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Home My WebLink About3/9/2004 - Adopted Board RecordsACTION NO. A-030904-1 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 2004 AGENDA ITEM: Approval of amendments to the Open Space Use Agreement with Hunting Hills Country Club, Inc. SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This action approves amendments to the Open Space Use Agreement with Hunting Hills Country Club, Inc., and authorizes the Director of Real Estate Assessment to execute the amended agreement on behalf of Roanoke County. On January 7, 2000, Roanoke County entered into an Open Space Use Agreement with Hunting Hills Country Club, Inc., (owner) under which the owner made a written recorded commitment to preserve and protect open space uses of approximately 170 acres during the 10 -year term of the agreement in order for the property to be taxed on the basis of its use. The owner made many promises limiting the use of this property under this agreement including Section 2. K. as follows: There shall be no separation or split -off of lots, pieces or parcels from the Property. The Property may be sold or transferred during the term of the Agreement only as the same entire parcel that is now the subject of this Agreement, provided, however, that the Owner may grant to a public body or bodies open -space, conservation or historic preservation easements which apply to all or part of the Property. As a result of the negotiations between the owner and Old Heritage, Inc., these parties have agreed to divide the property such that 16 acres remain with Hunting Hills Country Club, Inc., and approximately 153 acres will be conveyed to Old Heritage, Inc., then leased back to Hunting Hills Country Club, Inc., in order to continue the operation of the golf course. These parties have requested the County to amend the Open Space Agreement to allow this property division and not be in violation of the Open Space Use Agreement. The parties have represented to the County that the use of the property will not change. The parties further request this amendment so as not to trigger any roll back tax liability as a result of this property division. An amended Open Space Use Agreement should also add Old Heritage, Inc., as a party. FISCAL IMPACT: This amendment would avoid triggering roll back tax liability in the amount of approximately $59,000. STAFF RECOMMENDATION: It is recommended that the Board approve these amendments to the Open Space Use Agreement to allow the separation or split -off of lots or parcels from the property without triggering roll back tax liability on the entire property and to add Old Heritage, Inc., as a party to the amended Open Space Use Agreement. VOTE: Supervisor Wray motion to approve staff recommendation Motion Approved cc: File Paul Mahoney, County Attorney William Driver, Director, Real Estate Assessment Arnold Covey, Director, Community Development Janet Scheid, Chief Planner 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ❑ ❑ Mr. Flora ® ❑ ❑ cc: File Paul Mahoney, County Attorney William Driver, Director, Real Estate Assessment Arnold Covey, Director, Community Development Janet Scheid, Chief Planner 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 2004 RESOLUTION 030904-2 AUTHORIZING APPROVAL OF A SETTLEMENT AGREEMENT IN THE EMINENT DOMAIN PROCEEDINGS WITH JAMES L. WOLTZ FOR ACQUISITION OF A PARCEL OF LAND CONSISTING OF 44,100 SQ. FT., TOGETHER WITH AN ACCESS AND UTILITY EASEMENT, FOR EMERGENCY COMMUNICATION PURPOSES LOCATED OFF HONEYSUCKLE ROAD ON POOR MOUNTAIN IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, by Resolution #102897-5, the Board of Supervisors authorized the acquisition of, and immediate right of entry to, a parcel of land consisting of 44,100 square feet, together with a 25' access and utility easement, for the purpose of providing emergency communications facilities, from James L. Woltz and John E. Woltz by eminent domain proceedings; and, WHEREAS, a petition for condemnation of said property was filed in the Circuit Court of the County of Roanoke, styled County of Roanoke v. Woltz and Waltz, CL97000549; and, WHEREAS, there is also a case styled Woltz v. Board of Supervisors of Roanoke County, CL 98000152, currently pending in the Circuit Court, wherein Woltz sought to recover certain rental payments alleged to be due for the period between the expiration of a lease for the property and the effective date of the condemnation; and, WHEREAS, staff has negotiated an agreement with Woltz in settlement of both of the above-described cases. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That a settlement agreement in the above -styled cases with James L. Woltz providing for the following terms and conditions is hereby authorized and approved: a. That the County will pay a total sum of $250,000.00 (including the $107,000.00 previously paid) for the 44,100 -acre communications site on Poor Mountain in the Windsor Hills Magisterial District, together with a 25' access and utility easement, being shown and designated as "PROPOSED 44,100 S.F. ACQUISITION" and "PROPOSED 25' ACCESS & UTILITY EASEMENT" on that certain'Plat Showing Property (44,100 S.F.) and Access & Utility Easement To Be Acquired By County of Roanoke From James L. Woltz & John E. Woltz', dated October 30, 1997, prepared by Lumsden Associates, P.C., Engineers -Surveyors -Planners, a copy of which is attached hereto as Exhibit A. b. That Woltz and the County will enter into a separate agreement to provide that Woltz may relocate the 25' access and utility easement to an agreeable alternative location, at Woltz' request and at Woltz' cost, provided that the new location is comparable in width, terrain and construction as the current easement. 2. That $107,000.00 has previously been paid through the condemnation action, and the balance of $143,000.00, plus up to $2,000.00 for expenses, is hereby appropriated from the Undesignated Capital Fund. 3. That the County Administrator, or an Assistant County Administrator, and the County Attorney are hereby authorized to execute such documents and take such actions as may be necessary to finalize this agreement and acquisition, all of which shall be on form approved by the County Attorney. 2 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora NAYS: None ABSENT: Supervisor Altizer A COPY TESTE: Q. At�� Brenda J. Hol n, CMC Deputy Clerk cc: File Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Arnold Covey, Director, Community Development Janet Scheid, Chief Planner William Driver, Director, Real Estate Assessment Gary Robertson, Director, Utility 3 f ?-0*ERS 3 EX. ROANOKE' COUNTY EMS TOOER S/TE EX. GUY ANCHORS PROPOSED 0 25' ACCESS & — i, UTILITY EASEMENT U I boy 12.50'- =off A PROPOSED 44,100 S.F. ACQUISITION ti�4,tih S 687 7' 4✓ £X. GUY ANCHOR ?�p� r_o % I'i/ EX. NORFOLK & SOUTHERN NY/ TOYtER S/ /T `�� 4 90' 50175 -\ 49.7 ts �� EX. GRA kEL ACCESS ROAD `S 5936;39' W F C J 21.22' REJNA/N/NG 25' ACCESS & UTILITY EASEMENT NOTES.` 1. TH/S PLAT lS 8ASED OV A CURRENT REw SURt�FY. 2. 7H/S PLAT WAS PREPARED WITHOUT 7HE BENEF7T OF E A GYIRRENT 7771E REPORT AND THERE MAY EXIST ENCUMBRANCES WHICH AFfE'CT THE PROPERTY NOT 9YOWN HEREON. 3. 7HIS PROPERTY DGE�S NOT L(E W17H/N THE aws OF A 100 YEAR fL000 BOUNDARY AS DESIOVA7ED BY y F.E.M. 4 CORNER 1 7HROWY 4 70 $ INCL 914,r CONS7T7U7E NEW DI14510N LINES 6s .c �qa EX. GRA VEL 93G�4 AC ' C-4 ACCESS ROAD, pRploEgTy Of- �/ ✓AA�ES L. Wl7Y 1Z � S 487113' W wt7flN E. Wt7Y TZ 30.08' D.B 142.E PC 1101 -C-5 P.B. 19, PC 90 40114'11' W PROPOSED 49.44' PLAT SHOWING PROPERTY (44,100 S.F. ) AND ACCESS & UTILITY EASEMENT 711 of TO BE ACQUIRED BY Ay yr THE COUNTY OF ROANOKE `PGS FROM LHENDERSON, JAMES L. WOLTZ & . aJOHN E. WOLTZ SITUATED IN WINDSOR HILLS MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE 1' = 100' DATE: 30 OCTOBER 1997 LUMSDEN ASSOCIATES, P.C. ENGINEERS -SURVEYORS -PLANNERS ROANOKE, VIRGINIA EX J/4' PIPE E '_�" CENTER LNE CME TABLE RADIUS LENGIH TANaWT CHORD BEARING DE rA 125000 8a 8X 4a 9aaf -T-62 7222 E 03.4218 500.00 1051/ 5325 1x591 S 533152 1Y 12VY RC-2 190.00 76115 39.6 77.60 S 474940 W 23' 5920000 429821.5 4289S 427201W 12784,3 28a 00 40.49 20.28 40.46 S 4472 48 W 087 f 11.500 8294 433 81.16 S 197430 W 417926 PLAT SHOWING PROPERTY (44,100 S.F. ) AND ACCESS & UTILITY EASEMENT 711 of TO BE ACQUIRED BY Ay yr THE COUNTY OF ROANOKE `PGS FROM LHENDERSON, JAMES L. WOLTZ & . aJOHN E. WOLTZ SITUATED IN WINDSOR HILLS MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE 1' = 100' DATE: 30 OCTOBER 1997 LUMSDEN ASSOCIATES, P.C. ENGINEERS -SURVEYORS -PLANNERS ROANOKE, VIRGINIA EX J/4' PIPE E '_�" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 2004 ORDINANCE 030904-3 APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE ROANOKE VALLEY REGIONAL CABLE TELEVISION COMMITTEE AGREEMENT AMONG THE COUNTY OF ROANOKE, THE CITY OF ROANOKE AND THE TOWN OF VINTON WHEREAS, the County of Roanoke, the City of Roanoke and the Town of Vinton previously entered into a Roanoke Valley Regional Cable Television Committee Agreement dated June 9, 1992, that authorized the Committee to provide for the development, administration, and operation of cable television governmental, educational and institutional facilities and programming on behalf of the three participating jurisdictions; and WHEREAS, the three named jurisdictions have enacted Cable Television Franchise Ordinances effective October 31, 2003, and entered into Cable Television Franchise Agreements, pursuant to those ordinances, with CoxCom, Inc., d/b/a Cox Communications Roanoke; and WHEREAS, the Roanoke Valley Regional Cable Television Committee Agreement needs to be modified to reflect references to the recently adopted Cable Television Franchise Ordinances and Cable Television Franchise agreement mentioned above; and WHEREAS, the first reading of this ordinance was held on February 24, 2004; and the second reading was held on March 9, 2004. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the substance of the terms of Amendment No. 1 to the Roanoke Valley Regional Cable Television Committee Agreement attached to the Board Report for this ordinance is hereby approved and adopted. 2. The Roanoke County Administrator and the Clerk to the Board of Supervisors are hereby authorized, for and on behalf of the County, to execute and attest, respectively, Amendment No. 1 to the Roanoke Valley Regional Cable Television Committee Agreement in a form substantially similar to the one attached to the above mentioned Board Report and as shall be approved by the County Attorney. 3. The County Administrator is further authorized to take such further action and execute such additional documents as may be necessary to implement and administer such Amendment No. 1 to the Roanoke Valley Regional Cable Television Committee Agreement and the underlying Agreement itself. 4. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora NAYS: None ABSENT: Supervisor Altizer A COPY TESTE: . &a-4— (a kbkt-� Brenda J. Holton CMC Deputy Clerk cc: File Joseph B. Obenshain, Senior Assistant County Attorney OFA Robert R. Altice, Chairman, Roanoke Regional Cable TV Committee Mary F. Parker, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Vinton Town Council Elaine Simpson, Government Access Director Gary E. Tegenkamp, Assistant City Attorney 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 2004 RESOLUTION 030904-4 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: 1. That the certain section of the agenda of the Board of Supervisors for March 9, 2004, 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 through 6, inclusive, as follows: 1. Approval of minutes — February 24, 2004 2. Request from the Police Department to accept and appropriate a court - community corrections program grant in the amount of $6,000 3. Resolution of appreciation upon the retirement of Cecil L. Gearheart, Community Development Department, after seventeen years of service 4. Acceptance of donation of variable width water line easement from the Commonwealth of Virginia, Department of Transportation (Tax Map No. 87.10-2- 6) to the Board of Supervisors, located in the Cave Spring Magisterial District 5. Request from Social Services Department to appropriate $388,000 from the state to various public assistance programs 6. Confirmation of committee appointment to the Board of Zoning Appeals 2. 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 Flora to adopt the resolution with Item 6 added, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora NAYS: None ABSENT: Supervisor Altizer A COPY TESTE: Brenda J. Holton, CMC Deputy Clerk cc: File Ray Lavinder, Chief of Police Sergeant Tim Lisk, Grant Coordinator Rebecca Owens, Director, Finance Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney Dr. Betty McCrary, Director, Social Services Diane Hyatt, Chief Financial Officer OA ACTION NO. A -0309044a ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 2004 AGENDA ITEM: Request to accept and appropriate a court -community corrections program grant in the amount of $6,000 SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The funds will be used to support the Police Department's efforts to address aggressive driving behaviors and occupant protection enforcement. The primary use will be to support the Alleghany -Roanoke Valley -Rockbridge Multi -Regional Highway Safety and Aggressive Driver Enforcement Project. Officers, being paid overtime, will be assigned to enforce traffic laws in the highway safety corridor and other areas as they are identified. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of court -community corrections program grant in the amount of $6,000. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Ray Lavinder, Chief of Police Sergeant Tim Lisk, Grant Coordinator Rebecca Owens, Director, Finance E Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ❑ ❑ Mr. Flora ® ❑ ❑ cc: File Ray Lavinder, Chief of Police Sergeant Tim Lisk, Grant Coordinator Rebecca Owens, Director, Finance E AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 2004 RESOLUTION 030904-4.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF CECIL L. GEARHEART, COMMUNITY DEVELOPMENT DEPARTMENT, AFTER SEVENTEEN YEARS OF SERVICE WHEREAS, Cecil L. Gearheart was first employed by Roanoke County on March 3, 1987, as an Engineering Aide in the Community Development Department; and WHEREAS, Mr. Gearheart retired from Roanoke County on March 1, 2004, as an Engineering/GIS Technician after seventeen years of service; and WHEREAS, Mr. Gearheart was a member of the team that completed the conversion of the hand -maintained tax maps and utilities into a digital format; and WHEREAS, Ms. Gearheart had a major role in the conversion and maintenance of the Emergency 911 Street and Address system; and WHEREAS, Mr. Gearheart, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to CECIL L. GEARHEART for seventeen years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Flora NAYS: None ABSENT: Supervisor Altizer A COPY TESTE: Brenda J. H on, CMC Deputy Clerk cc: File Resolutions of Appreciation File 2 ACTION NO. A -030904-4.c ITEM NO. J-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 2004 AGENDA ITEM: Acceptance of donation of variable width water line easement from the Commonwealth of Virginia, Department of Transportation (Tax Map No. 87.10-2-6) to the Board of Supervisors, located in the Cave Spring Magisterial District SUBMITTED BY: APPROVED BY: Gary Robertson Utility Director Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the acceptance of the following easement for installation of a water line to serve the proposed new Starkey Area Headquarters for the Virginia Department of Transportation in the Cave Spring Magisterial District conveyed to the Board of Supervisors of Roanoke County, Virginia: Donation of water line easement, of variable width, from the Commonwealth of Virginia, Department of Transportation, (Deed Book 1335, Page 1106; Tax Map No. 87.10-2-6), as shown on a plat prepared by Lumsden Associates, P.C., dated March 5, 2003, a copy of which is attached hereto as Exhibit A. The location and dimensions of this easement have been reviewed and approved by the County's Utility Department staff. FISCAL IMPACT: This easement is being donated by the referenced property owners and will have no fiscal impact. STAFF RECOMMENDATION: Staff recommends acceptance of the donation of this easement. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney 2 Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ❑ ❑ Mr. Flora ® ❑ ❑ cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Community Development Janet Scheid, Chief Planner Paul Mahoney, County Attorney 2 1 itT;- 4 Q hycnx2Q) 19 z C4 t"1 ,+ uo to t . 04 1 I z 4 VIC* M I� 6901 'Jd '69*1 8'Q I t SYHOM T71H NVQIdYY .40 AIL GdQHd 16 ad '£t 8'd ' Ik'IaLsn0N1 SSIcYO. 'I 3S6'Hd 9. 106'd11 I ii0-i�!'L8>f` X6'1 _ I I U w 0 co O O N 2:Q z z "I'� mCDs =60 �z cz 9 4 CZ�� t . 04 t� W w 04 wz i' + pf U .; U I z 4 VIC* M I� 6901 'Jd '69*1 8'Q I t SYHOM T71H NVQIdYY .40 AIL GdQHd 16 ad '£t 8'd ' Ik'IaLsn0N1 SSIcYO. 'I 3S6'Hd 9. 106'd11 I ii0-i�!'L8>f` X6'1 _ I I U w 0 co O O N 2:Q z z "I'� mCDs =60 �z cz 9 ACTION NO. A -030904-4.d ITEM NO. J-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 2004 AGENDA ITEM: Request from Social Services Department to appropriate $388,000 from the state to various public assistance programs SUBMITTED BY: Dr. Betty R. McCrary Director of Social Services APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Department of Social Services receives, throughout the year, additional appropriations for public assistance and services delivery. The state has made available $275,000 in Federal IV -E funds for foster children, $98,000 for VIEW — purchase of services and administration, and $15,000 for Head Start day care. The Department of Social Services cannot access these funds until the County has appropriated the same. The Board of Supervisors is requested to appropriate $388,000 to the fiscal year 2003-2004 social services budget and to appropriate the related revenues from the state. FISCAL IMPACT: No fiscal impact - 100% federal/state reimbursement funds ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends appropriation of $388,000 to the fiscal year 2003-2004 social services budget; $275,000 for Federal IV -E (602000-5730), $98,000 for VIEW (602000-5753) and $15,000 Head Start day care (602000-5785) and to appropriate same revenues from the state. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Dr. Betty R. McCrary, Director, Social Services Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance E Yes No Absent Mr. McNamara ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ❑ ❑ Mr. Flora ® ❑ ❑ cc: File Dr. Betty R. McCrary, Director, Social Services Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance E ACTION NO. A -030904-4.e ITEM NO. J-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 9, 2004 AGENDA ITEM: Confirmation of committee appointment to the Board of Zoning Appeals SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the March 9, 2004, meeting, the following nomination was made with the request that confirmation be placed on the Consent Agenda. Board of Zoning Appeals Supervisor Wray nominated Kevin T. Barnes to serve the unexpired portion of Mr. Rodney McNeil's five-year term which will expire on June 30, 2004. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved cc: File Board of Zoning Appeals Committee File Yes No Absent Mr. McNamara ® ❑ M Mr. Church ® ❑ ❑ Mr. Wray ® ❑ ❑ Mr. Altizer ❑ ❑ Mr. Flora ® ❑ ❑ cc: File Board of Zoning Appeals Committee File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 9, 2004 RESOLUTION 030904-5 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 members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 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 Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A COPY TESTE: &t'LZL Q. )JQ Brenda J. Ho on, CMC Deputy Clerk cc: File Closed Meeting File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 23, 2004 ORDER 032304-1 SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2004 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 2004, and ending December 31, 2004, be, and hereby is, set for a tax rate of $1.12 per one hundred dollars of assessed valuation on all taxable real estate and mobile homes classified by Sections 58.1-3200, 58.1-3201, 58.1-3506.A.8, and 58.1-3506.8 of the 1950 Code of Virginia, as amended, situate in Roanoke County. On motion of Supervisor Church to adopt the order, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None A COPY TESTE: l Am Diane S. Childers Clerk to the Board of Supervisors cc: File Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Brent Robertson, Director, Budget William Driver, Director, Real Estate Valuation Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue