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HomeMy WebLinkAbout3/12/2002 - Regular March 12, 2002 129 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 March 12,2002 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of March, 2002. INRE: CALL TO ORDER Chairman Church called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Joseph McNamara, Supervisors Richard C. Flora, H. Odell "Fuzzy" Minnix, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant County Administrator IN RE: OPENING CEREMONIES The invocation was given by the Reverend Adrian E. Dowell, Shiloh Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF 130 March 12, 2002 AGENDA ITEMS Supervisor Nickens announced that the County Board meetings are now being webcast live on the Internet. Mr. Mahoney added an item to the Closed Meeting pursuant to Section 2.2-3711 A (1) discussion of the performance of a public official. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1., Resolution of ADDreciation to Elizabeth W. Stokes for her service on the Roanoke County Electoral Board R-031202-1 Chairman Church presented the resolution to Ms. Stokes. Ron Adkins, Chairman of the Electoral Board, Warren Campbell, Secretary of the Electoral Board, Tom Leggette, former School Board member, and Steven McGraw, Clerk of Circuit Court, expressed their appreciation to Ms. Stokes for her support and assistance through the years. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None March 12, 2002 131 RESOLUTION 031202-1 OF APPRECIATION TO ELIZABETH W. STOKES FOR HER SERVICE ON THE ROANOKE COUNTY ELECTORAL BOARD WHEREAS, Elizabeth W. Stokes has served on the Roanoke County Electoral Board from July 31, 1992, until February 28, 2002, and was reappointed three times; and WHEREAS, Ms. Stokes was elected to serve as Chairman, Vice- Chairman and Secretary while on the Electoral Board; and WHEREAS, during her tenure, the number of registered voters in Roanoke County grew from 41,000 to 58,000; and WHEREAS, prior to service on the Electoral Board, Ms. Stokes served the citizens of Roanoke County as the elected Clerk of Circuit Court from 1968 to 1992; and WHEREAS, she continues her volunteer activities on behalf of Roanoke County by serving on the Total Action Against Poverty Board of Directors and the Commission for Senior and Challenged Citizens, and WHEREAS, through her leadership and involvement in volunteer activities in Roanoke County, Ms. Stokes has demonstrated her dedication and commitment to Roanoke County and to the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of all its citizens does hereby extend sincere appreciation to ELIZABETH W. STOKES for her service to Roanoke County as a member of the Electoral Board and for her active participation on other committees, commissions and boards, and FURTHER, the Board wishes Ms. Stokes an active, productive future and expresses its pleasure that she will continue to serve the citizens of Roanoke County through her other volunteer commitments. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: NEW BUSINESS 1., Reauest to allocate $128.953.22 from the State Comoensation Board's Technoloav Trust Fund to the Circuit Court Clerk's 132 March 12, 2002 Office to ourchase Records Imacinc/lndexinc System. (Steven A. McGraw. Circuit Court Clerk) A-031202-2 Mr. McGraw advised that this appropriation of $128,963.22 will be 100% reimbursed to the County by the Roanoke County Circuit Court Clerk's Office TTF account via the State Compensation Board. He explained that expenditures have to be made first before they can be reimbursed and the Clerk's Office has more than double the amount of this appropriation in the fund at this time. The first phase of this project was completed in November, 2001, and there will be several more phases in the future. Supervisor Nickens moved to appropriate the $128,953.22. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 2. Recuest to acceot donations from the Bent Mountain Librarv Fund. a citizen-initiated fund raisinc effort for the exoansion of the Bent Mountain Librarv. ¡Diana Rosaoeoe. Librarv Director and Danial Morris. Finance Director) A-031202-3 March 12, 2002 133 Mr. Hodge advised that Diana Rosapepe, Director of Libraries, Dan Morris, Finance Director, and Joan Carver from the Bent Mountain community were present and available to speak on this item. He commended Ms. Carver for starting the process which led to the Board adopting a policy and procedure where funds raised by citizens are set aside in a reserve account and are tax exempt. When there are sufficient funds, the County would then move forward with the design of the project. He recommended approval of this project which established an account for the purpose of expanding the Bent Mountain Library. Mr. Morris clarified that the citizen group originally proposed an addition of 700 square feet instead of the 550 square feet as stated in the Board report, and this original project was identified as Phase I but has since been placed on hold. They are requesting approval at this time to go forward with Phase 1\ which is an addition of 150 square feet. Ms. Rosapepe expressed appreciation to the organization for their citizen involvement with the libraries. She wished them every success and stated that she looked forward to working with them at the conclusion of the fund raising efforts to design the library addition. Supervisor McNamara thanked Mr. Hodge, Ms. Rosapepe, Mr. Morris, Mr. Mahoney, and gave special thanks to Joan Carver and the citizens in the Bent Mountain 134 March 12, 2002 community for their assistance in working through this project. He moved approval of staff recommendation. Supervisor Nickens inquired if there were funds available to be deposited with the County today to open this account. Mr. Hodge responded that the policy requires a minimum of $1,000 to establish the account, however, the citizen group whose project was approved for raising money for a new playground recently had less than $1,000 in funds. Mr. Morris advised that this action allows the group to start getting their funds together and for the account to be established. Supervisor Nickens suggested that staff look at the policy to determine if it would be appropriate to insert language waiving the minimum amount. The Board was then advised that the Bengt Mountain group had $2,500. In response to Supervisor Nickens' inquiry, Supervisor McNamara advised that he recommended adding the $1,000 minimum to the original policy which the Board approved to avoid setting up accounts without merit. However, he advised that each project should be evaluated on a case-by-case basis and if there is a situation where the fund raising will be hampered by not generating a tax-exempt letter, that should be taken into consideration. Supervisor McNamara asked to clarify his earlier motion to approve the staff recommendation because it was not stated in the Board report. He moved to accept the donations and the establishment of an account for the Bent Mountain Library March 12, 2002 135 fund and authorize the County Attorney to issue a tax exempt letter concerning the project. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 3. Recuest for $89.262 additional fundinc for CORTRAN transoortation service. (John Chambliss. Assistant County Administrator) A-031202-4 Mr. Chambliss advised that the CORTRAN (County of Roanoke Transportation System) Program offered by the County was started in the mid-1980's to provide transportation assistance to the senior and mentally challenged population. The service is provided by Unified Human Services Transportation System, Inc. (RADAR) who also provides specialized transportation service including the STAR para- transit service for the City of Roanoke and contract transportation for other area human service agencies. CORTRAN riders must be sixty (60) years of age or be physically or mentally challenged as per Americans with Disabilities Act (ADA) requirements. Each passenger is currently charged $3.50 per one-way trip. The contract cost for RADAR is based on $26 per hour whereby they provide the vehicles, drivers, scheduling, insurance, and all operating costs. Ridership on this program has continued to increase 136 March 12, 2002 over the past several years. Some of this increase in use is attributed to the enhanced awareness resulting from the video prepared by the Commission for Senior and Challenged Citizens whose members were appointed by the Board to consider the needs of this specialized population. This video pointed out transportation alternatives available in the Roanoke Valley including the CORTRAN program. The number of registered riders increased from 750 in 1999 to 1,994 today and nearly 1,100 of these use wheelchairs or require special assistance. The projected usage for the current fiscal year will result in a deficit of $89,262. In response to Supervisor Church, Mr. Chambliss advised that the shortage of funds is due to the increases in ridership and RADAR's costs such as fuel, insurance and labor. In response to Supervisor Minnix's inquiries, Mr. Chambliss advised that citizens who are qualified are not turned away who want to ride CORTRAN since RADAR uses any of its approximately 50 vehicles in their fleet. However, there might be an exception made if an assisted facility requested a special outing. Also, in 1997, when the $3.50 fare was put into place and the hours expanded, the Board increased funding by approximately $30,000. Mr. Chambliss responded to several inquires from Supervisor McNamara concerning the amount of the budget, the deficit and the increase in riders. Supervisor McNamara advised that he felt these increases were predictable over the past three March 12,2002 137 years and should have been considered during the budget process. They should not be funded from the unappropriated fund balance. Mr. Hodge advised that when the budget was adopted last year, staff wanted to evaluate other means of providing the service. He advised that the County is only recovering a small portion of the cost and that increasing the fees was also considered. Staff will include this information as part of the budget process in the coming weeks. Supervisor Nickens suggested that the Board have a work session with more detailed information to look at the CORTRAN situation and invite the members of the Commission for Senior and Challenged Citizens to attend. Supervisor Nickens moved to appropriate $89,262 additional funding from the Unappropriated Fund Balance. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 4. Authorization of an acreement with Sims Automotive. Inc. acceotinc a oublic drainage easement and aoorovinc the encroachment of a buildinc into said easement. ¡Paul M. Mahonev. Countv Attorney) A-031202-5 138 March 12, 2002 Mr. Mahoney advised that the County entered into a Performance Agreement dated December 5, 2001 with Sims Automotive, Inc. (Sims) anticipating the construction of several automotive dealerships in the Clearbrook area of Roanoke County. Sims is in the process of developing a 4.66 acre parcel. During the engineering design of this development, Sims determined that it would be necessary to construct one of its buildings in a manner that would encroach into a public drainage easement. This public drainage easement would replace a natural water course that currently exists on this property. Mr. Mahoney advised that there are two actions which need to be taken. (1) Sims will dedicate and the County will accept a public drainage easement to replace the natural water course existing on this property. During the grading and construction on this property the natural water course will be eliminated. Section 510.00 of the County's Drainage Standards requires a public drainage easement when a natural drainage way is altered. (2) The County will approve the encroachment of this service building into this public drainage easement; however, any approval of this encroachment should be conditioned upon Sims accepting responsibility and liability for future maintenance for that portion of the easement subject to the encroachment. In addition, notice of this encroachment and Sims' acceptance of liability should be recorded among the land records of the Clerk of the Circuit Court. March 12, 2002 139 Mr. Mahoney asked that the Board accept this storm water drainage easement, approve the building encroachment into this easement, subject to the conditions that Sims accept responsibility and liability for future maintenance and that the Board authorizes the County Administrator to execute an agreement incorporating these matters. Mr. Mahoney responded to Supervisor Nickens' inquiries about what would be located in the easement and who would be responsible for the maintenance and advised that a 60" to 72" pipe will be buried under the lot and building. He also advised that an agreement will be drafted to place any liability upon Sims. Supervisor Flora advised that he was concerned that the adjoining property could be damaged if the drainage pipe is stopped up and flooding occurs. Supervisor Minnix advised that he feels that any flooding that occurs will remain generally on the property where the project is being built now and that he is satisfied that the flooding will not be a problem. He requested that Mr. Mahoney put language in the agreement that Sims will be responsible for any repairs that have to be done and that they will pay for the installation of the pipe. Supervisor Minnix moved to authorize the execution of the agreement. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 140 March 12, 2002 IN RE: FIRST READING OF ORDINANCES 1., First readinc of an ordinance authorizinc and aooroving execution of a lease acreement with Cisco Systems. Inc. for office soace in the County-owned Salem Bank and Trust Buildinc. (Anne Marie Green. General Services Director) Ms. Green advised that Cisco Systems is currently a tenant in the Salem Bank and Trust Building, which is owned by Roanoke County. A new lease must be signed because the current one, which expired on February 28, contained no provisions for automatic renewal other than month to month. The current rent for that space is $11.72 per square foot, and the firm occupies 1400 square feet known as Suite 200. Cisco has indicated a desire to renew the tenancy with a fixed lease, rather than month- to-month, and has negotiated a two year term with staff at the rate of $12.00 per square foot. The lease will also contain a renewal option for at least two years, and those specifics will be available for the second reading of the ordinance. Because the building is owned by the County, new leases are subject to a public process which includes advertising the availability of the space, offering it to other County departments, and a public hearing. During the two year term of the lease, the County will receive $33,600 for rental of this space. These funds will be deposited in the Salem Bank and Trust account towards payment of the debt service. Between the first and second readings, March 12, 2002 141 the staff will meet the legal requirements of advertising the availability of the space and offering it to other public entities, as required by the County Charter. Ms. Green asked that the Board approve the first reading and move forward with the second reading. Supervisor McNamara moved to approve the first reading and set the second reading and public hearing for March 26, 2002. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 2. First readinc of an ordinance authorizinc lease of real estate for a oarkinc lot at the Roanoke County Courthouse. (Anne Marie Green. General Services Director) Ms. Green advised that there is a general lack of parking in the downtown business district in Salem. The County has investigated alternatives to leasing private property, but no suitable alternative has been identified. The present lease on the auxiliary Courthouse parking expires April 30, 2002, and the property owner has agreed to consider a new lease. County staff has worked with the owner on the framework of terms and conditions for this proposed new lease. The initial lease term is for five years at a fixed monthly rate, with annual increases of six percent, with the option to renew for one additional five year period. The County would be responsible for any increases in 142 March 12, 2002 taxes due to improvements by the County. If this parking lot is no longer available for use by Public Safety personnel and witnesses, they will have to pay parking fees at other facilities and be reimbursed by the County. The Chief of Police estimates a cost of $6,000 per month for patrol officers alone. The proposed lease also allows the County to maintain control of the property for ten years. This is an unimproved parcel near the County's Courthouse and is subject to development for other uses. By occupying it, the County has more options available for the next decade, and it may be possible to purchase it at some point in the future. Staff has received e-mail communication from two judges, and the Clerks of the Circuit and Juvenile and Domestic Relations Courts indicating the importance of maintaining that area for parking. The lot in question holds approximately 60 vehicles, and is generally full at several different times during the day. The adjoining paved lot, which is nearly always full, is leased by the adjacent mini-mart, and may not always be available for parking over the next 10 year period. The proposed lease sets out payments of $1,100 per month for the first year with increases of 6% for each year after that. Funding is available in the Courthouse maintenance account. Staff is requesting approval of the first reading of the ordinance and to schedule the second reading and public hearing on March 26, 2002. Supervisor Nickens advised that he would approve the first reading but that he had concerns about approving any lease with a 6% annual increase in the rent. March 12, 2002 143 Supervisor Nickens moved to approve the first reading and set the second reading for March 26, 2002. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None IN RE: SECOND READING OF ORDINANCES 1., Second readinc of ordinance amendinc the Roanoke Countv Code bv the adootion of a new section 2-7. reimbursement of exoenses incurred for emercencv resoonse to accidents or incidents caused bv driving while imoaired. (Paul Mahonev. County Attorney) 0-031202-6 Mr. Mahoney advised that this ordinance has had two revisions since the first reading. The first change deals with the fiscal impact in the Board report. At the first reading, the Board requested better data with respect to DUI arrests and those involved in accidents to get a better estimate of the fiscal impact. Mr. Mahoney advised that Chief of Police Lavinder reported that in FY 2000-01 there were 319 DUI arrests in Roanoke County, and that 48 (15%) of these arrests involved accidents. Assuming a criminal conviction and a favorable civil verdict in all cases, the range of judgments is $48,000 ($1,000 in the aggregate for a particular accident or incident) to $4,800 ($100 144 March 12, 2002 flat fee), less collection costs, which include staff time for collecting the data on actual costs incurred and for court appearances. Mr. Mahoney advised that the most significant change is in paragraph 2 of the ordinance which was requested by the Board and will allocate the expenses recovered to the Police Department and the Fire and Rescue Department operating budgets. In response to Supervisor McNamara's request to outline the process that the County Attorney's office would follow for collection, Mr. Mahoney advised that after a conviction in the criminal court, they would work with the Police and Fire & Rescue Departments to establish a means to track expenses. He would gather several cases to take to court such as with delinquent real estate taxes and hope that the Court grants a judgment for the amount of expenses. There could be a more lengthy time for disposition of a case in the event of a serious bodily injury situation where the County's claim may become part of a personal injury civil action and in that case, the collection costs could escalate. In response to Supervisor Church, Mr. Mahoney advised that if a defendant pleaded not guilty, the County would have to prove the charges against the defendant to collect expenses even though the defendant already had a conviction in criminal court. March 12, 2002 145 In response to Supervisor Nickens, Mr. Mahoney advised that he did not have any data on other jurisdictions who have adopted a similar ordinance based on enabling legislation by the General Assembly. He found 8 to 10 localities had adopted ordinances but he had no information on the effectiveness of them. Tom Hufford. 1358 Dennis Lane. spoke in opposition to the ordinance since he feels that sufficient penalties are already in place. He also expressed concern about the emergency medical services fee for transport which he feels is really a tax. Supervisor McNamara advised that he sees this legislation as well- intended but will not be supporting it because there are existing criminal penalties and statutes available in the judicial system and this will create more work for County employees for a maximum return of $48;000. He stated that the judicial system is the proper place for the evaluation of the merits of the situation and appropriate punishment. He talked with Skip Burkart, Commonwealth's Attorney who was non- committal and Judge Harris, who did not support this ordinance. He is concerned that government and health care continue to expand at a much faster rate than the private sector. Supervisor Church agreed with Supervisor McNamara that the courts should decide criminal cases. He advised that the intention of this proposal was to attach to an ordinance already approved under the State Code the ability to recover costs expended in responding to for DUI accidents, and next year ask the General 146 March 12, 2002 Assembly to add to the ordinance other serious voluntary acts such as leaving the scene of an accident, hit and run, eluding police and racing. He advised that these are voluntary acts that harm and endanger citizens; that these citizens should be held accountable regardless of costs or lack of costs benefit; and that the ordinance is worth pursuing. Supervisor Flora advised that he would support the ordinance because he does support penalties for drunk drivers who cause accidents, but he did not think it would really change attitudes or generate any significant revenue. However, he agreed that approval of the ordinance is the right thing to do. Supervisor McNamara advised that although this is well intentioned legislation, it is still a new ordinance and will result in a new court case every time the County tries to collect, further straining the parking situation and Courts. He did not think it would make a big difference in revenue generation for the County or to the offender and that elected officials should leave imposition of criminal actions with the judges. The ordinance will need to be revisited in the future depending on the findings from some of the judges in General District Court. Supervisor Nickens advised 1hat he did not see this as a revenue generating ordinance; that was not the intent. He stated that he did not see duplicity relative to the rescue squad charges now versus these charges. He also did not think this would serve as a deterrent for individuals who drink and drive. He requested that March 12, 2002 147 the ordinance be monitored very closely relative to time involvement, discretion and action taken by judges, cost benefit, and be re-evaluated in one year. Supervisor Minnix moved to call for the question which ends the debate. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Church NAYS: None PRESENT: Supervisor McNamara, Nickens Supervisor Minnix moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Church NAYS: None PRESENT: Supervisors McNamara, Nickens ORDINANCE 031202-6 AMENDING THE ROANOKE COUNTY CODE BY THE ADOPTION OF A NEW SECTION 2·7. REIMBURSEMENT OF EXPENSES INCURRED FOR EMERGENCY RESPONSE TO ACCIDENTS OR INCIDENTS CAUSED BY DRIVING WHILE IMPAIRED WHEREAS, the operation of a motor vehicle, engine, train, or water craft while under the influence of alcohol or drugs often results in accidents or incidents requiring emergency response by Roanoke County law enforcement, fire-fighting, rescue and emergency medical personnel and volunteers; and WHEREAS, the County incurs reasonable expenses in providing an appropriate emergency response to such accidents or incidents; and WHEREAS, Section 15.2-1716 of the Code of Virginia authorizes any locality in this Commonwealth to adopt an ordinance to recover in a separate civil action the reasonable expenses incurred in providing an appropriate emergency response, subject to certain statutory limitations; and 148 March 12, 2002 WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby finds that the adoption of such an ordinance is in the public interest; and WHEREAS, the first reading of this ordinance was held on February 26, 2002; and the second reading was held on March 12,2002. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a new Section 2-7. Reimbursement of EXDenses Incurred for Emeraencv ResDonse to Accidents or Incidents Caused bv Drivina While ImDaired be adopted to read and provide as follows: Chapter 2. Administration Article I. In General * * * * Section 2-7. Reimbursement of EXDenses Incurred for Emeraencv ResDonse to Accidents or Incidents Caused bv Drivina While ImDaired (a) Any person who is convicted of violation of Section 12-8 of this Code, or of Sections 18.2-51.4, 18.2-266 or Section 29.1-738 of the Code of Virginia, when his operation of a motor vehicle, engine, train or water craft while impaired is the proximate cause of any accident or incident resulting in an appropriate emergency response, shall be liable in a separate civil action to the county, for the reasonable expense thereof, in an amount not to exceed one thousand dollars ($1,000.00) in the aggregate for a particular accident or incident. In determining the "reasonable expense," the County may bill a flat fee of one hundred dollars ($100.00) or a minute-by-minute accounting of the actual costs incurred. (b) As used in this section, "appropriate emergency response" includes all costs of providing law-enforcement, firefighting, rescue, and emergency medical services. (c) The provisions of this section shall not preempt or limit any remedy available to the commonwealth, the County, or any fire/rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving or operation of a vehicle as set forth herein. 2. Any expenses recovered shall be deposited into the General Fund and appropriated annually to the Police Department and the Fire & Rescue Department operating budgets based upon an estimate of the proportional expenses incurred in responding to such accidents or incidents. 3. That this ordinance shall be in full force and effect from and after its adoption. March 12, 2002 149 On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Flora, Minnix, Church NAYS: None PRESENT: Supervisors McNamara, Nickens INRE: CONSENT AGENDA R-031202-7: R-031202-7.c: R-031202-7.d: R-031202-7.e Supervisor Nickens moved to adopt the Consent Resolution after discussion of Item 3. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 031202-7 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: 1. That the certain section of the agenda of the Board of Supervisors for March 12, 2002, 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 7, inclusive, as follows: 1. Approval of Minutes - January 8, 2002 2. Confirmation of Committee appointment to the Blue Ridge Behavioral Healthcare Board of Directors. 3. Release to Novozymes Biologicals Inc. from environmental liability for stormwater runoff. 4. Resolutions of appreciation upon the retirements of: 150 March 12, 2002 b. Lewis W. Crossgrove, Utility Billing Department, after fourteen years of service Michael S. McGuire, Police Department, after twenty-five years of service James A. Shelton, Sheriffs Office, after twenty-one years of service a. c. 5. Acceptance of water and sewer facilities serving Belle Grove, Phase 3. 6. Request from Schools to accept $2,449 funding from the Refugee Children School Impact Grant. 7. Request to appropriate $40,000 to build a shoot house at the regional firearms training center. 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 Nickens to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 031202-7.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF LEWIS W. CROSSGROVE, UTILITY BILLING, AFTER FOURTEEN YEARS OF SERVICE WHEREAS, Lewis W. Crossgrove was first employed by Roanoke County on November 16, 1987, on a part-time basis and March 21, 1988, on a full-time basis as a Meter Reader in the Utility Billing Department; and WHEREAS, Mr. Crossgrove retired from Roanoke County on February 1, 2002, as a Meter Reader after fourteen years and two months of service; and WHEREAS, Mr. Crossgrove maintained an exemplary attendance record, and was an extremely dependable and conscientious employee; and WHEREAS, Mr. Crossgrove, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens March 12, 2002 151 of Roanoke County to LEWIS W. CROSSGROVE for over fourteen years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 031202-7.d EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MICHAEL S. MCGUIRE, POLICE DEPARTMENT, AFTER TWENTY-FIVE YEARS OF SERVICE WHEREAS, Michael S. McGuire was first employed by Roanoke County on February 1, 1977, as a Sergeant in the Sheriffs Office; and also served as a Criminal Investigator, Uniform Police Officer and Corrections Officer, in the Police Department; and WHEREAS, Lt. McGuire retired from Roanoke County on February 1, 2002, as a Police Lieutenant after twenty-five years of service; and WHEREAS, Lt. McGuire was assigned to the DEA Task Force in the 1980's and worked with the City of Roanoke to establish the Task Force concept that exists today; and WHEREAS, Lt. McGuire has managed the Criminal Investigations Division of the Police Department for the last five years and was instrumental in developing that unit into an efficient, well-managed division; and WHEREAS, Lt. McGuire assisted the Police Department greatly in the construction of the new firing range by doing most of the electrical work and using his construction skills to aid in the timely completion of the range; and WHEREAS, Lt. McGuire, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. 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 MICHAEL S. MCGUIRE for twenty-five years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church 152 March 12,2002 NAYS: None RESOLUTION 031202-7.e EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF JAMES A. SHELTON, SHERIFF'S OFFICE, AFTER TWENTY-ONE YEARS OF SERVICE WHEREAS, James A. Shelton was first employed by Roanoke County on July 1, 1980, as a Deputy Sheriff; and also served as Deputy Sheriff Corporal; and WHEREAS, Deputy Sheriff Sergeant Shelton retired from Roanoke County and the Sheriffs Office on February 1, 2002, after twenty-one years and six months of service; and WHEREAS, Deputy Sheriff Sergeant Shelton did an excellent job managing the Inmate Trustee Program, the Inmate Workforce Program outside the jail facility, and overseeing the Maintenance Program of the facility; and WHEREAS, Deputy Sheriff Sergeant Shelton, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. 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 JAMES A. SHELTON for over twenty-one years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None INRE: CITIZENS' COMMENTS AND COMMUNICATIONS Thomas A. Leccette. 6413 Hidden Vallev Drive: Bobbv Jones. 3242 Bromlev Road. and Robert Wascher. 1921 Bluemont Avenue spoke in support of the County sanctioning the Hidden Valley Recreation Foundation to serve the youths at March 12,2002 153 the elementary and junior high levels who will be attending the new Hidden Valley High School. Barbara Sharrer. 3218 Davis Avenue. President of Cave Sorinc Recreation Foundation. and Butch Osborne. 5811 Arcturus Drive. spoke in opposition to dividing the Cave Spring Recreation Foundation which has served Southwest County for over forty years. Mr. Hodge advised that he will meet with representatives of both groups, members of the Parks and Recreation Advisory Commission and school staff and bring back a recommendation at the April 9, 2002, Board meeting. INRE: REPORTS Supervisor Nickens moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 1., General Fund Unaoorooriated Balance 2. Caoital Fund Unaoorooriated Balance 3. Board Contincencv Fund 4. Future School Caoital Reserve 154 March 12, 2002 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Suoervisor Minnix announced that the Cave Spring Knights basketball team is playing in the state championship in Lynchburg and wished them success. Suoervisor Church announced that he attended the Salem/Roanoke County Chamber of Commerce Annual Banquet where they announced that Linda Davis was named Teacher of the Year and Nathan Hartwell was named Officer of the Year. He asked that they be recognized at a future Board meeting. IN RE: WORK SESSIONS 1., Work Session to discuss Stormwater National Pollutant Discharce Elimination System (NPDES). Phase II. (Georce Simoson. Assistant Director. Community Deyelooment) The work session was held from 5:50 p.m. until 6:20 p.m. and was presented by George Simpson, Tim Lormand, Project Manager, and Doug Mosely, Water Resource Planner from AMEC Earth & Environmental, Inc. Mr. Simpson advised that in anticipation of compliance with new water quality regulations, the County and Town of Vinton hired AMEC to conduct an organizational review and develop an action plan for compliance with the Environmental Protection Agency's (EPA) National Pollutant Discharge Elimination System (NPDES) Phase II stormwater regulations. Mr. Lormand and Mr. Mosely reported on the Action Plan Report from AMEC which was March 12, 2002 155 distributed with the agenda. It was discussed that $200,000 funding will be needed to begin, and Mr. Hodge suggested using capital non-recurring revenue. IN RE: CLOSED MEETING The closed meeting was held from 6:25 p.m. until 6:40 p.m. IN RE: WORK SESSION 1., Work Session to discuss new Federal Ambulance Transoort Fee Structure for Medicare. (Richard Burch. Fire and Rescue Chief) The work session was held from 6:45 p.m. until 6:55 p.m. It was the consensus of the Board that staff will bring back a resolution at the March 26, 2002 meeting which will establish the Medicare fee structure. INRE: CLOSED MEETING Mr. Mahoney advised that when he added an item to the Closed Session at the beginning of the meeting, he failed to ask the Board to delete the discussion on the Regional Sewage Treatment Plant Contract. This will be brought to the Board in April. 156 March 12, 2002 At 5:40 p.m., Supervisor Church moved to go into Closed Meeting pursuant to Code of Virginia Section 2-3711 A (7) cOl,sultation .,·ith lðgfll counsel and briefings Fegflrding the Regional Gev.age Trefltrnent rlant contract; Section 2-3711 A (5) discussion of prospective business or industry where no previous announcement has been made; and Section 2-3711 A (1) discussion of the performance of a public official. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None INRE: CERTIFICATION RESOLUTION R-031202-8 At 7:00 p.m., Supervisor Church moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 031202-8 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. March 12,2002 157 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 Church to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None INRE: REQUESTS FOR FUNDING TO BE INCLUDED IN THE FISCAL YEAR 2002-2003 BUDGET 1., Fire & Rescue Volunteer Chiefs Board Chief Burch introduced Chief Joe Coyle, Chairman of the Volunteer Rescue Chiefs Board, and Chief Woodie Henderson, Chairman of the Volunteer Fire Chiefs' Board. Chief Burch thanked the volunteers and staff for their assistance in the successful implementation of the fee for emergency medical services transport. Chief Coyle asked that the Board fund the Fire & Rescue budget as presented by Chief Burch. He asked that there be no decrease in funding of the Fire and Rescue Budget. Chief Henderson thanked the volunteer fire departments and career staff who were involved with the recent mountain fire this past weekend for their help and support. He asked that if there are any additional funds, that these funds be spent on the 158 March 12, 2002 maintenance of the fire and rescue buildings. Chairman Church thanked the volunteers and staff for their efforts in the recent mountain fire. 2. Social and Human Services Acencies Chairman Church advised that the agencies will be called upon to speak in alphabetical order. The following citizens spoke on behalf of their agencies requesting funding from the County's 2002-2003 budget: (1) Jack McHanna, Adult Care Center of Roanoke Valley, Inc. and Dawn Field, Volunteer Services Coordinator; (2) Thomas B. Brown, American Red Cross - Roanoke Valley Chapter requested $3,500 funding for Red Cross Disaster Program; (3) Maryanne Chamberlain, Bethany Hall, requested $11,424; (4) June House, Big Brothers, Big Sisters; (5) James Sikkema, Blue Ridge Behavioral Healthcare, requested $164,627; (6) Terry Winborne, Blue Ridge Independent Living Center, requested $10,000; (7) John E. Whitfield, Executive Director, Blue Ridge Legal Services, Inc. requested $3,164; (8) Bob Health, Bradley Free Clinic, requested $13,000; (9) William B. Robertson and Everett Werness, Camp Virginia Jaycee, requested $5,000; (10) Robin Haldiman, CHIP of Roanoke Valley, requested $20,000; (11) Frank Rogers, Conflict Resolution Center, requested $7,000; (12) Pam Kestner-Chappelear, Council of Community Services - Information & Referral, requested $3,150 and $4,000 for the Volunteer Program; (13) Carol Key and Wanda Manual, Roanoke Valley Court March 12, 2002 159 Appointed Special Advocate, requested $6,000; (14) John Pendarvis, Family Service of Roanoke Valley, requested $5,000; (15) Roger D. Matthews, Goodwill Industries of the Valley; requested $ 17,000; (16) Nancy Chapin, Literacy Volunteers of America - Roanoke Valley, requested $3,000; (17) Susan Williams, LOA Area Agency on Aging, requested $26,490; (18) Diane Kelly, Mental Health Association of Roanoke Valley, requested $1,000; (19) Kirk A. Ballin, National Conference for Community & Justice, requested $1,500; (20) Kathy Stockburger, Presbyterian Community Center, Inc., requested $5,000; (21) Jenny Lee, Prevent Child Abuse, Roanoke Valley, requested $3,850; (22) Donna Norvelle and Darren Guthrie, Roanoke Valley Interfaith Hospitality Network, requested $8,337; (23) Michael Chandler, Salem-Roanoke County Food Pantry, requested $10,000; (24) Kathy Ryder, Roanoke Area Ministries, requested $2,500; (25) David Murray, Smith Mountain Lake 4-H Center, requested $14,393; (26) Pamela Irvine, Southwestern Virginia Second Harvest, requested $10,000; (27) Ellen L. Brown, Total Action Against Poverty - General Fund, requested $38,500 and Transitional Living Center, requested $22,000; (28) Colleen Carrell, TRUST, requested $8,000. INRE: PUBLIC HEARINGS 1., Public Hearinc to elicit citizen comment for items to be included in the budcet for the 2002-2003 fiscal year. 160 March 12, 2002 Mr. Robertson advised that this is a public hearing for citizens to comment on three items relative to the fiscal year 2002-2003 budget. As requested at an earlier work session, staff advertised the proposed real estate, personal property and machinery and tools tax rates for calendar year 2002 as follows; real estate tax rate at a rate of not more than $1.12 per $100 assessed valuation; personal property tax at a rate of not more than $3.50 per $100 assessed valuation and machinery and tools tax rate of not more than $3.00 per $100 assessed valuation. The 2003 budget is not yet developed; however, the Board has historically asked the staff to set rates and the Board to adopt the rates to provide services within the means of those rates. In addition, state code mandates that when reassessment of real property in a locality results in a real estate revenue increase of 1% over the previous year, the locality must either reduce the tax rate so that the revenues are no more than 101 % of the previous year's or hold a public hearing indicating an effective real property tax increase. Also consistent with past practices, the Board has expressed a desire to hold a public hearing to elicit general comment on the upcoming annual budget development process. Mr. Hodge advised that Dave Wymer with the County Schools and his daughter were present. Mr. Wymer spoke and expressed appreciation to the Board members for the time, energy and resources that they provide to the County and for the fine job that they are doing. March 12, 2002 161 2. Public Hearinc on the "effective tax rate increase" as a result of increased assessed yalue of real estate. There were no citizens present to speak. 3. Public Hearin9 to elicit citizen comment to set the followinc tax rates in Roanoke County. a. To set a real estate tax rate of not more than $1.12 oer $100 assessed valuation. b. To set a oersonal orooerty tax rate of not more than $3.50 oer $100 assessed valuation. c. To set a machinerv and tools tax rate of not more than $3.00 oer $100 assessed valuation. There were no citizens to speak on any of these items. INRE: ADJOURNMENT At 9:02 p.m., Chairman Church adjourned the meeting to Wednesday, March 13,2002 at 7:00 p.m. at the School Board Administration Office for the purpose of a joint presentation with the School Board from the Blue Ribbon Commission. 162 March 12, 2002 Submitted by, Approved by, ~9-/Jd~ Brenda J. Holton, CMC Deputy Clerk to the Board iJ-¥-84&IL~rL ~sePh B. "Butch" Church Chairman NOTE: Mary H. Allen, Clerk to the Board, attended this meeting. Minutes were prepared by Brenda Holton, Deputy Clerk. ,