HomeMy WebLinkAbout7/25/2017 - RegularJuly 25, 2017
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
283
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the only regularly scheduled meeting
of the month of July 2017. 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 an invocation was given by Pastor
M. Sylvia Ball from Sweet Union Baptist Church. The Pledge of Allegiance was recited
by all present.
IN RE: CALL TO ORDER
Chairman McNamara called the meeting to order at 3:02 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Joseph P. McNamara, Supervisors George G.
Assaid, Al Bedrosian, Martha B. Hooker and P. Jason Peters
MEMBERS ABSENT: None
STAFF PRESENT: Thomas C. Gates, County Administrator; Daniel R.
O'Donnell, Assistant County Administrator; Richard
Caywood, Assistant County Administrator; Ruth Ellen
Kuhnel, County Attorney; Amy Whittaker, Public Information
Officer and Deborah C. Jacks, Chief Deputy Clerk to the
Board
IN RE: CERTIFICATION RESOLUTION
RESOLUTION 072517-1 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia convened a
closed meeting on June 27, 2017, pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
284 July 25, 2017
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, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
There were none.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of Richard L. Caywood, Assistant County
Administrator for receiving the Virginia Local Government
Management Association's Marcia Mashaw Outstanding
Assistant Award (Thomas C. Gates, County Administrator)
Recognition was given.
2. Recognition of the Roanoke County Strategic Plan for receiving
the 2017 Virginian Award for Implementation and Accountability
from the Virginia Chapter of the American Planning Association
(Daniel R. O'Donnell, Assistant County Administrator)
Recognition was given. In attendance were Amy Whittaker, Public
Information Officer; Megan Cronise, Principal Planner; Philip Thompson, Deputy
Director of Planning and Gray Craig, Web Content Manager.
July 25, 2017 285
IN RE: BRIEFINGS
1. Briefing to introduce to the Board of Supervisors members of the
Budget and Fiscal Affairs Committee (BFAC) (Christopher R.
Bever, Director, Management and Budget)
Mr. Bever introduced Harvey Brookins and provided the briefing. Also in
attendance were Sherry Lawrence, Sam English, Mike Leigh; all members of the
Budget and Fiscal Affairs Committee.
2. Briefing to update the
Valley Pipeline project
Administrator)
Briefing was given.
IN RE: NEW BUSINESS
Board of Supervisors on the Mountain
(Richard Caywood, Assistant County
1. Resolution amending the County Administrator's Employment
Agreement (Ruth Ellen Kuhnel, County Attorney)
Ms. Kuhnel outlined the changes to the agreement.
Mr. Bedrosian provided a presentation of a summary of the County
Administrator's Compensation from the time he joined the Board in 2014 to present. A
copy of the presentation is on file in the office of the Clerk to the Board. He stated the
reason it is important is that he had several emails on this. People just want to
understand. He analyzed this so he could see exactly what was being voted on. He
differs greatly from the other Board members. He had voted no three years ago for
Tom Gates; a big part was the compensation package. He is very concerned when
compensation increases drastically that we set ourselves on a course that we have to
keep doing. He does not think as a County that we can afford it. When he joined the
Board, Clay Goodman was the County Administrator. He would like to verify with Ms.
Kuhnel, he had a salary of $165,300 and when he asked about the deferred
compensation, a term he had not really heard until Mr. Gates. He really did not have
deferred compensation; he received $25 every two weeks as a match to his 401(a),
which is like a 401(k). So, the best he could tell and wants to make sure this is all
correct is that his total compensation package, in the year he came onto the Board was
$165,950.
286 July 25, 2017
So, that is correct. When we look at today's total package, it is almost $212,000, which
is a $46,000 increase in compensation from the prior County Administrator. So, that
position is now $46,000 greater or 27%. So, to him, that is a concern and again in
closed meetings, he is so far out of what everybody else is talking about. He just
wanted people to see. In the three years he has been here, his compensation package
went to $204,000 and is now bumping up to basically $211,000. By the time Mr. Gates
finishes, it will probably be up to $220,000. This is what concerns him, he looks at the
difference. Just wants to make sure all of his numbers are correct.
Ms. Kuhnel responded that for purposes of her role, she created an
addendum based on what the Board decided.
Supervisor Bedrosian stated he will be voting no. When discussing salary
increases, there is a concern for future years that these increases, $46,000 over the last
four years, is a hefty, hefty increase and feels we are going to start creating these big
gaps between the County Administrator and Assistant County Administrator or the
County Attorney or Directors and all those gaps are going to have to be filled in. He
would just like to bring that concern to the Board.
Supervisor McNamara stated the change in salary by this action, if Mr.
Gates on an annual basis chooses to participate in the program is $7,168, which is
about 3 '/2%. We did engage an outside firm to evaluate payroll of competitive
jurisdictions. We also took into account the cost of living in the competitive jurisdictions
and made adjustments. One of those jurisdictions is Roanoke City, which is quite a bit
higher than us by $15,000 to $18,000, but he thinks the contract reflects a very good job
and is happy to be able to vote to continue to work our current County Administrator for
another couple of years.
RESOLUTION 072517-2 AMENDING THE COUNTY
ADMINISTRATOR'S EMPLOYMENT AGREEMENT
WHEREAS, on November 18, 2014 the Roanoke County Board of Supervisors
approved the appointment of Thomas C. Gates as County Administrator and executed a
contract on that same day by Resolution 111814-1; and
WHEREAS, the contract states that any amendment must be by written
agreement; and
WHEREAS, the Board and Mr. Gates desire to amend the existing contract to
reflect a two-year extension and to amend other terms to reflect the current relationship.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke
County, Virginia, as follows:
July 25, 2017 287
1. The current term of the Employment Agreement of the County Administrator,
Thomas C. Gates, is hereby extended for a two-year term ending December
27, 2019.
2. The Chairman of the Board is hereby authorized to sign the attached
Amendment to reflect changes to the original Employment Agreement, which
Amendment is hereby made a part of this Resolution. (Attachment)
On motion of Supervisor Assaid to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, Peters, McNamara
NAYS: Supervisor Bedrosian
2. Resolution of the Board of Supervisors of the County of Roanoke,
Virginia authorizing the execution of certain documents in
connection with certain General Obligation School Bonds
previously purchased by the Virginia Public School Authority
(Rebecca Owens, Director of Finance)
Ms. Owens outlined the request for the resolution. Supervisor McNamara
inquired if this was the school side with Ms. Owens responding in the affirmative stating
that it is shared with Roanoke County.
Supervisor Peters inquired if there was going to be a cost savings; which
Ms. Owens advised would be $227,000 spanned over the life of the loan and in any one
given fiscal year it could be $6,000 to $18,000.
Supervisor Bedrosian confirmed it was over the amount of years; which
Ms. Owens responded it was a 20 year loan. The principle and interest payments will
still need to be made. This would be a refund. Supervisor Bedrosian asked if there was
a cost associated with Ms. Owens advising the amounts in the Board report were
estimated net savings. Supervisor Bedrosian then asked if rates were going up with
Ms. Owens responding in the affirmative.
RESOLUTION 072517-3 OF THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA
AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS
IN CONNECTION WITH CERTAIN GENERAL OBLIGATION
SCHOOL BONDS PREVIOUSLY PURCHASED BY THE
VIRGINIA PUBLIC SCHOOL AUTHORITY
288 July 25, 2017
WHEREAS, the County of Roanoke, Virginia (the "County") previously issued its
General Obligation School Bond, Series 2011 (the "2011 Local Bond") to finance certain
capital projects for public school purposes, which was purchased by the Virginia Public
School Authority ("VPSA") with a portion of the proceeds of VPSA's School Financing
Bonds Series 2011 (the "2011 VPSA Bonds"); and
WHEREAS, VPSA has notified the County that (i) VPSA is issuing its
School Financing Refunding Bonds, Series 2017 to potentially refund a portion of
the 2011 VPSA Bonds (the "Refunded VPSA Bonds") for debt service savings and
(ii) VPSA will allocate the debt service savings achieved as a result of such refunding
to the local school bonds purchased with the Refunded VPSA Bonds, including a
portion of the Local Bonds (the "County's Refunded Local Bonds")- and
WHEREAS, VPSA has notified the County that the County will receive its
allocable share of the savings achieved over the remaining amortization period of
the County's Refunded Local Bonds through an annual credit (the "Refunding
Credit"), which will be paid to the County on or after August 1 of each applicable year,
provided the County's debt service payments on the Local Bonds have been received;
and
WHEREAS, in order to receive the Refunding Credit, VPSA requires that
the County and the School Board of the County execute a Certificate of Refunding of
Local School Bond (the "Refunding Certificate") in a form substantially similar to
the Certificate of Refunding of Local School Bond on file with the County's
Director of Finance; and
WHEREAS, the Board of Supervisors of the County (the "Board") desires
to authorize the execution and delivery of the Refunding Certificate and the
performance of such other actions required by VPSA in order to receive the Refunding
Credit.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA:
1. The Board authorizes and directs the County Administrator and the
Director of Finance, or either of them, and such officers and agents of the County
as either of them may designate to execute and deliver the Refunding Certificate
and to take such other actions and to sign such other documents as required by
VPSA in order to receive the Refund Credit and all such actions previously taken
are ratified and confirmed.
2. This resolution shall take effect immediately
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Peters and carried by the following recorded vote:
July 25, 2017 289
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinance authorizing the Board of Supervisors of Roanoke
County to enter into and execute a revision of the Extraterritorial
Arrest Powers Agreement with the City of Roanoke, the City of
Salem and the Town of Vinton (Howard B. Hall, Chief of Police)
Chief Hall advised there were no changes from the first reading.
ORDINANCE 072517-4 AUTHORIZING THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO ENTER INTO AND
EXECUTE A REVISION OF THE EXTRATERRITORIAL ARREST
POWERS AGREEMENT WITH THE CITY OF ROANOKE, THE
CITY OF SALEM AND THE TOWN OF VINTON
WHEREAS, in October of 1985 the County of Roanoke and the City of Roanoke
entered into an extraterritorial agreement which granted arrest powers to the County
Sheriff's deputies and the City's police officers for certain traffic related offenses; and
WHEREAS, in April of 1991 an amended extraterritorial agreement was executed
by the County and the City to reflect the establishment of the Roanoke County Police
Department and certain technical amendments to the Virginia Motor Vehicle Code; and
WHEREAS, in April of 2013 an amended extraterritorial agreement was executed
by the County of Roanoke, the City of Roanoke, the City of Salem and the Town of
Vinton expanding the arrest powers of officers in those jurisdictions to any violation of
state law and to extend that authority to off-duty officers, except those engaging in off-
duty secondary police related employment outside their normal jurisdictions, as a
concrete example of governmental cooperation; and
WHEREAS, in April 2013 the police departments in the Roanoke Valley were
using the Roanoke Area Criminal Justice Information Network (RACJIN) system to
share information. The current extraterritorial arrest agreement references RACJIN and
requires a notification of extraterritorial arrests if that system is not used. RACJIN is no
longer being used as all of the participating agencies are participating in the State-wide
LINX system. Since that time, the regional information sharing system used by the
police departments has changed. As a result, the requirement for notifications is no
longer needed. The requested revision of the agreement will delete Section 3
"Notifications." All other provisions of the existing agreement will remain the same; and
WHEREAS, Section 15.2-1736 of the 1950 Code of Virginia provides that the
290 July 25, 2017
governing bodies of localities may enter in and become a party to contracts or mutual
aid agreements for the use of their joint forces, both regular and auxiliary, their
equipment and materials to maintain peace and good order; and
WHEREAS, Section 15.2-300 of the 1950 Code of Virginia provides for the joint
exercise of powers by political subdivisions of the Commonwealth of Virginia; and
WHEREAS, the first reading of this ordinance was held on June 27, 2017, and
the second reading was held on Tuesday, July 25, 2017.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County as follows -
1 .
ollows:1. That the County Administrator is hereby authorized, by and on behalf of
the County of Roanoke, to enter into and execute a Revision of the Extraterritorial
Arrest Agreement between the Count of Roanoke, the City of Roanoke, the City of
Salem, and the Town of Vinton.
2. That this ordinance shall be in full force and effect from and after its
passage.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
2. Ordinance accepting and appropriating $42,389.50 from the
Western Virginia Water Authority for use of the Roanoke Valley
Radio System (Bill Hunter, Director of Communications and
Information Technology; Susan Slough, Assistant Director of
Communications and Information Technology)
Ms. Slough advised there were no changes from the first reading.
ORDINANCE 072517-5 TO APPROPRIATE FUNDS IN THE
AMOUNT OF $42,389.50 FROM THE WESTERN VIRGINIA
WATER AUTHORITY TO THE COUNTY OF ROANOKE
COMMUNICATIONS AND INFORMATION TECHNOLOGY FUND
FOR FISCAL YEAR 2017-2018
WHEREAS, the Western Virginia Water Authority (WVWA) has signed an
agreement to become a user of the Roanoke Valley Digital Radio System; and
WHEREAS, the WVWA has agreed to pay the County of Roanoke $42,389.50
for the purchase of radios and annual maintenance costs for fiscal year 2017-2018; and
July 25, 2017 291
WHEREAS, funds received from the WVWA will be appropriated to the County's
Communication and Information Technology Fund to provide for costs associated with
the WVWA use of the Roanoke Valley Digital Radio System; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance before they are expended; and
WHEREAS, first reading of this ordinance was held on June 27, 2017, and the
second reading was held on July 25, 2017.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows -
1 .
ollows:1. That the sum of $42,389.50 is hereby appropriated from revenue received
from the Western Virginia Water Authority (WVWA) to the County's Communication and
Information Technology Fund for fiscal year 2017-2018.
2. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
3. Ordinance accepting and appropriating grant funds in the amount
of $485,490.59 from the Virginia Information Technology Agency
Public Safety Answering Point (PSAP) Grant Program (Bill Hunter,
Director of Communications and Information Technology; Susan
Slough, Assistant Director of Communications and Information
Technology)
Ms. Slough advised there were no changes from the first reading.
ORDINANCE 072517-6 ACCEPTING AND APPROPRIATING
GRANT FUNDS IN THE AMOUNT OF $485,490.59 FROM THE
VIRGINIA INFORMATION TECHNOLOGY AGENCY PUBLIC
SAFETY ANSWERING POINT (PSAP) GRANT PROGRAM
WHEREAS, the Virginia Information Technology Agency has provided funding for
several Public Safety Answering Point grants throughout the Commonwealth; and
WHEREAS, advances in location technology offer an opportunity to streamline
regional data management and access; and
292 July 25, 2017
WHEREAS, the Roanoke County Department of Communications and
Information Technology has been awarded a grant from the Virginia Information
Technology Agency Public Safety Answering Point Grant Program; and
WHEREAS, these funds are specific to creating and establishing a regional
dataset used by Roanoke County, the City of Roanoke and the City of Salem Public
Safety Answering Points; and
WHEREAS, the grant will provide $485,490.59 in State funds and does not
require a County match; and
WHEREAS, this project will support PSAP readiness for future technology and
enhance the current efficiency of each PSAP; 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 June 27, 2017, and the
second reading was held on July 25, 2017.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows -
1 .
ollows:1. That the sum of $485,490.59 is hereby accepted and appropriated from
the Virginia Information Technology Agency to the Department of
Communications and Information Technology; and
2. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
IN RE: CONSENT AGENDA
Chairman McNamara noted there was one change from the Board Report
with regard to the Roanoke Valley -Alleghany Regional Commission the appointment
confirmation should be for Thomas C. Gates instead of Daniel R. O'Donnell.
July 25, 2017 293
RESOLUTION 072517-7 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
ollows:That the certain section of the agenda of the Board of Supervisors for July 25,
2017, designated as Item I - 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 .
ollows:1. Approval of minutes — April 25, 2017; May 9, 2017
2. Confirmation of appointment of Lisa Garst (At -Large) to the Blue Ridge
Behavioral Healthcare Board of Directors
3. Confirmation of appointments to the Court Community Corrections Alcohol
Safety Action Program (ASAP) Policy Board; Court Community Corrections
Program Regional Community Criminal Justice Board; Local Office on Aging
Advisory Council, Parks, Recreation and Tourism Advisory Commission;
Roanoke County Economic Development Authority; Roanoke Valley
Convention & Visitors Bureau Board of Directors; Roanoke Valley Resource
Authority; Roanoke Valley Transportation Planning Organization; Roanoke
Valley -Alleghany Regional Commission; Roanoke Valley -Alleghany Regional
Comprehensive Economic Development Strategy Committee; Total Action for
Progress (TAP) Board of Directors
4. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Starlena S. Patton, Recreation Program Supervisor, upon
her retirement after thirty-nine (39) years of service
5. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Julius D. Shepheard, Deputy Sheriff- Sergeant, upon his
retirement after more than twenty-two years of service
6. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Lawrence T. Williams, Jr., Parks Planning and
Development Manager, upon his retirement after over eleven (11) years of
service
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
294 July 25, 2017
A -072517-7.a
A -072517-7.b
RESOLUTION 072517-7.c EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO STARLENA S. PATTON, RECREATION PROGRAM
SUPERVISOR, UPON HER RETIREMENT AFTER MORE THAN
THIRTY NINE (39) YEARS OF SERVICE
WHEREAS, Ms. Patton was employed by Roanoke County in April, 1978 on a
part-time basis and October 1, 1981, on a full-time basis; and
WHEREAS, Ms. Patton will retire on May 1, 2017, after thirty nine years of
devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Ms. Patton's tenure with the Parks, Recreation and Tourism
Department, she served with professionalism and dedication to provide support for the
citizens of Roanoke County by acting as the liaison between our Department and the 11
Youth Recreation Clubs and serving as an expert league scheduler; and
WHEREAS, Ms. Patton served on the committee to develop the Parks,
Recreation and Tourism Department's first Community Use Manual; was a committee
member with Virginia Amateur Sports for the Virginia Commonwealth Games; and was
instrumental in starting the Cheerleading Olympics and the Roanoke County Classic
Soccer Tournament; and
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 STARLENA S. PATTON for thirty nine 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 Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
RESOLUTION 072517-7. d EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO JULIUS DWIGHT SHEPHEARD, DEPUTY SHERIFF -
SERGEANT, UPON HIS RETIREMENT AFTER MORE THAN
TWENTY-TWO (22) YEARS OF SERVICE
July 25, 2017 295
WHEREAS, Mr. Shepheard was employed by Roanoke County on August 9,
1986 -July 5, 1994; and following a brief departure returned to serve January 13, 2003 -
June 30, 2017; and
WHEREAS, Mr. Shepheard will retire on July 1, 2017, after twenty two years
and five months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Mr. Shepheard's tenure with the County, he has served as
Deputy Sheriff -Lieutenant, Deputy Sheriff -Sergeant, Deputy Sheriff —Rehabilitation;
Deputy Sheriff — Care and Confinement and Deputy Sheriff -Sergeant with the Sheriff's
Office and has served with professionalism and dedication in providing services to the
citizens of Roanoke County; and
WHEREAS, Sgt. Shepheard in addition to his responsibilities as a Deputy Sheriff,
was also heavily involved in outreach through Special Olympics and Junior
Achievement. Sgt. Shepheard has dedicated the majority of his adult life in service to
his community and his contributions to the County of Roanoke are greatly appreciated.
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 JULIUS D. SHEPHEARD for more than twenty two 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 Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
RESOLUTION 072517-7.e EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO LAWRENCE T. WILLIAMS, JR., PARKS PLANNING AND
DEVELOPMENT MANAGER, UPON HIS RETIREMENT AFTER
MORE THAN ELEVEN (11) YEARS OF SERVICE
WHEREAS, Mr. Williams, Jr. was employed by Roanoke County on August 1,
2005; and will retire on July 1, 2017, after eleven years and eleven months of devoted,
faithful, professional and dedicated service to the Roanoke County; and
WHEREAS, during Mr. William's tenure with the Parks, Recreation and Tourism
Department, he created a comprehensive data base of Roanoke County Park
maintained properties that included mapping sites and collecting pertinent information
now used as a main Department resource, and provided expert support for the creation
296 July 25, 2017
of the 2008 Parks, Recreation, and Tourism Masterplan and the 2016 Explore Park
Masterplan; and
WHEREAS, Mr. Williams administered the designs, environmental permitting and
compliance, and the management of numerous Capital Maintenance Projects and
Capital Improvements Projects that included the planning and development of our
Blueways and Greenways, and a significant contribution to the ongoing development of
the Roanoke River Greenway; and
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 LAWRENCE T. WILLIAMS, JR. for more than eleven 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 Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
Kathy Chandler offered congratulations to Mr. Caywood for winning
award; he has done a lot and spent a lot of time with MVP, less we not make them
popular for giving the award, let's keep in mind who they are and what they stand for. A
special thank you to Mr. McNamara as they have crossed paths on a day in early may
where she knew that somebody for our area made a quick lifeline call and he came
immediately to see surveying in action. She apologized to everybody else because she
does not think she has afforded them the opportunity. Grace Terry made a special call
and he grabbed old tennis shoes and came and walked the wetlands, hiked out into a
field where even some of the landowners were not able to go and what you see if a
vast territory of people digging in the grass, but it meant a lot that you came. She is
here because they have been to her again and she heard the word unfortunate used in
conversation about the fact that they came. They actually have been a couple of times
and she will not bore the Board with all the details. At the end of May, May 31, they
said they were going to come. We knew that the rules of engagement would be that we
were noticed and then we would have to meet them as they have done; that part has
not changed, although there have been changes in the way the last few things have
happened. On May 31St, a lot of neighbors came to support and we strategized about
the details about where they may enter and who was noticed and who was unnoticed.
July 25, 2017 297
The idea of who was noticed and unnoticed came into play because as field agents met
some landowners at the front of the road, another portion of them broke off and tried to
break through a back property from the highway. They were met there also by
neighbors with a banner and they moved along farther to go to another unnoticed
property; which backs up to her property. It was "unfortunate" that it was misunderstood
in the offices of the County that they came to her property. They did not come to our
property because she met the officers on the highway and had a lengthy discussion,
patient as they always are, officers that she has met with before and explaining to them
that they are not on her property, but they are headed that way and they are headed
that way through somebody else's property because her land is landlocked at that point.
So, if they don't come straight down the road, their only recourse is to come in through a
side and bushwhack. She has invited officers to come with her to the survey sites and
they have declined. In conversation that day, she asked, "What does Mrs. so and so
think about this; has she given permission." Not that anybody listens to that part. "I
don't know about that." "Has she been given notice?" At that point, all action and
conversation stopped and off he went to check and in two seconds they were out of
there because they did not have notice, but their intent was to get what they needed.
What they need is information about water. Once again, she is going to ask for some
latitude. The intersection of the pipeline corridor and our access intended road is a
great wealth of water and it has not been well described. Her filings at the end of the
comment period bridge the gap between trying not to tell them were everything is and
help them do their job and letting the powers that be know they are missing things. She
has come just shy of saying, "How many adults do you know get a do -over when they
don't do good work." That is what this company is about because they came again July
10 and 11th and we have a successful and peaceful "you cannot come on July 10 with
all the same portions checked and rechecked and they have not noticed properties
again, but on the 11th they elect to wake them up at the crack of dawn and come
marching down Green Hollow in secrecy; that was called unfortunate. It is more than
unfortunate, it is unethical, not like normal business is done and she cannot even
discuss all the other facts that happened, but on July 10th, Sergeant Kipper, who has
been to her property several times, had a very lengthy discussion with the field agents
of MVP and explained to them carefully, "you really need to get a court order" and all of
that good advice was not heeded by that company. The next morning they took matters
into their own hands, as they have done before on her property and they came the way
they wanted to. She posed to the Board, despite all of their hard work and all of their
policy construction, these people will do what they want to do and Roanoke County
needs to take in caution the absolute disrespect for our officers because it happened
last July also. Gale Curry flat out told one of them that he was going to work despite the
fact that she was present at the time and those were the rules of the game. The other
issue here is water. Our water is your water and that momentum has picked up steam
298 July 25, 2017
and it is not a story; it is reality. The water shed for the Roanoke Valley comes from
those mountains. It rolls downhill into a circuit of creeks and streams and filtered
through wetlands and ends up in the reservoir. Everybody needs to know that water will
touch all of the valley. It flows to the Salem side, it flows to the lake. It is not just
Roanoke County, top of the mountain kind of issue. DEQ needs to come and do their
job. They need to get on the ground. They need to come see all of these little springs
and streams. MVP totally missed the story of wells and have the audacity to send
landowners a letters saying, "let us come and we will test your water for free." With the
kind of credibility they have, why would anybody invite them to their property to assess
their drinking water and believe they would give you that information or that it would be
accurate? Sam Rasoul had a press conference last week where he absolutely called
upon DEQ to suspend all hearings for the time being until the science can be
adequately heard by people who need to hear the full message. There are erodible
soils, steep slopes and a lot of waters that will be impacted, more crossings than you
can count. She is sorry if it is a big job; it is a big pipeline and it needs to have the real
evaluation that is required. You have not put three years of work into this and it is three,
not two. On October 1, 2014, she got her first call from a land agent. It requires more
work and it requires that everybody ask DEQ to do their job. She would ask that the
Board join off with DEQ who does have the right, the ability and privilege of saying no
pipeline. We have been to delegates, virtual science fairs on tour to share with the
masses that the water is an important issue for the whole valley and DEQ has the ability
to say no pipeline. She has been to delegates and she has spoken with them
personally.
Chairman McNamara asked Ms. Chandler to get to the point.
The point is that is not a good idea and not because it is in her yard, there
are impacts to water for people outside of Bent Mountain and the story is DEQ on the
State level needs to do what they are required to do and she would ask that the Board
take your resolution and your courage and step up to say even further to suspend
hearings for now until the Roanoke Valley can get informed; until the science is well
shared with everyone and well heard. Even go so far as to say, Virginia does not need
to be a pipeline state; Connecticut, New York and other states have used their DEQ
equivalents to say not a good idea. Be proud of the State of Virginia. Be proud of the
hard work that you have done. Everybody talks about not wanting it and then we should
conciliatory, "well it's going to get approved." It does not need to get approved; it does
not have to be here.
Chairman McNamara asked Ms. Chander to stop. She stated she would
be happy to talk to anybody. There are health issues, wells that are within 1,000 feet of
the pipeline and when that shale runs dry in 10-12, maybe 15 years the easements are
constructed so that anything can go through that pipe including nuclear waste. When
that cracks or the dirt runs off of Poor Mountain and the pipes are exposed in the
July 25, 2017 299
weather, they leak into the ground water. The hydrology and the seismology; there are
seismic fault lines on Bent Mountain. Do you really want a little earthquake up there to
crack that thing and have whatever pipe leak into everybody's water? That is an issue.
She advised she was leaving Mr. Rasoul's press release that has some good
information.
Chairman McNamara reiterated that most of the Board is very aware of
everything she had spoken about.
Ms. Chandler stated she hoped it would go to a wider audience.
IN RE: REPORTS
Supervisor McNamara moved to receive and file the following reports.
The motion was seconded by Supervisor Hooker and carried by the following recorded
vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Accounts Paid — June 30, 2017
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Peters stated he had a couple of things he wanted to touch on
since the last meeting. He thanked Steve Simon our Fire and Rescue Chief and
actually Bob Goodlatte's office. He knows you may have seen it in the Roanoke Times,
but we received an $860,000 grant for our SCBA equipment that has been badly
needed for quite some time. It actually has been a benefit to the County because we
had proposed a $1.6 million in our capital budget to do that next year because it has
been a growing need for our fire department. He appreciates our staff working on that.
He appreciates Bob Goodlatte's office as well. A couple of things are going on in the
Vinton area. Last Thursday, we opened the Roland E. Cook School. It was one of our
old vacant schools that sat empty for quite some time. Dave Wilkerson has stepped up
and made that building a fabulous place. It has 21 apartments throughout and the last
he was updated, 18 of the apartments have been rented. Doug Forbes who is our
historian in Vinton moved into his apartment yesterday. Things are going well.
Macado's, over in the old library is well under way. We have been told that will be open
and ready to go by Christmas. The William Byrd project, another discussion that this
300 July 25, 2017
Board has had, will begin in the next month or so. We are looking forward to that.
Again, he would like to thank all of our employees and his citizens for their support.
Supervisor Bedrosian stated he had one items and this was an item we
talked about last time. It did not come up for a vote thanks to Ms. Hooker for asking that
we remove it from the agenda, about the Board of Supervisors giving themselves an
increase in salaries. He did not talk about it last time because it was moot point, but the
Chairman brought it up and there were some things that we said that he felt he needed
to comment on as his citizens asked. He brought up a slide, which he also did a year
ago. He asked that the Clerk show the slide that talks about all the wonderful benefits
that the Board of Supervisors have. (A copy of the slide is on file in the office of the
Clerk). He wants to continue reminding us as a Board and the citizens of Roanoke
County because they pay for them to be here and so he thinks it is important that he
reminds them how they are paid to be here and the wonderful benefits that you give the
Board already. We did not increase compensation for the Board members, again, it is
this Board voting for its own salary increases that really bothers him because he does
not think we should be doing that. So to talk about that we would not get qualified
people running for office. Quite frankly, over the last five or six years, this Board has
turned itself over once already. If you go back four or five years ago, no one on this
Board are people that we here before. We have had primaries, we have had elections
and people have gotten voted off and on. So, he would say that it is a very popular
thing to run, regardless of what the compensation is. So, the fact is that the
compensation is $17,425. There is a lot of people that do not know what the Board gets
paid. Some people may think a lot more, or some people might think it is a volunteer
job, but we do get paid $17,425. The Chairman gets an additional $1,800 and the Vice
Chairman gets an addition $1,200. He would like to remind everybody that we
volunteer to run for office. No one forces us to run for office, we volunteer knowing what
it is. So, he thinks that is important to note. A lot of people have run over the last five or
six years. Board members can receive health benefits. As a part-time employee, you
can receive health benefits, which he knows is worth several thousand dollars if you
went and got it on the open market that is a great benefit that the County, the taxpayers,
pay for. Every night we come to a Board meeting we have dinner prepared for us
upstairs. Something small, but it is nice. It is a wonderful benefit. We receive
invitations to every event in Roanoke and they are always free. You can go to the Hotel
Roanoke, dinner for some chamber thing, it is all taken care of by the citizens of
Roanoke County bottom line because they pay taxes that is what funds us to be able to
go if we wanted to. Once a year the Virginia Association of Counties has an annual
meeting, Greenbrier, the Homestead or some kind of place like that. It is not
inexpensive and is paid for by the citizens of Roanoke County to attend if we would like.
Each Board member is provided a laptop, Phone and Pad if they want it. Some of us
may not need all, but it is there for us free. Everything is taken care of by the County,
July 25, 2017 301
which means the taxpayers pay for that. All of the Board member are provided private
offices, if they want. You can use those private offices for whatever we want; our own
business, our own personal use. Again, not demeaning that because he thinks it is
wonderful. Thank you Roanoke County citizens as you all provide us with so many
things already. We should never ask for a salary increase. Finally, a new thing is that
all Board members can get a 25% discount at the Green Ridge Center. He has had his
issues with the Green Ridge Center since we lose money on that already and we
subsidize it, taxpayers do, but now Roanoke County employees and Board members
can get a 25% discount. Thank you Roanoke County citizens and he wants to say
thank you very much, you provide each one of us with a nice package. You did not
force us to run, we decide to run on our own and you provide us a lot and it is your
money that funds the Board. He will not be here next year, but he has to say that we
should never, never do our own salary increases on this Board. He has mentioned it
before it should be a referendum and let the citizens of Roanoke County vote on that if
they think our salaries should increase.
IN RE: WORK SESSIONS
1. Work session for the Board of Supervisors to discuss the draft
Reimagine/419 Town Center Plan (Joseph P. McNamara,
Chairman of the Board of Supervisors)
The work session was held from 4:26 pm until 5:09 pm
Supervisor McNamara stated the reason for the work session was on
June 6, 2017, the Board of Supervisors held a joint meeting with the Planning
Commission and the Board wanted thirty days to review the plan. He stated that there
were great presentations from staff and felt it appropriate to look through the
recommendations. The next step is for the Planning Commission to prepare an
"overlay" and bring back to the Board. He advised that some members of the Planning
Commission have asked for input.
Supervisor Hooker stated that she was reviewing the "to do" list on the
slide show and felt it would be beneficial to look through those.
Supervisor McNamara commented with regard to the Implementation
Matrix, he wanted to make sure that we make it easier on the developers as he did not
want to be standing in the way. His particular concerns were with the number of
oversight boards. He does not think we need to create new steps. Also he felt that
certain items, i.e. common look, logos, etc. look to be tying the hands of a developer.
302 July 25, 2017
Supervisor Bedrosian commented that we should put something out to the
developers. Could we get them in all in a room to know what the common obstacles
are? Supervisor McNamara advised that we have already done that. Jill Loope,
Director of Economic Development stated the existing tenants were invited to comment.
Mr. Philip Thompson, Deputy Director of Planning noted we are trying to develop for a
mix -use community and have been trying to do outreach. He also noted there could be
issued with other States rules.
Supervisor McNamara stated he was concerned about the "green"
regulations. He fells we are dictating to the developers.
Supervisor Hooker stated these are suggestions; not requirements.
Supervisor McNamara stated by encouraging, it seems like it is
subsidizing.
Supervisor Hooker stated she likes the design guideline options instead of
having another Board or hoops to jump through.
Richard Caywood, Assistant County Administrator commented that the
new Lewis Gale building was an encouraging example; they made changes because
they liked our vision.
Supervisor McNamara stated he does not want anything that will cost the
developer more. For example, bike paths and sidewalks. He would like to have some
developers show interest before we go done that path.
Mr. Caywood responded that there are some bike lanes coming from
Virginia Department of Transportation (VDOT). Supervisor McNamara stated they are
two entirely different things. Mr. Thomas C. Gates, County Administrator added that the
plan allows, but does not require those items to be there before demand. Everybody is
on the same page. He indicated there is nothing the plan calling for requirements that
will make it harder. It is a landlord requirement; not the County. He indicated the main
thing is to not get in front of ourselves and not make it more complicated with an
oversight board. He does not want us to be pushing or making restrictive. If we require
somebody to have certain things, we should help pay for and he has no interest in
paying for them. Suitability of the tenant is the landlord's responsibility.
Tarek Moneir, Deputy Director of Development explained how stormwater
is handled. Supervisor McNamara then reiterated that he does not want the overlay
district to tell the developer what they have to do.
Supervisor Peters commented that we have one time to do this right and
need to be very cautious.
Supervisor McNamara stated staff should encourage and suggest, but
need to step back and say now it is the developers' job.
Supervisor Peters stated but we should have what we want it to look like,
i.e. Peninsula Town Center in Hampton, VA
July 25, 2017 303
Supervisor Hooker commented that incentives do not always have to be
cash.
Mr. Thompson stated the recommendations came from consultants. From
our perspective, first are the development standards, zoning amendments, stormwater
amendments, the second is the infrastructure improvements, i.e. improvement to
interchange, staff has talked to Roanoke City engineer; third thing is the PR, marketing
and branding, property owner and developer engagement. You have to do all three
things. To clarify, the plan is the overall vision. These "steps" need to happen. When
approving the plan, it is not creating the overlay.
Supervisor Assaid commented he would like to see something in writing
before we move forward. Would be nice to know what the changes are. He is not
supportive at this stage because we cannot get there yet.
Mr. Thompson advised staff will be repackaging, i.e. trying to understand
what the intent behind the requirement. How do you handle, etc.?
Supervisor Assaid stated cost implications are absolutely part of the
process.
IN RE: CLOSED MEETING
At 4:11 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. to
discuss 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 public body. The motion was seconded by Supervisor Peters and carried by the
following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
At 4:12 pm Chairman McNamara recessed the meeting to the work
session and closed session.
The closed session was held from 5:19 pm until 5:42 p.m.
IN RE: CERTIFICATION RESOLUTION
At 5:42 p.m., Supervisor McNamara moved to return to open session and
adopt the certification resolution, seconded by Supervisor Peters.
304 July 25, 2017
RESOLUTION 072517-8 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member's
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies; and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Peters and carried by the following recorded vote:
AYES: Supervisors Assaid, Bedrosian, Hooker, Peters, McNamara
NAYS: None
IN RE: ADJOURNMENT
Chairman McNamara adjourned the meeting at 5:43 p.m.
Sbmitted by- Approved by:
Deborah q. Ja ksos ph P. McNamara
Chief Dep ty lerk to the Board C irman