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HomeMy WebLinkAbout8/12/2008 - Regular August 12, 2008 573 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 12, 2008 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 August 2008. IN RE: CALL TO ORDER Chairman Flora called the meeting to order at 3:00 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, Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: John M. Chambliss, County Administrator; Joseph Obenshain, Senior Assistant County Attorney; Dan O'Donnell, Assistant County Administrator; Mary V. Brandt, Assistant Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Father Nixon Negparanon of Our Lady of Nazareth Catholic Church. The Pledge of Allegiance was recited by all present. 574 August 12, 2008 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1: Resolution desianatina the main football field at Darrell Shell Park as Clowers Field R-081208-1 Chairman Flora presented copies of the resolution to Joyce Clowers and Kay tie Clowers. He advised that the dedication ceremony for Clowers Field would be held that evening at 6:30 p.m. at Darrell Shell Park and that the public was welcome. Pete Haislip, Director of Parks, Recreation, and Tourism was present for the recog n ition. The Board expressed its sympathy to the family and its pleasure in being able to honor father and son by dedicating Clowers Field in their memory. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 081208-1 DESIGNATING THE MAIN FOOTBALL FIELD AT DARRELL SHELL PARK AS CLOWERS FIELD WHEREAS, Jesse Gladden Clowers, Sr. was a resident of Roanoke County and an avid supporter of the county's young people and recreation programs, serving as a coach and mentor to countless children over the years; and WHEREAS, Coach Clowers was a beloved husband and father of two daughters and a son before his unexpected death in 1994; and WHEREAS, the community, in recognition of Coach Clowers' years of volunteer service, dedicated a plaque and flower garden at Darrell Shell Park to his memory; and August 12, 2008 575 WHEREAS, Coach Clowers' only son, Jesse Gladden Clowers, Jr., continued his father's love of athletics and the outdoors, becoming an Eagle Scout and spending many years playing football on the main field at Darrell Shell Park and for Cave Spring High School; and WHEREAS, after graduating from high school, Mr. Clowers attended college at Virginia Tech where he served as a cheerleader for the Hokies and graduated with a degree in business in 2003; and WHEREAS, upon graduation from Virginia Tech, Mr. Clowers joined the United States Army in 2004 and was promoted to the rank of staff sergeant and Green Beret with the U.S. Army Special Forces; and WHEREAS, Mr. Clowers married his wife, Katherine, and became a father with the birth of his son, Jesse Gladden Clowers, III and daughter, Danielle Ann-Marie Clowers; and WHEREAS, in March 2007, Staff Sergeant Clowers was deployed overseas to serve the nation in Afghanistan; and WHEREAS, Staff Sergeant Clowers was just 27 years old when he was killed in action on August 12, 2007, in Nangarhar Province, Afghanistan; and WHEREAS, the County of Roanoke and Cave Spring Recreation Foundation have worked with members of the community to not only honor the sacrifice of Staff Sergeant Clowers on the one-year anniversary of his death, but to remember the many years of service to the community given by his father, Jesse Clowers, Sr. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the main football field at Darrell Shell Park be officially designated as Clowers Field in recognition of the many contributions to Roanoke County and the United States on behalf of both father and son and that a copy of this resolution be provided to their family in their memory. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 2. Resolution of appreciation to Deborah H. Pitts. Parks. Recreation and Tourism Deoartment: and Executive Director. Virainia's Explore Park: upon her retirement after thirty-six years of service R-081208-2 Chairman Flora and Pete Haislip, Director of Parks, Recreation, and Tourism presented a resolution of appreciation and a Roanoke County throw to 576 August 12, 2008 Ms. Pitts. Ms. Pitts was accompanied by her husband, Robert Collins, and her grandson, Zion. The Board expressed its appreciation to Ms. Pitts for her outstanding work at Explore Park and her many contributions while with the Parks and Recreation Department. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 081208-2 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DEBORAH H. PITTS, PARKS, RECREATION AND TOURISM DEPARTMENT, AND EXECUTIVE DIRECTOR, VIRGINIA'S EXPLORE PARK, UPON HER RETIREMENT AFTER THIRTY-SIX YEARS OF SERVICE WHEREAS, Deborah H. Pitts was employed by Roanoke County on June 1, 1972, as a recreation supervisor by the Parks, Recreation and Tourism Department; and WHEREAS, Ms. Pitts served as Recreation Center Leader, Recreation Program Coordinator, and Assistant Director of Recreation until July 3, 2003, when she was appointed Executive Director for Virginia's Explore Park; and WHEREAS, Ms. Pitts retired on July 1,2008, after thirty-six years and one month of service to Roanoke County; and WHEREAS, during Ms. Pitts' long and distinguished career with Roanoke County Parks, Recreation and Tourism Department, she played an instrumental role in the following programs and projects: . Creating the Senior Citizens Program including the renovation and opening of Ogden Senior Center; . Supervising the renovation and opening of Pinkard Court Leisure Arts Center; . Securing funding to strengthen and expand the Therapeutic Recreation Program; . Implementing the After School for Kids Program (ASK); August 12, 2008 577 · Managing the renovation and development of Brambleton Center including the development of the Brambleton Teen Center; and · Creating the Outdoor Adventure Education program based at Camp Roanoke. WHEREAS, Ms. Pitts' compassion, hard work, and dedication contributed to the stabilization of Explore Park and the balancing of its budget while keeping staff morale high, turnover low, and meeting all challenges with a calm determination to succeed; and WHEREAS, Ms. Pitts was held in high esteem by her co-workers for her willingness to listen, to share thoughts and ideas, and for her ability to create and encourage team efforts which resulted in successful programs and events; and WHEREAS, Ms. Pitts through her employment with Roanoke County and her efforts on behalf of Explore Park, has been instrumental in improving the quality of life of 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 of Roanoke County to DEBORAH H. PITTS for more than thirty-six 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 Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: BRIEFINGS .1: Briefino on current status of capital improvement proiects. (Brent Robertson. Director of Manaoement and Budaet) Mr. Robertson briefed the Board on the current status of the following County capital improvement projects: (1) South County library; (2) multi-generational recreation center; (3) fleet service center; (4) 800 MHz radio upgrade: and (5) North County fire station. Mr. Robertson advised that the new South County library will replace the main headquarters branch on Route 419. He reported that the main branch requires a 578 August 12, 2008 larger facility due to the heavy demand for library services. He reviewed the new library's key features. He reported that the construction bids for the project are due August 21, 2008, construction is expected to begin in late August 2008, and the library is scheduled to open in April 2010. Mr. Robertson reported that the new library was designed using sustainable building practices and that a roundabout will be constructed on Merriman Road to provide access to the site. He added that wetland grant funds will be used to enhance the park to be constructed adjacent to the library. Mr. Robertson reported that the multi-generational recreation center will address the need for indoor recreational facilities suitable for all generations in Roanoke County and will aid sports marketing, tourism, and economic development initiatives. He reviewed the amenities that will be available once the center is open. He added that the facility has been designed to be environmentally friendly and energy efficient and will be LEED certified. He advised that construction drawings were submitted for review on July 22, 2008, and site preparation is underway. He reported that the center is scheduled to open in December 2009. Mr. Robertson advised that the need for a new fleet service center has been well documented and given a high priority by previous CIP review committees. He reported that the new fleet service center will service the Western Virginia Water Authority's fleet in addition to the County's. He advised that the Authority is making a capital contribution toward construction costs and that operating costs are reflected in the Authority's service rates. He reported that the new service center will include four August 12, 2008 579 service bays and will be LEED certified. He added that the construction contract was approved by the Board earlier this year and that site clearing is currently underway. He noted that the facility is scheduled to open in June 2009. Mr. Robertson advised that the upgrade of the 800 MHz radio system will provide significant public safety benefits and position the County to use advanced technologies in the future. The upgraded system will continue to have interoperability with the County's partners in the current system. He reported that Motorola will stop supporting the existing analog system in 2010 which makes the upgrade a mandatory one. He reported that the upgrade will cover the County's entire radio system which will also benefit Refuse Collection, Parks and Recreation, and Community Development. The new system is scheduled to go live in October 2009; however, he noted that the FCC mandated re-banding may have an impact on the time line if the re-banding project is not completed by March 2009. Mr. Robertson reported that the North County fire station is being built to relieve the Hollins fire station which has the highest call volume in the County. He added that even after the new station opens, the Hollins station will still be the second busiest station in the County, and the new station is projected to become the fifth busiest. He reviewed the layout of the new station and reported that the facility will initially house one fire truck and one ambulance adding that there will be room for an additional ambulance in the future if needed. He advised that the groundbreaking 580 August 12, 2008 ceremony was held July 2008, site preparation is underway, and the station is scheduled for completion in July 2009. Mr. Chambliss advised that the County is currently undertaking two regional projects-the Western Virginia Regional Jail and the Route 220 Water Line. Mr. Chambliss advised that the County's partners in the regional jail project are Franklin and Montgomery Counties, the City of Salem, and the Town of Vinton. He noted that the new facility will have 605 beds plus approval for 200 double bunks so the facility's opening capacity will be 805 beds. He reported this capacity will meet the projected need identified in the community study prepared for the state which calls for 792 beds during the 10-year window from the time the new facility opens. He reported that the new jail is badly needed due to the overcrowded conditions in the existing jails of the project's partnering localities. He added that there are approximately 300 inmates in the County jail at this time plus a daily average of 80 to 90 inmates outsourced to other facilities. He reported that the new jail is approximately 70 percent complete and is scheduled to open in March 2009. Mr. Chambliss reviewed the progress of the facility's construction and reported that contracts are in development for the services needed by the facility. He advised that staff is being recruited and the first class will begin academy training on September 8, 2008, with an additional class to begin training in December 2008. When the jail opens, it will be staffed with approximately 194 employees and only a small number of those will be the emergency funded positions coming from existing jail August 12, 2008 581 programs. He added that staff has met with representatives of the Virginia Department of Corrections to review the project's construction activity and financial documentation so a request for reimbursement from the state can be made as soon as construction has been completed. Mr. Chambliss advised that the Route 220 water line extension is a joint project with Franklin County and the Western Virginia Water Authority in the Southwest County area. He reported that the water line will begin in the Clearbrook area near Kingery's store and will extend approximately 12 miles along Route 220 to the Wirtz plateau area. Mr. Chambliss advised that the purpose of this briefing was to update the citizens as well as the Board on the progress of each of these projects and that periodic updates will be given for the duration of these projects. IN RE: NEW BUSINESS .1.: Reauest to accept and appropriate! land and water conservation fund arant from the Virainia Department of Conservation and Recreation in the amount of J77.700 to help finance the construction of the Tavlor Tract Park and Trail System at the site of the new South County library. (Lon Williams. Landscape Architect/Park Planner: Pete Haislip. Director of Parks. Recreation. and Tourism) A-081208-3 582 August 12, 2008 Mr. Williams advised that the Virginia Department of Conservation and Recreation (OCR) administers the Land and Water Conservation Fund (LWCF) in cooperation with the National Park Service for the purpose of acquiring and developing outdoor recreation areas to be maintained in perpetuity in accordance with the Land and Water Conservation Fund Act of 1965. He reported that the Act also requires that LWCF properties acquired with the grant be maintained to acceptable standards for public use. Mr. Williams reported that the grant is for $77,700 and will be used to assist the Parks, Recreation, and Tourism Department in the construction of the Taylor Tract Park and Trail System to be located adjacent to the new South County library. He advised that this project will include the construction of a raised boardwalk trail in the wetlands area that will tie into an integrated trail system. Mr. Williams stated that the LWCF program requires that the property be maintained in perpetuity as a public outdoor recreation area. He advised that if a portion of the property developed with LWCF funds is converted to another use, the conversion must be approved by the OCR and the Secretary of the Interior. He added that approval will be granted only if the conversion is found to be in accord with the comprehensive statewide outdoor recreation plan and with the substitution of another recreation property of at least equal fair market value and of reasonably equivalent usefulness and location. He noted that this replacement land will then become subject to the same protection. August 12, 2008 583 Mr. Williams reported that approximately six acres of the site have been delineated as shrub-scrub wetlands and fall under the regulation of the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality. He advised that the existence of these wetlands was a positive consideration in obtaining the grant since the restrictions imposed by the grant offer an additional layer of protection to the wetlands. He noted that the wetlands will also be maintained in perpetuity as a public outdoor recreation area, and he reported that all work supported by the grant is to be accomplished within a three-year time frame which is set to end December 31, 2010. Mr. Williams advised that the grant is administered as a reimbursement program and that the program requires a 50 percent (minimum) matching share. He stated that the County's match would be a minimum of $77,700 and that $50,000 is available for construction and building materials through the Department's Capital Maintenance Program (CMP). Mr. Williams advised that staff anticipates that the Department's project work crew will perform a portion of the work. He reported that this in-kind work is estimated to be worth approximately $30,000 and will be used along with the $50,000 in CMP funds to meet or exceed the required grant funding match. In response to Supervisor Altizer's inquiry, Mr. Williams advised that the County's matching share is a little higher than 50 percent and that this was done to make the County's application more competitive. 584 August 12, 2008 Supervisor McNamara thanked Mr. Williams for his work securing grants for County parks noting that the County's park system comprises more than just the athletic fields. Supervisor Flora moved to approve the staff recommendation (accept and appropriate the Land and Water Conservation Fund grant funds in the amount of $77,700 to the Roanoke County Department of Parks, Recreation, and Tourism). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 2. Reauest to adopt ~ resolution declarina the intent to reimburse capital expenditures related to the renovation and/or replacement of four elementary schools. (Diane Hvatt. Chief Financial Officer) R-081208-4 Ms. Hyatt advised that Dr. Lorraine Lange, Superintendent of Schools; Penny Hodge, Assistant Superintendent of Finance; Dr. Martin Misicko, Director of Operations; and David Wymer, School Board member for the Cave Spring District; were present. Ms. Hyatt advised that the County Board and the School Board began to fund the annual debt service to repair or replace four elementary schools during the fiscal year 2008-2009 budget process. She reported that the four elementary schools are Mason's Cove, Mount Pleasant, Cave Spring, and Green Valley. Ms. Hyatt stated August 12, 2008 585 that the School Budget included $3,488,000 of annual debt service which is sufficient to cover approximately $40 million in either Literary Loans or Virginia Public School Authority bonds. Mr. Hyatt reported that the first phase of the project will be to hire a firm to assess the scope of the renovations needed for each school. She advised that the School Board and the County Board of Supervisors must adopt a resolution of intent to proceed with the project so that the County can reimburse itself for these preliminary expenses from the bond proceeds. She added that the School Board will be adopting their resolution on August 14, 2008. Ms. Hyatt advised that staff will come back to the Board when the County applies for bond proceeds and when the bonds are ready to be sold. She advised that Dr. Misicko would provide an update on the status of the four schools. Dr. Misicko advised the Schools have advertised for architectural and engineering services and that the scope of work has yet to be determined. He reported that RRMM Design Build was selected to undertake the initial survey for the scope of work. He reported that the School Board should receive the scope of work in approximately one and a half months. In response to Supervisor Altizer's inquiry, Dr. Misicko advised that the Schools will structure the request for bids in the most financially beneficial manner so firms may be allowed to bid on one or more schools so that multiple projects can move forward simultaneously. He added that the project(s) will go out to bid in the spring and 586 August 12, 2008 that will be when the construction schedule IS determined. He reported that the anticipated completion date is Fall 2010. Supervisor Church thanked those involved for their work on this project. He added that School Board member David Wymer, Catawba District, has been a joy to work with and that he has received a great deal of positive feedback from the parents in his district regarding Mr. Wymer. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 081208-4 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE FINANCINGS FOR CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES The Board of Supervisors of the County of Roanoke, Virginia (the "County") has determined that it may be necessary or desirable to advance money to pay the costs of certain capital projects for public school purposes (the "Projects"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board to pay the costs of the Projects from the proceeds of its debt or other financings. The maximum amount of debt or other financing expected to be issued in one or more series for the Projects is $40,000,000. This resolution shall take effect immediately upon its adoption. The foregoing resolution was adopted by the Board of Supervisors at its meeting on August 12, 2008 by the following recorded vote: On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: August 12, 2008 587 AYES: NAYS: Supervisors Moore, Church, Altizer, McNamara, Flora None 3. Reauest to adopt! resolution adoptina the provision of local aid to the Commonwealth of Virainia. (John Chambliss. County Administrator) R-081208-5 Mr. Chambliss advised that the General Assembly adopted a biennium budget underfunded by $100 million during the 2008 session and that localities have three options available to them: (1) make a reimbursement payment directly to the Commonwealth for the locality's share of the reductions; (2) take reductions from one or more of the programs in an approved list of programs provided by the state; or (3) a combination of both methods. He advised that staff set aside funds during the fiscal year 2008-2009 budget process to make the reimbursement payment as staff believes that this method will most effectively protect the revenue baseline of the County's programs. He added that in the County's case, the reimbursement total for the fiscal year 2008-2009 budget is $526,371. Mr. Chambliss noted that the list of line item accounts that the state's Department of Planning and Budget would allow localities to reduce included mandated programs such as the Comprehensive Services Act. Mr. Chambliss advised that the County's payment of $526,371 represents approximately two thirds of one cent of our real estate tax rate and represents the burden that County tax payers have to bear to offset this expense, although he noted 588 August 12, 2008 that this payment cannot be recorded as an expense per the state's guidelines. He reported that this reimbursement is in addition to cuts previously made by the state including ABC profits which used to come to counties and localities but are now distributed to towns, Virginia Department of Transportation programs which were either reduced or not funded, funding for 599 and other law enforcement programs, and reductions to the Compensation Board which provides funding for constitutional officers and their operations. He noted that Eldon James, the County's legislative liaison, reported that on July 17, 2008, the governor issued a directive to staff to be mindful of expenditures and to anticipate additional budget cuts in the future which may also impact the County and the Schools. Mr. Chambliss advised that the County needs to advise the state how it plans to recognize this revenue shortfall by the end of August; and in the case of a cash payment, to forward said payment by January 9,2009. Mr. Chambliss reported that earlier today he received a copy of Virginia Beach, Virginia's response to the state which declared that although Virginia Beach recognizes that it will not receive the funds, it is not going to participate in the process. He added that there may be additional responses similar to Virginia Beach's as localities respond to the state, and he advised that he does not know how the state will react to Virginia Beach's response. He reported that this action on the part of Virginia Beach demonstrates the level of frustration felt by many localities. August 12, 2008 589 Supervisor McNamara stated that County citizens need to know how this will impact them. He reported that the County's payment of $500,000 represents two- thirds of one cent of the real estate tax which is $67 on a $200,000 house and that is money the citizen could use to go out to dinner or help the local economy. He stated that the $500,000 could be used to fund the salaries for ten or twelve teachers or police officers or half a school which means that this year the County gave the state half of an elementary school to help the state with its funding crisis. He reported that this money could have been used to build four athletic fields and provide operating expenses for those fields or build a competitive swimming pool which many citizens have expressed an interest in and that the citizens need to be aware that the state is doing this. Supervisor Church stated that Virginia is a Dillon Rule state, so the County can only do what the state allows it to do adding that it will be a historic day when the state fully funds its share of programs many of which are mandated. He stated that the state has dug a hole and given the County a teaspoon to dig its way out. Supervisor Altizer noted that a couple years ago, the citizens were told that the state had a large surplus and now the state is requiring localities to help balance its budget. He reported that approximately 86 percent of the County's funding comes from real estate taxes, so this payment is nothing but a tax increase on the citizens of Roanoke County; however, he added that, as noted, Virginia is a Dillon Rule state so the County is required to take this action to save the state. 590 August 12, 2008 Supervisor Flora stated that although the General Assembly recognized the needs of the Commonwealth when it adopted its budget, the state did not have the fortitude to raise the revenue it required; in consequence the state shifted the burden to the localities, so they could raise the revenue instead. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 081208-5 TO PROVIDE LOCAL AID TO THE COMMONWEALTH OF VIRGINA WHEREAS, the General Assembly chose to respond to shrinking revenue growth by shifting to local governments the responsibility for reducing $100 million of core services; and WHEREAS, the Governor signed into law this $100 million appropriation reduction for local governments in the 2008-2010 biennium without identifying the programs to be reduced; and WHEREAS, these reductions are in addition to those made by the General Assembly and approved by the Governor affecting law enforcement, elementary and secondary education, profits from the Alcoholic Beverage Control Enterprise Fund and distributions of wine liter tax collections, constitutional offices, the upgrade of wastewater treatment facilities in conformance with water quality standards and goals, and farmland preservation to name but a few; and WHEREAS, the $100 million reduction will likely be carried forward into future biennia forcing city and county governments to choose between raising taxes or reducing services. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Roanoke County, Virginia, does hereby support the recording of this payment to the Commonwealth in the amount of $526,371 as an intergovernmental revenue reduction from the Commonwealth as Local Aid to the Commonwealth; and BE IT FURTHER RESOLVED THAT this recording on all financial records shall be shared with the delegation, the Governor, and local news media so that citizens understand the decisions made by this governing body in response to the Commonwealth's choice to delegate their constitutional obligation to local governments, August 12, 2008 591 and that the County Administrator is directed to forward the prescribed transmittal letter and payment to the Commonwealth to fulfill this obligation. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second readina of an ordinance aDDrovina the residential lease at the Roanoke County Center for Research and Technoloav. Catawba Maaisterial District. (Anne Marie Green. Director of General Services) 0-081208-6 Ms. Green advised that there have been no changes in the ordinance since the first reading. She reported that the lease including the change in the term of the lease requested by the tenants was included in the Board's packet for their review. There was no discussion on this item. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 081208-6 APPROVING THE RESIDENTIAL LEASE OF THE LOG CABIN LYING GENERALLY IN THE SOUTHEAST CORNER OF THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY PROPERTY (TAX MAP NO. 54.00-1-2) IN THE CATAWBA MAGISTERIAL DISTRICT OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY 592 August 12, 2008 WHEREAS, by Ordinance 082807-8 the Board of Supervisors approved the residential lease of the log cabin located in the Roanoke County Center for Research and Technology (Tax Map No. 54.00-1-2) to Giles PhilliD Cochran and Terrie L. Cochran. WHEREAS, the Board of Supervisors of Roanoke County is the owner of a tract of land containing 457.60 acres, being located in the Catawba Magisterial District and designated on the Roanoke County Land Records as Tax Map No. 54.00-1-2, which is being developed for economic development purposes as the Roanoke County Center for Research and Technology; and WHEREAS, by Ordinance 031098-7, the Board of Supervisors authorized the continued rental of the three residences on the property until such time as construction would begin and require termination; and WHEREAS, it would serve the public interest for the County to have the log cabin occupied and maintained until such time as all or portions thereof may be needed for economic development purposes; and WHEREAS, on December 2, 1997, the Board authorized the creation of a self balancing account entitled Glenn Mary Capital Account for acceptance of rent payments and expenditure of the funds on maintenance of the property; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on July 22, 2008; and the second reading was held on August 12, 2008. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator or his designee is hereby authorized to execute a lease agreement with Giles PhilliD Cochran and Terrie L. Cochran for the log cabin residence having the address of 4958 Glenvar Heights Boulevard, from September 28, 2008, and shall continue for one year until to September 27, 2009, thereafter this lease is subject to four additional one year extensions beginning September 28, 2009 and ending September 27, 2013, if requested by the tenants and agreed to by the County, for a monthly rental of $700.00 to be paid into the Glenn Mary Capital Account. The rent is subject to an annual increase based upon the CPI beginning September 28,2009. 2. That the County Administrator or his designee is authorized to execute said lease agreement on behalf of the Board of Supervisors of the County of Roanoke and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None August 12,2008 593 IN RE: APPOINTMENTS 1. Capital Improvement Proaram (CIP) Review Committee (appointed ~ district) Chairman Flora advised that the one-year terms of Mike Jeffrey, Cave Spring District; and Steve Campbell, Hollins District; will expire on August 31, 2008. Mr. Jeffrey is completing his first term, and Mr. Campbell is completing his second term. In response to Supervisor Flora's inquiry, Supervisor McNamara advised that the Board had agreed to voluntarily limit service on this committee to two terms. Supervisors Flora and Moore advised that they expect to have appointments by the next Board meeting. 2. Lenath of Service Awards Proaram (LOSAP) for Fire and Rescue Chairman Flora advised that Leon Martin, volunteer member-at-Iarge, submitted his resignation on June 19, 2008, and Craig Sheets, representing the volunteer rescue squads, submitted his resignation effective July 1, 2008. Their four- year terms will expire January 1, 2010. Members of this Board are recommended for appointment by the Volunteer Fire and Rescue Chiefs Board and then confirmed by the Board of Supervisors. It is anticipated that recommendations for these appointments will be submitted to the Board of Supervisors by the end of August. Chairman Flora requested that this item be removed from the agenda until such time as the recommendations for replacements have been received. 594 August 12, 2008 3. Social Services Advisory Board (appointed ~ district) Chairman Flora advised that the four-year term of Douglas C. Forbes, Vinton Magisterial District, expired on July 31, 2008. Mr. Forbes is not eligible for reappointment as he has served two consecutive terms. Supervisor Altizer advised that he expects to have an appointment to this committee by the next Board meeting. Chairman Flora advised that the representative from the Catawba Magisterial District has resigned. This four-year term expired on July 31, 2009. IN RE: CONSENT AGENDA R-081208-7; R-081208-7.c; R-081208-7.d; R-081208-7.e; R-081208-7.f Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 081208-7 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: That the certain section of the agenda of the Board of Supervisors for August 12, 2008, 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 7 inclusive, as follows: 1. Approval of minutes-July 22, 2008. 2. Request from the Fire and Rescue Department to accept and appropriate $4,000 in grant funds from the US Department of Transportation in cooperation with the Virginia Department of Emergency Management for the purpose of hazardous materials emergency planning August 12, 2008 595 3. Request to approve the annual performance contract with Blue Ridge Behavioral Healthcare 4. Acceptance of Renee Lane into the Virginia Department of Transportation Secondary System 5. Acceptance of Cobble Lane into the Virginia Department of Transportation Secondary System 6. Acceptance of Stonecroft Court and an extension of Sandhurst Drive into the Virginia Department of Transportation Secondary System 7. Acceptance of Palmer Green Circle into the Virginia Department of Transportation 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 081208-7.c REQUESTING ACCEPTANCE OF RENEE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition Form LA-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 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 LA-5(A) to the secondary system of state highways, pursuant to S33.1-229, 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; 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 Residency Administrator for the Virginia Department of Transportation. 596 August 12, 2008 Recorded Vote: Moved by: Seconded by: Yeas: Nays: Supervisor Altizer None ReQuired Supervisors Moore. Church. Altizer. McNamara. Flora None RESOLUTION 081208-7.d REQUESTING ACCEPTANCE OF COBBLE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition Form LA-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 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 LA-5(A) to the secondary system of state highways, pursuant to 933.1-229, 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; 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 Residency Administrator for the Virginia Department of Transportation. Recorded Vote: Moved by: Seconded by: Yeas: Nays: Supervisor Altizer None ReQuired Supervisors Moore, Church. Altizer. McNamara. Flora None RESOLUTION 081207-7.e REQUESTING ACCEPTANCE OF STONECROFT COURT AND AN EXTENSION OF SANDHURST DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. August 12, 2008 597 WHEREAS, the streets described on the attached Addition Form LA-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 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 LA-5(A) to the secondary system of state highways, pursuant to 933.1-229, 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; 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 Residency Administrator for the Virginia Department of Transportation. Recorded Vote: Moved by: Seconded by: Yeas: Nays: Supervisor Altizer None Reauired Supervisors Moore. Church. Altizer. McNamara. Flora None RESOLUTION 081208-7.f REQUESTING ACCEPTANCE OF PALMER GREEN CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition Form LA-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 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 LA-5(A) to the secondary system of state highways, pursuant to S33.1-229, Code 598 August 12, 2008 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; 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 Residency Administrator for the Virginia Department of Transportation. Recorded Vote: Moved by: Seconded by: Yeas: Nays: Supervisor Altizer None Reauired Supervisors Moore. Church. Altizer. McNamara. Flora None IN RE: REQUESTS FOR WORK SESSIONS Supervisor Moore requested a work session on the following topics: (1) County's noise ordinance; (2) refuse collection; and (3) corner lot setback requirements as requested by Supervisor McNamara. Chairman Flora requested that this work session be scheduled for the next Board meeting if the meeting schedule allows. IN RE: REPORTS In response to an inquiry from Supervisor McNamara regarding the general fund balance report, Ms. Owens advised that she updates the general fund balance with the fiscal year 2008-2009 revenues at the beginning of the fiscal year; however, she agreed that those figures could be misleading and advised that she will continue to use the fiscal year 2007-2008 figures until the previous year's budget is closed out and the audited balance of June 30, 2008, is reflected in the report, so that it is clear to the citizens that the County did meet its fiscal goals for that year. August 12, 2008 599 Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None .1: General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaencv 4. Telecommunications Tax Comparison Report ~. Report of Claims Activity for the Self-Insurance Proaram 6. Statement of the Treasurer's Accountability per Investment and Portfolio Policv as of June 30. 2008 REPORTS AND INQUIRIES OF BOARD MEMBERS IN RE: Supervisor Moore: She congratulated the U 12 Scrappers on winning the ASA Junior Olympic Girls Eastern National Championships. Supervisor Church: (1) He advised that he would be out of town for the next 10 days. (2) He advised that staff was working on the issues raised by Leon Martin; and he thanked Arnold Covey, Bill Richardson, Paul Mahoney, and John Chambliss for their efforts on Mr. Martin's behalf. 600 August 12, 2008 IN RE: CLOSED MEETING At 4:25 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 (7) consultation with legal counsel and briefing by staff regarding a specific legal matter, namely an amendment to the Tecton Products, LLC performance agreement. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: WORK SESSIONS .L Work Session on Local Governments for Sustainabilitv (ICLEt) and citizens advisory committee. (Anne Marie Green. Director of General Services) The work session was held from 4:45 p.m. until 5: 15 p.m. Staff present: Anne Marie Green, Director of General Services; Jim Vodnick, Assistant Director of General Services. Others present: Lindsey Hudson, Roanoke College intern; Sean McGinnis, Senior Research Scientist in Materials Science and Engineering, Virginia Tech; Dr. Diana Christopulos, Roanoke Valley Cool Cities Coalition. Ms. Green advised that the work performed this summer on the ICLEI project was partially funded by a grant from Roanoke Cement to the Roanoke Valley Cool Cities Coalition. She reported that the County has had to deal with various environmental issues including tire and forest fires, the Dixie Caverns Landfill, and August 12, 2008 601 increased energy costs as well as requests from County citizens for additional recycling drop off trailers and household hazardous waste days which she noted will be held by the Roanoke Valley Resource Authority in the future. She stated that the County has taken several steps to address environmental issues including adopting an environmental policy and implementing an environmental management program in 2001, adopting the Ozone Early Action Plan, and joining Local Governments for Sustainability (ICLEI) in August 2007. Ms. Green provided a brief background of the ICLEI organization and reviewed the ICLEI process. She reported that the ICLEI program does not require mandates, rather it seeks to change behavior on a voluntary basis through rewards and recognition. She advised that the process involves the following five steps or milestones: (1) the establishment of a baseline for the County's greenhouse gas emissions; (2) adoption by the Board of a target to reduce emissions; (3) the development of a local action plan; (4) the implementation of an action plan; and (5) monitoring and verification of the results. Ms. Green stated that the County is in the process of completing the first milestone and that staff will soon bring recommendations to the Board in order for the Board to adopt the target for Milestone 2. She reported that the County has formed an internal committee to review County operations and recommended that a citizens advisory committee be formed to work with the community to reduce its energy 602 August 12, 2008 consumption. She advised that the commitment for members of the committee would be approximately two to three hours monthly. Supervisor Moore briefed her fellow Board members on the citizens advisory committee's role in the process and recommended that committee members be appointed by district so that a cross section of the community will be represented. Ms. Green advised that the committee would be brought back to the Board for approval and requested direction from the Board concerning the committee's set up. She recommended that the committee consist of five regular members and five alternates and added that by-laws will probably be necessary. There was a general discussion regarding ICLEI goals and methodology. Members of the Board expressed concerns regarding the use of mandates and incentives and advised that they wanted to be clear concerning the County's role in the process. Supervisor Altizer advised that he wanted to go on record that he is not interested in participating in ICLEI if mandates are going to be implemented. Ms. Green stated that the ICLEI program is a voluntary one with community outreach as its primary focus. She added that the Board will be kept informed, and its input sought throughout the process. She stated that she was seeking the Board's input on the formation of the citizens advisory committee. She recommended that it consist of five regular members and five alternate members to be August 12, 2008 603 appointed by district as well as staff members and that it will function similarly to the Capital Improvement Program Advisory (CIP) Committee. It was the consensus of the Board to continue the ICLEI process, and staff was directed to proceed with the formation of a citizens advisory committee to be appointed by district. IN RE: CLOSED MEETING The closed meeting was held from 5:22 p.m. until 5:26 p.m. IN RE: CERTIFICATION RESOLUTION R-081208-8 At 5:30 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 Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 081208-8 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 604 August 12, 2008 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 voice vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 5:30 p.m. Submitted by: .1 Approved by: ~~~ L ~ Mary V. andt, CPS Assistant Deputy Clerk to the Board Richard C. Flora Chairman