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HomeMy WebLinkAbout4/9/2002 - Regular April 9, 2002 201 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 April 9, 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 April, 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; Brenda J. Holton, Deputy 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 Rabbi Manes Kogan, Beth Israel Synagogue. The Pledge of Allegiance was recited by all present. INRE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF 202 April 9, 2002 AGENDA ITEMS Mr. Mahoney added an item under briefings: resolution ordering an evacuation of the Keeling property and implementing the provisions of the Governor's Executive Order. INRE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1.. Recoanition of Budaet Decartment for receivina Government Finance Officers Association Distinauished Budaet Presentation Award for Fiscal Year 2001-2002. Chairman Church presented the award and recognized Brent Robertson, Budget Director, and Geraldine Barber, Budget Analyst. Mr. Robertson thanked the Board and Mr. Hodge for their support and advised that the award recognizes a very high level of budgetary report that is given out in the United States and Canada. He thanked Ms. Barber for putting together most of the budget document. Ms. Barber expressed appreciation forthe help from her department and other County departments in developing the budget. INRE: BRIEFINGS 1.. Briefina on Starliaht Lane Brush and Tire Fire. (Rick Burch. Chief of Fire & Rescue) April 9, 2002 203 The briefing was presented by Chief Burch. He advised that David Turner from the Environmental Protection Agency (EPA), and Rick Weeks from the Department of Environmental Quality (DEQ) were present. Chief Burch advised that since the last briefing, a great deal of progress has been made. EPA has negotiated a contract to extinguish the fire with Williams Fire, which began work last Thursday. Even with the addition of foam and water, very little runoff has been experienced, and that has been caught in the retention ponds. It is hoped that within a week or so, the front body of the fire will be extinguished. A town meeting was held last Thursday night and the residents of Starlight Lane were invited along with the general public. There were some good questions raised and some helpful suggestions made such as having a web site with updated information and air quality readings, and the County is in the process of establishing this web site. Roanoke County Fire & Rescue staff are working in conjunction with the Williams Fire crew members and the County continues to be part of the unifying command and involved in the decision making process. Chairman Church thanked Mr. Turner and Mr. Weeks for their assistance. Mr. Turner thanked the County for the cooperation that they have received and advised that Williams Fire has made a tremendous amount of progress. They hope to fully extinguish the front ravine fire by the end of the week and move to the other fire site. Mr. Weeks advised that they are still monitoring the air quality and it continues to be pretty good. They are continuing the surface water monitoring at six stations with the water 204 April 9, 2002 quality being fine. They are working with EPA to make plans to clean up any of the tires or solid waste materials that the EPA's program will not allow them to do. 2. Resolution orderina an evacuation of the Keelin9 crocertv and imclementina the crovisions ofthe Governor's Executive Order. (Paul Mahonev. County Attornev) R-040902-1 Mr. Mahoney advised that this resolution would order the evacuation of the Keeling property and implement the provisions ofthe Governor's Executive Order declaring a State of Emergency. The Starlight Lane Fire started on March 23, 2002. On Sunday, March 24, Chairman Church requested that the Governor declare a State of Emergency, which he did orally at that time since he was out of the state. The County did not receive the written copy of the Governor's Executive Order #11 until last Tuesday, and there are certain provisions in the Order that require action by the governing body to implement. Mr. Mahoney advised that he and Mr. Hodge met with Chief Lavinder and Commonwealth's Attorney, Skip Burkart, to determine how the County would enforce all of the provisions of the Governor's Order. This resolution does the following: (1) Determines that an evacuation of the Keeling property is necessary and establishes the time period from April 4 to April 30. It also grants the County Administrator the power to shorten or expand that period of time based upon the progress made in fighting the fire and removing the April 9, 2002 205 hazardous waste. (2) That this evacuation has to be co-ordinated with the State Coordinator of Emergency Management. Mr. Mahoney sent copies of this resolution to the Secretary of Public Safety and spoke to the Assistant State Coordinator of Emergency Management. (3) Grants authority to the County Administrator in limited circumstances and conditions to allow other persons to access the property. Those conditions are subject to what is deemed necessary for public health, safety and welfare. He requested that the Board adopt the resolution. Supervisor Nickens moved to adoptthe resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 040902·1 ORDERING AN EVACUATION OF THE KEELING PROPERTY AND IMPLEMENTING THE PROVISIONS OF THE GOVERNOR'S EXECUTIVE ORDER WHEREAS, by Executive Order Number 11, the Governor of the Commonwealth of Virginia confirmed, ratified, and memorialized in writing his verbal orders issued March 24, 2002, wherein he proclaimed a State of Emergency due to the tire fire at the Willie J. Keeling property in Roanoke County, pursuant to authority granted by Section 44-146.17 of the Code of Virginia, and by Article V, Section 7 of the Constitution of Virginia, and by Section 44-75.1 of the Code of Virginia; and WHEREAS, pursuant to Section 44-146.17 of the Emergency Services and Disaster Laws, the Governor ordered certain protective and restorative measures, including the evacuation of areas threatened by this event; and WHEREAS, pursuant to Section 44-146.21 of the Code of Virginia, a local governing body may determine that evacuation is deemed necessary for the preservation of life, the protection of health, or other emergency mitigation, response or recovery. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 206 April 9, 2002 1. That the Board of Supervisors of Roanoke County hereby determines that an evacuation is deemed necessary for the preservation of life, the protection of health, or other emergency mitigation, response or recovery; said evacuation period to continue for a period of time commencing Thursday, April 4, 2002 and ending on or about April 30, 2002; however, said evacuation may be amended administratively by order of the County Administrator of Roanoke County as he deems necessary, based upon the progress in suppressing the tire fires, removing hazardous wastes generated by the tire fire, and the safety of the public. 2. That the Board hereby implements those provisions of the Governor's Executive Order No. 11 which may require action by the local governing body; and 3. That the area to be evacuated is identified as that real estate owned by W. J. Keeling, et al. consisting of approximately 145 acres located on Starlight Lane in Roanoke County, Virginia; and 4. That the County Administrator shall coordinate this evacuation with the Virginia Emergency Operations Center, acting on behalf of the State Coordinator of Emergency Management; and 5. Subject to the protection of the public health, safety and welfare, the County Administrator is hereby authorized to allow Willie J. Keeling, his family, agents or employees or other persons to access this property during the time period specified above. The County Administrator may impose such conditions on such access as he may deem necessary in order to accomplish the goals and purposes of this resolution; and 6. That the Board hereby ratifies and confirms the actions taken in responding to this emergency due to the tire fire and brush wildfire at the Willie J. Keeling property and implementing the Executive Order; and 7. That this Resolution shall be effective immediately upon its adoption. 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 IN RE: NEW BUSINESS 1.. Reauest for approval of the Roanoke Regional Airport Commission budaet for fiscal year 2002-2003. (Diane Hyatt. Chief Financial Officer. and Jacaueline Shuck. Executiye Director. Roanoke Reaional Airport) April 9, 2002 207 R-040902-2 Ms. Hyatt advised that the Roanoke Regional Airport Commission is required to submit their budget to the Roanoke County Board of Supervisors and the Roanoke City Council for approval before it can be formally adopted by the Commission. At its meeting on March 13, 2002, the Commission approved the budget for fiscal year 2002-2003 to be forwarded to the governing bodies of the two localities. The 2002-2003 budget has revenues of $6,251 ,930 and expenditures of $6,050,531. Ms. Shuck advised that the 2001-2002 budget shows a slight surplus of $50,000 and that gradually passengers are returning to air travel. It is an improving situation but it has been a difficult year due to the decrease in passengers resulting in lower revenues, as well as increased costs from security requirements by the federal government. There are no major expenses or capital purchases anticipated, but approximately eleven personnel are expected to be necessary due to security issues. There are no raises scheduled, but a moderate increase may be available to employees when the fiscal year begins July 1. The overall capital program is moving forward as originally scheduled, primarily because the funds for those projects come from federal and state grants and have not been decreased. The runway project, expansion of the over-flow parking, and a general aviation project being planned will go forward because the funding is secure. In response to Supervisor Nickens' inquires, Ms. Shuck advised that there 208 April 9, 2002 is nothing in the budget for a salary increase but they are considering a 2.5% increase, and that all benefits except the pension system are done in house. She stated that the health insurance costs went up 18%. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 040902-2 APPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FY 2002-2003, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 24.B of the Roanoke Regional Airport Commission Act and Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and City Council of the City; and WHEREAS, by report dated March 13,2002, a copy of which is on file in the office of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport Commission has submitted a request that the County approve the FY 2002-2003 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the FY 2002-2003 budget and proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the March 13, 2002, report of the Commission Executive Director, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None April 9, 2002 209 2. Reauest for approval of Roanoke Valley Resource Authority budget for fiscal year 2002-2003. (Danial Morris. Finance Director. and John Hubbard. CEO. RVRA) R-040902·3 Mr. Morris advised that staff is recommending approval of the 2002-2003 operating budget for the RVRA. This budget is being presented to the County, Roanoke City and the Town of Vinton for approval. Mr. Hubbard advised that the budget totals $8,269,925 which is a slight decrease over the current 2001-2002 budget. They have included surplus funds of $800,000 as part of the revenue next year and currently in this budget, there are $519,000 in surplus funds. This surplus has allowed RVRA to offer the County again this year the rate of $43 per ton and maintain the rate of $55 per ton for commercial haulers in the Valley. This is the tenth year that the fees have remained at the current rate for commercial users and the second year that the fee has been reduced to $43 for municipal members. In response to Supervisor Nickens' inquiries, Mr. Hubbard advised that the County serves as RVRA's fiscal agent and benefits are through the County plan. Mr. Hubbard also advised that the budget includes 2% market and 2% performance for a 4% salary increase but adjustments would be made based on what the County, Roanoke City and Town of Vinton approve for salary increases in their budgets. 210 April 9, 2002 Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 040902-3 APPROVING THE ROANOKE VALLEY RESOURCE AUTHORITY BUDGET FOR THE YEAR ENDING JUNE 30, 2003 WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement provides that the authority shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County, the City Council of the City of Roanoke, and the Town Council of the Town of Vinton; and WHEREAS, by report dated March 27, 2002, a copy of which is on file in the office of the Clerk of the Board, the Chairman of the Roanoke Valley Resource Authority has submitted a request that the County approve the budget of the Roanoke Valley Resource Authority for the year ended June 30, 2003. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the budget for the year ended June 30, 2003 for the Roanoke Valley Resource Authority as set forth in the March 27, 2002, report of the Authority Chairman, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. 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 3. Reauest for approval of Health Insurance rates for the 2002-2003 fiscal Year. lDanial Morris. Finance Director) A-D40902-4 April 9, 2002 211 Mr. Morris advised that this is a recommendation to approve the health insurance rates for 2002 and 2003. Staff indicated last year that in order to curtail rising costs, they would look closely at plan design and the fact that less than 6% of employees are enrolled in the Comprehensive Plan. The proposal is to merge the Comprehensive (COMP) and Point of Service (POS) plans into one Preferred Provider Organization (PPO) plan. This would remove the Primary Care Physician from being a requirement as it is with the current POS plan. In addition, that would reduce the overall cost increase from 19% to 13% which represents a cost saving of approximately $850,000 to the County, School and employees. Part of the savings of the PPO plan would come from administrative savings on the part of Trigon and part from the increases in the total out-of-pocket maximums and co-insurance of 1 0% on out patient services. To assist employees with the transition to the higher out-of-pocket maximums, staff is proposing a policy to allow employees to use a cash-in leave policy which is the next item on the agenda. This recommended plan for health insurance keeps the employees' contributions at the same rate that they have been for many years which is 11.65% of costs for single, and 37.00% of costs for employee and minor or family coverage. Staff looked at the cost of the health increases versus the 2.5% salary increase and found that currently there is only one individual whose projected salary increase would not cover family coverage and this will be taken care of administratively. The total budget increase is approximately $576,000 for the County and $1,025,000 for Schools. 212 April 9, 2002 Supervisor McNamara advised that he supported the renewal rates but made the suggestion that every employee get a floor raise of $432 per year or 21 cents an hour which would cover the worst case and make them even with the additional health care costs and the reminder of the raise would be distributed so that some employees would get from 1.9% to 4.25% increases. This type of salary increase would reward those at the bottom of scale and would help recruitment and retention of employees and he feels this is the right thing to do. This is a cumulative effect and in the five years he has been on the Board, the co-pay as a percent has gone up quite a bit more. He expressed appreciation to staff for a good job pulling everything together. Supervisor Nickens asked if the Board could devote some time later during the budget work session to discuss Supervisor McNamara's suggestion. There were no objections. In response to Supervisor Church's inquiry, Mr. Morris advised that there is a substantial out-of-pocket increase which goes from $1,000 to $3,000 for an individual and $2,000 to $6,000 for family. Part of the way this increase will be met is through increasing certain fees in the plan and 10% co-pay for out-patient services. The $20 co- pay for an office visit now counts towards the out-of-pocket expenses. There were 18 total employees between County and Schools who met these out-of-pocket expenses last year and while it is not going to affect a large number of employees, it is a substantial affect for those who meet it. Supervisor Flora advised that he supported the proposal and April 9, 2002 213 applauded the School and County staff for their successful negotiation of the contract. Supervisor Nickens moved to approve the health insurance rates. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 4. Reauest to use accumulated sick and annual leave for medical pay-out. (Danial Morris, Finance Director, and Joe Saroi. Human Resources Director) A-040902-S Mr. Sgroi advised that this procedure will allow employees who have exceeded the old Point of Service (POS) plan in network annual out-of-pocket maximums of $1 ,000 member, or $2,000 family, to cash-in accumulated sick or annual leave to the County should they so desire. Health care costs continue to rise and this procedure is meant to be a temporary measure to mitigate the potential effects to individual employees. Since this is intended to help phase-in the new Preferred Provider Organization (PPO) medical plan, it is proposed that this procedure be effective through the calendar year ending December 31, 2003. It is recommended that the procedure be reviewed again upon the renewal of the health insurance rates for 2003-04 during the Spring of 2003. At that time, a recommendation to continue, amend or discontinue the procedure will be 214 April 9, 2002 returned to the Board. The rules concerning this procedure are as follows: (1) Requests for leave cash-in can be made up to the amount of actual in-network out-of-pocket expense paid by the employee that exceeds $1,000 for the employee or $2,000 for the employee's dependent/family during the calendar year. (2) Employees may request an amount sufficient to net the employee the out-of-pocket excess over the calendar year and no more than a net of $4,000 subject to the limitations of the actual out-of-pocket expenditures in excess of the $1,000 per employee and $2,000 per dependent/family limits. (3) Accumulated Sick Leave and Accumulated Annual Leave balances are the only leave balances eligible to be cashed-in under this procedure. (4) Employee requests for cash-in of leave will be on a form approved by the County Human Resources Department. (5) Any leave cashed-in under this procedure is considered taxable compensation. For Virginia Retirement System purposes, creditable compensation is defined as annual salary not including any overtime pay, payments of a temporary nature or payments for extra duties. The leave cash-in is considered a payment of a temporary nature. (6) The gross payment to the employee will be the leave hours requested at the employee's current salary rate. The fiscal impact is that last year, about six employees reached their out-of-pocket maximums and the expected fiscal impact can be absorbed within the budget. Staff recommends approval of the request to use accumulated sick and annual leave for medical pay-out through December 2003. In response to Supervisor Church, Mr. Sgroi advised that Trigon would be April 9, 2002 215 able to verify with the employees' authorization for release to the HR Department what the out-of-pocket expenses have been for a specific employee or family. Mr. Sgroi felt this plan would encourage employees to save their sick leave. Supervisor Nickens advised that he supported the concept but would ask that the staff either monitor or review to see if there should be a provision to retain a minimum of at least forty hours within the sick category in order for there to be some kind of cushion. He feels that this is a positive move for the employees and should not adversely impact the County. Supervisor McNamara advised that he will support the plan and agrees with the higher out-of-pocket expenses to keep the rates down but if the County passes a health plan that has a maximum $6,000 out-of-pocket expenses, there should be a line item in the budget to pay back those employees who go over the $2,000 out-of-pocket expenses. Since this number of employees is estimated at six, the maximum exposure to the County could be $24,000. In response to Supervisor Flora's question of whether to cash out the annual leave first instead of the sick leave and using the Sick Leave Bank, Mr. Sgroi advised that procedurally the employees would have to go through sick and annual leaves before going through the Sick Leave Bank. Supervisor Minnix advised that he did not feel this is as serious a problem as originally thought since most employees who have been with the County very long have 216 April 9, 2002 banked a significant amount of sick leave and unless there is a serious illness, the out-of- pocket expenses would not affect them. In response to Supervisor McNamara's inquiry about clarifying whether the reimbursement for out-of-pocket maximums between $2,000 and up to $6,000 comes from using sick leave from this point and not prior sick leave, Mr. Sgroi advised that an employee would use whatever sick leave is already accumulated in their account for the cash-in policy. Supervisor McNamara moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None 5. Reauest from citizen for waiver from water service connection reauirement for Clearbrook Lane Water Service Area. (Gary Robertson. Utility Director) A-040902-6 Mr. Bob Benninger, Assistant Utility Director, advised that the Utility Department staff recently received a request from Mr. Gwynn Board, who owns the property located at 5230 Clearbrook Lane, asking the County to grant a waiver for drilling a well there. The property lies within the Clearbrook Lane Water Extension Project which April 9, 2002 217 was established in November, 1999, and the line went into service in the spring of 2000. The connection fee was $6,500 and after the February 9, 2000 deadline, the connection fee went from $6,500 to $8,876. The reason Mr. Board was asking for the waiver is that the water line is in place and Section 22.71 of the Roanoke County Code requires that any property that has a building on it where the County owned water system is at the lot line, or within a street or easement adjoining such lot line, shall be connected with such system. Mr. Board asked to pay the $6,500 connection fee rather than the $8,876. Mr. Benninger advised that there are three alternatives: (1) Do not approve the request for waiver from the requirement to connect to the County owned water system. (2) Approve the request for reduction of the water connection fee from $8,876 to $6,500. (3) Approve the request for the waiver from the requirement to connect to the County owned water system. Staff recommends that the Board approve Alternative #1 and deny the request for a waiver. Supervisor Minnix advised that granting a reduction in the connection fee is not advisable since property owners on other projects have been required to pay the higher connection fees and according to Mr. Mahoney, the ordinance granting the Clearbrook Lane Water Line Extension Project would have to be amended. Supervisor Minnix continued that also according to Mr. Mahoney, if the Board grants the waiver, Section 22- 71 of the County Code would have to be repealed. 218 April 9, 2002 Supervisor McNamara advised that he questioned how the Board could grant this waiver and not others in the future; that the overall plan is sound and valid and in the best interests of the citizens and is consistent with the promises made when the bonds were put out to finance the water improvements at Spring Hollow Reservoir. Supervisor Church agreed that granting the waiver would be inequitable and contrary to previous Board practice and that he could not support Alternative #2 or #3. Supervisor Minnix moved to approve Alternative #1, denial of the request for the waiver. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Nickens, Church NAYS: Supervisor Flora IN RE: FIRST READING OF ORDINANCES 1.. First reading of ordinance vacatina and closing an unimcroved and unused portion of a 25-foot riaht-of-way known as "Jones Street" Section 1. Dwiaht Hills. Hollins Maaisterial District. upon the cetition of Mr. and Mrs. William Reedy. (Arnold Covey. Director of Community Development) Mr. Covey advised that this is a petition of William N. and Deborah E. Reedy to vacate a portion of Jones Street, Section 1, Dwight Hills, so that they may improve their property. Roanoke County has vacated two other sections of Jones Street from Peters April 9, 2002 219 Creek Road, northwest, approximately 300 feet in 1988 and 1989. The Departments of Community Development and Utility have no objections to the proposed vacation with the following conditions: (1) that a 10-foot water/sanitary sewer easement be retained and (2) that a 1 O-foot public utility easement be retained. Staff has received favorable responses from the two additional property owners adjacent to the remaining sections proposed to be vacated and staff requests the Board to approve the first reading of the ordinance. There was no discussion. Supervisor Flora moved to approve the first reading and set the second reading and public hearing for April 23, 2002. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None 2. First readina of ordinance vacating a 15-foot drainaae easement. . Section 15. Penn Forest and Section 18. Penn Forest and vacatina a 40-foot drainaae easement. Section 15. Pen" Forest. Caye Sprina Maaisterial District. upon the petition of James F. Kinder. Jr.. Jacaueline M. Kinder and Carol H. Beralund. (Arnold Covey. Director of Community Development) 220 April 9, 2002 Mr. Covey advised that the petitioners, James F., Jr. and Jacqueline M. Kinder and Carole H. Berglund/Scott W. Berglund, Co-Trustees, are requesting the Board of Supervisors to vacate a 40-foot drainage easement crossing the Kinder property and a 15-foot drainage easement crossing the Kinder property and the Berglund property, so that they may improve their properties. Staff has inspected the area and determined that the easements crossing these properties are no longer necessary for proper storm water drainage because the drainage from Section 15 was redirected with the building of Section 18 into a 50-foot structure at another outlet on Snow Goose Circle. Mr. Covey recommended approval of the first reading of the ordinance. There was no discussion. Supervisor Minnix moved to approve the first reading and set the second reading and public hearing for April 23, 2002. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None 3. First readina of ordinance vacatina a 15·foot sanitary sewer easement. "The Orchards. Apclewood Section No.8" and a cortion of a 20-foot sanitary sewer easement on plat entitled "The Orchards. Huntridae Road Extended: and further shown as "Existina 20' Sanitary Sewer Easement (P.B. 17. Paae 85)". April 9, 2002 221 Hollins Magisterial District. UDon the petition of F. & W. Community Develocment Corporation. (Arnold Covey. Director of Community Development) Mr. Covey advised that F. & W. Community Development Corporation is planning to plat a new section of The Groves, called Huntridge Groves Section 1, and in order to do this, they need to vacate these two easements so they can clean up the record map. Staff is currently in the review process and once the necessary bonds are in place and the record cleared up, F&W will move forward and develop the proposed lots. Staff recommends approval of the first reading of the ordinance. There was no discussion. Supervisor Flora moved to approve the first reading and set the second reading and public hearing for April 23, 2002. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None 4, First readina of ordinance authorizina creation of and financina for a Local Public Works Improvement Proiect - Joe Carrol Road Water Proiect. Catawba Maaisterial District. (Gary Robertson. Utility Director) 222 April 9, 2002 Mr. Benninger advised that on February 5, Utility Department staff received a petition with nine signatures from property owners along Joe Carrol Road to extend public water lines to serve their properties. Public water currently exists at the intersection of Texas Hollow and Joe Carrol Roads. The Utility Department staff has determined that the cost to extend public water lines approximately 1,050 feet to serve the ten properties of this area would be $36,550. A public meeting was held March 14 where the engineering and preliminary cost study was presented to the attending property owners. Seven of the ten property owners involved agreed to participate, and three declined. This response provides more than the required 50% participation to proceed. The participating property owners would pay the connection fee of $5,000 with the County funding the Basic Construction Cost of $3,655 for the non-participating properties. He advised that there were two alternatives: (1) The participating property owners would pay the per property connection fee of $5,000 with the County funding the Basic Construction Cost of $3,655 for the non-participating properties. (2) Do not approve the request for extension of public water to the proposed service area of Joe Carrol Road. Mr. Benninger advised that the estimated cost of the project is $36,550, and Alternative #1 would require funding of $14,620 from the Public Works Participation Fund with the current level of participation. Staff recommends approval of Alternative #1 allowing a 90-day grace period. Properties not participating within this time period would pay their share of the construction plus a 20% increase and the full off-site facility fee April 9, 2002 223 should they connect at a later date. Based on present fees, the cost to connect at a later date would be $7,076. There was no discussion. Supervisor Church moved to approve the first reading and set the second reading for April 23, 2002. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None INRE: REPORT ON SPRING HOLLOW RESERVOIR In response to a requestfrom Supervisor Minnix, Mr. Benningergave a report on Spring Hollow Reservoir. He advised that the County has been pumping water from the Roanoke River at every opportunity but is still meeting the flow requirements and as of April 1, meeting an additional withdrawal condition because of the fish spawning season from April 1 to June 1. The County has pumped approximately 500 to 550 million gallons which added about 18 feet to the reservoir. He advised Supervisor Church that the reservoir holds 3.2 billion gallons at full pond. INRE: APPOINTMENTS 1.. Buildina Code Board of Adiustments and Acpeals servina as Fire Code Board of Appeals 224 April 9, 2002 Supervisor Nickens nominated David Shelton to serve another four-year term on the Fire Code Board of Appeals. His term will expire September 23, 2005. IN RE: CONSENT AGENDA R-040902-7 Supervisor Minnix moved to adopt the Consent Resolution. The motion carried by the fOllowing recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 040902-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I-CONSENT AGENDA as follows: BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, 1. That the certain section of the agenda of the Board of Supervisors for April 9, 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 6, inclusive, as follows: 1. Acceptance of $500 grant from Department of Motor Vehicles for purchase of child safety seats and related materials by the Police Department 2. Request to authorize amendments to the County's Deferred Compensation Plans for Employees (457) and Employer Match (401 a) to incorporate federal legislation. 3. Request from Schools for appropriation of $10,935.85 for the dual enrollment program. April 9, 2002 225 4. Request from Schools to accept $1,700 Virginia Commission for the Arts grant to apply toward performance by the Virginia Opera for elementary schools. 5. Request from Schools to accept $136,879 Virginia Tobacco Settlement Foundation Grant for implementation of the Life Skills Training curriculum in grades 3-8. 6. Request from Schools to accept $15,000 Learn and Serve Virginia K- 12 Grant to purchase services from Family Service of the Roanoke Valley. 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 Minnix to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None INRE: CITIZENS' COMMENTS AND COMMUNICATIONS (1) Paul Bell, 2705 Hillbrook Drive, spoke against having a regional water authority. (2) Ruth Moseley, 3425 Greencliff Road, spoke of concerns about the recent tire fire. (3) Rhonda Conner, 2193 Wildwood Road, asked several questions about the tire fire. (4) Mike Altizer, 3005 Valley Stream Drive, suggested that the Board look at doing a study of how companies are disposing of their tires to avoid future problems with tire dumps. 226 April 9, 2002 (5) W. T. McAuley, 3951 Chaparral Drive. Mr. Hodge advised that Mr. McAuley had to leave and that he had asked Mr. McAuley to call him tomorrow about his concerns on the tire fire. (6) Michael Roop asked the Board to adopt a No-Build policy on Interstate 73 and expressed disappointment that the Board did not give the Mount Pleasant citizens the same consideration that they gave the Colonial Avenue citizens who opposed work planned for their road. (7) Nancy Hughes, 2506 Sharmar Road, asked the Board to support the Hidden Valley Recreation Foundation. Mr. Hodge advised that concerning the tire fire, staff plans to put information on the County website and that a television show is currently in production by Roanoke Valley Television. Supervisor Minnix requested that Mr. Hodge and Mr. Mahoney respond to the citizens who spoke and provide answers to their questions. INRE: REPORTS Supervisor McNamara 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 April 9, 2002 227 1.. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Continaency Fund 4. Future School Capital Reserve 5. Clean Valley Council INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: (1) He advised that it needs to be remembered that at one time accumulating tires was not illegal and that the County staff did a good job when it created a contingency plan which prevented a bigger disaster. (2) He asked for the status of his request for information on reducing the BPOL tax. Mr. Hodge advised that staff will have a response within a few months. Sucervisor Minnix advised that Cave Spring High School and PTSA are having a free annual health and fitness fair from 10 a.m. until 2 p.m., April 13, at the school, and invited everyone to attend. Supervisor Nickens: (1) He suggested that the Board might want to adjourn to April 16 to attend the Branding Charette sponsored by the City of Roanoke at the Jefferson Center and asked Chairman Church to poll the Board as to who would attend. Chairman Church agreed to do this after the work session. 228 April 9, 2002 Supervisor Church: (1) He advised that a citizen inquired if Explore Park had reduced rate or multiple visit passes and asked Mr. Hodge to check on this. (2) He thanked Senator Warner and Congressman Goodlatte for showing their concern by coming to Roanoke County to view the Starlight Lane fire site. INRE: CLOSED MEETING Mr. Hodge requested that the Closed Meeting be held before the work session. INRE: CLOSED MEETING At 5:05 p.m., Supervisor Church moved to go into Closed Meeting pursuant to the Code of Virginia Section 2.2-3711 A (1) discussion in consideration of the assignment or performance of special officers, appointees, or employees of the County; and Section 2.2-3711 A (5) discussion of prospective business or industry where no previous announcement has been made. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Flora, McNamara, Minnix, Nickens, Church None IN RE: CLOSED MEETING April 9, 2002 229 The Closed Meeting was held from 5:15 p.m. until 5:40 p.m. INRE: CERTIFICATION RESOLUTION R-040902-8 At 5:50 p.m., Supervisor Church moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None RESOLUTION 040902-8 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. 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 230 April 9, 2002 IN RE: WORK SESSIONS (4th Floor Conference Room) 1.. Budget Work Session The work session was held from 5:50 p.m. until 7:00 p.m. and was presented by Budget Director Brent Robertson, Chief Financial Officer Diane Hyatt, and County Administrator Elmer Hodge. Commissioner of Revenue Nancy Horn was present and Mr. Hodge advised that due to reductions in state funding, the suggestion was made to discontinue staffing the Division of Motor Vehicles office. He also raised the question of whether another person would be needed to staff the second DMV office planned for the Clearbrook area. There was a discusSion but no consensus was reached. Mr. Robertson briefed the Board members on revenues. recommended expenditure cuts to meet revenue shortfall, major expenditure challenges, expenditure reductions especially in funding for the Constitutional Officers' budgets, new initiatives and capital needs. The Board reached consensus on the following issues: (1) that the department budgets be reduced as proposed to cover the budget shortfall of $955,908 for the current year; (2) that the worksheets with the Board's suggested contributions to human service, cultural, tourism and other agencies be returned to the Budget Department by April 16,2002 at 7:00 p.m. and (3) that $25,000 of the funding proposed for the Explore Park will be considered repayment of last year's loan and 2-1/2% salary increase was suggested. April 9, 2002 231 INRE: ABSENCE Supervisor Nickens left the meeting at 6:40 p.m. IN RE:. ADJOURNMENT Chairman Church adjourned the meeting at 7:05 p.m. to April 18, 2002 at 12 Noon at the Center for Applied Technology and Career Exploration (CA TCE) to attend the Local Governments Regional Summit, hosted by the Franklin County Board of Supervisors. Submitted by, Approved by, 2~!~!~L Chairman ~£. iM~ Brenda J. olton, CMC Deputy Clerk to the Board 232 April 9, 2002 This cage left intentionally blank