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HomeMy WebLinkAbout4/14/2009 - RegularApril 14, 2009 223 County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 April 14, 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 April 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, Charlotte A. Moore MEMBERS ABSENT: Supervisor Richard C. Flora STAFF PRESENT: B. Clayton Goodman, III, County Administrator; John M. Chambliss, Assistant County Administrator; Joseph B. Obenshain, Senior Assistant County Attorney; Dan O'Donnell, Assistant County Administrator; Becky R. Meador, Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Director IN RE: OPENING CEREMONIES The invocation was given by Reverend Dr. Louis M. Strickler, Woodlawn United Methodist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS 224 April 14, 2009 Mr. Obenshain requested the addition of a closed meeting 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 requiring the provision of legal advice by such counsel, namely, the firing range agreement. There was no objection to adding the closed meeting. IN RE: BRIEFINGS 1. Presentation of Coun budget for fiscal year 2009-2010 and Capital Improvement Program (CIP) for fiscal years 2010-2014. Clayton Goodman, III, Coun Administrator) Mr. Goodman advised that he was pleased to present the proposed budget for fiscal year 2009-2010. He stated that staff had worked well together while addressing the shortfalls in the current 2009 budget and preparing the proposed 2010 budget. He advised that with a few exceptions, which will be reviewed at a work session later, staff developed an annual fiscal plan that conformed to the guidelines established by the Board of no tax increases of any kind and minimizing the impacts on service levels. He stated that in order to accomplish these goals, staff focused on a combination of base budget reductions, reductions in personnel costs, reduced capital expenditures and no increases in employees' salaries or benefits. He stated that while they were able to balance the budget with the existing tax rates and fees, some of the actions taken to balance the budget should not be viewed as sustainable and will require attention in future budgets. Staff will begin working on the 2011 budget this summer instead of April 14, 2009 225 waiting for the normal budget cycle. Mr. Goodman stated that many state and local governments are expecting to benefit from the flow of federal funds into various programs and grants from the American Recovery and Reinvestment Act or the Federal Stimulus Package. Staff is currently reviewing the County's eligibility for funding streams related to the stimulus package to develop an action plan and bring that report back to the Board at a future date. He reported that the school budget situation has been helped by the State's stimulus package for 2010 and 2011, and that the County needs to start planning long- term for the 2012 budget. He advised that Mr. Robertson, Mr. Chambliss and other staff worked out the details of the budget and Mr. Robertson would brief the Board on the budget issues. Mr. Robertson advised that he would review briefly some of the highlights of the revenue and expenditure plans and conclude with the remaining steps in the budget development process for next year. The County and the Roanoke Valley have a diverse economic base that has been historically insulated from the national economy, and current economic conditions have caused declines in governmental revenue sources throughout the Roanoke region, including Roanoke County. The challenges of developing the fiscal year 2009-2010 budget started during the current fiscal year when deteriorating economic conditions signaled the need to amend the revenue projections. He stated that there was a potential revenue shortfall for the current year of $6.9 million, which was the result of projected declines in personal property taxes, sales taxes, 226 April 14, 2009 meals taxes, interest income, downward mid-year revisions of state revenues and real estate values that did not increase as much as staff anticipated. Mr. Robertson continued that the general government fund revenues for fiscal year 2009-2010 are projected to be $166.8 million, which is a decrease of $4.1 million from the current adopted budget. He advised that real estate taxes are projected to increase slightly in fiscal year 2010 due to new construction and assessment growth of just under four percent in calendar year 2009 and a projected two percent in calendar year 2010. Real estate revenue growth is projected at $1.5 million to a total of $87,700,000, which represents 53 percent of the general government revenue budget. Significant declines in new vehicle sales and deteriorating used vehicle values have caused a reduction in personal property values of just under $5 million. In addition, sales tax revenues and business license receipts are expected to remain flat; meals tax revenues are expected to decline by $200,000; and recordation and conveyance taxes will be reduced by $250,000. It is hoped that lower interest rates may generate some help in the area of refinancing and new home sales. Mr. Robertson noted that the County will receive an additional reimbursement from the State of more than $1 million for Social Service programs that are already in place, and staff will request in May that the Board appropriate $1 million for the current year programs, which will carry over into the 2010 year. In addition, the County expects to see reductions in State funding at under $700,000 as the result of reductions for law enforcement and the transfer of 19 emergency funded positions in the April 14, 2009 227 Sheriff's Office to the Western Virginia Regional Jail. Mr. Robertson advised that the decline of $4.1 million in revenue represents expenditure reductions of approximately 2.4 percent. The $6.9 million revenue shortfall for the current year was identified and action taken. The tactics used to balance the current year's budget include the following: (1) reducing departmental operating budgets by $1.8 million, (2) freezing vacant positions and deferring the hiring of essential positions for a savings of $1.4 million, (3) deferring or eliminating capital expenditures totaling $825,000, (4) reducing the school transfer for operating funds by $1 million and (5) utilizing the accumulated or unspent account balances of $1.65 million. Mr. Robertson advised that in addition to the mid-year budget reductions, there were other actions taken to mitigate spending and keep the budget in balance. A job bank was formed to review all requests to fill vacant positions and part-time hires and all positions remained vacant through the end of the fiscal year, with the exception of critical public safety and social services positions. In addition, restrictions were placed on travel and training, purchase limits were lowered to require departments to get approval for purchases over a set limit. These procedures will remain in effect through the 2010 year. Mr. Robertson noted that in developing the fiscal capital expenditure plan, it was necessary to reduce the operating budgets of most departments by approximately $2.7 million and, excluding personnel costs, these cuts represent an 228 April 14, 2009 average reduction of 20 to 25 percent of departmental operating costs, with the public safety agencies, police and fire being reduced by much smaller amounts, approximately 7 and 6 percent, respectively. The departments were instructed to minimize the impact of funding cuts on services to the citizens; however, there were some service reductions that impacted citizens. Departments submitted budgets that reduced 12 positions by eliminating existing vacant positions and not by lay-offs. The Department of Social Services' operating budget was not reduced since a large percentage of their budget is reimbursed from the state and federal governments for administration and mandated programs. The work load of the Social Services Department increases every day and their budget reflects a $1 million increase for client services related to mandated programs and increasing caseloads with a matching increase in state and federal revenues. Mr. Robertson advised that, while the task was to reduce the budget, there were some increases in the fiscal 2010 budget, primarily in the public safety area. He advised that $335,000 for six additional fire fighters for the Clearbrook Station was included in next year's budget and, due to the opening of the new North County Fire and Rescue Station at the end of the current fiscal year, funding of $385,000 for 14 positions was included and the other half-year funding was included in the fiscal year 2009-2010 budget in order to have that personnel hired, trained and ready for the opening of the station. Due to the opening of the Western Virginia Regional Jail, afull- year funding of $710,000 was included to cover the cost of housing County inmates at April 14, 2009 229 the new facility. He advised that in last year's budget, the Board approved half-year funding for a new patrol district, and in order to bring this year's budget into balance, those positions were not filled and eliminated from the fiscal year 2009-2010 proposed budget. Mr. Robertson stated that the proposed budget calls for reductions in some areas impacting services. The public libraries plan to alter their hours of operation, with all branches being closed on Wednesdays from 5:00 p.m. to 9:00 p.m. and the Route 419 Headquarters Library closed on Sundays. The Parks, Recreation and Tourism Department will eliminate two currently vacant positions. The hours of operation at Brambleton Center will be reduced and the Blue Ridge Visitors Center on the Parkway will open one month later. Youth sports will be reduced ten percent by saving funds for sports officials. The mowing and upkeep of the Virginia Department of Transportation (VDOT) medians has been eliminated. The Parks, Recreation and Tourism Department proposed closing the Craig Avenue Center in Vinton due to a decrease in use of that facility; however, a meeting was held at the Craig Center on April 6, 2009, and citizens asked that the facility remain open as a recreational center. Staff will work with the citizens to develop programs to generate renewed interest in the Craig Center. The center will remain open as a recreational center at this time. Mr. Robertson advised that the initial State budget estimates for Roanoke County Schools indicated a reduction of approximately $7 million, which would have resulted in initial projections of an increase in the school transfer of approximately $1.7 23~ April 14, 2009 million. The schools received notice that they would be receiving approximately $3.8 million in federal stimulus funding to offset State losses, and as a result of recalculating the funding formula with the schools, the County's transfer for school operation was reduced by $1.7 million, which generated a transfer of $60,453,357. The schools have adopted their budget with this transfer. The County also increased funding in the amount of $300,000 to continue the joint County and School capital program, which brings the County's annual allocation up to $1.7 million, and helps to fund major capital projects for the schools and County in alternating years. Mr. Robertson advised that during these difficult economic times, the County is still moving forward with much needed capital improvement projects and facility upgrades to provide continued services for the citizens. In fiscal year 2010, the following projects will be completed and begin serving the citizens: (1) The North County Fire Station is scheduled to open in August 2009. (2) The 800-megahertz public safety radio upgrade is scheduled to go live in October 2009. (3) The new County garage should open by July 2009. (4) The Green Ridge Recreation Center is scheduled to begin operations in January 2010. (5) Bids for the new South County Library came in higher than the original cost assessment and the project will be rebid in summer 2009. The estimated completion date for the new library is now scheduled for early 2011. Mr. Robertson commented that, while the County is getting ready to open new facilities, the current conditions have made it necessary to scale back funding of current initiatives and defer some projects. Funding in the amount of $450,000 for April 14, 2009 231 upgrades to the Glenvar Library has been deferred for future consideration. Funding has been reduced by $150,000 for ongoing site development at the Center for Research and Technology and $500,000 has been cut from the VDOT revenue sharing program. In addition, $500,000 in funding has been deferred by a year for both the ongoing renovations to the Roanoke County Salem Jail and the North County Business Park. The deferral of these payments is not expected to impact the outcome of these projects; however, these payments will need to be added back in the fiscal year 2010-2011 budget. In conclusion, Mr. Robertson stated the budget protects and maintains the County's core services that are most vital to citizens. However, demanding choices will still have to be made as the budget is implemented and planning begins for the fiscal year 2010-2011 budget. He stated that a public hearing on the proposed budget and the first reading of the appropriations ordinance will be held on May 12, 2009, and the second reading and final adoption will be on May 26, 2009. He stated that a work session has been scheduled later during this meeting to provide an opportunity for the Board to discuss the budget with staff. Each of the Board members expressed their appreciation to the staff for their hard work on the budget issues and for their ability to get the job done. Supervisor Church advised that, while he understands the budgets cuts were necessary, the focus should now be on upgrading the Glenvar and Mount Pleasant Libraries to provide basic core services to the citizens in those areas. 232 April 14, 2009 Chairman Altizer recognized Dr. Lorraine Lange, School Superintendent, and Drew Barrineau, Chairman of the School Board, who were present, and thanked them for their partnership in the budget process. IN RE PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring April 12 through 18" 2009, as National Public Safety Telecommunicators Week in Roanoke Coun Chairman Altizer presented the proclamation to John Chambliss, Assistant County Administrator; and Pat Shumate, Chief Communications Officer. Mr. Chambliss expressed appreciation on behalf of Elaine Carver, Chief Information Officer, for recognizing the County's communications officers. He advised that the dispatchers/telecommunications officers at the Emergency Communications Center (EOC) deal with 9-1-1 calls from agitated, excited or distressed people, and use their calming presence and knowledge of the protocols used by the police, fire and rescue agencies to talk people through delicate situations. Telecommunications officers also work with neighboring communities through the County's mutual aid agreements when emergency situations occur. They redirect non-emergency telephone calls to provide services to the citizens. He requested that Mr. Shumate introduce the representatives who were present from the Emergency Communications Center. Mr. Shumate introduced Emily Totten, Communications Training Officer; Pam Carbahal, Communication Officer II; Aleta Coleman, Lead Communication Officer; and April Payne, Communication Officer III; and expressed appreciation for the April 14, 2009 233 recognition on behalf of all communications officers. Mr. Shumate advised that they are working on a pictometry project, which will provide oblique photographs of the Roanoke Valley to assist public safety and other County departments. They are also making improvements to the County maps to aid in the location technology for cellular 9-1-1. They have partnered with Arnold Burton Technology Center on a pilot project for an internship to bring high school seniors to the EOC to explore professional abilities and opportunities. They are currently undergoing the preliminary work to become an accredited agency, which entails drafting and printing many of the policies that govern their operations. 2. Resolution of appreciation to the Coffee Pot Ladies Auxiliary for 15 nears of caring for the triangle ag rden at the corner of Brambleton Avenue and Route 419 R-041409-1 Chairman Altizer presented the resolution and certificates of recognition to the members of the Coffee Pot Ladies Auxiliary who were present, including County employees Sheila Rose Dooley and Jan Killgore. Mr. Carroll Bell, owner of the Coffee Pot, advised that the project, which originally started out as a fun project for the Coffee Pot Ladies Auxiliary, developed into a source of civic pride for the auxiliary, the businesses in the Brambleton Corridor and the citizens. Supervisor Moore moved to adopt the resolution. The motion carried by the following recorded vote: 2 34 Apri 114, 2009 AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora RESOLUTION 041409-1 OF APPRECIATION TO THE COFFEE POT LADIES AUXILIARY FOR 15 YEARS OF CARING FOR THE TRIANGLE GARDEN AT THE CORNER OF BRAMBLTON AVENUE AND ROUTE 419 WHEREAS, in 1993 several friends formed the Ladies Auxiliary of the Coffee Pot, a historic roadhouse restaurant built in 1936 and located on Brambleton Avenue, in the city of Roanoke; and WHEREAS, the members of the auxiliary are dedicated to community service and have a great appreciation for the environment; and WHEREAS, the members of the auxiliary partnered with Roanoke County to maintain and beautify the triangle garden located in the County at the corner of Brambleton Avenue and Route 419; and WHEREAS, the members of the auxiliary have diligently taken care of the triangle garden for the past 15 years; and WHEREAS, the Board of Supervisors wishes to thank the ladies auxiliary for being an outstanding partner and providing invaluable assistance to maintain and beautify County surroundings. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere appreciation to the members of the COFFEE POT LADIES AUXILIARY: DIANN BATSMAN, DEBORAH H. BOWMAN, SHELIA R. DOOLEY, JANIS ERASER, SHARON GUTHRIE, EMMALEE HALL, JENNIE HAZELGROVE, ANGELA JAMISON, JANET H. KILLGORE, DIANE OBER, SEDONA PATTERSON, LYNN SPIRES, and SHARON D. THEEDE for their many years of commitment and devotion to the beautification of our community; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the ladies in their future endeavors. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora „' April 14, 2009 235 IN RE: PUBLIC HEARING 1. Public hearing to receive citizen comments regarding recommendations of the Roanoke Coun Bonding Committee regardinq Mason's Crest Subdivision. Jose h Obenshain, Senior Assistant County Attorney; Tarek Moneir, De u Director of Development Services Mr. Obenshain advised that this is the first of two related items on the agenda, which involve bonds or letters of credits that were given for the County's security by various developers. He advised that the first issue involves Mason's Crest Subdivision located near the Blue Ridge Parkway off of Merriman Road and developed by Radford and Company in 2004. The developer signed an erosion sediment control agreement with the County with a bond of approximately $103,000 and a land subdivider's agreement with a bond of approximately $937,000. A substantial amount of work has been done and various amounts have been released from the letters of credit with Salem Bank and Trust, which is now StellarOne Bank. However, there are still items that need to be completed to accomplish the requirements for the subdivision. He advised that Mr. Moneir would provide details about the specific work that needs to be done. Mr. Obenshain advised that there were numerous efforts made to contact the developer. The County's Bonding Committee met on February 19, 2009, made a recommendation in accordance with the County's bonding policy and notice was sent by 236 April 14, 2009 certified letters to Radford and Company and to the bank giving them the opportunity to appear at this meeting to address the Board. He advised that staff is requesting that the public hearing be held and -that the Board adopt two resolutions, which declare the developer is in default and allow the County to proceed to collect the amounts secured by the letters of credit. Mr. Moneir advised that the letter attached to the Board report from Community Development to the developer outlines the three major items to be addressed as follows: (1) remaining top coat of asphalt needed to be put down on Mason's Crest Trail, (2) existing sediment basin needs to be adjusted or changed to a stormwater management facility and (3) areas draining to all of the erosion and sediment control traps and basins are not completely stabilized and need to be cleaned up. He stated that it is hoped that the funds available will cover the cost of completing these three items. In response to Chairman Altizer's inquiry, Mr. Obenshain advised that one public hearing would be sufficient for the Mason's Crest agenda items A and B. Mr. Obenshain pointed out that staff was requesting Board approval of two resolutions since there were two letters of credit. Mr. Moneir advised that the funds should be sufficient to cover the costs of completing the three items based on the estimate that was provided earlier, plus approximately 15 percent contingency. After the appropriate actions have been taken and the funds received, the County will advertise for bids to fix the major items and if April 14, 2009 237 1 additional funds are needed, other methods will be pursued with the developers. Mr. Obenshain stated that once the bond is revoked, the County will have control of getting the items completed. Supervisor Altizer questioned if the County could keep any funds remaining after completion of the necessary items. Mr. Obenshain responded that if some funds remain, a portion of those funds might be returned to the developer after taking the County's expenses into consideration. Arnold Covey, Director of Community Development, explained that having gone through this process before, he knows that the County can charge administration fees for completion of the contract and overseeing the inspections. There were no citizens to speak on these items. Supervisor Altizer moved to adopt the resolutions as Agenda Item E.1.a and E.1.b. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Supervisors Moore, Church, McNamara, Altizer None Supervisor Flora a. Recommendation regarding the Developer's Erosion and Sediment Control Agreement; and 1 R-041409-2 23$ April 14, 2009 RESOLUTION 041409-2 APPROVING AND ADOPTING THE RECOMMENDATION OF THE ROANOKE COUNTY BONDING COMMITTEE TO DECLARE THE DEVELOPER OF MASON'S CREST SUBDIVISION TO BE IN DEFAULT AND TO AUTHORIZE OFFICIALS OF ROANOKE COUNTY TO EXERCISE ITS RIGHTS UNDER THE DEVELOPER'S EROSION AND SEDIMENT CONTROL AGREEMENT AND THE ACCOMPANYING IRREVOCABLE LETTER OF CREDIT WHEREAS, Radford & Company, a Virginia corporation (hereafter "Radford"), as developers of Mason's Crest Subdivision (hereafter "Mason's Crest S/D") in the Cave Spring Magisterial District of Roanoke County, on or about June 23, 2004, entered into an Erosion and Sediment Control Agreement (hereafter "E & S Agreement") with the County of Roanoke and provided an irrevocable Letter of Credit issued by Salem Bank & Trust, now StellarOne Bank (hereafter "StellarOne"), to insure the construction and maintenance of certain erosion and sediment control facilities in connection with the development of Mason's Crest S/D; and WHEREAS, Radford has partially complied with its legal responsibilities under the aforesaid E & S Agreement and Roanoke County officials have authorized a partial release of their Letter of Credit but a balance of $51,918.00 remains on deposit with StellarOne to secure the completion of the requirement under this agreement; and WHEREAS, the remaining tasks to be performed to comply with Radford's E & S Agreement include the conversion of an existing sediment basis adjacent to the Mountain Spring Trial into a stormwater management facility with a fully stabilized draining area and stabilization of the areas draining into all of the erosion and sediment traps and basins with adequate seeding and removal of temporary erosion and sediment control measures upon successful full stabilization; and WHEREAS, representatives of the Roanoke County Department of Community Development have met on several occasions with Radford to discuss the status of compliance with the E & S Agreement and finally mailed a letter to Radford, dated February 17, 2009, requiring a response by March 2, 2009 and documentation of steps to complete their responsibilities, but no response has been received from Radford or StellarOne as of this date; and WHEREAS, the Bonding Committee for Roanoke County meeting on February 19, 2009, at the Roanoke County Administration Center considered the documentation as to the status of this subdivision project and the contacts with Radford to secure compliance and voted to recommend that the developer be declared in default and that the County take all necessary actions to collect the outstanding bonded proceeds; and WHEREAS, a public hearing was held by the Board of Supervisors on this 14t" day of April, 2009, to consider the recommendation of the Bonding Committee and to accept testimony and proposals from Radford and StellarOne. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: April 14, 2009 239 1 1. That Radford & Company is legally bound unto the Board of Supervisors of the County of Roanoke, Virginia, in accordance with the Erosion and Sediment Control Agreement dated June 23, 2004, for the construction and maintenance of certain control measures in accordance with the plans for Mason's Crest subdivision dated May 28, 2004 and all subsequent revisions thereof as approved by the County of Roanoke. 2. That Radford & Company has failed to substantially complete the erosion and sediment control facilities and measures as required by the aforesaid Agreement and that the anticipated cost for completion of said facilities and measures equals or exceeds the sum of Fifty-two Thousand Dollars ($52,000.00). 3. That authorized representatives of Roanoke County have attempted without success to obtain a response or agreement from Radford & Company for the completion of its legal obligations to the County and the public under the aforesaid Agreement. 4. That the Bonding Committee for Roanoke County has recommended that Radford & Company be declared in default under the terms of its Erosion and Sediment Control Agreement dated June 23, 2004 and that Roanoke County exercise its legal rights and responsibilities to obtain the remaining bonded indebtedness being held for the County's benefit. 5. That Radford & Company is hereby determined to be in default for its failure to substantially and adequately complete the requirements imposed upon it by the aforesaid Erosion and Sediment Control Agreement. 6. That StellarOne Bank, the successor in interest to Salem Bank & Trust, has issued an Irrevocable Standby Letter of Credit, dated July 6, 2004, Letter of Credit Number 183, on behalf of Radford & Company for Mason's Crest, Project Number 04-SB-00012, on which the remaining balance is Fifty-one Thousand, Nine Hundred Eighteen Dollars ($51,918.00). 7. That the officials and staff of Roanoke County are hereby authorized, on behalf of the Board of Supervisors of Roanoke County, Virginia, to draw upon the aforesaid Irrevocable Standby Letter of Credit, dated July 6, 2004, Letter of Credit Number 183, for all funds secured thereby for the County of Roanoke as "BENEFICIARY" and to take all actions, legal or otherwise, to enforce the legal rights and responsibilities of the Board of Supervisors in connection with the development of Mason's Crest Subdivision by Radford & Company. 8. That the County Administrator, the Director of the Department of Community Development, his staff and agents, and the Office of the County Attorney are hereby authorized to take such action, including the initiation and pursuit of such legal proceedings, as may be necessary to fully assert and defend the rights and obligations of Roanoke County in this regard. 9. This Resolution shall be in full force and effect from the date of its adoption. 24~ April 14, 2009 On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora b. Recommendation regarding the Developer's Land Subdivider's Agreement. R-041409-3 RESOLUTION 041409-3 APPROVING AND ADOPTING THE RECOMMENDATION OF THE ROANOKE COUNTY BONDING COMMITTEE TO DECLARE THE DEVELOPER OF MASON'S CREST SUBDIVISION TO BE IN DEFAULT AND TO AUTHORIZE OFFICIALS OF ROANOKE COUNTY TO EXERCISE ITS RIGHTS UNDER THE DEVELOPER'S LAND SUBDIVIDER'S AGREEMENT AND THE ACCOMPANYING IRREVOCABLE LETTER OF CREDIT WHEREAS, Radford & Company, a Virginia corporation (hereafter "Radford"), as developers of Mason's Crest Subdivision (hereafter "Mason's Crest S/D") in the Cave Spring Magisterial District of Roanoke County, on or about July 13, 2005, entered into a Land Subdivider's Agreement (hereafter "Subdivider's Agreement") with the County of Roanoke and provided an Irrevocable Letter of Credit issued by Salem Bank & Trust, now StellarOne Bank (hereafter "StellarOne"), to insure the construction of certain physical improvements to the land in connection with the development of Mason's Crest S/D; and WHEREAS, Radford has partially complied with its legal responsibilities under the aforesaid Subdivider's Agreement and Roanoke County officials have authorized a partial release of their Letter of Credit but a balance of $57,156.00 remains on deposit with StellarOne to secure the completion of the requirement under this agreement; and WHEREAS, the remaining tasks to be performed to comply with Radford's Subdivider's Agreement include a top coat of asphalt to Mason's Crest Trail, a series of trails as shown on Radford's Master Development Plan for this subdivision and a circulation plan in accordance with the requirement of the Roanoke County Zoning Ordinance, Section 30-47-5; and WHEREAS, representatives of the Roanoke County Department of Community Development have met on several occasions with representatives of Radford to discuss the status of compliance with the Subdivider's Agreement and finally mailed a letter to Radford, dated February 17, 2009, requiring a response by March 2, 2009, and April 14, 2009 241 documentation of steps to complete their responsibilities, but no response has been received from Radford or StellarOne as of this date; and WHEREAS, the Bonding Committee for Roanoke County meeting on February 19, 2009, at the Roanoke County Administration Center considered the documentation as to the status of this subdivision project and the contacts with Radford to secure compliance and voted to recommend that the developer be declared in default and that the county take all necessary actions to collect the outstanding bonded proceeds; and WHEREAS, a public hearing was held by the Board of Supervisors on this 14tH day of April, 2009, to consider the recommendation of the Bonding Committee and to accept testimony and proposals from Radford and StellarOne. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 10. That Radford & Company is legally bound unto the Board of Supervisors of the County of Roanoke, Virginia, in accordance with the Land Subdivider's Agreement dated July 13, 2005, for the construction of certain physical improvements to the land in accordance with the plans for Mason's Crest, Section 1, subdivision, prepared by Lumsden Associates, PC, dated May 23, 2005, and all subsequent revisions thereof as approved by the County of Roanoke. 11. That Radford & Company has failed to substantially complete the physical improvements to the land as required by the aforesaid Agreement and that the anticipated cost for completion of said facilities and measures equals or exceeds the sum of Fifty-seven Thousand, One Hundred Fifty-six Dollars ($57,156.00). 12. That authorized representatives of Roanoke County have attempted without success to obtain a response or agreement from Radford & Company for the completion of its legal obligations to the County and the public under the aforesaid Agreement. 13. That the Bonding Committee for Roanoke County has recommended that Radford & Company be declared in default under the terms of its Land Subdivider's Agreement dated July 13, 2005, and that Roanoke County exercise its legal rights and responsibilities to obtain the remaining bonded indebtedness being held for the County's benefit. 14. That Radford & Company is hereby determined and declared to be in default for its failure to substantially and adequately complete the requirements imposed upon it by the aforesaid Land Subdivider's Agreement. 15. That StellarOne Bank, the successor in interest to Salem Bank & Trust, has issued an Irrevocable Standby Letter of Credit, dated July 18, 2005, Letter of Credit Number 246, on behalf of Radford & Company for Mason's Crest, Section 1, on which the remaining balance is Fifty-seven Thousand, One Hundred Fifty- six Dollars ($57,156.00). 16. That the officials and staff of Roanoke County are hereby authorized, on behalf of the Board of Supervisors of Roanoke County, Virginia, to draw upon the 242 April 14, 2009 aforesaid Irrevocable Standby Letter of Credit, dated July 18, 2005, Letter of Credit Number 246, for all funds secured thereby for the County of Roanoke as "BENEFICIARY" and to take all actions, legal or otherwise, to enforce the legal rights and responsibilities of the Board of Supervisors in connection with the development of Mason's Crest Subdivision by Radford & Company. 17. That the County Administrator,. the Director of the Department of Community Development, his staff and agents, and the Office of the County Attorney are hereby authorized to take such action, including the initiation and pursuit of such legal proceedings, as may be necessary to fully assert and defend the rights and obligations of Roanoke County in this regard. 18. This Resolution shall be in full force and effect from the date of its adoption. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora Mr. Obenshain inquired if Supervisor Altizer's motion included approval of Item C "authorize the staff to spend these funds for completion of the needed corrections or improvements of the subdivision" as part of his motion to adopt the resolutions as Items A and B. Mr. Obenshain advised that Item C was listed in the Board report as part of the staff recommendation to approve Alternative 1. Ms. Meador advised that the resolutions were listed as agenda Items A and B and that the staff recommendation in the Board report was to approve Items A, B, and C, which were part of Alternative 1. Mr. Obenshain suggested that another motion should be made to approve Item C. In response to Supervisor Altizer's inquiry as to how his motion should be clarified or counteracted, Supervisor Church advised that in the past, a supervisor voting on the affirmative side of a motion could make another motion on the same issue. April 14, 2009 243 There was no further discussion. A-041409-4 Supervisor McNamara moved to approve Item C. "authorize the staff to 1 spend these funds for completion of the needed corrections and improvements of this subdivision.", as provided for in the Board Report, Alternative 1. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora 2. Public hearing to receive citizen comments regardinq recommendations of the Roanoke Coun Bonding Committee regardinq Hidden Ridge Subdivision. Jose h Obenshain, Senior Assistant County Attorney; Tarek Moneir, De u Director of Development Services a. Recommendation regardinq the Developer's Erosion and Sediment Control Agreement; and b. Recommendation regardinq the Developer's Land Subdivider's Agreement. Mr. Obenshain advised that this is a bond revocation for Hidden Ridge C Subdivision, which was started in early 2001 by J.P. Turner Brothers, developers, which is off of Buck Mountain Road, southeast of the Blue Ridge Parkway. The developers 244 April 14, 2009 signed an erosion sediment control bond agreement with a $16,595 bond and a land subdivider's agreement with a $507,350 bond with Fidelity and Deposit Company of Maryland. There have been numerous contacts with the developer, beginning in 2006 with a letter that detailed a list of items that the Virginia Department of Transportation (VDOT) wanted completed to bring the roads into the State secondary roads system. Letters were also sent in 2008 and 2009. There was no response initially; however, staff has been in touch with the bonding company and provided them with information about the situation. Another meeting is planned with VDOT representatives since they reviewed the project three years ago. He advised that it is to the bonding company's economic interests that the work be completed, and it is staff's understanding that the bonding company may have some private personal indemnities from individuals involved with the development company. Mr. Obenshain stated that since public notice had been given, he was requesting that the Board hold the public hearing and postpone or defer action until at least May 12, 2009. At that time, staff will report back to the Board on any progress that has been made with the bonding company. There were no citizens to speak on these items. There was no discussion. Supervisor Altizer moved to delay action on Items E-2.A-B-C until May 12, 2009. The motion carried by the following recorded vote: April 14, 2009 245 AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora IN RE: NEW BUSINESS 1. Request to adopt the Roanoke County School Budget for the fiscal near 2009-2010. Drew Barrineau, School Board Chair; Lorraine Lange, School Superintendent; and Diane Hyatt, Chief Financial Officer A-041409-5 Ms. Hyatt advised that Penny Hodge, Assistant Superintendent of Finance for Roanoke County Schools, was unable to attend the meeting and she would present the School Board Budget for fiscal year 2009-2010. She advised that the budget had a decline of $5.7 million over the previous year covering all categories. According to State regulations, the School Board must submit their budget to the Board for approval and funds will be appropriated in May with the County budget. Dr. Lorraine Lange, School Superintendent, advised that this was a challenging budget year for everyone, and because of the cooperation between the Board of Supervisors and the School Board, their budget is ready to be adopted. The School Board will also begin working on their budget for next year since they know it will be yet another challenging year. She advised that they saved as many jobs as they could and are still trying to place several first-year teachers, which is due to a decline in 246 April 14, 2009 enrollment and not the RIF (reduction in force) policy. She expressed appreciation to the Board members for their cooperation. Drew Barrineau, Chairman of School Board, expressed his appreciation to the Board, and advised that this has been the most challenging year he has seen to adopt a budget. Considering the magnitude of the problems that they had to deal with, he feels this has been one of their finest moments and they have been able to keep all of their full-time employees and maintain the integrity of the classroom. He advised that they will start working on the fiscal year 2010-2011 budget at a work session next Tuesday. Supervisor McNamara expressed appreciation for a job well done and commented that this was another example of the County and school staffs working successfully together. Supervisor Church expressed appreciation to Dr. Lange, Mr. Barrineau and their staff for completing a tough budget process and for their cooperation with the County on the budget. Supervisor Altizer also expressed appreciation for the efforts of the School Board with the budget process. Supervisor McNamara moved to approve the staff recommendation (approve and adopt the school board budget for the 2009-2010 fiscal year). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora April 14, 2009 247 2. Request to approve the Roanoke Regional Airport Commission Budget for fiscal year 2009-2010. (Jacqueline Shuck, Executive Director, Roanoke Regional Air ort• Diane Hyatt, Chief Financial Officer R-041409-6 Ms. Hyatt advised that each year the Roanoke County Board of Supervisors and the Roanoke City Council must approve the airport's budget as part of their agreement with the Roanoke Regional Airport Commission. She advised that Ms. Shuck would present the budget, which was included with the Board's agenda. Ms. Shuck advised that their mission is similar to that expressed by the County, which was to maintain services while not increasing rates and charges paid by the airlines, the tenants at the airport and passengers. This budget year was challenging, especially with a decrease in passengers; however, they succeeded in decreasing the expense budget by approximately 13 percent. Currently there are 71 positions funded with only 67 filled, and they expect by the end of the first quarter of the new fiscal year to be down to 63 personnel through retirements. They do not have a hiring freeze and are reviewing personnel needs position-by-position with no increase in salaries included in the budget. When it was discovered that they were paying a higher interest rate on bonds, they decided to buy the terminal early in July to pay off those bonds and decrease the interest expense amounts in the future. She advised that revenues are down, due in part to losing the Cincinnati service in the fall as a result of 248 April 14, 2009 Delta's decision to remove that hub. They also lost DHL service in the cargo area because DHL decided it was going to remain in the International arena and was no longer interested in carrying cargo domestically. Delta and Northwest Airlines merged and since they needed less space, terminal rent revenues were reduced. There has also been a decrease in parking lot revenues due to the decrease in passengers. She advised that the budget is balanced and they are looking forward to coming back to the Board when they can add and not decrease staff. Supervisors Church and Altizer expressed appreciation to Ms. Shuck for her efforts. Supervisor Moore moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora 3. Request to approve the Roanoke Va11ey Resource Authority R( VRA) Budget for fiscal year 2009-2010. Dan Miles, Chief Executive Officer; Diane Hyatt, Chief Financial Officer R-041409-7 Ms. Hyatt advised that on March 25, 2009, the Roanoke Valley Resource Authority adopted their operating budget for fiscal year 2009-2010 and, as specified in the Members' Use Agreement, the County must approve the budget. The budget totaled April 14, 2009 24g $10,410,000, which was a 0.3 percent increase from the current year. The tipping fees will remain the same for the County. There is an increase in the rates for commercial wood/mulch sales and a revision to the rate for tire disposals, which will actually result in a slight decrease. The County receives a $300,000 municipal fee from the Resource Authority and $49,500 for providing accounting services. She advised that both of these fees will continue and are included in the County's fiscal year 2009-2010 budget. Mr. Miles advised that the 0.3 percent increase in their budget is due to two primary factors and otherwise there would be a decrease in their budget. The first factor was a $100,000 increase in the closure fund contribution for the Smith Gap Landfill. The second factor was the additional cost of $100,000 because they are assuming the responsibilities for the region's Household Hazardous Waste Disposal Program with a new program effective July 1, 2009. They will increase the frequency of these events from 3 to 12 per year to be held on the third Saturday of each month beginning July 18, 2009. He advised that he would be glad to answer questions. Supervisor Church expressed appreciation to Mr. Miles and staff for increasing the closure funds and looking out for the community. He inquired if the RVRA was looking to the City of Salem for future collaboration. Mr. Miles responded that this was always a future possibility. Supervisor McNamara advised that this was a good budget for a critically important area. He advised that when looking at expanding participation, he would hope that they look at current market value and tipping fees as opposed to becoming equal partners. 2rJ~ April 14, 2009 Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora 4. Request to approve the Roanoke Valley Television R~ VTV) Budget for fiscal year 2009-2010. Elaine Bays, Cable Access Director A-041409-8 Ms. Bays advised that Roanoke County, the City of Roanoke and the Town of Vinton jointly operate Roanoke Valley Television RVTV Channel 3. The initial equipment and facility for the television studio were funded with a capital grant through Cox Communications. The station is located in the Jefferson Center and they currently have five full-time staff members as follows: Preston Seaman, Lacy Stinnett, Howard Swank, George Warner and Elaine Bays, Cable Access Director. Ms. Bays advised that the staff produces original video productions, monthly television shows and covers live government meetings. They also produce shows for the school systems. Programming is cable cast on Cox Communications Channel 3 and Comcast Channel 3 in West County. RVTV is governed by the Roanoke Regional Cable Television Committee, which includes representatives from Roanoke City, Roanoke County and the Town of Vinton. She advised that Supervisor Altizer serves as the Board's representative; Dan O'Donnell was appointed as the County's April 14, 2009 251 representative; and David Jones was appointed as the County's member at large. Ms. Bays continued that the operational budget for RVTV is provided by the three governments based on the proportion of Cox customers located in each jurisdiction. For this current year, Roanoke County's share of the cable budget is 44 percent, which is a 3 percent decrease from the previous year. The RVTV staff is included in the County's payroll and benefit system. She provided a recap of RVTV's activities for the previous year and advised that the Board was provided with a list of those activities with their agenda. Ms. Bays stated the fiscal year 2009-2010 budget request is $359,411. The Cable TV Committee voted to reduce the current 2008-2009 operating budget by 10 percent and use that reduced amount of $318,390 as the amount to request from the member localities. This reduction is being funded by the RVTV rollover account and represents unused funds from the operating budgets since 1991. The year-end rollover account has a current balance of $157,437, and the reduced RVTV budget is $318,390 of which Roanoke County's share is 44 percent or $140,091. The reduced budget is $26,179 less than last year's budget. The total Virginia Communications Sales and Use Tax revenue paid by Cox Communications to Roanoke County last year was $998,579. She advised that it was the recommendation of the Cable TV Committee to approve the 2009-2010 budget, and she would be glad to answer questions. Supervisor Altizer advised that the reduction in the County's share helped with the budget this year. He expressed appreciation to everyone at RVTV for their 252 April 14, 2009 efforts and noted that the Board meetings were watched by many citizens. Supervisor Church also expressed appreciation to the RVTV staff for the excellent job they have done in the past and continue to do. Supervisor Altizer moved to approve the staff recommendation (adopt the fiscal year 2009-2010 operating budget). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora 5. Rectuest to approve and appropriate funds in the amount of 24 900 for the June 9 2009 Primaries. J( udy Stokes, General Registrar) A-041409-9 Ms. Stokes advised that Warren Campbell, Vice-Chairman of the Roanoke County Electoral Board, was present. Ms. Stokes stated that the State Board of Elections has issued orders for dual primaries to be held on June 9, 2009. The Democratic Primary order includes the offices of Governor, Lieutenant Governor, Attorney General and Delegates in the 11tH and 17tH House Districts. The Republican Primary order includes the offices of Delegates in the Stn, 11tH and 17tH House Districts and Supervisor in the Windsor Hills Magisterial District. She requested an appropriation of $24,900 to the Election Budget to 1 1 1 April 14, 2009 253 cover the costs of conducting these primary elections. She stated that no reimbursement will be made by the State; however, any filing fees paid to the County by the candidates will be credited to the County for election costs. She advised that she would be glad to answer questions. Supervisor Church expressed appreciation to Ms. Stokes, Mr. Campbell and staff for their efforts. Supervisor McNamara moved to approve the staff recommendation (appropriate funds in the amount of $24,900 from the Board Contingency Fund for the June 9, 2009 Primaries). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora 6. Request to approve the health insurance plan and rates for County and Schools for fiscal year 2009-2010. Rebecca E. Owens, Director of Finance A-041409-10 Ms. Owens advised that she was pleased to bring for approval the health insurance plan and rates for fiscal year 2009-2010. The County of Roanoke and Roanoke County Schools participate in aself-funded joint health insurance program administered by Anthem. The health plan rates will remain unchanged for fiscal year 2009-2010 based on good claims experience. Several legislative initiatives highlighted 254 April 14, 2009 by Anthem will become effective July 1, 2009, and include additional well baby checkup at 30 months of age in accordance with guidelines set by the American Academy of Pediatrics, prescription drug retail supply limits changing from 31 days to 30 days, requiring mandatory generic cost sharing and colonoscopies to remove polyps will be paid as a preventive measure and not as a medical service. Ms. Owens stated that an additional change recommended by the County's insurance consultant and reviewed by staff was to increase the aggregate stop loss effective July 1, 2009. The County's health plan is self-funded with reinsurance coverage to protect financial risks. Reinsurance is composed of two elements; specific and aggregate stop loss. The specific stop loss threshold is $200,000 and protects the plan from catastrophic claims paid, and no changes are recommended for this reinsurance. The aggregate stop loss is reinsurance that protects the total finance or liability assumed for the plan above the expected level. Historically, the County's claims have been below the expected level and the likelihood of claims exceeding the maximum is less than 1 percent. The recommendation was to increase the aggregate stop loss from 110 to 115 percent. This change would reduce the reinsurance premium by approximately $216,000 and would not subject the County or the schools to any increased exposure. Anthem will once again honor their commitment to wellness and partner with the County and the schools for $50,000 in the 2009-2010 policy year. Ms. Owens advised that staff is recommending approval of the health insurance plan and rates for fiscal year 2009-2010, and she would be glad to answer questions. April 14, 2009 255 There was no discussion. Supervisor Altizer moved to approve the staff recommendation (approve the health insurance plan and rates with Anthem for fiscal year 2009-2010). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora 7. Request to approve the dental insurance Ian and rates for Coun and Schools for fiscal year 2009-2010. Rebecca E. Owens, Director of Finance A-041409-11 Ms. Owens advised that she is pleased to bring for approval the dental rates for fiscal year 2009-2010. The County of Roanoke and Roanoke County Schools participate in the joint purchase of dental coverage for all eligible employees and retirees through the Roanoke Valley Regional Healthcare Consortium. Delta Dental presented a renewal indicating a 3.8 percent increase in premium rates based on the actual claims experience of Consortium participants. This increase is under the 5 percent rate cap negotiated in last year's market study. Employee rates will not change and dental reserves will be used to cover the increase in premium for fiscal year 2009- 2010. Ms. Owens stated that staff is recommending approval of the dental plan and rates for fiscal year 2009-2010 and she would be happy to answer questions. 256 April 14, 2009 There was no discussion. Supervisor Church moved to approve the staff recommendation (approve the dental insurance plan and rates for fiscal year 2009-2010). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance establishing a trust for the purpose of accumulating and investing assets to fund post-employment benefits other than pensions. Diane Hyatt, Chief Financial Officer Ms. Hyatt advised that in May 2008 the Board approved changes to the retiree health insurance benefits in order to help reduce the financial impact as a result of GASB 45. In October 2008, a work session was held explaining that investing these contributions in a trust could further minimize the cost, and staff recommended waiting until the General Assembly determined if Virginia Retirement System (VRS) would be a vehicle for investing these funds; however, that did not work out during the General Assembly. Ms. Hyatt stated that it is staff's recommendation for the County to join the Virginia Association of Counties/Virginia Municipal League (VACo/VML) Other Post- 1 1 --~ April 14, 2009 257 Employment Benefits (OPEB) Pooled Trust. It is the only pooled trust in Virginia and it offers the advantage of the economies of sale and cost sharing for the professional services that are involved. The trust currently has $80.5 million in assets and there is an attachment to the Board report showing the localities and the other school districts in Virginia that are already part of this pooled trust. Ms. Hyatt advised that in order to join the trust, the Board must adopt an ordinance to form a local finance board to serve as trustee and authorize that board to execute a contract with the trust. The local finance board would meet quarterly to monitor the performance the investments, review the actuarial reports and make sure that the plan is adequately funded. She advised that staff is recommending in the ordinance that the local finance board be comprised of the following individuals; Kevin Hutchins, Treasurer; Rebecca Owens, Director of Finance; Paul Mahoney, County Attorney; and Diane Hyatt, Chief Financial Officer. Ms. Hyatt commented that the ordinance also allows at some time in the future for the School Board or the Roanoke Valley Resource Authority to join the trust with a separate account; however, at this time they will not need to join the trust because their contributions are very minimal. Once the trust is established, a deposit of $985,331 will need to be made to the account, which represents the County's computed liability for fiscal years 2007-2008 and 2008-2009. This deposit will have to be made by June 30, 2009, in order to qualify for the fiscal year on the County's financial statements. These amounts have already been appropriated in those respective years 258 April 14, 2009 and in future years, deposits will be made each year. She advised that the second reading and public hearing of the ordinance will be held on April 28, 2009, and staff is recommending approval of the first reading of this ordinance. She advised that she would be glad to answer questions. There was no discussion. Supervisor Altizer moved to approve the first reading and set the second reading and public hearing for April 28, 2009, at 3:00 p.m. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora 3. First reading of an ordinance authorizing conveyance of an easement to Western Vir inia Water Authority for a water line across property owned ~ the Board of Supervisors at the Roanoke County Fleet Services Building, Hollins Magisterial District. Jose h Obenshain, Senior Assistant County Attorne Mr. Obenshain advised that this item is to request approval of a water line easement to the Western Virginia Water Authority to allow service to the County Fleet Services Building. He advised that a plat of the property was included with the agenda and he would be glad to answer questions. There was no discussion. 1 J n April 14, 2009 2rJg Supervisor Moore moved to approve the first reading and set the second reading for April 28, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora 4. First reading of an ordinance authorizinct conveyance of an easement to Appalachian Power Company (AEP) for electrical service to a residence on Westward Lake Drive, a paper street, in the Catawba Magisterial District. Jose h Obenshain, Senior 1 Assistant County Attorne Mr. Obenshain advised that this is a request from Appalachian Power J Company (AEP) to convey an easement to provide service to a new residence located on Westward Lake Drive. This street is part of a platted subdivision but has never been taken into the State Secondary Road System and remains a paper street under the control of Roanoke County. AEP has requested that the County convey to them a right- of-way and easement for an underground utility location. Mr. Obenshain noted, in accordance with previous County practice, should the street ever be upgraded with rural addition or other funds that become available, AEP would have to move their easement out of the right of way. He requested that the Board approve the first reading of the ordinance to grant the easement. There was no discussion. 260 April 14, 2009 Supervisor Church moved to approve the first reading and set the second reading for April 28, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora IN RE: APPOINTMENTS 1. Library Board (appointed ~ District Supervisor Church appointed Dianna Beamer to represent the Catawba Magisterial District. Confirmation of this appointment was placed on the Consent Agenda. 2. Roanoke Count Community Leaders Environmental Action Roundtable (RC-CLEAR) for the ICLEI Program (appointed District Supervisor Flora appointed Renee Godard and Bryan Pittenger to represent the Hollins Magisterial District. Confirmation of these appointments was placed on the Consent Agenda. Supervisor Altizer appointed Janet Scheid to represent the Vinton Magisterial District. Confirmation of this appointment was placed on the Consent Agenda. 1 1 April 14, 2009 261 IN RE: CONSENT AGENDA R-041409-12; R-041409-12.a; R-041409-12.d; R-041409-12.f Supervisor McNamara moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora RESOLUTION 041409-12 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for April 14, 2009 designated as Item J -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1-7, as follows: 1. Approval of minutes -January 13, 2009; January 21, 2009 2. Resolution of appreciation to Patricia S. Brown, Information Technology Department, upon her retirement after nineteen years of service 3. Request from the schools to accept and appropriate grant funds in the amount of $10,503.64 for the Mentor Teacher Program 4. Confirmation of committee appointments to the Roanoke County Community Leaders Environmental Action Roundtable (RC-CLEAR) for the ICLEI Program 5. Acceptance of Westshire Court into the Virginia Department of Transportation Secondary System 6. Acceptance and appropriation of a Five Star Restoration Matching Grant from the National Association of Counties, National Fish and Wildlife Foundation, and the Wildlife Habitat Council in the amount of $10,000 to help finance the Taylor Tract Park Wetland Restoration/Enhancement Project 7. Resolution authorizing recordation of a deed restriction designating certain reserve areas for purposes of preservation and use as open-space land for stormwater detention, flood drainage and conservation reserve on property 262 April 14, 2009 owned by the Board of Supervisors at the Roanoke County Fleet Services Building, Hollins Magisterial District 8. Confirmation of Committee Appointments 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora RESOLUTION 041409-12.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO PATRICIA S. BROWN, INFORMATION TECHNOLOGY DEPARTMENT, UPON HER RETIREMENT AFTER NINETEEN YEARS OF SERVICE WHEREAS, Patricia S. Brown was employed by Roanoke County on July 24, 1989; and WHEREAS, Ms. Brown retired on April 1, 2009, as a Programmer in the Information Technology Department after nineteen years and eight months of service to Roanoke County; and WHEREAS, Ms. Brown provided crucial assistance for programming tasks of maintenance projects and for major projects such as Y2K and the HP Migration, and her in-depth knowledge of COBOL programming methods and research for programming business logic have been invaluable assets to the department; and WHEREAS, Ms. Brown played an active role on several Information Technology development teams, including the Application Services team, participating in technical and task reviews while providing a welcomed sense of humor and positive attitude; and WHEREAS, Ms. Brown, 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 PATRICIA S. BROWN for more than nineteen 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. 1 April 14, 2009 263 On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora RESOLUTION 041409-12.d REQUESTING ACCEPTANCE OF WESTSHIRE COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Recorded Vote: Moved by: Supervisor McNamara Seconded by: None Required Yeas: Supervisors Moore. Church, McNamara, Altizer Nays: None Absent: Supervisor Flora RESOLUTION 041409-12.f AUTHORIZING RECORDATION OF A DEED RESTRICTION DESIGNATING CERTAIN RESERVE AREAS FOR PURPOSES OF PRESERVATION AND USE AS OPEN-SPACE LAND FOR STORMWATER DETENTION, FLOOD DRAINAGE AND CONSERVATION RESERVE ON PROPERTY OWNED BY THE BOARD OF SUPERVISORS AT THE ROANOKE COUNTY FLEET SERVICES BUILDING, HOLLINS MAGISTERIAL DISTRICT 264 April 14, 2009 WHEREAS, Roanoke County is in the process of constructing a Fleet Services Building located on Hollins Road; and WHEREAS, the County of Roanoke desires to permanently designate and restrict the use of portions of its property, identified as Tax Map # 39.05-02-04, as necessary for the completion of the County's Fleet Services Center as shown on the plats entitled "PLAT SHOWING RESERVE AREAS AND WATERLINE EASEMENT FOR TRACT 1 (9.179 AC.) (PLAT INSTRUMENT #200802243) PROPERTY OF BOARD OF SUPERVISORS ROANOKE COUNTY, VIRGINIA, SITUATED ALONG HOLLINS ROAD, HOLLINS MAGISTERIAL DISTRICT, ROANOKE, VIRGINIA", prepared by Lumsden Associates, P.C., dated April 18, 2008; and WHEREAS, the proposed designation of certain reserve areas for purposes of stormwater detention, access and maintenance, flood drainage and conservation will serve the interests of the public and is necessary for the public health, safety, and welfare of the citizens of Roanoke County. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 10.1-1701 of the Code of Virginia, the County of Roanoke, as a public body defined in Section 10.1-1700 of said Code, may acquire and designate property to be retained for use as open-space and for the preservation of such real estate. A reading of this resolution was held on April 14, 2009. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be restricted and preserved for public uses shall be permanently reserved and dedicated in connection with the construction of Roanoke County's Fleet Services Building. 3. That the recordation of a permanent deed restriction for purposes of designating and setting apart a stormwater access and maintenance reserve area, a flood drainage reserve area and conservation reserve areas, # 1 and # 2, as the reserve areas designated on the above-mentioned map, on the County's property (Tax Map No. 39.05-2-4) adjacent to the Fleet Services Building, is hereby authorized and approved. 4. That the Chairman of the Board of Supervisors is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora April 14, 2009 265 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, McNamara, Altizer NAYS: None ABSENT Supervisor Flora 1. General Fund Unappropriated Balance 2. Capital Reserves 1 3. Reserve for Board Contingency 4. Statement of the Treasurer's Accountability der Investment and Portfolio Policy as of March 31' 2009 5. Proclamations signed ~ the chairman IN RE: CLOSED MEETING At 4:39 p.m., Supervisor Altizer moved to go into closed meeting following 1 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 requiring the provision of legal advice by such counsel, namely, the firing range agreement. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora 266 April 14, 2009 IN RE: CLOSED MEETING The closed meeting was held from 4:58 p.m. to 5:38 p.m. IN RE: WORK SESSIONS 1. Work session for the Budget for fiscal near 2009-2010. ,(B. Clayton Goodman, III, Coun Administrator; Brent Robertson, Director of Management and Bud et The work session was held from 5:44 p.m. to 5:52 p.m. The main purpose of this work session was to ensure understanding of the budget cuts being made in the fiscal year 2009-2010 budget. Mr. Goodman pointed out that the amount of the reductions and projected impacts on services are listed in the Departmental Budget Reduction Summary on pages 17 through 20 of the County Administrator's Proposed Budget for Fiscal Year 2009-2010. He advised that the budget was presented earlier in the meeting. A copy of the budget is on file in the Clerk's Office. Mr. Robertson advised that the first reading of the appropriations ordinance for the budget is planned for May 12, 2009, with the second reading and public hearing on May 26, 2009. IN RE: CERTIFICATION RESOLUTION R-041409-13 At 5:52 p.m., Supervisor McNamara moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: April 14, 2009 267 AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora RESOLUTION 041409-13 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and 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, knowledge: 1. Only public business matters lawfully requirements by Virginia law were discussed in certification resolution applies, and to the best of each member's exempted from open meeting the closed meeting which this 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora IN RE: ADJOURNMENT Chairman Altizer adjourned the meeting at 5:52 p.m. Submitted by: Approved by: r ~' Becky R. M dor Michael W. Altizer Deputy Cle to the Board Chairman 268 April 14, 2009 PAGE LEFT BLANK INTENTIONALLY 1 1