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HomeMy WebLinkAbout9/23/2014 - RegularSeptember 23, 2014 667 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 fourth Tuesday and the second regularly scheduled meeting of the month of September 2014. 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: OPENING CEREMONIES Before the meeting was called to order, a moment of silence was held. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph P. McNamara, Supervisors Al Bedrosian, Joseph B. "Butch" Church, Charlotte A. Moore and P. Jason Peters MEMBERS ABSENT: None STAFF PRESENT: Daniel R. O'Donnell, Interim County Administrator; Richard Caywood, Assistant County Administrator; Paul M. Mahoney, County Attorney; Amy Whittaker, Public Information Officer and Deborah C. Jacks, Deputy Clerk to the Board IN RE: BRIEFINGS 1. Briefing and presentation by Virginia Amateur Sports, Inc. on the 2014 Subway Commonwealth Games of Virginia (Peter Lampman, Virginia Amateur Sports) Mr. Lampman provided the Board with a briefing and update on the 2014 Commonwealth Games. 668 September 23, 2014 IN RE: NEW BUSINESS 1. Resolution accepting for publication and conceptual phase consideration the unsolicited proposal from HHHunt for Murray Run Natural Stream Restoration Project under the Public Private Recreational Facilities and Infrastructure Act (PPEA) of 2002 (Richard L. Caywood, Assistant County Administrator; Paul Mahoney, County Attorney) Mr. Caywood outlined the proposed need for the resolution. He advised there was no local funds other than County staff time. Mr. Mahoney outlined an error in the resolution (page 12, the second page of paragraph 3, delete criminal justice academy and insert stream restoration project.) RESOLUTION 092314-1 ACCEPTING FOR PUBLICATION AND CONCEPTUAL PHASE CONSIDERATION THE UNSOLICITED PROPOSAL FROM HHHUNT FOR THE DESIGN AND CONSTRUCTION OF THE MURRAY RUN STREAM RESTORATION PROJECT UNDER THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, the Public -Private Education Facilities and Infrastructure Act of 2002 (PPEA) allows the Roanoke County Board of Supervisors to create a public-private partnership to develop projects for public use; and WHEREAS, by Resolution 051303-4 the Board of Supervisors of Roanoke County adopted procedures for the implementation of the PPEA by Roanoke County; and WHEREAS, HHHunt has submitted an unsolicited proposal under the provisions of the PPEA for the Murray Run Stream Restoration Project; and WHEREAS, the Interim County Administrator has reviewed this unsolicited proposal and has recommended to the Board of Supervisors this unsolicited proposal be formally accepted for review. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . ollows:1. That there is a public need for the restoration of Murray Run to address an environmental problem and to improve the water quality of this stream. 2. That it chooses to accept the HHHunt unsolicited proposal for publication and conceptual phase consideration. 3. That it will proceed to use procedures developed that are consistent with procurement of other than professional services through "competitive negotiation", since doing so is likely to be advantageous to the County and the public based upon either (i) September 23, 2014 669 the probable scope, complexity or urgency of need, or (ii) the risk sharing, added value, increase in funding or economic benefit from the project would otherwise not be available. The scope and complexity of the development of a stream restoration project requires an innovative approach, such as competitive negotiation, to the design and construction of a new facility. 4. That the County Administrator, or an Assistant County Administrator, is directed to post and publish the required notice thus allowing an opportunity for competing preliminary proposals to be submitted. Due to the complexity of the proposed project and the County's desire to encourage competition, the notice shall state that competing proposals must be submitted on or prior to November 14, 2014, to be considered, rather than the minimum of forty-five (45) days allowed by the Commonwealth of Virginia's Public Private Educational Facilities and Infrastructure Act. The County Administrator is also authorized and directed to take such other actions as may be necessary to implement this resolution. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None IN RE: FIRST READING OF ORDINANCES 1. Ordinance approving the amendment of five (5) of the seven (7) agreements with telecommunication companies at 220 East Main Street, Salem, Virginia ("DSS Building") (Ruth Ellen Kuhnel, Senior Assistant County Attorney; Richard L. Caywood, Assistant County Administrator) Mr. Caywood provided a PowerPoint presentation to provide an overview. Ruth Ellen Kuhnel explained the agreements that were inherited. Ntelos is the only vendor the County is paying relocation costs because they were a small provider and did not have the budget. Our consultant and engineers will oversee the bills. The Verizon tradeoff was one parking space and getting 1,000 more a month. Lumos went from attic to the basement; which resulted in $100 more a month in rent. Ms. Kuhnel advised of two changes to the ordinance. Ntelos was granted an additional five (5) -year term, through 2026 versus 2021. Under Verizon instead of five percent (5%) at each renewal option should be fifteen percent (15%) at each renewal. Supervisor Church inquired when the mortgage on the building would be paid off with Rebecca Owens, Director of Finance advising there was two (2) years remaining. Next, Supervisor Church inquired of Mr. Caywood if he knew how much money we have in the current funding and how much can be completed with what the 670 September 23, 2014 County has. Mr. Caywood advised $1.5 million in the project as it stands now. The year-end presentation will be discussed in work session and will provide more information. He stated what he thinks can be done with the funds today is award this project. If we had no additional funds, staff would have a very tight contingency. His recommendation will be to work through the Social Services roll-over because what he would like, while he has the contractor, is in addition to the fifth (5t") floor renovations, he would like to change any other walls in the building that are ever going to be moved, even if he cannot do the full cosmetic renovation because he is putting in a new HVAC system and replacing all the ceiling the and grid, so if he needs to change any walls, it would be more cost effect to so now and would not have to tear up something he just did new. He advised they are talking to the contractor now to see what the pricing would look like; feels it would be a very wise thing to do. The bids were lower than the estimate. Supervisor Church explained the reason County does so well with the cell providers is that this building is the highest building in town. We own this property directly across from the courthouse and the cell providers do not want to leave too quickly. We will have to close part of a city block to do this project. This has been a real undesirable place for some time. This is a vital project. Supervisor Bedrosian inquired of Mr. Caywood what the definition of wind - loading. Mr. Caywood responded by the building code when you design a building, you have to analyze for lateral load, which is primarily wind. When you have a wind of a certain speed, it puts a lot of force onto the building particularly a building with the facade that is there. You do not want so much wind load that you are going to run the risk of damaging or potentially causing the building to fail. One of the first things our architect did was to do an analysis of the way it sits today; due to the stuff on the roof that has been added there is more wind -load than the building was designed to accommodate. There was two choices; taking apart the skin of the building to add some lateral bracing, which would have been very disruptive and very expensive or in the case of what we are actually doing is reducing the wind -load on the roof by consolidating the equipment together to make it more streamlined and putting some of it into the building. The items on the roof are acting as a sail. From a design standpoint that was the most challenging aspect. Supervisor Bedrosian stated this is related to the water tower that we are going to put the cell towers on. Would that apply? Mr. Caywood explained on the water tower it would be physically attached. Supervisor Bedrosian asked how long the cell towers have been on this building. Mr. Caywood responded we purchased the building in 2001 and the leases went back to 1998. Supervisor Bedrosian stated so the existing towers would be put on with Mr. Caywood explaining there would be poles that would be attached to the water tower's railing system and each antennae will be on a little pole that attaches to the railing versus sitting on a sled. He added that it is his expectation that some of the equipment will be new. Supervisor Church's motion to approve the first reading and establish the September 23, 2014 671 second reading for October 14, 2014, was approved by the following vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance accepting and appropriating $39,078.43 to the Roanoke County Public Schools for various grants and supplements (Rebecca Owens, Director of Finance) Ms. Owens advised there were no changes from the first reading. There was no discussion. ORDINANCE 092314-2 ACCEPTING AND APPROPRIATING $39,078.43 TO THE ROANOKE COUNTY PUBLIC SCHOOLS FOR VARIOUS GRANTS AND SUPPLEMENTS WHEREAS, the Virginia Department of Education allocates funds for school divisions for secondary Career and Technical Education equipment on an annual basis. Staff estimated an initial budget appropriation of $8,096. The Virginia Department of Education notified Roanoke County Public Schools that the actual appropriation for this year is $21,250.68, which requires an additional supplemental appropriation of $13,154.68; and WHEREAS, the Virginia Department of Education notified Roanoke County Public Schools that the actual Perkins Grant will be $136,560.43. The budget currently contains $132,086, which requires an additional supplemental appropriation of $4,474.43; and WHEREAS, The Virginia Department of Education notified Roanoke County Public Schools that they have been allocated $4,036.56 for Workplace Readiness Skills testing and/or other industry certification assessments. This requires an appropriation of $4,036.56; and WHEREAS, the Virginia Department of Education notified Roanoke County Public Schools that they have been allocated $17,412.76 for certain Career and Technical Education (CTE) industry certification examinations, licensure tests and occupational competency assessments for students enrolled in CTE classes that are eligible for such examination. This requires an appropriation of $17,412.76; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on September 9, 2014, and the second reading was held on September 23, 2014. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows- 672 September 23, 2014 1. That the sum of $39,078.43 is hereby appropriated to the Roanoke County Public Schools; and 2. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None 2. Ordinance approving an agreement between the County of Roanoke and Craig Botetourt Electric Cooperative for the use of space on tower sites and appropriating $6,000 to the County Radio Replacement Fund (Bill Hunter, Director of Communications and Information Technology) Mr. Hunter advised there were no changes from the first reading. There was no discussion. ORDINANCE 092314-3 APPROVING AN AGREEMENT BETWEEN THE COUNTY OF ROANOKE AND CRAIG BOTETOURT ELECTRIC COOPERATIVE FOR USE OF SPACE ON TOWER SITES AND APPROPRIATING $6,000 TO THE COUNTY RADIO REPLACEMENT FUND WHEREAS, Roanoke County staff recommends approval of an agreement with Roanoke County and Craig Botetourt Electric Cooperative for installation of equipment on the Fort Lewis Mountain Radio Site; and WHEREAS, Craig Botetourt Electric Cooperative will reimburse Roanoke County for use of the site; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, first reading of this ordinance was held on September 9, 2014, and the second reading was held on September 23, 2014. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . ollows:1. That agreements between Roanoke County and Craig Botetourt Electric Cooperative for the use of the Fort Lewis Mountain towers be entered into; and 2. That the sum of $6,000 is hereby appropriated to the County's Radio Replacement Fund (463010) to offset costs incurred for maintaining the radio system; and 3. That the Interim County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf September 23, 2014 673 of the Board of Supervisors in this matter as are necessary to accomplish the lease of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall take effect from and after the date of adoption. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None IN RE: CONSENT AGENDA RESOLUTION 092314-4 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 ollows:That the certain section of the agenda of the Board of Supervisors for September 23, 2014, 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 8 inclusive, as follows - 1 . ollows:1. Request to accept and allocate grant funds in the amount of $37,876 from the U. S. Department of Justice's Bulletproof Vest Partnership to the Roanoke County Police Department for the 2014 award solicitation 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Glenna 0. Ratcliffe, Economic Development Administrative Assistant, upon her retirement after more than seven (7) years of service 3. Confirmation of appointment to the Grievance Panel (at Large) 4. Request for adoption of Drainage Maintenance Projects for fiscal year 2014- 2015 5. Resolution requested the Virginia Department of Transportation and Commonwealth Transportation Board to fund projects for the fiscal year 2016- 2021 Six -Year Improvement Program 6. Resolution requesting the Roanoke Valley Area Metropolitan Planning Organization fund a list of projects for the fiscal year 2016-2021 Regional Surface Transportation Program 7. Resolution requesting the Roanoke Valley Area Metropolitan Planning Organization (RVAMPO) fund a Regional Surface Transportation Program (RSTP) project for expansion and completion of the Tinker Creek Greenway in Roanoke County, Virginia 674 September 23, 2014 8. Request to ann t and aIloGa+o a donation in darnel int of $341.67 from �c��uca�-accepr-arra-arry cc-a�rvrra Tr�r� Supervisor Al Bedrosian to the DebtFundnd (Item was removed for separate consideration.) On motion of Supervisor McNamara to adopt the resolution, with the exception of Item H-8 and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A -092314-4.a A -092314-4.c A -092314-4.d RESOLUTION 092314-4.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GLENNA O. RATCLIFLFE, ECONOMIC DEVELOPMENT ADMINISTRATIVE ASSISTANT, UPON HER RETIREMENT AFTER MORE THAN SEVEN (7) YEARS OF SERVICE WHEREAS, Glenna 0. Ratcliffe was employed by Roanoke County on August 6, 2007; and WHEREAS, Ms. Ratcliffe retired on September 1, 2014, after seven (7) years and one (1) month of devoted, faithful and professional service to Roanoke County; and WHEREAS, Ms. Ratcliffe, through her employment with the Economic Development Department of Roanoke County, has been instrumental in providing excellent staff support, a spirit of cooperation and concern for improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, throughout her tenure with Roanoke County, Ms. Ratcliffe served as Recording Clerk to the ten (10) -member Economic Development Authority, where she managed the meeting agendas, minutes and notices. She also maintained the financial and legal records of the Authority, including bond confirmations and related correspondence; and WHEREAS, Ms. Ratcliffe performed departmental budget and financial oversight functions including monitoring multiple departmental and capital accounts, processing invoices, preparing payroll and budget reports; and WHEREAS, Ms. Ratcliffe assisted the Director and staff in business development related activities including proposal preparation, power point presentations, certificates of appreciation and the coordination of marketing materials for use with new and existing businesses; and WHEREAS, Ms. Ratcliffe served as the Office Manager, Technical Contact and Records Manager for the Department, and September 23, 2014 675 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 GLENNA O. RATCLIFFE for more than seven (7) 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 Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None RESOLUTION 092314-4.e REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND COMMONWEALTH TRANSPORTATION BOARD TO FUND PROJECTS FOR THE FISCAL YEAR 2016-2021 SIX- YEAR IMPROVEMENT PROGRAM WHEREAS, the Six -Year Improvement Program is the Commonwealth Transportation Board's plan for identifying funds anticipated to be available for highway and other forms of transportation construction; and WHEREAS, the Six -Year Improvement Program is updated annually to assist in the allocation of federal and state funds for interstate and primary highways; and WHEREAS, the Roanoke County Board of Supervisors reviewed a list of four (4) projects for Six -Year Improvement Program funding at a work session on September 9, 2014; and WHEREAS, the Roanoke County Board of Supervisors supports the list of four (4) projects for Six -Year Improvement Program funding, as well as supports the ongoing efforts for the Roanoke River Greenway and Plantation Road Project. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board of Supervisors requests the Virginia Department of Transportation and Commonwealth Transportation Board to fund the following list of projects for the fiscal year 2016-2021 Six -Year Improvement Program - a. Interstate 81 Widening from Exit 118 to Exit 150 b. Interstate 73 Construction and Improvements to Existing Route 220 c. Route 419 Widening / Access Management / Pedestrian Accommodations from Route 220 to Route 221 d. Route 460 Widening and Improvements between 1-581 and Alternate 220 W6�WAIQ '0ZA• September 23, 2014 2. That the Board of Supervisors requests the Virginia Department of Transportation and Commonwealth Transportation Board to continue funding the Roanoke River Greenway and Plantation Road Project. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None RESOLUTION 092314-4.f REQUESTING THE ROANOKE VALLEY AREA METROPOLITAN PLANNING ORGANIZATION FUND A LIST OF PROJECTS FOR THE FISCAL YEAR 2016- 2021 REGIONAL SURFACE TRANSPORTATION PROGRAM WHEREAS, the Roanoke Valley Area Metropolitan Planning Organization reviews applications for funding through the Regional Surface Transportation Program and makes recommendations for project funding to the Commonwealth Transportation Board; and WHEREAS, the Roanoke County Board of Supervisors reviewed a list of six (6) projects for Regional Surface Transportation Program funding at a work session on September 9, 2014; and WHEREAS, the Roanoke County Board of Supervisors supports the list of six (6) projects for Regional Surface Transportation Program funding. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia requests the Roanoke Valley Area Metropolitan Planning Organization fund the following list of projects for the fiscal year 2016-2021 Regional Surface Transportation Program: 1. Plantation Road Project — Lila Drive Intersection 2. Plantation Road Project — Friendship / Carvin's Creek Bridge Replacement 3. Plantation Road Project — Friendship Lane Reconstruction 4. Plantation Road Project — Phase 2 5. Exit 140 Park and Ride 6. West Main Street Pedestrian Improvements — Phase 2 7. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None September 23, 2014 677 RESOLUTION 092314-4.g REQUESTING THE ROANOKE VALLEY AREA METROPOLITAN PLANNING ORGANIZATION (RVAMPO) FUND A REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) PROJECT FOR EXPANSION AND COMPLETION OF THE TINKER CREEK GREENWAY IN ROANOKE COUNTY, VIRGINIA WHEREAS, the City of Roanoke, Roanoke County, Botetourt County, the Town of Vinton and the Roanoke Valley Greenway Commission desire to exhibit unanimous support for all RSTP applications involving the Tinker Creek Greenway submitted to RVAMPO with the goal of expanding and completing the Tinker Creek Greenway in all four (4) jurisdictions; and WHEREAS, the Tinker Creek Greenway alignment is designated as a Priority Two Greenway in the 2007 Update to the Roanoke Valley Conceptual Greenway Plan and is planned to connect the Roanoke River Greenway to Carvins Cove Natural Reserve; and WHEREAS, the Tinker Creek Greenway Conceptual Master Plan was developed by the Roanoke Valley Greenway Commission and Virginia Tech landscape architecture students in the Landscape Architecture Department, in cooperation with the City of Roanoke, Town of Vinton and Roanoke County in Spring 2000, to identify potential routes for the Tinker Creek Greenway between Fallon Park and Carvins Cove Natural Reserve; and WHEREAS, the Tinker Creek Greenway has been completed between (1) the Roanoke River Greenway and Fallon Park in the City of Roanoke, and (2) Carvins Cove Natural Reserve and the trailhead parking lot north of Interstate 81 in Botetourt County and Roanoke County; and WHEREAS, Botetourt County has developed a Comprehensive Trail Plan to direct the expansion and enhancement of its trail inventory to include establishing trail connections to the Tinker Creek Greenway for the benefit of residents in southern Botetourt County, eastern Roanoke County and other trail users; and WHEREAS, the focus of the RSTP applications is to expand and complete the Tinker Creek Greenway between Fallon Park in the City of Roanoke and the trailhead parking lot north of Interstate 81 in Roanoke County as well as into Botetourt County. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the RVAMPO fund projects for the expansion and completion of the multijurisdictional Tinker Creek Greenway in the localities of the City of Roanoke, Roanoke County, Botetourt County and the Town of Vinton. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: 678 September 23, 2014 AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None 1. Request to accept and allocate a donation in the amount of $341.67 from Supervisor Al Bedrosian to the Debt Fund A-092314-5 Supervisor Bedrosian stated the reason that he wanted to talk about this item is this has been an issue that has been very, very important to him from the beginning and from prior years actually as he has seen done on the Board. He has seen this through government at state and national levels. He is doing this to highlight. Supervisor Bedrosian stated the Board voted themselves a raise a couple of months ago and he thought it was totally inappropriate for us to do that. His promise that he made that he would never do that, so when he received that money as an increase to his salary, he gave it back and asked that it go to the debt fund. He has also asked Mr. Mahoney (County Attorney) to put together something when the Board does its legislative session in October that somehow we change this. The pushback he has always gotten on these things is, "that's the way it is, it is the way it is always done." It is an interesting fact that it is the way it is done by government, but we are government. The five members sitting here are government, so he thinks the Board has the right, we really should be demanding this, all of us. First of all, it is not the way any business would ever do. They would not be able to give themselves a raise. He has made the point before that the only person that can give themselves a raise is an owner of a business. The Board does not own Roanoke County. We work for Roanoke County. The other comment, which may be a little nit of a comment, this donation he gave back on August 4, 2014 was deposited on August 5, 2014 before we had this meeting. He thought it was unusual that the day after the check was given to Roanoke County it was deposited before it was even voted on. Is that normal? Rebecca Owens, Director of Finance advised this is not different; anytime staff receives money they have internal controls where they would process and send it to the Treasurer's office and get it deposited. What we have not done until the Board actually approves it is to make any kind of appropriation and have not made any extra payments towards the debt service until the Board actually approves it. We deposit it as cash, but have not made any type of appropriation. On motion of Supervisor McNamara to adopt the staff recommendation, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None September 23, 2014 679 IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS The following citizens spoke: Steve Rosenthal stated he would like to amplify some comments that Mr. Bedrosian made on the radio earlier today as they related to cutting the grass, basically on the highway right-of-way, the medium and the shoulders. He stated that it has not been cut as frequently as it should be and it gives the area a less than desirable appearance to visitors and residents alike. He agrees with that and would hope that the County can use it's agency to have that done more frequently. Another thing that he has noted personally over the years and a lot of places that he has lived, the shoulders of the road accumulate various debris, sometimes pieces of metal, glass, nails (that can cause flats), cigarette butts, pebbles, etc. If the Board could arrange maybe through VDOT or however else for the road to be cleaned more frequently, he thinks would be a good thing and present a better appearance of the whole area. In fact, someone from out of town just earlier this week commented to him about that, but also stated it was a common problem throughout the State and other places he has been. In addition, he thanked Ms. Moore particularly, and the rest of the Board for the extended hours for the library on Sunday. He has been several times. IN RE: REPORTS Supervisor Moore moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Comparative Statement of Budgeted and Actual Revenues as of August 31, 2014 5. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of August 31, 2014 6. Accounts Paid — August 31, 2014 7. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of August 31, 2014 8. Annual Report of the County of Roanoke Local Finance Board Supervisor Bedrosian inquired about the first three reports, which Rebecca Owens, Director of Finance explained. Supervisor Bedrosian asked if the 680 September 23, 2014 funds were invested with Ms. Owens responding in the affirmative advising that is handled by the Treasurer. At 3:59 p.m., Supervisor McNamara moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A 1 namely discussion concerning an appointment to the South Peak CDA; Total Action Against Poverty Board of Directors (At -Large) and Section 2.2.3711.A.3 Discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board of Supervisors The motion carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None Supervisor Bedrosian commented it is no secret that he has asked to have something on a closed meeting, which was denied with a three to two (3 to 2) vote and in this meeting for the closed session, he would like item number one removed. He is comfortable with items 2 and three, but he would like to see if we could just vote on two and three and have a discussion on item one because it relates to something he is very uncomfortable with and he just finds he would not want to participate in item 1 today. At 4:00 p.m., Supervisor McNamara moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A 1 Discussion or consideration of the employment and appointment of specific public officers, appointees or employees, namely the County Administrator The motion carried by the following recorded vote: AYES: Supervisors Moore, Peters, McNamara NAYS: Supervisors Bedrosian, Church Supervisor Bedrosian stated closed session items must be discussed very delicately because they deal with either personnel issues or negotiations we are having. He believes there are seven (7) items that are done in closed sessions, it is very limited. However, right now we are looking for a County Administrator. We have been dealing with something on this Board for the last several months, couple of months and it has not been resolved. He stated he thinks it is effecting at least his view of going into closed session item number 1. No matter how anybody votes today, he will not be attending the closed session agenda item number 1 today. Supervisor Church stated he also has been concerned, more than a little concerned. He was on the downside of the denial to hear a closed session that was requested at the last meeting. He has some grave concerns and is reading from text on purpose. There are some problems that continue to exist in Roanoke County. To date, the majority of this Board refuses to discuss these issues and he uses the words, "in September 23, 2014 681 detail." We have discussed, but not in detail during closed session, which led to the request for Closed Session that was turned down at the last meeting. Since he feels very strongly that the item connects very closely with closed session item one today, he cannot in good conscience continue and attend this closed session either. He wanted it noted that he has been actively involved in the search process for the County Administrator and he will remain involved. He simply feels strongly that we must get our house in order first. At 4:04 p.m. Chairman McNamara recessed to the 4t" floor for work session and closed meeting. IN RE: WORK SESSIONS 1. Work session to review the preliminary financial results for June 30, 2014, for the County of Roanoke (Rebecca Owens, Director of Finance) In attendance for this work session were Rebecca Owens, Director of Finance; Laurie Gearheart, Assistant Director of Finance; Daniel R. O'Donnell, Interim County Administrator; Jimmy Lyon; Budget Analyst. Ms. Owens provided the Board with a PowerPoint presentation and advised revenue was $2 million above budget. Mr. Lyon explained to the Board the general fund revenues and advised there were a lot of one- time revenue gains. He indicated that Social Services came in higher than expected and is working with them to figure out how that occurred. Chairman McNamara asked if all the rescue fees on a reoccurring basis for capital for Fire and Rescue. Ms. Owens explained it was the excess only. There is no funding stream. Supervisor Peters then asked what the $178,000 is with Mr. O'Donnell advising that is the revenue above the projection. Supervisor Peters stated staff advised this was set aside. Does this go to buy more trucks? Ms. Owens explained at the end of the year earmark it and put it in a capital account and it will come back to the Board for recommendation on how to use it. Mr. Lyons then explained that the Courthouse fees are used solely for the Courthouse Capital Maintenance Projects and is not budgeted upfront and will be incorporated into the year-end appropriations and roll-over process. He indicated that real estate and personal property numbers are both positive. There are a couple areas of concern: sales tax and meals tax continue to underperform. Supervisor Church inquired how is Roanoke City doing with Mr. Lyon advising their sales tax figures were worse than ours. Meals tax in the City has not been hit as hard. Supervisor Bedrosian asked if this was a downward or upward swing with Mr. Lyon advising it is an upward swing. There is an upward trend. 682 September 23, 2014 Mr. Lyon advised the Recordation and Conveyance numbers are slightly down and they will keep an eye on those numbers. It was the consensus of the Board to move forward with all prior approvals and be appropriated in November. Supervisor Bedrosian then asked where the surplus goes. Ms. Owens responded $178,000 is earmarked for Capital for Fire and Rescue and will be brought back to the Board. $532,638 will be added to the General Fund Unappropriated Balance up to the eleven percent (11 %). Ms. Owens stated the eleven percent (11 %) is far less than what the rating agencies and the National General Government Financial Officer's Association recommend. (Fifteen to twenty-five percent (15% to 25%). The last component would be to add the $1,305,748 to the Major Capital. Supervisor Peters stated the General Fund Unappropriated Balance allows us to not have lines of credit with Ms. Owens responding in the affirmative. Supervisor Church asked Mr. O'Donnell to take a look at the Contribution Accounts. The work session was held from 4:18 p.m. until 4:56 p.m. 2. Work session to discuss weed ordinance enforcement as requested by Supervisor Joseph B. "Butch" Church (Paul M. Mahoney, County Attorney) Mr. Mahoney advised some things we can do on our own. Some will have to go back to the State legislature. Mr. Mahoney provided the Board with a handout showing complaints. It was his suggestion to amend the County code to get the habitual offenders and suggested that the Board add to their legislative agenda. It was also the Board's consensus to ask the legislators to adhere to local ordinances. The work session was held from 4:57 p.m. until 5:20 p.m. IN RE: CERTIFICATION RESOLUTION At 7:00 p.m., Supervisor McNamara moved to return to open session and adopted the certification resolution. IN RE: CERTIFICATION RESOLUTION RESOLUTION 092314-6 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 September 23, 2014 683 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 . nowledge: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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None Supervisors Bedrosian and Church both responded with their vote their non -participation in the Closed Meeting, pursuant to Section 2.2.3711A.1 Discussion or consideration of the employment of specific public officers, appointees or employees, namely the County Administrator. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of Daniel Norman, a Fire and Rescue volunteer who pulled a young man from a burning vehicle (Richard E. Burch, Jr., Chief of Fire and Rescue) Chief Burch outlined the recognition. In attendance were Mr. Norman and his wife and newborn child. Several members of the volunteer staff were in attendance. All Supervisors offered their thanks. IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. The petition of Ibnsina Karkenny to obtain a special use permit to expand the square footage of an existing convenience store by ten percent (10%) or greater in a AV, Agricultural/Village Center, District, on approximately 1.15 acres, located at 2938 Jae Valley Road, Vinton Magisterial District (Philip Thompson, Deputy Director of Planning) 684 September 23, 2014 Mr. Thompson outlined the petition for the special use permit. There was no discussion. Chairman McNamara opened the public hearing and closed the public hearing with no citizens to speak on this issue. ORDINANCE 092314-7 GRANTING A SPECIAL USE PERMIT TO EXPAND THE SQUARE FOOTAGE OF AN EXISTING CONVENIENCE STORE BY TEN PERCENT (10%) OR GREATER IN AN AV, AGRICULTURALIVILLAGE CENTER DISTRICT ON APPROXIAMTELY 1.15 ACRES LOCATED AT 2938 JAE VALLEY ROAD (TAX MAP NO. 079.01-04-24.00-0000) VINTON MAGISTERIAL DISTRICT, UPON THE PETITION OF IBNSINA KARKENNY WHEREAS, Ibnsina Karkenny has filed a petition for a special use permit to expand the square footage of an existing convenience store by ten percent (10%) or greater in an AV, Agricultural/Village Center District located at 2938 Jae Valley Road (Tax Map No. 079.01-04-24.00-0000) in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 2, 2014; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 26, 2014; the second reading and public hearing on this matter was held on September 23, 2014. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . ollows:1. That the Board finds that the granting of a special use permit to Ibnsina Karkenny to expand the square footage of an existing convenience store by ten percent (10%) or greater in an AV, Agricultural/Village Center District on approximately 1.15 acres located at 2938 Jae Valley Road in the Vinton Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Peters to adopt the ordinance, and carried by the following recorded vote: September 23, 2014 685 AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None 2. The petition of Tracy Bryant to amend special use permit conditions to operate a garden center in a AVS, Agricultural/Village Center, District with a special use permit on a 0.763—acre portion of an approximately 1.94 -acre parcel, located at 7796 Bent Mountain Road, Windsor Hills Magisterial District. The amended conditions would allow for the addition of a propane filling station to the existing garden center (Philip Thompson, Deputy Director of Planning) Mr. Thompson outlined the petition for the special use permit. Petitioner was in attendance. There was no discussion. Chairman McNamara opened the public hearing and closed the public hearing with no citizens to speak on this issue. ORDINANCE 092314-8 AMENDING EXISTING SPECIAL USE PERMIT CONDITIONS TO ALLOW FOR THE ADDITION OF A PROPANE FILLING STATION FOR AN EXISTING GARDEN CENTER USE IN AN AVS, AGRICULTURAL/ VILLAGE CENTER, DISTRICT WITH A SPECIAL USE PERMIT ON A 0.763 ACRE PORTION OF AN APPROXIMATELY 1.94 ACRE PARCEL LOCATED AT 7796 BENT MOUNTAIN ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF TRACY A. BRYANT WHEREAS, Ordinance 022701-12 adopted on February 27, 2001, rezoned a 1.94 acre parcel of real estate located in the 7700 block of Bent Mountain Road (portion of Tax Map #095.01-01-45.00-0000) to AV, Agricultural/Village Center District and granted a special use permit with conditions for the operation of a garden center upon application by Tracy A. Bryant; and WHEREAS, the applicant, Tracy A. Bryant, has filed a petition to amend the existing special use permit conditions to allow the addition of a propane filing station at the existing garden center; and WHEREAS, the Planning Commission held a public hearing on this matter on September 2, 2014; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 26, 2014; and a second reading and public hearing on this matter on September 23, 2014. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 686 September 23, 2014 1. That the Board finds that amending the conditions of a special use permit granted to Tracy A. Bryant for an existing garden center located at 7796 Bent Mountain Road (portion of Tax Map # 095.01-01-45.00-0000) (Windsor Hills Magisterial District) to allow for the addition of a propane filing station is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, that it shall have a minimum adverse impact on the surrounding neighborhood or community, and therefore said special use permit conditions are hereby AMENDED and APPROVED to read and provide as follow: a) The ten -foot planting strip shall be provided adjacent to Bent Mountain Road right-of-way. Within the planting strip, one small evergreen tree shall be planted every ten (10) linear feet. The landscaping requirements shall comply with the requirements contained in Section 30-92. b) There shall be no sale or storage of fertilizers or pesticides on the site. The sale or storage of petroleum products on site shall be limited to the propane filling station. c) As part of site plan review the limits of the Federal Emergency Management Agency (FEMA) designated flood way shall be established by a Virginia licensed surveyor or engineer and permanently marked on the ground. d) No equipment or products shall be stored in the FEMA designated flood way. e) As a part of site plan review a Virginia licensed engineer shall prepare a plan designed to prevent bulk products stored from encroaching into the FEMA flood way. f) No temporary portable signs may be used on the property. g) Only a monument sign shall be used as a freestanding sign. The sign shall have a maximum height of seven feet and no greater than twenty-eight (28) square feet of copy area. h) There shall be no grinding, chipping or processing of mulch, raw wood or other product on the site. i) There shall be no wholesale distribution from the site. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The provisions of this special use permit are not severable. Invalidation of any word, phrase, clause, sentence or paragraph shall invalidate the remainder. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None September 23, 2014 687 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Bedrosian stated this will relate back to the closed session and the issue he had earlier today. Supervisor Church and he did not participate in one of the closed session items. The reason we did not, only speaking for himself, is that he is very uncomfortable about an issue that has come before the Board. He stated he is going to read what he has prepared because he wants to stay on track. This is a sensitive issue because they are closed session items. He wanted to preface what he is going to say that when he decided to get involved in local government, he did it for two reasons. Those of you who have met him over the last several months or so realize that I am not a politician; he is not very good at that actually. He did it for two reasons. The first one was to protect the rights of the citizens and by that he mean stop spending money we did not have to, try to lower taxes so people can keep more of their own money and to help us not encroach on God given rights that each one of has from our property to our finances and our ability to voice our opinions and that was the first key reason that he got involved in becoming a supervisor. Secondly, he got involved in government because many people that he knows and shares the values that he does were giving up on the institution of government. They were so fed up with the way government runs from local government to state government to the national government. He wants to do his part to instill a little confidence back in government that when we did things we did them right, aboveboard and everything open so everybody could see exactly what we are doing. He is an average person; no great talents that wanted to get involved. He wanted to prove to people that you could still get involved in government and bring some sense of ethics and common sense back to government again and the people could start trusting people that worked in government and we would always do the right thing, always; never turn a blind eye to something that is going on and say "that is not my area, I am not getting involved." Every day he approaches this job he is looking at what he can do to what is right and he thinks it is a great challenge in government because there are a lot of pressures from individuals, organizations to do something different. Now, a couple of months ago, an issue came before the five (5) supervisors that was discussed in closed session. He will be reading this because he knows and appreciates the sensitivity of these issues. An issue came before the Board several months ago, personnel issue, disturbing in fact that all five Board members discussed these issues again in another closed session. After that, Supervisor Church and 1, and he is assuming it is just us two, keep persisting that it needs to be addressed. We did ask the County Attorney if we could read the reports, the documented reports, and we did in his office; bothered him very much. Many people would say that is just government. After reading this, he was very uncomfortable. Just as a coincidence, his family just walked and he did not know they would be here. He stated he would be uncomfortable for anyone in his family to work in Roanoke County government and that is just the way he is. He advised he expects our 688 September 23, 2014 government to be run in a very high level. We need to evaluate what we do and we need to make sure it is held to high level. If he needs to be doing something, somebody needs to tell him. He advised he is navigating around a sensitive issue. He is not going to disclose anything, but that does not mean he has to be okay and cannot try to resolve. This is why he did not attend the closed session earlier today. One of the items has a connection with something else and we need to resolve the main issue. A lot of times, we talk about the issues are not for us. We are legislators, not personnel, but he started thinking about that and on the national level, if something is wrong Congress investigates and they are legislators. The same is true on the State level; they do jump in and investigate and that is why he feels it is important to keep on the forefront and let people know he is very uncomfortable with it. In closing, he just wants to give all the Supervisors to have the opportunity to look at this issue. The document that he and Supervisor Church looked at was open for all Supervisors, just look at it and read it, but no one else did and that bothers him. Supervisor Church stated on a lighter note to two schools he represents, Glenvar and Northside. They are still doing really great in football. The Northside Vikings have hit a bump in the road, maybe two bumps in the road. Salem just flat beat us, a very superior Salem team. Unfortunately, we have another tragedy, Austin Fisher, one of the greatest you will ever know, a running back in his senior year; hustles when he gets on the school bus was involving in accident with a broken leg in two places and is out for the entire season. Just a few weeks prior, the All -State selection, Chance Hall, was sidelined with season ending surgery. His heart goes out to Austin Fisher and his family and hopes he has a quick recovery, Godspeed to him. He advised he too has some comments. I do not normally read from text, but on the advice of counsel, I will read my statements tonight. He does agree with Supervisor Bedrosian that we have some serious issues here and unfortunately they tie together and could not in good conscience go to that session when he feels we need to do some house cleaning in our own backyard first. "My comments will center around a request for a closed session during our September 9t" meeting... which was denied on a 3-2 vote. The way that it happened was very strange but I must admit ... I was not surprised with the way it was handled by (3) Board Members. It was so unusual, in fact, in the manner that it was handled that I feel sure that citizens in attendance and those watching on TV did recognize it to be out of the ordinary to say the least. To those attending tonight's meeting, and citizens watching from home, I want to say to you that our Board does not routinely become involved in personnel issues. But what I want to advise you about tonight is anything but routine. The request for a closed session during our last meeting was asked for so our board members could discuss in detail the information that Supervisor Bedrosian and I reviewed over a month ago. The information that I reviewed is so important that it begged for more private discussion. Realizing the gravity surrounding these items, I am certain that our entire board should look deeper into the matter. Supervisor Bedrosian and I viewed the documents together, and I want to emphasize that these documents were available for every Board member to view ... but September 23, 2014 689 as of today, Supervisor Bedrosian and I are the only members who have taken the opportunity to review them. I am very concerned about what I read, so much in fact that it has weighed heavily on my mind and heart since I viewed the information. I cannot ... in good conscience... sit back and turn my head on it. I am convinced that if the citizens of Roanoke County viewed these same documents; they would demand that I follow this situation to a rightful conclusion, one that does not give any suggestion of a cover-up or unfair treatment to anyone. I simply cannot allow myself take a "pass on this". In my opinion there is a distinct possibility that guidelines and policies have been violated so as to negatively affect the work environment of employees of our County, and I also believe that it is something that did not occur overnight. If I am correct, and I certainly believe that I am ... I would not want my family members or yours to have to work in this environment. The members of this Board have a responsibility to avail themselves of information that tends to suggest that this County or its employees are carrying out their duties in any manner other than as required by law, and to direct that this County adequately address such information. To date, members of this Board, other than Supervisor Bedrosian and me, have refused to review this information: I call upon the other members of this Board to view these documents, and, absent that, I challenge the media to pursue truth and bring this matter to light so that it cannot be swept under the rug. I am bound by confidentiality from saying more, but I trust I have said enough. Supervisor Peters stated he is concerned that each Board member took an oath, he took his back in December. We took an oath to represent Roanoke County and its citizens. It is no secret and you can read item L-1 and read it is about the County Administrator and it is no secret we are looking for one. He feels it is unfortunate that in any situation whether it is the County or in business that you need someone leading that business, leading the County. He stated he feels it is unfortunate that basically 36,000 people were left out of the discussion. He does think Roanoke County can make some improvements, but we need someone leading the charge. He does think we are going to continue to move forward because we need to get someone at the helm to take care of these issues when they do arise. Supervisor McNamara stated he would like to respond to the gentlemen from Catawba and Hollins. By not participating in closed session, he has heard we need to have confidence in government; government needs to be aboveboard. Perhaps that is suggesting that we are not aboveboard and that upsets him. Perhaps he hears, "we need to bring some ethics back to government." That implies that three Board members are not ethical? He does not think so. "We are uncomfortable with an issue that has come before the Board." Guess what, everyone is uncomfortable with it. We met with it, staff dealt with it and we moved on. We met again at the request of two Board members and we decided as a Board that the issue has been dealt with and we moved on. Now you say we are not good politicians, this entire nonsense is all political in his mind. This is political. Let's create an aura of doubt so that we can be the savior. We are going to come in and clean up government. Let me tell you, the only thing that is broke with this government is when you have two members that do not want to .•1 September 23, 2014 participate in closed session to hire a County Administrator. IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 7:34 p.m. to a special meeting to be held on October 7, 2014 at 6:00 p.m. by: Approved by: 4��42 "'UtQ, -e Deborah C. Jadki6 j6�6ph P. McNamara Deputy Clerk to the Board Cfiairman