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HomeMy WebLinkAbout11/5/2009 - SpecialNovember 5, 2009 789 County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 November 5, 2009 The Board of Supervisors of Roanoke County, Virginia met this day at the Vinton War Memorial, 814 Washington Avenue, Vinton, Virginia, for the purpose of a joint meeting with Roanoke City Council, the Board of Supervisors from Franklin County, Virginia and the Board of Directors of the Western Virginia Water Authority for the intention of receiving public comment on the joinder of Franklin County, Virginia to the Western Virginia Water Authority and on the amendment and restatement of the Articles of Incorporation of the Western Virginia Water Authority. IN RE: CALL TO ORDER (CITY OF ROANOKE) Vice Mayor Sherman Lea called the meeting to order at 10:00 a.m. The roll call was taken. MEMBERS PRESENT: Vice Mayor Sherman Lea; Council Members Court G. Rosen, David B. Trinkle, M. Rupert Cutler MEMBERS ABSENT: Council Members Gwendolyn W. Mason, Anita J. Price, Mayor David A. Bowers STAFF PRESENT: Stephanie M. Moon, City Clerk IN RE: CALL TO ORDER (COUNTY OF FRANKLIN) Chairman Charles Wagner called the meeting to order at 10:00 a.m. The roll call was taken. 790 November 5, 2009 MEMBERS PRESENT: Chairman Charles Wagner; Vice Chairman W. Wayne Angell; Board Members W. Leland Mitchell, David A. Hurt, Russell P. Johnson MEMBERS ABSENT: Board Members David R. Cundiff, Bobby W. Thompson STAFF PRESENT: Richard E. Huff, II, County Administrator; Larry V. Moore, Assistant County Administrator; B. J. Jefferson, County Attorney; Sharon K. Tudor, Clerk to the Board IN RE: CALL TO ORDER (COUNTY OF ROANOKE) Chairman Altizer called the meeting to order at 10:00 a.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael W. Altizer; Vice Chairman Joseph P. McNamara; Supervisors Richard C. Flora; Charlotte A. Moore MEMBERS ABSENT: Supervisor Joseph B. "Butch" Church STAFF PRESENT: B. Clayton Goodman III, County Administrator; Daniel R. O'Donnell, Assistant County Administrator; Diane D. Hyatt, Assistant County Administrator; Paul M. Mahoney, County Attorney; Becky R. Meador, Clerk to the Board; Teresa Hamilton Hall, Director of Public Information IN RE: CALL TO ORDER (WESTERN VIRGINIA WATER AUTHORITY) Chairman Minnix called the meeting to order at 10:00 a.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix; Vice Chairman Marc S. Fink; R. Grayson "Gray" Goldsmith, Robert C. Lawson, Jr., Donald L. Davis; John P. Bradshaw, Jr. MEMBERS ABSENT: None STAFF PRESENT: Gary Robertson, Executive Director, Water Operations; Mike McEvoy, Executive Director, Wastewater Services; Harwell November 5, 2009 79 ~ M. "Sam" Darby, Jr., Authority Counsel; Jean Thurman, Secretary to the Authority IN RE: OPENING REMARKS Gary Robertson, Executive Director, Water Operations for the Authority and Mike McEvoy, Executive Director, Wastewater Services for the Authority welcomed everyone to the public hearing conducted jointly by the Council of the City of Roanoke, the Roanoke County Board of Supervisors and the Franklin County Board of Supervisors for the purpose of receiving public comment on the joinder by Franklin County to the Western Virginia Water Authority and on the amendment and restatement of the Articles of Incorporation of the Western Virginia Water Authority accomplishing such purpose. IN RE: RESOLUTION HONORING THE SERVICE OF RICHARD E. "RICK" HUFF II Harwell M. "Sam" Darby, Jr., Authority Counsel, read a resolution honoring the service of Richard E. "Rick" Huff, II as an at-large member of the Western Virginia Water Authority, which resolution was adopted at the October Water Authority Board Meeting. A copy of this resolution is on file in the County of Roanoke's Clerk's office. IN RE: REMARKS FROM THE MEMBERS OF THE BOARDS AND CITY COUNCIL AND PUBLIC COMMENTS Each locality commented on Franklin County joining and becoming a member of the Western Virginia Water Authority. 792 November 5, 2009 Joyce Waugh, President and CEO, Roanoke Regional Chamber of Commerce, spoke in support of Franklin County becoming a member of the Western Virginia Water Authority and expressed congratulations. Eleanor Dillards of Vinton expressed concern about the availability of water and the charges to the citizens for providing the service. Ms. Dillards also spoke about Spring Hollow Reservoir as a water source. C. James Ervin, Town Manager, Town of Rocky Mount, expressed his appreciation for being a part of the principal town in a county that has such a vision to work cooperatively to make great things happen. Brian Key, Executive Director, Bedford County Public Service Authority, commended the localities on its regional approach toward solving the needs of the customers, the residences and the businesses of Roanoke County, Roanoke City and now Franklin County. Congratulations were noted by Mr. Key regarding the regional approach and advised that he was looking forward to a continuing partnership of cooperation with the Authority. IN RE: JOINT RESOLUTION REORGANIZING THE WESTERN VIRGINIA WATER AUTHORITY (THE "AUTHORITY") AND PROVIDING THAT FRANKLIN COUNTY, VIRGINIA JOIN THE AUTHORITY IN ACCORDANCE WITH VIRGINIA CODE SECTION 15.2-5112 November 5, 2009 793 IN RE: CITY OF ROANOKE VOTE #38641-110509 Council Member Cutler moved to adopt the joint resolution for the City of Roanoke. The motion was seconded by Council Member Trinkle and Roanoke City Resolution No. 38641-110509 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler and Vice Mayor Lea NAYS: None ABSENT: Council Members Price, Mason and Mayor Bowers IN RE: COUNTY OF ROANOKE VOTE R-110509-1 Supervisor Flora moved to adopt the joint resolution for the County of Roanoke. The motion was carried by the following recorded vote: AYES: Supervisors McNamara, Moore and Flora NAYS: None ABSTAIN: Chairman Altizer ABSENT: Supervisor Church RESOLUTION 110509-1 REORGANIZING THE WESTERN VIRGINIA WATER AUTHORITY (THE "AUTHORITY") AND PROVIDING THAT FRANKLIN COUNTY, VIRGINIA JOIN THE AUTHORITY IN ACCORDANCE WITH VIRGINIA CODE §15.2-5112. WHEREAS, the City Council of the City of Roanoke, Virginia (the "City") and the Boards of Supervisors of Franklin and Roanoke Counties, Virginia (the "Counties") have determined concurrently that it is in the best interests of the citizens of the City and the Counties that Franklin County join and become a member of the Western Virginia Water Authority pursuant to the provisions of the Virginia Water and Waste Authorities Act, 794 November 5, 2009 Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended ("the Act"), and have expressed their desire to do so by the adoption of concurrent resolutions, and a public hearing has been held in accordance with the requirements of §15.2-5104 of the Act. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. Approval of the Amended and Restated Articles of Incorporation. The Board of Supervisors hereby determines that it is in the best interests of the citizens of Roanoke County that Franklin County join and become a member of the Western Virginia Water Authority and authorizes and directs the Chairman and the Secretary of the Board of Supervisors to execute and deliver the Articles of Incorporation of the Western Virginia Water Authority contained in Section 4 of this Resolution. 2. Appointment and Confirmation of Members. Roanoke County shall appoint three members to the Authority for four year terms with the exception that the following members shall have the following terms of office which shall be deemed to begin upon the issuance of a certificate of joinder by the State Corporation Commission. The County hereby appoints the following persons to serve the following terms on the Board of the Authority: Name H.Odell "Fuzzy" Minnix Address 3314 Kenwick Trail Roanoke, Virginia 24018 Term of Office beginning ending July 1, 2008 June 30, 2012 R. Grayson Goldsmith Donald L. Davis 5672 Yellow Mountain Road Roanoke, Virginia 24014 1031 Halliahurst Avenue Vinton, Virginia 24179 December 1, 2007 June 30, 2011 July 1, 2006 June 30, 2010 3. Reorganization of the Authority. The Western Virginia Water Authority ("the Authority") is hereby reorganized in accordance with the terms of the following Amended and Restated Articles of Incorporation. 4. Amended and Restated Articles of Incorporation. The Board of Supervisors does hereby FIND as a matter of fact that inclusion in the Amended and Restated Articles of Incorporation of the Authority of preliminary estimates of capital costs, proposals for specific projects to be undertaken by the Authority, and preliminary estimates of initial rates for such services is impracticable. The Articles of Incorporation of the Western Virginia Water Authority are hereby amended and restated as follows: November 5, 2009 79rJ AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE WESTERN VIRGINIA WATER AUTHORITY The Board of Supervisors of Roanoke County, Virginia, the City Council of the City of Roanoke, Virginia and the Board of Supervisors of Franklin County, Virginia as well as the Board of Directors of the Western Virginia Water Authority, have by concurrent resolutions adopted the following Amended and Restated Articles of Incorporation of the Western Virginia Water Authority, pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended) ("Act"). ARTICLE I The name of the Authority shall be the Western Virginia Water Authority and the address of its principal office is 601 South Jefferson Street, Roanoke, Virginia 24011. ARTICLE II The names of the political subdivisions participating in the Authority are Roanoke County, Virginia, the City of Roanoke, Virginia, and Franklin County, Virginia (the "Localities"), each of which hereby acknowledges, covenants, and agrees that these Amended and Restated Articles of Incorporation shall not be further amended or changed without the express agreement of each of the governing bodies of each of the Localities. None of the following actions shall be taken or permitted to occur by the Board of the Authority without the affirmative vote of a majority of the members from the City of Roanoke and Roanoke County: (1) The inclusion of additional political subdivisions in the Authority; and (2) Additional agreement with other political subdivisions, entities, or persons, for the bulk sale of surplus water or for the acceptance and treatment of waste water. ARTICLE III The Board of the Authority shall consist of seven members. The names, addresses, and terms of office of the initial members of the reconstituted Board of the Western Virginia Water Authority are as follows: 796 November 5, 2009 Name Address John P. Bradshaw, Jr. 3132 Burnleigh Road, SW Roanoke, Virginia 24014 Donald L. Davis 1031 Halliahurst Avenue Vinton, Virginia 24179 Marc Fink Fink's Jewelers 3545 Electric Road, SW Roanoke, Virginia 24018 R. Grayson Goldsmith Valley Bank 36 Church Avenue Roanoke, Virginia 24001 Shirley B. Holland 161 Lila Lane Boones Mill, Virginia 24065 Robert C. Lawson, Jr 2705 Longview Avenue, SW Roanoke, Virginia 24014 H. Odell "Fuzzy" Minnix 3314 Kenwick Trail Roanoke, Virginia 24018 July 1, 2008 July 1, 2008 June 30, 2012 June 30, 2012 Upon the expiration or vacation of the following terms of office, the governing body of each participating political subdivision shall appoint the number of members set forth opposite its name below: Roanoke County -Three, for four year terms City of Roanoke -Three, for four year terms Franklin County -One, for a four year term The governing body of each of the Localities shall be empowered to remove at any time, without cause, any member appointed by it and to appoint a successor member to fill the unexpired portion of the removed member's term. Term of Office beginning ending July 1, 2009 June 30, 2010 July 1, 2006 June 30, 2010 July 1, 2007 June 30, 2011 December 1, 2007 June 30, 2011 November 5, 2009 June 30, 2013 Each Board member shall be reimbursed by the Authority for the amount of actual expenses incurred in the performance of Authority duties. November 5, 2009 797 ARTICLE IV The purposes for which the Authority is being reorganized are to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage and maintain water, waste water, sewage disposal and storm water control systems and related facilities pursuant to the Act. The Authority shall have all of the rights, powers, and duties of an authority under the Act. It is not practicable to set forth herein information regarding preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial rates for services of the proposed projects. ARTICLE V The Authority shall serve Roanoke County, the City of Roanoke, and Franklin County, Virginia, and, to the extent permitted by the Act and the terms of these Articles, such other public or private entities as the Authority may determine upon the terms and conditions established pursuant to appropriate contracts, either within or without Roanoke County, the City of Roanoke, or Franklin County, Virginia. ARTICLE VI The Authority shall cause an annual audit of its books and records to be made by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the incorporating political subdivisions. IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, the City Council of the City of Roanoke, Virginia, and the Board of Supervisors of Franklin County, Virginia, and the Board of Directors of the Western Virginia Water Authority have caused these Amended and Restated Articles of Incorporation to be executed in their respective names, and their respective seals have been affixed hereto and attested by the respective secretaries and clerks of each. 5. Action to Be Taken. The appropriate officers of Roanoke County shall take all action necessary or convenient to file and otherwise cause the Amended and Restated Articles of Incorporation to become effective. 6. Effective immediately. This resolution shall take effect immediately upon its adoption. 798 November 5, 2009 On motion of Supervisor Flora to adopt the joint resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Moore, Flora NAYS: None ABSTAIN: Chairman Altizer ABSENT: Supervisor Church IN RE: COUNTY OF FRANKLIN VOTE #01-11-2009 Vice Chairman Angell moved the adoption of the joint resolution. The motion was seconded by Board Member Johnson and adopted by the following vote: AYES: Board Members Angell, Hurt, Mitchell, Johnson and Chairman Wagner NAYS: None ABSENT: Board Members Cundiff and Thompson IN RE: WESTERN VIRGINIA WATER AUTHORITY VOTE #180 (11-09) Western Virginia Water Authority Board Member Davis moved the adoption of the joint resolution. The resolution was seconded by Board Member Lawson and adopted by the following vote: AYES: Board Members Bradshaw, Davis, Fink, Goldsmith, Lawson and Chairman Minnix NAYS: None ABSENT: None L November 5, 2009 799 IN RE: CLOSING REMARKS Chairman Minnix offered a toast and stated that it was with a great deal of pleasure that the Western Virginia Water Authority welcomed Franklin County as the newest member. He noted the accomplishments by the staffs and expressed appreciation to Franklin County on joining the Board. IN RE: ADJOURNMENTS Chairman Altizer adjourned the Roanoke County Board of Supervisors meeting at 11:00 a.m. Chairman Wagner declared the Franklin County Board of Supervisors L meeting adjourned at 11:00 a.m. Board of Directors Chairman Minnix declared the Western Virginia Water Authority meeting adjourned at 11:00 a.m. Vice Mayor Lea declared the Roanoke City Council recessed meeting L adjourned at 11:00 a.m. Submitted by: Becky R eador Clerk to the Board Approved by: ~~ ~~ ~~ _ Michael W. Altizer Chairman 800 November 5, 2009 This page left blank intentionally.