. Goodman asked about the Wildwood Road area, which Mr. Woodrum
verified, from a drainage perspective should be number one, as one resident receives
the brunt of drainage. Unfortunately, there is not enough money to complete the project.
Mr. Thompson explained options for reprioritizing. It was the consensus of
the Board to continue with the already established priority #1, Tanglewood Drive, Route
1566.
3. Work Session to present the Board with draft concepts of a
redesigned Roanoke County website (Teresa Hamilton Hall,
Director of Public Information; Bill Greeves, Director of
Communications and Information Technology)
The work session was held from 5:02 p.m. until 5:28 p.m.
Mr. Gray Craig, Web Content Manager was also in attendance. A
PowerPoint was presented, a copy of which is on file in the office of the Clerk to the
Board of Supervisors.
Ms. Hall confirmed that the current Indian Head Seal will not go away as it
is the traditional, official Roanoke County Seal.
Supervisor Elswick asked why the County is discussing a logo change if
the traditional seal would not be going away. He stated that he likes the current seal and
would also like to see photographs of the entire County on the website, not just people.
July 13, 2010 249
Mr. Greeves indicated that the new website should have a consistent
brand, called a web mark, be unique and should express where Roanoke County wants
to go into the future. He further stated that he felt the website should have a more
contemporary look and be easy to integrate with new technology. The redesign is
necessary because the current technology is expiring.
Mr. Craig indicated that other localities use their seals on official
documents, but web marks on their websites.
Supervisor Moore felt the website should be brightened, but not changed.
Ms. Hall explained the top three web marks of those provided by the
designer were chosen by Staff due to their lack of similarity to any others in the area.
Chairman Church indicated that the Board did not like any of the three, did
not want to allocate funds into stripping the County's symbol and feels the citizens
would be upset. He inquired how much the project is costing to fix something he is not
convinced is broken.
Supervisor Flora stated that if the website is changed, it needs to be
brightened and it is too busy and crowded. He commented that Roanoke County's seal
is a very small part of the page. He agreed the website could be improved upon, but felt
these suggestions were not an improvement.
Ms. Hall indicated that the current technology is old and does not work
well. She further indicated that this would be Roanoke County's opportunity to create a
new site with a new look to go with it. She advised that the designers will make
everything the County does online match, i.e. Twitter, Facebook and YouTube.
Mr. Goodman remarked that the search engine does not work well. It
should take two to three clicks at most to obtain the page needed.
Supervisor Altizer stated the website is a disaster and is not user friendly.
He requested Board approval on all designs.
It was the consensus of the Board to have Staff bring back new web
marks that incorporate the original seal for approval, as well as any other design
changes.
IN RE: CERTIFICATION RESOLUTION
At 5:45 p.m. Chairman Church moved to return to open session and adopt
the certification resolution.
RESOLUTION 071310-7 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
250
~uiy ~ 3, 2oi o
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 Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: ADJOURNMENT
Chairman Church adjourned the meeting at 5:46 p.m.
Submitted by:
Becky R. eador
Clerk to the Board
Approved by:
~ ~ ~~' ~u ~
Joseph . "Butch" Church
Chairman
J