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HomeMy WebLinkAbout2/10/2009 - RegularFebruary 10, 2009 8 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 February 10, 2009 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 2009. IN RE: CALL TO ORDER Chairman Altizer called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael W. Altizer, Vice-Chairman Joseph P. McNamara, Supervisors Joseph B. "Butch" Church, Richard C. Flora, Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: John M. Chambliss, Jr., County Administrator; Paul M. Mahoney, County Attorney; Dan O'Donnell, Assistant County Administrator; Becky R. Meador, Deputy Clerk to the Board; Teresa Hamilton Hall, Director of Public Information IN RE: OPENING CEREMONIES The invocation was given by Melinda Cox, Roanoke County's Existing Business Program Manager and member of Virginia Heights Baptist Church. The Pledge of Allegiance was recited by all present. 82 February 10, 2009 IN RE: REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney requested that a closed meeting be added pursuant to the Code of Virginia Section 2.2-3711.A.7, consultation with legal counsel and briefings by staff members regarding specific legal matters, namely consideration of the industrial park, library and fire station agreements requiring the provision of legal advice by such counsel. There were no objections to adding the closed meeting. IN RE: BRIEFINGS 1. Annual report from the Roanoke Regional Partnership Beth Doughty, Executive Director) Ms. Doughty thanked the Board for the opportunity to report on the Partnership's accomplishments during her first year as Executive Director. She advised that the County's support of the Partnership contributes to the economic development of the region. Ms. Doughty delivered a PowerPoint presentation concerning the annual report, which had been distributed to the Board members. Ms. Doughty advised that the Partnership has been involved in business attraction, which remains the core of their work. Even in a difficult year such as 2008, the Partnership was involved in projects, openings, expansions and locations that represented 320 new jobs and investments of $102 million. She reported that they dealt with 158 companies; 65 percent of the prospect traffic went through Roanoke County. February 10, 2009 83 She stated that one way to calculate a return on the County's investment is through prospect traffic activity, and while the County pays 13 percent of the total budget of the Partnership, the County had 65 percent of the prospect traffic. She reported that the specific activity for the County increased 93 percent with 27 projects. She advised that they submitted 55 properties in the County and 13 prospects visited and viewed 18 different properties. Ms. Doughty stated that they are also working to attract talented people to this region. She reported that companies are looking for answers on their own and that is why a comprehensive Web presence is very important. She described their new website, roanoke.org, which provides visitors with a 360-degree presentation of the Roanoke Valley and answers many of their questions, including what it is like to work and live in this region. She advised that they have approximately $100,000 of search engine marketing associated with the website using keywords, sponsored links or Google ads that direct people to the website and to the Roanoke region; they also use banner advertising to build their image. She stated that sometimes people do not even know what state Roanoke and the Roanoke region are in and the search engines and banner advertising draws traffic to the site, interest in the region and builds an image. Ms. Doughty stated that they are also using editorial placements and making multiple pitches to various media, such as magazines, newspapers or websites. She advised that their first success will be a package in the May issue of U.S. Airways inflight magazine, which will provide great exposure. The Roanoke Valley has not been 84 February 10, 2009 featured in this publication since 1986. She stated that they are taking advantage of social media sites, such as Facebook, YouTube and Wikipedia. They have also worked on new programs that include retail recruitment and outdoor brand development. Ms. Doughty introduced members of the Partnership staff who were present at the meeting: Rob Ledger, Director of Business Development, and Pete Eshelman, Director of Outdoor Branding. Ms. Doughty advised that the Partnership's plan has three steps: (1) cataloging, packaging and promotion of the outdoor amenities and creating a website that describes the region and the outdoors; (2) identifying gaps and attracting small businesses that help build and strengthen the outdoor brand; and (3) attracting big businesses that want to be identified with the outdoor brand. Ms. Doughty added that while the Partnership has expanded its program, they have not abandoned their core responsibilities and are using better tools and software for analysis to identify trends that can help the Partnership Board with their decision-making processes. She advised that adding the retail element, outdoor brand and image-building activities will give them a rounded program of work that will benefit the County now and in the future. Supervisor Moore expressed her appreciation to Ms. Doughty for the fine report and the fabulous ideas expressed. Chairman Altizer expressed appreciation to Ms. Doughty for presenting the report and to Mr. Ledger and Mr. Eshelman for their February 10, 2009 $cJ attendance. He advised that he felt the direction of the Partnership is positive and looks forward to hearing the results. IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA 1. CARRIED OVER FROM JANUARY 27. 2009, DUE TO TIE VOTE: The etp ition of Foxhall Properties, LLC to rezone 12.237 acres from I-1, Low Intensi Industrial District, to I-2CS, High Intensi Industrial District with Conditions and Special Use Permit, for the purpose of operating an asphalt Ip ant and construction yard located at 4127 West Main Street, Salem, Catawba Magisterial District Mr. Mahoney advised that he was present to answer questions and that he included in his staff report the provisions of the Board's rules and procedures for a tie vote. He advised that both the Roanoke County Code and State Code mandate that the Board hold a public hearing on rezoning petitions. Further, State Code states that a rezoning petition "shall be acted upon and a decision made within such reasonable time as may be necessary, which shall not exceed 12 months." He advised that the petitioner in this matter is entitled to both a public hearing and a decision by the Board on its rezoning petition. He stated that staff's recommendation is that the Board approve and adopt the first reading of the ordinance and schedule the second reading and public hearing. 86 February 10, 2009 Supervisor Church advised that he wanted to make a motion to approve the first reading and had been advised by Mr. Mahoney that advancement of the first reading would schedule the public hearing for February 24, 2009. He stated that he would like to request the public hearing be held on March 17 since Mr. Mahoney had advised that there were other public hearings scheduled for March 24. Supervisor Church advised that his request for continuation of the public hearing was because the Glenvar community had retained an environmental firm and another professional organization that needed time to review the information. Supervisor Church reported that he made a request to the Board members last Friday afternoon asking for a change of venue. However, after meeting with the community group and considering the technicalities and cost involved with a change of venue, he was not asking for a change. He advised that his motion is to approve the first reading and request a continuation to March 17, 2009. Chairman Altizer advised that the motion contained a request for a continuation and he inquired if it was a continuation of the matter before them today. Supervisor Church stated that, according to Mr. Mahoney's advice, approving the first reading would schedule the public hearing for February 24 and his motion would be to delay the public hearing to the specific date of March 17, 2009. Supervisor Flora inquired if the tie vote had to be disposed of or could the maker of that motion withdraw it. Mr. Mahoney referred to County Code, Section 2-123, and advised that the motion comes back before the Board as it was originally submitted February 10, 2009 87 However, he advised that Supervisor Church is making that motion and amending it to substitute the date for the public hearing of March 17 instead of February 24. He advised that Supervisor Church's motion would fulfill the intent of County Code, Section 2-123. Supervisor Flora inquired if the motion was an amendment to the original motion. Supervisor Church advised that he had relied upon the advice of Mr. Mahoney and requested that Mr. Mahoney speak to the question. Mr. Mahoney advised that he viewed Supervisor Church's motion as being an amendment to the original motion. Supervisor Flora inquired if they should vote on the amendment before voting on the original motion. Mr. Mahoney advised that the Board could vote on the amended motion instead of having to vote on both motions. Supervisor McNamara inquired why Supervisor Church was scheduling the public hearing on March 24 since there is an additional Board meeting scheduled on March 17 for a specific purpose. Supervisor Church stated that Mr. Mahoney advised him that a second public hearing was already scheduled for March 24. Otherwise, he would have been happy to have the public hearing on that date. Mr. Mahoney advised that the Edward Rose Properties rezoning at Cove Road off Route 419 is anticipated to be before the Board on March 24 and since the community meeting was somewhat controversial, he was concerned that there would be two public hearing items on March 24 that would have significant citizen participation. 88 February 10, 2009 Supervisor McNamara inquired about the subject for the March 17 special meeting. Mr. Chambliss advised that the March 17 meeting would be to consider either human services or cultural organization requests for funding. Supervisor McNamara said he believed citizen participation may potentially be the same for the Rose rezoning as for the asphalt plant. Mr. Mahoney replied that this could be true. Supervisor McNamara restated his question as to why they are not considering March 24 for the public hearing. Supervisor Church advised that he was fine with the public hearing being scheduled for March 24, or even April. However, he had relied on the advice of Mr. Mahoney. Supervisor McNamara advised that they should look at scheduling March 24 since the Board already has a lengthy meeting scheduled at that time. Supervisor Church advised that he agreed with scheduling the public hearing on March 24. Mr. Mahoney advised that Mr. Chambliss would present a calendar with respect to holding additional meetings in March on budget matters at a later work session. He advised that it is the Board's pleasure as to when to schedule the public hearing and asked if they wanted to go forward with February 24 or schedule another date. Supervisor McNamara advised that he was in favor of scheduling the public hearing for March 24. However, he would support whatever date Supervisor Church preferred. Supervisor Church advised that he was relying on Mr. Mahoney's counsel and trying to serve the citizens of Roanoke County, who have requested a continuance. February 10, 2009 89 Chairman Altizer stated that there was talk earlier in the day about a possible joint work session with the Planning Commission in reference to the Wolf Creek Planned Residential Development (PRD). Mr. Mahoney advised that the attorney for Wolf Creek, Inc. submitted a rezoning application on Friday that would amend the PRD conditions and, based on the current cycle, the public hearings before the Planning Commission and the Board would be held in April. He advised that the planning staff scheduled a work session with the Planning Commission at 6:00 p.m. on March 17 since there is a fairly extensive set of changes to the PRD conditions. He advised, based on his discussion with Chairman Altizer, that the Board would join the Planning Commission at 6:00 p.m. on March 17 before the Board's special meeting at 7:00 p.m. This would prevent having a subsequent work session on the Wolf Creek PRD with the Board in April. Supervisor Church advised that he was asking for the date of March 17 for the public hearing upon the advice of Mr. Mahoney, and it would be fine if the Board wanted to take the public hearing to the second meeting in April. Supervisor Flora clarified that his previous questions were not because he was opposed to the motion. He advised that he wanted to ensure that the actions taken today are consistent with state laws and Board policies. Supervisor Altizer inquired where the tie vote from the previous meeting stands. Mr. Mahoney advised that it was carried forward to this meeting and is before the Board for consideration. He advised that Supervisor Church has made a motion to 90 February 10, 2009 amend the original motion and, under Robert's Rules of Order, the amendment is voted on first and, if that amendment passes, the original motion would be voted on. It has been the Board's practice in the past to collapse multiple votes into one vote. Supervisor Altizer advised that he believes the motion is not an amended motion but a substitute motion, and if they vote in favor of the substitute motion, it nullifies the tie vote. Mr. Mahoney agreed that it was a substitute vote. Supervisor Church advised that he would withdraw his motion and make a motion to approve the first reading. In that motion, however, he needs to ask for a continuation for the date of the public hearing, which the Board is required to allow. Chairman Altizer advised that the motion should be a substitute motion and requested that Supervisor Church restate his motion as a substitute motion. Supervisor Church advised that he would make a substitute motion on Item E.1 and move for approval with a continuation granted to March 24, 2009. Chairman Altizer clarified that Supervisor Church's substitute motion would approve the first reading consent agenda item concerning Foxhall Properties rezoning with a stated public hearing date of March 24, 2009. Supervisor Church's substitute motion to approve the first reading and request a continuation to March 24, 2009, carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None February 10, 2009 g~ IN RE: PUBLIC HEARING 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal near 2008-2009 budget in accordance with Section 15.2-2507, Code of Virginia Brent Robertson, Director of Management and Bud et Mr. Robertson advised that this is a public hearing to secure citizen comments concerning the amending of the fiscal year 2008-2009 budget by adjusting the aggregate amount to be appropriated during the fiscal year. Virginia provides that whenever such an amendment exceeds one percent of the total expenditures shown in the adopted budget or $500,000, whichever is lesser, the County must publish notice of the meeting and public hearing. This notice was published on February 3, 2009. The items for the public hearing include: (1) a request to reduce the appropriation of funds in the amount of $2,918,959 resulting from decreased revenue projections and state allocations; (2) a request from the schools to accept and appropriate funds in the amount of $2,500 for fiscal year 2008-2009 for the Autism Program; and (3) a request to accept and appropriate funds from the U.S. Marine Corps Reserve Unit and the Marine Corps League in the amount of $5,000 from the annual Marine Mud Run. He advised that there is no fiscal impact as a result of the public hearings and the request for appropriations will occur later in the agenda. Chairman Altizer stated that the Board needs to accept and appropriate funds from the U.S. Marine Corps Reserve in the amount of $5,000, instead of $8,000, 92 February 10, 2009 as previously reported. Mr. Robertson advised that this was correct. Chairman Altizer opened and closed the public hearing. There were no citizen comments. IN RE: NEW BUSINESS 1. Presentation from the U.S. Marine Cor s Reserve Unit and the Marine Corps League and appropriation of 5 000 proceeds from the 13th Annual Marine Mud Run Pete Haislip, Director of Parks, Recreation, and Tourism A-021009-1 Mr. Haislip advised that this is the 13th year of the Marine Corps League Mud Run and he emphasized that the Marine Corps League coordinates the Mud Run with support from the battalion. He stated that the Mud Run continues to be very popular in the Roanoke Valley every year with literally several thousand participants in both the individual and team categories. He advised that the run attracts runners from ages four to 84 years old and with this year's $5,000 contribution, the total contributions over the 13 years is more than $63,000. He advised that in the past the funds have been divided between Toys for Tots and Camp Roanoke and that the County will continue to use their donation for the development of Camp Roanoke. He introduced Paymaster James Stokes from the Marine Corps League and Greg Martin, Manager of Camp Roanoke. Paymaster Stokes presented the check for $5,000 to Chairman Altizer and February 10, 2009 93 requested the Supervisors participate in the next Mud Run. He expressed appreciation to everyone who has helped with the Mud Run and advised that it has been successful for many years. He stated that they split the donation between Camp Roanoke and Toys for Tots and as the funds increase each year, the donations to the supported agencies will increase as well. He advised that Marine Corps League Commandant Colonel Gene Nervo and Senior Vice-Commandant Moses Stevens were scheduled to attend the meeting but were unable to attend. Chairman Altizer expressed appreciation for the donation and their service to the community. He wished them continued success in the future. Supervisor Church advised that he would make a motion to approve with comment since the Mud Run was held in Green Hill Park. He expressed his appreciation to the Marines for their efforts on behalf of the County and Camp Roanoke. Supervisor Church moved to approve the staff recommendation to accept • and appropriate $5,000 from the 13th Annual Marine Corps Mud Run. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None Paymaster Stokes presented a plaque to Mr. Haislip and the Roanoke County Parks, Recreation and Tourism Department and thanked them for their assistance with the Mud Run. Chairman Altizer presented Paymaster Stokes with certificates of 94 February 10, 2009 recognition for the U.S. Marine Corps Reserve Unit and the Marine Corps League. Supervisor McNamara expressed his appreciation and congratulations for another great year. He advised that citizens look forward to the event and it is for a great cause. He advised that he would like to see the Board members and County department directors participate. Supervisor Moore expressed appreciation to the Marines for their many accomplishments and advised that she would like to participate in the next Mud Run. 2. Request to approve a name for Roanoke Coun 's New Multi- Generational Recreation Center Pete Haislip, Director of Parks, Recreation and Tourism A-021009-2 Mr. Haislip commented on Ms. Doughty's briefing earlier and in particular about the outdoor branding. He advised that County staff has met with Mr. Eshelman and offered to cooperate with the Partnership to expand outdoor branding and recreation in the Roanoke Valley. He advised that he views the multi-generational center as part of the quality of life of this region and something that can be shared with people in the valley and marketed throughout the country. Mr. Haislip advised he was requesting that the Board approve a name for the multi-generational recreation center. Staff presented several recommendations at the January 27 work session and that everyone approved of "Green Ridge," which was recognizable and has a strong geographical basis, for the center's name. He added that February 10, 2009 95 staff feels comfortable in making the recommendation of "Green Ridge Recreation Center" as the name. He advised that at the work session consensus was reached to call the outdoor water park "Splash Valley." He recommended to the Board that they name the multi-generational center the "Green Ridge Recreation Center." Supervisor Flora stated that although he was unable to attend the work session he approved of the name and, if there were no objections, he would move approval of the name "Green Ridge Recreation Center." Supervisor Moore said that she was comfortable with the name. However, it simplifies what the recreation center has to offer, which includes a water park, fitness center, corporate meeting rooms and a business park. She recommended opening the subject of the name to the public and offering a month membership to someone who submitted a catchy, short name. She added that she approved of Splash Valley and Green Ridge. If more information could be incorporated into the name, however, it would make a big difference. Supervisor Church advised that they approved of "Green Ridge" at the work session and asked staff to come back at this meeting with a recommendation. He approves of "Splash Valley" and is fine with a name that suits the area. He feels it is more of a recreation center. Mr. Haislip advised that they discussed adding family, wellness and aquatic fitness center to the name. All of these things, however, are under the umbrella of recreation. He feels the key is not what is in the name but the marketing of the facility. 96 February 10, 2009 Although he feels that "Green Ridge" is a powerful geographic statement, he would move in whatever direction the Board decides. Mr. Haislip said he would like to begin marketing the center. Supervisor Altizer advised that he felt you could put other words with "Green Ridge," but the majority of citizens will refer to it as "Green Ridge" and he was fine with the staffs recommendation. He added that he understands that a name has to be chosen to move forward with the marketing. Supervisor Flora stated that he did not see focusing so much on the name as moving forward with the marketing and he felt that the name should be simple. Mr. Haislip stated that his two-year goal is to have people automatically think of the recreation center off Interstate 581 when they hear the words "Green Ridge." Supervisor Flora advised that if they put the name out for public consideration it would cause an additional delay of at least six months and staff will miss the opportunity to market the center before it opens in January. Supervisor Flora moved to approve the staff recommendation to name the facility the "Green Ridge Recreation Center." The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None February 10, 2009 97 3. Request to amend reduce the appropriation of funds in the amount of $2,918,959 resulting from decreased revenue projections and state allocations Brent Robertson, Director of Management and Bud et A-021009-3 Mr. Robertson reported that staff updated the Board at the December 16, 2008, work session on the status of current year (fiscal year 2008-2009) revenue estimates, which indicate that projected revenues would fall short of the current revenue budget by $2,918,959. To reflect current estimates, he recommended the Board amend the fiscal year 2008-2009 appropriations. He stated that revenue appropriations will be reduced $2,918,959 in the categories indicated on the summary included in the Board report and expenditure appropriations will be reduced by the same amount as follows: (1) Job Bank/Personnel Savings - $1,432,502; (2) Departmental Budget Reductions - $761,957; (3) GASB 45 Savings - $200,000; (4) Police District (1/2 year) - $157,500; and (5) Economic Development Funds - $367,000. He advised that staff recommends amending the fiscal year 2008-2009 appropriations by reducing both General Government revenues and expenditures by $2,918,959. Chairman Altizer requested that Mr. Robertson elaborate on some of the underlying reasons for the reductions. Mr. Robertson reported that the areas where the County is being affected include real estate and personal property taxes, which were originally projected to be 98 February 10, 2009 higher. He advised that both new and used car sales and used car values dropped significantly in the last four or five months. Recordation and meals taxes also declined. In previous recessions, meals tax was maintained at the same level throughout the downturn; however, that is not the case at this time. He advised that they have also absorbed approximately $200,000 of reductions in state revenues based on the Governor's mid-year adjustments. There was no further discussion. Supervisor Altizer moved to approve the staff recommendation to amend FY2008-2009 appropriations by reducing revenues and expenditures by $2,918,959. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None Before voting, Supervisor Flora commented that the Board reduced the budget by approximately $3 million in less than three minutes, while it spent an hour discussing the amendment of a motion and naming a recreational facility. He advised that the Board can act quickly when necessary. He complimented the staff for taking care of the budget problems quickly. As a result, the Board could reduce the budget without significantly impacting programs or services. After voting, Supervisor Church commented that he understood Supervisor Flora's point. However, the Board had no recourse but to approve the action. February 10, 2009 gg IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing conveyance of an easement to Appalachian Power Company for electric service across roe owned ~ the Board of Supervisors at the Roanoke Coun Fleet Services Building Paul Mahoney. Coun Attorne Mr. Mahoney advised that this is the first reading of the ordinance that would donate an easement to Appalachian Power Company in order to provide electric service to the new Fleet Services Building. He referred Supervisors to a map in the agenda materials showing the location of this easement. He advised that the easement will be underground and that the second reading is scheduled for February 24, 2009. There was no discussion. Supervisor Flora moved to approve the first reading and set the second reading for February 24, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: APPOINTMENTS 1. Social Services Advisory Board (appointed ~ district Supervisor Altizer appointed Charles S. Wertalik to the Social Services Advisory Board for the Vinton Magisterial District and requested that confirmation of his appointment be placed on the Consent Agenda. ~~ February 10, 2009 IN RE: CONSENT AGENDA R-021009-4; R-021009-4.a; R-021009-4.b; R-021009-4.d Supervisor Flora moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 021009-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K -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 February 10, 2009 designated as Item K -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Resolution of appreciation to Linda D. Trail, Social Services Department, upon her retirement after 22 years of service 2. Acceptance of Golden Oak Lane, Hollins Magisterial District, into the Virginia Department of Transportation Secondary System 3. Request from the schools to accept and appropriate funds in the amount of $2,500 for fiscal year 2008-2009 for the Autism Program 4. Acceptance of a portion of Chestnut Mountain Circle, Route 1034, Vinton Magisterial District, into the Virginia Department of Transportation Secondary System 5. Acceptance of the donation of a new permanent public drainage easement on property of Quarles Petroleum, Inc., Tract "E-1," Fort Lewis Industrial Park, and a new permanent public drainage easement on property of Salem Ready Mix Concrete, Inc., Tract "E-2," Fort Lewis Industrial Park, Catawba Magisterial District 6. Confirmation of committee appointment 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. February 10, 2009 101 On motion of Supervisor Flora to adopt the consent resolution and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 021009-4.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LINDA D. TRAIL, SOCIAL SERVICES DEPARTMENT, UPON HER RETIREMENT AFTER TWENTY-TWO YEARS OF SERVICE WHEREAS, Linda D. Trail was employed by Roanoke County on February 1, 1987; and WHEREAS, Ms. Trail retired on February 1, 2009, as an Eligibility Worker with the Social Services Department after twenty-two years of service to Roanoke County; and WHEREAS, Ms. Trail, a compassionate and empathic individual, listened to citizens' concerns and offered assistance without bias; and citizens often commented that they were touched by her kindnesses and ability to not judge them; and WHEREAS, Ms. Trail exceeded the expectations for service delivery to those individuals in need; and WHEREAS, Ms. Trail, through her employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County. 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 LINDA D. TRAIL for twenty-two 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, Flora, McNamara, Altizer NAYS: None RESOLUTION 021009-4.b REQUESTING ACCEPTANCE OF GOLDEN OAK LANE, HOLLINS MAGISTERIAL DISTRICT, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached VDOT Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and OZ February 10, 2009 WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Recorded Vote: Moved by: Supervisor Flora Seconded by: None Required Yeas: Supervisors Moore, Church, Flora, McNamara, Altizer Nays: None RESOLUTION 021009-4.d ACCEPTANCE OF A PORTION OF CHESTNUT MOUNTAIN CIRCLE, RTE 1034, VINTON MAGISTERIAL DISTRICT, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM WHEREAS, the street described below currently serves at least 3 families and was established prior to July 1, 1992, at which time it was used by motor vehicles as a public access; and WHEREAS, the County has determined its subdivision ordinance satisfies subsection B of §33.1-72.1, Code of Virginia, and is therefore eligible to make qualifying additions to the secondary system of state highways maintained by the Virginia Department of Transportation and fund necessary improvements as setout therein, except as otherwise prohibited by subsection B of §33.1-72.2, Code of Virginia; and WHEREAS, after examining the ownership of all property abutting this street, including the deeds and related plats, this Board finds no restriction on the use of public funds for improving of the road; and WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does not exist; and G L February 10, 2009 103 WHEREAS, this Board has identified immediately available funding to make improvements required to qualify the street for addition to the aforesaid secondary system of state highways, based on the Department's cost estimate of $ 62,321.00; NOW, THEREFORE, BE IT RESOLVED, pursuant to §33.1-72.1, Code of Virginia, this Board requests the following street be added to the secondary system of state highways maintained by the Virginia Department of Transportation and hereby guarantees the right-of-way of the street to be clear, unencumbered and unrestricted, which right of way guarantee shall including any necessary easements required for cuts, fills, and drainage: Name of Subdivision: C.L. Bush Estate Name of Street: Chestnut Mountain Circle, Rte. 1034 From: Existing end of State maintenance 0.0890 To: Proposed cul-de-sac Length: miles Guaranteed Right-of-Way Width: 50 feet + (R/W Width Varies) Right of Way Instrument or Reference Instrument #: 200901442, 200901443 and Date Recorded: 02/05/09 BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said improvements with the following funds; Source of Funds Amount Roanoke Count Seconda Six Year State Funds $ 00000.00 BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of receiving an invoice, all costs that the Virginia Department of Transportation incurs to relocate existing utilities within the right of way that are discovered during the course of and in conflict with the construction, drawing such funds from resources other than those administered by the Department; and BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of receiving an invoice, all costs that the Virginia Department of Transportation incurs in the construction of necessary improvements to the road that are over and above the 104 February 10, 2009 estimated cost of improvements or to otherwise identify an eligible source of funds administered by the Department to cover such costs; and BE IT FINALLY RESOLVED, that a certified copy of this resolution and a county check in the amount of $ 0 be forwarded to the Residency Administrator of the Virginia Department of Transportation. Recorded Vote: Moved by: Supervisor Flora Seconded by: None Required Yeas: Supervisors Moore, Church, Flora, McNamara, Altizer Nays: None IN RE: REQUESTS FOR PUBLIC HEARINGS 1. Request for Public Hearing on March 10" 2009, to authorize the issuance of General Obligation Bonds through the Virginia Public School Authori V( PSA1 for certain school renovations Diane Hyatt, Chief Financial Officer) Ms. Hyatt advised that the process to apply for VPSA bonds has changed slightly. In the past, the item would come to both the School Board and County Board before the application was submitted to VPSA for the bond sale; now, only the School Board needs to adopt the resolution before they apply. However, the County Board still needs to hold a public hearing and approve the resolution before the bonds are actually issued. This is why the Board does not have an item for action other than to schedule the public hearing for March 10, 2009. Ms. Hyatt advised that school staff is currently putting together an application for the spring sale that will include renovations to William Byrd High School, Mount Pleasant Elementary School, Green Valley Elementary School and Cave Spring Elementary School. Renovations for Mason Cove Elementary School will be postponed February 10, 2009 105 until the fall because the School Board wants to build a new school and they are still in the design phase. Ms. Hyatt advised that the bond market looks very good for the VPSA spring bond sale. Recently there have been sales in Virginia under four percent, which is probably what will be available for the spring sale. She advised that there will be an option to pull out of the bond sale if the markets become too volatile. She advised that this action is to establish the public hearing for March 10, 2009, so that it may be advertised. Supervisor Flora inquired if Ms. Hyatt mentioned under four percent interest and, upon her confirmation of that fact, he inquired when was the last time they could sell bonds for fewer than four percent. Ms. Hyatt advised that she does not remember a time. Supervisor Flora stated that he also did not remember a time. Ms. Hyatt advised that Hanover County recently issued bonds and they averaged fewer than four percent. In response to Chairman Altizer, Ms. Hyatt advised that the Board action is to approve the public hearing date of March 10, 2009. Supervisor Altizer commended the Board and School Board for adopting policies and agreements several years ago to create infrastructures. He advised that the School Board and Board will be able to build a new elementary school in the fall as well as renovate a high school and three elementary schools due to the previous actions taken. He advised that these projects could be considered the County's stimulus 106 February 10, 2009 package. He advised that the County is not standing still in this economy, but moving forward. In response to Chairman Altizer's inquiry, Mr. Mahoney advised that a motion and vote to schedule the public hearing were necessary. Supervisor Flora moved to hold the public hearing on March 10, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Flora: He commented that Roanoke County is ahead of the curve in regard to the current status of the economy. He feels the County believes in getting the job done and commended the Board and School Board. He talked about the foreclosure rate of Lee County, which processed 800 foreclosures in one day recently February 10, 2009 107 and are still around 200 behind; Supervisor Flora feels that we are blessed not to have those type conditions in Roanoke County. He commented that sales taxes will drop with unemployment. He voiced his concern that banks do not help people before foreclosure and do not try to assist them until it is too late. Supervisor McNamara: He requested that Mr. Chambliss and Mr. Driver meet with one of his constituents. He also requested a meeting with Mr. Chittum. Supervisor Moore: (1) She congratulated Superintendent Lorraine Lange for receiving the Tech Sawy Superintendent Award for 2009. (2) She congratulated Cave Spring Elementary, Bent Mountain Elementary, Glenvar Elementary and Hidden Valley High School for receiving the Governor's Award for Educational Excellence. (3) She thanked all the students who participated in the Pre-Prom Fashion Show at Northside High School in support of Students Against Destructive Decisions, which encourages students to make constructive decisions on prom night. Supervisor Church: (1) He thanked Ms. Green for her assistance and the citizens of Garth Drive for their continued patience with the trash collection issues. He assured them that a solution would be worked out. (2) He thanked Mr. Covey and staff for working with Mr. Williams in Cherokee Hills. Supervisor Altizer: He asked Mr. Chambliss to set up a meeting with Mr. Burgess, Botetourt County Administrator, Supervisor Altzier and staff. IN RE: CLOSED MEETING At 4:17 p.m., Supervisor Altizer moved to go into closed meeting following ~$ February 10, 2009 the work sessions, pursuant to the Code of Virginia Section 2.2-3711.A.7 consultation with legal counsel and briefings by staff members regarding specific legal matters, namely, consideration of the industrial park, library and fire station agreements requiring the provision of legal advice by such counsel. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CLOSED MEETING The closed meeting was held from 4:33 p.m. to 4:53 p.m. IN RE: WORK SESSIONS Chairman Altizer requested that the work session, which was scheduled third be held first. 1. Work session to discuss the future of the Explore Park ro e John Chambliss, Coun Administrator) The work session was held from 4:57 p.m. until 5:17 p.m. Supervisor McNamara advised that he had requested the work session for an update on the status of Explore Park. Chairman Altizer advised that he spoke with Mr. Larry Vander Maten, President of Virginia Living Histories. He advised that Mr. Vander Maten will be attending a Board meeting, probably in April, to present a briefing on the status of the project. Chairman Altizer advised that Mr. Vander Maten is expected to show a video of February 10, 2009 109 the project plans. It was the consensus of the Board that the County should have a plan in place if Mr. Vander Maten's plan does not come to fruition. The Supervisors felt it would be best for the County to have a plan for passive recreation purposes. 2. Work session to rovide an update on the ICLEI program =Local Governments for Sustainability Anne Marie Green, Director of General Services The work session was held from 5:18 p.m. until 5:40 p.m. Ms. Green delivered a PowerPoint presentation concerning the ICLEI Program. She reported that on August 14, 2007, the Board voted unanimously to join ICLEI -Local Governments for Sustainability, which is a worldwide organization dedicated to helping local governments generate political and public awareness of environmental and sustainability issues and providing technical assistance, along with training and support, to realize tangible goals. She advised that ICLEI's CCP (Cities for Climate Protection) program consists of five milestones that include: (1) conducting a GHG (Greenhouse Gas) emissions inventory; (2) adopting an emissions reduction target; (3) developing a local action plan; (4) implementing policies and measures in the plan; and (5) monitoring and verifying results. She stated that action items will be requested for the February 24, 2009, meeting to approve the first three milestones. Ms. Green advised that the County's government operations account for less than one percent of the total emissions for Roanoke County. She stated that a goal 110 February 10, 2009 was set to reduce greenhouse emissions each year by three percent, with an overall goal of a 30 percent reduction by the year 2020. Ms. Green advised that the third milestone calls for the development of a local action plan through the creation of the Roanoke County Community Leaders Environmental Action Roundtable (RC-CLEAR). Members of the committee will be appointed by the Board and will be responsible for recommending actions for both the County and the Community to meet the target set in the second milestone. Ms. Green requested that each Supervisor appoint two individuals and she will place their names on the February 24, 2009, agenda for Board approval. The following appointments to the newly created RC-CLEAR committee were made at the work session: (1) Supervisor McNamara appointed Susie Fortenberry and Nell Boyle; (2) Supervisor Church appointed Tracy Garland; (3) Supervisor Moore appointed Mike Pedelty and Victor lannello; and (4) Ms. Green announced that Dan O'Donnell will be appointed to serve as the senior staff person for the planning group. 3. Work session for the Budget for Fiscal Year 2009-2010 John Chambliss, Coun Administrator; Brent Robertson, Director of Management and Bud et The work session was held from 5:40 p.m. until 5:51 p.m. Mr. Chambliss and Mr. Robertson provided information to the Board concerning the fiscal year 2009-2010 budget and requested direction from the Board. After discussion, the Board provided the following direction to staff: (1) there will be a February 10, 2009 111 public hearing on tax rates on March 10, 2009; (2) advertising will be published with the current rates of $1.09 for Real Estate, $3.50 for Personal Property and $3.00 for Machinery and Tools; (3) the public hearing and adoption of the tax rates will be scheduled for the same meeting; and (4) there will be a joint work session with the Planning Commission at 6:00 p.m. before the March 17 special meeting at 7:00 p.m. IN RE: CERTIFICATION RESOLUTION R-021009-5 At 5:51 p.m., Supervisor Flora moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 021009-5 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 member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. 112 February 10, 2009 On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Flora, Altizer NAYS: None IN RE: ADJOURNMENT Chairman Altizer adjourned the meeting at 5:51 p.m. Submitted by: Approved by: ~. ~, ~/ . Becky R. ador Michael W. Altizer Deputy Clerk to the Board Chairman