HomeMy WebLinkAbout1/14/2003 - Regular
11
January 14
, 2003
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
January 14, 2003
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of January, 2003.
IN RE: CALL TO ORDER
Chairman McNamara called the meeting to order at 3:02 p.m. The roll call
was taken.
MEMBERS PRESENT:
Chairman Joseph McNamara, Vice Chairman Richard C.
Flora, Supervisors Michael W. Altizer, Joseph B. “Butch”
Church, H. Odell “Fuzzy” Minnix
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Diane S. Childers, Clerk to the Board; John
M. Chambliss, Assistant County Administrator; Dan
O’Donnell, Assistant County Administrator; Diane D. Hyatt,
Chief Financial Officer
IN RE: OPENING CEREMONIES
The invocation was given by David Fuller, Pastor of Missions and
Discipleship, Church of the Holy Spirit, Roanoke, Virginia. The Pledge of Allegiance
was recited by all present.
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IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added a Closed Meeting pursuant to Code of Virginia Section
2.2-3711 A (5) discussion concerning a prospective business or industry where no
previous announcement has been made.
Mr. Hodge also added a work session with the Treasurer and
Commissioner of the Revenue to discuss pending House Joint Resolution 701.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of appreciation to Joseph B. “Butch” Church for his
service as Chairman of the Roanoke County Board of Supervisors
in 2002.
R-011403-1
Chairman McNamara presented the resolution and a plaque to Supervisor
Church.
RESOLUTION R-011403-1 OF APPRECIATION TO JOSEPH B.
“BUTCH” CHURCH FOR HIS SERVICE AS CHAIRMAN OF THE
BOARD OF SUPERVISORS IN 2002
WHEREAS, Joseph B. “Butch” Church served as Chairman of the Roanoke
County Board of Supervisors during 2002; and
WHEREAS, during Mr. Church’s term as Chairman, the County achieved a
variety of accomplishments, including:
?
Adoption of a Regional Economic Development Strategy
?
Providing assistance to Roanoke City during the drought by selling water and
joined with other local governments to search for a long-range solution
including the formation of a water authority
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?
Approval of a resolution concerning prayer in public buildings, including
schools, and in support of U.S. House Joint Resolution 81 proposing an
amendment to the Constitution restoring religious freedom
?
Celebration of the opening of Novozymes Biological, the first business to
locate in the Center for Research and Technology
?
Adoption of a DUI ordinance to add civil penalties to drunken driving
convictions resulting in accidents
?
Continuation of regional cooperation efforts through participation in the
Regional Summit meetings of local governments in Southwest Virginia
?
Opening of the new Hidden Valley High School and completion of renovations
to Glenvar Middle School
?
Celebration of the completion of the Roanoke Regional Tactical Training
Facility, a cooperative effort between Roanoke City and Roanoke County
?
Extinguishing of the Starlight Lane Tire Fire without injury or loss of life
?
Approval of funding for Fire & Rescue to increase career staffing by 20
firefighter/paramedics
?
Approval of a plan to enhance countywide Advanced Life Support coverage
by providing for 24-hours a day, 7-days a week Advanced Life Support at the
Fort Lewis, Hollins, and Vinton Stations
?
Approval of the lease-purchase of two new ladder trucks and two pumper
trucks
?
Approval of funding to place Automatic External Defibrillators in County
buildings and fire stations
?
Combination of Roanoke County and Roanoke City personnel for 24-hours a
day, 7-days a week fire and rescue coverage at the Clearbrook Station
?
Recognition of Roanoke County Library as the first public library to receive
the SOLINET Outstanding Library Programs Award
?
Hosting of the National Softball Association World Series in cooperation with
the Cities of Salem and Roanoke
WHEREAS, Mr. Church worked diligently during his term to represent all the
citizens of Roanoke County and to promote regional projects that benefit all the
residents of the Roanoke Valley.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia does hereby extend its deepest appreciation to Joseph B.
“Butch” Church for his service as Chairman during 2002 and for his belief in democracy
and championing of citizen participation in local government.
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January 14
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On motion of Supervisor Minnix to adopt the Resolution and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
2. Certificate of recognition to A. Kyle Robinson, Jr. following
fourteen years of service on the Roanoke County Planning
Commission.
Mr. Robinson accepted the certificate of recognition presented by
Chairman McNamara.
IN RE: BRIEFINGS
1. Briefing regarding conservation easement on 89 acres of Read
Mountain. (Janet Scheid, Chief Planner)
Ms. Scheid reported that Dr. Al Durham and his wife Beth Durham have
donated the first conservation easement consisting of 89.1 acres on Read Mountain. In
Fall 2001, Dr. Durham approached the Read Mountain Alliance to sell them his property
at less than the appraised value. The Alliance was very interested but did not have the
funding to purchase the property. They subsequently contacted the County regarding
an option to purchase the property which would allow them sufficient time to raise the
money necessary for the purchase. The County took out this option in Fall 2001. Since
this time, state tax laws have changed and made it more appealing for Dr. Durham to
place a conservation easement on the property rather than sell the property. The
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easement will be held by the Western Virginia Land Trust. The easement prohibits the
subdivision or logging of the land, and Dr. Durham will retain ownership of the property.
Dr. Durham has expressed interest in donating the land for public recreation and
conservation at a future time, and the easement has been written to allow for this
possibility.
IN RE: NEW BUSINESS
1. Ratification of Early Action Compact with the U.S. Environmental
Protection Agency to work cooperatively in preparing a plan for
ozone reduction. (Elmer C. Hodge, County Administrator)
A-011403-2
Mr. Hodge stated that the purpose of the Early Action Compact is to
improve the air quality in the Roanoke Valley. He indicated that much of the State of
Virginia is in a similar situation. The Department of Environment Quality (DEQ)
measures the amount of contamination in the air (air quality) and the Roanoke Valley
has exceeded the acceptable limit. The Environmental Protection Agency (EPA) is
requiring those localities who do not meet the acceptable standards to take measures to
bring the air quality into compliance. The localities involved in the compact include
Roanoke County, Roanoke City, City of Salem, Town of Vinton, and Botetourt County.
It is the County’s desire to avoid being placed on the DEQ’s list of non-attainment areas.
Accordingly, the Fifth Planning District Commission has arranged a partnership between
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, 2003
the EPA, DEQ, and the local governments to enter into the compact agreement. The
agreement will be developed throughout the next year and an engineering firm will be
hired to determine what measures need to be taken to improve the air quality. In doing
this, it will enable the County to maintain ongoing economic development efforts and
protect the health and well being of the citizens. The funding for this will be handled
through the Planning Commission. The agreement will be brought back before the
participating governing bodies for approval.
Supervisor Flora commented that the County was very close to meeting
the minimum standards established by the EPA. He indicated his support for entering
into the compact and making efforts to move the County into compliance with the
standards.
Supervisor McNamara indicated that the County is the second locality to
enter into a compact agreement. He voiced his support for preparing a plan to improve
the air quality in the area.
Supervisor McNamara moved to approve the staff recommendation (ratify
and confirm the execution of the compact agreement). The motion carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
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2. Resolution of support for House Bill 1397, as requested by the
Virginia Association of Counties, which will provide Counties with
the same taxing authorities currently available to municipalities.
(Paul Mahoney, County Attorney)
R-011403-3
Mr. Mahoney reported that the resolution would support House Bill 1397
which would allow Counties to be treated like municipalities with regard to expanded
authority for local taxation initiatives. Mr. Jim Campbell, Executive Director of the
Virginia Association of Counties (VACo), contacted the County seeking support for this
legislation. Mr. Mahoney stated that this initiative is consistent with the Board’s
legislative program.
Supervisor Church stated that our neighboring localities already have
these taxing authorities and it places Roanoke County at a disadvantage at a time when
revenues are uncertain. He indicated that he supports this resolution.
Supervisor Minnix stated that the County currently imposes no tax on
tobacco products and people travel from surrounding areas to purchase these products
at a low price for resale. This places Roanoke County at an unfair disadvantage. In
addition, this legislation would provide the possibility for lodging taxes.
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Supervisor Flora stated that in the past, the level of services provided by
Counties differed dramatically from those offered by Cities and Towns. Today, Counties
provide essentially the same level of services and the tax burden is being placed
primarily on the property owners. He indicated that the legislation needs to change to
reflect the current level of services being provided by Counties and thereby reduce
some of the tax burden on citizens.
Supervisor Altizer indicated that there are many individuals who come
from out of state to purchase tobacco products due to the lack of taxing. He stated that
the County should be on equal footing with the surrounding localities.
Supervisor McNamara clarified that the proposed resolution does not
enact a tax, but provides for the equalization of taxing authority between Cities and
Counties.
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 011403-3 IN SUPPORT OF HOUSE BILL 1397
AMENDING SECTIONS 15.2-204 AND 15.2-1200 OF THE CODE OF
VIRGINIA TO GRANT COUNTIES THE SAME POWERS OF TAXATION
AS CITIES AND TOWNS
WHEREAS, sixty-two percent of the revenue generated by Virginia’s local
governments to pay for local services is generated at the local level; and
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WHEREAS, seventy-five percent of this local revenue is derived from four
sources: the real estate tax, the personal property tax, charges for services, and the
sales tax; and
WHEREAS, the real estate tax makes up the largest portion of local revenue at
forty-three percent of the total; and
WHEREAS, in Roanoke County the real estate tax comprises 50.9 percent of
locally generated revenue; and
WHEREAS, because counties have very few unrestricted revenue options
available, the burden to balance county budgets often falls on the real estate tax; and
WHEREAS, counties in Virginia need to diversify their revenue base to reduce
the burden on the real estate tax; and
WHEREAS, Section 15.2-1104 of the Code of Virginia sets forth the financial
powers of cities and towns but counties do not have comparable language in the Code;
and
WHEREAS, Section 15.2-1104 of the Code of Virginia therefore allows cities and
towns to raise taxes and assessments on property, persons, and other subjects of
taxation that are not otherwise prohibited by law and the practical application of this
results in the ability of cities and towns to levy cigarette taxes and admissions taxes,
levy transient occupancy taxes without a cap or restrictions, and levy a meals tax
without a cap and without holding a voter referendum; and
WHEREAS, Section 15.2 of the Code of Virginia should be amended to grant
counties the same powers of taxation as cities and towns; and
WHEREAS, HB 1397 (Hull) amends Sections 15.2-204 and 15.2-1200 of the
Code of Virginia to grant counties the same powers of taxation as cities and towns; and
NOW, THEREFORE, BE IT RESOLVED, that Roanoke County supports HB
1397 and urges its General Assembly delegation to support HB 1397 in the 2003
General Assembly.
On motion of Supervisor Church to adopt the Resolution and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
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3. Request to approve recycling contract with Goodwill Industries.
(Anne Marie Green, Director of General Services)
A-011403-4
Ms. Green stated that in December 2001 the Board approved a recycling
contract with the Rescue Mission of the Roanoke Valley. The Rescue Mission picks up
materials from County residents and recycles the majority of these goods either through
resale at its store, use by its clients, or through recycling markets. The Resource
Authority bills Roanoke County and the County then bills the Rescue Mission at the
local government rate of $42 per ton rather than the usual rate of $55 per ton. This has
worked well, and the County has been approached by Goodwill Industries of the Valleys
to enter into a similar type of arrangement. There is no cost involved to the County and
it saves the County from having to pick up these items.
In response to a question from Supervisor McNamara, Ms. Green reported
that there is no differentiation between pickups for County and City residents. Both the
Rescue Mission and Goodwill have indicated that they do not keep records regarding
the localities in which pickups occur. Supervisor McNamara suggested that Ms. Green
pursue discussions with her counterpart in Roanoke City regarding similar
arrangements for City residents.
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Supervisor Minnix moved to approve staff recommendation (inclusion of
Goodwill Industries of the Valleys in the recycling program). The motion carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
4. Appointments of Board Members to Committees, Commissions
and Boards for 2003. (Diane S. Childers, Clerk to the Board)
A-011403-5
Ms. Childers reported that the Chairman is the Board’s representative on
the Roanoke Valley Economic Development Partnership, the Urban Partnership, and
the Fifth Planning District Regional Alliance. In 1992, the Virginia Association of
Counties (VACo) requested that a Board Member be appointed to work directly with the
regional representative on the VACo Board of Directors. Ms. Childers stated that the
Chairman has served in this capacity for several years, however any Board Member
can be appointed. In 1994, VACo also requested that a member of the governing body
be appointed to interact directly with VACo regarding legislative matters, and the Board
recommended that the Vice-Chairman serve in this capacity. Any Board Member is,
however, eligible to fill this appointment.
There was no discussion on this matter.
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Supervisor McNamara moved to approve staff recommendation (approval
of the proposed appointments for 2003). The motion carried by the following recorded
vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Second reading of an ordinance authorizing the execution of an
agreement with Roanoke Catholic School for the expansion,
development and joint use of Vinyard Park for athletic and
recreational purposes. (Pete Haislip, Parks, Recreation and
Tourism Director)
O-011403-6
Mr. Haislip reported that there have been no changes in this matter since
the first reading. He clarified that the total estimated value of improvements at Vinyard
Park is $328,000 which will be funded by Roanoke Catholic School.
Supervisor Altizer reported that he has received positive responses
concerning this partnership, and voiced his support of this great opportunity.
There were no citizens present to speak on this matter.
Supervisor Altizer moved to adopt the ordinance. The motion carried by
the following recorded vote:
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, 2003
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 011403-6 AUTHORIZING THE EXECUTION OF A LEASE
AGREEMENT WITH ROANOKE CATHOLIC SCHOOL FOR THE
EXPANSION, DEVELOPMENT AND JOINT USE OF VINYARD PARK
FOR INTERSCHOLASTIC ATHLETIC AND RECREATIONAL
PURPOSES
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner
of several 32.18 acres of real estate, located in Roanoke County, Virginia, and
designated on the Roanoke County Land Records as Tax Map #060.12-09-01.01-0000,
and commonly referred to as Vinyard Park; and,
WHEREAS, the County has developed this property for the purpose of providing
parks, recreation and tourism benefits to the citizens of Roanoke County; and,
WHEREAS, the County has implemented partnership agreements with private
organizations to develop public facilities in exchange for beneficial and priority uses of
public property; and,
WHEREAS, Roanoke Catholic School has submitted an offer to make certain
improvements to Vinyard Park, and to pay the County to construct additional
improvements and facilities, and staff has negotiated with it to lease the premises for a
period of fifteen years from January 1, 2003, with the option to renew the lease for an
additional five years, with annual renewals thereafter; and
WHEREAS, it would serve the public interest to lease the premises to Roanoke
Catholic School in order to develop, expand and jointly use interscholastic athletic and
recreational facilities; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading and public hearing of this ordinance was
held on December 17, 2002; and the second reading was held on January 14, 2003.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That lease of commencing as of January 1, 2003, and ending on
December 31, 2017, with the option to renew said lease for an additional period of five
years, with year to year renewals thereafter, is hereby authorized and approved.
2. That the County Administrator or an Assistant County Administrator is
hereby authorized to execute a lease agreement on behalf of the Board of Supervisors
of the County of Roanoke and to execute such other documents and take such further
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actions as are necessary to accomplish this transaction, all of which shall be upon form
and subject to the conditions approved by the County Attorney.
3. That the funds generated by this lease shall be placed in an account with
the Department of Parks, Recreation and Tourism for the construction of improvements
and facilities as required by the lease agreement and for future maintenance.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Altizer to adopt the Ordinance and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
2. Second reading of an ordinance authorizing the creation of and
financing for a local public works improvement project -
Clearbrook Area - Amanda Lane water line extension. (Gary
Robertson, Director of Utility)
O-011403-7
Mr. Robertson stated that this is a water line extension of 1,600 feet at an
estimated cost of $56,705. The extension will provide water service to 11 properties, of
which six have already committed to the connection. Mr. Robertson indicated that each
of these persons will pay a connection fee of $6,500 and there have been no changes
since the first reading.
There were no citizens present to speak and there was no discussion on
this matter.
Supervisor Minnix moved to adopt the ordinance. The motion carried by
the following recorded vote:
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AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 011403-7 AUTHORIZING THE CREATION OF AND
FINANCING FOR A LOCAL PUBLIC WORKS IMPROVEMENT
PROJECT IN THE CLEARBROOK AREA - AMANDA LANE WATER
LINE EXTENSION PROJECT
WHEREAS, Ordinance 112288-7 authorizes the financing of local public works
improvements and the imposition of special assessments upon abutting property
owners upon the adoption of an appropriate ordinance by the Board of Supervisors; and
WHEREAS, the County Administration has negotiated the extension of the public
water system to Amanda Lane in the Clearbrook community; and
WHEREAS, the extension of the public water system and the creation of a
special utility (water) service area will alleviate a critical public health and safety
problem; and
WHEREAS, several of the residents have requested that the County allow them
to pay their portion of the costs of connection to the public water system over ten years
at an interest rate of 8%; and
WHEREAS, the first reading of this Ordinance was held on December 17, 2002,
and the second reading was held January 14, 2002; and
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That pursuant to the authority of Ordinance 112288-7, the Board
authorizes and approves a local public works improvement project,
namely, public water extension to Amanda Lane in the Clearbrook
community. The total construction cost of this public water project is
estimated to be $56,705.00, to be initially financed as follows:
Citizen Participation ( 6 at $5,155.00) $30,930
each)
Advance from the Public Works $25,775
Participation Fund
TOTAL $56,705
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That there is hereby appropriated for this project the sum of $25,755 from the
Public Works Participation Fund. Any citizen participation under paragraph 3 will be
advanced as a loan from the Water Fund.
2. That the “Project Service Area” is shown and designated on the attached
plat entitled “Clearbrook Area - Amanda Lane Water Line Extension Project” prepared
by the Roanoke County Utility Department, dated 12/17/02. The Project Area is created
for a period of ten (10) years. Any owner of real estate within this service area may
participate in and benefit from the public water extension to this service area by paying
at a minimum the sum of $6,500 ($5,155 toward construction costs plus, plus $1,345
toward the off-site facility fee) said costs to be paid in full and in advance of connection
to the public water extension.
3. That the Board authorizes and approves the payment by the property
owners in the project service area who elect to participate on or before March 15, 2003,
of their portion of the cost of extending the public water system to their properties in
accordance with the following terms and conditions:
(a) The total amount per property owner/residential connection may be
financed for 10 years at an interest rate of 8% per annum. Down payment of $1,345.00
will be applied to the off-site facility fee.
(b) Property owners agree to execute a promissory note or such other
instrument as the County may require to secure this installment debt.
(c) Property owners further agree to execute such lien document or
instrument as may be required by the County; said lien document or instrument to be
recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien
instrument or document shall secure the repayment of the promissory note by the
property owners to the County and shall be a lien against the property of the owners.
Property owners also agree to pay the County any Clerk’s fees or recordation costs
which may be required to record any lien instrument or documents in the Office of the
Clerk of the Circuit Court.
(d) Property owners who wish to participate after the March 15, 2003,
deadline (other than new property owners) shall pay a minimum of $9,134 [$5,155
construction costs plus 25% (plus $30 x length of road frontage in excess of 250 feet)
plus the off-site facility fee in effect at that time (currently $2,690)].
New property owners (defined as persons who acquire ownership of real
estate within the Project Service Area after the date of the adoption of this Ordinance)
shall have ninety (90) days from the date of their acquisition of the real estate to
participate in and benefit from the public water/sewer extension to this service area by
the payment of $6,500, said costs to be paid in full and in advance of connection to the
public water/sewer extension. New property owners are not eligible to participate in the
installment financing payment method described above in paragraph 3.
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January 14
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4. That the payment by citizens in the project service area, in excess of
those anticipated in this ordinance, who elect to participate shall be made to the various
funds as follows: The off-site facility fee shall be returned to the Water Fund, and
payment of the construction costs shall be returned to the Public Works Participation
Fund until such time as the advance has been repaid; any further payment of
construction costs shall be returned to the Water Fund.
5. That the County Administrator is authorized to take such actions and
execute such documents as may be necessary to accomplish the purposes of this
transaction, all upon form approved by the County Attorney.
On motion of Supervisor Minnix to adopt the Ordinance and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: APPOINTMENTS
1. Commission for Senior and Challenged Citizens (Appointed by
District)
Supervisor Flora requested that the Clerk follow up with the Commission
to determine if recommendations are available for individuals to fill the two vacancies on
this committee.
2. Disability Services Board
Supervisor Church nominated Debbie Pitts, Assistant Director of
Recreation, to serve a three-year term which will expire December 31, 2005.
3. Parks and Recreation Advisory Commission (Appointed by
District)
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Supervisor Church nominated Robert W. List to fill the unexpired three-
year term of Wayne Gauldin, Catawba Magisterial District. This term will expire June
30, 2003. Supervisor Church requested that Mr. List’s name be placed on the agenda
for confirmation at today’s meeting.
4. Roanoke Valley Resource Authority
Supervisor Church nominated Diane D. Hyatt, Chief Financial Officer, to
serve a four-year term which will expire December 31, 2006. He asked that Ms. Hyatt’s
name be placed on the consent agenda for confirmation at this meeting.
IN RE: CONSENT AGENDA
R-011403-8; R-011403-8.d; R-011403-8.h; R-011403-8.i
Supervisor Minnix requested that Mr. Hodge brief the Board regarding
Item I-7, Regional Airport Alliance. Mr. Hodge reported that following September 11, air
freight was doing well but passenger service was not. Mr. Duval was hired by the
Regional Airport Alliance to address this issue. Meetings have been held with the
business community, Virginia Tech, and 17 localities throughout Virginia and parts of
West Virginia. A business advisory group has been formed, and a program will soon be
launched that will allow businesses to reserve seating at lower air fares. The
agreement still needs to be finalized. The State grant totaled $25,000, Roanoke City is
funding $22,500 and Roanoke County $12,500.
Supervisor Minnix moved to adopt the consent resolution. The motion
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January 14
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carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 011403-8 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM I - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for January
14, 2003 designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 9, inclusive, as follows:
1. Confirmation of appointments to Roanoke County Planning Commission
(appointed by district), Parks and Recreation Advisory Commission, and
Roanoke Valley Resource Authority
2. Request to appropriate Mentor Teacher Grant in the amount of $7,727.64
3. Request for acceptance of Federal Grant for $10,500 under the Criminal
Justice Record System Improvement Program from the Department of
Criminal Justice Services
4. Request to accept Bear Creek Drive and Twin Creek Circle into the State
Secondary System
5. Donation of water easement for the Castle Rock Lower Water Line
Replacement Project in the Cave spring Magisterial District.
6. Donation of an off-site sanitary sewer easement across property of John
S. Reeves for the Wade Subdivision off Ruritan Road in the Hollins
Magisterial District.
7. Request to appropriate $12,500 from the Board Contingency Fund
towards the Roanoke Regional Airport Alliance
8. Request for approval of resolutions of appreciation upon the retirements of
the following employees:
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(a) Jack H. McCorkle, Jr., Police Department, after twenty nine years
of service.
(b) Yvonne M. Robinson, Social Services Department, after thirty two
years of service.
9. Request to appropriate Title II – Part D Tech Ed Grant in the amount of
$26,527.14
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 Minnix to adopt the Consent Resolution and carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 011403-8.d REQUESTING ACCEPTANCE OF BEAR CREEK
DRIVE AND TWIN CREEK CIRCLE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the street described on the attached Addition Form SR-5(A), 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 Resident Engineer for the Virginia Department of Transportation
has advised this Board the streets meet the requirements established by the
Subdivision Street Requirements of the Virginia Department of Transportation,
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 streets described on the attached Additions
Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code
of Virginia, and the Department’s Subdivision Street Requirements, and
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 resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved By:
Supervisor Minnix
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January 14
, 2003
Seconded By:
None Required
Yeas:
Supervisors Flora, Church, Minnix, Altizer, McNamara
Nays:
None
Absent:
None
RESOLUTION 011403-8.h EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF JACK H. McCORKLE, JR., POLICE DEPARTMENT
WHEREAS, Jack H. McCorkle, Jr., was employed by Roanoke County on
November 15, 1973, as a Deputy Sheriff, and advanced to the rank of Assistant Chief of
Police; and
WHEREAS, Assistant Chief McCorkle was one of the original members of the
Police Department which was established in 1990; and
WHEREAS, Assistant Chief McCorkle retired from Roanoke County on January
1, 2003, after more than twenty-nine years of service; and
WHEREAS, Assistant Chief McCorkle served as the Officer in Charge of every
major Division in the Police Department including Patrol, Investigations, and Services,
improving the quality of service to the public in each of those divisions and making
substantial contributions to the establishment and command of the newly formed
County Police Department in 1990; and
WHEREAS, Assistant Chief McCorkle was responsible for the timely construction
of the Police Firing Range at Dixie Caverns within budget allocations due to his
knowledge of construction and his ability to assemble a cohesive work crew; and
WHEREAS, Assistant Chief McCorkle served until his retirement on the
Command Staff of the Department where his knowledge, wisdom, and insight into
human nature served him well in this capacity; and
WHEREAS, the status of the Roanoke County Police Department today is due in
part to the many contributions made by Assistant Chief McCorkle; and
WHEREAS, Assistant Chief McCorkle has served with professionalism and
integrity and through his employment with Roanoke County, has been instrumental in
improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
JACK H. McCORKLE, JR.
of Roanoke County to for more than twenty-nine years of
capable, loyal and dedicated service to Roanoke County; and.
FURTHER, the Board of Supervisors does express its best wishes for a happy,
restful, and productive retirement.
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January 14
, 2003
On motion of Supervisor Minnix to adopt the Resolution and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 011403-8.i EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF YVONNE M. ROBINSON, SOCIAL SERVICES
DEPARTMENT
WHEREAS, Yvonne M. Robinson was employed by Roanoke County on August
10, 1970, as a Clerk in the Social Services Department; and
WHEREAS, Ms. Robinson retired from Roanoke County on January 1, 2003,
after thirty-two years and five months of service in the Social Services Department ; and
WHEREAS, Ms. Robinson fulfilled her job responsibilities each day in an efficient
and effective manner; and
WHEREAS, Ms. Robinson maintained an exemplary attendance record and was
an extremely dependable and conscientious employee; and
WHEREAS, Ms. Robinson has served with professionalism and integrity; and
through her employment with Roanoke County, has been instrumental in improving the
quality of life for its citizens; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
YVONNE M. ROBINSON
of Roanoke County to for more than thirty-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,
restful, and productive retirement.
On motion of Supervisor Minnix to adopt the Resolution and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: REQUESTS FOR WORK SESSIONS
1. Request for joint work session on March 11, 2003, with Roanoke
County School Board to discuss budget issues. (Diane Hyatt,
Chief Financial Officer)
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January 14
, 2003
It was the consensus of the Board to schedule the work session for March
11, 2003.
2. Request for work session on January 28, 2003, to review the
Secondary Road System Six Year Construction Plan (2003-2009)
and consideration of projects for FY 2003-2004 VDOT Revenue
Sharing Program. (Arnold Covey, Community Development
Director)
It was the consensus of the Board to schedule the work session for
January 28, 2003.
IN RE: REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Future School Capital Reserve
5. Report from VDOT of changes to the Secondary Road System in
November 2002
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January 14
, 2003
6. Statement of the Treasurer’s Accountability per Investment and
Portfolio Policy as of November 30, 2002
7. Update on State Budget
TH
IN RE: WORK SESSIONS (4 FLOOR CONFERENCE ROOM)
1. Work session to discuss the impact of development on water and
sewer lines and County roads. (Gary Robertson, Director of
Utility; Arnold Covey, Director of Community Development)
The work session was presented by Mr. Robertson and Mr. Covey and
was held from 4:21 p.m. until 4:45 p.m.
Discussion focused on the growth in residential development and the
impact this is having on water and sewer and County roads. Mr. Hodge indicated that
road improvements follow rather than precede development. This presents a dilemma
due to the current financial situation at VDOT. They may not have the funding to
improve some of the roads after development takes place. In addition, growth in
residential development also impacts the expansion of water and sewer lines.
Mr. Covey reported that there are approximately 5,000 acres currently
zoned as R-1 or AR that are available for residential development. Not all of this land is
available to public water and sewer at this time. He indicated that to develop land in an
R-1 district in the County with well and septic, the lot size is 32,670 square feet per lot.
If water and sewer is utilized, the lot size decreases to 7,200 square feet.
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January 14
, 2003
Approximately 6 lots per acre can be created where there is no public water and sewer.
This illustrates the changes in densities that occur with the extension of public water
and sewer.
Mr. Covey also stated that developers are required to install all the utilities
within a development at their own expense. This present a dilemma in that many
subdivisions contain wide, paved roads with curb and gutters which connect with a
small two-lane secondary road.
Mr. Robertson noted that the original intent of the offsite facilities fees
policy, adopted in 1987, was that when development occurred it could do so with public
water and sewer to avoid the use of private wells. Prior to adoption of this policy, there
were numerous pockets of development occurring with private wells and septic systems
because it was not feasible for a developer to extend public water and sewer to their
property. At present, connection to the County water system is required if the lot size is
less than 40,000 sq. ft. or if the road frontage is less than 150 feet with County water
system at lot line or within street. Connection to the sewer system is required if the
building to be connected is within 300 feet of the County sewer system.
Mr. Robertson reported that offsite facilities fees are assessed to all
Roanoke County water and sewer customers. Current rates are $2,690 for water and
$2,000 for sewer. The fees are used to pay for treatment facilities, storage facilities,
pumping facilities and/or trunk/interceptor lines. The fees from water generate
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January 14
, 2003
approximately $800,000 per year and sewer fees total approximately $600,000
annually. These funds are allocated in the following manner: 50% is applied to debt
service on Spring Hollow Reservoir and the regional wastewater treatment project; the
remaining 50% is applied to the Unappropriated Utility Fund to be used for water and
sewer projects approved by the Board of Supervisors or for participation with
developers on specific projects. Mr. Robertson stated that if a development project
requires an offsite extension of water and sewer that is greater than 300 feet or if the
County wants additional capacity, then offsite credits are applicable. Offsite credits are
used in the following manner:
The Utility Director can credit portions of fees within the development generally up to
?
25% of the fees.
The Board of Supervisors can authorize additional participation from the offsite
?
facility fee fund if the proposed project will benefit other properties and funds are
available.
The Board of Supervisors can authorize a reimbursement agreement with the
?
developer(s) that would allow them to recover their investment as other parties
connect to these lines.
Mr. Robertson stated that the County should participate in these projects
when funds are available, when the water and/or sewer facilities are sized to serve
other properties outside the proposed development, and when the proposed
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January 14
, 2003
development conforms to the County’s Comprehensive Plan and zoning requirements.
There was general discussion concerning zoning issues and the use of
pump stations vs. gravity lines. It was the consensus of the Board that: (1) Gary
Robertson will develop proposed revisions to the offsite facilities fees. (2) Arnold Covey
will research legislation pending in the General Assembly which would give Counties
the authority to stop development in areas where water and sewer, roads, schools, etc.
are inadequate and will also examine other planning issues.
2. Work session to review response from Whitt Clement regarding
proposed construction schedule for I-73.
The work session was held from 4:50 p.m. until 5:05 p.m.
Supervisor Altizer stated that his intention in requesting the work session
was to attempt to clarify the issue of when or if construction will begin on I-73 for the
citizens being affected by the designed route. In addition, he also would like to build
consensus among the Board members for a resolution to VDOT requesting that they
remove the chosen route and place I-73 on the table. He indicated that he did not feel
that this course of action would cause the County to lose any Federal funding.
Supervisor Altizer reported that Virginia was the only state that did not receive recurring
funds at year-end. This was the result of not having the funds required to provide the
State’s matching share. He indicated that the County has a responsibility to the citizens
to not keep them in limbo waiting 20 or more years for construction on I-73 to begin.
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January 14
, 2003
Supervisor Minnix indicated that he would be willing to support such a
consensus after the General Assembly ends the current session and makes a decision
regarding the legislation submitted by Delegate Al Dudley, Rocky Mount. This
legislation would allow for immediate payment to all landowners along the route of I-73.
It was approved last year and is scheduled to be revisited this year for a final decision.
He indicated that should this legislation not pass, at that time he would be willing to
consider other alternatives.
Supervisor McNamara stated that a resolution to put I-73 on the table is a
matter that he would not support. He indicated that I-73 may be one of the most
important issues for the region. He stated that he did concur with Supervisor Minnix
that if residents have a cloud of doubt hanging over their heads they should have a way
out.
Supervisor Altizer indicated that he is not suggesting that the issue of I-73
be tabled to kill the proposed construction. He is requesting that it be pushed forward to
a point in time where the money is available to proceed.
Supervisor Church stated that he sent a letter to Whitt Clement in
November requesting a proposed schedule for constructing I-73. The response
appeared to indicate that there was no definitive answer on the construction schedule.
He indicated that I-73 is needed for economic growth, but it is unfair to the citizens to
allow this uncertainty to remain. He stated that he thought that the purpose of the work
39
January 14
, 2003
session was to determine how to help these residents.
Supervisor Flora questioned if the objection was to the proposed route of
I-73. Supervisor Altizer indicated that removing the chosen route until such time as
funds are available to proceed with construction will remove the uncertainty for the
citizens currently being affected.
It was the consensus of the Board that I-73 is important to the region, and
it was decided to postpone action until the Environmental Impact Study is completed
and the General Assembly determines whether to adopt the pending legislation.
3. Work session to discuss Fire & Rescue staffing allocation and
response overview for 2002. (Richard Burch, Fire and Rescue
Chief)
The work session was presented by Chief Rick Burch and was held from
5:06 p.m. until 6:09 p.m.
Supervisor McNamara reported that Ms. Annie Krochalis had requested
time to address the Board regarding the fire and rescue staffing issue. Supervisor
Church requested that any citizens from the Catawba area also be allowed to speak. It
was the consensus of the Board to allow this change in the agenda.
Mr. Hodge reported that the County’s objective has been to help people.
During the past year, fees have been implemented to increase staffing which improved
response times. The goal was to reach Advanced Life Support (ALS) response times
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January 14
, 2003
within six (6) minutes to 80% of County residents. This has been accomplished through
the hiring of 35 new paramedic/firefighters, implementation of fees for ambulance
transport, renovations to three stations, and a cooperative agreement with Roanoke
City. Equally important was the decision to use guidelines and incident reports to build
stations, purchase equipment, and allocate staff.
Mr. Hodge stated that Mr. Church had requested a work session to
discuss the Catawba station, and much has been done to improve response times in
that area: (1) Five FTEs were added to Mason’s Cove, at the request of Charles Law,
Volunteer Rescue Chief, to cover both the Mason’s Cove and Catawba Stations. (2)
Coverage has been improved to 12 hours, 5 days a week for fire and 24 hours, 7 days a
week ALS coverage for the Mason’s Cove/Catawba area. (3) Additional staff was also
added to the Fort Lewis and Hollins Stations to provide backup whenever necessary.
He stated that the reports indicate that there is a serious need for additional staff at the
Hollins station, which is the busiest County station. Mr. Hodge also discussed the
possibility of a new station in the Hanging Rock /I-81 Intersection. There currently is no
station available which has immediate access to Interstate 81. A station in this area
could cover I-81 North and South, the Catawba area, Hollins and Red Lane. This would
make it possible to reduce the size of three large run areas. It was noted that the
Hollins station currently handles 23% of all calls in the County with 17.2% of the staff.
Jack Wood with Catawba Hospital was present at the work session and a
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January 14
, 2003
possible partnership with the hospital was discussed.
Chief Burch reviewed the staffing allocations, response times, total
number of fire, EMS, and fire and accident responses in 2002, and the percentage of
staffing allocations for all stations in the County. The following approach was
recommended: (1) Place the highest priority on life. (2) Maintain a proactive systematic
approach. (3) Work to benefit the most people and the most serious calls. (4) Maintain
a regional cooperation approach. (5) Pursue a partnership with Catawba Hospital. (6)
Investigate the possibility of a new station in the Hanging Rock area. (7) Bring any
issues that are budget related back to the Board for review.
Ms. Annie Krochalis
, 9248 Patterson Drive, spoke in support of the full
staffing of all fire and rescue stations and equal delivery of services within the
community. She noted that fire and rescue is a basic service for which taxes are paid,
in addition to a user fee, and for which most of the service is provided by volunteers.
She stated that the lack of service implies a lesser value on lives and property in the
more rural areas of the County.
Mr. Glen Branscom
noted that one individual had previously been
assigned to the Catawba station with the necessary second person to be handled by the
Catawba Hospital. He indicated that this did not work, and the staff member was
reassigned to the Mason’s Cove station. He also indicated he did not support the
station at Hanging Rock which he felt was designed to service the interstate. He
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January 14
, 2003
indicated that this will only benefit travelers along the interstate and not the taxpaying
citizens of the County.
Supervisor Church emphasized that funding needs to be allocated to staff
the Catawba station. He noted that it is the County’s desire to maintain 6.25% of
General Fund revenues in the General Fund Unappropriated Balance, totaling
approximately $8,180,000. The County currently has 6.95% or $9,095,000. Supervisor
Church stated that $135,000 is the amount required to staff the Catawba station. He
emphasized that this is a moral question and it is not a matter of how many calls are
handled by other stations. He stated that Catawba is not receiving basic service. He
stated that until he can be assured that there will be no calls at the Catawba station the
County is not doing its job. He asked that the County set a goal of ALS response times
of 6 minutes to 100% of the County to eliminate the perception that one life is more
important than another. Supervisor Church noted that the County provides funding for
economic development incentives and Explore Park, and he stated that priorities need
to be adjusted.
Supervisor Altizer stated that he spoke before the Board two years ago as
a citizen regarding the need for basic fire coverage for all areas of the County. He
indicated that he is in support of this matter.
Supervisor Minnix agreed that all stations need to be staffed. He
questioned if the Catawba station is staffed, will a new station at Hanging Rock continue
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January 14
, 2003
to be pursued, as well as the partnership with Catawba Hospital? He stated that he
supports staffing the Catawba station, but feels that this raises many more issues which
need to be addressed. He also noted that the funds for additional personnel need to be
provided during the budget process. Mr. Hodge reported that if the board wishes to do
so, staffing can be allocated for the Catawba station but staff cannot be used for
Catawba to the detriment of the Hollins station.
Supervisor McNamara stated that the Board should not let emotions
dictate actions. He stated that fire and rescue coverage for Catawba is not determined
by whether or not the Catawba station is staffed. There were people assigned to the
Catawba station and the determination was made by Fire and Rescue staff that this was
not the logical application of those resources. Supervisor McNamara noted that there
are two stations in his district which have longer average fire response times than the
Catawba District. The average response time in Catawba is 8:41, Back Creek is 10:39,
and Bent Mountain is 13:34. He noted that if 3 people are allocated to Catawba to
handle approximately 40 calls per year and if this same ratio were applied to the
remainder of the County station, it would require 1,287 firefighters. He indicated that
the number of fire and rescue personnel have been increased 7% since he has been on
the Board, and feels that the Board should allow the fire and rescue professionals to
determine staffing allocations.
Supervisor Minnix requested that staff provide a cost breakdown for the
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January 14
, 2003
staffing of the Catawba station, as well as the additional staffing needs at the Hollins
station. Mr. Hodge indicated that this information will be provided during the budget
process. He reported that to provide three people at the Catawba station five days per
week, a total of five people will need to be hired to provide for a rotation schedule. By
law, two people are required to run an ambulance and three to run a fire truck.
Previously there was one person allocated to the Catawba station that was to be
matched by one person from Catawba Hospital. The person who was scheduled to do
this was a Volunteer Fire Chief in Vinton. He had a change of employment and was no
longer able to be at the Catawba Hospital which presented the staffing dilemma at the
Catawba station. At the same time, the Mason’s Cove station was experiencing
difficulty handling their call level and requested assistance. The decision to transfer the
person from Catawba was made by Mr. Hodge, Chief Burch, and the Volunteer Chiefs
from Mason’s Cove and Catawba. Mr. Hodge also indicated that he discussed this
situation with the Board members. He reiterated that the Hollins station is where the
statistics indicate that help is needed.
It was the consensus of the Board that Mr. Hodge will provide an overview
of costs necessary to provide the requested staffing at the Hollins and Catawba
stations. In addition, staff will continue to pursue a partnership with Catawba Hospital.
IN RE: ABSENCE
Supervisor Minnix left the meeting at 6:09 p.m.
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January 14
, 2003
IN RE: WORK SESSIONS (CONTINUED)
4. Work session to discuss Health Insurance Portability and
Accountability Act Requirements. (Dan O'Donnell, Assistant
County Administrator)
The work session was presented by Dan O’Donnell and was held from
6:12 p.m. until 6:27 p.m.
Mr. O’Donnell presented an overview of the Federal legislation which is
designed to protect the privacy of personal health information. He reported that the
Health Insurance Portability and Accountability Act (HIPAA) is an unfunded mandate
similar to the Equal Employment Opportunity Act and the Americans with Disabilities Act
in that it provides new rights but no funds to pay for mandated compliance. HIPAA
regulations apply to self-funded health insurance programs such as health and dental
insurance, employee assistance program, and flexible benefits program. Other areas
possibly affected include ambulance billing, CPMT, and the jail. Compliance is
mandated by April 14, 2003, with additional electronic regulations to be implemented in
October 2003. Violations of the regulations can result in civil or criminal penalties with a
maximum $250,000 criminal penalty. Complaints will be investigated by the Office of
Civil Rights in the Department of Health and Human Services.
Mr. O’Donnell indicated the process of identifying the covered services is
nearing completion. The Board now needs to authorize the County Administrator to
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January 14
, 2003
implement the HIPAA Compliance Policies and Administrative Requirements, and it is
anticipated that a resolution will be presented at the January 28 meeting to accomplish
this action.
5. Work session with the Treasurer and the Commissioner of the
Revenue to discuss pending House Joint Resolution 701. (Fred
Anderson, Treasurer; Nancy Horn, Commissioner of the Revenue)
Mr. Anderson reported that pending House Joint Resolution 701 would
amend the Constitution of Virginia to abolish the offices of the Treasurer and the
Commissioner of the Revenue. This legislation, if adopted, would result in a loss of
revenue to the County of $500,000 per year and a cost savings to the State of Virginia
of $35 million per year. He voiced his opposition to this legislation, and asked that the
Board contact area legislators to express their opposition. If enacted, the legislation
would state that individuals elected in 2003 would be allowed to serve their full term
(until 2007). Mr. Anderson and Ms. Horn are both up for election in 2003.
IN RE: CLOSED MEETING
The Closed Meeting was held from 6:45 p.m. until 7:10 p.m.
IN RE: CERTIFICATION RESOLUTION
R-010203-2
At 7:17 p.m., Supervisor McNamara moved to return to open session and
adopt the Certification Resolution. The motion carried by the following recorded vote:
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January 14
, 2003
AYES: Supervisors Flora, Church, Altizer, McNamara
NAYS: None
ABSENT: Supervisor Minnix
RESOLUTION 011403-9 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
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 McNamara to adopt the Resolution and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Altizer, McNamara
NAYS: None
ABSENT: Supervisor Minnix
IN RE: NEW BUSINESS – CONTINUED
1. Consideration of claim of Gardner W. Smith. (Paul Mahoney,
County Attorney)
A-011403-10
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January 14
, 2003
Mr. Mahoney reported that a letter dated December 20, 2002 was
received from Ms. Kristen Johnstone, Attorney for Mr. Gardner Smith. The claim is
being submitted to the Board in accordance with the provisions of State Code Section
15.2-1243. State law stipulates that before a party can go to court in a legal action
against the County, they are to submit a claim to the local governing body and provide
them with an opportunity to address the claim before the claimant can file their lawsuit in
State court. Also, Mr. Smith had previously filed charges of age and race discrimination
with the United States Equal Opportunity Employment Commission (EEOC) on
December 23, 2002. The EEOC informed Mr. Smith that it was unlikely that they would
complete their investigation of his claim within the statutory time frame. They then
issued Mr. Smith a notice of right to sue, at his attorney’s request, and closed their files.
Under federal law, any lawsuit must be filed in federal court within 90 days of receipt of
the notice from EEOC. County staff was optimistic regarding a favorable determination
by EEOC in that Mr. Smith’s attorney was requesting the right to sue. Typically, EEOC
will attempt to mediate disputes and this point was never reached. Staff submitted an
extensive position paper to EEOC and was confident regarding the outcome of this
process. Mr. Mahoney requested that the Board deny the claim of Mr. Smith.
Mr. Hodge reported that the reassignment and dismissal of personnel is
never a welcome process but one which is sometimes necessary in order to retain an
efficient and effective structure for the operation of local government. He stated that
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January 14
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both businesses and governments have been affected by the ongoing economic
downturn, and the County reduced its budget projections by more than $1 million in the
last fiscal year without any reduction in services to citizens. In February 2002, Roanoke
County engaged in a comprehensive review of vacant and existing positions and other
operating expenses. Many positions were left unfilled or transferred to other higher
priorities. All offices in the County felt the effects of these budget adjustments. The
Department of Community Relations was eliminated and those duties distributed among
other departments. The Purchasing Director and Property Manager positions were
eliminated. He reported that cuts were made at the management level first rather than
making reductions within one department while leaving other departments untouched.
All departments were asked to contribute and operate more efficiently. At the same
time that state and local budgets were being reduced, additional demands were being
passed on to local governments. In order to reduce their budget, the State Police are
no longer handling E-911 cellular calls. This necessitated the addition of six dispatchers
in the County’s police department to handle an increase of almost 50% in calls. Some
vacant positions were transferred to the dispatch center for this purpose. A school
resource officer was also added for the new Hidden Valley High School, and another
position was reclassified as a Zoning Enforcement Officer to handle the increase in
violations throughout the County. While the elimination of these positions is regrettable,
the review process was both sound and adequate to prepare for state budget cuts and
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January 14
, 2003
tax revenue shortfalls without reducing citizen services. Mr. Hodge stated that as the
state considers further cuts this year, it is important to maintain a review process which
will allow us to deal with budgetary difficulties as they arise and he also requested that
the Board deny the claim.
There was no discussion on this matter.
Supervisor McNamara moved to approve staff recommendation (denial of
the claim). The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Altizer, McNamara
NAYS: None
ABSENT: Supervisor Minnix
IN RE: ADJOURNMENT
Chairman McNamara adjourned the meeting at 7:25 p.m. until Friday,
January 17, 2003 at 12:00 noon to attend the Regional Leadership Summit hosted by
the City of Roanoke at the History Museum and Historical Society located in Center in
the Square.
Submitted by: Approved by:
________________________ ________________________
Diane S. Childers Joseph P. McNamara
Clerk to the Board Chairman