4/10/2007 - Regular
April 10, 2007
319
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
April 1 0, 2007
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the first Tuesday and the first
regularly scheduled meeting of the month of April, 2007.
IN RE:
CALL TO ORDER
Chairman McNamara called the meeting to order at 3:00 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Joseph P. McNamara, Vice-Chairman Richard C.
Flora, Supervisors Michael W. Altizer, Joseph B. "Butch"
Church, Michael A. Wray
MEMBERS ABSENT: None
STAFF PRESENT: Elmer C. Hodge, County Administrator; Joseph B.
Obenshain, Senior Assistant County Attorney; John M.
Chambliss, Assistant County Administrator; Dan O'Donnell,
Assistant County Administrator; Brenda J. Holton, Deputy
Clerk to the Board; Teresa Hamilton Hall, Public Information
Officer
INRE:
OPENING CEREMONIES
The invocation was given by Dr. Maurita Wiggins, Valley Community
Church. The Pledge of Allegiance was recited by all present.
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April 10, 2007
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1: Proclamation declarina April ~ throuah 14. 2007. as National
Public Safety Telecommunicators Week in Roanoke County
Chairman McNamara presented the proclamation to Chief of Police Ray
Lavinder; Assistant Chief Terrell Holbrook, and the following representatives from the
Communications Division of the Police Department: Communications Officer Christy
Gorth, Communications Officer Roy Davis, Communications Officer April Payne,
Communications Officer Kellie Brain, and Communications Chief Training Officer Emily
Totten.
Assistant Chief Holbrook advised that an example of the outstanding work
performed by the communications officers was when Communications Officer Gorth
provided guidance by telephone on March 21 to Mrs. Lorna Wanner as she delivered
her daughter at home by herself. He advised that Mrs. Wanner, her infant daughter
Hannah Danielle, and her three other children were present at the meeting. Each of the
Board members expressed their appreciation to the members of the Communications
Division for their efforts to assist citizens.
2. Recoanition of the Roanoke Valley leaislators for their assistance
durina the 2007 Session of the Virainia General Assembly
Mr. Hodge advised that the Board wanted to recognize and thank the
Roanoke Valley legislators for their outstanding work on behalf of the citizens during the
2007 session of the Virginia General Assembly. He advised that the General Assembly
April 1 0, 2007
321
process has become a full-time effort for both the localities and legislators and their
assistance and teamwork were appreciated. He introduced Delegates William Fralin
and Morgan Griffith and Senators Brandon Bell and John Edwards, and he advised that
Delegate Onzlee Ware was unable to attend due to illness. He advised that Sheriff
Gerald Holt, Chief of Police Lavinder, and Josh Myers, Legislative Assistant for
Delegate Griffith, were also present.
Mr. Hodge advised that the Board members and staff worked well with the
legislators this year, and this relationship is important because government is an on
going process whether at the local or state level and the legislators need to be informed
about the County's needs and priorities. He advised that the legislators have the
respect of their fellow legislators throughout the State which gives them the ability to
network on issues. He advised that the legislators worked diligently and used
diplomacy to work through the difficult and sensitive issues of securing a police training
academy for the County, funding for cultural agencies, and support for education.
Each of the Board members, Sheriff Holt, and Chief Lavinder made
comments expressing their admiration, appreciation and gratitude to the legislators for
their assistance. Supervisor Altizer advised that he appreciated very much the efforts
that were made to secure the funding for Explore Park. Each of the legislators
extended their appreciation to the Board members for acknowledging their efforts.
Delegate Griffith advised that an issue of concern for the County now and
in the future is the moratorium on annexation which will expire in 2010. He reported that
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April 10, 2007
there were two attacks on the moratorium in the General Assembly this year which were
defeated and advised that Governor Kaine vetoed a bill that would extend the
moratorium. He suggested that the County start working on this issue with the Virginia
Association of Counties (VACo). Supervisor Altizer thanked Delegate Griffith for his
warning on the annexation issue which is very important to the County and advised that
this subject should be addressed well in advance of the expiration date of 2010.
3. Certificate of recoanition to Arthur M. Whittaker. Sr.. for twelve
years of service on the Roanoke Reaional Airport Commission
Chairman McNamara presented the certificate of recognition to Mr.
Whittaker. The Board members and Chairman Jay Turner, Roanoke Regional Airport
Commission, expressed appreciation to Mr. Whittaker for his many years of service to
the County and the Airport Commission.
IN RE: NEW BUSINESS
.L Reauest to adopt resolution supportina the utilization of industrial
access railroad track funds for Phase !! of the Mennel Millina
Company proiect. (Doua Chittum. Director of Economic
Development)
R-041 007-1
Mr. Chittum advised that staff is requesting that the Board adopt a
resolution supporting the utilization of industrial access railroad track funds for Phase II
of the Mennel Milling Company project on Benois Road in Southwest County. He
April 10, 2007
323
advised that the Board adopted a similar resolution on April 11, 2006, in support of
Phase I of the Mennel Milling Company project. He reported that a resolution of support
is required to be adopted by the local governing body to complete an application for
state rail funding. He advised that no matching County funds are necessary and that
$450,000 is being requested from state funds. He advised that in every locality,
businesses can apply each year for rail access funding with the maximum being
$450,000. He advised that the Department of Rail and Public Transportation has
allowed Mennel Milling Company to apply two years consecutively for these funds since
this is a large and intricate construction project with an investment of more than $30
million and railroad track funds in excess of $1 million. He reported that Mennel Milling
Company was awarded $450,000 last year and he requested that the Board adopt the
resolution supporting their request for $450,000 this year. Mr. Chittum advised that staff
is assisting the City of Salem with an application for their yearly allocation for funding for
the New Millennium project, formerly Hancock Steel, which is located in Roanoke
County and the City of Salem. He advised that no other project in Roanoke County will
be affected by approval of the resolution supporting railroad track funds for Mennel
Milling Company.
There was no discussion.
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April 10, 2007
Supervisor Wray moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
RESOLUTION 041007-1 SUPPORTING THE UTILIZATION OF
INDUSTRIAL ACCESS RAILROAD TRACK FUNDS FOR THE MENNEL
MILLING COMPANY
WHEREAS, the Mennel Milling Company has expressed its intent and desire to
the County of Roanoke to locate its industrial operations in Roanoke County, Virginia;
and
WHEREAS, the Mennel Milling Company and its operation will require rail
access; and whereas, the officials of the Mennel Milling Company, have reported to the
County their intent to apply for industrial access railroad track funds from the
Commonwealth of Virginia's Department of Rail and Public Transportation in the
amount of $450,000 and;
WHEREAS, Section 33.1-221.1:1 of the Code of Virginia declares it to be in the
public interest that access railroad tracks and facilities be constructed to certain
industrial sites, that financial assistance for such construction be provided by the
commonwealth, and that applications for such funds be approved by the local governing
body; and
WHEREAS, the Mennel Milling Company, has requested that the County of
Roanoke provide a resolution supporting its application for said funds which are
administered by the Virginia Department of Rail and Public Transportation.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the
County of Roanoke hereby endorses and supports the application of the Mennel Milling
Company, for $450,000 in industrial access railroad track funds for the purpose of
locating its industrial facility in Roanoke County, Virginia.
On motion of Supervisor Wray to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
April 10, 2007
325
2. Reauest to authorize the execution of !n updated contract with
the Unified Human Services Transportation System. Inc. to
provide the CORTRAN services for Roanoke County for the
period March 1." 2007 throuah February 29. 2008. (John
Chambliss. Assistant County Administrator)
A-041 007-2
Mr. Chambliss advised that this request is to allow the County to extend
the contract with the Unified Human Services Transportation System, Inc. (RADAR) for
CORTRAN for the period March 1, 2007, through February 29, 2008. He reported that
the CORTRAN program is the County's paratransit service for residents at least sixty
years of age or physically or mentally challenged as identified through the Americans
with Disabilities Act (ADA). The CORTRAN program provides curb to curb service,
Monday through Friday, from 7:00 a.m. until 6:00 p.m. Reservations are made on a
first-come, first-served basis, utilizing any of the appropriate vehicles available through
the RADAR system. He advised that the new contract with RADAR is based on a
$35.50 per hour rate, less the fares received, and that the hourly rate for last year was
$34.00 per hour. The average one-way trip for County residents is approximately 45
minutes. Mr. Chambliss advised that the County appropriated approximately $404,000
in fiscal year 2006-2007 budget for the net cost of this program. He reported that there
are limited state or federal funds available for this program and RADAR primarily
applies for these on the County's behalf to assist in purchasing vehicles and for reverse
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April 10, 2007
commute grants to offset the contract costs. He requested that the Board approve the
continuation of this contract.
Supervisor Wray advised that this program serves the needs of the
citizens who are unable to use their own transportation for different reasons and the
County should continue to participate in this important service. Supervisor Wray moved
to approve the staff recommendation (authorize the County Administrator to sign the
renewal contract for CORTRAN service based on the $35.50 per hour rate for the
March 1,2007 - February 29,2008 service period).
Supervisor Church commented that he concurred with Supervisor Wray
that this program is very important to the people who need it and the County should
continue the service. He expressed appreciation to Mr. Chambliss for his assistance
with this program.
Supervisor Wray's motion carried by the following recorded vote:
Supervisors Wray, Church, Altizer, Flora, McNamara
AYES:
NAYS:
R-041 007-3
None
3. Request to approve fiscal year 2007-2008 budaet for the Roanoke
Reaional Airport Commission. (Dan Neel. Director of
Administration and Finance. Roanoke Reaional Airport: Diane D.
Hvatt. Chief Financial Officer)
April 10, 2007
327
Ms. Hyatt advised that the Roanoke Regional Airport Commission
(Commission) is required to submit their budget annually to the Roanoke County Board
of Supervisors and the Roanoke City Council for approval before it can be formally
adopted by the Commission. She advised that the budget for fiscal year 2007-2008
reflects that airport operations are self-supporting and does not require any additional
supplement from either the County or the City. She advised that Dan Neel, Director of
Administration and Finance for the Commission, was present to speak concerning the
budget. She requested that the Board approve the Commission's budget at the
conclusion of Mr. Neel's comments.
Mr. Neel advised that the Commission's budget is self-supporting and that
the revenues are projected to exceed expenditures by approximately $243,000 which is
above what is required by bond covenants for a surplus. These funds will be used to
fund capital improvements, provide matches for state and federal grants, and complete
additional projects not eligible for state or federal funding. He advised that the budget is
slightly less than 7% higher than the 2006-2007 fiscal year, and there are budgeted
increases for operations and maintenance costs due to the age of the buildings. He
advised that higher revenues are being projected due to slight increases in airline rates
and additional landing fees. He also pointed out that there will be additional revenue
from Allegiant Air since they will be completing a full year of service.
Mr. Neel advised that there are two proposed capital expenditures for
projects not to exceed $100,000 in costs which need to be approved by the County and
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April 10, 2007
City. He advised that the first project is Phase 1 of the rehabilitation of the public
parking lots. He advised that they plan to overlay and remark the parking spaces since
the lots are showing increased wear, tear and cracking after seventeen years of use.
The estimated cost for Phase I of this project is $500,000 from local funds.
Mr. Neel advised that the second project is to construct an Aircraft Rescue
and Firefighting (ARFF) training pad and access road. He advised that twice a year, the
ARFF crew arranges for the state's aircraft simulator to be brought to the airport for
training. The simulator has been located on ramp space needed and used by aircraft
for parking. He advised that the estimated cost is $200,000 which is divided between
80% of state funds already received and 20% local funds.
Chairman McNamara inquired if Ms. Hyatt wished to make additional
comments. Ms. Hyatt advised that staff recommends that the Board adopt the
resolution approving the Commission's budget.
Supervisor McNamara advised that the Commission continues to operate
within their budget and does not require County funds; however, he advised that the
County did receive funds in previous years from the Commission to assist with providing
fire and rescue services. He advised that the Commission does an excellent job and he
appreciates their continued work.
There was no discussion.
April 10, 2007
329
Supervisor McNamara moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
RESOLUTION 041007-3 APPROVING THE ROANOKE REGIONAL
AIRPORT COMMISSION BUDGET FOR FISCAL YEAR 2007-2008,
UPON CERTAIN TERMS AND CONDITIONS
WHEREAS, Section 24.B of the Roanoke Regional Airport Commission Act and
Section 17. (a) of the contract between the City of Roanoke, Roanoke County, and the
Roanoke Regional Airport Commission provide that the Commission shall prepare and
submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of
the County and City Council of the City; and
WHEREAS, by report dated March 23, 2007, a copy of which is on file in the
office of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport
Commission has submitted a request that the County approve the fiscal year 2007-2008
budget of the Roanoke Regional Airport Commission.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia that the fiscal year 2007-2008 budget and proposed capital
expenditures for the Roanoke Regional Airport Commission as set forth in the March
23, 2007, report of the Commission Executive Director, a copy of which is incorporated
by reference herein, is hereby APPROVED, and the County Administrator and the Clerk
are authorized to execute and attest, respectively, on behalf of the County, any
documentation, in form approved by the County Attorney, necessary to evidence said
approval.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
330
April 10, 2007
IN RE:
APPOINTMENTS
.L Roanoke Valley Greenway Commission
Chairman McNamara advised that the three-year term of Richard Kelly
expired on April 8, 2007. Mr. Kelly has advised that he does not wish to be reappointed
to serve another three-year term.
2. Western Virainia Water Authority
Chairman McNamara advised that John Williamson, at-large member,
resigned from the Board effective November 16, 2006. He stated that this four-year
term will expire on June 30, 2008. At-large members are selected by the majority vote
of the other six members of the Board and confirmed by Roanoke City Council and the
Roanoke County Board of Supervisors.
IN RE: CONSENT AGENDA
R-041 007-4
Supervisor McNamara moved to adopt the consent resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
April 10, 2007
331
RESOLUTION 041007-4 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
April 10, 2007, 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 Item 1, as
follows:
1. Approval of minutes - March 20 and March 27,2007
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 McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
Ms. Denise Wills. 3829 Thompson Lane, advised that she feels that cats
roaming freely are causing a significant problem in the County and violate the Roanoke
County Code. She provided the Deputy Clerk with a copy of the Code section and a list
of diseases that cats may transmit while roaming. She requested that the Board adopt
a law requiring that cats must remain on their owner's property.
IN RE:
REPORTS
Supervisor McNamara moved to receive and file the following reports.
The motion carried by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
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April 10, 2007
IN RE:
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Continaency
4. Telecommunications Tax Comparison Report
5. Proclamations sianed !rl the Chair
6. Statement of the Treasurer's Accountability per Investment and
Portfolio Policy as of March 31, 2007
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Flora: He advised that he has received another complaint from
a citizen concerning the illegal alien issue in the County. He reminded staff that a report
on this subject is due to the Board next month. He advised that an email was sent to
the Board concerning an article in the Roanoke Times referring to actions that local
governments could take to address this issue and requested that this information be
included in the report.
Supervisor Wrav: He advised that he has spoken with Ms. Wills
concerning a rabies clinic that was to be held in Roanoke County and requested that
Chief Lavinder provide an update. Chief Lavinder advised that they are working with
some of the veterinarians and plan to schedule clinics in north and south County soon.
Supervisor Church: (1) He expressed appreciation to Ms. Hall for
agreeing to contact a publication that is listing an incorrect real estate tax rate for the
County. He advised that he feels it is very important that the public receive accurate
April 10, 2007
333
information. (2) He advised Mr. Conner, a citizen who lives in the Catawba District, that
he has discussed his situation with Billy Driver, Director of Real Estate Valuation, and
they will provide written documentation concerning his options. He expressed
appreciation to Mr. Driver for taking the extra time to work on several other concerns.
(3) He expressed appreciation to Mr. Chambliss for notifying him concerning the recent
fire at Richfields, and advised that he appreciated Mr. Chambliss' attention to County
concerns at all times.
Supervisor McNamara: (1) He advised that as of April 9, he had received
seven invitations to events. He acknowledged that the Chairman receives more
invitations and explained that he was not bringing this subject up to complain. He
wanted to inform citizens that if the Chairman, Board member, or a legislator could not
attend an event, it should not be viewed as a lack of interest in the function or
organization and to know that many things could have prevented their attendance. He
requested that the citizens continue to invite the Board members to events, and they
would attempt to attend as many events as possible.
IN RE:
CLOSED MEETING
At 4:16 p.m., Supervisor McNamara moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (1)
discussion of the resignation and appointment of a specific public officer; namely, Clerk
to the Board of Supervisors; and Section 2.2-3711 A (30) discussion of the award of a
public contract involving the expenditure of public funds, and discussion of the terms or
334
April 10, 2007
scope of such contract, where discussion in an open session would adversely affect the
bargaining position or negotiating strategy of the public body, namely contract with the
Western Virginia Water Authority. The motion carried by the following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
IN RE: WORK SESSIONS
1. Work session to provide an update on the South County Library
and fundina of capital proiects. (Diane Hvatt, Chief Financial
Officer: Diana Rosapepe, Director of Libraries)
The work session was held from 4:30 p.m. until 4:55 p.m. The following
staff was present at the work session: Elmer Hodge, County Administrator; Diane
Hyatt, Chief Financial Officer; Diana Rosapepe, Director of Libraries; and Pete Haislip,
Director of Parks, Recreation and Tourism.
Ms. Rosapepe advised that the Board members have been invited to
attend the Friends of the Library dinner scheduled for Friday, April 13, at 6:30 p.m. at
the 419 Headquarters Library. She reported that they already have 200 people
attending and the dinner will feature a presentation by the architects. She presented
the 360-degree computer simulation of the outside of the proposed library on the
Merriman site which was developed by the architects.
In response to Supervisor Flora's inquiry, Ms. Hyatt advised that value
engineering and construction management will be included in the Request for Proposal
April 10, 2007
335
(RFP) process for the project. Ms. Rosapepe advised that on Monday, April 9, 2007, a
petition was filed with the Community Development Department to rezone the Merriman
site from R-1 to C-2 with a special use permit due to the drive-through window. They
plan to schedule a community meeting in May, and public hearings with the Planning
Commission on June 5 and the Board of Supervisors on June 26.
Ms. Hyatt distributed a color rendering of the proposed South County
Library and a preliminary budget based on the architect's estimate and local
construction costs with an inflation factor of 10% through the midpoint of construction
using mid-grade materials. She advised that the site development costs, which include
retaining walls, grading and fill, are causing the budget to increase. She advised that it
is estimated that they will need to borrow approximately $15.9 million; however, they will
not have the actual amount until construction bids are received. She advised that all of
the capital projects will be brought back to the Board as more information is received
regarding the actual costs versus the estimated costs, and they will try to accommodate
funding of the projects through the timing of bond issues. Mr. Hodge advised that they
are planning to use a balance of existing funds and bonds to finance the capital
projects.
In response to Supervisor Wray's inquiry, Ms. Hyatt advised that 7 acres
will be utilized for the library site and approximately 21 acres will be reserved as
wetlands. Mr. Haislip advised Supervisor Wray that keeping these 21 acres natural has
been discussed; however, there may be some passive development of the area to
336
April 10, 2007
complement the trails such as covered shelters.
Ms. Hyatt advised that the site development includes the driveway to the
library from Merriman Road, parking spaces, and retaining wall; however, it does not
include correction of the curve in the road. Supervisor Wray stated that this curve
needs to be improved because of the anticipated increases in traffic. Mr. Hodge
advised that representatives from the Virginia Department of Transportation (VDOT) will
be present at the April 24 Board meeting to attend a work session and this is one of the
projects planned for discussion.
Mr. Hodge advised that unless there are other suggestions or
recommendations from the Board members, he would recommend proceeding with the
project as presented and updating the Board on a monthly basis.
Supervisor Flora advised that he thought the Board set the maximum cost
of the proje~t at $15 million; however, the budget being presented had a cost of $17
million plus additional funding from VDOT for the roadwork. Ms. Hyatt advised that staff
estimated the project costs at $15 million. Supervisor Wray advised that he had always
understood that site development costs would be in addition to the $15 million budget
for the building. Supervisor Flora advised that he did not want this project to become a
bottomless pit, and they need to decide the maximum amount that they will spend on
the project.
Ms. Hyatt advised that this is the first actual estimate that they have
received from the architects and when asked to decrease the project to 53,000 square
April 10, 2007
337
feet, the architects could not get the same functionality. She advised that if the costs
are reduced, they may have to remove some of the components of the project. Ms.
Hyatt advised that they will hire a construction management firm to evaluate and review
all of the components to determine if the costs are reasonable.
In response to Supervisor Altizer's request, Ms. Hyatt advised that staff
plans to keep the Board updated regarding all capital projects and will provide cost
estimates from staff and professional cost estimates as they are received.
Supervisor McNamara suggested that the proposed library project should
stay within the $15 million bond issue and any additional funds necessary would come
from year end surplus.
Mr. Hodge advised that it was his understanding from the discussion that
the Board members were asking staff to stay within the estimated budgets on each of
the capital projects and provide them with updates as additional information is received.
He advised that another work session will be scheduled for the first meeting in May.
IN RE: CERTIFICATION RESOLUTION
R-041 007-5
At 5:35 p.m., Supervisor McNamara moved to return to open session and
adopt the certification resolution. The motion carried by the following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
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