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HomeMy WebLinkAbout6/23/2009 - RegularJune 23, 2009 515 County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 June 23, 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 June 2009. IN RE: CALL TO ORDER Chairman Altizer called the meeting to order at 3:02 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: B. Clayton Goodman III, County Administrator; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Paul M. Mahoney, County Attorney; Becky R. Meador, Clerk to the Board; Teresa Hamilton Hall, Public Information Director IN RE: OPENING CEREMONIES The invocation was given by Reverend Gregory D. Reynolds, Wesleyan Church Shenandoah District Superintendent. The Pledge of Allegiance was recited by all present. 516 June 23, 2009 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Brenda J. Holton, Deputy Clerk to the Board of Supervisors, upon her retirement after twenty-two years of service R-062309-1 Chairman Altizer presented the resolution to Ms. Holton. Also present were Ms. Holton's husband, Van Holton, and grandson, Tyler Fisher. Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None Chairman Altizer expressed his appreciation to Ms. Holton for her many years of service and wished her the best in her retirement. Supervisor Church suggested that approval of the resolution should be moved jointly by the Board members to show their appreciation for her assistance during the years. Supervisors Church and Flora expressed their appreciation and commented that Ms. Holton had always provided a steadying influence in the Clerk's Office. Supervisor Moore advised that she was glad to have the pleasure of working with Ms. Holton and wished her well in her retirement. Supervisor McNamara expressed his appreciation and thanked Ms. Holton for her services, especially during June 23, 2009 517 each of the transition periods in the Clerk's Office. Ms. Holton thanked the Board members and County staff for their support of her and the Clerk's Office during her tenure. She also thanked her family for their support. She extended her congratulations and best wishes to Ms. Meador upon her appointment as Clerk to the Board. RESOLUTION 062309-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO BRENDA J. HOLTON, DEPUTY CLERK TO THE BOARD OF SUPERVISORS, UPON HER RETIREMENT AFTER TWENTY-TWO YEARS OF SERVICE WHEREAS, Brenda J. Holton was hired on May 1, 1987, as a Secretary in the County Administrator's Office and two years later was promoted to the position of Deputy Clerk to the Board of Supervisors; and WHEREAS, Ms. Holton will retire as Deputy Clerk to the Board on June 30, 2009, after a total of twenty-two years and two months of dedicated, loyal, and capable service with the County; and WHEREAS, during her time as Deputy Clerk, Ms. Holton, with her professionalism and easy-going nature, successfully served sixteen Board members, two County Administrators, and three Clerks; and WHEREAS, Ms. Holton embraced education and earned her certification as a Municipal Clerk and held membership in both the Virginia Municipal Clerk's Association and International Institute of Municipal Clerks for twenty years; and WHEREAS, Ms. Holton, as one of the County's first Webmasters, created the Board of Supervisors Internet and Intranet Web pages and encouraged other departments to utilize the County Web site to share and communicate information; and WHEREAS, Ms. Holton helped to transition the Board of Supervisors members from paper to electronic agendas and meetings saving both valuable time and resources; and WHEREAS, Ms. Holton was instrumental in the installation and maintenance of LaserFiche, a document management system that today includes microfilmed minutes of the Board meetings dating back to 1870; and WHEREAS, with care, precision, and skill, Ms. Holton researched and wrote countless meaningful Board recognitions and proclamations; and WHEREAS, with her strong organizational skills and attention to detail, Ms. Holton helped organize many special events, including the 1988 Sesquicentennial, rJ ~ 8 June 23, 2009 Year 2000 Celebration, investiture ceremonies, annual State of the County Addresses, Board of Supervisors retreats, and many regional and joint meetings. 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 BRENDA J. HOLTON for more than twenty-two years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 2. Resolution ratifying and confirming the appointment of Rebecca Beck R. Meador as Clerk to the Board of Supervisors R-062309-2 Chairman Altizer presented the resolution to Ms. Meador. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None Chairman Altizer expressed appreciation to Ms. Meador for the fine job that she has done through the transition period. The members of the Board expressed their confidence in Ms. Meador's abilities and congratulated her upon being appointed Clerk to the Board. They wished her much success in the future. Ms. Meador thanked the Board for their confidence and appointment. She vowed that she would do the best job possible as Clerk. June 23, 2009 519 RESOLUTION 062309-2 RATIFYING AND CONFIRMING THE APPOINTMENT OF REBECCA (BECKY) R. MEADOR AS CLERK TO THE BOARD OF SUPERVISORS WHEREAS, Section 15.2-1538 of the Code of Virginia, 1950 as amended, provides for the appointment of a Clerk for the Board of Supervisors; and WHEREAS, Ordinance #62789-4 adopted by the Board of Supervisors of Roanoke County on June 27, 1989, provides that the Board may appoint a County Clerk who shall serve at the pleasure of the Board and under the direction of the County Administrator, and who shall have the duties and responsibilities as set out in said ordinance and in the State Code; and WHEREAS, said ordinance provides that if the Board chooses not to appoint a County Clerk such duties and responsibilities shall be performed by the County Administrator. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby ratifies and confirms the appointment of Becky R. Meador as Clerk to the Board of Supervisors effective Monday, June 15, 2009, said appointment having been made by the County Administrator. 2. That Becky R. Meador shall exercise all of the powers and fulfill all of the duties of Clerk to the Board of Supervisors as provided in Ordinance #62789-4 and as provided in the Code of Virginia. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 3. Certificate of recognition to Chris Richardson, Northside High School, for winning first Ip ace in CAD-Architectural with Animation Level II at the Vir inia Technology Student Association T( SA) state competition Chairman Altizer presented the certificate of appreciation to Mr. Richardson. Also present were Dr. Lorraine Lange, School Superintendent; David Wymer, School Board member for the Catawba District, and Mr. Richardson's father. rJ20 June 23, 2009 Supervisor Church congratulated Mr. Richardson upon winning this award. He advised that Mr. Richardson would be attending Virginia Military Institute next year. He requested that Mr. Richardson explain the competition and the Technosphere Conference. Mr. Richardson advised that the Technosphere Conference is for Virginia Technology Student Associations and there are many different technology related events. His event was architectural design, and he was given a specific project and four hours to come up with blueprints, an overall design, build a model, a computer 3-D image, render outside images of the built project and create a 3-D computer walk- through. Dr. Lange, Mr. Wymer and the members of the Board congratulated Mr. Richardson for winning this award and wished him success in the competition in Denver. 4. Proclamation commemorating the 50th anniversary of Blue Ridge Beverage Company and proclaiming June 23, 2009, as Blue Ridge Beverage Day in Roanoke County Chairman Altizer presented the proclamation to members of the Archer family. Supervisor Church advised that last Thursday Mr. Goodman and staff toured the company and heard the story of its success. He introduced the family members who were present: Ms. Regine Archer, Chairman of the Board; Bob Archer, President and Chief Executive Officer; Jim Archer, Executive Vice-President and Chief June 23, 2009 521 Operations Officer; and Nancy Archer Doucette. Ms. Regine Archer advised that family members, Jacqueline L. Archer, Evelyn Archer Hunt and Paul Archer, were unable to attend. Mr. Bob Archer expressed his appreciation to the Board for this recognition on behalf of his family and the 140 employees at Blue Ridge Beverage. He advised that they moved to the County in 1975 and to their current facility in 1985, and he wanted to thank the local government for their role in their success. He stated that the County provided support for their business when it was needed and that is one of the reasons they are still here. They have enjoyed working on projects with the Economic Development Department and they are preparing for another fifty years in Roanoke County. He thanked everyone for their support during the years. Jill Loope, Assistant Director of Economic Development, advised that it was an honor and privilege to recognize a company and a family that is so stellar in terms of giving to the community. Through five decades this company and family have given significantly to the community and their contributions are appreciated. They give tirelessly of themselves individually and personally and their service to the County is significant and appreciated. The members of the Board congratulated the Archer family and wished them future success for their business for the next fifty years. rJ22 June 23, 2009 IN RE: PUBLIC HEARINGS 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2008-2009 budget and the fiscal year 2009-2010 budget in accordance with Section 15.2-2507, Code of Vir inia Brent Robertson, Director of Management and Bud et Mr. Robertson advised that this is a public hearing to secure citizens' comments concerning amending the fiscal year 2008-2009 budget by adjusting the aggregate amount to be appropriated during the fiscal year. The Code of Virginia provides that whenever such amendment exceeds one percent of the total expenditures or $500,000, whichever is lesser, the County must publish notice of a meeting and public hearing. This notice was published on June 16, 2009. The items specific to the public hearing include the following: (1) State Revenue reimbursements in the amount of $1,422,424 for fiscal 2008-2009 to the Department of Social Services for provided services; (2) Additional State Revenues in the amount of $775,000 to the Sheriff's office for State funded operating reimbursements; (3) $34,800 from the Western Virginia Regional Jail Authority for training provided by the Roanoke County Criminal Justice Academy for fiscal 2008-2009 and for approving the budget for $202,354 for the training academy for fiscal year 2009-2010; (4) Grant funds in the amount of $1,803,853 to Roanoke County Schools for fiscal year 2009-2010. Mr. Robertson advised that there is no fiscal impact as the result of this public hearing and June 23, 2009 523 requests for appropriations will occur later in the agenda. IN RE: A-062309-3 There were no citizens present to speak on these items. NEW BUSINESS 1. Request to accept and appropriate state revenue reimbursements in the amount of $1,422,424 for fiscal year 2008- 2009 to the Department of Social Services for provided services Brent Robertson, Director of Management and Bud et Mr. Robertson advised that the Department of Social Services receives throughout the year additional appropriations for public assistance and services delivered that are not included in their original budget. He gave examples of some of the more significant appropriations as follows: $126,000 in federal funds for foster children, $300,000 for special needs adoption, $300,000 for TANF/VIEW work and transitional child care, $100,000 for adoption subsidy and $130,000 for Child Care Block Grant. There is no fiscal impact and any local required matches are currently in the budget. Staff recommends that the Board approve the appropriation of $1,422,424 to the Social Services budget to be distributed in the programs identified and the appropriation of $1,422,424 in State revenue reimbursements. He advised that Dr. Betty McCrary, Director of Social Services, was present to answer specific questions. Supervisor Church advised that he is a member of the Social Service Advisory Board and wanted to publicly thank Dr. McCrary and her entire staff for their rJ24 June 23, 2009 efforts. He stated that he wished that the Board could approve more funds for the Social Services budget because when the economy took a significant downturn, their department's budget tripled due to the needs of citizens, especially from walk-in citizens. He hoped it would be the Board's goal when the economy improves to provide additional parking for employees and citizens in need of Social Services' assistance so that their vehicles will not be towed causing more financial hardship. He wanted to make his remarks public because the Social Service Department is a valuable commodity for Roanoke County and City of Salem. Supervisor Altizer moved to approve the staff recommendation as follows: (appropriation of $1,422,424 to the fiscal year 2008-2009 Social Services budget to be distributed in the following manner: $126,000 for AFDC -Foster Care; $300,000 Special Needs Adoption; $100,000 Auxiliary Grants; $87,000 for administration; $300,000 TANF/VIEW Work and Transitional Child Care; $99,036 Non- VIEW child care; $9,500 Head Start child care; $100,000 Adoption Subsidy; $1,563 Adoption Incentive; $20,000 Adult Services; $32,625 Independent Living; $300 Respite Care; $26,400 Foster Care Resource and Training; $130,000 Child Care Block Grant; and $90,000 VIEW purchase of service and to appropriate same revenues from the state). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None June 23, 2009rJ2cJ 2. Request to accept and appropriate additional state revenues in the amount of 775 000 to the Sheriff's Office for fiscal year 2008- 2009 budget for state funded operating reimbursements Brent Robertson, Director of Management and Bud et A-062309-4 Mr. Robertson advised that during fiscal year 2008-2009, as in previous years, the inmate population at the Roanoke County Salem Jail remained above capacity. As a result, operational costs such as outsourcing inmates to other facilities, food, utilities and medical costs continue to consume a substantial portion of the jails budget. Due to the inmate population, the sheriff is projecting expenditures related to inmate care to exceed the original budget allocations by $775,000 for the current fiscal year. The major driver of these increased costs is the outsourcing of prisoners. Due to the newly operating regional jail, adjustments to the sheriff's budget are expected for the fiscal year 2009-2010; however, it is hoped this adjustment will not be necessary in the next fiscal year. Mr. Robertson stated that staff has traditionally budgeted expenditures low and determined actual expenditures and revenues at the end of the year because State reimbursements for Commonwealth responsible prisoners are subject to State prisoner population, General Assembly appropriations and political factors, which are variables difficult to consider revenue projections. 526 June 23, 2009 Mr. Robertson advised that there is no fiscal impact, these are 100 percent State funds and contractual reimbursements are included in the sheriff's budget. Staff recommends that the Board approve an appropriation adjustment to recognize an additional $775,000 of revenue for fiscal year 2008-2009 for personnel and operations reimbursement and increasing the fiscal year 2008-2009 sheriff's department budget by $775,000. There was no discussion. Supervisor Altizer moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 3. Request to accept and appropriate 34 800 from the Western Vir inia Regional Jail Authority for trainin provided ~ the Roanoke County Criminal Justice Academy for fiscal year 2008- 2009; and approving the budget of 202 354 for the Training Academy for fiscal year 2009-2010 John M. Chambliss, Jr., Assistant County Administrator; and J. Ray Lavinder, Chief of Police A-062309-5 Mr. Chambliss advised that staff is requesting that the Board approve several actions for this item. The first action is to adjust the current year's budget to June 23, 2009 527 recognize the contribution of $34,800 from the Western Virginia Regional Jail Authority for the training that the Criminal Justice Academy provided for staff at the regional jail so the jail could open this spring. As a second item, staff requests that the Board approve the budget and appropriate monies related to the Criminal Justice Academy for fiscal year 2009-2010 in the amount of $202,354. The receipts for this budget will come as transfers from the Roanoke County Police Department and Roanoke County Sheriff budgets, payments by the Western Virginia Regional Jail and fees paid by any other using agency that participates in the Academy training classes or in-service style training. No new County monies are required for this effort. Mr. Chambliss advised that staff is requesting that these accounts be approved to provide for these funds on an ongoing basis; similar to an enterprise type operation. Mr. Chambliss reported that Ray Lavinder, Chief of Police, was present to answer questions. In response to Supervisor Altizer's inquiry, Mr. Chambliss advised that the $25,100 in the Academy's budget for professional services covers specialized services for certification and accreditation items beyond the County's expertise. Supervisor Altizer asked for clarification that the $25,100 for professional services was not being budgeted in both the Police Department and Academy's budgets. Mr. Chambliss advised that this item is part of a separate group of accounts to maintain the accountability for the revenue and expenditures of the Roanoke County Criminal Justice Academy. rJ28 June 23, 2009 Supervisor Flora moved to approve the staff recommendation, which included the following: (1) Authorize staff to establish a new fund to account for the revenue and expenditures of the Roanoke County Criminal Justice Academy; (2) Accept the payment from the Western Virginia Regional Jail in the amount of $34,800 and appropriate to the Roanoke County Criminal Justice Academy for fiscal year 2008- 2009; (3) Approve the budget and appropriate the same on behalf of the Roanoke County Criminal Justice Academy in the amount of $202,354 for fiscal year 2009-2010; (4) Authorize staff to accept and appropriate all future payments from other criminal justice agency participants to the Roanoke County Criminal Justice Academy to offset operational and training expenses incurred by the Academy. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 4. Resolution determining that Appalachian Power Company is the only source practicably available to rovide electric service and street li htin service to the County and approving the contracts for such services upon certain terms and conditions Anne Marie Green, Director of General Services R-062309-6 Ms. Green advised that Roanoke County participates in a negotiating committee through Virginia Municipal League and the Virginia Association of Counties June 23, 2009rJ29 to negotiate electric rates with American Electric Power or Appalachian Electric Power Company (APCo). The committee, which is made up of the public authorities served by APCo, is represented by the Richmond law firm of Williams Mullen, and a consultant hired to assist with negotiating a new contract for electric service and street lights. The contract is now ready for approval effective July 1, 2009, for three years and will recognize APCo as the sole source. Ms. Green explained that the new contract includes that the public authorities will receive a "surcredit" that will total $5.25 million dollars over the three years of the contract based on usage, and will be applied as a credit. Also, APCo will install meters to measure the public authorities' loads, and will use that information to negotiate a new contract at the end of the three years, which will be based on the actual cost of providing service. According to the Committee's consultant, the public authorities have been receiving a very favorable rate on street lighting, so the contract calls for an annual $100,000 aggregate increase in those rates for the three years. APCo has agreed to develop a Voluntary Energy Efficiency Program for the public authorities and will contribute a total of $450,000 to fund the program, which will be developed by the Steering Committee. In addition to the terms of the contract, APCo has agreed to a new contract for service with the Western Virginia Water Authority for the cost of electricity to Spring Hollow Reservoir. Ms. Green advised that the fiscal impact depends upon the amount of electricity that the County uses and the increase of $100,000 for street lighting will be 530 June 23, 2009 spread among all public authorities, and should have a minimal impact on the County's budget for that service. General Services is in the process of implementing a performance contract for reduction of usage of all utilities and anticipates that at least in the short run, the impact of increases in rates of electricity will be small. Ms. Green recommended that the Board adopt a resolution, which calls for APCo being noted as a sole source for the provision of electric energy for the County, and authorize the County Administrator to sign the contract for the three-year period beginning July 1, 2009. There was no discussion. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 062309-6 DETERMINING THAT APPALACHIAN POWER COMPANY IS THE ONLY SOURCE PRACTICABLY AVAILABLE TO PROVIDE ELECTRIC SERVICE AND STREET LIGHTING SERVICE TO THE COUNTY AND APPROVING THE CONTRACTS FOR SUCH SERVICES UPON CERTAIN TERMS AND CONDITIONS WHEREAS, the VML/VACo APCo Steering Committee (Committee) comprised of representatives of local governments and political subdivisions has for many years negotiated on behalf of such governmental units within the service area of Appalachian Power Company (sometimes dba American Electric Power) (APCo) the terms of standard contract forms which have included rates for the purchase of electricity supply and delivery service and for the installation, maintenance and delivery service for street lights by and for such governmental units from APCo as a single or sole source provider; and June 23, 2009 531 WHEREAS, the County's most recent contract for the purchase of electricity supply and for street lighting service will terminate on June 30, 2009; and WHEREAS, the Committee has recommended that all jurisdictions in the APCo service area approve and adopt these electricity service contracts at the rates and subject to the conditions all as set forth in the negotiated agreement; and WHEREAS, in consideration whereof, APCo is the only source practicably available which can and will supply electricity service and delivery thereof and to supply street lighting service for the entire needs of the County at established rates for such services. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. Since APCo is the only electricity generation provider which can and will contract to supply electricity service and delivery and to supply street lighting service to the County for the entire needs of the County at established rates for such service for a three year term commencing July 1, 2009, it is hereby determined by this Board that APCo is the only source practicably available to provide such services. 2. This Board accepts the offer of APCo for a contract for electric service and for street lighting service for a three year term commencing July 1, 2009. 3. The County Administrator and the Clerk to the Board of Supervisors are authorized to execute and attest, respectively, and deliver on behalf of this Board, in form approved by the County Attorney, all documents and take such actions as shall be deemed necessary and appropriate to carry out and administer this approval. 4. In compliance with Section 2.2-4303.E of the Code of Virginia governing sole source procurement, the County's Purchasing Agent is hereby directed this day to post a certified copy of this resolution in the County's public area for posting such notices. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 5. Resolution approving an agreement between the City of Roanoke and the County of Roanoke for shared use and maintenance of the open recreational land at the Veterans Affairs Medical Center V( AMC) Mark Courtright, Assistant Director of Parks, Recreation and Tourism R-062309-7 rJ32 June 23, 2009 Mr. Courtright advised that staff is requesting that the Board adopt a resolution to approve an agreement between the City of Roanoke and the County of Roanoke to share the use and maintenance of the recreational land located at the Veterans Affairs Medical Center (VAMC) in Salem. This opportunity for regional cooperation began after the City of Roanoke entered into an agreement with the VAMC to utilize its 6.5 acres of open recreational land for the City's youth programs. The City's five-year agreement with the VAMC began on July 1, 2008, and permitted their use of the recreational space from July 1 to December 31 each year. The Roanoke City agreement was made possible by the federal regulations that permit the VAMC to enter into agreements with neighboring governmental properties. Mr. Courtright continued that the City of Roanoke and the County of Roanoke recognize the demand for playing fields in the Roanoke Valley and the challenge to maintain safe, quality playing surfaces. The agreement being proposed between the City and County will allow Roanoke County to schedule recreational practices on the site, thus minimizing the wear and tear on the County's athletic complexes. Additionally, non-sanctioned clubs will be permitted to rent the VAMC's fields through Roanoke City's Parks and Recreation Office, which will also reduce additional playing time on the City and County fields. The revenues generated through the rentals will be used to fund the shared maintenance program as outlined in the agreement. June 23, 2009 533 Mr. Courtright continued that this partnership creates awin-win situation for all parties and especially for the citizens as the agreement will help to maintain and provide much-needed safe and playable athletic fields. There is no fiscal impact since Roanoke City will purchase all materials and fund the necessary contracts to maintain and operate the facility. The remaining revenues will be split between the City and the County to reimburse staff time spent to maintain the complex. He requested that the Board approve the agreement between the City of Roanoke and the County of Roanoke for shared use and maintenance of the open recreational land located at the VAMC. Supervisor Church commented that approval of this agreement will provide needed recreational facilities, better services for citizens, reduce wear and tear on County facilities and help the County financially. He stated that the complex is in a great location and easily accessible. He advised that approval of the agreement will be a positive move for the County. Supervisor McNamara asked Mr. Courtright to comment on how the fees to rent the fields will be structured now relative to the way the fees were structured before Roanoke City took control of the fields. Mr. Courtright advised that the field reservation request is being administered by the City of Roanoke, the fees are posted on line and currently three different groups rent fields based on a cost per hour. Mr. Courtright advised that a fee of $12.50 per hour is being presented at $15.00 per hour and the City is looking at some fee increases; however, the fees are relatively about 534 June 23, 2009 the same as several years ago. Supervisor McNamara commented that the City will benefit because the County will bring additional teams to complete the usage of the fields. Mr. Courtright advised that the agreement will benefit Roanoke City because the City and County will share the maintenance of the facility according to the agreement. Mr. Courtright advised that the complex is a great location and the County wants to maintain the property as well as improve it for the users. 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 062309-7 APPROVING AN AGREEMENT BETWEEN THE CITY OF ROANOKE AND THE COUNTY OF ROANOKE FOR SHARED USE AND MAINTENANCE OF THE OPEN RECREATIONAL LAND AT THE VETERANS AFFAIRS MEDICAL CENTER (VAMC) WHEREAS, the Veterans Affairs Medical Center (VAMC) in Salem, Virginia owns 6.5 acres of open recreation land on its premises which it desires to make available for recreational use by citizens of the Roanoke Valley; and WHEREAS, federal regulations require that any lease of such federal property must be with a locality which is immediately adjacent to the federal facility involved; and WHEREAS, the City of Roanoke has entered into a lease agreement with VAMC for the use of this 6.5 acres for recreational purposes and wishes to partner with Roanoke County for the use of this land for scheduled practices and associated maintenance of said land; and WHEREAS, an agreement has been negotiated between the City of Roanoke and Roanoke County which will permit the County to schedule recreational practices on the VAMC fields and thereby reduce wear and tear on existing County fields and; and June 23, 2009 535 WHEREAS, any revenues generated from rental of the VAMC field's will be utilized to fund shared maintenance costs at this location with no anticipated fiscal impact to the operations of the Roanoke County Department of Parks, Recreation and Tourism. NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the negotiated Agreement between the City of Roanoke and Roanoke County for Shared Use and Maintenance of the Open Recreational Land at the Veterans Affairs Medical Center (VAMC), located in Salem, Virginia, is hereby approved.. 2. That the Director of Roanoke County Department of Parks, Recreation and Tourism is hereby authorized to execute such agreement on behalf of Roanoke County upon such form as shall be approved by the County Attorney. 3. That this Resolution and the Agreement shall become effective from and after July 1, 2009. 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 6. Resolution granting a waiver to The Freedom Center under Section 13-23 of the Roanoke County Code to the provisions of the County's noise ordinance, Article II. Noise of Chapter 13: Offenses = miscellaneous Pete Haisli Director of Parks, Recreation and Tourism; Wendi Schultz, Tourism and Event Coordinator) R-062309-8 Mr. Haislip advised that the Freedom Center has for several years operated a wonderful community event open to the public with entertainment and a Fourth of July fireworks show. The Freedom Center thought it was appropriate to make a precautionary request that the Board approve extending the noise ordinance due to 536 June 23, 2009 their concern that inclement weather could cause the fireworks show to be held late. Ms. Schultz advised that this will be the third year for the event. The Freedom Center runs an excellent event, and to date they have not gone beyond the 10:00 p.m. stipulation in the County's noise ordinance. However, the fireworks begin at 9:40 p.m. and as this event has gotten more popular, the Freedom Center is concerned that they not do anything that might prohibit the event from occurring in the future. They want to make sure they abide by all County guidelines. They have requested that the Board grant an extension of the County's noise ordinance until 11:00 p.m. in the event they are unable to start the fireworks show on time. She advised that this is a family oriented free event and approximately 8,000 to 9,000 people attended last year. Supervisor McNamara advised that he attended the event two years ago and there was a significant traffic situation due to a traffic light not being controlled and one police officer directing traffic out of Green Hill Park. He inquired if plans had been made to have sufficient personnel to control the traffic flow this year. Ms. Schultz responded that after the traffic situation occurred at the event's first year, staff met with Donna Furrow, Assistant Police Chief, and discussed how to avoid these issues in the future. Ms. Schultz commented that one issue was that the City of Salem had only one police officer assigned and the other issue involved the flow of traffic coming out of the park. Last year they had more police officers and volunteers directing the traffic out of the park and the traffic situation did not occur again. June 23, 2009 537 Supervisor Flora inquired if staff had any negative feedback about the fireworks from the neighbors in the area. Ms. Schultz replied that they received negative feedback about the traffic issue the first year; however, they have received no negative feedback about the fireworks. Supervisor Church advised he knew Mr. Haislip and Ms. Schultz would contact him for assistance if there were any problems with this event. He stated that he knew there were traffic concerns the first year. He advised that the pastors of The Freedom Center contacted him about conducting the event properly and were concerned about potential problems. Supervisor Church commented that the 10:00 p.m. requirement would not be reasonable since at least 8,000 people would have to leave the park. This is a family event and he felt the County should encourage it. He advised that at the appropriate time, he would move approval of the request. Mr. Haislip advised that, for the record, the City of Salem has always cooperated with the County in the past and they have a great working relationship with the City of Salem. 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 062309-8 GRANTING A WAIVER TO THE FREEDOM CENTER UNDER SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, 538 June 23, 2009 ARTICLE II. NOISE OF CHAPTER 13. OFFENSES - MISCELLANEOUS WHEREAS, The Freedom Center, anon-denominational church located in Salem, VA, will be holding a free public event on Saturday, July 4, 2009, beginning at 4:00 p.m. and closing with a fireworks display at 9:45 p.m. in Green Hill Park; the event will include a variety of activities, music, food and crafts vendors; and WHEREAS, in order to accommodate the advertised time frame and any possible delays due to weather for this event and the fireworks display, The Freedom Center is requesting a waiver of the County noise ordinance for one hour from 10:00 p.m. until 11:00 p.m., on Saturday, July 4, 2009; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance to avoid undue hardship upon consideration of certain factors set forth in sub-section (b) of Section 13-23 and after making certain alternative findings. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the provisions of Section 13-21. Specific acts as noise, sub-section (5) and Section 13-20. General prohibition of Article II. Noise be WAIVED for a period of one (1) hour until 11:00 p.m. on Saturday, July 4, 2009. 2. That this Waiver is granted specifically to The Freedom Center for any noise disturbance created as a result of the event and fireworks display from 4:00 p.m. until 11:00 p.m. in Green Hill Park on Saturday, July 4, 2009. 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 IN RE: SECOND READING OF ORDINANCES 1. Second reading and adoption of an ordinance authorizing execution of an agreement and the donation ~ lease of office space in the Roanoke County Public Service Center to the Roanoke Valley Greenway Commission Pete Haisli Director of Parks, Recreation and Tourism 0-062309-9 June 23, 2009 539 Mr. Haislip advised that there have been no changes since the first reading of the ordinance for a lease agreement with the Roanoke Valley Greenway Commission for office space in the County's Kessler Mill facility. He requested that the Board approve the ordinance. There was no discussion. 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 062309-9 AUTHORIZING EXECUTION OF AN AGREEMENT AND THE DONATION BY LEASE OF OFFICE SPACE IN THE ROANOKE COUNTY PUBLIC SERVICE CENTER TO THE ROANOKE VALLEY GREENWAY COMMISSION WHEREAS, Ordinance 040897-6 authorized execution of an intergovernmental agreement establishing the Roanoke Valley Greenway Commission between the City of Roanoke, the City of Salem, the County of Roanoke, and the Town of Vinton pursuant to Section 15.1-21 of the 1950 Code of Virginia, as amended; and WHEREAS, Section 15.2-1300 F, successor to Section 15.1-21, of the 1950 Code of Virginia, as amended, provides authority for any political subdivision entering into such an agreement pursuant to this State Code section to "sell, lease, give or otherwise supply ... such property, personnel or services therefore as may be within its legal power to furnish" to this intergovernmental commission; and WHEREAS, the Greenway Coordinator has been housed at the Roanoke County Administration Center since October, 1997, under successive lease agreements, the most recent of which was agreed upon in 2004 for a term of five (5) years; and WHEREAS, pursuant to Section 16.01 of the Roanoke County Charter, the Board of Supervisors has determined that certain office space in the Roanoke County Public Service Center is now temporarily surplus and available for other public uses, and that the donation by lease of this office space to the Commission will serve other public uses; and 540 June 23, 2009 WHEREAS, the Board of Supervisors desires to continue its relationship with the Roanoke Valley Greenway Commission and to retain the flexibility to move the Commission's office space to other county owned buildings should the need arise; and WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on June 9, 2009; and the second reading was held on June 23, 2009. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That it is in the County's best interests to enter into an agreement to document the working relationship between the County and the Commission and to provide for the donation by lease of office space to the Commission in the Roanoke County Public Service Center or other appropriate location in county owned buildings should circumstances require. 2. That the County Administrator is authorized to negotiate and to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the purposes of this transaction, all of which shall be upon a form approved by the County Attorney. 3. That this ordinance shall be effective from and after 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: APPOINTMENTS 1. Clean Valley Council (At-Large) Supervisor Moore recommended the appointment of Adam Cohen. It was the consensus of the Board to place confirmation of his appointment on the Consent Agenda. 2. Court Community Corrections Program Regional Community Criminal Justice Board Chairman Altizer advised that Mr. Goodman recommended that Dan O'Donnell be appointed to replace John M. Chambliss, Jr. It was the consensus of the June 23, 2009 541 Board to appoint Mr. O'Donnell and place confirmation of his appointment on the Consent Agenda. 3. League of Older Americans Board of Directors (appointed LOA and ratified ~ the Count Chairman Altizer advised that the League of Older Americans Board of Directors had requested that the Board ratify the appointment of Pamela Bernado to serve athree-year term that will expire on March 31, 2011. It was the consensus of the Board to ratify the appointment of Ms. Bernardo and place ratification of her appointment on the Consent Agenda. 4. Regional Center for Animal Control and Protection R( CACP) Chairman Altizer advised that Mr. Goodman recommended the appointment of Donna Furrow to replace John M. Chambliss, Jr. It was the consensus of the Board to appoint Ms. Furrow and place confirmation of her appointment on the Consent Agenda. 5. Roanoke County Community Leaders Environmental Action Roundtable (RC-CLEAR) for the ICLEI Program (appointed District Supervisor Moore appointed Gene Marrano to represent the Cave Spring Magisterial District. Confirmation of his appointment was placed on the Consent Agenda. rJ42 June 23, 2009 6. Roanoke County Community Policy and Management Team Chairman Altizer advised that Mr. Goodman recommended the appointment of Dan O'Donnell as Administrative Representative to replace John M. Chambliss, Jr., and appointment of Diane Hyatt as Mr. O'Donnell's alternate. It was the consensus of the Board to appoint Mr. O'Donnell as Administrative Representative and Ms. Hyatt as alternate. Confirmation of these appointments was placed on the Consent Agenda. 7. Roanoke Va11ey Juvenile Detention Commission Chairman Altizer advised that Mr. Goodman recommended the appointment of Dan O'Donnell to replace John M. Chambliss, Jr. It was the consensus of the Board to appoint Mr. O'Donnell and place confirmation of his appointment on the Consent Agenda. 8. Roanoke Va11ey Resource Authority Chairman Altizer advised that Mr. Goodman recommended the appointment of Rebecca Owens to replace Diane Hyatt. It was the consensus of the Board to appoint Ms. Owens and place confirmation of her appointment on the Consent Agenda. 9. Social Services Advisory Board (appointed ~ District Chairman Altizer advised that Supervisor Flora reappointed Dorothy Hayes, Hollins Magisterial District, to serve an additional term. Confirmation of her appointment was placed on the Consent Agenda. June 23, 2009 543 10. Western Vir inia Regional Jail Authority Chairman Altizer advised that Mr. Goodman recommended the appointment of Diane Hyatt as Administrative Representative to replace John M. Chambliss, Jr., and appointment of B. Clayton Goodman III, as Ms. Hyatt's alternate. It was the consensus of the Board to appoint Ms. Hyatt as Administrative Representative and B. Clayton Goodman III as alternate and place confirmation of these appointments on the Consent Agenda. IN RE: CONSENT AGENDA R-062309-10 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 062309-10 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H -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 June 23, 2009 designated as Item H -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows: 1. Confirmation of committee appointments 2. Request to accept and appropriate grant funds in the amount of $1,803,853 to Roanoke County Schools for fiscal year 2009-2010 3. Request to approve an application for an Edward Byrne Memorial Justice Federal Grant 544 June 23, 2009 4. Request to grant the Roanoke County Chief of Police authorization to enter into an agreement with the Town of Vinton Police Department allowing utilization of the Roanoke County Police Department's Virtual Private Network (VPN) infrastructure 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 resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 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 =Mav 31, 2009 5. Treasurer's Statement of Accountability der Investment and Portfolio Policy as of Mav 31' 2009 6. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances for the month ended Mav 31' 2009 7. Comparative Statement of Budgeted and Actual Revenues for the month ended Mav 31' 2009 June 23, 2009 545 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore: She invited the citizens of the Cave Spring District to the next community meeting to be held on June 29, 2009, at 7:00 p.m., at the home of Angie and Buck Beckner, 5335 Silver Fox Road. These are informative meetings for citizen input. Supervisor Church: He requested that Anne Marie Green, Director of General Services, give an update on the trash pick-up situation on Garth Drive and assured the residents that the County is trying to resolve the issue. He stated that he spoke with Mr. Farley for almost an hour last night. He commented that there is some feuding going on about locations of trash cans and the neighbors need to get along a little better. He feels this situation has turned into a bit of a storm and an agreement needs to be reached. Ms. Green explained that the County ordinance states that trash receptacles are to be removed from the right-of-way the morning following the scheduled pick-up. Since the Catawba District is mostly rural, some residents leave their receptacles at the ends of their long driveways because it is difficult to move them back and forth. This became an issue when the ordinance was last changed and the residents nearest to where the receptacles are located wanted the ordinance enforced. The Solid Waste Department had been working on resolving this issue when it was complicated by the ordinary truck turnaround no longer being accessible due to paving, and services to Garth Drive had to be suspended temporarily. The residents have been 546 June 23, 2009 mailed letters that the turnaround problem has been, at least temporarily, resolved and the placement of the receptacles has hopefully been resolved and trash pick-up can resume. Supervisor Flora: He thanked Mr. Goodman for arranging today's tours of the new County facilities. He was particularly impressed with the new Hollins Fire Station and feels it will certainly improve service in the area. Supervisor Altizer: (1) He thanked the Board for its emergency approval of the lease for the relocation of the Mount Pleasant library due to the renovation of the elementary school. He noted when the hours were extended at this branch, citizen usage increased dramatically. Since the relocation, daily usage has increased over 40 percent from this time last year. He stated this is a great location that the citizens have responded to very well. (2) He informed the Mount Pleasant and Franklin County citizens that, beginning July 13, 2009, part of Route 116 will be closed. There will be a detour from Mayfield Drive, going by the elementary school on Mount Pleasant Boulevard, back onto Route 116. It will be an inconvenience for three to four weeks, but will be a much needed safety improvement for sight distance. The Virginia Department of Transportation (VDOT) will be cutting the height of Route 116 by three and one-half feet, resulting in about eighty feet of sight distance. This is being done with revenue sharing funds and will save approximately $400,000 not to close the road. (3) He also informed the citizens that there will be a work session with VDOT at the July 14, 2009, Board meeting regarding not allowing tractor-trailer traffic on Route 116. June 23, 2009 547 He is informed that several of the Franklin County Supervisors will also attend. IN RE: CLOSED MEETING At 4:22 p.m., Supervisor Altizer moved to go into closed meeting following the work session pursuant to the Code of Virginia Section 2.2-3711 A 1 discussion or consideration of the performance of specific public officers, namely the performance evaluation of the County Attorney. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CANCELLATION OF EVENING SESSION At 4:23 p.m., Chairman Altizer advised that the Board would move to a scheduled work session and that the evening session would not be held due to there being no advertised public hearings. IN RE: CLOSED MEETING A closed meeting was held from 4:37 p.m. to 4:51 p.m. IN RE: WORK SESSIONS 1. Work session on the County's legislative program and preparation for the 2010 session of the Vir inia General Assembly Paul Mahoney, County Attorney; Eldon James, Legislative Liaison The work session was held from 4:52 p.m. to 6:06 p.m. 548 June 23, 2009 Mr. Mahoney advised that he and Mr. James were present to begin planning for the Board's legislative initiatives for the 2010 session of the General Assembly. Mr. James reviewed some of the results of the County's legislative proposals in the 2009 session of the General Assembly. Mr. Mahoney advised that Mr. James recently met with County staff to brainstorm issues that the County may face and consider issues already raised by the Board members for the 2010 session. Mr. Mahoney reviewed the six items listed in his Board report, which is on file in the Clerk's Office, for consideration as the Board's initiatives for the 2010 session. After discussion, the Board members gave directions to Mr. Mahoney concerning these items. Mr. Mahoney advised that Mr. James and County staff will begin discussing these legislative initiatives with members of the Roanoke Valley legislative delegation in July, August and September in preparation for the 2010 session. IN RE: CLOSED MEETING The closed meeting was continued from 6:10 p.m. until 6:39 p.m. IN RE: CERTIFICATION RESOLUTION R-062309-11 At 6:39 p.m., Supervisor McNamara moved to adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None ,tune 23, 2009 549 RESOLUTION Ofi2309-11 CERTIFYING THE CLOSED MEETING VtiIAS HELD IN CoNFoRMITYI~ITH'rHE CODE oFVIRGINIA 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.~-3112 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted inconformity 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 member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2.Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: ADJOURNMENT Supervisor Church moved to adjourn the meeting at 6:41 p.m. The motion carried by a unanimous voice vote. Submitted by: Becky R. M ador Clerk to the Board Approved by: r Michael W. Altizer Chairman 550 June 23, 2009 This page left blank intentionally.