3/8/2005 - Special
March 8, 2005
305
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
March 8, 2005
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of March, 2005.
IN RE: CALL TO ORDER
Vice-Chairman Wray called the meeting to order at 3:00 p.m. The roll call
was taken.
MEMBERS PRESENT:
Vice-Chairman Michael A. Wray, Supervisors Joseph B.
“Butch” Church, Joseph McNamara, Richard C. Flora
MEMBERS ABSENT:
Chairman Michael W. Altizer
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; John M. Chambliss, Assistant County
Administrator; Dan O’Donnell, Assistant County
Administrator; Diane S. Childers, Clerk to the Board; Teresa
Hamilton Hall, Public Information Officer
IN RE: OPENING CEREMONIES
The invocation was given by Father Tom Miller, Saint Andrews Catholic
Church. The Pledge of Allegiance was recited by all present.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of appreciation upon the retirement of C. Dennis
Fisher, Fire and Rescue Department, following twenty-seven
years of service
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R-030805-1
Vice-Chairman Wray presented the resolution of appreciation to Mr.
Fisher. Also present was Chief Richard E. Burch, Mrs. Paulette Fisher, Corey and
Chad Fisher.
Supervisor Flora moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
RESOLUTION 030805-1 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF C. DENNIS FISHER, FIRE AND RESCUE
DEPARTMENT, AFTER TWENTY-SEVEN YEARS OF SERVICE
WHEREAS, C. Dennis Fisher was first employed by Roanoke County on
May 4, 1977 as a firefighter, and advanced to the rank of Captain; and
WHEREAS, Captain Fisher retired from Roanoke County on February 1,
2005, after twenty-seven years and nine months of services; and
WHEREAS, Captain Fisher was instrumental in Roanoke County being a
lead agency for a state regional hazardous materials team when this program was
instituted in the 1980's and continued serving as a team leader the entire time the
County participated through 1991; and
WHEREAS, Captain Fisher completed the FEMA Emergency
Management Professional Development Series (PDS) Program, receiving a PDS
certificate which is accomplished through classes delivered through the Virginia Dept of
Emergency Management (VDEM) and independent study courses through the Federal
Emergency Management Institute (EMI); and
WHEREAS, Captain Fisher has performed a crucial role in protecting the
life and property of citizens in one of the most hazardous professions, and Roanoke
County is very fortunate to have benefited from his dedication and many years of
experience; and
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WHEREAS, Captain Fisher has served with professionalism and integrity
and has been instrumental in improving the quality of life for the citizens of Roanoke
County.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of
C. DENNIS FISHER
the citizens of Roanoke County to for more than twenty-seven
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 Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
2. Proclamation declaring the month of March 2005 as Purchasing
Month in the County of Roanoke
Vice-Chairman Wray presented the proclamation to the following
individuals from the Purchasing Division of the Finance Department: Rebecca Owens,
Director of Finance; Don Karnes, Purchasing Manager; Kay Johnston, Pat Chockley,
and Marcha Powell, Buyers; and Jan Killgore and Tayloe Gwathmey, Program Support
Specialists.
IN RE: NEW BUSINESS
1. Request to authorize an amendment to the Roanoke Valley
Resource Authority Members Use Agreement to allow for
household hazardous waste collection day. (Anne Marie Green,
Director of General Services)
R-030805-2
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Ms. Green reported that the City of Roanoke has been sponsoring
household hazardous collection day once per year for the past several years at the
Roanoke Civic Center. On that day, private contractors accept hazardous waste and
dispose of it properly. This is a program in which other local governments participate,
and Roanoke County is one of those participants. Staff has decided that it would be
more equitable to rotate the planning of the event and this year, Roanoke County will
host the event at the transfer station. Also, the hazardous waste collection day will now
be held three times per year and traffic flow will be better directed through pre-
registration of disposal times. The event is scheduled to be held on Sunday to avoid
conflicting with the operation of the transfer station. In order to hold the event at the
transfer station, the Members Use Agreement must be amended to allow for the
acceptance of hazardous waste at the transfer station. Ms. Green noted that the
hazardous waste will not remain at the station as it will be removed by private
contractors on the day of the collection. An additional change is also required to allow
residents of Botetourt County and the City of Salem to bring waste to the transfer
station. Ms. Green further advised that the City of Roanoke, Town of Vinton, and the
Roanoke Valley Resource Authority will each have to consider this amendment and
approve the change. She indicated that Roanoke County contributes $27,000 annually
to the event and this is a small sum of money to pay for keeping hazardous material out
of the landfill. She recommended approval of the amendment.
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The Board members each expressed support for the change and noted
that this is a safe way to dispose of hazardous materials.
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
RESOLUTION 030805-2 AUTHORIZING THE FOURTH AMENDMENT
TO ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS USE
AGREEMENT
WHEREAS, the parties hereto entered into the Roanoke Valley Resource
Authority Members Use Agreement dated October 23, 1991 (the “Members Use
Agreement”), as amended by First Amendment to Roanoke Valley Resource Authority
Members Use Agreement, dated as of June 1, 1992, Second Amendment to Roanoke
Valley Resource Authority Members Use Agreement, dated December 2, 1996, and
Third Amendment to Roanoke Valley Resource Authority Members Use Agreement,
dated February 1, 1999, among the Authority, the County, the City, and the Town under
which the Authority agreed to acquire, construct and equip a regional waste disposal
system consisting of a landfill and transfer station and related structures and equipment,
and to provide financing therefor in order to dispose of all nonhazardous solid waste
delivered to the System by or on behalf of the County, the City and the Town
(collectively, the “Charter Members”); and,
WHEREAS, the parties desire to amend the Members Use Agreement to allow
the Authority to issue permits to entities to sponsor and conduct a Household
Hazardous Waste Collection Day event at the Hollins Road Transfer Station site up to 3
times per calendar year and otherwise in compliance with applicable law.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
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1. Approval of Amendment. The Board of Supervisors hereby approves the
Fourth Amendment in substantially the form attached to this Resolution as Exhibit A.
The County Administrator and such officers and agents as he may designate are
authorized and directed to execute and deliver the Fourth Amendment and the Clerk to
the Board of Supervisors is authorized to seal and attest the Fourth Amendment with
such changes as such officers deem appropriate to carry out the purposes expressed
therein.
2. Effective Date. This Resolution shall take effect immediately.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
2. Request to adopt a revised schedule of ambulance transport fees.
(Richard E. Burch, Chief of Fire and Rescue)
R-030805-3
Chief Burch advised that in November 2001, the ambulance transport fee
program was implemented. He stated that when it was initiated, there were two factors
which considered in establishing the rate structure: (1) Medicare rates, due to the fact
that they are the single largest provider and account for 64% of the transport fee
revenues; and (2) comparison of the rates charged by Roanoke City. Chief Burch
stated that the funds were to be used for enhanced staffing in the Fire and Rescue
Department, equipment, and building improvements and since 2001, they have been
used for this purpose. In April 2003, Medicare increased the allowable limits and the
County adjusted our rate structure accordingly. At this time, staff is requesting an
adjustment to a level that will match the current rate in Roanoke City but will still remain
less than the allowable Medicare rate. The additional funds generated by the increase
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will be used for staffing needs to enhance the County system, as well as to allow for
additional cooperative efforts with Roanoke City.
Supervisor Church stated that it is always refreshing when we are able to
do what we said we were setting out to accomplish. He indicated that any time we can
place additional personnel in the field saving lives everyone benefits, and he supported
the rate increase which he stated will keep the County on a level playing field. Chief
Burch also noted that only 1% of the transport fee is paid out of pocket by citizens, and
the remainder is paid for by Medicare and private insurance carriers.
Supervisor McNamara congratulated Chief Burch and stated that
continuing to meet needs by utilizing outside revenue sources is a positive program. He
advised that the County has created a service that, in conjunction with volunteer and
paid personnel, allows the County to participate in reciprocal agreements with
neighboring jurisdictions.
Supervisor Wray requested that Chief Burch explain the process for
collection of the fees. Chief Burch stated that when the program was first proposed, the
Board provided clear direction that the program be one involving a compassionate
billing system. Chief Burch noted that there have been few complaints since the fees
were implemented and at times, staff even receives contributions supporting the
volunteer personnel along with the transport fee payment.
Supervisor Flora moved to adopt the resolution. The motion carried by the
following recorded vote:
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AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
RESOLUTION 030805-3 ADOPTING A REVISED SCHEDULE OF
AMBULANCE TRANSPORT FEES AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Board of Supervisors enacted a Fee for Services ordinance as
an addition to the Roanoke County Code on May 22, 2001, which established the legal
structure for providing emergency medical transport services and accompanying fees as
provided for by the Code of Virginia; and
WHEREAS, Section 2-131 of this ordinance, contained in Chapter 2
Administration of the Roanoke County Code, provides that the Board of Supervisors, by
resolution, may establish reasonable fees for the provision of emergency medical
services by all emergency medical service personnel, whether provided by volunteers or
public employees, upon the recommendation of the County Administrator and the Chief
of Fire and Rescue; and
WHEREAS, the Board of Supervisors adopted a resolution on August 14, 2001,
which resolution was revised on March 26, 2002 by Resolution 032602-2, and on March
25, 2003 by Resolution 032503-8, upon the joint recommendation of the County
Administrator and the Chief of Fire and Rescue for the establishment of reasonable fees
for the provision of various levels of emergency medical services, including mileage
fees for vehicles; and
WHEREAS, the U. S. Department of Health and Human Services has issued
regulations, effective April 1, 2002, which establish a fee schedule for the payment of
ambulance services under the Medicare program based upon specific codes or
categories of ambulance services which must be complied with to receive Medicare
reimbursements.
NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The fees which shall be charged by the County of Roanoke for the
following described emergency medical services provided by Roanoke County owned,
operated, funded, housed or permitted emergency vehicles shall be as follows:
Advanced Life Support (ALS) 1 Emergency $330.00
Advance Life Support (ALS) 2 Emergency $475.00
Basic Life Support (BLS) Emergency $280.00
Mileage: $9.00 per mile with a maximum charge of $75.00.
2. No recipient of ambulance service who cannot afford to pay the
ambulance transport fees will be required to do so.
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3. This resolution shall be in full force and effect on and after April 1, 2005.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
3. Request approval of funding in the amount of $155,000 to
purchase and implement an Emergency Medical Services (EMS)
Data Reporting System. (Richard E. Burch, Chief of Fire and
Rescue)
A-030805-4
Chief Burch stated that the under the current system, EMS providers in
the field prepare a patient care report outlining the details of all calls. The report, which
is handwritten, is then placed in a mailbox and sent to the Fire and Rescue Department
via courier. At that point, the reports are photocopied, sent to the state and the billing
agency, and then submitted to Medicare. Chief Burch noted that the current system is
labor intensive and not efficient. He further advised that by changing to the EMS data
reporting system, the County will be consistent with the systems utilized in doctor’s
offices. In July 2004, Medicare began encouraging electronic submission of these
reports and Chief Burch noted that they are now being more stringent in the
requirements for reimbursement of claims. Purchase of the EMS data reporting system
will allow the County to electronically submit reports to Medicare. Since July, Medicare
has been denying an increasing number of claims resulting in an estimated $25,000 per
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month loss of revenue. This system will lead to increased efficiency and will also result
in increased revenue collections from Medicare.
Supervisor Flora noted that if the County is losing $300,000 per year in
Medicare payments and it only costs $185,000 to purchase the equipment, the payback
period is seven (7) months. He indicated that this is a “no brainer”.
Supervisor Church stated that this will help recover revenue but will also
streamline operations and free up the time of a courier. Supervisors McNamara and
Wray also voiced support for the program.
Supervisor Church moved to approve staff recommendation,appropriate
$155,000 from the Minor Capital Fund to be combined with the department’s existing
budget allocation of $30,000 to purchase and implement the EMS Data Reporting
System. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
4. Request to approve a resolution appointing John Murphy as
Zoning Administrator for Roanoke County. (Arnold Covey,
Director of Community Development)
R-030805-5
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Mr. Covey advised that this is an administrative process requesting that
John Murphy be appointed as Zoning Administrator and rescinding the previous
appointment of David Holladay. He stated that staff has examined the current workload
and actions needed following the upcoming adoption of the community plan, and noted
that the community plan has many initiatives and ordinances that need addressing.
This action will allow the Community Development Department to separate the daily
operational functions of the office from the long-term planning functions and allow staff
the time to work on planning projects uninterrupted. The reorganization into two
divisions will enhance services to customers, as well as allowing the department to
move forward with the initiatives outlined in the community plan.
Supervisor McNamara moved to adopt the resolution.
Supervisor Church stated that the Board recognizes that citizens are more
involved than ever before and he noted that we work for the citizens and are glad to be
interrupted by them. He advised that staff should do anything they can to ensure that
the people we serve have a direction upon which they can depend.
Supervisor Flora commended both Mr. Holladay and Mr. Murphy for the
outstanding jobs they have done. He stated that they are both capable employees and
are customer oriented. He congratulated Mr. Murphy on his appointment.
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Supervisor Wray noted that when a department restructures, they conduct
an examination of the return and work flow. He asked Mr. Covey to explain the
efficiencies that will result from the reorganization. Mr. Covey stated that the following
will be accomplished by this action: (1) it will put the Zoning Administrator within the
development review process; and (2) it will allow the planners who have a demonstrated
strength in drafting ordinances to focus on long-range planning.
Supervisor Wray questioned if there has been an increase in building
permits and/or rezonings. Mr. Covey responded that the number of permits averages
450-500 annually; however, there are many ordinance revisions that will need to be
drafted following the adoption of the community plan. This change will allow for staff to
be assigned to meet with the community and complete ordinance revisions, while
allowing zoning division staff to remain available to meet with citizens who come into the
office. Mr. Covey indicated that this will enhance the level of service provided to
citizens.
Mr. Murphy thanked the Board for their kind comments and advised that
he looks forward to the challenges and opportunities that will come with the position.
Supervisor McNamara’s motion to adopt the resolution carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
March 8, 2005
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RESOLUTION 030805-5 APPOINTING JOHN MURPHY AS ZONING
ADMINISTRATOR FOR ROANOKE COUNTY
WHEREAS, §15.2-2286.A.4 of the Code of Virginia provides for the appointment
or designation of a zoning administrator to administer and enforce the localities zoning
ordinance; and
WHEREAS, §30-5 of the Roanoke County Code lists the powers, duties and
responsibilities of the zoning administrator; and
WHEREAS, on June 12, 2001, the Board of Supervisors authorized the
appointment of David Holladay as Interim Zoning Administrator.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, as follows:
1. That it rescinds the appointment of David Holladay as Interim Zoning
Administrator.
2. That it appoints John Murphy as Zoning Administrator for Roanoke
County.
3. That the Zoning Administrator is authorized to designate such deputy or
assistant zoning administrators as he may deem appropriate to assist in the
administration and enforcement of the Roanoke County Zoning Ordinance.
4. That this resolution shall be effective immediately upon its adoption.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
N RE: FIRST READING OF ORDINANCES
1. First reading of an ordinance authorizing conveyance to the
Commonwealth of Virginia of a drainage easement along
Glenmary Drive, across property owned by the Board of
Supervisors at the Center for Research and Technology, Catawba
Magisterial District. (Arnold Covey, Director of Community
Development)
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Mr. Covey advised that this is a housekeeping item. He stated that staff
has worked with the Virginia Department of Highways to upgrade Glenmary Drive and
this is an additional easement that needs to be dedicated. He requested that the Board
approve the first reading of the ordinance.
There was no discussion on this item.
Supervisor Church moved to approve the first reading and set the second
reading for March 22, 2005. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
2. First reading of an ordinance approving an agreement for
acquisition of a radio tower and related equipment and
assignment of lease for the tower on Twelve O’clock Knob from
U. S. Cellular. (Anne Marie Green, Director of General Services)
Ms. Green reported that U.S. Cellular currently owns an 80 foot tower
located on Twelve O’clock Knob and they are interested in selling the tower because it
is no longer useful to the company for their cellular or digital phone technology. The
tower is useful to Roanoke County for the new paging system and potentially for the
future digital radio system. U.S. Cellular leases the .25 acres on which the tower is
located and will assign the lease to the County if this purchase is approved. The lease
is fully assignable, with an initial term until 2016, and an extension until 2026. The rent
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is currently $722 per month, and escalates based on the Consumer Price Index (CPI).
Ms. Green advised that staff and U.S. Cellular have negotiated a purchase price of
$25,000, which is less than the estimated $175,000 it would cost to purchase land and
construct a suitable tower nearby. U.S. Cellular also requested that the County begin
paying the lease as of March 1, 2005.
Supervisor McNamara inquired if the tower is no longer useful to U.S.
Cellular because it is not tall enough. Ms. Green responded that it is too high for digital
phones, which do not require as much height as cellular phones. She noted that most
cell towers now are digital and are located closer to the ground. Supervisor McNamara
noted that the tower no longer has a useful value to U. S. Cellular. He inquired if it
would have value to a competing company. Ms. Green advised that other wireless
providers or radio systems might be interested in locating on the tower. Supervisor
McNamara voiced concerns that U.S. Cellular has something that is useless to them for
which they must pay for over the next ten years. Ms. Green advised that U. S. Cellular
has the ability to buy out of the lease for $5,000, and this amount was deducted from
the fair market value of the tower.
Supervisor Flora inquired if the lease is a flat rate lease or is it based on
number of antennas. Ms. Green advised that it is a flat rate except for the escalating
clause for the CPI. Supervisor Flora questioned if there are any additional antennas
on the tower at this time other than U. S. Cellular. Ms. Green responded in the
negative.
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Supervisor McNamara moved to approve the first reading and set the
second reading for March 22, 2005. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
IN RE: SECOND READING OF ORDINANCES
1. Second reading of an ordinance to vacate a portion of an existing
stormwater management easement, The Cottages at Wexford, and
vacation of a stormwater management easement, Wexford Place
Townhomes, Cave Spring Magisterial District. (Arnold Covey,
Director of Community Development)
Vice-Chairman Wray advised that this item has been continued until April
26 at the request of the petitioner.
2. Second reading of an ordinance to accept the conveyance of
approximately 0.2785 acres of unimproved real estate fronting on
Pleasant Hill Drive from the Roanoke County School Board to the
Board of Supervisors and to convey same to the Commonwealth
of Virginia for road improvements. (Paul M. Mahoney, County
Attorney)
O-030805-6
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Mr. Mahoney advised that this is a two part ordinance authorizing the
acceptance of real estate from the School Board and authorizing the conveyance of the
same real estate to the Commonwealth of Virginia. He reported that one change has
occurred since the first reading which is in paragraph 2 of the draft ordinance and
authorizes the conveyance to the Commonwealth of Virginia. He indicated that at the
first reading, staff was working with the Virginia Department of Transportation (VDOT) to
determine what was required with respect to this transaction. In some instances the
locality may convey the real estate to VDOT and in other instances ownership of the
real estate may be retained and the locality adopts a resolution guaranteeing right-of-
way. In this instance, the Commonwealth of Virginia has requested the conveyance of
the real estate.
There was no discussion on this item.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
ORDINANCE 030805-6 TO ACCEPT THE CONVEYANCE OF
APPROXIMATELY 0.2785 ACRES OF UNIMPROVED REAL ESTATE
FRONTING ON PLEASANT HILL DRIVE FROM THE ROANOKE
COUNTY SCHOOL BOARD TO THE BOARD OF SUPERVISORS AND
TO CONVEY SAME TO THE COMMONWEALTH OF VIRGINIIA FOR
ROAD IMPROVEMENTS
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WHEREAS, as part of the construction of Hidden Valley High School it was
necessary to realign Pleasant Hill Drive; therefore, for the purpose of location and
construction or other improvements to Pleasant Hill Drive, the County School Board of
Roanoke County acquired certain portions of land for right-of-way purposes; and
WHEREAS, at their meeting on January 26, 2005, the County School Board
declared the above-mentioned portions of land acquired for right-of-way purposes to be
surplus property, thus allowing the Board of Supervisors to obtain ownership of the
property upon approval of this ordinance and recordation of a deed; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance will be held on February 22, 2005, and the second reading
will be held on March 8, 2005.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the acquisition from the County School Board of Roanoke County of
approximately 0.2785 acres of real estate for purposes of location and construction or
other improvements of Pleasant Hill Drive as shown on plats entitled “P
LAT FOR
RCSB
OANOKE OUNTY CHOOL OARD FROM RECORDS AND FROM PARTIAL FIELD SURVEY
...--(226.5..,0.005.)
SHOWING AREA TO BE DEDICATED FOR RIGHTOFWAY PURPOSES SQFT AC
(TP86.08-4-30)PHD” (DB 1672, PG 1100) and
AX ARCEL SITUATED ALONG LEASANT ILL RIVE
“RSBRC,V,....
ESUBDIVISION PLAT FOR THE CHOOL OARD OF OANOKE OUNTY IRGINIA
0.2735VDTS
DEDICATING ACRE TO IRGINIA EPARTMENT OF RANSPORTATION FOR TREET
WCHLA–0.3548” dated July 28, 2004 (Instrument
IDENING REATING EREON OT ACRE
#2004-15777, PB 28, PG 38), is hereby authorized and approved.
2. That the conveyance of the above-mentioned real estate to the
Commonwealth of Virginia for the above-mentioned purposes is hereby authorized and
approved.
3. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition of this
real estate, all of which shall be approved as to form by the County Attorney.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
3. Second reading of an ordinance amending Division 3. Courthouse
Parking Lot of Article III. Parking of Chapter 12. Motor Vehicles
and Traffic of the Roanoke County Code to provide for a new
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Section 12-76. Authorization to Remove Vehicles. (Paul M.
Mahoney, County Attorney)
O-030805-7
Mr. Mahoney reported that this ordinance amendment specifically
authorizes towing or removing vehicles from the courthouse parking lot. He advised
that the County Code regulates this matter and this issue has been discussed with the
judges and Roanoke County Sheriff, who are in agreement with the proposed ordinance
amendment. Mr. Mahoney indicated that there have been no changes to this ordinance
since the first reading, and noted that the amendment aids in the enforcement of
parking regulations and provides for better security and safety of the courthouse
complex.
Supervisor Wray inquired if the Roanoke County police have jurisdiction in
the City of Salem. Mr. Mahoney responded that there is some debate in Virginia
regarding the jurisdiction of County police officers within a city. He noted that a police
officer is a law enforcement officer and their jurisdiction, in his opinion, extends state-
wide. However, at times questions arise regarding this authority and for that reason,
Roanoke County and Roanoke City have a mutual aid agreement whereby County
police officers can exercise certain powers within the City of Roanoke and vice versa.
Mr. Mahoney stated that in order to avoid a jurisdictional dispute regarding whether
County officers have authority in the City of Salem, it is clear that Sheriff’s deputies
have authority within the City of Salem and the approach recommended avoids having
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to decide the issue of jurisdiction in General District Court. Supervisor Wray requested
clarification regarding whether the Sheriff’s Department will be responsible for towing
the vehicles. Mr. Mahoney responded that the Sheriff’s Office will be responsible for
towing vehicles.. He stated that the Sheriff’s deputies have the duty and responsibility
to write tickets and regulate parking in the courthouse complex. He noted that
historically, Sheriff’s deputies have always had this power. Supervisor Wray noted the
parking difficulties that exist in Salem and stated that this may be a big undertaking to
monitor. Mr. Mahoney noted that one advantage is that the Sheriff’s Office is located at
the courthouse complex and there is also a presence at the Court Services building. He
indicated that this immediate presence will aid in enforcement.
Supervisor Church inquired if the issue regarding authority is due to the
fact that the courthouse is within the City of Salem boundary. Mr. Mahoney responded
in the affirmative. Supervisor Church questioned if staff is confident that the Sheriff’s
Office can handle this matter. Mr. Mahoney advised that Sheriff Holt has been provided
with a copy of the draft ordinance and expressed no concerns; in addition, this matter
has been discussed with Judges Doherty and Swanson.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
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Supervisor McNamara commented that the County can tow cars from the
parking lot, but the other part of the solution is to solve the problem. He stated that the
County needs to address the fact that there is nowhere to park because this places
citizens in an awkward position.
ORDINANCE 030805-7 AMENDING DIVISION 3. COURTHOUSE
PARKING LOT OF ARTICLE III. PARKING OF CHAPTER 12. MOTOR
VEHICLES AND TRAFFIC OF THE ROANOKE COUNTY CODE TO
PROVIDE FOR A NEW SECTION 12-76. AUTHORIZATION TO
REMOVE VEHICLES
WHEREAS, § 46.2-1221 of the Code of Virginia grants authority to counties by
ordinance to regulate parking on county-owned or leased property; and
WHEREAS, the Roanoke County Code does not specifically authorize the
removal or towing of vehicles parked in violation of the County Code at the courthouse
parking lot; and
WHEREAS, the power to remove vehicles from the courthouse parking lot is
critical to public safety and the security of the courthouse parking lot; and
WHEREAS, the first reading of this ordinance was held on February 22, 2005;
and the second reading was held on March 8, 2005.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County as follows:
1. That Division 3. Courthouse Parking Lot of Article III. Parking of Chapter
12. Motor Vehicles and Traffic is hereby amended by the addition of a new section,
Section 12-76, authorization to remove vehicles as follows:
Section 12-76.
Any vehicle parking in violation of this chapter may be moved or caused to be
removed by the Sheriff, or any person deputized by the Roanoke County Sheriff to
enforce the provisions of this ordinance, from the present location of the vehicle to
another area of the courthouse parking lot or such other location as the Sheriff
designates. Any vehicle so moved or removed shall be released to the owner or
operator thereof upon proper identification by that person and payment of the costs of
removing the vehicle. Neither the County nor the Sheriff shall be liable for any damages
to the removed vehicle which might result from the act of removal unless such damages
resulted from the gross negligence of the County or the Sheriff in such removal.
2. That this ordinance shall take effect from and after the date of its adoption.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
March 8, 2005
326
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
IN RE: CONSENT AGENDA
R-030805-8; R-030805-8.d
Supervisor Flora moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
RESOLUTION 030805-8 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for March
8, 2005, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 9, inclusive, as follows:
1. Approval of minutes – February 22, 2005
2. Request from schools to appropriate funds in the amount of $8,850 for the
federal refugee school impact grant
3. Request from schools to appropriate grant funds in the amount of $5,000 from
the State Farm Good Neighbor Service Learning Initiative
4. Request from schools to appropriate grant funds in the amount of $12,655
from Pepsi
5. Request to accept Gavin Circle into the Virginia Department of Transportation
Secondary System
6. Request from Fire and Rescue Department to accept and appropriate grant
funds in the amount of $4,500 from the Virginia Department of Fire Programs
for the purchase of computers for the Roanoke Valley Regional Fire/EMS
Training Center
March 8, 2005
327
7. Request from Fire and Rescue Department to accept and appropriate
competitive grant funds in the amount of $30,000 from the Department of
Homeland Security for the purchase of radio equipment
8. Request from Fire and Rescue Department to accept and appropriate grant
funds in the amount of $15,250 from the Virginia Department of Fire
Programs for the renovation/repair of the burn building located at the
Roanoke Valley Regional Fire/EMS Training Center
9. Request to accept and appropriate grant funds in the amount of $190,865
from the Department of Criminal Justice Services for a juvenile justice and
delinquency prevention program
2. 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 McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
RESOLUTION 030805-8.d REQUESTING ACCEPTANCE OF GAVIN CIRCLE
INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
SYSTEM
WHEREAS, the streets 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.
Moved by: Supervisor Flora
March 8, 2005
328
Seconded by None Required
Yeas: Supervisors, McNamara, Church, Flora, Wray
Nays: None
Absent: Supervisor Altizer
IN RE: REPORTS
Supervisor McNamara noted that the value of the permits issued from
2004 to 2005 increased by almost 50% and nearly doubled again the following year. He
questioned if this is the result of several big development projects or an increase in
overall building activity. He further noted that the amount of fees collected has
increased significantly and questioned if this was the result of the new fee structure. Mr.
Covey advised that the revised fee structure will not be in place until the new permit
system is implemented in June 2005. He stated that any increase in fees collected is
based on increased building activity, and advised that he will research this matter
further and report back to the Board.
Supervisor Church moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Flora, Wray
NAYS: None
ABSENT: Supervisor Altizer
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Future Capital Projects
March 8, 2005
329
5. Building Permit Activity Report
IN RE: WORK SESSION
1. Joint work session with Roanoke County School Board to
discuss fiscal year 2005-2006 budget. (Dr. Linda Weber,
Superintendent; Penny A. Hodge, Director of Budget and Finance;
Elmer C. Hodge, County Administrator; Diane D. Hyatt, Chief
Financial Officer)
The work session was held from 5:31 p.m. until 6:15 p.m. School Board
members present at the meeting included the following: Drew Barrineau, Chairman;
Jerry L. Canada, Michael W. Stovall, and Marion G. Roark. School staff present at the
meeting included: Dr. Linda H. Weber, Superintendent; Allen W. Journell, Assistant
Superintendent; Dr. Lorraine S. Lange, Assistant Superintendent of Instruction; Tom H.
Hall, Assistant Superintendent of Instruction; Penny A. Hodge, Director of Budget and
Finance; Brenda F. Chastain, Clerk to the Board; and Darlene M. Ratliff, Deputy Clerk
to the Board. County staff present at the meeting included: Diane D. Hyatt, Chief
Financial Officer; and Rebecca E. Owens, Director of Finance.
Ms. Hyatt advised that the projected new County revenues for fiscal year
2005-2006 are $5,870,225. Ms. Hodge reported that the compromise budget in the
General Assembly was $4.1 million for schools and this has been included in the data
being presented. Ms. Hodge advised that the state has mandated two technology
positions per 1,000 students effective July 1. The schools already fund 17 employees
March 8, 2005
330
locally and the additional 11 positions required by this mandate would need to be hired
as of July 1, 2005. Ms. Hodge indicated that $743,600 of the $4.1 million is designated
for that purpose.
Ms. Hyatt reported that with respect to expenditures, the Virginia
Retirement System (VRS) rates for the County remain the same and there is a
$500,000 increase for the schools. She stated that health insurance expenses have
been reduced to reflect a 5.5% increase, as opposed to the 10% originally projected,
which results in a savings of $500,000 between the County and schools. She reported
that there is a slight increase in dental insurance but not as high as originally projected.
Salary increases are included at a tentative 4% rate, and the Capital Improvements
Program (CIP) is funded at $300,000 for both the County and schools. Ms. Hyatt stated
that the Community Policy and Management Team (CPMT) reflects a projected
$500,000 increase, leaving a balance of $835,000 each for County and schools for
funding of other needs.
With respect to health insurance, Ms. Owens advised that the trend is an
11%-12% increase in rates; however, the County was able to negotiate an increase of
only 5.5%. She provided a brief overview of the amount of increase that would be
experienced by employees for the varying types of coverage. To achieve the lower rate
structure, the following changes in benefits are recommended effective July 1, 2005:
(1) eliminate coverage for gastric bypass surgery; (2) remove the $300 maximum on the
wellness benefit; (3) change to the prescription drug card for “tier 3” or non-formulary
March 8, 2005
331
drugs from a $35 co-pay to the greater of $35 co-pay or 20%, up to a maximum of $100;
(4) vision benefits will be added for all plan participants. There was general discussion
regarding the change in benefit for prescription drugs and staff advised that this was a
cost containment measure due to the rising costs of prescription drugs. Ms. Hodge also
advised that this rate remains below the Anthem normal rate of $200 maximum. Ms.
Owens indicated that these items will be presented to the Board of Supervisors on
March 22 and to the School Board on March 23 for approval.
Ms. Hodge advised that Anthem has pledged $50,000 per year for three
years to focus on wellness initiatives in the County. Staff will be reviewing the County’s
claims history to determine which areas should be targeted, and it is anticipated that an
employee committee will be formed to determine ways to utilize these funds to
encourage employees to make lifestyle changes that will result in lower medical costs.
Members of the School Board and school administration expressed
concerns about the ability to compete with surrounding localities with respect to salaries
offered to teachers and administrators.
IN RE: PUBLIC HEARING
1Public hearing to elicit citizen comment on the following items:
.
(Brent Robertson, Director of Management and Budget)
(a) General comment on the annual budget for fiscal year 2005-
2006
March 8, 2005
332
(b) “Effective” tax rate increase resulting from real estate
reassessments
(c) Real estate, personal property and machinery and tools tax
rates
Mr. Robertson stated that this time has been set aside for three public
hearings for several areas related to the fiscal year 2005-2006 budget development. He
noted that as requested at an earlier work session, staff advertised the proposed real
estate, personal property, and machinery and tools tax rates for calendar year 2005 as
follows: (1) real estate tax at a rate of not more than $1.12 per one hundred dollars
assessed valuation; (2) personal property tax at a rate of not more than $3.50 per one
hundred dollars assessed valuation; and (3) machinery and tools tax at a rate of not
more than $3.00 per one hundred dollars assessed valuation. He noted that this is the
subject of the first public hearing.
In addition, state code mandates that when reassessment of real property
in a locality results in a real estate revenue increase of 1% over the previous year, the
locality must either reduce the tax rate, so that the revenues are no more than 101% of
the previous year’s or hold a public hearing indicating an “effective” real property tax
increase. Mr. Robertson noted that this would be the second public hearing to be held.
Also, consistent with past practices, the Board has expressed a desire to
hold a public hearing to elicit “general” comment on the upcoming annual budget
development process. This hearing gives citizens the opportunity to express their
March 8, 2005
333
priorities and concerns for the Board to consider during formulation of the upcoming
budget. This would be the third public hearing scheduled for this meeting.
Mr. Robertson stated that the public hearings are for receiving written and
oral comments on the above three topics. He advised that the public hearing on the
proposed tax rates was advertised on February 22 and March 1. The effective real
estate tax rate increase and the general comment for the 2005-2006 budget was
advertised on March 1, thereby satisfying the state code requirements for public notice.
As previously discussed with the Board, adoption of the tax rates will be scheduled for
March 22, 2005.
There were no citizens present to speak on the annual budget for fiscal
year 2005-2006, the “effective” tax rate increase, or the real estate, personal property,
and machinery and tools tax rates.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McNamara: (1) He expressed appreciation to everyone
involved in the renovation of Oak Grove Elementary School. He advised that two more
school renovations will be unveiled in the coming weeks. (2) He asked Mr. Robertson
to provide the Board with information regarding the following possible reductions to the
BPOL tax: eliminating the first $25,000, $50,000, $75,000, or $100,000. He requested
that this information be provided by Tuesday, March 15 so that the Board can consider
a possible phase-in on this proposed plan.
March 8, 2005
334
Supervisor Church: (1) He stated that as Supervisor McNamara had
previously requested, he is also asking that the Board consider a reduction in the real
estate tax rate. He advised that he feels it should be reduced further than the one cent
(1¢) previously proposed and he recommended a two cent (2¢) reduction. He stated
that this will provide a greater benefit to the average citizen, and he requested that Mr.
Robertson provide the Board with information regarding the impact that both these
possible tax rate reductions would have on the budget. (2) He advised that he has been
receiving calls asking about the County's position regarding the sharing of stormwater
costs with Roanoke City. He stated that the citizens are not happy and they have
related in no uncertain terms that County citizens have paid more than their share with
Spring Hollow Reservoir and the resulting water and sewer rates. He stated that he
would have to take a long, hard look at any involvement on the part of Roanoke County.
Supervisor Wray commented that this is an issue that needs to be studied and the
Board needs to be mindful of the cost to County citizens.
Supervisor Flora: (1) He invited the citizens in North County to attend an
open house at Mountain View Elementary School on Sunday, March 13 at 2:00 p.m.
He further advised that an open house will be held at Herman L. Horn Elementary
School on Sunday, March 20 at 2:00 p.m. and he invited the citizens in the Vinton
District to attend this event. (2) With respect to stormwater management, he advised
that no serious discussions have occurred. He stated that as Supervisor Wray noted,
before anyone can determine if it is feasible to participate, there must be a plan. He
March 8, 2005
335
indicated that we must know what the issues, costs, and benefits are for all parties. He
advised that there are many projects that can be done jointly with other governments
and there are some that can not be handled in this manner. The key is that there must
be mutual benefits for all parties and until a regional study is conducted and costs are
determined, there is no way the County can enter into any serious discussions on this
matter. He stated that he wanted to relieve the citizens’ minds, and advised that the
County is not jumping into anything.
Supervisor Wray: (1) He referenced a letter regarding the Clearbrook
Overlay and noted that it contained language pertaining to "staffers no longer with the
County..." He questioned if there would be a change in the interpretation of the design
guidelines each time there is a change in administration. Mr. Hodge responded that the
Clearbrook Overlay was the County’s first attempt at putting together an overlay and he
noted the significance of the Clearbrook area as a gateway community. He provided a
brief history regarding the area, and stated that in developing the Clearbrook Overlay,
much of the research was conducted by the citizens’ group who tried to balance
developing and marketing the community in order to attract good jobs and increase the
tax base, while at the same time guiding the type of development desired. Mr. Hodge
stated that traditional zoning takes place on a piece mill basis, and the concept of an
overlay allows for a comprehensive examination of an area. In this instance, the type of
overlay that was developed was a commercial overlay. Once the overlay began to be
applied, questions regarding interpretation began to arise. He indicated that some of
March 8, 2005
336
the issues were addressed in the form of zoning ordinances adopted by the Board,
while other issues were addressed by the Board in the form of guidelines. He stated
that the purpose was to ensure that proper development would be promoted without
making the restrictions too “tight”. Mr. Hodge stated that in answer to the question
posed, a change in staff does not mean that the interpretations will change. He
indicated that as the provisions are applied, they may need to be reviewed and
strengthened, much the way that the County’s community plan is updated every five
years. Supervisor Wray noted that it has been five years since the Clearbrook Overlay
guidelines have been updated. He advised that he has contacted Randy Kingery,
President of the Clearbrook Civic League, and requested that he form a committee to
review and update the overlay. He has also requested that Mr. Kingery contact Rodney
McNeil, Planning Commission member, to participate on the committee in order to
provide his expertise with respect to land use issues. Supervisor Wray requested that
staff be available as needed by the committee, and further requested that staff attend
the initial meeting of the citizens’ group. He indicated that after that time, the citizens’
committee should be allowed to work independently and he requested that they report
back to the Board in the Fall 2005. Mr. Hodge inquired if business representatives
would be included on the committee. Supervisor Wray responded that this is a matter
that should be decided by the civic league. (2) Supervisor Wray questioned if the plans
for the flour mill have been received. Mr. Hodge advised that he was not certain but
that he would check with staff and report back to Supervisor Wray. (3) He advised that
March 8, 2005
337
he attended the dedication ceremony at Oak Grove Elementary School. (4) He advised
that there will be a meeting, tentatively scheduled for March 23, regarding a prospective
business on Colonial Avenue. (5) He inquired if staff had updated information regarding
the Bojangles petition. There was no staff available that could provide an update on this
matter. (6) He advised that he has previously reported instances of rocks falling into the
road on Route 220, and he stated that there were more rocks on the roadside today.
He requested that staff check on the status of the VDOT engineering study. (7) He
asked Mr. Hodge to comment regarding the EMS data reporting system approved
earlier in the meeting today. Mr. Hodge advised that he has spoken with Chief Burch
and they both expressed appreciation to the Board. He stated that normally this type of
funding request would have been considered as part of the budget process and would
not receive authorization for an additional two months; however, once the need was
known, this matter was presented to the CIP Review Committee and subsequently
forwarded to the Board for approval.
Mr. Hodge: (1) He advised that County Department Directors and he will
participate in an annual planning session tomorrow from 8:00 a.m. - 1:00 p.m. at Hollins
University. He indicated that he will report back to the Board regarding the outcome of
the planning session. (2) He stated that Supervisor Altizer, who was not present at the
meeting, would want to advise that there is a group of students from Georgetown
University in town and they are spending their spring break working in the Delaney
Court area. Ms. Jackie Robinson has coordinated this effort and Mr. Hodge stated that
338
March 8, 2005
he is certain Supervisor Altizer would want to express his appreciation to the students
and the community.
IN RE:
ADJOURNMENT
Vice-Chairman Wray adjourned the meeting at 7:28 p.m. until Tuesday,
March 15, 2005 at 4:00 p.m. for the purpose of a budget work session, Roanoke County
Administration Center, 5204 Bernard Drive, 4th Floor Training Room.
Submitted by:
Approved by:
J~JPJ\t. tiliM
Diane S. Childers, CMC
Clerk to the Board
"f'r\~ a. - w,,~~
Michael A. Wray
Vice-Chairman