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HomeMy WebLinkAbout12/5/2000 - Regular December 5, 2000 689 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 5, 2000 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the first Tuesday and the first regularly scheduled meeting of the month of December, 2000. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:04 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Vice Chairman H. Odell "Fuzzy" Minnix, Supervisors Joseph B. "Butch" Church, Bob L. Johnson Supervisor Harry C. Nickens MEMBERS ABSENT: STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; Kathi B. Scearce, Community Relations Director; John M. Chambliss, Assistant County Administrator; Dan R. O'Donnell, Assistant County Administrator IN RE: OPENING CEREMONIES The invocation was given by the Reverend Becky Proctor, Rosalind Hills 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 Mr. Hodge added an item to Closed Meeting pursuant to Section 2.1-344 A (3) proposed sale of publicly held real estate. 690 December 5, 2000 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS L Resolution of Accreciation ucon the retirement of Josech A. Keaton. Community Develocment Decartment. R-120500-1 Chairman McNamara presented the resolution to Mr. Keaton. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, McNamara None ABSENT: Supervisor Nickens RESOLUTION 120500-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF JOSEPH A. KEATON, COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, Joseph A. Keaton was first employed by Roanoke County on November 11, 1985, as an electrical inspector; and WHEREAS, Mr. Keaton retired from Roanoke County on October 1, 2000 as an electrical inspector with the Community Development Department after more than fourteen years of service; and WHEREAS, Mr. Keaton, as civic leader of the Hollins community and with his church members, worked closely with the County staff to identify a major problem in the community of Hollins - inadequate water and sanitary facilities; and because of his dedication, the Hollins area now has adequate running water and sanitary facilities; and WHEREAS, Mr. Keaton's enthusiasm, knowledge, and interaction with the judges at the All America City competition in Chicago in May, 1989, regarding the Hollins Project, helped Roanoke County win the distinguished designation of "All America City"; and WHEREAS, Mr. Keaton because of his exceptional relationship with the general public, area contractors, County staff and his work in the community was nominated by his peers in the Department of Development and Inspections as 1990's Departmental Employee of the Year. WHEREAS, Mr. Keaton, 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 JOSEPH A. KEATON for more than fourteen years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a December 5, 2000 691 happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, McNamara NAYS: None ABSENT: Supervisor Nickens ~ Introduction of Danial Morris. new Finance Director and Kathi Scearce. new Community Relations Director. Mr. Hodge introduced Kathi B. Scearce, new Community Relations Director and Ms. Hyatt introduced Danial Morris, new Finance Director. J,. Recoanition of Finance Decartment for receivina a Certificate of Achievement for Excellence in Financial Recortina for the Comcrehensive Annual Financial Recort. The recognition was accepted by Chief Financial Officer Diane Hyatt and members of the Finance Department who were involved in preparing the Comprehensive Annual Financial Report for the year ended June 30,1999. ~ Recoanition of the Budget Decartment for receivina the Government Finance Officers Association Distinauished Budaet Presentation Award. The recognition was accepted by Brent Robertson, Budget Director, who received the award for the budget document for fiscal year beginning July 1, 1999 and ending June 30, 2000. IN RE: NEW BUSINESS L Reaffirmation of resolution of succort for the 1-581 and Route 692 December 5, 2000 ~ 220 South corridor for Interstate 73 throuah the Roanoke Valley, (Elmer C. Hodae. County Administrator) R-120500-2 Mr Hodge reported that Congress designated 1-73 a National High Priority Corridor as part of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991. The Roanoke County Board of Supervisors has expressed support for the construction of Interstate 73 through the Roanoke Valley for several years. On October 12, 1993, November 22, 1994, March 24, 1998, and September 8, 1998, the Board adopted resolutions in support of the route following the existing alignments of U.S. Route 220, Interstate 581, Interstate 81, the proposed "Smart Highway" and U.S. Route 460 to West Virginia. It was felt that using the existing corridor would provide an economic advantage to the Roanoke Valley. On November 13, 2000, Roanoke County received a copy of the Virginia Department of Transportation Draft Environmental Impact Statement for Interstate 73. Mr. Hodge advised there was a "No-Build Alternative"; a "Transportation System Management" (TSM) alternative and four "build" alternatives as follows: (1) Option 1 would be the most eastern alignment, beginning on 1-81 in Botetourt County near Exit 150 and continuing south through western Bedford County and northeastern Franklin County. (2) Option 2 would follow 1-581 south then turn easterly south of Route 24 to cross the Blue Ridge Parkway. At Route 116, Option 2 would continue southerly in a route parallel to and east of U.S. Route 220 and rejoin U.S. Route 220 in southern Franklin County. (3) Option 3 would follow the existing alignments of 1-581 and U.S. Route 220 and include the upgrade of existing U.S. Route 220 to full interstate standards. This option leave the existing U.S. Route 220 alignment in locations where topographic or other constraints present a challenge. (4) Option 4 would be a western December 5, 2000 693 alignment that would begin in western Roanoke County on 1-81 at existing Exit 132, the Dixie Caverns interchange. The alignment would travel east and turn to the south near the western edge of the City of Salem, crossing the Blue Ridge Parkway and continuing south into Franklin County. Mr. Hodge advised that public hearings will be held on December 13 and December 14 and suggested that the Board reaffirm or rewrite the resolution adopted on September 8, 1998. The following citizens spoke on the various options: 1. Alan Gleiner. 10185 Bottom Creek Road. Bent Mountain. requested that the Board include opposition to the Western Corridor at Dixie Caverns and that a revised resolution be sent to VDOT for inclusion into the public record. 2. Neil Gallaqher. 5635 Village Wav. Manager of ITT Night Vision, spoke in support of building 1-73. 3. Ed Hall. 213 S. Jefferson Street spoke in support of the "build" options and in opposition of the "no build" option. 4. Rob Glenn. Jobwav Inc.. and a resident of Franklin County spoke in support of the "build" option, but no particular route. He advised that Jobway was created to support the build alternative from the Roanoke Valley to the North Carolina line. Supervisor Church announced that he was strongly opposed to the western corridor option; Supervisor Johnson advised he was opposed to the "no build" option; Supervisor Minnix recommended that the County work with VDOT to minimize the impact to the County as much as possible; and Supervisor McNamara announced he favored the eastern route and not the western corridor. Supervisor McNamara moved to reaffirm resolution 090898-1 amended to @4 December 5, 2000 oppose the Western Corridor option. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, McNamara None ABSENT: Supervisor Nickens RESOLUTION 120500-2 REAFFIRMING AND AMENDING RESOLUTION 090898-1 SUPPORTING THE 1-581 AND ROUTE 220 SOUTH CORRIDOR FOR 1-73 THROUGH THE ROANOKE VALLEY AND OPPOSING OPTION 4 KNOWN AS THE WESTERN ALIGNMENT WHEREAS, the Commonwealth Transportation Board has previously selected Alternative Corridor 6A which generally follows Route 220, the proposed "Smart Highway" and Route 460 to the West Virginia state line west of Narrows as the location for the proposed 1-73 north-south interstate connecting Detroit to Charleston, SC; and WHEREAS, the Roanoke County Board of Supervisors has previously indicated its support of a refined corridor for 1-73 which would follow the present location of Route 220 into the City of Roanoke and then overlap the present Interstate 581, Interstate 81, the proposed "Smart Highway" and Route 460 to West Virginia on at least two occasions as set forth in its Resolution 112294-1 of November 22, 1994 and Resolution 032498-6 of March 24, 1998; and Resolution 090898-1 of September 8, 2000; and WHEREAS, the Virginia Department of Transportation (VDOT) has released an "1-73 Location Study: Alternatives for Future Study" which identifies more specific proposals for the potential corridor location of 1-73 through the Roanoke Valley and is in the process of accepting public comments upon these proposed corridors in preparation for the final design work for this project. NOW, THEREFORE, BE IT RESOLVED as follows: (1) That the Board of Supervisors of Roanoke County, Virginia, strongly reiterates its prior recommendation to build 1-73 and that the selected corridor for 1-73 immediately follows the existing corridor of Route 220 into the City of Roanoke, and then overlaps Interstate 581, Interstate 81, the proposed "Smart Highway" and Route 460 to the West Virginia state line near Narrows. This recommended corridor would utilize existing road corridors wherever possible, on routes that are already designated for improvement which would thereby reduce the cost of construction and the expenses associated with additional land expropriation; and (2) That the Board of Supervisors of Roanoke County, Virginia, opposes Option 4 known as the "western alignment" that begins in Western Roanoke County; and (3) That VDOT be requested to continue to hold public information sessions for the specific purpose of allowing the citizens of Roanoke County an opportunity to comment upon VDOT's proposed corridor locations for 1-73 which may directly affect the residences and business locations of Roanoke County citizens; and (4) That the Board of Supervisors directs that copies of this resolution be forwarded to the Virginia Department of Transportation, the Interstate Route 73 Communications Committee of the General Assembly and the Roanoke Valiey Business December 5, 2000 695 - On motion of Supervisor McNamara to reaffirm -Resolution 090898-1 amended to oppose the Western Corridor option, and carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Minnix, Church, McNamara None Supervisor Nickens ~ Request for adoction of an authorizinq resolution to carticicate in a Statewide Mutual Aid Proaram, (Rick Burch. Fire and Rescue Chief and Anne Marie Green. General Services Director) R.120500-3 Chief Burch explained that during disasters, localities throughout the state have relied on assistance from other jurisdictions in responding to emergency situations. They loaned both equipment and personnel to deal with forest fires, chemical spills, flooding and weather related disasters, but financial cost and liability issues have often delayed or even prevented sharing of resources. Additionally, the formal mutual aid agreements which do exist generally pertain to public safety issues, even though most major disasters require a wide range of response. Ms. Green advised that the following County functions would be involved in providing assistance, although any and all departments could be needed, depending on the type of disaster: Public Safety - police, fire, rescue and sheriff, General Services - solid waste crews and vehicles, building maintenance, custodial, garage, Real Estate Assessment - appraisers to assess dollar amount of damage, Utility Department - repair crews and vehicles, water treatment plant operators, supervisors, and Community Development - engineers, building inspectors. Ms. Green explained that the Virginia Department of Emergency Management has developed a Statewide Mutual Aid Program which will resolve liability 696 December 5, 2000 and reimbursement issues up front, before a disaster, and allow two or more localities to enter into a mutual aid agreement or contract quickly. To participate, governing bodies must enter into an Authorizing Resolution that addresses liability issues and establishes simple procedures to assure proper reimbursement and auditing. The program will not interfere with any mutual aid already in existence, but will provide additional protection. It is also voluntary, so that local governments can make the decision about which resources, if any, are available during a particular event. Staff from the four local governments, including representatives from public safety and public works agencies, have met to review the plan, and the County Attorney has reviewed the documentation and prepared the attached resolution. Chief Burch and Ms. Green recommended that the Board approve the attached Authorizing Resolution and authorize the County Administrator or his designee as the contact person under the Statewide Mutual Aid Program. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, McNamara None ABSENT: Supervisor Nickens RESOLUTION 120500-3 APPROVING STATEWIDE MUTUAL AID FOR EMERGENCY MANAGEMENT WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 2000, as amended (Title 44, Chapter 3.2 of the Code of Virginia, 1950, as amended) authorizes the Commonwealth and its political subdivisions to provide emergency aid and assistance in the event of a major disaster; and, WHEREAS, the statutes also authorize the State Emergency Operations Center to coordinate the provision of any equipment, services or facilities owned or organized by the Commonwealth or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area; and WHEREAS, this Resolution authorized the request, provision, and receipt of interjurisdictional mutual aid in accordance with Title 44, Chapter 3.2 of the Code of December 5, 2000 697 Virginia, 1950, as amended, among political subdivisions, other authorized entities and officers within the Commonwealth; WHEREAS, the authorized representative for the County of Roanoke shall be the County Administrator or his designee; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the County of Roanoke shall have the authority to participate in Statewide Mutual Aid in the event of emergency or disaster in accordance with the following terms and conditions, which shall be in the nature of a compact and agreement among participating entities which have adopted similar executive orders, ordinances or resolutions. This Statewide Mutual Aid program may include requests for and provision of personnel, equipment, material and other forms of assistance, or any combination of assistance, to any entity within the Commonwealth, pursuant to the following terms and conditions: SECTION 1. DEFINITIONS A. "EVENT AGREEMENT" - a contract between two member political subdivisions entered into at the time of emergency in which the Assisting Party agrees to provide specified resources to the Requesting Party under the terms and conditions specified in the Agreement. B. "REQUESTING PARTY" - the member political subdivision requesting aid in the event of an emergency or disaster and participating in the Statewide Mutual Aid Program pursuant to the terms and conditions of this Resolution. C. "ASSISTING PARTY" - the member political subdivision furnishing equipment, services and/or manpower to the Requesting Party, and participating in the Statewide Mutual Aid Program ("the Program") pursuant to terms consistent with those in this Resolution. D. "AUTHORIZED REPRESENTATIVE" - an officer or employee of a member political subdivision authorized in writing by that entity to request, offer, or provide assistance under the terms of this Resolution. E. "DEPARTMENT" - the Department of Emergency Management. F. "EMERGENCY" -- any occurrence, or threat thereof, whether natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population, substantial damage to or loss of property, or substantial harm to the environment. G. "DISASTER" -- any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the Governor or the President of the United States. H. "IMPLEMENTATION GUIDEBOOK" -- Guidance document promulgated by the Department to assist member political subdivisions with Statewide mutual aid activities, to provide procedures and minimum standards for participation, and to provide for compliance with state and federal reimbursement requirements. I. "MAJOR DISASTER" -- a disaster which is likely to clearly exceed local capabilities and require a broad range of state and federal assistance. J. "MEMBER POLITICAL SUBDIVISION" -- any political subdivision or authorized officer or agency within the Commonwealth of Virginia which maintains its own emergency services organization and plan and which enacts an ordinance or resolution or promulgates an executive order with terms substantially similar to those set out in this Resolution, authorizing Statewide mutual aid pursuant to Title 44 of the Virginia Code. 698 December 5, 2000 K. "STATE EOC" -- the Virginia Emergency Operations Center from which assistance to localities is coordinated when local emergency response and recovery resources are overwhelmed. This facility is operated by the Virginia Department of Emergency Management. SECTION 2. PROCEDURES FOR PROVISION OF MUTUAL AID When a member political subdivision either becomes affected by, or is under imminent threat of an emergency or disaster and, as a result, has officially declared an emergency, it may request emergency-related mutual aid assistance by: (1) submitting a Request for Assistance to an Assisting Party or to the State EOC, or (2) orally communicating a request for mutual aid assistance to an Assisting Party or to the State EOC, followed as soon as practicable by written confirmation of the request. Mutual aid shall not be requested by a member political subdivision unless resources available within the stricken area are deemed to be inadequate. All requests for mutual aid must be transmitted by the Authorized Representative of the member political subdivision or the Director of Emergency Management. No member political subdivision shall be required to provide mutual aid unless it determines that it has sufficient resources to do so. A. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party may directly contact the Authorized Representative of the Assisting Party and provide the information in the Request Form prescribed in the SMA Implementation Guidebook. Each Assisting Party must communicate directly with the Requesting Party in order to execute an Event Agreement. The Requesting Party shall be responsible for keeping the State EOC advised of the status of mutual aid activities. B. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM THE STATE EOC: The Requesting Party may directly contact the State EOC, in which case it shall provide the information in the Request Form in the SMA Implementation Guidebook. The State EOC may then contact other member political subdivisions on behalf of the Requesting Party. Once identified, each Assisting Party must communicate directly with the Requesting Party in order to execute an Event Agreement. C. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE: When contacted by a Requesting Party, or by the State EOC on behalf of a Requesting Party, the Authorized Representative of any member political subdivision agrees to assess local resources to determine available personnel, equipment and other assistance. D. SUPERVISION AND CONTROL: When providing assistance under the terms of this Agreement, the personnel, equipment, and resources of any Assisting Party will be under the operational control of the Requesting Party, which shall advise supervisory personnel of the Assisting Party of work tasks, for assignment to personnel. Direct supervision and control of personnel, equipment and resources shall remain with the designated supervisory personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall: maintain daily personnel time records, material records, and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Assisting Party; and shall report work progress to the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party. At least twenty-four hour advance notification of intent to withdraw personnel or resources shall December 5, 2000 699 be provided to the Requesting Party unless such notice is not practicable, in which case such notice as is reasonable shall be provided. E. FOOD, HOUSING, AND SELF-SUFFICIENCY: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. However, Assisting Party personnel and equipment should be, to the greatest extent possible, self-sufficient while working in the emergency or disaster area. The Requesting Party may specify only self-sufficient personnel and resources in its request for assistance. F. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to furnish communications equipment sufficient to maintain communications among their respective operating units. G. RIGHTS AND PRIVILEGES: Whenever the officials, employees and volunteers of the Assisting Party are rendering aid pursuant to this Agreement, such employees shall have the powers, duties, rights, privileges, and immunities, and shall receive the compensation, incidental to their employment or position. H. TERM OF DEPLOYMENT: The initial duration of a request for assistance is normally seven days and may be extended, if necessary, in seven day increments. However, the duration may be shorter or longer as reflected in the Event Agreement. I SUMMARY REPORT: Within ten days of the return of all personnel deployed under SMA, the Requesting Party will prepare a Summary Report of the event, and provide copies to each Assisting Party and to the Department. The Report shall be in a format prescribed by the Department and shall include a chronology of events and description of personnel, equipment and materials provided by one party to the other. SECTION 3. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided pursuant to this Resolution shall be in accordance with the following provisions, unless otherwise agreed upon by the Requesting and Assisting Parties and specified in the Event Agreement. A. PERSONNEL: During the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses (including travel expenses, benefits, workers' compensation claims and expenses) incurred during the period of assistance, unless agreed to otherwise by the parties in the Event Agreement. B. EQUIPMENT: The Assisting Party shall be reimbursed by the Requesting Party for the use of its equipment during the period of assistance according to either a pre-established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which some costs may be reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228, or other regulations in effect at the time of the disaster. Each Party shall maintain its own equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, if practical. If the equipment charges are based on a pre-established local or 700 December 5, 2000 state hourly rate, then these charges to the Requesting Party shall be reduced by the total value of the fuels, supplies, and repairs furnished by the Requesting Party and by the amount of any insurance proceeds received by the Assisting Party. C. MATERIALS AND SUPPLIES: The Assisting Party shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel and maintenance materials, labor and supplies, which shall be included in the equipment rate established above, unless such damage is caused by gross negligence, or willful and wanton misconduct of the Assisting Party's personnel. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228 or other regulations in effect at the time of the disaster. In the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. If such an agreement is made, it shall be reduced to writing and transmitted to the Department. D. RECORD KEEPING: The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party in accordance with existing policies and practices. Requesting Party and Department finance personnel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. Later, Department personnel will provide assistance to the Requesting Party in seeking federal/state reimbursement. E. PAYMENT: Unless otherwise mutually agreed, the Assisting Party shall bill the Requesting Party for all reimbursable expenses with an itemized statement as soon as practicable after the expenses are incurred, but not later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with applicable federal or State regulations. The Requesting Party shall pay the bill, or advise of any disputed items, not later than sixty (60) days following receipt of the statement, unless otherwise agreed upon. F. WAIVER OF REIMBURSEMENT: A member political subdivision may assume or donate, in whole or in part, the costs associated with any loss, damage, expense or use of personnel, equipment and resources provided. SECTION 4. INSURANCE A. WORKERS' COMPENSATION COVERAGE: Each member political subdivision shall be responsible for its own actions and those of its employees and is responsible for complying with the Virginia Workers' Compensation Act. B. AUTOMOBILE LIABILITY COVERAGE: Each member political subdivision shall be responsible for its own actions and is responsible for complying with the Virginia motor vehicle financial responsibility laws. Member political subdivisions agree to obtain automobile liability coverage with a limit of at least $1,000,000 combined single limit and coverage for owned, non-owned, and hired vehicles. It is understood that the local government may include in the emergency response voiunteer companies that have motor vehicles titled in the name of the volunteer company. It is the responsibility of each member political subdivision to determine if the volunteer company has automobile liability coverage as outlined in this section. C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY: To the extent permitted by law and without waiving sovereign immunity, each member political subdivision shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in December 5, 2000 701 providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this Resolution. Each member political subdivision agrees to obtain general liability, public officials liability and law enforcement liability, if applicable, with minimum single limits of no less than one million dollars. SECTION 5. ROLE OF THE DEPARTMENT OF EMERGENCY MANAGEMENT The Department shall, during normal operations, provide staff support to political subdivisions, officers and authorized agencies, serve as the central depository for agreements, resolutions, ordinances and executive orders, maintain a current listing of member political subdivisions, and provide a copy of this listing to each on an annual basis. The State EOC shall, during emergency operations, (1) request mutual aid on behalf of a member political subdivision, under the circumstances identified in this Agreement, (2) keep a record of all Requests for Assistance and Acknowledgments, (3) report on the status of ongoing emergency or disaster-related mutual aid as appropriate, and assist participants in meeting all procedural and other requirements, including those pertaining to federal and state cost reimbursement. SECTION 6. SEVERABILITY AND THE EFFECT ON OTHER RESOLUTIONS Should any portion, section, or subsection of this Resolution be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Resolution shall remain in full force and effect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this Resolution have entered into other mutual aid agreements, those parties agree that said agreement will remain in effect unless they conflict in principle with this Resolution in which case they are superseded by this Resolution. In the event that two or more parties to this Resolution have not entered into another agreement, and the parties wish to engage in mutual aid, then the terms and conditions of this Resolution shall apply between those parties. This resolution shall be in full force and effect from and after its adoption. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, McNamara NAYS: None ABSENT: Supervisor Nickens IN RE: FIRST READING OF ORDINANCES L First readina of ordinance authorizina creation of and financina for a Local Public Works Imcrovement Proiect: Webster Road Water Proiect. (Gary Robertson. Utilitv Director) Assistant Utility Director Bob Benninger reported that private wells serving properties on Webster Road yield water of poor quality, which requires extensive in- 702 December 5, 2000 home water treatment systems. On August 16, Utility Department staff received a petition with 6 signatures from property owners along Webster Road to extend public water lines to serve their properties. Public water presently exists at the intersection of Laban Road and Webster Road. Letters were mailed on September 20 to 95 property owners on Webster Road, Laban Road, Dallas Road, Goff Road, Loman Drive, and Enon Drive with with development of the larger project. responses due on October 4. Insufficient response was received to warrant continuing Webster Road to proceed with a smaller scale project. The Utility Department has determined that the cost to extend public water lines approximately 850 feet to serve the However, sufficient support existed along 10 properties in the proposed service area would be $44,550. Mr. Benninger explained that the attached ordinance establishes a special service area for the project with each participating, property owner paying their cost share through a special connection fee The ordinance also establishes a method of financing at an interest rate of 8% for a period of up to 10 years for those property owners who participate initially. The $5,800 connection fee includes the fair share of the construction cost required to extend the public water system to serve the subject properties along Webster Road as well as 50 percent of the off-site water facility fee of $2,690. Mr. Benninger recommended proceeding with this project and allowing a 90- day grace period. Properties not participating within this time period would pay their share of construction plus a 20% increase and the full off-site facility fee should they connect at a later date. Based on present fees, the cost to connect at a later date would be $8,036. explained that the quality of the water was the problem, not the availability. In response to a question from Supervisor McNamara, Mr. Benninger Mr. December 5, 2000 703 McNamara expressed concern about spending $45,000 just to improve the water; Supervisor Johnson, however, thought it was worth the investment. Supervisor Johnson moved to approve the first reading and set the second reading for December 19, 2000. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, McNamara None ABSENT: Supervisor Nickens ~ First readina of ordinance ratifvina and accrovina a contract of sale with Billv B. Guthrie and Barbara B. Guthrie for the curchase of 2,797 acres of land beina the westerly cortion of crocertv (Tax Mac No. 97-05-1-3)and authorizina the acquisition and accectance for carks and recreation curcoses, (Vickie Huffman. Assistant County Attorney) Director of Parks, Recreation and Tourism Pete Haislip reported that as part of the development of the South County Park, staff had identified adjacent properties that could accommodate additional facility development as well as relocation of the South County maintenance shop, currently located at Penn Forest Elementary School. The Guthrie parcel is approximately 2.8 acres and strategically located between Starkey and the new South County Park. The staff has negotiated with the Guthrie family in regard to this parcel and have agreed to the following term: (1) The County will pay $48,000 for the parcel and agree to provide a tree buffer on the boundary line of the park and the new Guthrie property line according to terms outlined; and (2) the County 704 December 5, 2000 will be responsible for all expenses related to the transaction including certain legal and recording fees on behalf of the Guthries. In response to questions from the Board members, Mr. Haislip advised that South County Park is finished and will open April 1, and that there will be open and walking space along Back Creek within 1/2 mile of the trail systems. Supervisor Minnix moved to approve the first reading and set the second reading for December 19, 2000. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, McNamara None ABSENT: Supervisor Nickens J,. First readina of ordinance adoctinq a new cable television ordinance and accrovina a franchise aareement which renews the riaht of Blacksbura/Salem Cablevision Inc.. D/B/A Adelchia Cable Communications to erect. construct. ocerate and maintain a cable television system and recealina Ordinance 102594-12, IJosech Obenshain. Sr, Assistant County Attorney) Mr. Obenshain explained the original franchise agreement between the County of Roanoke and Blacksburg/Salem Cablevision Inc.(the successor to Booth American Company, the original cable franchise holder), doing business as Adelphia Cable Communications expired in October, 1999, simultaneously with that company's cable franchise with the City of Salem. Since October, 1999, the County's franchise with Adelphia has been extended by successive three month periods to permit the completion of negotiations by Adelphia first with the City of Salem and then December 5, 2000 705 subsequently with the County. The City of Salem adopted a new franchise agreement and ordinance extending Adelphia's franchise for a minimum of ten years and a maximum of fifteen years in September, 2000. Negotiations between the County's cable television committee and a representative of Adelphia have been successfully completed. The terms of the proposed new franchise agreement and ordinance closely follow the documents approved and adopted by the City of Salem. Mr. Obenshain advised that the negotiating team appointed by the Board of Supervisors has reached agreement with representatives of Adelphia to operate a franchise for a cable television system in the Catawba Magisterial District and a small portion of the Windsor Hills Magisterial Districts for a minimum term of ten years and a maximum of fifteen years. The franchise will run simultaneously with the City of Salem's franchise. The proposed ordinance is virtually identical to the revised ordinance adopted in September by the City of Salem. This will insure that Adelphia's operations will be governed by the same rules in each jurisdiction. Adelphia has agreed to provide a monetary or capital grant of $41,760 which represents an increase in the grant made to Roanoke County in 1994 based upon the prorate increase in County subscribers since that time. The franchise fee of 5% of gross revenues derived from Adelpha's operation of their cable system, to be paid on a quarterly basis, remains the same. Any increase in franchise fee revenues to the County will be the result of increases in Adelphia' s cable system revenues. Supervisor Church advised that he was pleased with the agreement and expressed thanks to everyone involved in the negotiations. Supervisor Church moved to approve the first reading and set the second reading And public hearing for December 19, 2000. The motion carried by the following recorded vote: 706 December 5, 2000 AYES: NAYS: ABSENT: IN RE: Supervisors Johnson, Minnix, Church, McNamara None Supervisor Nickens APPOINTMENTS L Blue Ridae Community Services Board of Directors Supervisor McNamara nominated Gary Kelly to serve a three year term expiring December 31, 2003. ~ Plannina Commission Supervisor McNamara nominated AI Thomason to serve another four year term expiring December 31, 2004, and asked that his nomination be placed on the Consent Agenda. IN RE: CONSENT AGENDA R-120500.4: R-120500-4,b. R-120500-4,e. R-120500-4,f Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Johnson, Minnix, Church, McNamara None Supervisor Nickens RESOLUTION 120500-4 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 December 5, 2000, 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: December 5, 2000 707 5. 1. Confirmation of committee appointments to the Grievance Panel and Planning Commission. Request for acceptance of a portion of Pettit Avenue into the Virginia Department of Transportation Secondary System. 2. 3. Request from School Administration to accept and appropriate $5,966.22 from the Department of Education for mailing School Performance Report Cards. Request to accept and appropriate $55,790 in Federal Title IV-E Pass-through funds to the Department of Social Services. 4. Resolutions of appreciation: (a) upon the retirement of Dana L. Gibson, Utility Department (b) honoring the late Cecil D. Pugh, Utility Department Donation of 20 foot easement located in the Catawba Magisterial District from William R. Hodges, Jr. and Janette Coakley Hodges (Tax Map # 15.00-01-11) to the Board of Supervisors 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 Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, McNamara NAYS: None ABSENT: Supervisor Nickens 6. RESOLUTION 120500-4,b REQUESTING ACCEPTANCE OF PETTIT AVENUE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Additions Form SR- 5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Reauirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Reauirements. and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and 708 December 5, 2000 ~ BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: Absent: Supervisor Johnson None Required Supervisors Johnson. Minnix. Church. McNamara None SüPërvisor Nickens RESOLUTION 120500-4,e EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DANA L. GIBSON, UTILITY DEPARTMENT WHEREAS, Dana L. Gibson was first employed by the Roanoke County Public Service Authority on October 2, 1967, as a water operator, and on June 30, 1980, was employed as a water operator in the Roanoke County Utility Department; and WHEREAS, Mr. Gibson retired from Roanoke County on September 1, 2000 after more than thirty-two years of service; and WHEREAS, Mr. Gibson could be relied upon to complete projects with the utmost degree of quaiity and professionalism; and always approached his work with enthusiasm and a positive attitude; and WHEREAS, Mr. Gibson has been involved in the successful development and training of many new employees in the Utility Department; and WHEREAS, Mr. Gibson, 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 DANA L. GIBSON for more than thirty-two years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, McNamara NAYS: None ABSENT: Supervisor Nickens RESOLUTION 120500-4.f HONORING THE LATE CECIL D. PUGH FOR MORE THAN TWENTY FOUR YEARS OF SERVICES TO ROANOKE COUNTY WHEREAS, the late Cecil D. Pugh was first employed by the Roanoke County Public Service Authority on September 2, 1975, as a Motor Equipment Operator I in the Utility Department, and also served as Motor Equipment Operator II; and WHEREAS, Mr. Pugh never had an unkind word to say about anyone and always exhibited a cheerful and pleasant demeanor to everyone; and WHEREAS, Mr. Pugh was one of the most capable equipment operators ever employed by Roanoke County; and WHEREAS, Mr. Pugh, who retired from Roanoke County on August 1, 2000, after more than twenty-four years of service, and passed away on August 14, December 5, 2000 709 ~ 2000, will be greatly missed by his fellow co-workers, his family, and the citizens of Roanoke County. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby express its sorrow at the death of Mr. Pugh and convey its deepest sympathy to his family; and BE IT FURTHER RESOLVED that the Board of Supervisors wishes to honor his memory and express its deepest appreciation and the appreciation of the citizens of Roanoke County for Mr. Pugh's many years of capable, loyal and dedicated service to Roanoke County; and BE IT FURTHER RESOLVED that a copy of this resolution be sent to Mr. Pugh's wife and family. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, McNamara NAYS: None ABSENT: Supervisor Nickens IN RE: REQUESTS FOR WORK SESSIONS Supervisor McNamara scheduled a work session for December 19, 2000 to discuss changing the Board meeting dates from the second and fourth Tuesdays to the second and fourth Mondays. IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports after discussion of Items 1 and 2. The motion carried by a unanimous voice vote with Supervisor Nickens absent. L General Fund Unaccrocriated Balance Supervisor McNamara questioned whether $907,000 was appropriated for firefighters since they will not be hired until 2001, and only $450,000 will be needed this fiscal year. Mr. Hodge responded that they will need funding for the engineering studies for renovations to fire and rescue buildings and will bring back a request for funding on December 19, 2000. ~ Cacital Fund Unaccrocriated Balance 710 December 5, 2000 = Supervisor McNamara pointed out an incorrect amount. J,. ~ Board Continaency Fund Future School Cacital Reserve Q.. Statement of revenues and excenditures for the month ended October 31. 2000, §., Accounts Paid - October 2000 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson: (1) He advised that he has received several calls about the proposed Wal-Mart development and that the final elevation will be above many of the homes. He asked staff to look at the noise ordinance to see the impact to those homes. Mr. Hodge will write a letter to Wal-Mart asking for a change. (2) He announced he had seen the final School Board retirement document, and assumes that it will be an IRS qualified plan. He advised that he was concerned about the teachers being forced back into the classroom because their early retirement plan will be reduced after a previous commitment was made. Sucervisor Minnix: (1) He announced that he may not be able to attend the December 19 meeting and offered Season's Greetings to everyone. (2) He announced that it was Student Government Day and he had a great time and was impressed with the participating students. (3) He advised that the Virginia Department of Transportation has indicated that because of the narrowness of the road, Penn Forest Boulevard will have NO PARKING signs installed. He is trying to work to minimize the impact to those who live there. Sucervisor Church: (1) He wished Commissioner of the Revenue Wayne Compton a speedy recovery. (2) He echoed Supervisor Minnix's comments about December 5, 2000 711 Student Government Day activities. (3) He announced that the girls basketball teams at both Glenvar and Northside High School had outstanding seasons and offered them his congratulations. Sucervisor McNamara: (1) He thanked the students and staff for their work on the Student Government Day activities. (2) He thanked the Board of Supervisors for their help and support during the past year. (3) He suggested that the Board schedule a retreat similar to last year's retreat, inviting various economic development agencies to attend and develop a plan for the Roanoke Valley. IN RE: CLOSED MEETING At 4:45 p.m., Supervisor McNamara moved to go into Closed Meeting following the work session pursuant to Code of Virginia Section 2.1-344A (1) discussion concerning the appointment of personnel to the 2001 Board of Equalization; and Section 1.2-344 A (3) discussion of proposed sale of real estate. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Minnix, Church, McNamara None ABSENT: Supervisor Nickens IN RE: R-120500-5 CERTIFICATION RESOLUTION At 5:05 p.m., Supervisor McNamara advised that the Closed Meeting was held from 4:45 p.m. until 5:05 p.m., and moved to return to open session and adopt the Certification Resolution. The motion carried b'y the following recorded vote: 712 December 5, 2000 AYES: NAYS: ABSENT: Supervisors Johnson, Minnix, Church, McNamara None Supervisor Nickens RESOLUTION 120500-5 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 2.1-344.1 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 McNamara to adopt the Certification Resolution, and carried by the following recorded vote: AYES: NAYS: ABSENT: IN RE: Supervisors Johnson, Minnix, Church, McNamara None Supervisor Nickens WORK SESSION WITH ROANOKE VALLEY LEGISLATORS TO DISCUSS THE 2001 SESSION OF THE GENERAL ASSEMBLY AT 5:00 P.M, IN THE 4TH FLOOR CONFERENCE ROOM. (PAUL MAHONEY, COUNTY ATTORNEY) The work session was held from 5:05 p.m. to 6:00 p.m with Delegates Clifton "Chip" Woodrum, A. Victor Thomas, Richard Cranwell, Morgan Griffith and Senator Malfourd W. "Bo" Trumbo present. Senator John Edwards was absent. December 5, 2000 713 Mr. Mahoney presented the Board's Legislative Program and asked for their support. Mr. Mahoney updated the legislators on the County's efforts concerning removal of the Keeling Tire Dump and advised there were as many as 5 million tires in the dump. Delegate Thomas and Senator Trumbo agreed to introduce legislation amending the State Code to increase the tire tax from $.50 to $1.25 and direct and authorize the Department of Waste Management to utilize the increased Waste Tire Trust Fund to remediate illegal or abandoned tire dumps. Delegates Cranwell and Griffith agreed to support legislation to increase the salary supplement for the Chairman of the Board of Supervisors from $1,800 to $5,000. The County's request was only to raise the salary supplement to $2,500 but the legislators recommending increasing the maximum to eliminate coming back to the General Assembly in the future. Senator Trumbo advised that year-to-date they have received 3.2% revenue increases over last year instead of the projected 5.5% increase. The legislators were unanimous that the would not use the "rainy day"fund to pay for the car tax. There was a discussion on the best approach to lobby the General Assembly. The legislators agreed that the County did not need to hire lobbyists but that someone from the County should be at the General Assembly almost every day. IN RE: ADJOURNMENT At 6:05 p.m., Chairman McNamara adjourned the meeting. 714 December 5, 2000 ~ Submitted by, Approved by, ~?/.~ Mary H. Allen, CMC Clerk to the Board