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HomeMy WebLinkAbout4/10/2007 - Regular April 10, 2007 319 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 April 1 0, 2007 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the first Tuesday and the first regularly scheduled meeting of the month of April, 2007. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph P. McNamara, Vice-Chairman Richard C. Flora, Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Michael A. Wray MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Joseph B. Obenshain, Senior Assistant County Attorney; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Brenda J. Holton, Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer INRE: OPENING CEREMONIES The invocation was given by Dr. Maurita Wiggins, Valley Community Church. The Pledge of Allegiance was recited by all present. 320 April 10, 2007 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1: Proclamation declarina April ~ throuah 14. 2007. as National Public Safety Telecommunicators Week in Roanoke County Chairman McNamara presented the proclamation to Chief of Police Ray Lavinder; Assistant Chief Terrell Holbrook, and the following representatives from the Communications Division of the Police Department: Communications Officer Christy Gorth, Communications Officer Roy Davis, Communications Officer April Payne, Communications Officer Kellie Brain, and Communications Chief Training Officer Emily Totten. Assistant Chief Holbrook advised that an example of the outstanding work performed by the communications officers was when Communications Officer Gorth provided guidance by telephone on March 21 to Mrs. Lorna Wanner as she delivered her daughter at home by herself. He advised that Mrs. Wanner, her infant daughter Hannah Danielle, and her three other children were present at the meeting. Each of the Board members expressed their appreciation to the members of the Communications Division for their efforts to assist citizens. 2. Recoanition of the Roanoke Valley leaislators for their assistance durina the 2007 Session of the Virainia General Assembly Mr. Hodge advised that the Board wanted to recognize and thank the Roanoke Valley legislators for their outstanding work on behalf of the citizens during the 2007 session of the Virginia General Assembly. He advised that the General Assembly April 1 0, 2007 321 process has become a full-time effort for both the localities and legislators and their assistance and teamwork were appreciated. He introduced Delegates William Fralin and Morgan Griffith and Senators Brandon Bell and John Edwards, and he advised that Delegate Onzlee Ware was unable to attend due to illness. He advised that Sheriff Gerald Holt, Chief of Police Lavinder, and Josh Myers, Legislative Assistant for Delegate Griffith, were also present. Mr. Hodge advised that the Board members and staff worked well with the legislators this year, and this relationship is important because government is an on going process whether at the local or state level and the legislators need to be informed about the County's needs and priorities. He advised that the legislators have the respect of their fellow legislators throughout the State which gives them the ability to network on issues. He advised that the legislators worked diligently and used diplomacy to work through the difficult and sensitive issues of securing a police training academy for the County, funding for cultural agencies, and support for education. Each of the Board members, Sheriff Holt, and Chief Lavinder made comments expressing their admiration, appreciation and gratitude to the legislators for their assistance. Supervisor Altizer advised that he appreciated very much the efforts that were made to secure the funding for Explore Park. Each of the legislators extended their appreciation to the Board members for acknowledging their efforts. Delegate Griffith advised that an issue of concern for the County now and in the future is the moratorium on annexation which will expire in 2010. He reported that 322 April 10, 2007 there were two attacks on the moratorium in the General Assembly this year which were defeated and advised that Governor Kaine vetoed a bill that would extend the moratorium. He suggested that the County start working on this issue with the Virginia Association of Counties (VACo). Supervisor Altizer thanked Delegate Griffith for his warning on the annexation issue which is very important to the County and advised that this subject should be addressed well in advance of the expiration date of 2010. 3. Certificate of recoanition to Arthur M. Whittaker. Sr.. for twelve years of service on the Roanoke Reaional Airport Commission Chairman McNamara presented the certificate of recognition to Mr. Whittaker. The Board members and Chairman Jay Turner, Roanoke Regional Airport Commission, expressed appreciation to Mr. Whittaker for his many years of service to the County and the Airport Commission. IN RE: NEW BUSINESS .L Reauest to adopt resolution supportina the utilization of industrial access railroad track funds for Phase !! of the Mennel Millina Company proiect. (Doua Chittum. Director of Economic Development) R-041 007-1 Mr. Chittum advised that staff is requesting that the Board adopt a resolution supporting the utilization of industrial access railroad track funds for Phase II of the Mennel Milling Company project on Benois Road in Southwest County. He April 10, 2007 323 advised that the Board adopted a similar resolution on April 11, 2006, in support of Phase I of the Mennel Milling Company project. He reported that a resolution of support is required to be adopted by the local governing body to complete an application for state rail funding. He advised that no matching County funds are necessary and that $450,000 is being requested from state funds. He advised that in every locality, businesses can apply each year for rail access funding with the maximum being $450,000. He advised that the Department of Rail and Public Transportation has allowed Mennel Milling Company to apply two years consecutively for these funds since this is a large and intricate construction project with an investment of more than $30 million and railroad track funds in excess of $1 million. He reported that Mennel Milling Company was awarded $450,000 last year and he requested that the Board adopt the resolution supporting their request for $450,000 this year. Mr. Chittum advised that staff is assisting the City of Salem with an application for their yearly allocation for funding for the New Millennium project, formerly Hancock Steel, which is located in Roanoke County and the City of Salem. He advised that no other project in Roanoke County will be affected by approval of the resolution supporting railroad track funds for Mennel Milling Company. There was no discussion. 324 April 10, 2007 Supervisor Wray moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 041007-1 SUPPORTING THE UTILIZATION OF INDUSTRIAL ACCESS RAILROAD TRACK FUNDS FOR THE MENNEL MILLING COMPANY WHEREAS, the Mennel Milling Company has expressed its intent and desire to the County of Roanoke to locate its industrial operations in Roanoke County, Virginia; and WHEREAS, the Mennel Milling Company and its operation will require rail access; and whereas, the officials of the Mennel Milling Company, have reported to the County their intent to apply for industrial access railroad track funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in the amount of $450,000 and; WHEREAS, Section 33.1-221.1:1 of the Code of Virginia declares it to be in the public interest that access railroad tracks and facilities be constructed to certain industrial sites, that financial assistance for such construction be provided by the commonwealth, and that applications for such funds be approved by the local governing body; and WHEREAS, the Mennel Milling Company, has requested that the County of Roanoke provide a resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Roanoke hereby endorses and supports the application of the Mennel Milling Company, for $450,000 in industrial access railroad track funds for the purpose of locating its industrial facility in Roanoke County, Virginia. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None April 10, 2007 325 2. Reauest to authorize the execution of !n updated contract with the Unified Human Services Transportation System. Inc. to provide the CORTRAN services for Roanoke County for the period March 1." 2007 throuah February 29. 2008. (John Chambliss. Assistant County Administrator) A-041 007-2 Mr. Chambliss advised that this request is to allow the County to extend the contract with the Unified Human Services Transportation System, Inc. (RADAR) for CORTRAN for the period March 1, 2007, through February 29, 2008. He reported that the CORTRAN program is the County's paratransit service for residents at least sixty years of age or physically or mentally challenged as identified through the Americans with Disabilities Act (ADA). The CORTRAN program provides curb to curb service, Monday through Friday, from 7:00 a.m. until 6:00 p.m. Reservations are made on a first-come, first-served basis, utilizing any of the appropriate vehicles available through the RADAR system. He advised that the new contract with RADAR is based on a $35.50 per hour rate, less the fares received, and that the hourly rate for last year was $34.00 per hour. The average one-way trip for County residents is approximately 45 minutes. Mr. Chambliss advised that the County appropriated approximately $404,000 in fiscal year 2006-2007 budget for the net cost of this program. He reported that there are limited state or federal funds available for this program and RADAR primarily applies for these on the County's behalf to assist in purchasing vehicles and for reverse 326 April 10, 2007 commute grants to offset the contract costs. He requested that the Board approve the continuation of this contract. Supervisor Wray advised that this program serves the needs of the citizens who are unable to use their own transportation for different reasons and the County should continue to participate in this important service. Supervisor Wray moved to approve the staff recommendation (authorize the County Administrator to sign the renewal contract for CORTRAN service based on the $35.50 per hour rate for the March 1,2007 - February 29,2008 service period). Supervisor Church commented that he concurred with Supervisor Wray that this program is very important to the people who need it and the County should continue the service. He expressed appreciation to Mr. Chambliss for his assistance with this program. Supervisor Wray's motion carried by the following recorded vote: Supervisors Wray, Church, Altizer, Flora, McNamara AYES: NAYS: R-041 007-3 None 3. Request to approve fiscal year 2007-2008 budaet for the Roanoke Reaional Airport Commission. (Dan Neel. Director of Administration and Finance. Roanoke Reaional Airport: Diane D. Hvatt. Chief Financial Officer) April 10, 2007 327 Ms. Hyatt advised that the Roanoke Regional Airport Commission (Commission) is required to submit their budget annually to the Roanoke County Board of Supervisors and the Roanoke City Council for approval before it can be formally adopted by the Commission. She advised that the budget for fiscal year 2007-2008 reflects that airport operations are self-supporting and does not require any additional supplement from either the County or the City. She advised that Dan Neel, Director of Administration and Finance for the Commission, was present to speak concerning the budget. She requested that the Board approve the Commission's budget at the conclusion of Mr. Neel's comments. Mr. Neel advised that the Commission's budget is self-supporting and that the revenues are projected to exceed expenditures by approximately $243,000 which is above what is required by bond covenants for a surplus. These funds will be used to fund capital improvements, provide matches for state and federal grants, and complete additional projects not eligible for state or federal funding. He advised that the budget is slightly less than 7% higher than the 2006-2007 fiscal year, and there are budgeted increases for operations and maintenance costs due to the age of the buildings. He advised that higher revenues are being projected due to slight increases in airline rates and additional landing fees. He also pointed out that there will be additional revenue from Allegiant Air since they will be completing a full year of service. Mr. Neel advised that there are two proposed capital expenditures for projects not to exceed $100,000 in costs which need to be approved by the County and 328 April 10, 2007 City. He advised that the first project is Phase 1 of the rehabilitation of the public parking lots. He advised that they plan to overlay and remark the parking spaces since the lots are showing increased wear, tear and cracking after seventeen years of use. The estimated cost for Phase I of this project is $500,000 from local funds. Mr. Neel advised that the second project is to construct an Aircraft Rescue and Firefighting (ARFF) training pad and access road. He advised that twice a year, the ARFF crew arranges for the state's aircraft simulator to be brought to the airport for training. The simulator has been located on ramp space needed and used by aircraft for parking. He advised that the estimated cost is $200,000 which is divided between 80% of state funds already received and 20% local funds. Chairman McNamara inquired if Ms. Hyatt wished to make additional comments. Ms. Hyatt advised that staff recommends that the Board adopt the resolution approving the Commission's budget. Supervisor McNamara advised that the Commission continues to operate within their budget and does not require County funds; however, he advised that the County did receive funds in previous years from the Commission to assist with providing fire and rescue services. He advised that the Commission does an excellent job and he appreciates their continued work. There was no discussion. April 10, 2007 329 Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 041007-3 APPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FISCAL YEAR 2007-2008, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 24.B of the Roanoke Regional Airport Commission Act and Section 17. (a) of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and City Council of the City; and WHEREAS, by report dated March 23, 2007, a copy of which is on file in the office of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport Commission has submitted a request that the County approve the fiscal year 2007-2008 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the fiscal year 2007-2008 budget and proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the March 23, 2007, report of the Commission Executive Director, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 330 April 10, 2007 IN RE: APPOINTMENTS .L Roanoke Valley Greenway Commission Chairman McNamara advised that the three-year term of Richard Kelly expired on April 8, 2007. Mr. Kelly has advised that he does not wish to be reappointed to serve another three-year term. 2. Western Virainia Water Authority Chairman McNamara advised that John Williamson, at-large member, resigned from the Board effective November 16, 2006. He stated that this four-year term will expire on June 30, 2008. At-large members are selected by the majority vote of the other six members of the Board and confirmed by Roanoke City Council and the Roanoke County Board of Supervisors. IN RE: CONSENT AGENDA R-041 007-4 Supervisor McNamara moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None April 10, 2007 331 RESOLUTION 041007-4 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 April 10, 2007, 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 Item 1, as follows: 1. Approval of minutes - March 20 and March 27,2007 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Ms. Denise Wills. 3829 Thompson Lane, advised that she feels that cats roaming freely are causing a significant problem in the County and violate the Roanoke County Code. She provided the Deputy Clerk with a copy of the Code section and a list of diseases that cats may transmit while roaming. She requested that the Board adopt a law requiring that cats must remain on their owner's property. IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 332 April 10, 2007 IN RE: 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaency 4. Telecommunications Tax Comparison Report 5. Proclamations sianed !rl the Chair 6. Statement of the Treasurer's Accountability per Investment and Portfolio Policy as of March 31, 2007 REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Flora: He advised that he has received another complaint from a citizen concerning the illegal alien issue in the County. He reminded staff that a report on this subject is due to the Board next month. He advised that an email was sent to the Board concerning an article in the Roanoke Times referring to actions that local governments could take to address this issue and requested that this information be included in the report. Supervisor Wrav: He advised that he has spoken with Ms. Wills concerning a rabies clinic that was to be held in Roanoke County and requested that Chief Lavinder provide an update. Chief Lavinder advised that they are working with some of the veterinarians and plan to schedule clinics in north and south County soon. Supervisor Church: (1) He expressed appreciation to Ms. Hall for agreeing to contact a publication that is listing an incorrect real estate tax rate for the County. He advised that he feels it is very important that the public receive accurate April 10, 2007 333 information. (2) He advised Mr. Conner, a citizen who lives in the Catawba District, that he has discussed his situation with Billy Driver, Director of Real Estate Valuation, and they will provide written documentation concerning his options. He expressed appreciation to Mr. Driver for taking the extra time to work on several other concerns. (3) He expressed appreciation to Mr. Chambliss for notifying him concerning the recent fire at Richfields, and advised that he appreciated Mr. Chambliss' attention to County concerns at all times. Supervisor McNamara: (1) He advised that as of April 9, he had received seven invitations to events. He acknowledged that the Chairman receives more invitations and explained that he was not bringing this subject up to complain. He wanted to inform citizens that if the Chairman, Board member, or a legislator could not attend an event, it should not be viewed as a lack of interest in the function or organization and to know that many things could have prevented their attendance. He requested that the citizens continue to invite the Board members to events, and they would attempt to attend as many events as possible. IN RE: CLOSED MEETING At 4:16 p.m., Supervisor McNamara moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (1) discussion of the resignation and appointment of a specific public officer; namely, Clerk to the Board of Supervisors; and Section 2.2-3711 A (30) discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or 334 April 10, 2007 scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, namely contract with the Western Virginia Water Authority. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: WORK SESSIONS 1. Work session to provide an update on the South County Library and fundina of capital proiects. (Diane Hvatt, Chief Financial Officer: Diana Rosapepe, Director of Libraries) The work session was held from 4:30 p.m. until 4:55 p.m. The following staff was present at the work session: Elmer Hodge, County Administrator; Diane Hyatt, Chief Financial Officer; Diana Rosapepe, Director of Libraries; and Pete Haislip, Director of Parks, Recreation and Tourism. Ms. Rosapepe advised that the Board members have been invited to attend the Friends of the Library dinner scheduled for Friday, April 13, at 6:30 p.m. at the 419 Headquarters Library. She reported that they already have 200 people attending and the dinner will feature a presentation by the architects. She presented the 360-degree computer simulation of the outside of the proposed library on the Merriman site which was developed by the architects. In response to Supervisor Flora's inquiry, Ms. Hyatt advised that value engineering and construction management will be included in the Request for Proposal April 10, 2007 335 (RFP) process for the project. Ms. Rosapepe advised that on Monday, April 9, 2007, a petition was filed with the Community Development Department to rezone the Merriman site from R-1 to C-2 with a special use permit due to the drive-through window. They plan to schedule a community meeting in May, and public hearings with the Planning Commission on June 5 and the Board of Supervisors on June 26. Ms. Hyatt distributed a color rendering of the proposed South County Library and a preliminary budget based on the architect's estimate and local construction costs with an inflation factor of 10% through the midpoint of construction using mid-grade materials. She advised that the site development costs, which include retaining walls, grading and fill, are causing the budget to increase. She advised that it is estimated that they will need to borrow approximately $15.9 million; however, they will not have the actual amount until construction bids are received. She advised that all of the capital projects will be brought back to the Board as more information is received regarding the actual costs versus the estimated costs, and they will try to accommodate funding of the projects through the timing of bond issues. Mr. Hodge advised that they are planning to use a balance of existing funds and bonds to finance the capital projects. In response to Supervisor Wray's inquiry, Ms. Hyatt advised that 7 acres will be utilized for the library site and approximately 21 acres will be reserved as wetlands. Mr. Haislip advised Supervisor Wray that keeping these 21 acres natural has been discussed; however, there may be some passive development of the area to 336 April 10, 2007 complement the trails such as covered shelters. Ms. Hyatt advised that the site development includes the driveway to the library from Merriman Road, parking spaces, and retaining wall; however, it does not include correction of the curve in the road. Supervisor Wray stated that this curve needs to be improved because of the anticipated increases in traffic. Mr. Hodge advised that representatives from the Virginia Department of Transportation (VDOT) will be present at the April 24 Board meeting to attend a work session and this is one of the projects planned for discussion. Mr. Hodge advised that unless there are other suggestions or recommendations from the Board members, he would recommend proceeding with the project as presented and updating the Board on a monthly basis. Supervisor Flora advised that he thought the Board set the maximum cost of the proje~t at $15 million; however, the budget being presented had a cost of $17 million plus additional funding from VDOT for the roadwork. Ms. Hyatt advised that staff estimated the project costs at $15 million. Supervisor Wray advised that he had always understood that site development costs would be in addition to the $15 million budget for the building. Supervisor Flora advised that he did not want this project to become a bottomless pit, and they need to decide the maximum amount that they will spend on the project. Ms. Hyatt advised that this is the first actual estimate that they have received from the architects and when asked to decrease the project to 53,000 square April 10, 2007 337 feet, the architects could not get the same functionality. She advised that if the costs are reduced, they may have to remove some of the components of the project. Ms. Hyatt advised that they will hire a construction management firm to evaluate and review all of the components to determine if the costs are reasonable. In response to Supervisor Altizer's request, Ms. Hyatt advised that staff plans to keep the Board updated regarding all capital projects and will provide cost estimates from staff and professional cost estimates as they are received. Supervisor McNamara suggested that the proposed library project should stay within the $15 million bond issue and any additional funds necessary would come from year end surplus. Mr. Hodge advised that it was his understanding from the discussion that the Board members were asking staff to stay within the estimated budgets on each of the capital projects and provide them with updates as additional information is received. He advised that another work session will be scheduled for the first meeting in May. IN RE: CERTIFICATION RESOLUTION R-041 007-5 At 5:35 p.m., Supervisor McNamara moved to return to open session and adopt the certification resolution. 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