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HomeMy WebLinkAbout6/14/2005 - Regular June 14, 2005 671 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 June 14, 2005 The Board of Supervisors of Roanoke County, Virginia met this day atthe Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of June, 2005. IN RE: CALL TO ORDER Chairman Altizer called the meeting to order at 3:03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael W. Altizer, Vice-Chairman Michael A. Wray, Supervisors Joseph B. “Butch” Church, Richard C. Flora, Joseph McNamara MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan R. O’Donnell, Assistant County Administrator; Diane D. Hyatt, Chief Financial Officer; Brenda J. Holton, Deputy Clerk to the Board IN RE: OPENING CEREMONIES The invocation was given by Reverend Samuel Belisle, Penn Forest Church of God. The Pledge of Allegiance was recited by all present. June 14, 2005 672 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney added two closed meeting items: (1) pursuant to the Code of Virginia Section 2.2-3711 A (30) discussion of the terms or scope of a public contract where discussion in open session would adversely effect the bargaining position or negotiating strategy of the County, namely an agreement with the City of Roanoke concerning regional fire and rescue service delivery; and (2) Section 2.2-3711 A (3) discussion or consideration of the acquisition of real property for a public purpose, namely the Treasurer's tax lien auction. Mr. Hodge added Item E-4 to New Business: Authorization to approve and execute an agreement between James R. Walker of Roanoke L.L.C. (Walker Automotive) and Roanoke County for completion of mechanical equipment screening at the service administration building of Walker Automotive. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1.Certificate of recognition to the Roanoke County 9-1-1 Dispatch Center Emergency Medical Dispatch program for being accredited by the Virginia Office of Emergency Medical Services Chairman Altizer presented a certificate of recognition to Chief Communications Officer Pat Shumate who introduced those attending: Chief Training Officer Emily Totten; Communications Officers Donna Rigney, Aleta Coleman, Vickie Thomas and David Craighead; Chief of Police Ray Lavinder; Assistant Chief Terrell June 14, 2005 673 Holbrook, and Lt. Scott Smith. Ken Crumpler, Communications Coordinator for the Virginia Office of Emergency Medical Services, presented a certificate recognizing the accreditation of the Roanoke County 9-1-1 Center to Officer Shumate and staff present. IN RE: NEW BUSINESS 1. Adoption of certification resolution for the closed meeting held on June 7, 2005. (Paul Mahoney, County Attorney) R-061405-1 Mr. Mahoney advised that at the meeting on June 7, 2005, the Board held a lawful closed meeting pursuant to the Code of Virginia Section 2.2-3711 A (3) to discuss acquisition of several parcels of real estate for public purposes and Section 2.2- 3711 A (1) to evaluate the performance of the County Administrator and County Attorney. Mr. Mahoney advised that when the closed meeting ended at approximately 8:10 p.m., the Board inadvertently overlooked reconvening in open session to adopt the certification resolution. He asked that the Board adopt the certification resolution in accordance with the Code of Virginia Section 2.2-3712 D. Supervisor McNamara moved to adopt the certification resolution for June 7, 2005. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None June 14, 2005 674 RESOLUTION 061405-1 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 June 7, 2005 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None 2. Request to approve the sublease and co-location by “Omnipoint Communications Cap Operations, LLC (T-Mobile)” on the NTELOS owned tower located at the Hollins Fire Station, 7401 Barrens Road, Hollins Magisterial District. (Paul Mahoney, County Attorney) R-061405-2 Mr. Mahoney advised that in October 2004, the Board adopted an ordinance that authorized a lease agreement with NTELOS to erect a tower at the Hollins Fire Station. As part of that ordinance, the Board was granted the power and authority to approve additional antennae to be placed on that tower with the County June 14, 2005 675 deriving 20% of the rental from the sublease. This is the second request for a sublease that has been submitted to the Board. The Board will receive $4,320 annually from the sublease and staff is requesting that the Board authorize this resolution to approve this sublease. Supervisor Wray inquired if the funds that the Board will receive from the sublease will be paid in advance. Mr. Mahoney indicated that he was not sure but he will find out and report back to Supervisor Wray. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None RESOLUTION 061405-2 APPROVING THE SUBLEASE AND CO- LOCATION BY “OMNIPOINT COMMUNICATIONS CAP OPERATIONS, LLC (T-MOBILE)” ON THE NTELOS OWNED TOWER LOCATED AT THE HOLLINS FIRE STATION AT 7401 BARRENS ROAD, HOLLINS MAGISTERIAL DISTRICT WHEREAS, by Ordinance 102604-7 Roanoke County authorized the execution of an option and lease agreement with Virginia PCS Alliance, L.C., d/b/a NTELOS for a 3,400 sq. ft. tower site to be located on property owned by Roanoke County at the Hollins Fire Station on Barrens Road in the Hollins Magisterial District; and WHEREAS, Section 14 of the Option and Lease Agreement, provides that NTELOS must receive consent from Roanoke County to sublease the tower; and WHEREAS, this Agreement also provides that 20% of the rental received by NTELOS for any such sublease shall be paid to Roanoke County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby approves the NTELOS request to sublease to Omnipoint Communications CAP Operations, LLC (“T-Mobile”) space on the NTELOS owned tower located at the Hollins Fire Station at 7401 Barrens Road, Roanoke County, Virginia; and June 14, 2005 676 2. That NTELOS shall pay Roanoke County 20% of any rents paid to NTELOS by Omnipoint Communications CAP Operations, LLC; said payments to be placed in the County Building Repair Account pursuant to Ordinance 102604-7. 3. That the County Administrator or an Assistant County Administrator is hereby authorized to execute such documents and take such actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None 3. Request to authorize the execution of a Memorandum of Agreement among the Federal Highway Administration, the Advisory Council on Historic Preservation, the Virginia State Historic Preservation Officer, the Virginia Department of Transportation, and the National Park Service regarding the Interstate 73 Corridor. (Elmer Hodge, County Administrator, and Anthony Ford, Traffic Engineer) A-061405-3 Mr. Hodge distributed a memorandum and proposed revision to the Memorandum of Agreement (MOA) to the Board members. He advised that staff has been working with the Blue Ridge Parkway (BRP) and VDOT to ensure that the access to the BRP in the Clearbrook area can be protected under the terms of the I-73 MOA dated October 21, 2004 and approved by the Board on November 16, 2004. Mr. Hodge advised that when the MOA was sent to the County, it contained provisions from the National Park Service (NPS) to restrict direct access to the parkway from any of the June 14, 2005 677 routes along I-73 which included Route 220 in the Clearbrook area. Staff expressed concerns about that restriction which would have a negative impact on tourism for the Roanoke Valley and be detrimental to local use of the parkway. Staff discussed these concerns with the BRP and has been working for several weeks to find a solution that allows an access in the Clearbrook area while protecting the parkway. Mr. Hodge advised that the language in the MOA is satisfactory to the County and if the Board accepts the changes as presented, he requested authorization to execute the agreement with the NPS and the BRP. He read the revisions to the MOA page 2, section I. Blue Ridge Parkway (BRP) Crossing Design as follows: “The NPS- BRP shall apply this money to the design and construction of an access connection to the BRP at another location in the Clear Brook area of Roanoke County between Parkway milepost 120 and 123. This location will be determined by the NPS-BRP in consultation with Roanoke County and the City of Roanoke.” He advised that the County and City of Roanoke should be consulted since they each own property along the parkway. He advised that the mileposts mentioned are approximately one and one- half miles on either side of Route 220 and staff believes that this will be satisfactory. The actual location would be determined when the engineering is done and the County’s input would help to minimize any negative impacts on businesses and property owners. He requested the Board’s permission to execute the agreement. June 14, 2005 678 Supervisor Wray inquired if the location that Mr. Hodge mentioned of one and one-half miles on either side of Route 220 would affect tourism and the economy. Mr. Hodge advised that the access would resolve these issues, would allow room for the turn lane and the off ramp that the parkway would like to have, and gives the County room to work around the development and mountain that already exists. Supervisor Wray inquired if Mr. Hodge envisioned an access road that would connect with Route 220. Mr. Hodge responded in the affirmative and advised that before construction, engineering would determine the best placement of the road around the properties already existing. Supervisor Wray advised that there is a provision in the MOA that if a document is received and there is no comment within thirty days, it is assumed that you are in agreement with the document. He advised that if the County receives any information, he wants to see it within the time frame specified to determine if there are questions. Mr. Hodge advised that the County met the time frame initially by registering the County’s concerns and the time frame was extended for the County to send in their information. Mr. Hodge advised that Supervisor Wray was probably concerned about communications coming to the staff and Supervisor Wray advised that this was correct. Supervisor Wray inquired if the County had received any comments or objections under Item 5.b of the MOA which he quoted as follows: “At any time during implementation of the measures stipulated in this Programmatic Agreement (PA), should a member of the public object to the Federal Highway Administration (FHWA) or June 14, 2005 679 VDOT regarding the manner in which the measures stipulated in this PA are being implemented, the FHWA shall notify the signatories to this PA and consult with the objector to resolve the objection.” Mr. Hodge advised that the County has received none at this point but he anticipates some comments will be received when the design begins. Supervisor Wray stated for clarification that the term of the agreement is for five years with an automatic renewal not to exceed twenty years. He expressed concern that language be in the agreement to ensure that the access stays in the Clearbrook area, and also voiced concerns about the tourists and residents who want to use the parkway as well as economic factors. Mr. Hodge advised that he thinks this is an excellent agreement with the NPS and VDOT and gives the County ongoing input and involvement which will assist the County in keeping citizens informed. Supervisor Wray moved to approve staff recommendation (authorize the County Administrator to execute the Memorandum of Agreement on behalf of the County). The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None 4. Authorization to approve and execute an agreement between James R. Walker of Roanoke L.L.C. (Walker Automotive) and Roanoke County for completion of mechanical equipment June 14, 2005 680 screening at the service administration building of Walker Automotive. (Elmer Hodge, County Administrator) A-061405-4 Mr. Hodge distributed the Board report for this item which was added to the meeting. He advised that this item is to consider an agreement between Walker Automotive and Roanoke County for the completion of the mechanical equipment screening at the service building in Clearbrook. In December 2004, Walker Automotive began occupying a service administration building in the Clearbrook area. At this time, Jimmy Walker, owner of Walker Automotive, agreed that the current design revealed more of the HVAC equipment on the roof than anticipated. Some of the equipment was visible from Route 220 and the Blue Ridge Parkway (BRP) and Mr. Walker agreed to design and construct within the next several months a screen that would conceal the equipment. Mr. Hodge advised that Mr. Walker has completed the design and staff is submitting this proposal to the Board for approval with the following conditions: (1) the execution of an agreement between Roanoke County and Walker Automotive for the completion of the approved mechanical equipment screening plan which is attached to the Board report; (2) alterations will be completed within 60 days once notice of approval of the agreement has been provided by Roanoke County; (3) Walker Automotive will guarantee the work by posting a surety in an amount no less than $65,000 which Mr. Walker has already done; and (4) construction will be in accordance June 14, 2005 681 with the mechanical equipment screening plan which is also attached as Exhibit A to the Board report. Mr. Hodge advised that this is a much improved design and will screen the equipment sufficiently from the BRP and Route 220. He asked that the Board receive the monies, establish an account with the Treasurer, and permit the execution of the agreement. In response to Supervisor Wray’s inquiry if the screening would block the view of the mechanical equipment from all sides, Mr. Hodge advised that Mr. Walker had an engineer provide the information which shows the dimensions of the panels are 4 feet 6 inches high and 12 feet long and they are made of the same material as used in the building. The panels have been engineered to go around the HVAC equipment and Mr. Hodge believes that the equipment will be adequately screened. Supervisor Wray advised that he attempting to understand the different site views, and inquired about the height of the screening panels which appear to be eighteen inches above the units. He asked if there was anyone present from Walker Automotive to answer questions. Mr. Mike Marsh, Construction Superintendent on the Walker Automotive job site, advised that he might be able to provide assistance. Supervisor Wray advised that when viewing the units from the north and south sides, there does not appear to be a problem with the height of the screening but from the west side (the Route 220 side), he inquired what would be seen when looking over the rest of the units if the panels are 18 inches above the mechanical units. Mr. Marsh advised that he does not believe you will see the units based on the fact that the June 14, 2005 682 screening has been designed by an engineer for the specific purpose of hiding the equipment. Supervisor Wray asked if the screening being provided is not satisfactory, would Mr. Walker be willing to go further and provide additional screening. Mr. Marsh advised that he cannot speak for Mr. Walker but he feels that Mr. Walker will make sure that the units are covered Supervisor Wray advised that the elevation on the east side (the back side) is wooded and Mr. Mash advised that Route 220 (the west side) is at the elevation of the roof of the building. Supervisor Wray inquired of Mr. Mahoney what flexibility does the County have if Mr. Walker needs to raise the screening another six inches to accomplish what is needed. Mr. Mahoney advised that the County has no flexibility beyond what is set out in the exhibit and agreement. If Mr. Walker builds what he has indicated on the plans, he will have fulfilled his contract with the County. Supervisor Wray inquired if the agreement ensures that the work will be performed. Mr. Mahoney advised that if Mr. Walker does not complete the work, the County has the cash escrow provided by Mr. Walker which it can use to have the work performed. However, Mr. Mahoney cautioned that he would be reluctant to have County personnel or contractors work on the roof. Supervisor Wray advised that he was concerned that the action required by the agreement may not accomplish what is needed and once the work has been done, the bond would be released. In response to Supervisor Wray’s inquiry if he had any more information to add, Mr. Hodge advised that there are several things to consider: (1) Mr. Walker does June 14, 2005 683 not have to do this other than his verbal commitment to the community and the County because zoning for the project does not require it. (2) Mr. Walker is sincere in wanting to accomplish the proper screening. (3) Mr. Walker has posted a bond of $65,000. Mr. Hodge advised that Mr. Walker has indicated to staff that his purpose is to screen and hide the HVAC to make the appearance of the building better. If Mr. Walker fails to do that, the County could keep the bond and it would become an issue for attorneys. Mr. Hodge advised that this is a request to sign the agreement and to establish the bond. Mr. Hodge advised that he could ask Mr. Walker to look at more elevations before construction begins to make sure the screening will be satisfactory. Supervisor Wray advised that this would be acceptable because all parties agree that it does not look good at the present time and he wants to be sure it is done properly. He asked Mr. Hodge to continue communicating with Mr. Walker while going forward with the screening. He believes that Mr. Walker does want to make the views pleasing to his business and also from Route 220. Supervisor Church inquired about Mr. Hodge’s statement that zoning did not require the screening. Mr. Hodge advised that a series of events took place when the original zoning for Walker Automotive was accomplished, and it was the first rezoning in the Clearbrook area before the Clearbrook Overlay District was created. There was no proffered condition that Mr. Walker would shield the HVAC equipment although Mr. Hodge, Supervisor Wray, and the community were under the impression June 14, 2005 684 that the equipment would be shielded. This solution has been worked through with Mr. Walker; however, there is no legal way that the County could require the screening. Supervisor McNamara advised that if you have someone who wants to work with you, the Board should be willing to work with them. He inquired if anyone knew what the top of the screening and feet above sea level is relative to the road. Mr. Hodge advised that he did not have that information. Mr. Hodge advised that staff will check to make sure that the elevations from the BRP and the on and off ramp will provide adequate screening. Supervisor Altizer inquired of Mr. Marsh if he was actually going to do the work. Mr. Marsh advised that the work will be subcontracted out but he will oversee it. Supervisor Altizer inquired if Mr. Marsh felt the work could be completed within sixty days. Mr. Marsh advised that the steel would have to be fabricated and it might take longer. Mr. Hodge advised that it was his understanding that Mr. Walker had committed to the completion in sixty days and has asked for a grace period of ten days. Mr. Marsh advised that he would be fine with sixty days for completion. Supervisor Altizer advised that he did not want to be at this point again in ninety days and he wanted everyone to have a clear understanding about the time frame. Supervisor Flora advised that there may be a problem with the sixty day time frame because the waiting period for steel is anywhere from 9 to 12 weeks. Supervisor Wray inquired if the material for the screening is the same as is presently on June 14, 2005 685 the building. Mr. Marsh advised that this is correct and they are using a local contractor to make the panels on site. Supervisor Wray asked Mr. Hodge to continue to dialogue with Mr. Walker and if the panels need to be increased six inches for the proper screening, it should be done. This is not contained in the agreement but Supervisor Wray felt that Mr. Walker would do what is necessary. He asked Mr. Hodge to keep him and the Board informed. Supervisor Wray moved to approve staff recommendation (approval of the mechanical equipment screening plan with conditions). The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance to increase the salaries of the members of the Board of Supervisors of Roanoke County pursuant to Section 3.07 of the Roanoke County Charter and Section 15.2-1414.3 of the Code of Virginia. (Paul M. Mahoney, County Attorney) Mr. Mahoney advised that this is the first reading of an ordinance to increase the Board’s salaries. He reminded the Board that under the County Code any salary increase can only occur upon the adoption of an ordinance after a public hearing and it can only occur during the months of May and June. The second reading and June 14, 2005 686 public hearing is scheduled for June 28. The increase is a 4% increase which is the same that the Board adopted in the budget for County personnel and is a similar increase that the School Board has authorized for its employees. The increase is $549.85 annually to each Board member and in addition, the Board has authorized as allowed by Code a supplement for the chairman and vice-chairman. Supervisor Church asked if the $569.85 increase is weekly. Mr. Mahoney advised that the increase is annually. Supervisor Wray moved to approve the first reading and set the second reading and public hearing for June 28, 2005. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None 2First reading of ordinance amending and repealing Sections of . Chapter 18. Sewers and Sewage Disposal and of Chapter 22. Water of the Roanoke County Code. (Paul Mahoney, County Attorney) Mr. Mahoney advised that this is an unusual occurrence because citizens feel that the County is always adding laws but in this instance, he is asking to delete sixty plus pages of the County Code. This is being requested because the Western Virginia Water Authority (WVWA) was created and many of the water and sewer responsibilities were transferred to the Authority. At the same time that these provisions June 14, 2005 687 are being repealed, he is suggesting that the County Code be cleaned up to delete those things now regulated by the State Department, the Health Department or other agencies. He asked for the Board’s comments before the second reading regarding the provisions that deal with mandatory connections. The provision that applies for mandatory sewer connections refers solely to a distance of 300 feet from the sewer line while the water mandatory connection provision is tied to lot size, road frontage, and if the water line is in the street in front of the lot or in the easement adjoining the lot line. Staff feels that these two provisions are not linked in any rational way and would like to know if the Board wants staff to revise these two mandatory connection provisions so that they are better linked together with the comprehensive plan amendments adopted earlier this year or with the various zoning classifications. Mr. Mahoney advised that this is a lengthy ordinance and he has attempted in the Board report to explain or justify the recommendations for repealing each provision. There was no discussion. Supervisor McNamara moved to approve the first reading and set the second reading for June 28, 2005. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing the conveyance of easements to the Western Virginia Water Authority (WVWA) through property owned by the Roanoke County Board of June 14, 2005 688 Supervisors to provide for the extension of water service for the benefit of Radford Homes and the Mason’s Crest Subdivision, Cave Spring Magisterial District. (Pete Haislip, Director of Parks, Recreation & Tourism) O-061405-5 Mr. Haislip advised that this is the second reading and there have been no changes since the first reading. Supervisor Wray inquired about what has been done in the past when easements were requested. Mr. Haislip advised that if a private entity requested an easement, the County conducted a fair market value estimation and charged that amount to the requestor. The only time that the question of funding has come up is when it had to be decided if it was the responsibility of the WVWA or the County Utility Department. Supervisor Wray asked if the County had completed an exchange without requiring money from the requestor. Mr. Haislip advised that if this was done, it would be part of a rezoning consideration, a service agreement or some type of prior agreement. Supervisor Wray moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None June 14, 2005 689 ORDINANCE 061405-5 AUTHORIZING CONVEYANCE OF AN EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP NO. 97.01-2-13) TO PROVIDE FOR THE EXTENSION OF WATER SERVICE FOR THE DEVELOPMENT OF THE MASON’S CREST PROJECT BY RADFORD HOMES, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a parcel of land containing 14.2 acres off Merriman Road in the County of Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map No. 97.01-2-13; and, WHEREAS, Radford Homes and the Western Virginia Water Authority have requested the conveyance of an easement across this property to provide for the extension of water service for the development of the Mason’s Crest Project by Radford Homes; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including easements, shall be accomplished by ordinance; the first reading of this ordinance was held on May 24, 2005; and the second reading was held on June 14, 2005. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to the Western Virginia Water Authority for the extension of water service for the development of the Mason’s Crest project by Radford Homes. 2. That conveyance to the Western Virginia Water Authority of water easement as shown and described as “New 20’ Water Line Easement” (24,719 sq. ft.) on a plat entitled “Plat showing New 20’ Water Line Easement being granted by Roanoke County Board of Supervisors to the Western Virginia Water Authority Situated on Tax #97.01-2-13 (DB 1123, PG. 531) Cave Spring Magisterial District” prepared by Lumsden Associates, P. C., dated May 4, 2005, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts the payment of $6,441 as fair market value compensation for this easement and that this sum is appropriated to the Parks and Recreation Capital Maintenance Fund. 4. That the County Administrator, or any assistant county administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. June 14, 2005 690 On motion of Supervisor Wray to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None N RE: APPOINTMENTS I 1. Clean Valley Council Chairman Altizer advised that Dennis Harris is willing to serve an additional two-year term which will expire on June 30, 2007. It was the consensus of . the Board to place confirmation of this appointment on the consent agenda 2. Court Community Corrections Program Regional Community Criminal Justice Board There was a consensus of the Board to re-appoint Sheriff Gerald Holt for an additional two-year term which will expire on July 1, 2007, and place confirmation of this appointment on the consent agenda. 3. National Association of Counties Annual Conference Supervisor Wray advised that when the Board members spoke about the National Association of Counties (NACo) conference, no one else indicated their interest in attending. He advised that he represented the County at the conference last year and felt through networking, he gained valuable information which he brought back to the Board and others. Since that time, Supervisor Church has indicated his interest in attending the conference. Supervisor Wray advised that he no longer plans to attend the NACo conference. He suggested that in the future, the Board should decide whether or not to June 14, 2005 691 send representatives to this conference or any other conference. It also is his understanding that in the late 1970’s, the County Administrator, the Clerk, and members of the Board, attended the NACo conference in Hawaii so this is not the first time that this has occurred. He advised that having the Board decide on their representative would allow all Board members to publicly express their opinions. Supervisor Church advised that he would make comments at a different time in the meeting. Supervisor McNamara inquired if Supervisor Church should be appointed as the voting delegate, since he was going to attend the NACo conference. Supervisor Church advised that he would not accept or deny the nomination and he will make comments at a later time. There was no motion made and the Board did not appoint a voting delegate. 4. Roanoke Valley-Alleghany Regional Commission Metropolitan Planning Organization (MPO) There was a consensus of the Board to re-appoint Richard C. Flora and Joseph P. McNamara, elected representatives; and Michael A. Wray, alternate elected representative, for additional three-year terms which will expire June 30, 2008. It was the consensus of the Board to place confirmation of these appointments on the consent agenda. June 14, 2005 692 IN RE: CONSENT AGENDA R-061405-6; R-061405-6.b; R-061405-6.c; R-061405-6.e; R-061405-6.f; Supervisor McNamara moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None RESOLUTION 061405-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for June 14, 2005, 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. Approval of minutes – May 24, 2005 and June 7, 2005 2. Confirmation of committee appointments to the Clean Valley Council, Court Community Corrections Program Regional Community Criminal Justice Board, Parks and Recreation Advisory Commission, Roanoke Valley- Alleghany Regional Commission Metropolitan Planning Organization (MPO) 3. Resolutions of appreciation upon the retirements of the following individuals: (a) Brenda H. Smith, Treasurer’s Office, following thirty-two years of service (b) Clementine L. Cole, Circuit Court Clerk’s Office, following nineteen years of service 4. Request from schools to appropriate dual enrollment funds in the amount of $18,207.93 5. Request to accept a portion of Horseshoe Bend Road, Route 936, Vinton Magisterial District, into the Virginia Department of Transportation Secondary System 6. Request to accept Laurel Ridge Drive and a portion of Cortland Road into the Virginia Department of Transportation Secondary System 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. June 14, 2005 693 On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None RESOLUTION 061405-6.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF BRENDA H. SMITH, TREASURER’S OFFICE, AFTER THIRTY-TWO YEARS OF SERVICE WHEREAS, Brenda H. Smith was first employed by Roanoke County in the Treasurer’s Office on April 2, 1973, as an Account Clerk; and WHEREAS, Ms. Smith retired from Roanoke County on June 1, 2005, as the Chief Deputy in the Treasurer’s Office after thirty-two years and two months of service; and WHEREAS, Ms. Smith, through her 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, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to BRENDA H. SMITH 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 and productive retirement. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None RESOLUTION 061405-6.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF CLEMENTINE L. COLE, CIRCUIT COURT CLERK’S OFFICE, AFTER NINETEEN YEARS OF SERVICE WHEREAS, Clementine L. Cole was first employed by Roanoke County in the Circuit Court Clerk’s Office on October 17, 1986, as a Deputy Clerk; and WHEREAS, Ms. Cole retired from Roanoke County on June 1, 2005, after nineteen years and seven months of service; and WHEREAS, Ms. Cole was an outstanding and extremely dependable employee who exemplified the highest standards of positive public service; and WHEREAS, Ms. Cole, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. June 14, 2005 694 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County toCLEMENTINE L. COLE for more than nineteen years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None RESOLUTION 061405-6.e REQUESTING ACCEPTANCE OF A PORTION OF HORSESHOE BEND ROAD, RTE. 936, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form SR-5(A), fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street described on the attached Additions Form SR-5(A) to the Secondary System of State Highways, pursuant to Section 33.1- 229, Code of Virginia, and the Department’s Subdivision Street Requirements, 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 BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Moved by: Supervisor McNamara Seconded by: None Required Yeas: Supervisors McNamara, Church, Flora, Wray, Altizer Nays: None RESOLUTION 061405-6.f REQUESTING ACCEPTANCE OF LAUREL RIDGE DRIVE AND A PORTION OF CORTLAND ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition 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 June 14, 2005 695 WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, 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 Requirements, 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 BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. Moved by: Supervisor McNamara Seconded by: None Required Yeas: Supervisors McNamara, Church, Flora, Wray, Altizer Nays: None IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None Supervisor McNamara inquired about the status of the revenue projections for the current fiscal year. Mr. Hodge advised that the Board will be given updates of revenue projections for the current fiscal year each month beginning in July. 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency June 14, 2005 696 4. Future Capital Projects 5. Building Permit Activity Report for the month ended May 31, 2005 6. Jail Study Costs Report 7. Report from the Virginia Department of Transportation of changes to the secondary road system in April 2005 8. Statement of the Treasurer’s accountability per investment and portfolio policy as of May 31, 2005 N RE: REPORTS AND INQUIRIES OF BOARD MEMBERS I Supervisor Wray: (1) He expressed his condolences to the Hawthorne family on the tragic accident that happened this weekend. (2) He expressed his condolences to Chief Burch upon the loss of his father on June 11. (3) He asked if there is a completion date on the work being done on the Shelton house on Colony Drive in Green Valley. Mr. Hodge advised that he would obtain this information and report back. (4) He asked Mr. Mahoney if the transaction has been completed with Dr. Trout for purchase of the property for the storm water easement. Mr. Mahoney replied in the affirmative. (5) He requested information regarding the mud slides in Steeple Chase. Mr. Simpson advised that there has been a lot of activity but he has no specific information yet. Mr. Simpson advised that he will follow up and report back. (6) He advised that he gave Mr. Hodge a letter about rocks falling from the ledge on Route 220 and inquired if the process had been speeded up. Mr. Hodge advised that the Virginia Department of Transportation (VDOT) has included this in a regional study of areas with June 14, 2005 697 these problems and they will report back when the study is complete. (7) He inquired if there was any further information about reducing the speed limit on Buck Mountain Road below the Blue Ridge Parkway near the entrance to the new Faith Christian Schools development. Anthony Ford advised that VDOT conducted a study and found the existing speed limit to be appropriate. Mr. Ford advised that he has reiterated to VDOT that the County felt that with the increased residential use and accidents, the speed limit should be reviewed again. Supervisor Wray asked Mr. Hodge to have the area monitored for speed enforcement. (8) He asked Mr. Hodge about the status of work being done on Merriman Road past Chaparral Drive. Mr. Hodge advised that he will follow up on this and report back. (9) He asked Mr. Ford if there was any information on the speed limit on Starkey Road at Merriman Road where it says “End 35 zone” and past Plastics One and the residential area, the speed limit becomes 55. Mr. Ford advised that he sent notification of this concern today to VDOT and requested that it be investigated. Supervisor Church: (1) He advised that a recent news article about the Hawaii trip in his opinion, along with many others, was not a very fair one. He stated that he received just a few emails and the Clerk’s Office forwarded another two or three to all the Board members. He asked the Clerk to the Board to supply details for any upcoming trips for the remainder of this year including location, who is going, dates of departure and return, purpose of the trip, mode of transportation, and costs involved for elected officials and staff. He also advised that another issue resulting from the June 14, 2005 698 newspaper article was security of his property while he would be gone on the trip. He feels that specific dates should never be printed for public view until after the event has occurred. He advised that after further review, he is reversing his decision and going on record to advise the County that he will be paying for the entire trip including the fee for the convention. He advised that the Board members should consider doing this in the future for consistency and to have everything out in the open and the citizens can read before the trip is taken just as they did with the Hawaii trip. He also advised that the public should know that a request for travel information has been sent to the Administrator and the County Attorney under the Freedom of Information Act asking for details for several years and he is eager to see these results. He advised that he was hesitant about being a voting delegate nominee since he will be paying for this trip and while he does plan on attending some of the convention activities, he does not want everyone in the valley to know when he will be gone and when his house will be unprotected. (2) He expressed his condolences to Chief Rick Burch and also to the family of Ms. Hawthorne, a County citizen who was killed in an accident in Cave Spring. (3) He advised that he did not get a lot of calls on the recent event held in Green Hill Park and asked Mr. Haislip for a report. Supervisor Church reported that one citizen who called was concerned about the noise and stated that the event would not be over until 2 a.m. Supervisor Church noted that this was a misconception as the event actually ended around 10:30 p.m. or so. Mr. Haislip advised that the event ended at approximately 10:50 p.m. Supervisor Church suggested that for future events, there June 14, 2005 699 should be more pre-planning and he would like to hear feedback about the event. Mr. Haislip advised that the Parks and Recreation staff reviews all events and that the security staff and Police Department have advised that this was one of the best coordinated events they had worked of that size. He further stated that the event had in excess of 4,000 people at Green Hill Park and the department would like to schedule another event of this type sometime in the future. Supervisor Church asked staff to be conscious of the concerns that have been expressed by citizens. (4) He thanked Anthony Ford for his efforts regarding inquiries about speed limits in his area. He stated that he understands that they are not getting the hoped for results at this time but if they persist, hopefully, something that is not tragic will turn the tide. Supervisor Altizer : (1) He advised that the traffic study on Buck Mountain Road was mentioned earlier and he hopes that something positive comes from the letter that he sent on behalf of the Board to VDOT. He stated that there is something wrong with the system when a traffic study is requested that involves concerns relating to children who are waiting for school buses and police officers on the side of the road, and the response indicates that a deer crossing sign holds greater priority. He asked Mr. Ford to express the Board’s concerns to VDOT regarding this situation. IN RE: CLOSED MEETING At 4:30 p.m., Supervisor Altizer moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (30) discussion of the terms or scope of a public contract where discussion in open session would June 14, 2005 700 adversely effect the bargaining position or negotiating strategy of the County, namely an agreement with the City of Roanoke concerning regional fire and rescue service delivery; and (2) Section 2.-2-3711 A (3) discussion or consideration of the acquisition of real property for a public purpose, namely the Treasurer's tax lien auction. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None IN RE: CLOSED MEETING The closed meeting was held from 4:30 p.m. until 5:00 p.m. IN RE: CERTIFICATION RESOLUTION R-061405-7 At 5:00 p.m., Supervisor Altizer moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None RESOLUTION 061405-7 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: June 14, 2005 701 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora, Altizer NAYS: None th IN RE: WORK SESSIONS (4 Floor Conference Room) 1. Work session to discuss the criteria and process for selecting a site for the new South County Library. (Diane Hyatt, Chief Financial Officer, and Diana Rosapepe, Director of Libraries) The work session was held from 5:00 p.m. until 5:15 p.m. Staff present at the meeting included the following: Diane Hyatt, Chief Financial Officer, and Diana Rosapepe, Director of Libraries. Members of the Library Board present included: Josie Eyer, Sheryl L. Ricci, Lisa Boggess, and Phyllis Amos. Ms. Hyatt advised that the five-year Capital Improvement Plan (CIP) recently adopted included funding to begin the process of finding land for a new South County Library. They looked at sites consisting of more than five acres in one parcel in the South County area and came up with a list of 10 to 11 sites which they would like to review and rank according to the criteria given to the Board for this work session. She suggested that the review of the sites be done in coordination with the Library Board since there is a representative from each district on that Board. June 14, 2005 702 Ms. Rosapepe advised that staff and the Library Board tried to identify initial parcels of land over five acres and at this point, they want to apply some objective standards to rank the sites. The criteria and matrix for ranking the sites were discussed. Staff was directed to move forward with reviewing and ranking the sites and to bring this information back to the Board with their recommendations. At that time, the Board will schedule a work session and tour the sites. 2. Work session to provide an update on the Public Safety Building Project. (Elmer Hodge, County Administrator, and Dan O’Donnell, Assistant County Administrator) The work session was held from 5:15 p.m. until 5:45 p.m. Staff present at the meeting included the following: Elmer Hodge, County Administrator, and Dan O’Donnell, Assistant County Administrator. Also present was Warren Walker from the Construction Dynamics Group. Mr. O’Donnell updated the Board on the following items: (1) Change Order #003 which includes scope improvements of $176,812.70 and scope deductions of $111,187.73 for a total savings of $51,387 on the original contract cost limit. (2) The sewer line that runs between the School Administration Building and through the property must be replaced. This is a proposed change order which will probably exceed the $100,000 limit and will be brought to the Board for approval after negotiations are complete. June 14, 2005 703 (3) In order to get the proper sight distance for the entrance to be located at the driveway of the former Youth Haven II House, a small knoll on Cove Road will have to be flattened. Although there is no anticipated additional cost for this, there will be some disruption of traffic during the road reconstruction. (4) Redundant 911 service: The County will need to negotiate with Verizon to provide another path for 911 calls should the primary route be disconnected. The cost for this can come out of the E-911 funds and should not directly impact the Public Safety Building project’s contingency. Negotiation of this issue will be between the County and Verizon as a redundant 911 service is not in the scope of the agreement between the County and Northrop-Grumman. (5) There may be additional structural work beyond the original design due to unforeseen subsurface soil conditions. Construction Dynamics group is working with Northrop-Grumman to find the most cost effective solution for this problem but a change order may be required. Mr. O’ Donnell advised that staff will keep the Board informed concerning these items and that he will be bringing change orders for approval or requesting a closed meeting at the July 28, 2005 meeting. 3. Work session to provide an update on the Virginia Pollutant Discharge Elimination System (VPDES) – Phase II Permit and Roanoke County’s Stormwater Management Plan. (George June 14, 2005 704 Simpson, Assistant Director of Community Development, and Aaron Hofberg, Civil Engineer I) The work session was held from 6:15 p.m. until 7:00 p.m. Staff present at the meeting included the following: George Simpson, Assistant Director of Community Development, and Aaron Hofberg, Civil Engineer I. Mr. Hofberg presented a power-point presentation on the status of the VPDES. He advised that in Spring 2003, the County implemented a plan to meet the conditions of the VPDES Phase II permit which has a five-year term. The County began year three on April 28, 2005. The permit is outlined into six minimum control measures with individual best management practices (BMPs) for each which include: (1) Public education and outreach (2) Public participation and involvement (3) Illicit discharge detection and elimination (4) Construction site runoff control (5) Post construction stormwater management in new development and redevelopment and (6) Pollution prevention/good housekeeping. He updated the Board on each of these control measures and BMPs. Mr. Hofberg presented a power-point presentation on the Roanoke Valley Regional Stormwater Management Plan. Mr. Simpson advised that the overall focus of the plan is implementation of policies and procedures for mitigation of floods in the Roanoke Valley. Master plans were developed for the 16 priority watersheds covered in the study and Mr. Simpson provided an overview of the recommendations to minimize or eliminate flooding problems. June 14, 2005 705 4. Work session to discuss recommendations of revisions to the County’s Procurement Chapter 17 of the County Code. (Joe Obenshain, Senior Assistant County Attorney; Rebecca Owens, Director of Finance; and Don Karnes, Purchasing Manager) The work session was held from 7:00 p.m. until 7:15 p.m. Staff present at the meeting included the following: Joe Obenshain, Senior Assistant County Attorney; Rebecca Owens, Director of Finance; and Don Karnes, Purchasing Manager. The following staff from the Purchasing Department was also present: Pat Chockley, Kay Johnston, Jan Kilgore, and Marcha Powell. Ms. Owens advised that the Purchasing Department and the County Attorney’s Office have worked over the past several months to review the current Procurement Code as well as survey other localities regarding processes and procedures. She advised that the current County Procurement Code Chapter 17 was last updated in 1999 and staff is suggesting that the State Code be incorporated as the County’s Code with some exceptions on spending levels. Mr. Karnes advised that County staff has to comply with three documents which include the State Code, the County’s Procurement Code, and the procurement manual and he noted that these three documents are open to interpretation. Mr. Obenshain advised that the County adopted its own procurement code because at the time, the State Code was available to only a few localities. With the State Code being readily available on the internet at this time and because the County 706 June 14,2005 and State Codes are basically the same, staff is proposing that the County adopt the State Procurement Code with exceptions as well as update the policy and procedures manual. It was the consensus of the Board for staff to move forward and bring back the exact changes proposed in a briefing before proceeding with an ordinance. IN RE: ADJOURNMENT Chairman Altizer adjourned the meeting at 7:15 p.m. Submitted by: Approved by: &4/~a. () WL Brenda J. ~Iton, CMC Deputy Clerk to the Board ~J.J~ Jj. r1tu~ Michael W. Altizer Chairman