HomeMy WebLinkAbout4/3/2010 - RegularApril 13, 2010 121
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
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 April 2010. Audio and video recordings of
this meeting will be held on file for a minimum of five (5) years in the office of the Clerk
to the Board of Supervisors.
IN RE: CALL TO ORDER
Chairman Church called the meeting to order at 3:00 p.m.
MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Eddie
"Ed" Elswick, Supervisors Michael W. Altizer, Richard C.
Flora, Charlotte A. Moore
MEMBERS ABSENT: None
STAFF PRESENT: B. Clayton Goodman III, County Administrator; Daniel R.
O'Donnell, Assistant County Administrator; Diane D. Hyatt,
Assistant County Administrator; Paul M. Mahoney, County
Attorney; Becky R. Meador, Clerk to the Board; Teresa
Hamilton Hall, Director of Public Information
IN RE: OPENING CEREMONIES
The invocation was given by Pastor Roger Graves of Maranatha
Fellowship Church. The Pledge of Allegiance was recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF
AGENDA ITEMS
B. Clayton Goodman III, County Administrator, requested that, pursuant to
the Code of Virginia, the following closed session be added as Item L-3:
Section 2.2-3711(A)(3) To discuss or consider the disposition of real
property, namely the lease or sale of Bent Mountain Elementary School, where the
discussion in an open meeting would adversely affect the bargaining position or
negotiating strategy of the County.
22 April 13, 2010
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Proclamation declaring April 11 through 17, 2010, as National
Public Safety Telecommunicators Week in the County of Roanoke
Director of Communications/Information Technology Bill Greeves;
Assistant Director of Communications Bill Hunter and Chief Communications Officer Pat
Shumate thanked the Board for the proclamation. Communications Officers present
were Aleta Coleman, April Payne and Emily Totten.
IN RE: NEW BUSINESS
1. Request to adopt the Roanoke County School Budget for the
fiscal year 2010-2011 (Michael W. Stovall, School Board
Chairman; Dr. Lorraine Lange, School Superintendent; Penny
Hodge, Assistant Superintendent of Finance; Diane D. Hyatt,
Assistant County Administrator)
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Attending from the School Board were members David Wymer and Jerry
Canada. Dr. Lange and the School Board members all expressed their appreciation for
the support of the County Board of Supervisors. School Board Chairman Michael
Stovall personally thanked Chairman Church for his leadership and commitment during
the worst budget year in history.
Chuck Lionberger, 3229 Bromley Road, spoke on behalf of the Roanoke
County Council on PTA's, thanking the Board for their support of the School's budget.
Each of the Supervisors commended everyone who was involved in the
fiscal year 2010-2011 budget and for the collaboration throughout the process.
Diane Hyatt, Assistant County Administrator remarked that other areas
can look to Roanoke County as to how Boards can work together.
Supervisor Church moved to approve the request. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
2. Request to accept and appropriate grant funds in the amount of
$80,000 from the Virginia Department of Transportation for a
fiscal year 2009-2010 Transportation Enhancement Program to
help finance the construction of the eastern section of the
Roanoke River Greenway and appropriation of $20,000 in
April 13, 2010 123
matching funds (Pete Haislip, Director of Parks, Recreation and
Tourism; Janet Scheid, Greenway Planner)
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Janet Scheid presented the Board report. There was no discussion.
Supervisor Altizer moved to approve the request with the matching funds
coming from the Parks and Recreation fee class account. The motion carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
3. Request to appropriate funds in the amount of $12,575.35 from
the Board Contingency Fund to upgrade the Board Room
microphone system to meet Federal Communication Commission
(FCC) requirements (Becky R. Meador, Clerk to the Board; Bill
Hunter, Assistant Director of Communications)
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Ms. Meador advised the Board of the necessity to upgrade the Board
Room microphone system to meet FCC requirements by the deadline of June 12, 2010.
She also indicated that a rebate in the amount of $1,000 would be forthcoming on the
old equipment. Additionally, the Clerk has requested a hanging microphone be installed
over the presentation area next to the speaker's podium. For some time now, there
have been sound issues both with audio recording and television broadcasting, as it is
difficult to hear speakers when they move to this area to make presentations via maps,
charts, etc.
Bill Hunter indicated to the Board that Roanoke County has no other
recourse but to comply.
There was no discussion and Supervisor Church moved to approve the
request and appropriate to the Board Contingency Fund a rebate in the amount of
$1,000 offered by the manufacturer. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
4. Request to appropriate funds in the amount of $372,800 for the
Energy Efficiency and Conservation Block Grant (EECBG) from
the United States Department of Energy (Anne Marie Green,
Director of General Services)
124 April 13, 2010
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Ms. Green explained to the Board that Roanoke County has been
awarded the grant based on its position as the tenth most populous county in Virginia.
These monies are part of the federal stimulus package and can only be spent on certain
items related to energy efficiency, conservation, job creation and preservation.
Roanoke County received notification of the award on December 31, 2009, and the
funds must be fully allocated within 18 months and spent within 36 months of that date.
Matching funds are not required.
Roanoke County staff is currently negotiating an energy performance
contract with Trane for selected lighting and heating, ventilating and air conditioning
control retrofits that exhibit substantial energy savings and reasonable paybacks.
Ms. Green indicated the Roanoke County Community Leaders
Environmental Action Roundtable (RC-CLEAR) has begun raising awareness of energy
use in the community, most recently working with Roanoke County Schools on Green
Ribbon Week, staffing booths at the Energy Expo in November and the Roanoke Valley
Homebuilders Association Home Show in March.
There was no discussion and Supervisor Moore moved to approve the
request for use in retrofitting County facilities and providing support for the mission of
RC- CLEAR. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
5. Request to approve the Roanoke Valley Resource Authority
(RVRA) Budget for fiscal year 2010-2011 (Daniel Miles, Chief
Executive Officer, RVRA; Anne Marie Green, Director of General
Services; Rebecca E. Owens, Director of Finance)
Ms. Green explained that, per the Member Use Agreement, the charter
members of the Authority must approve the budget each fiscal year. She explained that
the 2010-2011 budget would impact the County in the following ways: 1) Tipping fees
for Charter Members will remain the same. 2) The County will continue to receive a
municipality fee of $300,000 annually from the RVRA to compensate for the siting of the
landfill within the County. The City of Roanoke also continues to receive a municipality
fee of $100,000 to compensate for the siting of the transfer station. 3) The County will
receive payment of $49,500 during the fiscal year 2010-2011 for providing accounting
services.
All of these items are included in the fiscal year 2010-2011 proposed
Roanoke County budget.
April 13, 2010 125
Dan Miles, Chief Executive Officer of the RVRA, outlined the highlights of
the budget. A copy of the RVRA operating budget for fiscal year 2010-2011 is on file in
the Clerk to the Board of Supervisors' office.
Supervisor Altizer asked Mr. Miles for a projection of what the next few
years might bring. Mr. Miles explained that fiscal 2010-2011 was the third year of using
the reserve. He indicated that a $1.7 million deficit is anticipated for fiscal 2011-2012
and it is anticipated the RVRA could maintain and keep stable the tipping fees for the
next three years; however, this could not continue indefinitely. Mr. Miles advised that
when the bonds were paid off, it is anticipated that the reserves will be replenished.
RESOLUTION 041310-5 APPROVING THE ROANOKE VALLEY
RESOURCE AUTHORITY BUDGET FOR THE FISCAL YEAR
2010-2011
WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use
Agreement provides that the Authority shall prepare and submit its operating budget for
the forthcoming fiscal year to the Board of Supervisors of the County, the City Council of
the City of Roanoke and the Town Council of the Town of Vinton; and
WHEREAS, by report dated March 25, 2010, a copy of which is on file in the
office of the Clerk to the Board, the Chief Executive Officer of the Roanoke Valley
Resource Authority has submitted a request that the County approve the fiscal year
2010-2011 budget of the Roanoke Valley Resource Authority.
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA that the fiscal year 2010-2011 budget for the
Roanoke Valley Resource Authority as set forth in the March 25, 2010, report of the
Authority Chief Executive Officer, 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 Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
6. Request to approve the health insurance plan and rates for
County and School employees for fiscal year 2010-2011 (Rebecca
E. Owens, Director of Finance)
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126 April 13, 2010
Supervisor Altizer suggested the possibility of imposing a cap on the
health insurance reserves, adjusting this cap each year and making this part of the
budget process on an annual basis. It was agreed by consensus to conduct a work
session on this subject.
Supervisor Altizer moved to approve the request and to schedule a work
session to discuss a cap on the health insurance reserves. The motion carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
7. Request to approve the dental insurance plan and rates for
County and School employees for fiscal year 2010-2011 (Rebecca
E. Owens, Director of Finance)
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There was no discussion.
Supervisor Church moved to approve the request. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
8. Request to approve a wellness program for Roanoke County
employees (Joe Sgroi, Director of Human Resources; Rebecca E.
Owens, Director of Finance; Anita Hassell, Assistant Director of
Human Resources)
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Mr. Sgroi highlighted the proposed program, Ms. Hassell outlined the
process of choosing Living Well Health Solutions to administer the program and Ms.
Owens reviewed the financial considerations. Representatives of Living Well Health
Solutions were in attendance.
Supervisor Moore asked if retirees were included in this program. Ms.
Hassell responded that retirees would be included if they are participants in Roanoke
County's healthcare plan.
Supervisor Flora inquired about the training for a nurse practitioner and
Tom Revels of Living Well described both the role and education requirements.
April 13, 2010 127
Supervisor Moore moved to approve the request with Living Well Health
Solutions to administer the wellness program. The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
9. Resolution granting a waiver to Hollins University under Section
13-23 of the Roanoke County Code to the provisions of the
County's Noise Ordinance, Article II. Noise of Chapter 13.
Offenses -Miscellaneous (Paul M. Mahoney, County Attorney)
Mr. Mahoney noted that Hollins University has requested the waiver for an
outdoor concert to be held on Saturday, May 1, 2010. The concert will not end until
after 10:00 p. m.
Attending from Hollins University were: David Carlson, Chief of Security;
Patty O'Toole, Dean of Students; Manat Wooten, Director of Student Activities; Lindsay
Stearn, student member of the Activity Board.
There was no discussion.
RESOLUTION 041310-9 GRANTING A WAIVER TO HOLLINS
UNIVERSITY UNDER SECTION 13-23 OF THE ROANOKE
COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S
NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13.
OFFENSES -MISCELLANEOUS
WHEREAS, Hollins University, a private university located in north Roanoke
County will be holding an outdoor concert on Saturday, May 1, 2010, ending at 11:00
p.m. on the grounds of the University; and
WHEREAS, in order to accommodate the advertised time frame and any
possible delays due to weather for this event, Hollins University is requesting a waiver
of the County noise ordinance for one hour from 10:00 p.m. until 11:00 p.m., on
Saturday, May 1, 2010; and
WHEREAS, Section 13-23 of the Roanoke County Code establishes certain
standards for the Board of Supervisors to grant waivers from the provisions of the
Roanoke County Noise Ordinance to avoid undue hardship upon consideration of
certain factors set forth in sub-section (b) of Section 13-23 and after making certain
alternative findings.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
28 April 13, 2010
1. That the provisions of Section 13-21. Specific acts as noise, sub-section
(5) and Section 13-20. General prohibition of Article II. Noise be WAIVED for a period of
one (1) hour until 11:00 p.m. on Saturday, May 1, 2010.
2. That this Waiver is granted specifically to Hollins University for the event
scheduled at the University on Saturday, May 1, 2010.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
10. Request to discuss the possible acquisition of the Bent Mountain
Elementary School property (B. Clayton Goodman III, County
Administrator)
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Mr. Goodman advised that this new business item was added to the
agenda at the request of Supervisor Elswick to seek the Board's authorization for the
County to submit to the Roanoke County School Board a written request to transfer
ownership of the Bent Mountain Elementary School to the Roanoke County Board of
Supervisors.
Supervisor Elswick explained that Bent Mountain School has always been
a focal point for the community. He outlined that the citizens of Bent Mountain would
like some sort of recreation facility, of which the School Board has been notified.
Citizens have expressed to Supervisor Elswick they feel they can manage this facility
themselves in conjunction with Roanoke County Parks and Recreation. Additionally,
Supervisor Elswick indicated that unbeknownst to the Board of Supervisors, the School
Board has been having meetings with the same management firm the community was
working with.
Supervisor Altizer contemplated where the Board should go from this
point. He felt a work session might be in order to determine, for example, what
responsibility Roanoke County Parks and Recreation would have.
Mr. Goodman advised that if the Board so desired, background
information could be obtained and, working in conjunction with Mr. Mahoney, a formal
presentation could be made to the entire Board.
Mr. Mahoney indicated that it was his understanding that there are three
options: 1) the School Board could declare this a surplus property and convey the
property to the Roanoke County Board of Supervisors; 2) the School Board could issue
a memorandum of understanding or lease the property; or 3) the School Board could
lease the property to a third party. He suggested a work session to further discuss the
details would be appropriate at the direction of the Board.
April 13, 2010 ~ 29
Supervisor Elswick moved for a work session on the possible acquisition
of Bent Mountain Elementary School property. The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing conveyance of a 20' water line easement to
the Western Virginia Water Authority to be located within a public
right-of-way known as Martindale Avenue, said right-of-way
having been dedicated to the Board of Supervisors, Hollins
Magisterial District (Paul M. Mahoney, County Attorney)
There was no discussion. Supervisor Flora moved to approve the first
reading and schedule the second reading for April 27, 2010. The motion carried by the
following recorded vote:
AYES: Supervisors Moore, Flora, Elswick, Church
NAYS: None
ABSTAIN: Supervisor Altizer
IN RE: CONSENT AGENDA
RESOLUTION 041310-11 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM F -CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for April 13,
2010 designated as Item F- Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 4 inclusive, as follows:
1. Approval of Minutes -November 17, 2009
2. Request to accept and appropriate funds in the amount of $15,000 from a
reimbursement from the Town of Vinton for utility relocations for the Chestnut
Mountain Circle (Route 1034) Rural Addition Project, Vinton Magisterial
District
130 April 13, 2010
3. Donation of a new variable width public drainage easement across property of
the Western Virginia Regional Jail Authority (Tax Map No. 064.03-01-19.03)
Instrument No. 200606783, page 421, Catawba Magisterial District
4. Request to authorize the Roanoke County Police Department to execute
contracts with political subdivisions to use the Laurel Mountain Driver Training
Center
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: REQUESTS FOR PUBLIC HEARINGS
1. Request for a Public Hearing on an amendment of the Roanoke
County Code to Article II. Noise of Chapter 13 - Offenses-
Miscellaneous (Paul M. Mahoney, County Attorney)
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Mr. Mahoney reported that the Board of Supervisors approved an
ordinance amending various sections of the noise ordinance at first reading on March
23, 2010. The Board then directed staff to publicize notice of a public hearing for 7:00
p.m. on April 27, 2010, to provide an opportunity for citizen comment on the proposed
changes. However, due to scheduling conflicts, Mr. Mahoney recommended that the
public hearing be rescheduled to May 25, 2010, at 7:00 p.m.
There was no discussion. Ms. Moore moved to approve the staff
recommendation of scheduling a public hearing on amendments to this ordinance for
May 25, 2010, at 7:00 p.m. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: REPORTS
Supervisor Church moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick Church
NAYS: None
1. General Fund Unappropriated Balance
April 13, 2010 131
2. Capital Reserves
3 Reserve for Board Contingency
4. Treasurer's Statement of Accountability per Investment and
Portfolio Policy as of March 31, 2010
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Moore thanked everyone who came out to Green Hill Park for
the Susan G. Komen 5 Mile Run.
Supervisor Church thanked staff for the lively debate concerning Green
Ridge Court, which was moved to the Green Ridge Recreation Center due to the
inclement weather.
IN RE: CLOSED MEETING
At 4:55 p.m. Chairman Church moved to go into closed meeting following
the work sessions pursuant to the Code of Virginia as follows: 1) Section 2.2-
3711(A)(3): To discuss or consider the disposition of real property for public purposes,
namely conveyance of an easement to AEP for the southwest County transmission line;
2) Section 2.2-3711(A)(7): Consultation with legal counsel and briefings by staff
regarding specific legal matters, namely consideration of the Jack Smith Industrial Park
and Blue Ridge Library agreements, requiring the provision of legal advice by such
counsel; and 3) Section 2.2-3711(A)(3): Discussion in an open meeting would adversely
affect the bargaining position or negotiating strategy of the County, namely the lease or
sale of Bent Mountain Elementary School.
The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
The closed meeting was held from 5:12 p.m. until 5:52 p.m.
IN RE: WORK SESSIONS (Training Room - 4t" floor)
At 4:56 p.m. Chairman Church adjourned to the 4t" floor for the work
sessions and closed meeting.
At 5:00 p.m. Chairman Church stated that due to time constraints, the
closed session would be held before the work sessions.
1. Work session on public transportation -County of Roanoke
132 April 13, 2010
Transportation Program (CORTRAN) (B. Clayton Goodman III,
County Administrator; Laurie L. Gearheart, Assistant Director of
Finance; Terrie Cochran, Executive Secretary)
The work session was held from 6:00 p.m. until 6:29 p.m.
A copy of the PowerPoint presented is on file for inspection in the office of
the Clerk to the Board.
Supervisor Flora asked to look over the figures compiled when
considering the option of a public transit authority, as he stated he is aware of Federal
subsidies associated with public transit.
It was the consensus of the Board to make the following changes effective
July 1, 2010: 1) Increase the fee, which is currently $3.50 for a one way trip to $4.00; 2)
Implement and enforce a no show policy; 3) Limit the amount of tickets that can be
purchased at a time; and 4) Require nursing homes to purchase tickets for a specific
person instead of in bulk.
Additionally, it was indicated that Terrie Cochran and Laurie Gearheart
would continue to monitor the program during fiscal 2010-2011 and collect additional
data.
2. Work session to present the proposed fiscal year 2010-2011
budget (B. Clayton Goodman III, County Administrator; Brent
Robertson, Director of Management and Budget)
The work session was held from 6:30 p.m. until 6:55 p.m.
Mr. Goodman outlined to the Board the proposed budget for fiscal 2010-
2011. A copy of the proposed budget is on file for inspection in the office of the Clerk to
the Board. A public hearing on this budget will take place on April 27, 2010.
IN RE: CERTIFICATION RESOLUTION
At 6:59 p.m., Chairman Church moved to return to open session and
adopt the certification resolution.
RESOLUTION 041310-13 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
~..
April 13, 2010 133
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 member's
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 Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: ADJOURNMENT
Chairman Church adjourned the meeting at 7:00 p.m.
Submitted by: Approved by:
Becky R. ador ~ Jo eph B. "Butch" Church
Clerk to the Board Chairman
134
April 13, 2010
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