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HomeMy WebLinkAbout7/28/2009 - RegularJuly 28, 2009 583 County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 July 28, 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 July 2009. IN RE: CALL TO ORDER 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: B. Clayton Goodman III, County Administrator; John M. Chambliss, Jr., Assistant County Administrator; Daniel R. 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 Pastor Jake Huffman, Villa Heights Baptist Church. The Pledge of Allegiance was recited by all present. 584 July 28, 2009 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing the appreciation of the Board of Supervisors to Robert Jernigan, Risk Manager, upon his retirement after more than twenty-six nears of service R-072809-1 Chairman Altizer presented the resolution to Mr. Jernigan. Also present for the recognition was Mr. Jernigan's wife. 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 and the members of the Board expressed appreciation to Mr. Jernigan for his many years of service, hard work and friendship. They congratulated him upon his retirement and wished him well. Mr. Jernigan expressed appreciation to the Board members and everyone for their support during the past years. He especially thanked Pam Beason and Joe Ann Martin from the Risk Management Department for their support, the great job that they do and for their friendship. He has enjoyed working with the County for all of his employment and he expressed appreciation to the Board members for their kind words. He advised that he will enjoy his retirement. July 28, 2009 585 RESOLUTION 072809-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS TO ROBERT JERNIGAN, RISK MANAGER, UPON HIS RETIREMENT AFTER MORE THAN TWENTY- SIX YEARS OF SERVICE WHEREAS, Robert Jernigan was first employed by Roanoke County on November 10, 1982, as Chief Accountant and was promoted to Risk Manager on August 8, 1988; and WHEREAS, Mr. Jernigan retired from Roanoke County on July 1, 2009, as Risk Manager after twenty-six years and seven months of dedicated service; and WHEREAS, Mr. Jernigan was responsible for the establishment of several invaluable programs in the areas of Risk Management, Worker Compensation and Safety Compliance; and WHEREAS, Mr. Jernigan's expertise was instrumental in the design, implementation and success of property, casualty, liability and fidelity insurance policies; and WHEREAS, Mr. Jernigan represented Roanoke County on numerous advisory boards and committees including the Length of Service Awards Program Board/Volunteer Incentive Board, Self- Insurance Board of Trustees, Health and Safety Committee for Fire and Rescue, Automobile Accident Review Committee and Worker's Compensation Review Committee; and WHEREAS, Mr. Jernigan, recognizing the importance of networking, became known around the state and nation as a proud representative of Roanoke County with his many professional affiliations, including Safety Council of Southwest Virginia, Virginia Public Risk Management Association, Virginia Self Insurer's Association, National Safety Council and National Risk Management Association; and WHEREAS, throughout his tenure with Roanoke County, Mr. Jernigan has become known for his warmth, laughter and generosity and has continually displayed the highest standards of integrity, honor and character thereby consistently improving the quality of life of his fellow employees and citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to ROBERT JERNIGAN for more than twenty-six 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 586 July 28, 2009 IN RE: NEW BUSINESS 1. Resolution establishing a multijurisdictional family violence fatality review team Jose h B. Obenshain, Senior Assistant County Attorney; Ellen S. Weinman, Attorney at Law R-072809-2 Mr. Obenshain introduced Ellen Weinman, his friend and colleague, a County resident and a member of the Salem Roanoke County Bar Association. He advised that Ms. Weinman will review the background of the proposed regional family violence fatality review team. Mr. Obenshain stated that family violence has a damaging impact on families and when a fatality is involved, that impact expands and affects many others including the children, siblings, parents, co-workers, neighbors and professionals involved. He advised that early in his law practice in Montgomery County a client of his was shot and killed by her husband on the City Market and this had a great impact on him and others. Unfortunately, the people committing these acts do not respect jurisdictional boundaries. There could be a protective order issued in one jurisdiction, yet the parties are living in another jurisdiction, or there may be multiple agencies involved with mental health, the court system or counselors. The purpose of this proposal is to establish a team to discover ways to prevent family violence and educate the public and professionals to work together after prosecutions or legal proceedings are finished. July 28, 2009 rJ87 Ms. Weinman stated that the effort to establish this team was begun in 2000 when the Medical Examiner's office put together a statute that authorized the creation of these teams around the State. They tried to get this team functioning in the Roanoke Valley in 2001 and the Roanoke County Board of Supervisors approved a resolution to establish a regional team at that time. Unfortunately, the cities of Roanoke and Salem, and Town of Vinton were not part of the effort at that time and therefore the team did not move forward. Several years ago, there were a number of domestic violence deaths in the Roanoke Valley and people started looking to establish the team again. The City of Salem has already adopted a resolution similar to the resolution proposed for Roanoke County and it is her understanding that Roanoke City and the Town of Vinton each plan to adopt a resolution. The team hopes to have the support of the Commonwealth Attorney's office. The Police Department has been working with the committee to get the team established. This team will provide another opportunity to look for better ways to help victims of family violence and perhaps prevent deaths. Supervisor Church advised that he serves on the Social Services Advisory Board and that Ellen Kuhnel, Assistant County Attorney, does a great job working with Social Services. He advised that the exposure with the Social Services Advisory Board puts him in touch with the negative aspects of life that have no boundaries. He hopes that sharing information will be a proactive approach to help combat and prevent this kind of violence. He thanked Mr. Obenshain and Ms. Weinman for their efforts and advised that he thought the Board would support their request. rJ88 July 28, 2009 Supervisor Flora commented that it is a sad commentary on society that this kind of violence has to be dealt with and it seems that family violence increases when the economy is down. This violence affects many lives including the immediate and extended families and friends and has no boundaries. He thinks that the team will do a great job although he wishes it was not necessary. Mr. Obenshain advised that Ray Lavinder, Roanoke County Chief of Police, was very supportive of this effort; however, he could not be present. He advised that Dr. Betty McCrary, Director of Social Services, was also very supportive of the effort. He echoed Supervisor Flora's comments that family violence does not respect boundaries and can have an impact almost anywhere. Mr. Obenshain requested that the Board approve the resolution to establish the team. 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 072809-2 ESTABLISHING A MULTIJURISDICTIONAL FAMILY VIOLENCE FATALITY REVIEW TEAM WHEREAS, the General Assembly of Virginia has adopted legislation designed to address issues arising from family violence fatalities, upon the request of the Virginia Commission on Family Violence task force; and WHEREAS, Section 32.1-283.3 of the Code of Virginia, 1950, as amended, authorizes localities or combinations of localities to establish violence review teams "to examine fatal family violence incidents and to create a body of information to help prevent family violence fatalities"; and July 28, 2009 589 WHEREAS, family violence has destructive consequences for families and individuals in our area and by identifying and describing trends and patterns of domestic violence-related deaths, a violence review team may serve to identify interventions designed to prevent such fatalities and to increase coordination and communication between agencies providing services to families experiencing domestic violence; and WHEREAS, the Commonwealth's Attorney of Roanoke County and the Chief of Police of Roanoke County have requested that the Board of Supervisors of the County of Roanoke establish a family violence fatality review team jointly with any one or more of the City of Roanoke, the City of Salem, Roanoke County and the Town of Vinton; and WHEREAS, the Board of Supervisors agrees that the establishment of such a joint review team would serve important public safety and public health purposes and therefore wishes to establish such a team in cooperation and coordination with the other localities in the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of Roanoke County, Virginia, as follows: 1. The County of Roanoke hereby joins to create a multijurisdictional Family Violence Fatality Review Team (the "Review Team") in combination with those jurisdictions, including the City of Roanoke, the City of Salem and the Town of Vinton, which likewise chose to join in this Review Team. 2. The purposes of the Review Team shall be the following: a. To evaluate events that lead to family violence fatalities; and b. To engage local government and private agencies, organizations and systems which provide services to or come in contact with victims and perpetrators of family violence in order to provide increased communication and collaboration among such entities involved and to identify gaps in responses and services in order to decrease the level of such family violence in our communities; and c. To offer recommendations to all concerned that will benefit the community and improve public safety and health; and d. To operate under the assumption that all persons and agencies involved care deeply about preventing violence within the family and will operate in good faith, using the best judgment and information available at the time. 3. The Review Team shall have the authority to review the facts and circumstances of all fatal family violence incidents that occur within the member jurisdictions. All information and records obtained or created regarding the review of fatalities shall be considered confidential and shall be subject to exclusion pursuant to the provisions of subdivision 9 of Section 2.2- 3705.5 of the Virginia Freedom of Information Act. 590 July 28, 2009 4. The Review Team may consist of representatives from the member jurisdictions as set forth in Section 32.1-283.3 (D) of the Code of Virginia, 1950, as amended, and may include such employees of Roanoke County as the County Administrator may designate upon the recommendation of the Chief of Police and the Director of the Department of Social Services. 5. The members of the Review Team shall serve in such capacity without compensation and shall be entitled to the full extent of immunity from civil liability as afforded by subdivision G. of Section 32.1-283.3 of the Code of Virginia, 1950 as amended. 6. The Review Team shall submit periodic reports to the Board of Supervisors in order for the Board to evaluate the need for the continuation of the Review Team and its activities. 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: FIRST READING OF ORDINANCES 1. First reading of an Ordinance authorizing conveyance of a 20' water line easement to the Western Vir inia Water Authority to be located within a ublic right-of-way known as Townsend Road, said right-of-way havin been dedicated to the Board of Supervisors, Hollins Magisterial District Paul Mahoney, County Attorne Mr. Mahoney advised that this is the first reading of an ordinance to grant an easement to the Western Virginia Water Authority (WVWA) to install a water line in the right-of-way known as Townsend Road. This road, which was dedicated to Roanoke County by virtue of a subdivision plat in 1956, has never been improved to State standards, and is not in the State secondary road system. By virtue of that subdivision plat, the ownership and title to that road has been dedicated to the County and by this July 28, 2009 591 ordinance, the County will be granting an easement to the WVWA to extend the water line as shown in the plat of the property, which is almost to the rear and to the left. He believes that Charles Simpson, Incorporated is constructing a single family home there. Mr. Mahoney advised that he has spoken with Arnold Covey, Director of Community Development, and it appears as though there will not be any further extension or building behind that property or that this road will ever be taken into the State secondary system. Several years ago, the Board received a petition from a few citizens for the road to go into the State system; however, some of the other property owners along the road refused to grant the sufficient rights-of-way that would be necessary to get it into the State system. The second reading is scheduled for August 11, 2009. Supervisor Flora commented that it is correct that the road would not ever be taken into the State road system and this action will provide for another house in the area. Supervisor Flora moved to approve the first reading and set the second reading for August 11, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara NAYS: None ABSTAIN: Supervisor Altizer 592 July 28, 2009 IN RE: CONSENT AGENDA R-072809-3, R-072809-3.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 072809-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G -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 July 28, 2009 designated as Item G -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7 inclusive, as follows: 1. Appointment of Ruth Ellen Kuhnel, Assistant County Attorney, to the Community Policy and Management Team (CPMT) 2. Resolution accepting Garrett Lane into the Virginia Department of Transportation Secondary Road System 3. Request from the Fire and Rescue Department to accept and appropriate no- match grant funds in the amount of $54,750 from the Virginia Department of Health 4. Request from the Fire and Rescue Department to accept and appropriate 50/50 matching grant WV-C01/06-09 funds in the amount of $76,071.50 from the Virginia Department of Health 5. Request to renew contract to provide Commonwealth's Attorney services to the Town of Vinton for 2009-11 and appropriate $10,920 per year 6. Request to accept conveyance of 0.028 acre of real estate along with temporary construction easements from Timberbrook Properties II, LLC; The Branch Family LLC; 220 Buck Ventures I, LLC; and Buck Mountain Ventures I, LLC for additional improvements to Buck Mountain Road (State Route 679) right-of-way 7. Request to accept conveyance of 0.029 acre of real estate along with temporary construction easements from Springwood Properties, LLC for July 28, 2009 593 additional improvements to Buck Mountain Road (State Route 679) right-of- way 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 RESOLUTION 072809-3.b ACCEPTING GARRETT LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD 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 594 July 28, 2009 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 -June 2009 5. Treasurer's Statement of Accountability der Investment and Portfolio Policy as of June 30' 2009 6. Report of claims activity for the self-insurance program for the ep riod ended June 30' 2009 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: (1) He recognized and thanked Supervisor Moore for stepping up with her landscape company to take care of the median at the corner of Route 419 and Brambleton Avenue. (2) At the last Board meeting he spoke about an article in the Roanoker Magazine regarding tax rates. He asked staff to review the information in the article and to conduct an analysis using different criteria. He described how the analysis by staff concluded that out of the 11 cities compared in the article Roanoke City had the third lowest tax burden as opposed to being the highest as July 28, 2009 595 depicted in the article. He was also pleased that, using the same analysis, Roanoke County was found to have the lowest tax burden. He thanked staff for conducting the research. Supervisor Moore: On behalf of the Board, she offered her deepest sympathies to County Firefighter Brandon King on the recent loss of his mother. Supervisor Church: He thanked the citizens who called him after the last Board meeting to see how he was feeling. He commented on the number of good people in his district. Supervisor Altizer: He described how sometimes when preparation and opportunity meet, luck occurs. He stated that you have to have preparation and vision and be prepared to do things when opportunity best presents itself. The Board approved $41 million to renovate/construct three elementary schools and one high school. Being in the position to move forward, the bids came in 25 percent under budget or nearly $10 million less than projected. He said the rebuilding of Mason's Cove Elementary could be funded primarily with these cost savings and no additional borrowing. He stated that the Board has always tried to put the County in a good position for these situations and feels this is a good example of how good planning and opportunity can come together. 596 July 28, 2009 IN RE: CANCELLATION OF EVENING SESSION At 3:33 p.m., Chairman Altizer advised that the Board would move to the closed meeting and that the evening session would not be held due to there being no advertised public hearings. IN RE: CLOSED MEETING At 3:32 p.m., Supervisor Altizer moved to go into closed meeting pursuant to the Code of Virginia Section 2.2-3711.A.7. consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, enforcement of stormwater maintenance agreement with Wolf Creek, Inc The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CLOSED MEETING The closed meeting was held from 3:45 p.m. until 4:14 p.m. IN RE: CERTIFICATION RESOLUTION R-072809-4 At 4:14 p.m., Supervisor Flora moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 1 ~Uiy 2s, 2oos 597 RESOLUTION 072809-4 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA 1 WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2.Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: ADJOURNMENT At 4:15 p.m., Supervisor Moore moved to adjourn. The motion carried by a unanimous voice vote. AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None Submitted by: Approved by: Becky R. M dor Clerk to the oard ~~. Michael W. Altizer Chairman 598 July 28, 2009 This page left blank intentionally.