Loading...
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