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HomeMy WebLinkAbout6/13/2006 - Regular June 13, 2006 477 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 June 13, 2006 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of June 2006. IN RE: CALL TO ORDER Chairman Wray called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael A. Wray; Vice-Chairman Joseph P. McNamara; Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Richard C. Flora MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Diane S. Childers, Clerk to the Board; Teresa Hamilton Hall, Public Information Officer; Mary V. Brandt, Office Support Specialist IN RE: OPENING CEREMONIES The invocation was given by Minister James Terry, Penn Forest Christian Church. The Pledge of Allegiance was recited by all present. 478 June 13, 2006 REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge requested the addition of new business Item E-2, request to approve a resolution of support for the Sheriff of Roanoke County to withdraw from the Cardinal Criminal Justice Training Academy Arnold Covey, Director of Community Development, introduced Tarek Moneir, Deputy Director of Development Services IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1: Certificate of recoanition to Roanoke County Police Department for receivina the Governor's Transportation Safety Award - Impaired Drivina Cateaorv Chairman Wray presented the certificate to Ray Lavinder, Chief of Police, and Sergeant Tim Wyatt. 2. Certificate of recoanition to Seraeant Tim Wyatt for receivina the Governor's Transportation Safety Award = Youth Safety Cateaorv Chairman Wray presented the certificate to Sergeant Wyatt. Also present was Ray Lavinder, Chief of Police. IN RE: June 13, 2006 479 IN RE: NEW BUSINESS 1: Adoption of ! resolution in support of the Virainia Department of Transportation (VDOT) Secondary Road Proiect. Colonial Avenue (Route 720), Cave Sprina Maaisterial District. (Anthonv Ford, Transportation Enaineerina Manaaer) R-061306-1 Mr. Ford advised that the Colonial Avenue, Route 720, road improvement project was placed in the Secondary Roads System Six-Year Improvement Plan approximately ten years ago and was priority number three in the recently approved fiscal years 2006-2012 plan. The purpose of this project is to bring a section of Colonial Avenue (from near the intersection at Penn Forest Boulevard, Route 687, to Electric Road, Route 419) up to current design standards and to replace the existing bridge over a branch of Mudlick Creek with a pipe. Mr. Ford further advised that VDOT held a design public hearing for this project on October 24, 2005. He reported that this was one of numerous meetings held between VDOT staff, Roanoke County staff, and interested citizens. Approximately thirty (30) people attended the October 2005 hearing, with many of those providing comments to VDOT staff. He added that VDOT staff feels that the project as submitted to the County, including the roundabout at the Penn Forest Boulevard and Colonial Avenue intersection, is the best possible design. 480 June 13, 2006 Mr. Ford reported that Colonial Avenue will be widened from its current 20 feet to 24 feet. The road will have shoulders that are eight feet wide, four feet of which will be paved and turn lanes will be added. He noted that a distinguishing feature of this project is the proposed roundabout at the intersection of Colonial Avenue and Penn Forest Boulevard. This traffic management feature was added subsequent to comments received during the design public hearing and should improve safety and traffic flow at this intersection. VDOT has advised that it may become necessary to temporarily close a section of Colonial Avenue and a section of Penn Forest Boulevard during the project. Mr. Ford advised that the anticipated schedule for the project is to begin right-of-way acquisition in late 2006, to advertise the request for construction bids in late 2008, and begin construction in spring 2009. VDOT estimates that the project will take approximately 18 months to complete. Mr. Ford stated that the total project cost is estimated at $5 million and will be paid for with state and federal funds. Mr. Ford advised that a resolution of support is necessary for VDOT to begin the next phase of the project. Supervisor Wray moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None June 13, 2006 481 RESOLUTION 061306-1 REQUESTING APPROVAL AND SUPPORT OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S PROJECT (0720-080-299, P-1 01, R-201, C-501) COLONIAL AVENUE (ROUTE 720) WHEREAS, the Virginia Department of Transportation held a design public hearing on October 24, 2005 for the purpose of soliciting public comments on the proposed improvements to Colonial Avenue (Route 720); and WHEREAS, the Virginia Department of Transportation feels they have adequately addressed the public comments as submitted to them for this project; and WHEREAS, the Board of Supervisors does hereby approve and support the improvements as proposed to Colonial Avenue (Route 720) as outlined in Roanoke County's Secondary Roads System Six-Year Improvement Plan for Fiscal Years 2006- 2012. NOW, THEREFORE, BE IT RESOLVED, that a certified copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation, Salem Residency Office, by the Clerk to the Board of Supervisors. Moved by: Supervisor Wray Seconded by: None Required Yeas: Supervisors McNamara, Church, Altizer, Flora, Wray Nays: None 2. Reauest to approve resolution supportina the withdrawal from the Cardinal Criminal Justice Trainina Academv (Elmer Hodae. County Administrator. and Gerald Holt. Sheriffl R-061306-2 Mr. Hodge advised that the County is a member of the Cardinal Criminal Justice Training Academy; however, this arrangement no longer meets the County's training needs. The need for change was presented to the Board during a work session in February 2006 and via subsequent updates. He advised that sanctions and penalties have recently been put into place by the General Assembly and at the committee level to make it more difficult for a member locality to withdraw from an academy. He 482 June 13, 2006 reported that due to these recent changes in procedure, he and Sheriff Holt feel that it is imperative to act before July 1, 2006, or it will be necessary for the County to wait another five years for the next opportunity to withdraw. Once the withdrawal has been approved by the academy board of directors, it will become effective on June 30, 2007. Mr. Hodge further advised that although the County has a long history of working with other localities on regional projects including the 800 MHz radio system, the regional fire and rescue training center, the joint firing and driving range with the City of Roanoke, the state forensics lab, and the recently established Western Virginia Regional Jail Authority; both he and Sheriff Holt felt that withdrawing from Cardinal Academy has become necessary to obtain the best training for County law enforcement personnel. Mr. Hodge reported that the Cardinal Academy is landlocked on a small parcel in a residential area bordered by a flood plain with very little room to expand, nor do they own a firearms range or a driver training facility. In the last five years, Roanoke County has constructed both. For these reasons, as well as the increased demands for training due to staffing requirements for the new regional jail and recent federal mandates for incident management, Cardinal Academy can no longer meet the County's training needs. Mr. Hodge reported that he and Sheriff Holt saw an opportunity to develop a new approach to training local law enforcement personnel and contacted Cardinal Academy to discuss options. Mr. Hodge advised that the County would like to develop a training faciity similar to the regional fire and rescue training June 13, 2006 483 academy at Kessler Mill; however, Cardinal Academy declined to participate in any discussions. He advised that shortly thereafter, he became aware that Cardinal Academy was working in Richmond to tighten restrictions to make it more difficult for the County to pursue other options. Mr. Hodge advised that the County Police Department withdrew from the Cardinal Academy several years ago and is free to contract with or join other academies. They have been training with the Roanoke City Police Academy which currently has plans to expand. He added that the Sheriff's Department would like to have the same status and flexibility as the Police Department in meeting departmental training needs. He advised that although the County has until October 2006, he would prefer to begin the process of withdrawing from the academy now to avoid the possibility of additional sanctions or penalties after July 1, 2006. He further advised that approval of this resolution was the first step. Sheriff Holt thanked the Board for its proactive stance regarding public safety. He advised the there were two issues: needs and opportunity. He stated that this is an opportunity for the Sheriff's Office to provide the best training possible for all of the deputy sheriffs. Supervisor Church inquired if waiting until October could have undesirable consequences for the County. Mr. Hodge responded that there could be additional restrictions implemented to prevent the County from taking action. Supervisor Church inquired if the Sheriff's Department was prepared for any unintended consequences to 484 June 13, 2006 the withdrawal request such as being asked to leave the academy immediately. Sheriff Holt reported that the County has paid the required dues and would remain a member of Cardinal Academy until June 2007; however, other options for training are available if necessary. Supervisor Altizer inquired what course of action Sheriff Holt thought would be best for his department and County citizens. Sheriff Holt responded that the best option would be to withdraw from the academy and move forward with a new academy. Supervisor Altizer inquired what effect forming a new academy would have in terms of cost effectiveness and flexibility. Sheriff Holt replied that a new academy would give the department greater flexibility which would be cost effective. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 061306-2 OF SUPPORT FOR THE SHERIFF OF ROANOKE COUNTY TO WITHDRAW FROM THE CARDINAL CRIMINAL JUSTICE TRAINING ACADEMY WHEREAS, the Sheriff of Roanoke County has expressed his intention to withdraw the Roanoke County Sheriff's Office from membership in the Cardinal Criminal Justice Training Academy; and WHEREAS, the Roanoke County Police Department previously withdrew from membership in the Cardinal Criminal Justice Training Academy in June, 2001; and WHEREAS, Section 15.2-1747.0 of the Code of Virginia, 1950, as amended, provides that any governmental unit may withdraw from an academy created under this section or Section 15.2-1300 upon a two-thirds vote of the board of directors of the academy, and that a governmental unit seeking to withdraw shall signify its desire by June 13, 2006 485 resolution or ordinance, and that the board of directors shall consider requests to withdraw in October 2001 and in October of every fifth year thereafter; and WHEREAS, Roanoke County is exploring the opportunities to form an independent training academy, or change its membership to another regional training academy, or affiliate with another training academy through a satellite agreement, or create a new regional academy to serve the needs of the Roanoke region; and WHEREAS, supporting the intention of the Roanoke County Sheriff to withdraw from the Cardinal Criminal Justice Training Academy will better serve the criminal justice needs and interests of the citizens of Roanoke County. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That it supports the desire and intention of the Roanoke County Sheriff to withdraw from membership in the Cardinal Criminal Justice Training Academy. 2. That if Roanoke County is deemed by the board of directors of the Cardinal Criminal Justice Training Academy, the Department of Criminal Justice Services, or a court of competent jurisdiction to be the "governmental unit" that is a member of the Cardinal Criminal Justice Training Academy, that the Board of Supervisors ratifies, reaffirms and confirms its previous withdrawal from said academy. 3. That it commends the board of directors of the Cardinal Criminal Justice Training Academy to approve this request by the Roanoke County Sheriff to withdraw from membership in said academy in the spirit of comity and goodwill and in recognition of the constitutional independence of elected sheriffs in the Commonwealth of Virginia. 4. That the Clerk to the Board is directed to send a copy of this resolution to each member jurisdiction of the Cardinal Criminal Justice Training Academy and the Criminal Justice Services Board. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: FIRST READING OF ORDINANCES 1. First readina of an ordinance aDDrovina ! lease for aaraae DurDoses from Adams Realty. LLC. located at 900 Carolina Avenue. Salem. Virainia. (Anne Marie Green. Director of General Services) 0-061306-3 486 June 13,2006 Ms. Green advised that during budget presentations, staff had discussed garage space and staffing issues with the Board. She reported that the County garage services 491 County vehicles and 219 vehicles for the Western Virginia Water Authority ryvvwA). According to a report prepared for General Services by Chatham Consulting in December 2005, the garage facility and staff are very stressed. A larger facility and more staff are necessary to adequately service the number of vehicles in the two fleets currently serviced by the garage. Ms. Green advised that the best solution is to utilize a satellite facility until a new, larger facility can be built. A suitable building in Salem on Carolina Avenue has been found. She reported that this facility has the necessary square footage and is currently available. She advised that the proposed use for this satellite facility will be performing preventive maintenance which will free the original facility for heavy repairs. This plan will increase efficiency and revenues. She advised that although additional staff will be required, funds are available in the General Services budget. Ms. Green asked the Board to waive the second reading of the ordinance and approve the lease so that action could be taken immediately. Supervisor Altizer inquired if the County had a service contract for the WVWA fleet. Ms. Green advised that the WVWA is willing to enter into a contract with the County for fleet services. Supervisor Altizer inquired how many vehicles are serviced per day at the current facility and asked Ms. Green to provide him with the figures. June 13, 2006 487 Supervisor Church noted that approximately $50,000 would be spent outfitting the satellite facility prior to use and asked how much of this could be reused at the new facility. Ms. Green responded that most of the equipment to be installed would be reused at the new facility. She added that this would be written into the lease. Supervisor Church asked if there was an option to purchase this facility. Ms. Green reported that an option to purchase was not available and that a new, larger facility is needed. Supervisor Wray inquired how the two facilties would be managed. Ms. Green advised that due to the proximity of the facilities, the fleet manager would be able to travel between the two locations. Chairman Wray requested confirmation that a four-fifths vote was required to waive the second reading and adopt the ordinance. Mr. Mahoney responded affi rmatively. Supervisor Altizer moved to approve the first reading, waive the second reading, and adopt the ordinance as an emergency measure. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 488 June 13, 2006 ORDINANCE 061306-3 APPROVING A LEASE FOR GARAGE PURPOSES FROM ADAMS REALTY, LLC, LOCATED AT 900 CAROLINA AVENUE, SALEM, VA WHEREAS, the County of Roanoke seeks to rent a facility for garage purposes located at 900 Carolina Avenue, Salem, VA on property owned by Adams Realty, LLC, clo Roger Turner; and, WHEREAS, this lease is for a period of one year commencing July 1, 2006 and terminating June 30, 2007, with an option to renew for an additional one year term and thereafter on a month to month basis; and WHEREAS, the first reading on this ordinance was held on June 13, 2006; and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the lease of a garage facility from Adams Realty, LLC consisting of 2880 square feet for an initial term effective as of July 1, 2006, through June 30, 2007, with an option to renew for an additional one year term and thereafter on a month to month basis, at an annual rental of Sixteen Thousand Two Hundred Dollars ($16,200) is hereby authorized and approved. 2. That the rent payment shall be paid from the garage budget. 3. That the County Administrator or any Assistant County Administrator is authorized to execute this lease on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Altizer to approve the first reading, waive the second reading, and adopt the ordinance as an emergency measure, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 2. First readina of an ordinance approvina ! lease aareement for the Tinker Mountain tower site. (Anne Marie Green. Director of General Services) Ms. Green advised that the County owns or rents several sites around the Roanoke Valley for the purpose of maintaining towers and antennae for its public safety June 13, 2006 489 radio communications system. The tower sites are part of a regional system that also serves the City of Roanoke and the Town of Vinton. She reported that one of the tower sites is on Tinker Mountain in Botetourt County, on property owned by Lee C. Hartman, Jr. This site, which has been used by the County for over a decade, is important for reaching certain parts of the Valley and also helps to provide back-up capabilities for the system. Ms. Green further advised that the County is currently paying Mr. Hartman $3,400 rent per year based on a lease which expires on June 30, 2006. Staff has negotiated a new four-year lease with Mr. Hartman beginning July 1, 2006, at a rate of $3,500 per year for the first year. She added that the rent increases by 5 percent each year thereafter for a rate of $3,675 in 2007; $3,858 in 2008; and $4,050 in 2009. The total cost of this lease over the next four years is $15,083 and funding is available in the E-911 maintenance account. There was no discussion on this item. Supervisor Wray moved to approve the first reading and set the second reading for June 27,2006. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 490 June 13, 2006 3. First readina of an ordinance authorizina the vacation of ! sloDe easement located on Lot 21 shown on the Plat of Lost Mountain Subdivision. Cave SDrina Maaisterial District. (Arnold Covey. Director of Community DeveloDment) Mr. Covey advised that the petitioner, Charles S. Palmer of C.F.G. Corporation, has requested a vacation of the slope easement on Lot 21 of the Lost Mountain Subdivision. This easement currently prohibits placement of a septic system on the lot suitable for a three-bedroom house. Mr. Covey reported that there are no adjoining landowners or other persons that will be affected by this action, and there are no existing utilities present within the easement. He added that VDOT has been notified of the vacation of this slope easement and has no objections, and staff recommends approval. There was no discussion on this item. Supervisor Wray moved to approve the first reading and set the second reading and public hearing for June 27, 2006. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Church, Altizer, Flora, Wray None June 13, 2006 491 4. First readina of an ordinance to increase the salaries of the members of the Board of SUDervisors of Roanoke County Dursuant to Section 3.07 of the Roanoke County Charter and Section 15.2-1414.3 of the Code of Virainia. (Paul M. Mahonev. County Attornev) Mr. Mahoney advised this is a first reading of an ordinance to increase the salaries of the Board of Supervisors. This action is taken under State Code and County Charter by ordinance after a public hearing. He reported that the public hearing and second reading is scheduled for June 27, 2006. The four percent increase is similar to the increase other County employees will receive, he added that this raise will increase each Board member's annual salary by $592.64. There is additional annual compensaton for the Chairman of $1,800 and for the Vice-Chairman of $1,200. In response to an inquiry by Supervisor Church, Mr. Mahoney advised that the raise would cost the taxpayers approximately $3,000 annually or $10 weekly. Supervisor McNamara moved to approve the first reading and set the second reading and public hearing for June 27, 2006. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 492 June 13, 2006 5. First readina of an ordinance amendina Section 21-156. TiDS and Service Charaes of ChaDter 21. Taxation. of the Roanoke County Code excludina aratuities or service charaes on meals from the assessment of the meals tax. (Paul M. Mahoney. County Attorney) Mr. Mahoney advised that this ordinance was a housekeeping measure to align County Code with recent state legislation passed to clarify when tips and gratuities could be included in the meals tax calculation, and he reported that the second reading of the ordinance would be held on June 27, 2006, and would then go into effect when the state legislation is enacted on July 1, 2006. Supervisor Flora inquired if tips in excess of 20 percent would be taxable, and Mr. Mahoney responded in the affirmative. Mr. Mahoney advised that the motivation behind the bill was to target the automatic service charge frequently added to a bill when large groups of individuals are involved. Senator Watkins, the patron of this legislation, wanted to exclude tips and gratuities that were under 20 percent. Supervisor Wray noted that this ordinance would not apply in most cases. Supervisor McNamara advised that the tax code is incredibly complex. He added that this tax fails two of the four canons of taxation developed by Adam Smith during the 18th century. The first is ease of collection and the costs associated with collection and the second is certainty of collection which is not possible with this tax. He added that a tip is not a meal and should not be taxed as such. He advised that no June 13,2006 493 other services are taxed in a similar manner by the state. Supervisor Flora commented that tips are income and are taxed by the Internal Revenue Service and by the State; however, Virginia is a Dillon Rule state, and localities are required to conform with state legislation. Supervisor Wray moved to approve the first reading and set the second reading for June 27, 2006. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: APPOINTMENTS .L Parks. Recreation. and Tourism Advisory Commission (Appointed ~ District) Chairman Wray advised that the three-year term of Robert List, Catawba Magisterial District, will expire on June 30, 2006, and that Mr. List has advised that he does not wish to serve an additional term. Supervisor Church advised that he has made arrangements to replace Mr. List but that the arrangements have not yet been finalized. Chairman Wray further advised that Mr. Terry Harrington, Hollins Magisterial District, resigned from the Commission on May 18, 2006. Mr. Harrington's three-year term will expire on August 30, 2007. Supervisor Flora advised that he had a possible appointment and requested that Pete Haislip, Director of Parks, Recreation, 494 June 13, 2006 and Tourism, provide him with information on the committee for the citizen who is interested. 2. Roanoke Vallev-Alleahanv Reaional Commission Chairman Wray advised that the three-year term of Lee Osborne will expire on June 30, 2006, and that this appointment would be discussed during the closed session. 3. Virainia Western Community Colleae Board Chairman Wray advised that the four-year term of Joseph C. "Joe" Thomas, Sr., will expire on June 30, 2006, and that this appointment would be discussed during the closed session. Supervisor Church advised that he had reported at the May 23 meeting that he had asked Mr. Thomas to serve an additional term after discussons with Mr. Thomas and Dr. Robert Sandel, President of Virginia Western Community College, and that Mr. Thomas had accepted the appointment. He added that this was duly noted on the action agenda for the meeting distributed the next day. Supervisor Church further advised that, although he understood this was not a district appointment, he had asked Mr. Thomas to accept the reappointment in good faith and that Mr. Thomas had accepted. Therefore, he was surprised to find the appointment included in the closed session for today's meeting rather than on the consent agenda for confirmation as he had requested. Supervisor Church read a brief statement from Dr. Sandel in support of Mr. Thomas' reappointment. He stated that Mr. Thomas is a highly valued member of June 13,2006 495 the community and a former Supervisor. Furthermore, he believed it would be a grave mistake not to take Dr. Sandel's recommendation. He added that he saw no need for this appointment to be discussed in closed session and apologized to Mr. Thomas for this delay in his reappointment. Chairman Wray advised that inclusion of this appointment for discussion during closed session was in no way a reflection on Mr. Thomas and that Mr. Thomas's past service on the Board was not in question. He added that Mr. Thomas had served the Roanoke Valley well for many years. Supervisor McNamara suggested that the Board discuss the appointment in closed session as scheduled and take action with respect to this appointment following the closed session. Chairman Wray inquired if taking action following the closed session would be procedurally correct. Mr. Mahoney responded affirmatively. There was a consensus of the Board to discuss this appointment in closed session and take action thereafter. 4. Virainia's First Reaionallndustrial Facility Authority Chairman Wray advised that the four-year terms of Richard C. Flora and Joseph B. "Butch" Church, alternate member, will expire on June 30, 2006. The two-year terms of Doug Chittum and Jill Loope, alternate member, will expire on June 30, 2006. He stated that these appointments would be discussed during the closed session. 496 June 13, 2006 IN RE: CONSENT AGENDA R-061306-4; R-061306-4.a; R-061306-4.c Supervisor Altizer moved to adopt the consent resolution with Item 9 removed. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 061306-4 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 June 13, 2006, 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 9, inclusive, as follows: 1. Approval of minutes - May 23, 2006 2. Resolution of appreciation to Nancy S. MacKechnie, Library Services, upon her retirement after five years of service 3. Request from the schools to appropriate funds totaling $35,933.99 4. Acceptance of a portion of Wilson Mountain Road, Route 819, Cave Spring Magisterial District, into the Virginia Department of Transportation secondary system 5. Request to accept the donation of an approximately 20 foot drainage easement across property of Flora L. Ogden and Jerry W. Ogden, Cave Spring Magisterial District 6. Request to appropriate $56,092.05 to the Clerk of the Circuit Court from the state for fiscal year 2005-2006 7. Request to renew a contract to provide Commonwealth's Attorney services to the Town of Vinton for $6,000 and appropriation of funds for 2006-2007 8. Request from the Police Department to accept and appropriate a Division of Motor Vehicle Mini-Grant in the amount of $3,000 9. Ratifioation of the 3ppointment of Dr. Lorr3ine Lange, Superintendent of Roanoke County Schools, to the Community Polioy and M3nagement Team (CPMT) June 13, 2006 497 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 061306-4.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO NANCY S. MACKECHNIE, LIBRARY SERVICES, UPON HER RETIREMENT AFTER FIVE YEARS OF SERVICE WHEREAS, Nancy S. MacKechnie was first employed by Roanoke County on April 2, 2001, as Hollins Branch Librarian; and WHEREAS, during her tenure as Branch Librarian, Ms. MacKechnie demonstrated the highest standards of professionalism and positive customer service; and WHEREAS, Ms. MacKechnie also acted as both mentor and leader to her staff, encouraging them to meet and surpass citizens' expectations of service, to provide a diverse collection of materials, to create interesting and content-rich courses in public instruction, and to be an information resource to the community; and, WHEREAS, Ms. MacKechnie's actions and those of her staff earned the respect, affection, and appreciation of citizens, businesses, and colleagues; and WHEREAS, Ms. MacKechnie oversaw the extensive reorganization and refurbishment of the Hollins Branch Library, demonstrating care and thoughtful decision-making, which helped to restore the library to a bright and appealing environment for patrons; and, WHEREAS, Ms. MacKechnie retired from Roanoke County on June 1, 2006, after five years and two months of service; and WHEREAS, Ms. MacKechnie, 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 expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to NANCY S. MACKECHNIE for more than five 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 498 June 13, 2006 RESOLUTION 061306-4.c REQUESTING ACCEPTANCE OF A PORTION OF WILSON MOUNTAIN ROAD, ROUTE 819, CAVE SPRING MAGISTERIAL DISTRICT, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form LA-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 LA-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 Residency Administrator for the Virginia Department of Transportation. Moved by: Supervisor Altizer Seconded by: None Required Yeas: Supervisors McNamara, Church, Altizer, Flora, Wray 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, Altizer, Flora, Wray NAYS: None 1: General Fund Unaoorooriated Balance 2. Caoital Reserves 3. Reserve for Board Continaencv 4. Future Debt Payment Reserve June 13, 2006 499 IN RE: 5. Statement of Treasurer's accountability per investment and of Mav 31. 2006 6. Proclamation sianed ~ the Chairman REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Flora: (1) He requested that Mr. Hodge inform Chief Richard Burch, Fire and Rescue, of his appreciation for the services his department offers to neighboring localities. (2) He congratulated all the recent graduates. (3) He congratulated his daughter on receiving an internship in Congressman Goodlatte's office. Supervisor McNamara: (1) He advised that the changes to the County meals tax due to recent State legislation will be difficult to administer and enforce. (2) He complimented Anthony Ford on his performance and his relationship with VDOT. (3) He thanked Chairman Wray and Mr. Ford for their work on the Colonial Avenue Road project. (4) He asked Mr. Hodge to provide a brief update on gypsy moth issues. Mr. Hodge advised that the County has received several calls regarding gypsy moth infestations. He reported that there is a federal spraying program administered by the VPI extension service and there are several criteria that must be met for inclusion in the program. The County did not qualify last year or this year, and there are currently no funds available in the program. Mr. Hodge added that the spraying has to occur at a certain time of year to be effective; however, the VPI extension office advised that while unsightly, the infestation should not kill the trees. The primary infestation this year is on 500 June 13, 2006 Bent Mountain; and if the situation continues, the County should qualify for the spraying program next year. It is not possible for the County to do the spraying for several reasons, with the primary reason being liability issues. Supervisor Church: (1) He reported that Mr. Huff who lives at the Richfield complex is working with Chairman Wray and Bill Benninger, Director of Grade Crossings at Norfolk Southern, to try to improve the train whistle situation in his neighborhood and that Mr. Huff has been pursuing a solution to night whistle blowing at crossings for seven years. (2) He congratulated the recent graduates and advised parents coping with children on summer vacation to "hang in there-it will get better." (3) He congratulated Aaron Eckstein on winning the Roanoke Valley Golf Hall of Fame Tournament and advised that Mr. Eckstein attends Salem High School and is a very good golfer. Supervisor Altizer: (1) He offered congratulations to the new graduates and to the graduates of William Byrd High School in particular. (2) He reported that the Mount Pleasant Library picnic was a success and that 65 families attended the event. (3) He reported that since the Board increased the hours at the Mount Pleasant Library, usage has increased 45 percent. He thanked the Board for their support. Supervisor Wrav: (1) He advised that the Board also increased the hours at the Bent Mountain Library. (2) He thanked Anthony Ford for his work on the Springlawn Avenue traffic situation. (3) He thanked Arnold Covey and the Community Development Department for their work with County citizens and for their good working June 13, 2006 501 relationship with VDOT. (4) He congratulated the new graduates, adding that some of the new graduates were now interning at Norfolk Southern. (5) He advised Mr. Huff that Norfolk Southern receives many calls about train whistle blowing at crossings and that the company is working to find a solution while taking into consideration federal laws. IN RE: CLOSED MEETING At 6:25 p.m., Supervisor Wray moved to go into closed meeting pursuant to the Code of Virginia Section 2.2-3711 A (30) discussion regarding the terms and scope of a public contract where discussion in open session would adversely affect the bargaining position or negotiating strategy of the County, namely an agreement with the County School Board of Roanoke County and the Art Museum of Western Virginia; Section 2.2-3711 A (1) discussion or consideration of the appointment of specific public officers, namely appointments to the Roanoke Valley-Alleghany Regional Commission, Virginia Western Community College Board, and Virginia's First Regional Industrial Facility Authority; Section 2.2-3711 A (3) discussion or consideration of the acquisition of real property for public purposes; and Section 2.2-3711 A (1) discussion or consideration of the performance of specific public officers, namely performance evaluations of the County Administrator and County Attorney. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None The closed meeting was held from 6:25 p.m. until 8:28 p.m. 502 June 13, 2006 IN RE: WORK SESSIONS 1. Work session to discuss orooosed revisions to the County's Procurement Chaoter 17 of the County Code. (Rebecca Owens, Director of Finance) The work session was held from 5:05 p.m. until 5:35 p.m. Ms. Owens thanked the staff that worked on this project including Don Karnes, Pat Chockley, Marcha Powell, Jan Kilgore, and Joe Obenshain. Ms. Owens began with a brief synopsis of current purchasing policies, procedures, and spending levels. She reported that the County Procurement Code had not been updated since 1999; and needed to be revised to meet the State Code as a result of state mandates and legislative changes. She advised that although the department can meet its work load with current staffing levels, additional staff will be needed in the future if spending levels are not changed to reflect current dollar values. Ms. Owens reviewed the controls in place to prevent abuse of the system and stressed that training would be a key component of the new procedure. She added that the accounting staff audits purchasing cards logs and conducts random audits of purchases and delegations of authority. Ms. Owens reviewed the recommended spending levels and added that the County's external auditor, KPMG, and school staff have reviewed and approved these recommendations. Don Karnes reviewed the recommended changes in spending levels for requests for quotes (RFQ) for professional and non-professional services as well as the June 13, 2006 503 various types of bids. Supervisor McNamara inquired if there was a procedure in place to prevent favoritism in the bidding process. Mr. Karnes responded that the procedure was different for each type of RFQ or bid and whether RFQ or bid was for professional services, non-professional services, or goods. Mr. Karnes advised that although the changes being recommended follow the State Code in most instances, there were a few differences including the modification of contracts, performance and payment bonds, use of value engineering, and contract awards in general. In each of these cases, the recommended changes will have somewhat stricter limits as compared to the State Code. Mr. Obenshain summarized the recommended changes in the County Procurement Codes as follows: (1) incorporate the provisions of the Virginia Public Procurement Act (VPPA) as the County Procurement Code and allow it to serve as the County's code document; (2) replace Chapter 17-County Procurement Code with the revised version which implements the legal authority granted to Roanoke County; and (3) update the Policy and Procedure Manual reflecting the VPPA, purchasing levels, and exceptions/differences as approved by the Board. Mr. Obenshain advised that incorporating the provisions of the VPPA into the County Procurement Code would make it easier for citizens and vendors to do business with the County. He noted that this is similar to what other localities have done. It was the consesus of the Board to move forward with the recommended changes. 504 June 13, 2006 2. Work session to discuss incentive proaram for the volunteer firefiahters and EMS providers. (John M. Chambliss. Assistant Countv Administrator: Rebecca Owens. Director of Finance: and Leon Martin. LOSAP Board Chair) The work session was held from 5:35 p.m. until 6:00 p.m. The following individuals from the LOSAP Board were present at the meeting: Leon Martin, Chair; Colin Gee, Fire Chiefs Member Representative; Mike Gee, Vice-Chair and Volunteer Fire Representative; Sonya Stump, Rescue Chiefs Representative; Jennifer Conley-Sexton, Fire and Rescue Advisory Member; and Robert Jernigan, Roanoke County representative. Ms. Owens advised that at the work session held on February 28, the LOSAP Board of Trustees had identified concerns about the existing retirement program and recommended that the existing program be frozen as of December 31, 2005, and a new program be created to reward current and future volunteers with an annual bonus for meeting minimum service requirements. She reported that the proposed name for this new program is Volunteer Incentive Program (VIP) and a master plan for the program has been developed. In order to qualify for the bonus, volunteers must accumulate 80 points per year based on response to calls, training, attendance at meetings, and certifications. These points must then be verified by the volunteer chief prior to payment being made. June 13, 2006 505 Ms. Conley Sexton reported that, if approved, the new plan will be communicated to the fire and rescue volunteers via a PowerPoint presentation. In addition, a member of the LOSAPNIP Board of Trustees will visit each volunteer organization and present the VIP program. She added that all fire and rescue recruiting materials and the website will be updated with the new program information. The targeted rollout is July 2006. Ms. Owens reported that $200,000 is budgeted each year for the existing plan; and in 2006-2007, there is an additional appropriation of $58,000. She advised that $108,000 will be applied to the existing program and the remaining $150,000 will be used to fund the new program. If, at the end of the year, there are left over funds in the new program, these excess funds would be used to make a payment on the unfunded $2.5 million liability in the existing program. If there is a year when the number of volunteers is greater than the existing funds can support at the full bonus level, then the funds would be divided equally among the volunteers. Ms. Owens advised that Chief Richard Burch, Fire and Rescue, had reviewed the program and gave it his support. After a general discussion of the programs details, it was the consensus of the Board that staff would bring this back for formal action at the June 27 Board meeting. 3. Work session to discuss recvclina. (Nancv Duval. Solid Waste Manaar. General Services) The work session was held from 6:00 p.m. until 6:10 p.m. 506 June 13, 2006 Mr. Hodge gave a brief overview of the proposed recycling program developed by General Services at the request of the Board. Ms. Duval reported that the County had a recycling program but that the Board voted to discontinue it in the late 1990's due to the cost of the program. She advised that many neighboring localities have recycling programs, and she outline the services provided by each locality. Ms. Duval advised that the County currently has two drop off sites for recycling. The first is a drop off trailer located at Hollins University and the second is at the Roanoke Valley Resource Authority Transfer Station. Citizens can also take recyclables to the community drop off at Cycle Systems. There is no cost to citizens to use these drop off sites. Ms. Duval reported that the most cost effective method for recycling would be using trailers at drop off sites at schools, libraries, and/or fire stations. The start-up costs would include the purchase of the trailers and a three-quarter ton pick-up truck. Depending on the number of drop off sites, additional staff may be needed as well. She further advised that the other alternative would be to enter into a contract with Cycle Systems to provide a recycling service which would cost $75 for each load hauled with an additional expense for trailers. Mr. Hodge inquired if it would be possible to make a profit through the use of alternative methods of disposing of recyclables, and Supervisor McNamara suggested that staff research alternative methods of recycling that would be more cost and energy efficient. June 13, 2006 507 After a general discussion, it was the consensus of the Board that a pilot program be implemented in the Cave Spring District and that the program should be reviewed during the next budget cycle. IN RE: CERTIFICATION RESOLUTION R-061306-5 At 8:28 p.m., Supervisor Flora moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 061306-5 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 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 508 June 13, 2006 IN RE: CONFIRMATION OF APPOINTMENTS .L Confirmation of committee appointments to the Roanoke Vallev- Alleaahanv Reaional Commission. Virainia Western Community Colleae Board. and Virainia's First Reaional Industrial Facility Authority . Supervisor Altizer moved to confirm the following appointments: (1) Lee Osborne to serve an additional three-year term on the Roanoke Valley-Alleghany Regional Commission that will expire on June 30, 2009; (2) Joseph C. "Joe" Thomas, Sr. to serve an additional four-year term on the Virginia Western Community College Board that will expire on June 30, 2010; (3) Richard C. Flora and Joseph B. "Butch" Church, alternate member, to serve additional four-year terms on the Virginia's First Regional Industrial Facility Authority that will expire on June 30, 2010; and (4) Doug Chittum and Jill Loope, alternate member, to serve additional two-year terms on the Virginia's First Regional Industrial Facility Authority that will expire on June 30, 2008. The motion was carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: ADJOURNMENT Supervisor McNamara moved to adjourn the meeting at 8:35 p.m. The motion was carried by the following recorded vote: June 13, 2006 509 AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None Submitted by: M~r!! ~- Acting Clerk to the Board Approved by: \. -(Y\~Q.W~ Michael A. Wray Chairman 510 June 13, 2006 (This page left intentionally blank)