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HomeMy WebLinkAbout4/10/2012 - RegularApril 10, 2012 223 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 2012. 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. Audio records of the work sessions are not available due to technical difficulties with the recorder. IN RE: CALL TO ORDER Acting Chairman Altizer called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Eddie "Ed" Elswick and Charlotte A. Moore MEMBERS ABSENT: Supervisor Richard C. Flora STAFF PRESENT: B. Clayton Goodman III, County Administrator; Diane D. Hyatt, Assistant County Administrator; Daniel R. O'Donnell, Assistant County Administrator; Paul M. Mahoney, County Attorney; Teresa H. Hall, Director of Public Information and Deborah C. Jacks, Clerk to the Board IN RE: OPENING CEREMONIES The invocation was given by Bishop Harry M. Miller, Jr. of the Roanoke Valley Cathedral of Praise. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Joseph B. Obenshain, Senior Assistant County Attorney, upon his retirement after twenty -four (24) years of service (Paul M. Mahoney, County Attorney) Acting Chairman Altizer presented the resolution and quilt to Mr. Obenshain. Each of the Supervisors offered their congratulations and thanks for his many years of service. In attendance with Mr. Obenshain was his wife, Marcha. 224 April 10, 2012 RESOLUTION 041012 -1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JOSEPH B. OBENSHAIN, SENIOR ASSISTANT COUNTY ATTORNEY, UPON HIS RETIREMENT AFTER MORE THAN TWENTY -FOUR (24) YEARS OF SERVICE WHEREAS, Joseph B. Obenshain was hired on February 16, 1988, and has worked as the Senior Assistant County Attorney during his tenure with Roanoke County; and WHEREAS, Mr. Obenshain retired on February 29, 2012, after more than twenty - four (24) years of devoted, faithful and expert service with the County; and WHEREAS, during his time serving Roanoke County, Mr. Obenshain ably and diligently represented the Roanoke County School Board and School administration, including special education and personnel matters, and was instrumental in the negotiations for the acquisition of the Hidden Valley High School property; and WHEREAS, during his time serving Roanoke County, Mr. Obenshain skillfully and competently represented the Planning Commission, the Board of Zoning Appeals, the Greenway Commission, and the Regional Cable Television Committee; and WHEREAS, during his time serving Roanoke County, Mr. Obenshain carefully and meticulously represented the Departments of Social Services; Community Development, General Services, Fire and Rescue, Police, Purchasing, Risk Management, Human Resources, and the Sheriff; and WHEREAS, during his time serving Roanoke County, Mr. Obenshain handled a wide variety of transactional and litigation matters benefitting the County and its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to JOSEPH B. OBENSHAIN for more than twenty -four (24) 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 Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick NAYS: None ABSENT: Supervisor Flora 2. Proclamation declaring April 8 through 14, 2012, as National Public Safety Telecommunicators Week in the County of Roanoke (Bill Hunter, Assistant Director of Communications) Acting Chairman Altizer presented the proclamation to Bill Hunter, April 10, 2012 225 Assistant Director of Communications. Also present were Bill Greeves, Director of Communications and Information Technology; Pat Shumate, Chief Communications Officer; Sharon Reynolds, Lead Communications Officer and Emily Totten, Chief Communications Training Officer. Mr. Hunter issued an invitation to the annual open house. All Supervisors thanked the group for their service. IN RE: NEW BUSINESS 1. Request to approve the Roanoke Valley Resource Authority (RVRA) Budget for fiscal year 2012 -2013 (Rebecca E. Owens, Director of Finance; Anne Marie Green, Director of General Services; Daniel Miles, Chief Executive Officer, RVRA) Ms. Green reviewed the request to approve the budget. Mr. Miles outlined the actual budget. Ms. Owens was in attendance to answer any questions. Supervisor church asked Mr. Miles to review the bond retirement. Mr. Miles advised the 20 -year revenue bonds were paid off one year early. He explained originally, it was anticipated that once the bond debt was retired there would be a windfall. However, with the downturn in the economy starting in 2006, tonnages have dropped steadily. Additionally, interest income went from $1 million to $28,000. Supervisor Church then asked Mr. Goodman about the three percent (3 %) increase for salaries. Mr. Goodman advised Mr. Miles has found the funds, although Roanoke County has not finalized their numbers. Supervisor Church then asked if the bottom falls out on the Roanoke County side what would happen at the Resource Authority. Mr. Goodman explained that that would be up to the Resource Authority. RESOLUTION 041012 -2 APPROVING THE ROANOKE VALLEY RESOURCE AUTHORITY BUDGET FOR THE FISCAL YEAR 2012 -2013 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 29, 2012, 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 2012 -2013 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 2012 -2013 budget for the Roanoke Valley Resource Authority as set forth in the March 29, 2012, report of the Authority Chief Executive Officer, a copy of which is incorporated by reference herein, is 226 April 10, 2012 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 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, Church, Elswick NAYS: None ABSENT: Supervisor Flora 2. Request to approve the health insurance plan and rates for County and School employees for fiscal year 2012 -2013 (Rebecca E. Owens, Director of Finance) A- 041012 -3 Ms. Owens outlined the rates and noted Ms. Hassell was present to answer any questions. Supervisor Altizer asked if the savings for new participants in the wellness program was included in the budget with Ms. Owens responding in the affirmative. Supervisor Church commented the wellness program has paid for itself. He then asked Ms. Owens if she was comfortable with the reinsurance elimination. Ms. Owens outlined the specific stop loss and indicated the County may have been over insured. She indicated on a going forward basis, the plan and rates will always be budgeted a few percentages higher to compensate for the claims fluctuation and everyone involved was comfortable with removing the extra reinsurance. Supervisor Altizer commented staff has done a great job by implementing changes with prudent decisions that will benefit both the employees and the citizens. Supervisor Altizer moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, NAYS: None ABSENT: Supervisor Flora April 10, 2012 227 Health Rates -No Wellness Program PPO Plan Design Increase Monthly County Employee Employee for Premium Benefit Rate Pays Employee' Current 2011 -2012 Subscriber Only 506.54 457.18 49.36 9.74% $ - Subscriber + 1 minor 715.04 486.94 228.10 31.90% $ - Employee + Spouse 1038.38 677.18 361.20 34.78% $ - Family 1215.88 789.92 425.96 35.03% $ - Married School & County Couple 1215.88 976.26 239.62 19.71% $ - Renewal 2012 -2013 Key Care 200 Plan Subscriber Only 506.54 457.18 49.36 9.74% $ - Subscriber + 1 minor 715.04 486.94 228.10 31.90% $ - Employee + Spouse 1038.38 677.18 361.20 34.78% $ - Family 1215.88 789.92 425.96 35.03% $ - Married School & County Couple 1215.88 976.26 239.62 19.71% $ - Health Rates - Wellness Proqram PPO Plan Design Employee Pays Increase /(Decrease) for Employee Monthly County Employee Premium Benefit Rate 506.54 482.18 24.36 4.81% 715.04 511.94 203.10 28.40% 1038.38 702.18 336.20 32.38% 1215.88 814.92 400.96 32.98% 1215.88 1,001.26 214.62 17.65% Note: Working couple with both wellness participants 228 April 10, 2012 receive $50 reduction each month Key Care 200 Plan 27.98 506.54 497.18 9.36 1.85% $ - 715.04 526.94 188.10 26.31% $ (15.00)' 1038.38 717.18 321.20 30.93% $ (15.00)> 1215.88 829.92 385.96 31.74% $ (15.00) 1215.88 1,016.26 199.62 16.42% $ (15.00)' 3. Request to approve the dental insurance plan and rates for County and School employees for fiscal year 2012 -2013 (Rebecca E. Owens, Director of Finance) A- 041012 -4 Ms. Owens outlined the following dental rates. There was no discussion. Supervisor Altizer moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, NAYS: None ABSENT: Supervisor Flora Roanoke County and Roanoke County Schools Dental Insurance Renewal Rates 2012 -2013 Employees: Current 2011 -2012 Dental Plan Increase Monthly County > Employee Employee for Retiree Premium Benefit Rate Pays Employee Rate Subscriber Only 27.98 21.10 6.88 24.59% $ - 41.48 Subscriber + 1 45.54 26.36 19.18 42.12% $ - 67.74 Family 78.82 38.48 40.34 51.18% $ - 117.96 Married School & County Couple 78.82 56.62 22.20 28.17% $ - n/a Renewal 2012 -2013 Dental Plan Subscriber Only 1 28.96 22.08 6.88 1 23.76% $ - 42.93 Subscriber + 1 1 47.14 27.96 19.18 1 40.69% $ - 70.11 April 10, 2012 229 4. Resolution approving and adopting the recommendation of the Roanoke County Bonding Committee to set April 24, 2012, as a public hearing in anticipation of declaring the developer Al M. Cooper Construction, Inc. of Belfair Heights, to be in default and to authorize officials of Roanoke County to exercise its rights under the developer's site development agreements and erosion and sediment control agreements and the accompanying site development letter of credits and erosion and sediment control letters of credit (Tarek Moneir, Deputy Director of Development) Mr. Moneir reviewed the request for the resolution. Supervisor Moore asked if the developer still has not paid the fees with Mr. Moneir responding in the negative. Supervisor Church inquired if the Community Development Department has attempted to resolve with no results from the developer with Mr. Moneir responding in the negative. Supervisor Altizer inquired of Mr. Mahoney if this issue had not been addressed previously with Mr. Mahoney responding it was another bond. Mr. Mahoney explained staff is seeking the Board's permission to hold a public hearing and send out letters of notice. The developer will have an opportunity to come before the Board. This has been done in the past; however it was a different development. RESOLUTION 041012 -5 APPROVING AND ADOPTING THE RECOMMENDATION OF THE ROANOKE COUNTY BONDING COMMITTEE TO SET APRIL 24, 2012, AS PUBLIC HEARING IN ANTICIPATION OF DECLARING THE DEVELOPER AL M. COOPER CONSTRUCTION, INC. OF BELFAIR HEIGHTS (LOCATED ALONG BUCK MOUNTAIN ROAD IN THE CAVE SPRING MAGISTERIAL DISTRICT), TO BE IN DEFAULT AND TO AUTHORIZE OFFICIALS OF ROANOKE COUNTY TO EXERCISE ITS RIGHTS UNDER THE "DEVELOPER'S SITE DEVELOPMENT AGREEMENT" AND THE ACCOMPANYING SITE DEVELOPMENT LETTER OF CREDITS WHEREAS, Al M. Cooper Construction, Inc., a Virginia corporation (hereafter "Developer"), as developers of Belfair Heights in the Cave Spring Magisterial District of Roanoke County, on or about October 12, 2005, entered into an Erosion and Sediment Control Agreement (hereafter "E & S Agreement ") with the County of Roanoke and provided an irrevocable Letter of Credit issued by New River Valley Bank of Virginia in the amount of $ 21,010 to insure the construction and maintenance of certain erosion Family 1 81.58 41.24 40.34 49.45% $ - 122.09 Married School & County Couple 1 81.58 59.38 22.20 27.21% $ - n/a 4. Resolution approving and adopting the recommendation of the Roanoke County Bonding Committee to set April 24, 2012, as a public hearing in anticipation of declaring the developer Al M. Cooper Construction, Inc. of Belfair Heights, to be in default and to authorize officials of Roanoke County to exercise its rights under the developer's site development agreements and erosion and sediment control agreements and the accompanying site development letter of credits and erosion and sediment control letters of credit (Tarek Moneir, Deputy Director of Development) Mr. Moneir reviewed the request for the resolution. Supervisor Moore asked if the developer still has not paid the fees with Mr. Moneir responding in the negative. Supervisor Church inquired if the Community Development Department has attempted to resolve with no results from the developer with Mr. Moneir responding in the negative. Supervisor Altizer inquired of Mr. Mahoney if this issue had not been addressed previously with Mr. Mahoney responding it was another bond. Mr. Mahoney explained staff is seeking the Board's permission to hold a public hearing and send out letters of notice. The developer will have an opportunity to come before the Board. This has been done in the past; however it was a different development. RESOLUTION 041012 -5 APPROVING AND ADOPTING THE RECOMMENDATION OF THE ROANOKE COUNTY BONDING COMMITTEE TO SET APRIL 24, 2012, AS PUBLIC HEARING IN ANTICIPATION OF DECLARING THE DEVELOPER AL M. COOPER CONSTRUCTION, INC. OF BELFAIR HEIGHTS (LOCATED ALONG BUCK MOUNTAIN ROAD IN THE CAVE SPRING MAGISTERIAL DISTRICT), TO BE IN DEFAULT AND TO AUTHORIZE OFFICIALS OF ROANOKE COUNTY TO EXERCISE ITS RIGHTS UNDER THE "DEVELOPER'S SITE DEVELOPMENT AGREEMENT" AND THE ACCOMPANYING SITE DEVELOPMENT LETTER OF CREDITS WHEREAS, Al M. Cooper Construction, Inc., a Virginia corporation (hereafter "Developer"), as developers of Belfair Heights in the Cave Spring Magisterial District of Roanoke County, on or about October 12, 2005, entered into an Erosion and Sediment Control Agreement (hereafter "E & S Agreement ") with the County of Roanoke and provided an irrevocable Letter of Credit issued by New River Valley Bank of Virginia in the amount of $ 21,010 to insure the construction and maintenance of certain erosion 230 April 10, 2012 and sediment control facilities in connection with the development of Belfair Heights; and WHEREAS, the Developer subsequently, on or about February 26, 2007 entered into a Land Subdivider's Agreement with the County of Roanoke and was granted approval to subdivide a portion of the Developer's property and to record a plat of subdivision for the development to be known as Belfair Heights and provided an irrevocable Letter of Credit issued by Valley Bank in the amount of $192,629 to insure the construction, completion and maintenance of improvements to the land; and WHEREAS, Developer has partially complied with its legal responsibilities under the aforesaid E & S and Land Subdivider's Agreements and Roanoke County officials have authorized multiple partial releases but a balance of $47,890.05 remains on deposit with New River Valley Bank to secure the completion of the requirements under the Land Subdivider's Agreement; and WHEREAS, the Bonding Committee for Roanoke County meeting on March 26, 2012, at the Roanoke County Administration Building considered the documentation as to the status of this subdivision project and voted to recommend that the Board of Supervisors schedule a public hearing to consider declaring the Developer to be in default and that the County take all necessary actions to collect the outstanding surety proceeds in order to complete this development. NOW THEREFORE, be it RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a public hearing be scheduled for April 24, 2012, at 7:00 p.m. at the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, Virginia, 24018 to hear testimony and proposals from Al M. Cooper Construction, Inc. and New River Valley Bank concerning the recommendations of the Bonding Committee to declare the Developer in default and to collect the proceeds from the letters of credit in order to complete the development of Belfair Heights, in accordance with the Land Subdivider's Agreement. 2. That the County Administrator, the Director of the Department of Community Development, his staff and agents, and the Office of the County Attorney are hereby directed to provide appropriate notices to the Developer and the Surety of this public hearing, and are further authorized to take such action as may be necessary to fully assert and defend the rights and obligations of Roanoke County in this regard. 3. This Resolution shall be in full force and effect from the date of its adoption. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick NAYS: None ABSENT: Supervisor Flora April 10, 2012 231 5. Request to appropriate $26,150 for professional services related to the search for a new Police Chief (Diane D. Hyatt, Assistant County Administrator) A- 041012 -6 Ms. Hyatt explained Springsted, Inc. was chosen for the search for a new Police Chief. This position was posted on a national level and closed on April 7, 2012 with sixty -five (65) applicants. Supervisor Church indicated this firm has been used in the past and the Board looks at this position as very important and it is critical that the right person to be the Chief of Police. He then inquired what the next steps would be with Mr. Goodman advising the applications would be vetting and reviewed to meet the Roanoke County guidelines. Further, this should be accomplished by April 19, 2012, and would then be scaled down for interviews and should be completed sometime in May of 2012. He reiterated that it is a very critical position for the future of the County of Roanoke. Supervisor Elswick commented he wholeheartedly supports the process that Mr. Goodman, staff and the consultant are going through; they are doing an excellent job and it is worth every penny they are paid. Supervisor Church moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, NAYS: None ABSENT: Supervisor Flora IN RE: FIRST READING OF ORDINANCES 1. Ordinance authorizing the vacation of 15 feet wide public utility easement as shown on the plat of Section 1, Sugarloaf Highlands of record in Plat Book 7 at page 43 in the Roanoke County Circuit Court Clerk's Office, said public utility easement being located off Elbert Drive between Lots 8 and 9 (now re- subdivided and shown as Lot 9A on a plat of record in Plat Book 16 at page 142 in the above mentioned Clerk's Office), Windsor Hills Magisterial District (Tarek Moneir, Deputy Director of Development) Mr. Moneir explained this is the first reading of this ordinance and outlined the request. He indicated the applicant was in attendance to answer any questions. There was no discussion. Supervisor Elswick moved to approve the first reading and scheduled the 232 April 10, 2012 second reading and public hearing for April 24, 2012. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick, Flora NAYS: None ABSENT: Supervisor Flora IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance authorizing the granting of a temporary construction easement and a permanent easement to Appalachian Power Company on property owned by the Roanoke County Board of Supervisors known as Leslie Lane (tax map # 077.15 -01- 11.00), Cave Spring Magisterial District (Paul M. Mahoney, County Attorney) Mr. Mahoney explained this is the second reading of this ordinance and there has been no change from the first reading on March 27, 2012. A public hearing must be held before the disposal of any public property. He indicated staff has reviewed and concurs with the amount and the selling of this easement. Appalachian Power Company (AEP) is scheduled to improve Leslie Lane and will install new distribution lines to upgrade the electrical system in this section of the City and County. Acting Chairman Altizer opened and closed the public hearing with no citizens to speak concerning this item. Supervisor Moore stated she had some comments and concerns. AEP wants to replace four (4) existing poles and make them taller to go to the substation, up to fifty -two feet (52') tall. She commented AEP has stated that these lines were distribution lines, not transmission lines, which were the big lines that went on the poles behind the County building and in the Green Valley subdivision. She advised that the power lines installed at the CRT in Roanoke County a few years back were also distribution lines and those lines were installed underground. AEP is planning on reconstructing this road and making it a really nice road to help serve future development in the area and she stated she also thinks underground utilities better serve our area and make it look better. She advised she can only speak for herself, but she would be willing to waive the $7,500 if AEP would be willing to put these lines underground; although that would be a Board action. She then asked Mr. Goodman to confirm that AEP is not willing to consider this option. Mr. Goodman advised he had an opportunity to meet with a representative from AEP and review this issue and asked if they would consider instead of the four (4) poles put everything underground for this specific project. The representative from AEP advised they would not put them underground for the following reasons. First was their concern about their time schedule; they want to move forward with the project as soon as possible to strengthen April 10, 2012 233 the system. Secondly the representative advised that AEP must comply with the State Corporation Commission (SCC) regulations, which were reported to him if going underground they have to look at their return on investment and typically the cost of underground versus above ground is much cheaper, therefore they must continue with the aboveground installation. Mr. Goodman stated he did bring to the attention of the representative that he knew Ms. Moore has spoken with him and was going to recommend to the Board to be considered the waiving of the fee to help assist in the cost for just this site alone and the representative advised the answer would still be no because of time and the SCC. Supervisor Moore stated that the County needs to plan for the future, there is a vision for the future and need to plan toward that vision and she does not think that AEP had a good plan for putting these utility lines above ground when they could be put underground. For these reasons, she advised she cannot support this ordinance. Supervisor Church inquired of Mr. Goodman if AEP gave him any idea of cost basis for above or under with Mr. Goodman advising the cost for underground is significant. The representative did not because he would have to go back to the engineers and work it out. He stated in other projects in other communities that typically the locality or whomever is developing the park would have to pay for and at that time he knew that the cost was extremely high. Supervisor Church then asked Mr. Mahoney what happens if this ordinance fails with Mr. Mahoney advising if the ordinance fails then the County would not sell to AEP this property and they claim they would be unable to complete the project. They were looking at constructing this new distribution line and they had represented to staff this was necessary in terms of providing some additional or backup service to this part of SW County, to Jefferson Hills and that part of the City as you went on down to Virginia Western Community College. This would all be part of a larger, electrical loop. Mr. Goodman stated in conversations with AEP and one thing to remind the public is they just completed a substation there, which they refer to as the Ogden Road Substation. This is a major substation that was installed on the property to support and strengthen the electrical service to that area of the County. They have spent millions of dollars to build this new substation and as such they are pulling lines off. The line that would cross County property is what they call a two - circuit; one circuit will go to Colonial Avenue and to Virginia Western and one will tie into a line that is located along with railroad tracks, behind Tanglewood. Supervisor Church asked Mr. Goodman if this would be a backup to the existing system with Mr. Goodman explaining it would be a loop, which provides greater reliability for the whole system. Supervisor Elswick stated he supports placing electrical lines underground where it is possible and new developments like South Peak should go underground because it would have a big impact on the visual appearance of the area. In areas 234 April 10, 2012 where there is already a number of aboveground power lines and especially near his house where there is a brand new 138 kva line came through when he already had one, he understands why it has to be put above ground, it would be prohibitively expensive to go underground. The Board should concentrate on the areas where the largest visual impact is possible and install underground lines where there are already a number of existing aboveground poles does not really help a lot in terms of changing the visual impact. Supervisor Altizer stated for him it is sort of deja. He stated he thinks we are in the same circumstances where the process gets going and then moves along. He advised they are in the planning stage, there are areas many of us would like to see it be buried, and maybe in some areas it can, but here he feels the same with this as the one that went around the building here. If you can get Appalachian to do it, that would be admirable, but from what he is hearing in this case and certainly with the time frame and having to go back to the SCC he does not feel it would work. Mr. Goodman advised the representative advised him they obtain approval to get things placed underground as the SCC requires them to handle all utilities in the most cost efficient way and of course aboveground is more cost efficient than below ground and they have to look at their return on investment and that is why they typically go aboveground. In that conversation, the representative did say they have submitted two pilot projects where they actually requested approval to install underground lines and in those two specific cases, the SCC rejected it saying it was too expensive. In addition, he also stated in the future as these projects are planned to relay it is the Board's request is to look at underground. Mr. Goodman stated if it is the desire of the Board, he would arrange a meeting with the AEP representatives and reiterate in the future the Board would like them to look at underground. Supervisor Altizer stated certainly there were a lot of places it would look better and he would like to see it go in there. He stated he thinks staff needs to have a conversation with AEP prior to a lot of these developments whether it is a meeting in asking how to become a part of their process. At this point, in his dealings with construction projects, he sees cost changes are starting to change and they are not changing for the better; prices are escalating. He stated he feels it is prudent to go forward with this project. ORDINANCE 041012 -7 AUTHORIZING THE GRANTING OF A TEMPORARY CONSTRUCTION EASEMENT AND A PERMANENT EASEMENT TO APPALACHIAN POWER COMPANY ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS KNOWN AS LESLIE LANE (TAX MAP # 077.15 -01- 11.00), CAVE SPRING MAGISTERIAL DISTRICT April 10, 2012 235 WHEREAS, Appalachian Power Company (AEP) requires a temporary construction easement across Roanoke County property known as Leslie Lane near its intersection with Ogden Road; and WHEREAS, AEP requires a permanent easement across a portion of Roanoke County property known as Leslie Lane near its intersection with Ogden Road for the construction of permanent roadway improvements and the construction of a new electrical distribution line; and WHEREAS, the proposed improvements will serve the interests of the public by the construction of an access road to AEP standards instead of the existing crooked Leslie Lane farm road and also to improve and upgrade the distribution system serving southwest Roanoke County, Jefferson Hills and Virginia Western Community College; and WHEREAS, the first reading of this ordinance was held on March 27, 2012, and the second reading and public hearing was held on April 10, 2012. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on March 27, 2012, and a second reading and public hearing was held on April 10, 2012. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, this interest in real estate to be conveyed to AEP is hereby declared to be temporarily surplus, and is hereby made available for other public uses by conveyance to AEP for a temporary construction easement. 3. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, this interest in real estate to be conveyed to AEP is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to AEP for the purpose of a permanent easement for access road improvements to Leslie Lane and the construction of a distribution line. 4. That the sale of this temporary easement and permanent easement to AEP is hereby authorized and approved, and the purchase price of $7,500 is hereby accepted. The proceeds from the sale of these easements are hereby appropriated and paid into a capital facility account and shall be expended solely for the purpose of acquisition, construction, maintenance, or replacement of other capital facilities. 5. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: 236 April 10, 2012 AYES: Supervisors Altizer, Church, Elswick NAYS: Supervisor Moore ABSENT: Supervisor Flora IN RE: CONSENT AGENDA RESOLUTION 041012 -8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for April 10, 2012, designated as Item Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of minutes — March 13, 2012 2. Request to accept and appropriate funds in the amount of $36,474.32 to the Roanoke County Public Schools 3. Resolution requesting acceptance of Cambridge Court Road, Castleridge Road and the remaining portion of Robindale Drive into the Virginia Department of Transportation Secondary System 4. Resolution in support of Lewis -Gale Medical Center's application to introduce Neonatal Special Care 5. Confirmation of appointment to the League of Older American Advisory Council 6. Request to accept and appropriate funds from the Virginia Department of Transportation (VDOT) for drainage improvements to Tanglewood Drive in the amount of $115,226 and for preliminary engineering for pedestrian and bicycle improvements to Plantation Road in the amount of $55,308 On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick NAYS: None ABSENT: Supervisor Flora A- 041012 -8.a April 10, 2012 237 RESOLUTION 041012 -8.b REQUESTING ACCEPTANCE OF CAMBRIDGE COURT ROAD, CASTLERIDGE ROAD AND THE REMAINING PORTION OF ROBINDALE DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached VDOT Form AM -4.3, 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 representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and 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 street(s) described on the attached Additions Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. 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 Residency Administrator for the Virginia Department of Transportation. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick NAYS: None ABSENT: Supervisor Flora RESOLUTION 041012 -8.0 IN SUPPORT OF LEWISGALE MEDICAL CENTER'S APPLICATION TO INTRODUCE NEONATAL SPECIAL CARE WHEREAS, LewisGale Medical Center operates an acute care hospital in Salem, Virginia that provides residents of Roanoke County and surrounding communities with access to high quality, essential hospital services; and WHEREAS, LewisGale Medical Center offers a broad range of services to patients but is not currently approved to provide neonatal special care services; and 238 April 10, 2012 WHEREAS, the Commissioner of Health denied LewisGale Medical Center's previous COPN application to provide neonatal special care services; and WHEREAS, no COPN application to provide neonatal special care services in any other region of the Commonwealth has ever been denied by the Commissioner of Health prior to denial of LewisGale Medical Center's application, which has resulted in neonatal special care services being widely available to patients in certain other regions of the Commonwealth; and WHEREAS, the people of Roanoke County, and of southwestern Virginia, have the same rights to and needs for neonatal special care services as do people in other parts of the Commonwealth; and WHEREAS, neonatal special care services are a fundamental service for any hospital serving a vibrant and growing community; and WHEREAS, the availability of high - quality healthcare services, including neonatal special care services, is essential to attracting and maintaining the best and brightest workers and their families to the region to contribute to economic growth; and WHEREAS, LewisGale Medical Center's ability to provide neonatal special care services is essential to continuity of care for area maternity patients and newborns because it is highly disruptive to patients and their families to be required to obtain neonatal special care services from another provider; and WHEREAS, expectant mothers treated at LewisGale Medical Center who discover that their children may need neonatal special care services must change their care teams in mid - pregnancy after developing important patient- caregiver relationships with their current care teams; and WHEREAS, infants born at LewisGale Medical Center in need of neonatal special care services must be transferred to another facility; and WHEREAS, transferring infants in need of neonatal special care services takes a tremendous toll on patients and their families, particularly because such transfers have the capacity to split apart families within hours of an infant's birth because mother and child would be hospitalized at different facilities; and WHEREAS, in addition to these emotional costs, clinical outcomes are usually better for families that can be kept together; and WHEREAS, the introduction of neonatal special care services at LewisGale Medical Center will mitigate the emotional costs and improve clinical outcomes; and WHEREAS, LewisGale Medical Center is accessible to all patients regardless of ability to pay or payment source because of the hospital's generous charity and uninsured discount policies, and it is very accessible from a geographic perspective. NOW, THEREFORE LET IT BE RESOLVED, that the Roanoke County Board of Supervisors supports LewisGale Medical Center's plans to establish an eight -bed specialty neonatal intensive care unit (NICU) at the hospital, AND BE IT FURTHER RESOLVED, that the Roanoke County Board of Supervisors respectfully urges the Virginia Commissioner of Health to grant approval for this much - needed project. April 10, 2012 239 On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick NAYS: None ABSENT: Supervisor Flora A- 041012 -8.d A- 041012 -8.e IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS The following citizens spoke. Mr. Noah Tickle of 1610 Frosty Lane in Salem, Virginia stated we yet have a Christian Constitutional Republic; indicating local governance from foundation bottom up and not the other way around as we have sat back and allowed today. We had ALL better stand up, come out and do something to prevent globalists from destroying our Christian Constitutional Republic. That's why he is here. They are here in the forms of NGOs such as ICLEI. They have little touchy feelies running around doing their do. Why are we deceived by their efforts? Are the thoughts of money so important from a Socialist source that we would allow our Christian Constitutional Republic to be destroyed? This has happened many times throughout history. Let's honor our forbears and NOT allow it to happen this time. Get ilk like ICLEI out of our midst and de -fund Roanoke County membership in ICLEI. We have local governance. Be polite and simply say, "No thanks, we have local governance for our solutions." Now that the globalists have decided how to make this "wrenching transformation of society" according to Al Gore, they have been moving quite swiftly and efficiently. The transformation is to get humans first out of the rural areas, then out of the suburbs, and when they have us in the human settlement areas, to reduce our numbers by civil unrest, natural attrition and eventually starvation. How will this come about? One may ask. In conjunction with NGOs (Nongovernmental Organizations affiliated with the United Nations) like ICLEI as well as corporations and private individuals, our state and federal governments are working to promulgate rules, regulations, fees and taxes that trickle all the way down to the smallest town, community and individual citizens. Local bureaucrats are either ignoring (or pretending to) the fact that this is all coming down from above, from the mighty UN, Agenda 21, ICLEI, Sustainablists, the global elite and from the Club of Rome. Ms. Linda LaPrade of Will Carter Lane in Roanoke, Virginia stated there is a simple indisputable fact that some members of this board are choosing to ignore or nine months of documentation hasn't quite sunk in yet. That fact is: ICLEI is a United Nations 240 April 10, 2012 affiliated organization. Here are some other facts. ICLEI was a major contributor to the U.N. document known as Agenda 21. ICLEI has Special Consultative Status with the United Nations Economic and Social Council. ICLEI coordinates local government representation in several UN organizations. ICLEI "campaigns, programs, and projects promote Local Agenda 21 as a long -term, strategic planning process that addresses local sustainability while protecting global common goods. Linking local action to internationally agreed upon goals and targets such as Agenda 21 and others is an essential component." This is not clean air and clean water they are talking about. According to their own website, ICLEI is tasked with carrying out Chapters 8 and 28 of UN Agenda 21. Chapter 8 contains the following: (a) Integrating environment and development at the policy, planning and management levels; (b) Providing an effective legal and regulatory framework; and (c) Establishing systems for integrated environmental and economic accounting. I think it's fair to say that item A is already being accomplished in Roanoke County. What part of this agenda will this Board allow or implement next? Chapter 28 states" the responsibility for bringing about changes lies with Governments in partnership with the private sector and local authorities, and in collaboration with national, regional and international organizations, including in particular UNEP, UNDP and the World Bank." It should be obvious that this has very little to do with protecting the environment. There are now four states that are working on legislation to rid themselves of all ICLEI Agenda 21 policies. Florida already has done so. Over 50 localities have dropped ICLEI membership in the last year. The local and national Republican Committees and Democrats against Agenda 21 oppose ICLEI. Is Roanoke County going to be the last to see the threat before us? Harvey Ruvin, Vice Chairman of ICLEI stated: "Individual rights will have to take a back seat to the collective ". By retaining membership in ICLEI, this Board is affirming that sentiment. Admit the mistake and get rid of ICLEI now. IN RE: REPORTS Supervisor Altizer moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Church, Elswick NAYS: None ABSENT: Supervisor Flora 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency April 10, 2012 241 IN RE: WORK SESSIONS 1. Work session on public transportation — County of Roanoke Transportation Program (CORTRAN) (B. Clayton Goodman III, County Administrator; Laurie Gearheart, Assistant Director of Finance; Terrie Cochran, Executive Secretary) This work session was held from 5:06 p.m. until 5:42 p.m. Ms. Gearheart went through the PowerPoint presentation explaining the program. A copy of the presentation is on file in the office of the Clerk to the Board of Supervisors. Supervisor Moore asked what the surcharge for fuel was with Laurie Gearheart explaining it was a monthly fee based upon the total number of miles of service provided divided by the average miles per gallon. Supervisor Altizer asked what substantiation was used for their miles per gallon. Ms. Gearheart advised they did not provide. It was the consensus of the Board that the surcharge would not be paid going forward without some type of substantiation. It was Supervisor Altizer's recommendation on an annual basis to validate and put in a standard for the entire year. He stated it was unacceptable to allow them to "pull a number out of a hat." Supervisor Altizer stated the numbers speak for themselves noting the decrease due to holding people accountable. Ms. Gearheart indicated staff expects a six percent (6 %) increase over prior year due to the lack of snow days and gas costs. She also indicated staff has been informed the grant subsidies should be received. It was the staff recommendation to think about increasing the cost to $5.00. Supervisor Church stated it was his opinion the fee should not be increased unless absolutely necessary. Supervisor Altizer stated he did not have a problem with the increase, but only after all due diligence was done. Supervisor Moore stated she agreed with Supervisor Altizer. Mr. Goodman indicated that no increase was included in the draft budget. 2. Work session to discuss Roanoke County's Secondary Road System Six -Year Improvement Plan for fiscal years 2013 -2018 (David Holladay, Planning Administrator) In attendance for this work session were David Holladay, Planning Administrator; B. Clayton Goodman III, County Administrator; Brian Epperly, Transportation Engineer and Brian Blevins and Chris Jackson from the Virginia Department of Transportation. The work session was held from 5.43 p.m. until 6:00 p.m. Mr. Goodman indicated there was no funds in the proposed budget for road improvements stated the amount has gone from $2 million to zero which is a dramatic change. r� April 10, 2012 Mr. Holladay went through a PowerPoint presentation and outlined the proposed Secondary Road System Six -Year Improvement Plan for fiscal years 2013- 2018. A copy of the presentation is on file in the office to the Clerk to the Board of Supervisors. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore thanked Invisible Fence Brand of Virginia. In 2010 they donated thirteen (13) pet oxygen masks to the Roanoke County Fire Department and last week during the apartment fire, three cats and a dog were saved because of this generous donation. Thank you very much. IN RE: ADJOURNMENT Acting Chairman Altizer adjourned the meeting at 6:04 p.m. Submitted by: Approved by: Deborah C. Jack Richard C. Flora Clerk to the Board Chairman