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HomeMy WebLinkAbout2/10/2004 - Regular February 10, 2004 129 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 February 10, 2004 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 February, 2004. IN RE: CALL TO ORDER Chairman Flora called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard C. Flora, Vice-Chairman Michael W. Altizer, Supervisors Joseph B. “Butch” Church, Joseph P. McNamara, Michael A. Wray MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge,County Administrator;Paul M. Mahoney, County Attorney; Diane S. Childers, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan O’Donnell, Assistant County Administrator; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Jonathan Lee, Salvation Army, Roanoke, Virginia. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS February 10, 2004 130 Mr. Hodge added a closed meeting pursuant to the Code of Virginia 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 scope of such contract where discussion in open session would adversely effect the bargaining position or negotiating strategy of the County, namely Lowe’s Performance Agreement. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of appreciation upon the retirement of Deputy June B. Lawlor, Sheriff’s Office, after thirty years of service. R-021004-1 Chairman Flora presented the resolution to Deputy Lawlor. Also present was Sheriff Gerald Holt. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 021004-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF JUNE B. LAWLOR, SHERIFF’S OFFICE, AFTER THIRTY YEARS OF SERVICE WHEREAS, June B. Lawlor was first employed on August 20, 1973, by the Public Service Authority where she was employed for five years and six months before joining the Sheriff’s Office on March 16, 1979 as a Records Clerk/Data Processor; and also served as a Deputy Sheriff in the Corrections and Civil Divisions and served as Master Deputy from July 1, 1996 through June 30, 2001, and WHEREAS, Deputy Lawlor retired from Roanoke County on January 1, 2004, as a Deputy Sheriff, Civil Division, after thirty years and five months of service; and February 10, 2004 131 WHEREAS, Deputy Lawlor continued her education by attending a U.S. Marshal and State Court Security Seminar, completing the Paralegal Associates Degree Program through Virginia Western Community College, and becoming a Licensed Operator for the Intoxilyzer 5000; and WHEREAS, Deputy Lawlor exhibited professionalism and integrity during her many years of service, and through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens JUNE B. LAWLOR of Roanoke County to for more than thirty years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 2. Resolution of appreciation upon the retirement of Sergeant David L. Thurston, Sheriff’s Office, following twenty-eight years of service. R-021004-2 Chairman Flora presented the resolution to Sergeant Thurston. Also present was Sheriff Gerald Holt. Supervisor Wray moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 021004-2 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF DAVID L. THURSTON, SHERIFF’S OFFICE, AFTER TWENTY-EIGHT YEARS OF SERVICE February 10, 2004 132 WHEREAS, David L. Thurston was employed by Roanoke County on May 1, 1975, as a Deputy Sheriff, and also served as Deputy Sheriff – Corporal in the Corrections Division and as a Court Bailiff; and WHEREAS, Sergeant Thurston was promoted to Sergeant /Chief Circuit Court Bailiff on September 1, 1984; and WHEREAS, Sergeant Thurston had the honor of presiding as Chief Bailiff for the Supreme Court of Virginia for the investiture of Judge Lawrence L. Koontz, Jr.; and WHEREAS, Sergeant Thurston for the past seven years has been an active and participating member of the Employees Advisory Committee and has capably represented the Sheriff’s Office as well as all County employees; and WHEREAS, Sergeant Thurston retired from Roanoke County on January 1, 2004, as a Deputy Sheriff – Sergeant, Civil Division, after twenty-eight years and eight months of service; and WHEREAS, Sergeant Thurston exhibited professionalism and integrity during his many years of service and through his employment with Roanoke County has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens DAVID L. THURSTON of Roanoke County to for more than twenty-eight 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 Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 3. Resolution of appreciation upon the retirement of Fannie S. Bolden, Library Services, following twenty-seven years of service. R-021004-3 Chairman Flora presented the resolution to Ms. Bolden. Also present was Diana Rosapepe, Library Director. Supervisor Wray moved to adopt the resolution. The motion carried by the following recorded vote: February 10, 2004 133 AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 021004-3 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF FANNIE S. BOLDEN, LIBRARY SERVICES, AFTER TWENTY-SEVEN YEARS OF SERVICE WHEREAS, Fannie S. Bolden was first employed by Roanoke County on July 1, 1976, through the CETA program prior to joining Library Services; and WHEREAS, Ms. Bolden retired from Roanoke County on January 1, 2004, as a Library Assistant after twenty-seven years and five months of service; and WHEREAS, Ms. Bolden always demonstrated a caring attitude towards the public and the children she worked with; and WHEREAS, Ms. Bolden, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens FANNIE S. BOLDEN of Roanoke County to for more than twenty-seven years and five months 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 Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: NEW BUSINESS 1. Request to appropriate $24,180 to cover the cost of the 2004 presidential primary. (Diane Henson, General Registrar) A-021004-4 Ms. Henson reported that the 2004 presidential primary is being held today and funds for this election were not included in the General Registrar’s budget. She requested funding in the amount of $24,180 from the General Fund Unappropriated February 10, 2004 134 Balance to cover the costs incurred in the election. She advised that if House Bill 29 passes in the General Assembly, either all or a portion of these funds will be eligible for reimbursement by the state. It is not known if the possible reimbursement will be received prior to the end of the 2003-2004 fiscal year. In response to an inquiry from Supervisor Wray, Ms. Henson reported that the new electronic voting equipment was functioning very well and positive comments have been received by the citizens. Supervisor McNamara moved to approve staff recommendation, appropriation of funding in the amount of $24,180 from the General Fund Unappropriated Balance to the General Registrar’s budget, with the condition that if the funds are reimbursed by the state, they will be returned to the General Fund Unappropriated Balance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 2. Request to appropriate $48,522 for the addition to the Bent Mountain Library. (John M. Chambliss, Assistant County Administrator) A-021004-5 Mr. Chambliss advised that on October 23, 2001, the Board adopted a policy allowing individuals and groups to donate monies for capital improvements within their communities. This matching program has been utilized within the Parks, February 10, 2004 135 Recreation and Tourism Department for improvements to playgrounds and park facilities. In March 2002, the Board also authorized a project for the citizen initiated fund raising effort for an expansion of the Bent Mountain Library. The library is attached to Bent Mountain Elementary School, which was improved approximately 10 years ago. Mr. Chambliss reported that while requests have been included in the Capital Improvements Program (CIP) for expansion and improvements to many of the County’s library facilities, thus far they have not been funded. As this ongoing need continued, a request was made for an expansion that would house a children’s room at the Bent Mountain Library. Work was begun within the community, architectural services were enlisted through Hill Studios, and a grass roots fund drive was begun for this program. Through the efforts of Ms. Joan Carver and others, $20,464.95 has been raised plus donated materials. Ms. Joan Carver, 8469 Willett Lane, Bent Mountain, reported that the purpose of this item is to request funding for the Bent Mountain Library expansion which will provide more floor space, shelving for books, and implement additional services. She noted that the Bent Mountain community has raised $20,464.95 through various fund raisers. She expressed appreciation to the businesses and individuals who donated funds and materials for the project. Ms. Carver shared stories of individuals who had contributed to the fund raising efforts of this project. She also requested that the Bent Mountain community be represented at the groundbreaking ceremony for the children’s room expansion. February 10, 2004 136 Ms. Annie Krochalis, 9428 Patterson Drive, Bent Mountain, expressed appreciation to John Chambliss, Assistant County Administrator, and staff for their support of this project. She stated that Bent Mountain is the “little community that could” and they rally together to meet the needs of the community. She acknowledged the efforts of Joan Carver and expressed hope that the funds will be awarded for this project. Diana Rosapepe, Library Director, requested the Board’s support for this proposal. She stated that the ranking of CIP proposals is a painful process for the libraries because circumstances force the Library Board to rank projects on very stringent standards and unfortunately, that has meant that the Bent Mountain Library expansion frequently gets placed at the bottom of the list. She stated that she is very pleased that the citizens of Bent Mountain have come together to move this project forward and she commended Ms. Carver, Ms. Krochalis, and the Bent Mountain community for their efforts. Mr. Chambliss advised that staff recommends the following: (1) $20,464.95 cash from the community which has been deposited with the County to be recognized as revenue and appropriated to this project; (2) $28,057 for the County’s match to be appropriated from the Capital Fund Unappropriated Balance; (3) approximately $9,980 in donated materials should be accepted for the project; (4) awarding the construction contract to Construction Services of Roanoke. He advised that as soon as weather permits, the project will begin construction. Mr. Chambliss February 10, 2004 137 stated that both the Library Board of Trustees and the School Construction Committee have approved this project. Supervisor McNamara stated that he first spoke with Ms. Carver regarding this project in 1998 and, at that time, she had recently secured the donation of numerous books for the library system. He stated that in 1998, the County did not have a mechanism for accepting community contributions for the purpose of participating in capital projects. He expressed appreciation for Ms. Carver’s contributions to Roanoke County. The Board members expressed appreciation to Ms. Carver and Ms. Krochalis for their efforts on behalf of this project. Supervisor McNamara moved to approve staff recommendation, appropriate $48,522 as follows: $28,465 cash from the community to be recognized as revenue and appropriated to the project; $28,057 appropriation from the Capital Fund Unappropriated Balance. Staff recommendation also includes accepting donated materials in the amount of $9,980 which have been pledged for the project and awarding the construction contract to Construction Services of Roanoke. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None February 10, 2004 138 IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing the conveyance of an easement across County owned property to American Electric Power, Inc. (AEP) for support of the Driver Training Center at Dixie Caverns, Catawba Magisterial District. (Ray Lavinder, Chief of Police) Chief Lavinder stated that he met with Roanoke City Police Chief Joe Gaskins several years ago to discuss the need for a driver training facility for police officers. He advised that Fairfax County is the nearest facility in the State of Virginia. The City and County Police Departments have been working on this project for approximately one year and anticipate opening the facility in early summer 2004. Chief Lavinder advised that American Electric Power (AEP) requires an easement when they install utility poles in order to have access to service the poles. Electricity needs to be run from a point near the firing range to the location of the driver training facility. Chief Lavinder advised that the driver training facility will have a serpentine course, a precision driving course, and the only skid pad in the State of Virginia. The skid pad allows drivers to train on how to regain control of their vehicle during a skid. Supervisor Church advised that this continues the cooperative arrangement with Roanoke City that exists at the firing range and shoot house. He noted that the County will save money by being able to train officers locally. February 10, 2004 139 Supervisor Church moved to approve the first reading and set the second reading for February 24, 2004. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 2. First reading of an ordinance authorizing the quitclaim and release of a portion of a 30 ft. water and sewer line easement lying within the boundaries of Montague Way, created by subdivision plat of Wexford, Phase III, in Plat Book 18, Page 125, Windsor Hills Magisterial District. (Arnold Covey, Director of Community Development) George Simpson, Assistant Director of Community Development, stated that in this situation, a subdivision was platted over an existing easement and in order to have the road accepted by the Virginia Department of Transportation (VDOT), no easements are allowed within the right-of-way. The quitclaim of the easement allows this road to be submitted to VDOT for acceptance. There was no discussion on this matter. Supervisor McNamara moved to approve the first reading and set the second reading for February 24, 2004. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None February 10, 2004 140 IN RE: PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Public hearing to solicit citizen comments and request to adopt a resolution supporting the application of Roanoke County on behalf of Business Seed Capital, Inc. for funding from the Virginia Community Development Block Grant (VCDBG). (Melinda J. Cox, Existing Business Manager) R-021004-6 Ms. Cox stated that this is the second of two public hearings for Roanoke County’s application for community development block grant funds. The purpose of the public hearing is to make citizens aware that these funds are available and also to receive input regarding Roanoke County’s past use of these funds. She noted that Roanoke County is applying for these grant funds to be used for entrepreneurial development for micro businesses, which are small businesses that usually do not qualify for conventional loans. Ms. Cox stated that 51% of the beneficiaries of these loans must be low to mid income employees. She reported that it is anticipated that six loans will be originated from these funds, three new businesses will be created, three businesses will be expanded, and 30 jobs will be created. Ms. Cox recognized Anne Lemon, planner and grant writer with Total Action Against Poverty (TAP), and Chris Scott, Vice President of Business Seed Capital, Inc. February 10, 2004 141 There were no citizens present to speak on this matter and there was no discussion. Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 021004-6 SUPPORTING THE APPLICATION OF ROANOKE COUNTY ON BEHALF OF BUSINESS SEED CAPITAL, INC. FOR FUNDING FROM THE VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT WHEREAS, Business Seed Capital, Inc., a subsidiary of Total Action Against Poverty (TAP), has requested the Roanoke County Board of Supervisors to apply for funding in the amount of $100,000 from the Virginia Community Development Block Grant (VCDBG); and WHEREAS, this grant funding is for a Roanoke County Microloan Program which is a local innovation program for entrepreneurial loans to Roanoke County businesses; and WHEREAS, public hearings have been held by Roanoke County on January 27, 2004 and February 10, 2004, after notices as required by law; and WHEREAS, this grant program will benefit low- and moderate-income residents of Roanoke County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: 1. That it submits an application on behalf of Business Seed Capital, Inc. for $100,000 in funding from the Virginia Community Development Block Grant for a local innovation program titled Roanoke County Microloan Program for entrepreneurial loans to Roanoke County businesses. 2. That this grant does not require matching funds or a commitment of staff or resources from the County’s general fund. 3. That Business Seed Capital, Inc. is committing match funding for this project in the amount of $239,000. 4. Roanoke County will disburse grant funds to Business Seed Capital, Inc. which will qualify all loan applications and candidates and manage this program. February 10, 2004 142 5. That the program will result in the creation of at least thirty (30) jobs, and that at least 51% of these jobs or sixteen (16) jobs will be held by or made available to low-income persons. 6. That the County Administrator or any Assistant County Administrator is hereby authorized to execute such documents and submit them as may be necessary to complete the Virginia Community Development Block Grant proposal. 7. That upon notification of receipt of this grant, this matter will be returned to the Board for acceptance of the grant and appropriation of the funds for this program. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: APPOINTMENTS 1. Building Code Board of Adjustments & Appeals (Fire Code Board of Appeals) Supervisor Altizer nominated Thomas A. Darnall to serve an additional four-year term which will expire on January 22, 2008. 2. Grievance Panel Supervisor McNamara nominated Karen Ewell to serve a three-year term which will expire on February 23, 2007. IN RE: CONSENT AGENDA R-021004-7; R-021004-7.a; R-021004-7.b Supervisor Church moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None February 10, 2004 143 RESOLUTION 021004-7 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 February 10, 2004, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3, inclusive, as follows: 1. Approval of minutes - January 27, 2004 2. Resolution of appreciation upon the retirement of Nancy R. Shockley, General Services Department, following thirteen years of service 3. Request to accept Ridgelea Estates Drive into the state secondary system 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 Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 021004-7.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF NANCY R. SHOCKLEY, GENERAL SERVICES, AFTER THIRTEEN YEARS OF SERVICE WHEREAS, Nancy R. Shockley was employed by Roanoke County on January 29, 1991, as a custodian; and WHEREAS, Ms. Shockley also worked as Corrections Division cook in the Sheriff’s Office from April 1, 1993, through August 23, 2002, and WHEREAS, Ms. Shockley retired from Roanoke County on February 1, 2004, after thirteen years of service; and WHEREAS, Ms.Shockley, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens NANCY R. SHOCKLEY of Roanoke County to for thirteen 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. February 10, 2004 144 On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 021004-7.b REQUESTING ACCEPTANCE OF RIDGELEA ESTATES DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form SR-5(A), fully incorporated herein by reference are shown on plats recorded in the Clerk’s Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department’s Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. Recorded Vote: Moved by: Supervisor Church Seconded by: None Required Yeas: Supervisors, McNamara, Church, Wray, Altizer, Flora Nays: None IN RE: REQUESTS FOR WORK SESSIONS 1. Request to schedule a work session on February 24, 2004 to update the Board of Supervisors on the proposed revisions to the comprehensive plan. (Janet Scheid, Chief Planner) February 10, 2004 145 It was the consensus of the Board to schedule the work session for February 24, 2004. IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future Capital Projects IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church : He asked Ms. Scheid if the language “private kennel” in the zoning ordinance could be changed because it is confusing to citizens. Ms. Scheid stated that while this language is clearly defined within the zoning ordinance, it has caused confusion among citizens who think it refers to a commercial kennel. Ms. Scheid indicated that staff would look at making revisions to this language in the ordinance. Supervisor McNamara : He noted that several of the Board members have received anonymous letters recently. He advised that sometimes it is helpful to February 10, 2004 146 the Board to have communications with the citizen, and indicated that it can be difficult to resolve an issue when the complaint is anonymous. Supervisor Altizer : He noted that a work session is being held on February 24 to update the Board on the Comprehensive Plan revisions. He indicated that a tour of areas in each district would be beneficial to the Board in preparing for this work session, and stated that this was particularly helpful when they were considering revisions to the solid waste ordinance. Supervisor Wray : He requested clarification from Pete Haislip regarding recent changes to the age brackets in youth football. Mr. Haislip advised that four of the five recreation coordinators had indicated they would have difficulty fielding junior league teams (13 & 14 years old), and since a “no cut” policy is in effect at the schools, the unanimous decision was to turn the 13 year olds over to the middle school and combine the 11 and 12 year olds. This decision was approved by the recreation coordinators and the President’s Council. Mr. Haislip further advised that a youth athletic newsletter is being distributed in the near future and information regarding the change will be included in the newsletter. Supervisor Flora : (1) He requested an update on the Salem Office Supply building construction at the February 24 meeting. (2) He advised that earlier today, the Board of Supervisors and Roanoke City Council forwarded a recommendation to the Western Virginia Water Authority regarding a six-year phase-in February 10, 2004 147 of rates. He requested that once the Authority is operational, that an event be scheduled to bring the two organizations together on a more personal level. IN RE: CLOSED MEETING At 4:13 p.m., Supervisor Flora moved to go into closed meeting following the work sessions pursuant to the Code of Virginia 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 scope of such contract where discussion in open session would adversely effect the bargaining position or negotiating strategy of the County, namely Lowe’s Performance Agreement. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: WORK SESSIONS(4th Floor Conference Room) 1. Work session to discuss Roanoke County Land Conservation Program. (Janet Scheid, Chief Planner) The work session was held from 4:25 p.m. until 4:50 p.m. Ms. Scheid presented the work session. Also present was Roger Holnback, Executive Director of the Western Virginia Land Trust. Mr. Hodge noted the recent successes experienced with greenways, protection of Blue Ridge Parkway view sheds, and installation of bicycle lanes. He stated that there are several means by which land can be acquired and incentives February 10, 2004 148 offered. He indicated that some information is available from other localities and if this is of interest to the Board, staff will conduct further research and bring this back to the Board for input. Ms. Scheid reported that the issue being discussed today is the proposed implementation of a local land conservation program that would supplement programs at the federal and state levels. She stated that the primary reason landowners are willing to consider conservation easements are the following: (1) environmental; (2) agricultural protection; (3) aesthetic; and (4) growth management. She reported that preserving undeveloped land around a suburban area like Roanoke County can help to manage growth and the community reaps the benefits from this type of action. She indicated that with increasing land values and development pressure, there will be a decline in the use of conservation easements unless this type of activity is encouraged. Ms. Scheid indicated that one option that has been considered involves the possible refunding of rollback taxes on property in land use assessment. She stated that this could apply to residential, commercial, and industrial development. She indicated that program goals would have to be established (i.e., preservation of Blue Ridge Parkway view sheds, preservation of agricultural land, etc.). Ms. Scheid requested input from the Board regarding whether this is a program they would like to pursue. Mr. Hodge noted that in situations where land that is zoned agricultural and is being rezoned for single or multi-family residential, there are sometimes February 10, 2004 149 opportunities along the highways to reserve space for commercial development. He stated that developers will normally develop the entire area as residential, and this type of program would provide additional negotiating tools for the County in these situations. One area where this potential exists is along Route 221. Mr. Holnback stated that there are tax benefits to the easements. The IRS treats conservation easements as a charitable donation and the person making the donation can deduct up to 30% of their adjusted gross income from their taxes each year for up to six years. At the state level, 50% of the easement value can be used as a state income tax credit for up to six years. Any excess beyond what the individual is liable for is now transferable and these credits are selling for approximately 80 cents on the dollar. Mr. Mahoney clarified that the tax credits do not apply if the gift is part of a proffered condition. In response to an inquiry from Supervisor Wray, Mr. Holnback reported that slightly more than 2,000 acres in Roanoke County are currently under conservation easements. He advised that this is not a tool to stop growth, and one criterion for the easement is that it must be in compliance with the community’s Comprehensive Plan. Supervisor Flora noted that land use assessment was originally designed to protect forest and farm land from development. He stated that this is a good program in that it allows individuals to stay on the land longer than they otherwise would be able to do so. He questioned whether any rollback taxes would apply if a conservation February 10, 2004 150 easement is placed on a piece of property. Ms. Scheid indicated that there are no rollback taxes on the portion of the property covered by the conservation easement. It was the consensus of the Board that staff should proceed with studying this matter. It was requested that information regarding how this is handled by other localities, as well as projected cost estimates, be presented to the Board at a future work session. 2. Work session to discuss 2004-2005 budget. (Brent Robertson, Budget Director) The work session was held from 4:50 p.m. until 5:32 p.m. Mr. Robertson outlined the following proposed budget development schedule: February 24, 2004: (1) Advertise public hearings on proposed tax rates. The public hearing will be held on March 9, 2004. (2) Budget work session with Board of Supervisors. Items to be discussed include: year-to-date revenue update, preliminary fiscal year 2004-2005 revenue projections, and review of capital projects. March 2, 2004: Advertise public hearings on the proposed tax rates, 101% reassessments, and general public comment on the budget. The public hearing will be held on March 9, 2004. March 9, 2004: (1) Budget work session to discuss significant funding issues; (2) Joint budget work session with School Board; and (3) Public February 10, 2004 151 hearings on the proposed tax rates, general comment on fiscal year 2004-2005 budget, and effective real estate tax increase. March 22, 2004: School Board adopts Roanoke County Schools budget March 23, 2004: (1) Adopt tax rates for real estate, personal property, and machinery and tools; (2) Budget work session; (3) Contributions- human service agencies; (4) Fire and Rescue Chiefs presentation. March 30, 2004 (Special Session): (1) Budget work session; (2) Contributions-cultural and tourism agencies; and (3) School budget submitted by School Board (prior to 4/1/04) April 13, 2004: (1) County Administrator’s proposed budget; and (2) Budget work session April 20, 2004: Advertise fiscal year 2004-2005 proposed budget and fiscal years 2005-2009 Capital Improvements Program (CIP). April 27, 2004: (1) Public hearing on proposed County and School budget; (2) Budget work session; (3) Convey tentative approval of school budget to School Board (State Code requirement by May 1) May 11, 2004: (1) Adoption of County and School budget; and (2) First reading of budget appropriation ordinance. May 25, 2004: Second reading of budget appropriation ordinance February 10, 2004 152 Mr. Mahoney reviewed the following key dates that are upcoming in the General Assembly: February 17 – Crossover February 26 - Each house completes work on its budget bill March 3 - Each house to act on budget bill of the other house March 8 - Last day for committee action March 13 - Adjourn sine die April 21 - Reconvened (veto) session Mr. Mahoney advised that in the past week, the House Finance Committee killed over 40 bills and did not support tax increases of any kind. The Senate Finance Committee could vote as early as tomorrow. Supervisor McNamara advised that caution be employed in the joint budget work session with schools until a revenue projection is known. Mr. Robertson highlighted the following significant funding issues: (1) capital program (2) capital maintenance (3) service enhancements implemented in 2003-2004 (i.e., bulk and brush collection and drainage program) (4) Virginia Retirement System (VRS) retirement rate: current rate is 7.5%, proposed new rate is 13.5%. This represents an approximate increase of $1.8 million for the County. (5) health insurance increase of approximately 10 – 14% (estimated $1 million increase for County and schools combined) (6) competitive salary increases (7) maintaining existing February 10, 2004 153 service levels with escalating costs and changing demographics. Mr. Hodge stated that one of the key budget issues this year will be VRS rates. Mr. Hodge stated that one of the projects included in the CIP request was an expansion for the Roanoke County jail. He reported that the County jail exceeds the state capacity and noted that Montgomery and Franklin Counties are experiencing similar problems. He stated that there are some upcoming deadlines related to a request to expand the jail which must be approved by the state. Senator Edwards has patroned a bill that, if adopted, will allow the deadline to be extended. Sheriff Holt advised that a community based study, a planning study, and a needs assessment must be completed by June 30, 2004, and submitted to the Department of Corrections in order to meet the deadline for the 2006 General Assembly session to consider approval of funding for the jail expansion. Sheriff Holt stated that 50% of the costs are allowable by the state for building a regional facility, as compared to under 25% for a local facility. Due to the complexity of the project, it was indicated that it might be necessary to hire a consultant. Sheriff Holt reported that if constructed, the new jail facility would be utilized for housing the long-term (sentences greater than two years) and post trial prison populations. The existing facility would be preserved for future courthouse expansion. Mr. Hodge advised that issues which need to be examined include: (1) staff needs to ensure that the County is not holding inmates beyond those required to February 10, 2004 154 be held; (2) staff will examine the possibility of utilizing excess jail space in other facilities (i.e., Roanoke City). Sheriff Holt requested approval from the Board to proceed with the RFP process for this project. It was the consensus of the Board to proceed with the RFP and schedule a work session on February 24 to provide an update on the status IN RE: CLOSED MEETING The closed meeting was held from 5:40 p.m. until 5:55 p.m. IN RE: CERTIFICATION RESOLUTION R-011304-8 At 5:55 p.m., Supervisor Church moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 011304-8 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and February 10, 2004 155 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 McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 5:55 p.m. Submitted by: Approved by: ________________________ ________________________ Diane S. Childers Richard C. Flora Clerk to the Board Chairman February 10, 2004 156 This page intentionally left blank