HomeMy WebLinkAbout4/10/2012 - RegularApril 10, 2012
223
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 April 2012. 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. Audio records of the work sessions are not available due to
technical difficulties with the recorder.
IN RE: CALL TO ORDER
Acting Chairman Altizer called the meeting to order at 3:00 p.m. The roll
call was taken.
MEMBERS PRESENT: Supervisors Michael W. Altizer, Joseph B. "Butch" Church,
Eddie "Ed" Elswick and Charlotte A. Moore
MEMBERS ABSENT: Supervisor Richard C. Flora
STAFF PRESENT: B. Clayton Goodman III, County Administrator; Diane D.
Hyatt, Assistant County Administrator; Daniel R. O'Donnell,
Assistant County Administrator; Paul M. Mahoney, County
Attorney; Teresa H. Hall, Director of Public Information and
Deborah C. Jacks, Clerk to the Board
IN RE: OPENING CEREMONIES
The invocation was given by Bishop Harry M. Miller, Jr. of the Roanoke
Valley Cathedral of Praise. The Pledge of Allegiance was recited by all present.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Joseph B. Obenshain, Senior
Assistant County Attorney, upon his retirement after twenty -four
(24) years of service (Paul M. Mahoney, County Attorney)
Acting Chairman Altizer presented the resolution and quilt to Mr.
Obenshain. Each of the Supervisors offered their congratulations and thanks for his
many years of service. In attendance with Mr. Obenshain was his wife, Marcha.
224 April 10, 2012
RESOLUTION 041012 -1 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
JOSEPH B. OBENSHAIN, SENIOR ASSISTANT COUNTY
ATTORNEY, UPON HIS RETIREMENT AFTER MORE THAN
TWENTY -FOUR (24) YEARS OF SERVICE
WHEREAS, Joseph B. Obenshain was hired on February 16, 1988, and has
worked as the Senior Assistant County Attorney during his tenure with Roanoke County;
and
WHEREAS, Mr. Obenshain retired on February 29, 2012, after more than twenty -
four (24) years of devoted, faithful and expert service with the County; and
WHEREAS, during his time serving Roanoke County, Mr. Obenshain ably and
diligently represented the Roanoke County School Board and School administration,
including special education and personnel matters, and was instrumental in the
negotiations for the acquisition of the Hidden Valley High School property; and
WHEREAS, during his time serving Roanoke County, Mr. Obenshain skillfully and
competently represented the Planning Commission, the Board of Zoning Appeals, the
Greenway Commission, and the Regional Cable Television Committee; and
WHEREAS, during his time serving Roanoke County, Mr. Obenshain carefully
and meticulously represented the Departments of Social Services; Community
Development, General Services, Fire and Rescue, Police, Purchasing, Risk
Management, Human Resources, and the Sheriff; and
WHEREAS, during his time serving Roanoke County, Mr. Obenshain handled a
wide variety of transactional and litigation matters benefitting the County and its 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 JOSEPH B. OBENSHAIN for more than twenty -four
(24) 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, Church, Elswick
NAYS: None
ABSENT: Supervisor Flora
2. Proclamation declaring April 8 through 14, 2012, as National
Public Safety Telecommunicators Week in the County of Roanoke
(Bill Hunter, Assistant Director of Communications)
Acting Chairman Altizer presented the proclamation to Bill Hunter,
April 10, 2012 225
Assistant Director of Communications. Also present were Bill Greeves, Director of
Communications and Information Technology; Pat Shumate, Chief Communications
Officer; Sharon Reynolds, Lead Communications Officer and Emily Totten, Chief
Communications Training Officer. Mr. Hunter issued an invitation to the annual open
house. All Supervisors thanked the group for their service.
IN RE: NEW BUSINESS
1. Request to approve the Roanoke Valley Resource Authority
(RVRA) Budget for fiscal year 2012 -2013 (Rebecca E. Owens,
Director of Finance; Anne Marie Green, Director of General
Services; Daniel Miles, Chief Executive Officer, RVRA)
Ms. Green reviewed the request to approve the budget. Mr. Miles outlined
the actual budget. Ms. Owens was in attendance to answer any questions. Supervisor
church asked Mr. Miles to review the bond retirement. Mr. Miles advised the 20 -year
revenue bonds were paid off one year early. He explained originally, it was anticipated
that once the bond debt was retired there would be a windfall. However, with the
downturn in the economy starting in 2006, tonnages have dropped steadily.
Additionally, interest income went from $1 million to $28,000. Supervisor Church then
asked Mr. Goodman about the three percent (3 %) increase for salaries. Mr. Goodman
advised Mr. Miles has found the funds, although Roanoke County has not finalized their
numbers. Supervisor Church then asked if the bottom falls out on the Roanoke County
side what would happen at the Resource Authority. Mr. Goodman explained that that
would be up to the Resource Authority.
RESOLUTION 041012 -2 APPROVING THE ROANOKE VALLEY
RESOURCE AUTHORITY BUDGET FOR THE FISCAL YEAR
2012 -2013
WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use
Agreement provides that the Authority shall prepare and submit its operating budget for
the forthcoming fiscal year to the Board of Supervisors of the County, the City Council of
the City of Roanoke and the Town Council of the Town of Vinton; and
WHEREAS, by report dated March 29, 2012, a copy of which is on file in the
office of the Clerk to the Board, the Chief Executive Officer of the Roanoke Valley
Resource Authority has submitted a request that the County approve the fiscal year
2012 -2013 budget of the Roanoke Valley Resource Authority
.NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA that the fiscal year 2012 -2013 budget for the
Roanoke Valley Resource Authority as set forth in the March 29, 2012, report of the
Authority Chief Executive Officer, a copy of which is incorporated by reference herein, is
226 April 10, 2012
hereby APPROVED, and the County Administrator and the Clerk are authorized to
execute and attest respectively, on behalf of the County, any documentation, in form by
the County Attorney, necessary to evidence said approval.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick
NAYS: None
ABSENT: Supervisor Flora
2. Request to approve the health insurance plan and rates for
County and School employees for fiscal year 2012 -2013 (Rebecca
E. Owens, Director of Finance)
A- 041012 -3
Ms. Owens outlined the rates and noted Ms. Hassell was present to
answer any questions. Supervisor Altizer asked if the savings for new participants in
the wellness program was included in the budget with Ms. Owens responding in the
affirmative.
Supervisor Church commented the wellness program has paid for itself.
He then asked Ms. Owens if she was comfortable with the reinsurance elimination. Ms.
Owens outlined the specific stop loss and indicated the County may have been over
insured. She indicated on a going forward basis, the plan and rates will always be
budgeted a few percentages higher to compensate for the claims fluctuation and
everyone involved was comfortable with removing the extra reinsurance.
Supervisor Altizer commented staff has done a great job by implementing
changes with prudent decisions that will benefit both the employees and the citizens.
Supervisor Altizer moved to approve the staff recommendation. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick,
NAYS: None
ABSENT: Supervisor Flora
April 10, 2012 227
Health Rates -No Wellness Program
PPO Plan Design Increase
Monthly County Employee Employee for
Premium Benefit Rate Pays Employee'
Current 2011 -2012
Subscriber Only
506.54
457.18
49.36
9.74%
$ -
Subscriber + 1 minor
715.04
486.94
228.10
31.90%
$ -
Employee + Spouse
1038.38
677.18
361.20
34.78%
$ -
Family
1215.88
789.92
425.96
35.03%
$ -
Married School & County Couple
1215.88
976.26
239.62
19.71%
$ -
Renewal 2012 -2013 Key Care 200 Plan
Subscriber Only
506.54
457.18
49.36
9.74%
$ -
Subscriber + 1 minor
715.04
486.94
228.10
31.90%
$ -
Employee + Spouse
1038.38
677.18
361.20
34.78%
$ -
Family
1215.88
789.92
425.96
35.03%
$ -
Married School & County Couple
1215.88
976.26
239.62
19.71%
$ -
Health Rates - Wellness Proqram
PPO Plan Design
Employee
Pays
Increase /(Decrease)
for
Employee
Monthly County Employee
Premium Benefit Rate
506.54
482.18
24.36
4.81%
715.04
511.94
203.10
28.40%
1038.38
702.18
336.20
32.38%
1215.88
814.92
400.96
32.98%
1215.88
1,001.26
214.62
17.65%
Note: Working couple with both wellness participants
228
April 10, 2012
receive $50 reduction each month
Key Care 200 Plan
27.98
506.54
497.18
9.36
1.85%
$ -
715.04
526.94
188.10
26.31%
$ (15.00)'
1038.38
717.18
321.20
30.93%
$ (15.00)>
1215.88
829.92
385.96
31.74%
$ (15.00)
1215.88
1,016.26
199.62
16.42%
$ (15.00)'
3. Request to approve the dental insurance plan and rates for
County and School employees for fiscal year 2012 -2013 (Rebecca
E. Owens, Director of Finance)
A- 041012 -4
Ms. Owens outlined the following dental rates. There was no discussion.
Supervisor Altizer moved to approve the staff recommendation. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick,
NAYS: None
ABSENT: Supervisor Flora
Roanoke County and Roanoke County Schools
Dental Insurance Renewal Rates
2012 -2013
Employees:
Current 2011 -2012
Dental Plan Increase
Monthly County > Employee Employee for Retiree
Premium Benefit Rate Pays Employee Rate
Subscriber Only
27.98
21.10
6.88
24.59%
$ -
41.48
Subscriber + 1
45.54
26.36
19.18
42.12%
$ -
67.74
Family
78.82
38.48
40.34
51.18%
$ -
117.96
Married School & County Couple
78.82
56.62
22.20
28.17%
$ -
n/a
Renewal 2012 -2013 Dental Plan
Subscriber Only
1 28.96
22.08
6.88
1 23.76%
$ -
42.93
Subscriber + 1
1 47.14
27.96
19.18
1 40.69%
$ -
70.11
April 10, 2012 229
4. Resolution approving and adopting the recommendation of the
Roanoke County Bonding Committee to set April 24, 2012, as a
public hearing in anticipation of declaring the developer Al M.
Cooper Construction, Inc. of Belfair Heights, to be in default and
to authorize officials of Roanoke County to exercise its rights
under the developer's site development agreements and erosion
and sediment control agreements and the accompanying site
development letter of credits and erosion and sediment control
letters of credit (Tarek Moneir, Deputy Director of Development)
Mr. Moneir reviewed the request for the resolution. Supervisor Moore
asked if the developer still has not paid the fees with Mr. Moneir responding in the
negative. Supervisor Church inquired if the Community Development Department has
attempted to resolve with no results from the developer with Mr. Moneir responding in
the negative. Supervisor Altizer inquired of Mr. Mahoney if this issue had not been
addressed previously with Mr. Mahoney responding it was another bond. Mr. Mahoney
explained staff is seeking the Board's permission to hold a public hearing and send out
letters of notice. The developer will have an opportunity to come before the Board.
This has been done in the past; however it was a different development.
RESOLUTION 041012 -5 APPROVING AND ADOPTING THE
RECOMMENDATION OF THE ROANOKE COUNTY BONDING
COMMITTEE TO SET APRIL 24, 2012, AS PUBLIC HEARING IN
ANTICIPATION OF DECLARING THE DEVELOPER AL M.
COOPER CONSTRUCTION, INC. OF BELFAIR HEIGHTS
(LOCATED ALONG BUCK MOUNTAIN ROAD IN THE CAVE
SPRING MAGISTERIAL DISTRICT), TO BE IN DEFAULT AND
TO AUTHORIZE OFFICIALS OF ROANOKE COUNTY TO
EXERCISE ITS RIGHTS UNDER THE "DEVELOPER'S SITE
DEVELOPMENT AGREEMENT" AND THE ACCOMPANYING
SITE DEVELOPMENT LETTER OF CREDITS
WHEREAS, Al M. Cooper Construction, Inc., a Virginia corporation (hereafter
"Developer"), as developers of Belfair Heights in the Cave Spring Magisterial District of
Roanoke County, on or about October 12, 2005, entered into an Erosion and Sediment
Control Agreement (hereafter "E & S Agreement ") with the County of Roanoke and
provided an irrevocable Letter of Credit issued by New River Valley Bank of Virginia in
the amount of $ 21,010 to insure the construction and maintenance of certain erosion
Family
1 81.58
41.24
40.34
49.45%
$ -
122.09
Married School & County Couple
1 81.58
59.38
22.20
27.21%
$ -
n/a
4. Resolution approving and adopting the recommendation of the
Roanoke County Bonding Committee to set April 24, 2012, as a
public hearing in anticipation of declaring the developer Al M.
Cooper Construction, Inc. of Belfair Heights, to be in default and
to authorize officials of Roanoke County to exercise its rights
under the developer's site development agreements and erosion
and sediment control agreements and the accompanying site
development letter of credits and erosion and sediment control
letters of credit (Tarek Moneir, Deputy Director of Development)
Mr. Moneir reviewed the request for the resolution. Supervisor Moore
asked if the developer still has not paid the fees with Mr. Moneir responding in the
negative. Supervisor Church inquired if the Community Development Department has
attempted to resolve with no results from the developer with Mr. Moneir responding in
the negative. Supervisor Altizer inquired of Mr. Mahoney if this issue had not been
addressed previously with Mr. Mahoney responding it was another bond. Mr. Mahoney
explained staff is seeking the Board's permission to hold a public hearing and send out
letters of notice. The developer will have an opportunity to come before the Board.
This has been done in the past; however it was a different development.
RESOLUTION 041012 -5 APPROVING AND ADOPTING THE
RECOMMENDATION OF THE ROANOKE COUNTY BONDING
COMMITTEE TO SET APRIL 24, 2012, AS PUBLIC HEARING IN
ANTICIPATION OF DECLARING THE DEVELOPER AL M.
COOPER CONSTRUCTION, INC. OF BELFAIR HEIGHTS
(LOCATED ALONG BUCK MOUNTAIN ROAD IN THE CAVE
SPRING MAGISTERIAL DISTRICT), TO BE IN DEFAULT AND
TO AUTHORIZE OFFICIALS OF ROANOKE COUNTY TO
EXERCISE ITS RIGHTS UNDER THE "DEVELOPER'S SITE
DEVELOPMENT AGREEMENT" AND THE ACCOMPANYING
SITE DEVELOPMENT LETTER OF CREDITS
WHEREAS, Al M. Cooper Construction, Inc., a Virginia corporation (hereafter
"Developer"), as developers of Belfair Heights in the Cave Spring Magisterial District of
Roanoke County, on or about October 12, 2005, entered into an Erosion and Sediment
Control Agreement (hereafter "E & S Agreement ") with the County of Roanoke and
provided an irrevocable Letter of Credit issued by New River Valley Bank of Virginia in
the amount of $ 21,010 to insure the construction and maintenance of certain erosion
230 April 10, 2012
and sediment control facilities in connection with the development of Belfair Heights;
and
WHEREAS, the Developer subsequently, on or about February 26, 2007
entered into a Land Subdivider's Agreement with the County of Roanoke and was
granted approval to subdivide a portion of the Developer's property and to record a plat
of subdivision for the development to be known as Belfair Heights and provided an
irrevocable Letter of Credit issued by Valley Bank in the amount of $192,629 to insure
the construction, completion and maintenance of improvements to the land; and
WHEREAS, Developer has partially complied with its legal responsibilities under
the aforesaid E & S and Land Subdivider's Agreements and Roanoke County officials
have authorized multiple partial releases but a balance of $47,890.05 remains on
deposit with New River Valley Bank to secure the completion of the requirements under
the Land Subdivider's Agreement; and
WHEREAS, the Bonding Committee for Roanoke County meeting on March 26,
2012, at the Roanoke County Administration Building considered the documentation as
to the status of this subdivision project and voted to recommend that the Board of
Supervisors schedule a public hearing to consider declaring the Developer to be in
default and that the County take all necessary actions to collect the outstanding surety
proceeds in order to complete this development.
NOW THEREFORE, be it RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That a public hearing be scheduled for April 24, 2012, at 7:00 p.m. at the
Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, Virginia,
24018 to hear testimony and proposals from Al M. Cooper Construction, Inc. and
New River Valley Bank concerning the recommendations of the Bonding
Committee to declare the Developer in default and to collect the proceeds from
the letters of credit in order to complete the development of Belfair Heights, in
accordance with the Land Subdivider's Agreement.
2. That the County Administrator, the Director of the Department of
Community Development, his staff and agents, and the Office of the County
Attorney are hereby directed to provide appropriate notices to the Developer and
the Surety of this public hearing, and are further authorized to take such action
as may be necessary to fully assert and defend the rights and obligations of
Roanoke County in this regard.
3. This Resolution shall be in full force and effect from the date of its
adoption.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick
NAYS: None
ABSENT: Supervisor Flora
April 10, 2012 231
5. Request to appropriate $26,150 for professional services related
to the search for a new Police Chief (Diane D. Hyatt, Assistant
County Administrator)
A- 041012 -6
Ms. Hyatt explained Springsted, Inc. was chosen for the search for a new
Police Chief. This position was posted on a national level and closed on April 7, 2012
with sixty -five (65) applicants.
Supervisor Church indicated this firm has been used in the past and the
Board looks at this position as very important and it is critical that the right person to be
the Chief of Police. He then inquired what the next steps would be with Mr. Goodman
advising the applications would be vetting and reviewed to meet the Roanoke County
guidelines. Further, this should be accomplished by April 19, 2012, and would then be
scaled down for interviews and should be completed sometime in May of 2012. He
reiterated that it is a very critical position for the future of the County of Roanoke.
Supervisor Elswick commented he wholeheartedly supports the process
that Mr. Goodman, staff and the consultant are going through; they are doing an
excellent job and it is worth every penny they are paid.
Supervisor Church moved to approve the staff recommendation. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick,
NAYS: None
ABSENT: Supervisor Flora
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the vacation of 15 feet wide public utility
easement as shown on the plat of Section 1, Sugarloaf Highlands
of record in Plat Book 7 at page 43 in the Roanoke County Circuit
Court Clerk's Office, said public utility easement being located off
Elbert Drive between Lots 8 and 9 (now re- subdivided and shown
as Lot 9A on a plat of record in Plat Book 16 at page 142 in the
above mentioned Clerk's Office), Windsor Hills Magisterial District
(Tarek Moneir, Deputy Director of Development)
Mr. Moneir explained this is the first reading of this ordinance and outlined
the request. He indicated the applicant was in attendance to answer any questions.
There was no discussion.
Supervisor Elswick moved to approve the first reading and scheduled the
232 April 10, 2012
second reading and public hearing for April 24, 2012. The motion carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick, Flora
NAYS: None
ABSENT: Supervisor Flora
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance authorizing the granting of a temporary construction
easement and a permanent easement to Appalachian Power
Company on property owned by the Roanoke County Board of
Supervisors known as Leslie Lane (tax map # 077.15 -01- 11.00),
Cave Spring Magisterial District (Paul M. Mahoney, County
Attorney)
Mr. Mahoney explained this is the second reading of this ordinance and
there has been no change from the first reading on March 27, 2012. A public hearing
must be held before the disposal of any public property. He indicated staff has
reviewed and concurs with the amount and the selling of this easement. Appalachian
Power Company (AEP) is scheduled to improve Leslie Lane and will install new
distribution lines to upgrade the electrical system in this section of the City and County.
Acting Chairman Altizer opened and closed the public hearing with no citizens to speak
concerning this item.
Supervisor Moore stated she had some comments and concerns. AEP
wants to replace four (4) existing poles and make them taller to go to the substation, up
to fifty -two feet (52') tall. She commented AEP has stated that these lines were
distribution lines, not transmission lines, which were the big lines that went on the poles
behind the County building and in the Green Valley subdivision. She advised that the
power lines installed at the CRT in Roanoke County a few years back were also
distribution lines and those lines were installed underground. AEP is planning on
reconstructing this road and making it a really nice road to help serve future
development in the area and she stated she also thinks underground utilities better
serve our area and make it look better. She advised she can only speak for herself, but
she would be willing to waive the $7,500 if AEP would be willing to put these lines
underground; although that would be a Board action. She then asked Mr. Goodman to
confirm that AEP is not willing to consider this option. Mr. Goodman advised he had an
opportunity to meet with a representative from AEP and review this issue and asked if
they would consider instead of the four (4) poles put everything underground for this
specific project. The representative from AEP advised they would not put them
underground for the following reasons. First was their concern about their time
schedule; they want to move forward with the project as soon as possible to strengthen
April 10, 2012 233
the system. Secondly the representative advised that AEP must comply with the State
Corporation Commission (SCC) regulations, which were reported to him if going
underground they have to look at their return on investment and typically the cost of
underground versus above ground is much cheaper, therefore they must continue with
the aboveground installation. Mr. Goodman stated he did bring to the attention of the
representative that he knew Ms. Moore has spoken with him and was going to
recommend to the Board to be considered the waiving of the fee to help assist in the
cost for just this site alone and the representative advised the answer would still be no
because of time and the SCC. Supervisor Moore stated that the County needs to plan
for the future, there is a vision for the future and need to plan toward that vision and she
does not think that AEP had a good plan for putting these utility lines above ground
when they could be put underground. For these reasons, she advised she cannot
support this ordinance.
Supervisor Church inquired of Mr. Goodman if AEP gave him any idea of
cost basis for above or under with Mr. Goodman advising the cost for underground is
significant. The representative did not because he would have to go back to the
engineers and work it out. He stated in other projects in other communities that typically
the locality or whomever is developing the park would have to pay for and at that time
he knew that the cost was extremely high. Supervisor Church then asked Mr. Mahoney
what happens if this ordinance fails with Mr. Mahoney advising if the ordinance fails
then the County would not sell to AEP this property and they claim they would be
unable to complete the project. They were looking at constructing this new distribution
line and they had represented to staff this was necessary in terms of providing some
additional or backup service to this part of SW County, to Jefferson Hills and that part of
the City as you went on down to Virginia Western Community College.
This would all be part of a larger, electrical loop. Mr. Goodman stated in conversations
with AEP and one thing to remind the public is they just completed a substation there,
which they refer to as the Ogden Road Substation. This is a major substation that was
installed on the property to support and strengthen the electrical service to that area of
the County. They have spent millions of dollars to build this new substation and as such
they are pulling lines off. The line that would cross County property is what they call a
two - circuit; one circuit will go to Colonial Avenue and to Virginia Western and one will tie
into a line that is located along with railroad tracks, behind Tanglewood. Supervisor
Church asked Mr. Goodman if this would be a backup to the existing system with Mr.
Goodman explaining it would be a loop, which provides greater reliability for the whole
system.
Supervisor Elswick stated he supports placing electrical lines underground
where it is possible and new developments like South Peak should go underground
because it would have a big impact on the visual appearance of the area. In areas
234 April 10, 2012
where there is already a number of aboveground power lines and especially near his
house where there is a brand new 138 kva line came through when he already had one,
he understands why it has to be put above ground, it would be prohibitively expensive to
go underground. The Board should concentrate on the areas where the largest visual
impact is possible and install underground lines where there are already a number of
existing aboveground poles does not really help a lot in terms of changing the visual
impact.
Supervisor Altizer stated for him it is sort of deja. He stated he thinks we
are in the same circumstances where the process gets going and then moves along.
He advised they are in the planning stage, there are areas many of us would like to see
it be buried, and maybe in some areas it can, but here he feels the same with this as the
one that went around the building here. If you can get Appalachian to do it, that would
be admirable, but from what he is hearing in this case and certainly with the time frame
and having to go back to the SCC he does not feel it would work. Mr. Goodman
advised the representative advised him they obtain approval to get things placed
underground as the SCC requires them to handle all utilities in the most cost efficient
way and of course aboveground is more cost efficient than below ground and they have
to look at their return on investment and that is why they typically go aboveground. In
that conversation, the representative did say they have submitted two pilot projects
where they actually requested approval to install underground lines and in those two
specific cases, the SCC rejected it saying it was too expensive. In addition, he also
stated in the future as these projects are planned to relay it is the Board's request is to
look at underground. Mr. Goodman stated if it is the desire of the Board, he would
arrange a meeting with the AEP representatives and reiterate in the future the Board
would like them to look at underground. Supervisor Altizer stated certainly there were a
lot of places it would look better and he would like to see it go in there. He stated he
thinks staff needs to have a conversation with AEP prior to a lot of these developments
whether it is a meeting in asking how to become a part of their process. At this point, in
his dealings with construction projects, he sees cost changes are starting to change and
they are not changing for the better; prices are escalating. He stated he feels it is
prudent to go forward with this project.
ORDINANCE 041012 -7 AUTHORIZING THE GRANTING OF A
TEMPORARY CONSTRUCTION EASEMENT AND A
PERMANENT EASEMENT TO APPALACHIAN POWER
COMPANY ON PROPERTY OWNED BY THE ROANOKE
COUNTY BOARD OF SUPERVISORS KNOWN AS LESLIE LANE
(TAX MAP # 077.15 -01- 11.00), CAVE SPRING MAGISTERIAL
DISTRICT
April 10, 2012 235
WHEREAS, Appalachian Power Company (AEP) requires a temporary
construction easement across Roanoke County property known as Leslie Lane near its
intersection with Ogden Road; and
WHEREAS, AEP requires a permanent easement across a portion of Roanoke
County property known as Leslie Lane near its intersection with Ogden Road for the
construction of permanent roadway improvements and the construction of a new
electrical distribution line; and
WHEREAS, the proposed improvements will serve the interests of the public by
the construction of an access road to AEP standards instead of the existing crooked
Leslie Lane farm road and also to improve and upgrade the distribution system serving
southwest Roanoke County, Jefferson Hills and Virginia Western Community College;
and
WHEREAS, the first reading of this ordinance was held on March 27, 2012, and
the second reading and public hearing was held on April 10, 2012.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on March 27, 2012, and a second
reading and public hearing was held on April 10, 2012.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, this interest in real estate to be conveyed to AEP is hereby declared to be
temporarily surplus, and is hereby made available for other public uses by conveyance
to AEP for a temporary construction easement.
3. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, this interest in real estate to be conveyed to AEP is hereby declared to be
surplus, and is hereby made available for other public uses by conveyance to AEP for
the purpose of a permanent easement for access road improvements to Leslie Lane
and the construction of a distribution line.
4. That the sale of this temporary easement and permanent easement to
AEP is hereby authorized and approved, and the purchase price of $7,500 is hereby
accepted. The proceeds from the sale of these easements are hereby appropriated and
paid into a capital facility account and shall be expended solely for the purpose of
acquisition, construction, maintenance, or replacement of other capital facilities.
5. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
6. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
236 April 10, 2012
AYES:
Supervisors Altizer, Church, Elswick
NAYS:
Supervisor Moore
ABSENT:
Supervisor Flora
IN RE: CONSENT AGENDA
RESOLUTION 041012 -8 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for April 10,
2012, designated as Item 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 — March 13, 2012
2. Request to accept and appropriate funds in the amount of $36,474.32 to the
Roanoke County Public Schools
3. Resolution requesting acceptance of Cambridge Court Road, Castleridge
Road and the remaining portion of Robindale Drive into the Virginia
Department of Transportation Secondary System
4. Resolution in support of Lewis -Gale Medical Center's application to introduce
Neonatal Special Care
5. Confirmation of appointment to the League of Older American Advisory
Council
6. Request to accept and appropriate funds from the Virginia Department of
Transportation (VDOT) for drainage improvements to Tanglewood Drive in
the amount of $115,226 and for preliminary engineering for pedestrian and
bicycle improvements to Plantation Road in the amount of $55,308
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick
NAYS: None
ABSENT: Supervisor Flora
A- 041012 -8.a
April 10, 2012 237
RESOLUTION 041012 -8.b REQUESTING ACCEPTANCE OF
CAMBRIDGE COURT ROAD, CASTLERIDGE ROAD AND THE
REMAINING PORTION OF ROBINDALE DRIVE INTO THE
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
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.
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.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick
NAYS: None
ABSENT: Supervisor Flora
RESOLUTION 041012 -8.0 IN SUPPORT OF LEWISGALE
MEDICAL CENTER'S APPLICATION TO INTRODUCE
NEONATAL SPECIAL CARE
WHEREAS, LewisGale Medical Center operates an acute care hospital in Salem,
Virginia that provides residents of Roanoke County and surrounding communities with
access to high quality, essential hospital services; and
WHEREAS, LewisGale Medical Center offers a broad range of services to
patients but is not currently approved to provide neonatal special care services; and
238 April 10, 2012
WHEREAS, the Commissioner of Health denied LewisGale Medical Center's
previous COPN application to provide neonatal special care services; and
WHEREAS, no COPN application to provide neonatal special care services in
any other region of the Commonwealth has ever been denied by the Commissioner of
Health prior to denial of LewisGale Medical Center's application, which has resulted in
neonatal special care services being widely available to patients in certain other regions
of the Commonwealth; and
WHEREAS, the people of Roanoke County, and of southwestern Virginia, have
the same rights to and needs for neonatal special care services as do people in other
parts of the Commonwealth; and
WHEREAS, neonatal special care services are a fundamental service for any
hospital serving a vibrant and growing community; and
WHEREAS, the availability of high - quality healthcare services, including neonatal
special care services, is essential to attracting and maintaining the best and brightest
workers and their families to the region to contribute to economic growth; and
WHEREAS, LewisGale Medical Center's ability to provide neonatal special care
services is essential to continuity of care for area maternity patients and newborns
because it is highly disruptive to patients and their families to be required to obtain
neonatal special care services from another provider; and
WHEREAS, expectant mothers treated at LewisGale Medical Center who
discover that their children may need neonatal special care services must change their
care teams in mid - pregnancy after developing important patient- caregiver relationships
with their current care teams; and
WHEREAS, infants born at LewisGale Medical Center in need of neonatal
special care services must be transferred to another facility; and
WHEREAS, transferring infants in need of neonatal special care services takes a
tremendous toll on patients and their families, particularly because such transfers have
the capacity to split apart families within hours of an infant's birth because mother and
child would be hospitalized at different facilities; and
WHEREAS, in addition to these emotional costs, clinical outcomes are usually
better for families that can be kept together; and
WHEREAS, the introduction of neonatal special care services at LewisGale
Medical Center will mitigate the emotional costs and improve clinical outcomes; and
WHEREAS, LewisGale Medical Center is accessible to all patients regardless of
ability to pay or payment source because of the hospital's generous charity and
uninsured discount policies, and it is very accessible from a geographic perspective.
NOW, THEREFORE LET IT BE RESOLVED, that the Roanoke County Board of
Supervisors supports LewisGale Medical Center's plans to establish an eight -bed
specialty neonatal intensive care unit (NICU) at the hospital,
AND BE IT FURTHER RESOLVED, that the Roanoke County Board of
Supervisors respectfully urges the Virginia Commissioner of Health to grant approval for
this much - needed project.
April 10, 2012 239
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick
NAYS: None
ABSENT: Supervisor Flora
A- 041012 -8.d
A- 041012 -8.e
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens spoke.
Mr. Noah Tickle of 1610 Frosty Lane in Salem, Virginia stated we yet have
a Christian Constitutional Republic; indicating local governance from foundation bottom
up and not the other way around as we have sat back and allowed today. We had ALL
better stand up, come out and do something to prevent globalists from destroying our
Christian Constitutional Republic. That's why he is here. They are here in the forms of
NGOs such as ICLEI. They have little touchy feelies running around doing their do.
Why are we deceived by their efforts? Are the thoughts of money so important from a
Socialist source that we would allow our Christian Constitutional Republic to be
destroyed? This has happened many times throughout history. Let's honor our forbears
and NOT allow it to happen this time. Get ilk like ICLEI out of our midst and de -fund
Roanoke County membership in ICLEI. We have local governance. Be polite and
simply say, "No thanks, we have local governance for our solutions." Now that the
globalists have decided how to make this "wrenching transformation of society"
according to Al Gore, they have been moving quite swiftly and efficiently. The
transformation is to get humans first out of the rural areas, then out of the suburbs, and
when they have us in the human settlement areas, to reduce our numbers by civil
unrest, natural attrition and eventually starvation. How will this come about? One may
ask. In conjunction with NGOs (Nongovernmental Organizations affiliated with the
United Nations) like ICLEI as well as corporations and private individuals, our state and
federal governments are working to promulgate rules, regulations, fees and taxes that
trickle all the way down to the smallest town, community and individual citizens. Local
bureaucrats are either ignoring (or pretending to) the fact that this is all coming down
from above, from the mighty UN, Agenda 21, ICLEI, Sustainablists, the global elite and
from the Club of Rome.
Ms. Linda LaPrade of Will Carter Lane in Roanoke, Virginia stated there is a
simple indisputable fact that some members of this board are choosing to ignore or nine
months of documentation hasn't quite sunk in yet. That fact is: ICLEI is a United Nations
240 April 10, 2012
affiliated organization. Here are some other facts. ICLEI was a major contributor to the
U.N. document known as Agenda 21. ICLEI has Special Consultative Status with the
United Nations Economic and Social Council. ICLEI coordinates local government
representation in several UN organizations. ICLEI "campaigns, programs, and projects
promote Local Agenda 21 as a long -term, strategic planning process that addresses
local sustainability while protecting global common goods. Linking local action to
internationally agreed upon goals and targets such as Agenda 21 and others is an
essential component." This is not clean air and clean water they are talking about.
According to their own website, ICLEI is tasked with carrying out Chapters 8 and 28 of
UN Agenda 21. Chapter 8 contains the following: (a) Integrating environment and
development at the policy, planning and management levels; (b) Providing an effective
legal and regulatory framework; and (c) Establishing systems for integrated
environmental and economic accounting. I think it's fair to say that item A is already
being accomplished in Roanoke County. What part of this agenda will this Board allow
or implement next? Chapter 28 states" the responsibility for bringing about changes lies
with Governments in partnership with the private sector and local authorities, and in
collaboration with national, regional and international organizations, including in
particular UNEP, UNDP and the World Bank." It should be obvious that this has very
little to do with protecting the environment. There are now four states that are working
on legislation to rid themselves of all ICLEI Agenda 21 policies. Florida already has
done so. Over 50 localities have dropped ICLEI membership in the last year. The local
and national Republican Committees and Democrats against Agenda 21 oppose ICLEI.
Is Roanoke County going to be the last to see the threat before us? Harvey Ruvin, Vice
Chairman of ICLEI stated: "Individual rights will have to take a back seat to the
collective ". By retaining membership in ICLEI, this Board is affirming that sentiment.
Admit the mistake and get rid of ICLEI now.
IN RE: REPORTS
Supervisor Altizer moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Church, Elswick
NAYS: None
ABSENT: Supervisor Flora
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
April 10, 2012 241
IN RE: WORK SESSIONS
1. Work session on public transportation — County of Roanoke
Transportation Program (CORTRAN) (B. Clayton Goodman III,
County Administrator; Laurie Gearheart, Assistant Director of
Finance; Terrie Cochran, Executive Secretary)
This work session was held from 5:06 p.m. until 5:42 p.m. Ms. Gearheart
went through the PowerPoint presentation explaining the program. A copy of the
presentation is on file in the office of the Clerk to the Board of Supervisors. Supervisor
Moore asked what the surcharge for fuel was with Laurie Gearheart explaining it was a
monthly fee based upon the total number of miles of service provided divided by the
average miles per gallon.
Supervisor Altizer asked what substantiation was used for their miles per
gallon. Ms. Gearheart advised they did not provide. It was the consensus of the Board
that the surcharge would not be paid going forward without some type of substantiation.
It was Supervisor Altizer's recommendation on an annual basis to validate and put in a
standard for the entire year. He stated it was unacceptable to allow them to "pull a
number out of a hat." Supervisor Altizer stated the numbers speak for themselves
noting the decrease due to holding people accountable.
Ms. Gearheart indicated staff expects a six percent (6 %) increase over
prior year due to the lack of snow days and gas costs. She also indicated staff has
been informed the grant subsidies should be received. It was the staff recommendation
to think about increasing the cost to $5.00. Supervisor Church stated it was his opinion
the fee should not be increased unless absolutely necessary. Supervisor Altizer stated
he did not have a problem with the increase, but only after all due diligence was done.
Supervisor Moore stated she agreed with Supervisor Altizer.
Mr. Goodman indicated that no increase was included in the draft budget.
2. Work session to discuss Roanoke County's Secondary Road
System Six -Year Improvement Plan for fiscal years 2013 -2018
(David Holladay, Planning Administrator)
In attendance for this work session were David Holladay, Planning
Administrator; B. Clayton Goodman III, County Administrator; Brian Epperly,
Transportation Engineer and Brian Blevins and Chris Jackson from the Virginia
Department of Transportation. The work session was held from 5.43 p.m. until 6:00
p.m.
Mr. Goodman indicated there was no funds in the proposed budget for
road improvements stated the amount has gone from $2 million to zero which is a
dramatic change.
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April 10, 2012
Mr. Holladay went through a PowerPoint presentation and outlined the
proposed Secondary Road System Six -Year Improvement Plan for fiscal years 2013-
2018. A copy of the presentation is on file in the office to the Clerk to the Board of
Supervisors.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Moore thanked Invisible Fence Brand of Virginia. In 2010 they
donated thirteen (13) pet oxygen masks to the Roanoke County Fire Department and
last week during the apartment fire, three cats and a dog were saved because of this
generous donation. Thank you very much.
IN RE: ADJOURNMENT
Acting Chairman Altizer adjourned the meeting at 6:04 p.m.
Submitted by: Approved by:
Deborah C. Jack Richard C. Flora
Clerk to the Board Chairman