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HomeMy WebLinkAbout12/21/2004 - Regular December 21, 2004 1031 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 21, 2004 The Board of Supervisors of Roanoke County, Virginia met this day atthe Roanoke County Administration Center, this being the third Tuesday and the second regularly scheduled meeting of the month of December, 2004. IN RE: CALL TO ORDER Chairman Flora called the meeting to order at 3:05 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard C. Flora, Vice-Chairman Michael W. Altizer, Supervisors Joseph B. “Butch” Church, Joseph McNamara, Michael A. Wray MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan O’Donnell, Assistant County Administrator; Brenda J. Holton, Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Reverend Bill Booth, Vinton Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Church requested that a closed session pursuant to the Code December 21, 2004 1032 of Virginia Section 2.2-3711 A (1) discussion or consideration of the performance of specific public officers be added to the agenda. There was unanimous consent to add this item. IN RE: PUBLIC HEARING 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2004-2005 budget in accordance with Section 15.2-2507, Code of Virginia. (Diane D. Hyatt, Chief Financial Officer ) Ms. Hyatt advised that Section 15.2-2507 of the Code of Virginia requires a public hearing when the Board is considering appropriations in excess of $500,000. announcing that a She reported that an advertisement was run in the Roanoke Times public hearing would be held at this meeting on the appropriation of an amount not to exceed $1,539,270.74 to authorize the borrowing from the Risk Management Fund for the purchase of five fire vehicles. This item was presented to the Board at their December 7 meeting and a resolution has been provided with the consent agenda for adoption at this meeting. In response to an inquiry from Supervisor Wray, Ms. Hyatt advised that nothing has changed since the item was presented to the Board. The public hearing was held and there were no citizens present to speak on this item. December 21, 2004 1033 2. Request to purchase five fire vehicles and adopt a resolution authorizing the borrowing of $1,539,270.74 from the Risk Management Fund to finance these vehicles R-122104-1 Supervisor Wray moved to approve the staff recommendation (approve the purchase of the fire vehicles and adopt the resolution which will finance $1,539,270.74 with interest of 2% annually through the County Risk Management Fund to be repaid over the next three years. In addition, apply the funds from Botetourt County to the loan.) Supervisor McNamara inquired if this item was being pulled from the consent agenda for action. Chairman Flora advised that if the Board wanted to act on the item at this time, it should be removed from the consent agenda. It was the consensus of the Board to consider the item at this time, and Chairman Flora removed it from the consent agenda. Supervisor Wray’s motion to adopt the resolution carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 122104-1 AUTHORIZING THE BORROWING OF $1,539,270.74 FROM THE INTERNAL SERVICE FUND BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA TO FINANCE THE ACQUISITION OF CERTAIN FIRE VEHICLES. December 21, 2004 1034 WHEREAS, the Board of Supervisors (the “Board”) of Roanoke County, Virginia, (the “County”) has determined that it is necessary and expedient to borrow an amount not to exceed $1,539,270.74 from the County Risk Management Fund to finance the acquisition of certain fire vehicles. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. The Board hereby determines that it is advisable to loan surplus monies available in the County Risk Management Fund to County Fire and Rescue Department to purchase fire vehicles (the “Loan”). The Loan shall be made on the terms set forth in this resolution. The County Risk Management Fund shall lend an aggregate principal amount not to exceed $1,539,270.74. There will be an interest charge of 2% annually for this loan. 2. The Fire and Rescue Department will repay the Risk Management Fund with 3 annual payments. The Fire and Rescue Department will repay the Risk Management Fund $400,000 in July 2005, $400,000 in July 2006 and $403,032.16 in July 2007. Botetourt County will pay $354,603.40 in fiscal year 2005-06 to Roanoke County’s Risk Management Fund. The loan from the County Risk Management Fund will be fully paid and satisfied in July 2007. 3. The Fire and Rescue Department may prepay the Loan at any time without penalty. 4. This resolution shall take effect immediately upon its adoption. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: NEW BUSINESS 1. Request to adopt the following financial policies: (Diane D. Hyatt, Chief Financial Officer) Ms. Hyatt advised that the County and school staffs have been working together to develop a series of fiscal policies which have been reviewed in concept with the Board and the School Board at previous meetings. At the December 7 meeting, the Board adopted an amendment to the debt policy and at this time, staff is requesting approval of four additional policies. She advised that she would explain each policy and December 21, 2004 1035 that the Board will need to take action on each item individually. (a) Adopt a policy for the general fund unappropriated balance R-122104-2 Ms. Hyatt advised that one of the reasons for adopting fiscal policies is to assist with the County’s bond rating because a well-managed local government has formally adopted fiscal policies. The Board currently has a goal statement of maintaining a fund balance of 6.52% of general fund revenues. The new policy for the general fund unappropriated balance will increase the balance to a minimum of 10% and a maximum of 11% over a period of time. Currently the rating agencies are recommending that 10% to 15% be held in the general fund unappropriated balance. This balance is important because it can be used for cash flow purposes, emergency uses, generation of interest income and short-term borrowing. The full fund balance should be in place by 2010-2011 and the policy states that the general fund unappropriated balance will be available for use by the Board in difficult economic times, to stabilize cash flow requirements and for emergency appropriations. The policy also states that it is the Board’s intent to maintain the minimum balance for the current fiscal year. The policy does have some flexibility to address emergency items during the year while allowing the fund balance to grow. Supervisor Altizer stated that the County’s unappropriated fund balance is now at 8.02%. Ms. Hyatt advised that these policies were effective with the year ending 2003-2004 and with the information presented in December, staff was able to build the December 21, 2004 1036 fund balance to the 8% fund level. Supervisor Wray inquired if the County’s fund balance will be at the maximum by 2010. Ms. Hyatt advised that a sliding scale is being used with half percent increments between the minimum and maximum so that by 2010- 2011, the minimum of 10% will be met. Using a sliding scale is consistent with other policies being developed so that funds can be placed into the major capital fund. Ms. Hyatt confirmed Chairman Flora’s statement that a separate vote is necessary for each item. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 122104-2 ADOPTING A GENERAL FUND UNAPPROPRIATED BALANCE POLICY WHEREAS, one of the measures of a fiscally well managed locality is the adoption of formal financial policies; and WHEREAS, the Board of Supervisors has previously had a goal of maintaining the General Fund Unappropriated Balance at 6.25% of general fund revenues; and WHEREAS, the Board of Supervisors now wishes to provide for the long-term economic stability of the County of Roanoke by establishing a formal policy for the establishment, maintenance, and use of the unreserved general fund balance. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the General Fund Unappropriated Balance Policy is adopted as follows, and 2. That this policy is in effect for FY 2003-04, and subsequent fiscal years unless otherwise amended by the Board of Supervisors. December 21, 2004 1037 On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None (b) Adopt a policy establishing capital reserves R-122104-3 Ms. Hyatt advised that this policy recognizes the need to develop a funding source for capital items and establishes major and minor capital funds. The major capital fund will be used to fund items that are in the County Capital Improvement Plan (CIP) adopted by the Board and are larger items such as construction. Monies will go into this fund from the excess revenues at year-end and funds will be expended as approved by the Board during the CIP process. These funds can be used for expediting debt payments, for cash outlay on larger capital projects, or for land purchases. The minor capital fund is being established to fund smaller projects that are not part of the County’s CIP or for one-time expenditures and is similar to the way that the County’s current unappropriated fund balance is being used. Monies will come into the fund from the unspent expenditures at year-end and these funds will be approved by the Board for one-time smaller capital items, for architectural and engineering fees on larger capital items or for major capital projects if the Board chooses. This provides some flexibility in how the funds are used. The schools will consider adoption of similar policies for major and minor capital funds at their January meeting. There was no discussion on this item. December 21, 2004 1038 Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 122104-3 ADOPTING A POLICY FOR COUNTY CAPITAL RESERVES WHEREAS, one of the measures of a fiscally well managed locality is the adoption of formal fiscal policies; and WHEREAS, the Board of Supervisors recognizes the need to fund capital projects; and WHEREAS, it is important to the Board of Supervisors to fund some capital projects on a pay-as-you-go basis. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows; 1. That the policy for County capital reserves is hereby adopted as follows; and 2. That this policy shall be in effect for FY 2003-04, and the subsequent fiscal years unless otherwise amended by the Board of Supervisors On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None (c) Amend the policy for the use of unexpended appropriations at the end of each fiscal year R-122104-4 Ms. Hyatt advised that this policy is an amendment of an existing policy for use of unexpended appropriations at the end of each fiscal year. The policy states that 60% of the unexpended appropriations are returned to the department which generated the savings if they have an approved one-time usage for the funds and the remaining December 21, 2004 1039 40% goes into the capital fund unappropriated balance. The change in the policy is to allow the remaining 40% to go into the minor capital fund. Supervisor Flora inquired if the rollover funds that are returned to the departments at year end have any effect on their upcoming budgets. Ms. Hyatt advised that these funds are only to be used for a one-time expenditure and the department’s budget does not increase. Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 122104-4 AMENDING THE POLICY FOR THE USE OF UNEXPENDED APPROPRIATIONS AT THE END OF EACH FISCAL YEAR WHEREAS, as a result of frugal management practices at both the departmental and administrative levels of County government, various County departments have completed the fiscal year with actual expenditures being less than budget appropriations; and WHEREAS, the Board of Supervisors has previously adopted Resolution 042396-5 on April 23, 1996 establishing a policy for the use of unexpended appropriations at the end of each fiscal year; and WHEREAS, the Board of Supervisors adopted this policy to fund capital reserves and to provide incentives to reduce annual expenditures below appropriations while maintaining the high quality delivery of public services. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the policy for the use of unexpended appropriations at the end of each fiscal year is hereby amended as follows, and 2. That this amended policy shall be in effect for FY 2003-04, and the subsequent fiscal years unless otherwise amended by the Board of Supervisors. December 21, 2004 1040 On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None (d) Adopt a policy for the use of general fund revenues in excess of budget at the end of the fiscal year R-122104-5 Ms. Hyatt advised that this is a policy for the use of general fund revenues in excess of budget at the end of the fiscal year. These excess revenues will go first to the general fund unappropriated balance until the maximum is reached for that year and then into the major capital fund. Using this policy, staff was able to fund the unappropriated fund balance at the maximum of 8% at the end of the 2003-2004 fiscal year and appropriate $1.416 million to the major capital fund. The schools have similar policies for year-end funds going into major and minor capital funds. Supervisor Wray stated that most of the excess money will be used to increase the general fund to the 10% level and after that level has been reached, those funds will go into the major capital fund. Ms. Hyatt advised that the policy was established with a sliding scale and the first year was set at 8% so that some of the funds could go into the major capital fund. Supervisor McNamara advised that although this is a policy for general fund revenues in excess of budget for the year end, item 3 C of the policy says that if in any year the general fund revenues are less than the budget, the difference will be removed from the general fund unappropriated balance. Ms. Hyatt advised that it has December 21, 2004 1041 occasionally happened that the revenues were under budget and in that case, funds were taken from the unappropriated fund balance. Supervisor McNamara recommended establishing a stabilization account so that revenues could be better forecasted and that a separate policy be established to advise the Board if revenues are under budget so that corrective action can be taken during the budget year. He advised that his preference is that revenue shortfall not be addressed in a surplus revenue policy. Ms. Hyatt advised that Budget Director Brent Robertson is working to develop budget policies and can incorporate these suggestions. Supervisor Wray moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 122104-5 ADOPTING A POLICY FOR THE USE OF GENERAL FUND REVENUE IN EXCESS OF BUDGET AT THE END OF EACH FISCAL YEAR WHEREAS, any general fund revenue in excess of budget at the end of each fiscal year reverts to the General Fund Unappropriated Balance; and WHEREAS, the Board of Supervisors is concerned about maintaining a sufficient level in the General Fund Unappropriated Balance; and WHEREAS, the Board of Supervisors is also concerned about funding major County capital improvements identified in the County Capital Improvements Plan. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the policy for the use of general fund revenue in excess of budget at the end of each fiscal year is hereby adopted as follows, and 2. That this amended policy shall be in effect for FY 2003-04, and the subsequent fiscal years unless otherwise amended by the Board of Supervisors. December 21, 2004 1042 On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 2. Request to adopt the drainage maintenance projects for fiscal year 2004-2005. (Arnold Covey, Director of Community Development) A-122104-6 Mr. Covey advised that at the December 7 work session with the Board, staff presented an overview of the drainage maintenance program. Staff also reviewed with the Board the history of the drainage program, drainage complaint procedure, maintenance responsibilities, the previously approved project list and new projects to be added. He advised that the list of projects is developed from drainage complaints and requests for assistance from the citizens. Mr. Covey advised that projects 159 through 271 were previously approved by the Board. Staff is now submitting projects 272 through 297 for inclusion in the drainage maintenance program for fiscal year 2004-2005. Descriptions of these projects were provided for the Board members with their agenda. Funding is available for the projects remaining on the approved list and through project 281 on the list to be added. The remaining projects will be funded in fiscal year 2005-2006. Staff recommends approval of projects 272 through 297 for inclusion into the drainage maintenance program. December 21, 2004 1043 Supervisor Flora advised that local government is more frequently being asked to solve these kinds of problems. Since the County is taking on additional responsibility for these problems, a funding stream for these projects should be identified rather than taking the funds from the budget. Supervisor McNamara commended County staff for the exemplary manner in which they deal with these issues on a daily basis. He advised that the County has increased their involvement and almost doubled their total expenditures in just a few years to address these problems. Supervisor Wray moved to approve the staff recommendation (approval of the additional drainage projects P-272 through P-297 for inclusion into the drainage maintenance priority list). The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Church moved to approve the first readings and set the second readings and public hearings for January 25, 2005. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None December 21, 2004 1044 1. First reading of ordinance to obtain a special use permit to construct a private stable on 2.876 acres, located at 861 Texas Hollow Road, Catawba Magisterial District, upon the petition of Billy D. Montgomery and Catherine R. Montgomery 2. First reading of ordinance to rezone 17.034 acres from R4C, high density residential district with conditions, to R4C, high density residential district with amended conditions, for the development of single family housing located at Plantation Road at the intersection of Hershberger Road, Hollins Magisterial District, upon the petition of M & M Developers, LLC 3. First reading of ordinance to amend Section 30-74-4 (A) of the Roanoke County Zoning Ordinance upon the petition of the Roanoke County Planning Commission. The purpose of the proposed amendment is to change the reference date for the Flood Insurance Study for Roanoke County prepared by the Federal Emergency Management Agency. The reference date will reflect the new Flood Insurance Study date of February 4, 2005, as amended. IN RE: SECOND READINGS OF ORDINANCES 1 Second reading of ordinance amending Article II, Taxes on Tangible Personal Property, Section 21-16, Returns, of the December 21, 2004 1045 Roanoke County Code to change the date of filing tangible personal property tax returns on motor vehicles and trailers from thirty (30) days to sixty (60) days. (Nancy Horn, Commissioner of the Revenue) O-122104-7 Mr. Mahoney advised that there has been no change since the first reading of the ordinance.There was no discussion. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None ORDINANCE 122104-7 AMENDING ARTICLE II, TAXES ON TANGIBLE PERSONAL PROPERTY, CHAPTER 21-16, RETURNS, OF THE ROANOKE COUNTY CODE TO CHANGE THE DATE OF FILING TANGIBLE PERSONAL PROPERTY TAX RETURNS ON MOTOR VEHICLES AND TRAILERS FROM THIRTY (30) DAYS TO SIXTY (60) DAYS WHEREAS,Title 58.1-3518 of the Code of Virginia (1950), as amended, requires every taxpayer owning any property subject to personal property taxation on January 1 of any year to file a personal property tax return with the commissioner of the revenue on or before May 1 of each year, except as otherwise provided by ordinance; and WHEREAS, Section 21-17(a) of the Roanoke County Code provides that County taxes on tangible personal property (except tangible personal property on motor vehicles, trailers and boats) shall be due from and after January 1 and payable on or before May 31 during the year for which it is assessed; and WHEREAS, Title 58.1-3518.1 (A) of the Code of Virginia (1950), as amended, establishes that a local governing body may provide for an alternative method of filing personal property tax returns for motor vehicles, trailers and boats; and December 21, 2004 1046 WHEREAS, Title 58.1-3518.1 (B) of the Code of Virginia (1950), as amended, provides that any jurisdiction which adopts an alternative method may require the owner of a motor vehicle, trailer or boat to file a new personal property tax return whenever there is: (i) a change in the name or address of the person or persons owning taxable personal property; (ii) a change in the situs of personal property; (iii) any other change affecting the assessment or levy of the personal property tax on motor vehicles, trailers or boats for which a tax return has been filed previously; or (iv) any change in which a person acquires one or more motor vehicles, trailers or boats and for which no personal property tax return has been filed; and WHEREAS,Title 58.1-3916 of the Code of Virginia (1950), as amended, establishes that a local governing body may provide by ordinance the time for filing tangible personal property tax returns and set penalties for failure to file returns in time; and WHEREAS, Section 21-16 (d) of the Roanoke County Code establishes that returns of tangible personal property on motor vehicles and trailers shall be filed within thirty (30) days of the occurrence of any of the following events, for the year for which the tax is assessed: (1) A change in the name or address of the person or persons owning taxable personal property; (2) A change in the situs of the taxable personal property; (3) A change in which a person acquires one or more motor vehicles and for which no personal property tax return has been filed; or (4) Any other change affecting the assessment or levy of the personal property tax on motor vehicles and trailers for which a tax return has been previously filed. WHEREAS,Section 21-16 of the Roanoke County Code further provides that any person who shall fail to file a return within thirty (30) days of the occurrences of any of the changes described in subsections (1), (2), (3), or (4) shall, in addition to the tax to be paid, be assessed a penalty of ten (10) percent of the tax due; and WHEREAS, the Board finds that amending Section 21-16 (d) of the Roanoke County Code to permit the change of the date for filing of tangible personal property tax returns on motor vehicles and trailers with a situs or status occurrence from thirty (30) days to sixty (60) days and by changing the time from which any penalty will be assessed thereon from thirty (30) days to sixty (60) days is necessary and appropriate for the assessment of tangible personal property on motor vehicles and boats; and WHEREAS, the first reading of this ordinance was held on December 7, 2004, and the second reading was held on December 21, 2004. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Article II, Taxes on Tangible Personal Property, OF CHAPTER 21, SECTION 21-16, Returns is amended to read and provide as follows: Sec. 21-16. Returns. December 21, 2004 1047 (d) Returns of tangible personal property on motor vehicles and trailers shall be filed within thirty (30) sixty (60) days of the occurrence of any of the following events, for the year for which the tax is assessed: (1) A change in the name or address of the person or persons owning taxable personal property; (2) A change in the situs of the taxable personal property; (3) A change in which a person acquires one or more motor vehicles and for which no personal property tax return has been filed; or (4) Any other change affecting the assessment or levy of the personal property tax on motor vehicles and trailers for which a tax return has been filed previously. Any person who shall fail to file such return within thirty (30) sixty (60) days of the occurrence of any of the changes described in subsections (1), (2), (3), or (4) shall, in addition to the tax to be paid, be assessed a penalty of ten (10) percent of the tax due. 2. That this ordinance shall be in full force and effect from and after January 1, 2005. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: APPOINTMENTS 1. Blue Ridge Behavioral Healthcare Chairman Flora advised that the Blue Ridge Behavioral Healthcare Board of Directors has appointed Dana Barnes Lee to serve as a member at large for a three- year term which will expire on December 31, 2007. He advised that ratification of this appointment has been placed on the consent agenda. 2. Citizens Advisory Committee for Regional Jail Project Chairman Flora advised that two citizens from each district have been appointed by the Board members to serve on this committee and that confirmation of these appointments has been placed on the consent agenda. December 21, 2004 1048 3. Roanoke Valley Area Metropolitan Planning Organization Community Advisory Committee (CAC) Supervisor Wray nominated Ted Grochowski to serve on this committee with no term limit and requested that confirmation of this appointment be placed on the consent agenda at today’s meeting. Supervisor Wray introduced Mr. Grochowski. IN RE: CONSENT AGENDA R-122104-8, R-122104-8.c Supervisor McNamara moved to adopt the consent resolution with Item 5 removed. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None Item 5 was removed from the consent agenda and adopted following the public hearing. RESOLUTION 122104-8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for December 21, 2004, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Approval of minutes – December 7, 2004 December 21, 2004 1049 2. Ratification and confirmation of committee appointments to the Blue Ridge Behavioral Healthcare, Roanoke Valley Area Metropolitan Planning Organization Community Advisory Committee (CAC), and the Roanoke County Planning Commission (appointed by district) 3. Confirmation of committee appointments to the Citizens Advisory Committee for the regional jail project 4. Request to adopt resolution canceling and rescheduling a meeting date of the Board of Supervisors 5.Request to purchase five fire vehicles and adopt a resolution authorizing the borrowing of $1,539,270.74 from the Risk Management Fund to finance these vehicles 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor McNamara to adopt the resolution with item 5 removed, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 122104-8.c CANCELING AND RESCHEDULING A MEETING DATE OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, by Resolution 010504-1the Board of Supervisors of Roanoke County established a meeting schedule for calendar year 2004 which included an organizational meeting of the Board to be held on Monday, January 3, 2005; and WHEREAS, the Board has determined that their organizational matters can be handled at the January 11, 2005 meeting; therefore, the organizational meeting scheduled for January 3, 2005 can be cancelled; and WHEREAS, § 2-102 e. provides for the manner in which the Board of Supervisors may change the time and place of a regular meeting. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County as follows: 1. That the meeting scheduled for Monday, January 3, 2005, be, and hereby is cancelled. 2. That the organizational meeting is rescheduled for Tuesday, January 11, 2005, at 2:30 p.m. at which time the Board will elect a Chairman and Vice Chairman and establish a regular meeting schedule for calendar year 2005. A regular meeting of the Board shall commence at 3:00 p.m. 3. That notice of this change shall be posted by the Clerk in a public location. December 21, 2004 1050 On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: REPORTS Supervisor Altizer moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 1. General Fund Unappropriated Balance 2. Major Capital Fund Unappropriated Balance 3. Minor Capital Fund Unappropriated Balance 4. Board Contingency Fund 5. Future Capital Projects 6. Accounts Paid – November 2004 7. Statement of expenditures and estimated and actual revenues for the month ended November 30, 2004 8. Statement of Treasurer’s accountability per investment and portfolio policy as of November 30, 2004 9. Proclamation signed by the Chairman 10. Economic Development Report for the month ended November 30, 2004 11. Report on proposed regional jail sites December 21, 2004 1051 IN RE: CLOSED MEETING At 3:43 p.m., Supervisor Flora moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made; and Section 2.2-3711 A (1) discussion or consideration of the performance of specific public officers. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: WORK SESSION 1. Work session to update the Board on the status of the Public Safety Building Project and plan for the upcoming activities. (Dan O’Donnell, Assistant County Administrator) The work session was held from 3:45 p.m. until 4:10 p.m. and presented by Mr. O’Donnell. He reported on the completed project activities during November and December which included: (1) execution of the contract with Northrop-Grumman - November 16, 2004; (2) notice to proceed for design - December 3, 2004; (3) kick-off meeting with County staff and Northrop-Grumman team to review the preliminary floor plans – December 3, 2004; (4) pre-development meeting with permitting agencies and Northrop-Grumman team to discuss preliminary schedule for permitting – December 8, 2004; (5) computer aided dispatch system planning meeting with County staff and December 21, 2004 1052 Northrop-Grumman – December 9, 2004; and (5) revalidation of changes to the floor plans discussed on December 3 – December 20, 2004. Mr. O’Donnell advised that the 35% design will be reviewed by a value engineering team organized by Construction Dynamics Group to find savings and/or operational improvements no later than the third week in January. The guaranteed maximum price, which must be less than the contract cost limit plus any change orders negotiated at that time, is to be determined on or before March 20, 2005, at 60% design completion. The date of completion for all phases of the project is March 3, 2007, which is 27 months from the notice to proceed. There was discussion concerning the need to inform the public about the impacts of the project since demolition of the school warehouses and the former Youth Haven II house could occur in February and the actual site work will begin in late February or early March. It was the consensus of the Board that staff will schedule a community meeting, tentatively at Glen Cove Elementary School, during the last week of January, 2005. It was also suggested that signs be posted in the area in advance announcing the proposed construction dates. Public Information Officer Teresa Hall advised that she is working on a video for Roanoke Valley Television to provide an update on the project. Mr. O’Donnell advised that the land transfer from the School Board will require a declaration of surplus property by the School Board and approval of an ordinance by the Board which requires a first reading, second reading, and public December 21, 2004 1053 hearing. The goal is to have the land transfer completed in February or March at the latest and it is anticipated that the School Board and Board actions can run concurrently. Mr. O’Donnell suggested the following process for approving change orders on the project: (1) up to $50,000 will be negotiated through the construction manager and approved by Mr. O’Donnell; (2) $50,000 to $100,000 will be approved by Mr. Hodge, County Administrator; and (3) over $100,000 will require Board approval. Mr. Hodge advised that staff will provide the Board with a monthly financial project report including documented administrative change orders. The Board members indicated that they agreed with this process. In response to Mr. O’Donnell’s inquiry about scheduling an official groundbreaking event for the project, it was the consensus of the Board that this should be held in March after the land transfer has been completed and construction has begun. 2. Work session to discuss middle school baseball and softball programs. (Pete Haislip, Director of Parks, Recreation & Tourism) The work session was held from 4:10 p.m. until 4:55 p.m. Mr. Hodge advised that staff wanted to share with the Board the impacts concerning the School Board’s decision to implement middle school baseball and softball. He advised that staff is supportive of all school programs but they need time to prepare and adjust the other recreational programs. December 21, 2004 1054 Mr. Haislip introduced the members of the Parks, Recreation and Advisory Commission who were present: Donna Wooldridge, Catawba District; Paul Bailey, Windsor Hills District; and Jack Griffith, Cave Spring District. He also introduced Ray Martin, Vice-President of Cave Spring American Little League; Fred Corbett, President of Cave Spring National Little League; and Karen Griffith, President of South County Softball League. Also present was Mark Courtright, Assistant Director of Recreation. Mr. Haislip advised that he is concerned that this issue was not brought before the joint Schools and Parks & Recreation Committee which was formed about four years ago. This committee has been very successful in dealing with joint issues and their agreement was that no new sports would be added unless there were adequate facilities and maintenance resources were allocated. Approximately one year ago, the schools held a community meeting to discuss these middle schools programs and staff expressed their concerns about facilities and maintenance. Mr. Haislip distributed an inventory and usage chart of 300 ft. baseball fields for March, April and May and advised that since the recreation teams do not begin play until April 1, there is no conflict in March but during April and May, fields are not available. The issue with softball is the impact on the recreation games, since the schools will be using the fields after 5:30 p.m., and maintenance concerns. Mr. Haislip distributed a maintenance plan which will allow the recreation department to take care of the fields in April and May while the schools are using them at the level required to have safe fields. He advised that they introduced a program last December 21, 2004 1055 year asking that the schools maintain the fields after they use them and before the fields are used by the recreation teams and he would like to see this continue. He has already been notified that there is the potential to lose the use of two fields at Hidden Valley Middle School for recreation games due to the new programs. Supervisor McNamara inquired if the schools had a plan for implementing these programs. Mr. Bailey advised that the schools did an analysis of fields and identified upgrading or building new fields to accommodate the ten middle school teams over the next two years at a cost of over $2 million. He advised that the proposal for building fields was made but not adopted; whereas the middle school baseball and softball programs were adopted by the School Board. Supervisor Church requested that Mr. Haislip provide the Board members with a copy of the Schools Sports Facilities Committee study. During the work session, the following impacts were discussed: higher maintenance costs; heavier use of fields; lack of 300 ft. fields for baseball; loss of the use of fields at the high schools; and the potential for less participation in the recreation clubs’ programs. It was the consensus of the Board to schedule a joint meeting with the School Board on January 18, 2005, at the County Administration Center to discuss the plans and impacts of these programs. Mr. Hodge will contact Dr. Weber to schedule the meeting. December 21, 2004 1056 IN RE: CLOSED MEETING The closed meeting was held from 5:15 p.m. until 6:58 p.m. IN RE: CERTIFICATION RESOLUTION R-122104-9 At 7:06 p.m., Supervisor Flora moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 122104-9 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 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 members 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 Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None December 21, 2004 1057 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1 Resolution of appreciation upon the retirement of D. Diane . Henson, General Registrar for the County of Roanoke, after thirty years of service R-122104-10 Chairman Flora presented the resolution to Ms. Henson. Also present were Ronkeith Adkins, Chairman of the Electoral Board; Warren Campbell, Vice- Chairman; Elizabeth Stokes, former member of the Electoral Board; Betty Graham, Deputy Assistant General Registrar; Jim Henson; and Judith Stokes, General Registrar. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 122104-10 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF D. DIANE HENSON, GENERAL REGISTRAR, AFTER THIRTY YEARS OF SERVICE WHEREAS, D. Diane Henson was first employed by Roanoke County on October 30, 1974, as Assistant Registrar, and also served as Deputy Assistant General Registrar and Acting Registrar; and WHEREAS, Ms. Henson was appointed General Registrar by the Roanoke County Electoral Board on June 1, 1996; and WHEREAS, Ms. Henson retired from Roanoke County on December 1, 2004, after thirty years and one month of service; and WHEREAS, during Ms. Henson’s tenure, the Registrar’s Office experienced many changes at the state level and she successful implemented these changes which included advancing keypunched records into an effective statewide computer system, December 21, 2004 1058 and executing the provisions of the National Voter Registration Act of 1993 know as the “Motor Voter Act”; and WHEREAS, Ms. Henson was instrumental in Roanoke County being one of the first localities in Virginia to purchase electronic voting equipment to comply with the Help America Vote Act of 2002, and successfully completed the transition to the new machines; and WHEREAS, Ms. Henson always exhibited neutrality and professionalism in her position and due to the many outreach programs established during the past thirty years, the registered voters have increased from approximately 35,500 to 60,000; and WHEREAS, Ms. Henson was a member of the Voter Registrar’s Association of Virginia and has served on various committees within that organization. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County, to D. DIANE HENSON for thirty years of capable, loyal and dedicated service to Roanoke County; and FURTHER, BE IT RESOLVED that the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 2ntroduction of Judith Ann Stokes, General Registrar . I Mr. Ronkeith Adkins, Chairman of the Electoral Board, introduced Ms. Stokes who was appointed General Registrar by the Electoral Board on October 26, 2004. Warren Campbell, Vice-Chairman of the Electoral Board; Elizabeth Stokes, former member of the Electoral Board; Betty Graham, Deputy Assistant General Registrar; and Diane Henson, former General Registrar, were also present. N RE:. PUBLIC HEARING I Public hearing to receive comments on the Secondary Road 1 . System Six-Year Construction Plan for fiscal years 2005-2011 and December 21, 2004 1059 the allocation of revenue sharing funds for fiscal year 2005-2006. (Arnold Covey, Director of Community Development) (a) Approval of resolution for the Secondary Road System Six- Year Construction Plan for fiscal years 2005-2011 and the allocation of funds for fiscal year 2005-2006 R-122104-11 Mr. Covey advised that in accordance with Section 33.1-70.01 of the Code of Virginia and the policy of the Virginia Department of Transportation (VDOT), the Board is requested to revise and update the Six-Year Secondary Road Construction Plan every year. The secondary roads are numbered 600 and greater. All routes less than 600 are considered primary or interstate and are excluded from this report. In Roanoke County, VDOT is responsible for overseeing all highway improvements. The County’s role is to review and approve all secondary road construction with the guidance of the local resident engineer. All maintenance including snow removal, ditching, potholes, surface overlays, etc. is the responsibility of VDOT. Mr. Covey advised that this plan, developed jointly by VDOT and County staff, involved reviewing the current construction plan and requests received by both County citizens and the Board of Supervisors during the past year. The plan was presented to the Board at a work session on November 18, 2004. Mr. Covey outlined the following changes made to this year’s Six-Year Secondary Construction Plan and Rural Addition Priority List: Roanoke County December 21, 2004 1060 received approximately $3.07 million last year. The County’s budget for fiscal year 2005-2006 is estimated to be approximately $2.72 million which is a decrease of nearly $350,000 and will be distributed between the following two categories: Incidental Construction Items Countywide - This category includes minor construction that can be completed normally within one year such as pavement overlays, drainage improvements, traffic signs, entrance culverts and minor curve improvements, usually covered under the revenue sharing program. Other items included in this category are the rural addition roads. Roanoke County has allocated $290,000 for this category of which $135,000, the maximum allowed by the state, is appropriated to rural addition roads. AdditionProjects Rural – There were no new rural addition projects added to the priority list this year. After much effort and deliberation, Artrip Lane and Indian Hill Road will be removed from the list. Mr. Covey advised that the bulk of Roanoke County’s allocations of approximately $2.35 million are for numbered projects. Priority projects numbered 0 through 5, 7, 8 and 16 are scheduled to receive funding this year. These include: Indian Grave Road, Hollins Road, McVitty Road, Old Cave Spring Road, Colonial Avenue, Buck Mountain Road, Mountain View Road, Boones Chapel Road, and Rocky Road. Priority project number 15, Hardy Road, will receive funding under the fiscal year 2005- 2006 revenue sharing Program if approved. December 21, 2004 1061 Mr. Covey advised that no projects are being added to the plan and that the following project was removed from the plan: Colonial Avenue (Route 720) from Route 419 to Ogden Road (Route 681). Numerous other projects have been considered during the past several years but because of the lack of funds, these projects were not included in the program. Mr. Covey advised that staff is requesting that the Board conduct a public hearing and if no modifications are required, adopt the resolution approving the Six- Year Secondary Road Construction Plan for fiscal years 2005-2011 and the allocation of funds for fiscal year 2005-2006. There were no citizens present to speak on this item. Chairman Flora asked Mr. Mahoney if it was necessary for the Board to take separate actions to adopt the resolution and approve the revenue sharing program. Mr. Mahoney recommended that the Board vote on each item separately. Supervisor Wray asked if Mr. Covey knew the cost for the Colonial Avenue project from Route 419 to Ogden Road. Mr. Covey advised that when the project was added, they did not have a cost estimate and referred the question to Jeff Echols, Resident Engineer, VDOT. Mr. Echols advised that the current plan has funds for preliminary engineering but no money for construction. December 21, 2004 1062 Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 1222104-11 APPROVING AND ADOPTING THE SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR FISCAL YEARS 2005-2011 AND APPROVING THE ALLOCATION OF FUNDS FOR FISCAL YEARS 2005-2006. WHEREAS, a public hearing was held on December 21, 2004 to receive comments for the adoption of the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Years 2005-2011; and the adoption of the funding for Fiscal Years 2005-2006; and WHEREAS, the Board of Supervisors does hereby approve the adoption of the Secondary Road System Six-year Construction Plan for Roanoke County for Fiscal Years 2005-2011 and allocation for Fiscal Year 2005-2006 as set out in the attached Six-Year Secondary System Construction Plan. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested to be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Years 2005-2011 by the Clerk to the Board. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None (b) Approval of projects for fiscal year 2005-2006 Virginia Department of Transportation (VDOT) Revenue Sharing Program A-122104-12 Mr. Covey advised that VDOT annually provides localities the opportunity to receive state matching funds for the construction, maintenance, and improvement to December 21, 2004 1063 primary and secondary roads in the state’s highway system. The Commonwealth of Virginia provides $15 million for the matching program and limits localities to $500,000 each. However, if fewer or more than 20 counties participate, the County’s share of money will be reduced or increased proportionately. The revenue sharing program for fiscal year 2005-2006 contains 13 projects totaling $1 million in improvement projects. The County and VDOT staff presented a proposed priority list of projects with maps and justifications for inclusion in the revenue sharing program for fiscal year 2005-2006 to the Board at the November 18, 2004, work session. Staff has received no requests to modify or change the priority list and requests that the Board approve the priority list for the fiscal year 2005-2006 revenue sharing program and authorize the County Administrator to sign the letter of intent and defer appropriation of funds until July 1, 2005. There was no discussion. Supervisor Church moved to approve the staff recommendation (approve the project list and authorize the County Administrator to sign the letter of intent and defer appropriation of the funds, $500,000, until July 1, 2005). The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Continued until January 25, 2005 at the request of the petitioner. Second reading of an ordinance to rezone .98 acres from C1 December 21, 2004 1064 Office District to C2 General Commercial District, and to obtain a special use permit on 2.22 acres for the operation of a fast food restaurant and drive-thru located at the intersections of Brambleton Avenue, Colonial Avenue and Merriman Road, Cave Spring Magisterial District, upon the petition of Seaside Heights, LLC. (Janet Scheid, Chief Planner) Chairman Flora advised that this item has been continued until January 25, 2005 2. Continued until January 25, 2005 at the request of the Planning Commission. Second reading of an ordinance to obtain a special use permit to construct a 199 ft. broadcast tower located at 432 Bandy Drive near Windy Gap Mountain, Vinton Magisterial District, upon the petition of Nextel Partners, Inc. (Janet Scheid, Chief Planner) Chairman Flora advised that this item has been continued until January 25, 2005 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Wray: (1) He asked Mr. Covey if the Clearbrook dealership has received a temporary Certificate of Occupancy (CO). Mr. Covey advised that they do not have a CO unless it was requested today; however, they will probably have one before the end of the month. Supervisor Wray advised that the Board will be notified December 21, 2004 1065 when the open house is scheduled. (2) He advised that there will be a community meeting in early January concerning the proposed flour mill off Starkey Road. (3) He requested that Mr. Covey provide an update on Slate Hill. Mr. Covey advised that they are working under their current permit. They have received American Electric Power’s approval to put the power lines underground and they are moving forward with the retaining wall and sediment basin. (4) He reported that he attended the celebration for the Clearbrook Rescue Squad which is now running calls on a limited basis. He expressed admiration to the volunteers for their perseverance in reorganizing the squad. (5) He advised that there was a meeting with VDOT on the preliminary plans for Merriman Road to receive citizen comments and the results should be received soon. Jeff Echols, VDOT Resident Engineer, confirmed this statement. (6) He thanked the citizens of Cave Spring and Roanoke County for allowing him to serve this past year which was his first year in office. He wished everyone happy holidays and a joyous New Year. Supervisor Altizer: (1) He wished Supervisor Wray a happy birthday. (2) He advised that Enchanted Eve is taking place in Vinton on New Year’s Eve. He recommended that citizens attend this event and advised that they can call the Vinton Parks and Recreation Department for more information. December 21, 2004 1066 Supervisor McNamara: (1) He advised that it has been a good year for the citizens of the County and he has been pleased to serve with the members of staff and for the citizens. He hopes everyone has a safe and happy holiday and the Board will be back at work next year. : Supervisor Church (1) He wished Supervisor Wray a happy birthday. (2) He advised that the Board members visited several of the proposed regional jail sites earlier today. This tour was not meant to contradict the work of the recently appointed Citizens Advisory Committee but to help the Board members familiarize themselves with the layout of the sites. He is looking forward to receiving input and recommendations from the committee. He advised that this is a good group of citizens and he thanked them for their involvement in the process. (2) He wished everyone a Merry Christmas and asked them to give thanks for the right reasons and pray for our troops who are not with their families. Supervisor Flora: (1) He inquired if Mr. Covey had information regarding what is going into the old Food Lion building at the intersection of Peters Creek and Williamson Road. Mr. Covey advised that he will find out and provide this information. (2) He advised that this should be the last meeting that he will preside over as Chairman and he thanked the members of the Board for their assistance during the year. He stated that it has been an interesting and excellent year in spite of some controversial issues. In the past few years, the County has seen significant progress economically and based upon recent events, next year is expected to be equally as good, if not December 21, 2004 1067 better. He thanked the staff for their support and the Board members for their cooperation. Supervisor Church expressed appreciation to Chairman Flora for his service during the year. (3) Supervisor Flora congratulated Supervisor Wray upon his birthday and advised that he should always remember this birthday because it was spent serving the people at a Board meeting. IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 7:50 p.m. to January 11, 2005, at 2:30 p.m. for the purpose of holding an organizational meeting prior to the regularly scheduled meeting at 3:00 p.m. and 7:00 p.m. Submitted by: Approved by: ________________________________________________ Brenda J. Holton Richard C. Flora Deputy Clerk to the Board Chairman December 21, 2004 1068 This page intentionally left blank.