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HomeMy WebLinkAbout2/24/2009 - RegularFebruary 24, 2009 113 County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 February 24, 2009 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of February 2009. IN RE: CALL TO ORDER Chairman Altizer advised that the Board will hold meetings on three Tuesdays in March to receive requests from agencies requesting funding, and he suggested that citizens could contact the Clerk's Office for the specific dates and times. Chairman Altizer called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael W. Altizer, Vice-Chairman Joseph P. McNamara, Supervisors Joseph B. "Butch" Church, Richard C. Flora, Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: John M. Chambliss, County Administrator; Paul M. Mahoney, County Attorney; Dan O'Donnell, Assistant County Administrator; Becky R. Meador, Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Director IN RE: OPENING CEREMONIES The invocation was given by Reverend Michael Robbins, Rockingham Court United Methodist Church. The Pledge of Allegiance was recited by all present. 114 February 24, 2009 IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Church advised that at the March 24, 2009, Board meeting, there will be public hearings for the rezonings of the Rose property and the asphalt plant, and it is anticipated that a significant number of citizens will attend the meeting to speak at each public hearing. He advised that he spoke with Chairman Altizer and was advised to bring up at this meeting the suggestion of starting the March 24 evening session at either 4:00 p.m. or 5:00 p.m. instead of 7:00 p.m. Chairman Altizer asked Mr. Mahoney if the advertisements had already established the time of the public hearings or if there would be sufficient time to change the advertisements. Mr. Mahoney advised that the legal notice to publish the time of "7:00 p.m. or as soon thereafter" in the newspaper on March 10 and 17 for the public hearings must be sent to the newspaper by March 6; therefore, staff has sufficient time to change the advertisement for the time of one or the other public hearing. Mr. Mahoney advised that the rezoning application for the Rose property was filed first and since the normal process of the County is to hear whichever application was first, the Rose property rezoning public hearing could be started earlier. Chairman Altizer asked Mr. Chambliss if the agenda for the 3:00 p.m. meeting on March 24 could be made as light as possible so that the public hearing for the Rose rezoning could be started at 5:00 p.m. He also asked for input from the Supervisors about whether the starting time should be 4:00 p.m. or 5:00 p.m. Mr. February 24, 2009 115 Chambliss advised that staff would work to lighten up the agenda at the 3:00 p.m. meeting on March 24 as requested. Supervisor Flora commented that he was concerned that if the meeting were to begin at 5:00 p.m., there would be citizens unable to participate since they work until 5:00 p.m. He suggested starting the meeting at 5:30 p.m. Chairman Altizer inquired if this was the consensus of the Board. Supervisor Church advised that he was concerned about there being an overcrowded situation at the meeting, and he did not think that the Board was doing justice to either item by having the public hearings for these two items on the same date. He advised that the later time that the meeting is started, the worse the situation will become; however, he concurred that the Board should not shut out the people who work until 5:00 p.m. from being able to attend and speak. Chairman Altizer advised that the consensus of the Board was to start the meeting on March 24 at 5:30 p.m. He asked Mr. Mahoney to make the proper changes to start the public hearing for the Rose property at 5:30 p.m. He stated that after the Rose public hearing at the March 24 meeting, the Board would have a recess and then continue with the public hearing for the asphalt plant rezoning. Mr. Chambliss requested the addition of an item to recognize the Roanoke County Fire and Rescue Department for receiving the Governor's 2008 Virginia Fire Service Award for Outstanding Fire Department Response. There were no objections to adding the item to the agenda. 116 February 24, 2009 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring the month of February 2009 as School Board Appreciation Month in the County of Roanoke Chairman Altizer presented the proclamation to Mike Stovall, Vice- Chairman of the School Board. Vice-Chairman Stovall advised that the School Board and Board of Supervisors have worked together in a non-partisan way for the betterment of education in the County. He expressed his appreciation for the Board's dedication and cooperation. Dr. Lorraine Lange, School Superintendent, advised that the School Board stayed true to their priorities to keep students first, save as many jobs as possible, and maintain an excellent program during challenging budgets. She expressed her appreciation for the cooperation between the Board of Supervisors and the School Board. Supervisor Moore expressed appreciation to the School Board and Dr. Lange for their efforts on behalf of the children in the County. Chairman Altizer commended the School Board for the outstanding relationship they have with the Board of Supervisors, which benefits the children of the County. 2. Recognition of the Roanoke County Fire and Rescue Department receiving the Governor's 2008 Vir inia Fire Service Award for Outstanding Fire Department Response February 24, 2009 117 Chairman Altizer recognized Chief Rick Burch, Fire and Rescue Department, and asked him to introduce those present from the Fire and Rescue Department and provide information about the Governor's Award. Chief Burch introduced Division Chief Joey Stump, Division Chief Dustin Campbell, and Division Chief Steve Simon, and Captain Jones. Captain Jones introduced Firefighter Robert Mauck, Firefighter Jarad Hall, Lt. Michael Smith, and Paramedic Firefighter Gary Hostetter. Chief Burch advised that in 2002 the Governor established the Fire Services Awards with eight award categories. He reported that Roanoke County received the Governor's 2008 Virginia Fire Service Award for Outstanding Fire Department Response for the Green Ridge Mountain Fire, which began on February 10, 2008. He advised that the fire burned for nine days, consumed 4,000 acres, and threatened residents and 64 homes and businesses valued at approximately $16.5 million dollars. He advised that they were successful in extinguishing the fire with only a few minor injuries, and he was very proud of the fire and rescue department and the other County departments that provided outstanding support. He advised that because there were 81 other incidents and several other fires on the day of the Green Ridge Mountain Fire, the neighboring departments were busy, and he requested statewide mutual aid for the first time in his career and received fire resources from over 130 miles away. He expressed appreciation for the cooperation and assistance provided during ~ ~ 8 February 24, 2009 the fire by those responding fire departments, State Police, Virginia Department of Forestry, and Virginia National Guard. Chief Burch reported that Roanoke County is the only department in the Commonwealth of Virginia since the beginning of these awards that has won in at least one of the categories every year and won one year in two categories. He advised that this is the second award for outstanding fire response and that the first award was received for the County's response to the tire fire five years ago. He commended the men and women, both volunteer and career, of the fire and rescue department for their dedication during the Green Ridge Mountain Fire and for their services every day. Each of the Supervisors expressed their congratulations to the Fire and Rescue Department upon receiving this award and also expressed their appreciation of the department's efforts to maintain the safety of the County and its citizens. In response to Supervisor Church's suggestion that letters be sent to the fire departments that provided assistance, Chief Burch advised that letters were sent after the fire at the direction of the Board. Chief Burch advised that he forgot to express his thanks to the citizens and local businesses for their outstanding cooperation and assistance throughout the fire. He advised that the food and beverages provided by citizens and local businesses for the personnel fighting the fire were greatly appreciated. February 24, 2009 119 IN RE: BRIEFINGS 1. Briefing from Total Action Against Poverty T( AP) regarding current programs and activities. Annette Lewis, Vice-President, TAP) Ms. Lewis, Senior Vice-President of Programs at Total Action Against Poverty and Director of TAP This Valley Works, expressed her appreciation for the County's financial support of TAP through the years. She advised that TAP has a 44- year history and is committed to its mission of encouraging self-reliance and self- determination by strengthening and empowering individuals, families, and communities; expanding families' access to existing opportunities for economic advancement; and creating new opportunities in mobilizing the community's good will and efforts toward eradicating poverty. She advised that TAP provides a wide range of services for County and Roanoke Valley residents to meet the needs of the most vulnerable individuals and others whose needs are less likely recognized. She advised that during fiscal year 2007-2008, TAP's Transitional Living Center celebrated 20 years of service and housed 128 homeless individuals providing room, board, counseling and referral, access to job training, and emergency services. She reported that Head Start started in 1965 serving 100 children and last year served 142,000 children and their families. She reported that Project Discovery, a dropout prevention and college access program for first generation college-bound students, kept 182 students in school. She reported that 442 families struggling with high utility bills received weatherization services, and 232 households ~ 20 February 24, 2009 were saved from becoming homeless or were able to avoid foreclosure as a result of TAP's homeless intervention, housing counseling, and reverse mortgage programs. She concluded by responding that 93 homes were repaired or rehabilitated include indoor plumbing, and 43 unemployed individuals receiving public assistance gained employable skills through on-the-job work experience. Ms. Lewis advised that TAP would not be successful without the support of the County of Roanoke. She reported that she was speaking on behalf of John Williamson, Chairman of the TAP Board of Directors; Ted Edlich, President of TAP; and the nearly 350 employees, and the 5,729 individuals who were served during the 2007- 2008 fiscal year, 435 of whom were residents of Roanoke County. She expressed appreciation to the County for making TAP services possible and gave a small token of appreciation to the Board members for their support. Chairman Altizer and Supervisor Church thanked Ms. Lewis for the briefing and expressed appreciation for the efforts of TAP on behalf of the citizens. IN RE: NEW BUSINESS 1. Request for action on items related to the ICLEI Program Local Governments for Sustainability). Anne Marie Green, Director, General Services Ms. Green reported that a year and a half ago the Board signed on to become part of ICLEI, which is known as Local Governments for Sustainability. She reported that staff has been working diligently since that time and is now ready to move February 24, 2009 121 forward with Milestones One and Two and start Milestone Three. She advised that this subject was discussed with the Board at a work session on February 10, 2009. Ms. Green advised that there are five Milestones for the ICLEI program, and that Milestone One was for Roanoke County to determine greenhouse gas emissions and its carbon footprint, which included the County's government operations, business community, and residents. She reported that a report on Milestone One was completed using ICLEI's software and they found that Roanoke County government accounts for a very small part of the overall greenhouse gas emissions in the County. She advised that she was requesting Board approval of Milestone One so that the report could be forwarded to ICLEI. Ms. Green advised that the second part of the agenda item is a request to approve a resolution of support for Milestone Two, which includes picking a target and deciding how much to reduce the greenhouse gas emissions over the upcoming years. She advised that most local governments aim for a two percent reduction as a baseline amount per year for the next 40 years and reported that staff is recommending a target of three percent per year reduction for the entire County for the ten years from 2010 to 2020. She advised that staff would like to stop increasing the emissions for the municipal sector by 2012 and then adopt the target of three percent per year until 2020. She advised that the Board would need to adopt a resolution to approve that goal. ~ 22 February 24, 2009 Ms. Green reported that the third request of this agenda item is for the Board to adopt the By-Laws for the Roanoke County Community Leaders Environmental Action Roundtable (RC-CLEAR), which will help to accomplish Milestone Three. She advised that Milestone Three will put into practice things that will help with the three percent reduction goal. She stated that there is no fiscal impact at this time, and while moving forward with this milestone, they will strive to find ways to reduce greenhouse gas emissions, which will mean reduction of utility and fuel uses, and save the County and its citizens money in the future. Ms. Green advised that staff is recommending that the Board approve three separate actions as follows: (1) approve and accept the Milestone One report; (2) approve and accept the resolution of Milestone Two, and (3) approve the By-Laws for RC-CLEAR. She also requested that the Board approve an item on the consent agenda to confirm the appointments of the five citizens named by Board members at the recent work session to serve on this committee. Supervisor Moore advised that many people worked very diligently on this task and she recognized the following people for their assistance: Jim Vodnik, Assistant Director of General Services; Dan O'Donnell, Assistant County Administrator; Lindsey Hudson, intern; Professor Sean McGinnis, Director of the Green Engineering Program at Virginia Tech; and Professor Renee Godard, Director of Environmental Studies at Hollins University. She also recognized the following from Roanoke Valley Cool Cities Coalition: Dr. Diana Christopulos, Chair and Coordinator; and Mark McClain, Director. February 24, 2009 123 She recognized Nell Boyle, Director of Sustainable Business Practices, from Breakell, Inc., and the following from Roanoke Cement, one of the Roanoke Valley's Cool Cities 150 Affiliates: Don Ingerson, Director of Sales and Marketing; and Kevin Baird, Plant Manager. She stated that Robert Marek was in attendance at the meeting representing Roanoke Cement. She reported that Roanoke Cement donated $12,000 in funding to the Roanoke Valley Cool Cities Coalition during 2008 to help Roanoke County and the City of Salem measure their carbon footprints. Ms. Green advised that the County is very grateful for the grant from Roanoke Cement, which enabled them to obtain the services of an intern since this process required a great deal of time. ~ Request to approve and accept Milestone One Report; and A-022409-1 There was no discussion on this item. Supervisor Moore moved to approve and accept the Milestone One Report. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None Request to approve resolution of support for Milestone Two Target Reduction of Greenhouse Gas; and R-022409-2 124 February 24, 2009 There was no discussion on this item. Supervisor Moore moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 022409-2 ADOPTING A GREENHOUSE GAS EMISSIONS REDUCTION TARGET FOR THE COUNTY OF ROANOKE ICLEI PROJECT WHEREAS, the County of Roanoke has performed a greenhouse gas emissions inventory and determined the community C02 emissions to be 1.86 million tons for the baseline year of 2007, thereby completing Milestone One of the Cities for Climate Protection Program (CCP), and; WHEREAS, local government actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the local government, businesses, and residents, and; WHEREAS, a regional effort is required and neighboring communities including the cities of Roanoke, Salem and the Town of Blacksburg have committed to making meaningful reductions in greenhouse gas emissions and; WHEREAS, the federal government is expected to adopt a new national standard and set a target for reducing carbon dioxide emissions by 80 percent (or 2 percent a year) by 2050 and thereby will lead the world toward a new era of global cooperation on climate change. NOW THEREFORE, BE IT RESOLVED, that the County of Roanoke will adopt a community greenhouse gas emissions reduction target of 30 percent by the year 2020, or a 3 percent reduction of greenhouse gas emissions per year. This reduction target will apply to emissions produced by County government facilities and services as well as the emissions produced by the entire County: NOW THEREFORE, BE IT RESOLVED, that the County of Roanoke will undertake to measure the percentage change in Greenhouse Gas Emissions annually and make public the results of the Community Climate Action Plan: BE IT FURTHER RESOLVED that in the year 2020, a complete assessment of the CCP Initiative will be undertaken with the target year and reduction adjusted and renewed as needed consistent with the current state of global climate change. February 24, 2009 125 On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None (c) Request to adopt By-Laws and make appointments for the Roanoke County Community Leaders Environmental Action Roundtable (RC-CLEAR) in support of Milestone Three R-022409-3 There was no discussion on this item. Supervisor Moore moved to adopt the by-laws and make confirmation of appointments on the Consent Agenda. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 022409-3 ADOPTING BY-LAWS FOR THE ROANOKE COUNTY COMMUNITY LEADERS ENVIRONMENTAL ACTION ROUNDTABLE (RC-CLEAR) WHEREAS, the County of Roanoke has joined ICLEI -Local Governments for Sustainability and wishes to form a committee to assist with identifying ways to reduce emissions and long-term energy costs by developing strategies for improved energy efficiency and; WHEREAS, local government actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the local government, businesses, and residents, and; WHEREAS, a regional effort is required and neighboring communities including the cities of Roanoke, Salem and the Town of Blacksburg have committed to making meaningful reductions in greenhouse gas emissions and; 126 February 24, 2009 WHEREAS, the Roanoke County Board of Supervisors wishes to adopt By-Laws for the Roanoke County Community Leaders Environmental Action Roundtable (RC- CLEAR) and appoint citizens to that Committee; NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors does hereby approve the proposed By-Laws for RC-CLEAR and will appoint members during later action at this meeting and future meetings. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 2. Request to approve amendments to the Roanoke Va11ey Resource Authority R( VRA) agreements. Anne Marie Green, Director, General Services Ms. Green advised that this was a housecleaning item that comes with good news. Before proceeding, Ms. Green introduced Ben Miles, Executive Director, Roanoke Valley Resource Authority (RVRA), who was present at the meeting. Ms. Green advised that this action contains two requests for Board action as follows: (1) approval of the Fifth Amendment to the Member Use Agreement; and (2) adoption of a resolution amending the landfill ground transfer station permit conditions and operating policies. She stated that RVRA, a regional authority, that includes Roanoke City, Roanoke County, and the Town of Vinton, is governed by a member use agreement. She reported that the agreement can be periodically amended to make changes as necessary by the three governing bodies and the RVRA. Ms. Green advised that the change to the special use permit conditions and operating policies must be approved by the Roanoke County Board of Supervisors because it pertains to Smith Gap Landfill, which is located in Roanoke County. February 24, 2009 127 Ms. Green advised that the RVRA was approached by the City of Salem when they reviewed their operations and realized that they did not have a backup plan for hauling waste in emergency situations. She stated that after discussing the situation with the City of Salem, Mr. Miles realized that the RVRA had no backup plan for potential problems at the transfer station, landfill, or the rail line operating in between. She advised that they are requesting approval of an amendment to the member use agreement that will allow the City of Salem and their contractee, which is the County of Botetourt, to use RVRA's facilities and to allow RVRA to use the City of Salem's facilities in case of emergency situations. She advised that two members of RVRA's Board who live next to the landfill and represent that area support approval of this amendment. Ms. Green advised that another change to the member use agreement is that Roanoke City, Roanoke County, and the Town of Vinton, have been holding periodic household hazardous waste days at the transfer station; however, only a few events can be held each year and citizens have to wait a long period of time between events. She advised that RVRA plans to establish a permanent household hazardous waste facility on their property, which will be open more frequently and allow residents to use it on a more regular basis. ~ 28 February 24, 2009 Ms. Green advised that the two amendments she described will be made part of the Fifth Amendment to the member use agreement. She reported that the City of Roanoke will consider the amendment on March 2, the Town of Vinton on March 3, RVRA on February 25, and the City of Salem will take action shortly. Ms. Green advised that Board approval is being requested to change the permit conditions and operating policies since the wording indicated that the Host Community Fund for public improvements in the area of the landfill was restricted to landfill property only. She advised that the residents near the landfill in an informal group have been unable to come up with improvements to the landfill property. She reported that the RVRA thought the Host Community Fund should be used to make improvements to public property within 5,000 feet of the landfill and the rail corridor. She advised that the RVRA might buy some property and donate it to Roanoke County for parks and, at some point, the County may have property that could be improved by RVRA using the Host Community Fund. She advised that the two RVRA members mentioned previously who live near the landfill also approve of this change. She advised that $128,000 is currently in the Host Community Fund, and it could be used for something like the Mayflower Hills Park near the old landfill. She advised that they are requesting Board approval of the change to the permit conditions and operating policies and that there is no fiscal impact to Roanoke County for either of these changes. She requested that the Board adopt the two resolutions. February 24, 2009 ~ 29 Supervisor Church advised that the landfill was in the Catawba District and expressed appreciation for the assistance of Mr. Miles, Suzie Snyder, and Keith Tenson, the RVRA members who live adjacent to the landfill. He advised that the Host Community Funds have accumulated over the years, and he is pleased to see the restriction change that prohibited using the funds in the area. He advised that he thought Mr. Miles and his staff showed foresight when they looked at the entire picture and realized that it involves other localities, such as the City of Salem. He advised that at the appropriate time he would move approval of the actions. Supervisor Altizer asked Mr. Miles how long services would have to be provided in the event that an emergency situation occurs. Mr. Miles advised that the agreement with the City of Salem proposes that either party would have the option to discontinue providing emergency service should it become too cumbersome to continue providing that operation. He advised that while there is not a set date, the agreement is intended to cover only emergency temporary services and get the troubled operation up and running as soon as possible. Ms. Green pointed out that they will have to pay the tipping fee, each to the other, which would be another incentive to get their own facilities operational as soon as possible. Mr. Miles advised that every effort will be placed on the contract to get back to normal operations as soon as possible. Supervisor Altizer advised that this explanation answered his question, as he wanted something definitive in the contract. 130 February 24, 2009 Supervisor Church inquired if a separate motion was necessary for both items. Ms. Green advised that this was correct. (a) Resolution authorizing the Fifth Amendment to the Member Use Agreement; and R-022409-4 There was no discussion. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 022409-4 AUTHORIZING THE FIFTH AMENDMENT TO ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS USE AGREEMENT WHEREAS, the parties hereto entered into the Roanoke Valley Resource Authority Members Use Agreement dated October 23, 1991 (the "Members Use Agreement"), as amended by First Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated as of June 1, 1992; Second Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated December 2, 1996; Third Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated February 1, 1999; and Fourth Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated April 1, 2005; among the Authority, the County, the City, and the Town under which the Authority agreed to acquire, construct and equip a regional waste disposal system consisting of a landfill and transfer station and related structures and equipment, and to provide financing therefor in order to dispose of all nonhazardous solid waste delivered to the System by or on behalf of the County, the City and the Town (collectively, the "Charter Members"); and, WHEREAS, the parties desire to amend the Members Use Agreement authorizing a Reciprocal Emergency Disposal Agreement with the City of Salem as well as a Household Hazardous Waste Collection Facility at the RVRA Transfer Station. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: February 24, 2009 131 1. Approval of Amendment. The Board of Supervisors hereby approves the Fifth Amendment in substantially the form attached to this Resolution as Exhibit A. The County Administrator and such officers and agents as he may designate are authorized and directed to execute and deliver the Fifth Amendment and the Clerk to the Board of Supervisors is authorized to seal and attest the Fifth Amendment with such changes as such officers deem appropriate to carry out the purposes expressed therein. 2. Effective Date. This Resolution shall take effect immediately. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None (b) Resolution amending the Landfill, Rail & Transfer Station Permit Conditions and Operating Policies ~ changing the Host Community Improvement Fund R-022409-5 There was no discussion. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 022409-5 AMENDING THE LANDFILL, RAIL & TRANSFER STATION PERMIT CONDITIONS AND OPERATING POLICIES FOR THE ROANOKE VALLEY RESOURCE AUTHORITY BY CHANGING THE HOST COMMUNITY IMPROVEMENT FUND WHEREAS, the Board of Supervisors of Roanoke County adopted landfill permit conditions and operating policies on June 27, 1989, for the Smith Gap Solid Waste Disposal Facility; and WHEREAS, the operating policies provided for the creation of a host community improvement fund; and WHEREAS, this policy limits the use of this fund to improvements to the landfill agency property; and 132 February 24, 2009 WHEREAS, this amendment would allow the Roanoke Valley Resource Authority and the County greater flexibility with respect to the use of this fund by authorizing improvements on any public property within the host community and available for public use. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Operating Policies for the Host Community Improvement Fund for the Roanoke Valley Resource Authority is hereby amended as follows: Existing Policy Host Community Improvement Fund A Host Community Improvement Fund will be established through the donations from the Landfill Agency for the purpose of public improvements for the Host Community. The Host Community is defined as the area within 5,000 feet of the landfill along with the rail corridor. Donations will be made annually in amounts of $10,000; however, the fund shall never exceed $150,000. The fund shall be utilized for the construction and maintenance of public improvements to Landfill Agency property approved by the Board of Supervisors and the Planning Commission. A Public Improvement Plan shall be developed by Landfill Agency with assistance from the residents of the Host Community for the expenditure of the fund. Amended Policy Host Community Improvement Fund A Host Community Improvement Fund ("Fund") will be established through the donations from the Landfill Agency for the purpose of public improvements for the Host Community. The Host Community is defined as the area within 5,000 feet of the landfill property along with the rail corridor. Donations will be made annually in amounts of $10,000; however, the Fund shall never exceed $150,000. The Fund shall be utilized for capital improvements having an estimated useful life of at least ten (10) years that will benefit the Host Community. The capital improvements must be located on public property within the Host Community and must be made available for public use. The Bradshaw Citizens Association, made up of citizens from within the Host Community, may develop a Public Improvement Plan ("Plan"), with assistance provided, as needed and available, by staff of the Landfill Agency, for the express purpose of utilizing the Fund. Prior to implementing the Plan and the Landfill Agency expending any or all of the Fund, the Plan must be approved and authorized, in order, by: The Landfill Agency; the Planning Commission; and the Board of Supervisors. 2. That this policy amendment shall take effect immediately upon adoption. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None February 24, 2009 133 3. Request for authorization to execute a modification agreement between the County of Roanoke, the Roanoke County Economic Development Authority, and Integrity Windows. ~ Loope, Assistant Director of Economic Development) A-022409-6 Ms. Loope advised that the County entered into a performance agreement with Integrity Windows on May 23, 2003, which provided for an economic development grant and other considerations based upon measurable performance goals. She stated that the proposed development was to be implemented in two phases as follows: (1) Phase One included the construction of a 200,000 square foot manufacturing facility with a minimum investment of $15 million in improvements of machinery and equipment and the employment of 150 people. (2) Phase Two included a 190,000 square foot facility expansion resulting in a minimum investment of $17 million in building improvements and equipment and a total of 252 jobs by May 2008 and 350 by May 2009. Ms. Loope stated that, to date, Integrity has met their employment and investment projections for Phase One at their facility located at Valley Gateway, and they have also met their investment projections for Phase Two; however, they have not met their minimum employment obligations for Phase Two of the project. She stated that current employment at this facility is approximately 190 full-time employees and due to a downturn in the residential construction market, Integrity will be unable to meet 134 February 24, 2009 the employment obligations for Phase Two as originally projected. She stated that according to the US Census Bureau Statistics, new housing starts were off 13 percent in 2006, 25 percent in 2007, 23 percent in 2008, and it is anticipated to be off 15 percent in 2009. She stated that due to the national economic conditions beyond the company's control, Integrity is requesting a reduction in the clemency for job creation from $1,000 to $500 for each full-time position below the goal. She advised that staff has consulted with the Roanoke County Economic Development Authority, and they are in agreement with approving this request. Ms. Loope advised that staff recommends authorizing the County Administrator to execute the modification agreement between the County of Roanoke, Roanoke County Economic Authority, and Integrity Windows. There was no discussion. Supervisor Altizer moved to approve the modified agreement. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: FIRST READING OF ORDINANCES 1. First Reading of an ordinance amending and reenacting Sections of Article II Countv Vehicle License, of Chapter 12, Motor Vehicle And Traffic, of the Roanoke Countv Code to delete provisions for vehicle decals and to enact a vehicle license fee as permitted February 24, 2009 135 State law. Kevin Hutchins, Treasurer; Joseph Obenshain, Senior Assistant County Attorne Mr. Hutchins advised that this is the first reading of an ordinance to clarify various sections of the County Code related to the vehicle licensing fee in Article II, Chapter 12, Motor Vehicles and Traffic. He stated that last year the Board approved moving from the vehicle decal to the vehicle licensing fee structure and the Treasurer's Office implemented the daily application of those changes. He advised that during and after the spring billing of 2008, many of the Board members expressed their desires for a possible revision of several sections of the County Code to address disparities that may have occurred when changing the price model from a decal to a licensing fee. Mr. Hutchins advised that after careful review of the data for the past eight months, he was presenting changes to the ordinance to address many of the concerns of the Board members and that his office has identified. He advised that the switch to the vehicle licensing fee structure has been successful. He stated that the proposed changes are proactive responses to County citizens and to the concerns of several Board members and will strengthen the ordinance. He requested that the Board approve the first reading of the ordinance. There was no discussion. 136 February 24, 2009 Supervisor Altizer moved to approve the first reading and set the second reading and public hearing for March 10, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing conveyance of an easement to Appalachian Power Company for electric service across property owned ~ the Board of Supervisors at the Roanoke County Fleet Services Building. Paul Mahoney, County Attorne 0-022409-7 Mr. Mahoney advised that this is the second reading of an ordinance for donation of an easement. He stated that the easement will be underground and provide electric service to the County's new Fleet Services Building. He advised that there have been no changes from the first reading of the ordinance. There was no discussion. February 24, 2009 137 Supervisor Altizer moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None ORDINANCE 022409-7 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE ACROSS PROPERTY OWNED BY THE BOARD OF SUPERVISORS AT THE ROANOKE COUNTY FLEET SERVICES BUILDING WHEREAS, Roanoke County is in the process of constructing a Fleet Services Building located on Hollins Road; and WHEREAS, Appalachian Power Company (APCO) requires aright-of-way and easement for underground transmission lines on the County's property to provide electric service to the site as shown on the plat entitled "Proposed Right-of-Way on the Property of the Roanoke County Board of Supervisors Fleet Services Building" dated January 28, 2009; and WHEREAS, the proposed right-of-way will serve the interests of the public and is necessary for the public health, safety, and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on February 10, 2009, and a second reading was held on February 24, 2009. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, 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 APCO for the provision of electrical service in connection with Roanoke County's Fleet Services Building. 3. That donation to APCO of an easement and right-of-way for underground transmission lines and related improvements, within the easement area designated on the above-mentioned map, on the County's property (Tax Map No. 39.05-2-4) to provide electric service to the Fleet Services Building is hereby authorized and approved. 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. 138 February 24, 2009 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CONSENT AGENDA R-022409-8, R-022409-8.a, R-022409-8.b Supervisor Flora moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 022409-8 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: That the certain section of the agenda of the Board of Supervisors for February 24, 2009 designated as Item J -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of minutes -December 2, 2008 2. Acceptance of Fence Post Circle and a portion of Cortland Road into the Virginia Department of Transportation Secondary System, Hollins Magisterial District 3. Acceptance of Wisteria Place Court, Morning Glory Drive, and a portion of Crumpacker Drive and the remaining portion of Apple Harvest Drive into the Virginia Department of Transportation Secondary System, Hollins Magisterial District 4. Confirmation of committee appointments to the Roanoke County Community Leaders Environmental Action Roundtable (RC-CLEAR) for the ICLEI Program 5. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $55,535 from the Virginia Department of Health for an ambulance February 24, 2009 139 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 Flora to adopt the consent resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 022409-8.a REQUESTING ACCEPTANCE OF FENCE POST CIRCLE AND A PORTION OF CORTLAND ROAD, HOLLINS MAGISTERIAL DISTRICT, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached VDOT Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. 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. Recorded Vote: Moved by: Supervisor Flora Seconded by: None Required Yeas: Supervisors Moore, Church, Flora, McNamara, Altizer Nays: None 140 February 24, 2009 RESOLUTION 022409-8.b REQUESTING ACCEPTANCE OF WISTERIA PLACE COURT, MORNING GLORY DRIVE, A PORTION OF CRUMPACKER DRIVE, AND THE REMAINING PORTION OF APPLE HARVEST DRIVE, HOLLINS MAGISTERIAL DISTRICT, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached VDOT Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. 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. Recorded Vote: Moved by: Supervisor Flora Seconded by: None Required Yeas: Supervisors Moore, Church, Flora, McNamara, Altizer Nays: None February 24, 2009 141 IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Accounts Paid -January 2009 5. Statement of expenditures and estimated and actual revenues for the month ended January 31, 2009 Revised report format to be discussed durin the budget work session 6. Treasurer's Statement of Accountability der Investment and Portfolio Policy as of January 31' 2009 IN RE: CANCELLATION OF EVENING SESSION At 4:04 p.m., Chairman Altizer advised that the Board would move to a scheduled work session. He stated that the evening session would not be held because there were no advertised public hearings. 142 February 24, 2009 IN RE: WORK SESSIONS 1. W~, session for the Bud et for Fi~ Y~ 2009-2010. John Chambliss, Coun Administrator; B_re t Robertson, Director of Management and Bud et The work session was held from 4:17 p. m. to 5:25 p. m. Rebecca Owens, Director of Finance, distributed and reviewed the new Comparative Statement of Estimated and Actual Revenues and Schedule of Expenditures, Encumbrances and Appropriations reports. Mr. Chambliss and Mr. Robertson presented information to the Board pertaining to the budget. "they advised that the budget deficit for fiscal year 2008-2009 is approximately $4.5 million, and that the budget deficit for fiscal year 2009-2010 is estimated to be $8.6 million. There was discussion concerning the options for expenditure and revenue adjustments to balance the budget. Staff will compose a list of options for the Board to review at their next budget work session. IN RE: ADJOURNMENT Chairman Altizer adjourned the meeting at 5:25 p.m. Submitted by: 'ems ` B ky R. M dor Deputy Cle to the Board Approved by: ~'~/• ~C~ Michael W. Altizer Chairman ~I,