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8/14/2007 - Regular August 14, 2007 673 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 14,2007 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of August, 2007. INRE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph P. McNamara, Vice-Chairman Richard C. Flora, Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Michael A. Wray MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Mary V. Brandt, Assistant Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer INRE: OPENING CEREMONIES The invocation was given by Father Dean Nastos, Holy Trinity Greek Orthodox Church. At the request of Supervisor Wray, a moment of silence was observed for Serviceman Jesse G. Clowers Jr. of Roanoke County who lost his life recently in the Middle East. The Pledge of Allegiance was recited by all present. 674 August 14, 2007 BRIEFINGS 1. Briefina on the status of The Cellar on Brambleton Avenue. (Paul Mahoney. County Attorney) Mr. Mahoney advised that County staff has been working for the past five or six months to resolve complaints regarding noise disturbances at The Cellar located on Brambleton Avenue. He reported that following his presentation to the Board at their April 24, 2007, meeting; he held a community meeting in May to formulate a series of steps to alleviate the problems. He stated that a letter was sent in June to the citizens who had attended the meeting to solicit follow up comments; however, he received only one response. He further advised that Police Chief Ray Lavinder has reviewed the call records received for this establishment since February 2006. He added that at his request, County police routinely patrol the parking lot and nearby area between 10:00 a.m. and 11 :00 p.m.; and that during the past three months, there were approximately 141 patrols through the area with only two or three incidences that triggered any activity. During this three-month period, there was one summons for a noise ordinance violation and one arrest for DUI. Mr. Mahoney reported that this level of activity would not support a civil public nuisance action in circuit court and recommended that the case be closed. He advised that Mr. and Mrs. Wray who live adjacent to The Cellar and Jackie Brown, the owner and operator of The Cellar, were INRE: present. August 14, 2007 675 It was the consensus of the Board to hear citizens' comments on this item at this time. Ms. Vickie Wray, 3218 Fleetwood Avenue. Ms. Wray advised that she represents the neighbors in the 3200 block of Fleetwood Avenue. She reported that she contacted the members of the Board with the exception of Mr. Flora Sunday night, and she thanked Mr. Wray, Mr. Church, and Mr. Altizer for returning her call. She summarized the neighbors' complaints and stated that she felt that nothing has been done to resolve the problem other than give it lip service. She advised that she did not feel that it was up to the citizens to respond to the County Attorney's request for follow up information. She reported that this problem has been on-going for two years and that elementary children lived in the vicinity of The Cellar as well as an elderly couple whose home has been vandalized. She stated that the neighborhood was at the end of its patience. She added that she had received an e-mail today from the County Attorney advising that the matter had been investigated and that the owner had met the requirements. She stated that her neighbors do not believe the matter has been handled satisfactorily. She further advised that she was presenting a letter signed by her neighbors to the Board. Ms. Jackie Brown, owner of The Cellar located at 3203 Brambleton Avenue. Ms. Brown stated that she sympathizes with the adjacent neighbors and that she has responded to their complaints by implementing the steps recommended at the community meeting to alleviate the noise problem. She advised that she and her ,~ 676 August 14, 2007 bartenders patrol the parking lot on a regular basis and that she is working with the landlord to have an air vestibule built to further soundproof her establishment. She added that the first time she heard that noise in the parking lot was the problem was during the community meeting, and she reiterated that she was working to solve the problem. Supervisor Church advised that the citizens deserve an opportunity to present their point of view and requested a follow up briefing at the August 28, 2007, meeting to aid the Board in making an informed decision. Supervisor Altizer advised that it is a heavy burden to declare a business a nuisance and that he needed further time to decide whether to close the issue. He also requested a hearing at the August 28, 2007, meeting to allow the citizens and the owner the opportunity to present each side of the issue. Supervisor McNamara advised that he had driven by The Cellar on Sunday at approximately 8:45 p.m. while out on other business and that he had not observed any problems at that time. It was the consensus of the Board that a public hearing be held at the August 28, 2007, Board meeting on this issue. IN RE: PUBLIC HEARINGS .L Public hearina to receive citizen comments reaardina ! proposed amendment to the fiscal year 2007-2008 budaet in accordance August 14, 2007 677 with Section 15.2-2507. Code of Virainia. (Diane D. Hvatt. Chief Financial Officer) Ms. Hyatt advised that the Code of Virginia requires localities to hold a public hearing whenever proposed budget amendments exceeding one percent of the total expenditures shown in the adopted budget or $500,000, whichever is the lesser, occur during any Board meeting. She further advised that a notice for the public hearing was published in the Roanoke Times on August 7,2007. Ms. Hyatt further advised that no action was required at this time and that the Board would hear the requests for appropriations later during the meeting. There were no citizens to speak on this item. INRE: NEW BUSINESS ~ Reauest to adopt ! resolution appropriatina ,$28.326.698 for Northside Hiah School renovations. (Diane Hvatt. Chief Financial Officer) R-081407-1 Ms. Hyatt advised that Dr. Lange, Superintendent of Schools; Penny Hodge, Assistant Superintendent of Finance; and Dr. Martin Misicko, Director of Operations; were present to answer questions. She further advised that the School Board approved a notice of intent to award a construction contract to Martin Brothers. Contractors, Inc. in the amount of $21,970,656 contingent upon approval of funding by the School Board at their August 9, 2007, meeting and the Board of Supervisors at their 678 August 14, 2007 August 14, 2007, meeting. She added that the contractors cannot officially begin until the funding is appropriated. She reported that the entire budget for the Northside project is $28,326,698. She stated that the source of funding is a combination of VPSA bonds ($16.7 million), Literary Loans ($7.5 million), and School capital cash reserves ($5.1 million). She noted that these cash reserves were made possible by the joint capital financing plan adopted by the School Board and the Board of Supervisors in December 2004. Ms. Hyatt advised that the School administration has prepared the required application, and the School Board has adopted the necessary resolutions to participate in the fall 2007 bond sales. She further advised that as part of the application process, the Board of Supervisors will hold a public hearing for the sale of the bonds on August 28, 2007. She reported that staff recommends adopting the attached resolution, which appropriates $28,326,698 to the Northside High School renovation project, contingent upon the receipt of bond proceeds from the Virginia Public School Authority and/or the Virginia Literary Loan Fund. Dr Lange advised that the renovation of Northside High School would be state of the art and thanked the Board for their support. In response to Supervisor Wray's inquiry, Dr. Lange advised that the renovation will provide for future growth and that the Schools are working with County staff to develop more accurate methods of projecting growth. August 14, 2007 679 Supervisor McNamara noted that while the $28 million renovation is comparable to similar renovations being undertaken in other school districts; at one time, a school could be built for $19 million. Supervisor Church advised that the world is changing and the security that will be adding during the renovation is important to safeguard our children. Supervisor Flora noted that the project has been on the drawing board for a number of years and that he was glad it was now underway. He added that Northside High School will be the equivalent of a new school when the renovations are completed and that it will be another 25 to 30 years before the school will need further updating. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 081407-1 APPROPRIATING FUNDS IN THE AMOUNT $28,326,698 FOR THE NORTHSIDE HIGH SCHOOL EXPANSION AND RENOVATION PROJECT WHEREAS, the Roanoke County School Board has adopted a Capital Improvements Plan which includes the renovation and expansion of Northside High School (the "Project"); and WHEREAS, on November 15, 2005, the Board of Supervisors adopted a resolution supporting the Roanoke County School Board's application for Literary Loan Funds for this project; and WHEREAS, on April 24, 2007, the Board of Supervisors adopted a resolution declaring its intention to reimburse itself for expenditures related to the expansion and renovation of Northside High School from the proceeds of one or more financings from the Virginia Public School Authority and the Virginia Literary Fund; and WHEREAS, on August 28, 2007, the Board of Supervisors will hold a public hearing on the sale of Virginia Public School Authority bonds for this project; and 680 August 14, 2007 WHEREAS, the proposed budget for this project is $28,326,698; and WHEREAS, $15.7 million of bonds from the Virginia Public School Authority and $7.5 million loan from the Virginia Literary Fund and $5.1 million from the School Board's capital cash reserves are designated as sources of funding for this project; and WHEREAS, the Roanoke County School Board has approved a Notice of Intent to award a construction contract to Martin Brothers Contractor, Inc. in the amount of $21,970,656; and WHEREAS, the Roanoke County School Board has requested an appropriation of $28,326,698 from the Board of Supervisors in order to sign the appropriate and necessary contracts to commence the construction of this project. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, as follows: 1. That funds in the amount of $28,326,698 are hereby appropriated to the Roanoke County School Board for the renovation and expansion of Northside High School. 2. That this appropriation is contingent upon and subject to the receipt of the bond proceeds from the Virginia Public School Authority and/or the Virginia Literary Fund. 3. That the County Administrator, or Assistant County Administrator, is hereby authorized to sign such documents and take such actions as are necessary to accomplish the purposes of this resolution. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 2. Reauest for authorization to execute! contract between the County of Roanoke. County School Board. and the Art Museum of Western Virainia to provide educational proarammina. (Elmer Hodae. County Administrator) A-081407-2 Mr. Hodge advised that representatives from the Schools, the Parks, Recreation, and Tourism Department, and the Art Museum were present for this item. He further advised that on September 13, 2005, the Board approved a partnership with August 14, 2007 681 the Art Museum of Western Virginia, Virginia Tech, and other area universities to support the development of an art instructional program for grades kindergarten through 12. He reported that a commitment was made of $200,000 per year for up to ten years to begin after June 30, 2006. He stated that the Board authorized staff to negotiate a contract with the Art Museum and to submit the contract to the Board for approval at a future meeting. Mr. Hodge advised that staff has worked with the Museum staff during the past two years to develop an extensive program including the pilot program and which will include both classroom instruction and field trips to the museum. He further advised that the Parks, Recreation, and Tourism Department will also have an opportunity to participate in the program since the Schools may not be able to utilize all the time available in the program. He reported that this program will provide services for our students and staff as well as for Parks and Recreation programs for seniors and youth. He added that services will be billed each month by the Art Museum based upon attendance with the amount capped at $200,000 annually. He stated that he was requesting authorization to sign the contract with the understanding that the County Attorney will need to finalize a few provisions added today. Dr Lange thanked the Board for allowing the Schools the opportunity to partner with the Art Museum. She briefed the Board on a few of the program's components such as unlimited field trips to the Museum, organized Parks and Recreation activities, and professional development for teachers. 682 August 14, 2007 In response to an inquiry from Supervisor Wray, Dr. Lange advised that all kindergarten and first grade students will take field trips as a class and that other students will visit the Museum as part of their class work. Mr. Hodge advised that the contract is flexible; and he noted that as the Schools use more of the program's time, Parks and Recreation will use less. Pete Haislip, Director of Parks, Recreation, and Tourism, advised that this program creates an exciting opportunity to offer additional programs to Parks and Recreation clients and is a great benefit. He added that it is important to expose children to art as they are the art patrons of the future. Georganne Bingham, Director of the Art Museum, thanked the Board for the opportunity to serve the Schools and the Roanoke Valley through this program. She added that the program would serve as a model for other localities. Scott Crawford, Deputy Director of Education for the Museum, advised that the program is tied to core content curriculum so students will be exposed to interdisciplinary experiences using works of art to address the Standards of Learning. John Williamson, member of the Art Museum Board of Directors, thanked the Board and noted that Haywood Fralin, Chairman of the Board was present in the audience. He thanked the Board for their continuing partnership on behalf of the Museum's Board of Directors. August 14, 2007 683 Supervisor Altizer noted that the development of this program began two years ago when he was chairman. He reported that staff has worked hard on this contract and that the citizens would reap the benefit. Supervisor Flora advised that this contract purchases a service that provides a direct benefit to students and is a unique way of doing business. Supervisor Wray thanked Mr. Fralin for his work with the museum, and he advised that the Art Museum provides a valuable service to the community. Supervisor Church thanked Mr. Fralin and Mr. Williamson for their work on behalf of the citizens of the Roanoke Valley. Supervisor Altizer moved to approve the contract between Roanoke County, the Roanoke County School Board, and the Art Museum of Western Virginia including the new language added by the County Attorney today concerning the Parks, Recreation, and Tourism Department. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Wray, Church, Altizer, Flora, McNamara None 3. Reauest to adopt! resolution reauestina approval to ioin Local Governments for Sustainabilitv (ICLEI). (Anne Marie Green. Director of General Services) R-081407-3 684 August 14, 2007 Ms. Green advised that Roanoke County is a leader in environmental initiatives, having adopted an environmental policy in 2001 and implemented a system of environmental management (SEM) shortly thereafter. She further advised that the County has met its commitment to the EPA's Ozone Early Action Plan, and it has also reduced energy consumption which has translated into real dollar savings as utility and fuel charges have continued to rise. She reported that the County has also received an Environmental Excellence Award from the Virginia Department of Environmental Quality. Ms. Green advised that many local governments have joined Local Governments for Sustainability formerly the International Council for Local Environmental Initiatives and commonly known as ICLEI. She reported that ICLEI is an international association committed to improving the global environment through local action. She stated that over 660 cities, counties, towns, and villages are members of ICLEI worldwide and that the organization helps local governments generate public awareness and support for environmental and sustainability issues and provides technical assistance as well as training toward realizing tangible goals. She added that part of the assistance provided includes software to track success, notification of grants, and technical assistance in implementing plans. She advised that staff has been in contact with faculty at Virginia Tech and James Madison University (JMU) concerning assistance from student interns in inputting data into the software. August 14, 2007 685 Ms. Green advised that ICLEl's foremost program is Cities for Climate Protection (CCP). She further advised that this program is performance oriented and designed to assist local governments in reducing greenhouse gas emissions through a program model and appropriate training and technical assistance. Ms. Green reported that there are five milestones in this program: (1) establishing a baseline by calculating greenhouse gas emissions; (2) adopting emissions reduction targets; (3) developing a local action plan; (4) implementing policies and measures; and (5) monitoring and verifying results. Ms. Green advised that Roanoke County already has much of this information through its SEM program and will be able to use this data with ICLEl's assistance to determine how to further reduce energy consumption and save both the environment and tax payer dollars. She noted that several other Virginia localities are currently members of ICLEI, including Arlington County; the cities of Charlottesville, Harrisonburg, and Roanoke; and the town of Blacksburg. Ms. Green stated that the first step in implementation is for the Board to pass a resolution pledging to reduce greenhouse gas emissions resulting from government operations and the community at large. She stated that an elected official and a staff member will need to be designated as liaisons to ICLEI, and there is an annual fee of $1,200. She reported that General Services will provide the staff support for this program so that the Board member appointed as liaison need only do what his schedule allows. 686 August 14, 2007 Ms. Green advised that the major benefits to joining ICLEI are access to tools, software, and technical support to reduce energy consumption. In addition, there will be financial savings due to reduced utility costs for the County, businesses, and homeowners. She reported that measurable improvements in air quality will contribute to the overall health and well being of the community. She stated that participation in the program will provide stimulus to economic development due to the retention of local "energy dollars" that can be reinvested in the community as well as positive recognition for actively participating in a high profile, international organization. Ms. Green advised that the annual dues are $1,200, and the funds are available in the General Services budget. She reported that Staff is anticipating that with assistance from Virginia Tech, JMU, or both, there will be minimal cost involved in meeting the milestones. Ms. Green requested that that the Board approve the resolution pledging to reduce greenhouse gas emissions; and designate a member of the Board to serve as liaison to ICLEI. Supervisor Wray stated that joining this organization will allow the County to save on energy costs and help reduce emissions and is a move in right direction. In response to an inquiry from Supervisor McNamara, Ms. Green advised that the Board liaison can be appointed at a later date. August 14, 2007 687 Supervisor Wray moved to adopt the resolution and appoint the Board liaison at a later date. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 081407-3 REQUESTING APPROVAL TO JOIN LOCAL GOVERNMENTS FOR SUST AINABILlTY (ICLEI) WHEREAS, the U.S. Conference of Mayors endorsed the 2005 U.S. Mayors' Climate Protection Agreement initiated by Seattle Mayor Nickels and signed by 592 mayors in the United States as of June 2007; and WHEREAS, the Urban Environmental Accords adopted by local government delegates during UN World Environment Day 2005 call for reduced emissions through energy efficiency, land use and transportation planning, waste reduction, and wiser energy management; and WHEREAS, 162 countries including the United States pledged under the United Nations Framework Convention on Climate Change to reduce their greenhouse gas emissions; and WHEREAS, energy consumption, specifically the burning of fossil fuels, accounts for more than 80 percent of U.S. greenhouse gas emissions; and WHEREAS, the use of energy and fuel have an impact on the citizens of Roanoke County, Virginia, through air quality, government operational cost, and resident quality of life, and; WHEREAS, local government actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the local government, its businesses, and its residents; and WHEREAS, the Cities for Climate Protection@ Campaign sponsored by ICLEI - Local Governments for Sustainability has invited the County of Roanoke, Virginia, to join ICLEI and become a partner in the Cities for Climate Protection Campaign. NOW THEREFORE, BE IT RESOLVED, that the County of Roanoke, Virginia, will join ICLEI as a full member and participate in the Cities for Climate Protection Campaign and, as a participant, pledges to take a leadership role in promoting public awareness about the causes and impacts of climate change; and BE IT FURTHER RESOLVED, that the County of Roanoke will undertake the Cities for Climate Protection Campaign's five milestones to reduce both greenhouse gas and air pollution emissions throughout the community, and specifically: 1. Conduct a greenhouse gas emissions inventory and forecast to determine the source and quantity of greenhouse gas emissions in the jurisdiction; 688 August 14, 2007 2. Establish a greenhouse gas emissions reduction target; 3. Develop an action plan with both existing and future actions which when implemented will meet the local greenhouse gas reduction target; 4. Implement the action plan; 5. Monitor and report progress; and BE IT FINALLY RESOLVED that the County of Roanoke, Virginia, requests assistance from ICLEl's Cities for Climate Protection Campaign as it progresses through the milestones. On motion of Supervisor Wray to adopt the resolution and appoint the Board liaison at a later date, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 4. Reauest for authorization to execute! contract with Motorola to uPQrade the 800 MHz radio system to diaital. (Elaine Carver. Director of Information Technoloay) A-0814074 Ms. Carver advised that she was requesting authorization to execute a contract with Motorola to upgrade the 800 MHz radio system from analog to digital as directed by the Board. She further advised that as a citizen of Roanoke County, she felt that her fellow citizens would want specific answers to certain questions to understand what has been going on since 2005. She stated that a citizen might ask what is this, and she continued that this is the radio system used by public safety personnel on a daily basis. It must be replaced it because the system is 20 years old, and Motorola will not provide support after December 2009. She reported that this was brought to the Board in 2005 and the Board directed staff to find a replacement for the system and develop a good plan. Ms. Carver advised that staff established several goals to ensure the new August 14, 2007 689 system will be the best system possible. She further advised that she would review the top five top requirements for the new system: (1) Clearer voice quality for public safety personnel whether encrypted or open channel. (2) Comparable coverage to the existing analog system. (3) Low cost since this is an expensive project. With Motorola's assistance, staff was able to avoid additional tower sites, acquiring new land, or new leases. Ms. Carver advised that Motorola provided aggressive pricing for this project. She reported that the original estimate for this project was $13 million; however, after discussions with Motorola, the final, actual cost will be $9,820,780 which is $4 million less than the original estimate. She stated that Motorola is providing tomorrow's technology at 2003 prices. (4) Interoperability with adjacent localities whether they have digital or analog systems. (5) Ability to expand system. Ms. Carver advised that the digital system will start with 13 channels, but the system can be expanded as necessary. Richard Burch, Chief of Fire and Rescue, advised that he is excited about the project. He advised that firefighter safety is important as firefighters go into harms way as they provide assistance to the citizens. He added that the current system is 20 years old so he is very supportive of the projected upgrade. He thanked Mr. Hodge and staff for their work on this project. Ray Lavinder, Chief of Police, advised that the system was upgraded in 1987 from a low-band system to the current 800 MHz system, and the improvement was fantastic. He stated that if this upgrade is half as good as the upgrade in 1987, it 690 August 14, 2007 will be a great system, and the Police Department will look forward to using it. Ms. Carver advised that the last question a citizen might ask is when is this upgrade going to take place; and the answer is with Board approval, design work will begin in September 2007. It will take 18 to 24 months to engineer the system, bring in the materials, and install the system. She reported that the system should be on air in 2009 two months before the support for the analog system will end. She further advised that staff is still exploring financing alternatives and the funding appropriation will be presented to the Board at an upcoming meeting; however, staff is recommending that the Board authorize the County Administrator to execute the contract with Motorola for $9,820,780 contingent on the County Attorney's review and approval of the contract as to form and the approval by the Board of the financing package and appropriation of funds. Supervisor Church advised that the Board is committed to protecting the County's citizens and that good communication is critical. He added that the Catawba District is approximately 125 square miles and inquired if that would present any problems with the new system. Ms. Carver advised that the digital coverage was reviewed with Motorola as compared to the analog system and the coverage is comparable. She reported the County owns the mountain tops where the towers are located which gives the County control over the strength and quality of the signal which is a plus. August 14, 2007 691 Supervisor Flora noted that in addition to the benefits of upgrading to 21st century technology, the County will save money by purchasing the system components at 2003 prices. He added that 20 years is a good life for a radio system and that the necessity of good communications was made evident during the Katrina disaster. Supervisor Wray noted that whenever the County approves a tower site, it requires the right to install an emergency add on to new tower. He added that public safety personnel risk their lives every day, and they deserve the best equipment we can give them. He thanked Motorola for working with the County to develop this contract and pricing, and he advised that the extra year of warranty was an example of their willingness to work with the County. Supervisor Altizer advised that the encryption feature will enable officers to speak openly without fear of being overheard. He stated that this upgrade will save County money in long run, and he added that the Board needs to take credit for setting the right priorities for the citizens and public safety. Supervisor Church moved to approve the staff recommendation (authorize the County Administrator to execute a contract with Motorola for $9,082,780 contingent on the County Attorney's review and approval as to form, and the approval by the Board of the financing package and appropriation request). The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 692 August 14, 2007 5. Reauest to approve! contract with the Western Virainia Reaional Jail Authoritv to provide information technoloav services. (John Chambliss. Assistant County Administrator) A-081407-5 Mr. Chambliss advised that the Western Virginia Jail Authority has been responsible for the design and building of a regional jail to serve the City of Salem and the Counties of Roanoke, Franklin, and Montgomery. He reported that there are many technical features that need to be implemented. He further advised that a considerable amount of consulting expertise is needed in the areas of electronics and technology, and the Roanoke County Information Technology (IT) Department has been contacted for assistance. The Jail Authority Board has approved a contract with the IT Department for consulting services for a fee of $6,000 per month. He reported that these funds will provide one new staff member and related costs so that the County's information technology projects will not be adversely impacted. He added that any materials necessary for this project will be charged directly to the Authority at cost. Mr. Chambliss advised that this is a request to authorize the County Administrator to execute the contract and that a request to appropriate the funds would come at a later date. There was no discussion on this item. Supervisor McNamara moved to approve the staff recommendation (approve the agreement with the Western Virginia Regional Jail Authority to provide August 14, 2007 693 information technology advisory services at the rate of $6,000 per month so that staff may be hired to assist this project). The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 6. Reauest to approve an ambulance transport fee adiustment based on new Medicare rates. (Richard E. Burch. Jr.. Chief of Fire and Rescue) R-081407 -6 Chief Burch advised that the Board implemented ambulance transport fees in fall 2001; and that although Medicare adjusts the rate schedules on an annual basis, staff has not requested an increase in the fee the County charges since 2004. He stated that this adjustment is required in order for the County's rates to capture the increases made by the Federal government. He added that Medicare is the largest provider which is why the County chose to base its fees on the Medicare rates. He reported that the Board has requested that the County's rates remain consistent with adjacent localities which will still be the case following this rate adjustment. He added that with the rate adjustment, 92 percent of the revenue generated will be from the health insurance companies. With this rate increase, revenue of approximately $300,000 will be generated on an annual basis and that additional revenue will continue to be applied to capital project of the new fire station and eventually to the staffing for 694 August 14, 2007 that new station. He noted that this adjustment will have a minimal impact on the average citizen's insurance co payment. Supervisor Church advised that no one will be refused transport or services if they are unable to pay. In response to Supervisor Church's inquiry, Mr. Mahoney advised that the patient is billed three times per Medicare laws; however, there is a phone number printed on each bill for the patient to call if he or she cannot pay. Chief Burch advised that the County has a one-step process for writing off payments by patients who are unable to pay their bills. This process of "compassionate billing" ensures that patient will not be subjected to collections if they do not have the means to pay their co-payment for services. He further advised that the compassionate billing program has been very successful and a number of other Virginia jurisdictions have adopted our process. Supervisor Wray stated that this adjustment will allow the County to collect the revenue we are eligible to collect from Medicare. Supervisor McNamara inquired what percentage of fire and rescue personnel are funded with these fees. Chief Burch advised that it would be close to one third or more and that some of the revenue has gone to capital projects as well. Supervisor McNamara advised that the Board debated for a number of years prior to implementing these fees. He added that while there will be a small impact on the citizens, this revenue funds close to 40 percent of Fire and Rescue's staffing. He stated August 14, 2007 695 collecting the maximum amount Medicare allows will generate necessary revenue from the Federal government. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 081407-6 ADOPTING A REVISED SCHEDULE OF AMBULANCE TRANSPORT FEES AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of Supervisors enacted a Fee for Services ordinance as an addition to the Roanoke County Code on May 22, 2001, which established the legal structure for providing emergency medical transport services and accompanying fees as provided for by the Code of Virginia; and WHEREAS, Section 2-131 of this ordinance, contained in Chapter 2 Administration of the Roanoke County Code, provides that the Board of Supervisors, by resolution, may establish reasonable fees for the provision of emergency medical services by all emergency medical service personnel, whether provided by volunteers or public employees, upon the recommendation of the County Administrator and the Chief of Fire and Rescue; and WHEREAS, the Board of Supervisors adopted a resolution on August 14, 2001, which resolution was revised on March 26, 2002, by Resolution 032602-2, March 25, 2003, by Resolution 032503-8, and on March 8, 2005, by Resolution 030805-3, upon the joint recommendation of the County Administrator and the Chief of Fire and Rescue for the establishment of reasonable fees for the provision of various levels of emergency medical services, including mileage fees for vehicles; and WHEREAS, the U. S. Department of Health and Human Services has issued regulations, effective April 1, 2002, which establish a fee schedule for the payment of ambulance services under the Medicare program based upon specific codes or categories of ambulance services which must be complied with to receive Medicare reimbursements. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, as follows: 696 August 14, 2007 1. The fees which shall be charged by the County of Roanoke for the following described emergency medical services provided by Roanoke County owned, operated, funded, housed or permitted emergency vehicles shall be as follows: Advanced Life Support (ALS) 1 Emergency $365.00 Advance Life Support (ALS) 2 Emergency $580.00 Basic Life Support (BLS) Emergency $325.00 Mileage: $11.00 per mile with a maximum charge of $75.00. 2. No recipient of ambulance service who cannot afford to pay the ambulance transport fees will be required to do so. 3. This resolution shall be in full force and effect on and after September 1, 2007. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 7. Reauest to adopt ! resolution reauestina assistance from the Commonwealth of Virainia and the United States for frost and freeze losses in April 2007. (John Chambliss. Assistant County Administrator) R-081407-7 Mr. Chambliss advised that in April 7 through April 10, 2007, the Roanoke Valley experienced a severe drop in temperatures of approximately 15 to 20 degrees below the seasonal norms with actual recorded temperatures of 21 to 33 degrees during this period; and as a result, there was severe frost and freeze damage to orchard stock and vineyards across the Roanoke Valley. He added that the plants bloomed approximately two weeks early this spring due t'o the warming trends already experienced. He further advised that 18 acres of peaches suffered 100 percent losses and 110 acres of apples suffered 80 percent losses. He added that 34 acres of August 14, 2007 697 vineyards suffered 70 percent damage due to early leaf and early budding. He stated that this damage will result in financial losses by area orchards, vineyards, and farmers. Mr. Chambliss advised that the Board is being asked to recognize that a frost/freeze disaster exists for these farmers and to urge the Governor of the Commonwealth of Virginia to petition the President of the United States and the United States Secretary of Agriculture to make available any state or federal disaster relief programs available to those who need them in Roanoke County. He added that the Virginia Cooperative Extension staff will assist area farmers, orchards, and vineyards in applying for any available assistance programs. Mr. Chambliss advised that staff is recommending that the Board of Supervisors approve the resolution recognizing that a frost/freeze disaster for the period April 7 through April 10, 2007, exists and that the County request the Governor to petition the President to make available any state or federal disaster relief programs to assist Roanoke County farmers, orchards and vineyards who may need such assistance Supervisor Wray advised that he had spoken with a representative of the Governor's office earlier in the day regarding this matter and that it is appropriate to request these funds to assist our farmers. 698 August 14, 2007 Supervisor Wray moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 081407-7 DECLARING A FROST/FREEZE DISASTER FOR THE PERIOD APRIL 7 THROUGH 10, 2007 WHEREAS, during the period April 7 through 10, 2007, a cold weather trough descended on southwestern Virginia bringing temperatures 15 - 20 degrees below seasonable norms with the National Weather Service issuing frost/freeze advisories for several counties with local reports of morning temperatures of 21 to 23 degrees; and WHEREAS, local orchards and vineyards suffered significant loss to peaches, apples, and vineyards which were in full bloom because of the early warmth causing the plants to bloom up to two weeks early; and WHEREAS, the damage estimates from the Virginia Cooperative Extension, the FSA, and local farmers indicate damage to 18 acres of peaches, 110 acres of apples, and 34 acres of vineyards due to said frost/freeze. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, that the County recognizes and declares that a frost/freeze disaster exists as a result of the cold temperatures on April 7 through 10, 2007, for the County of Roanoke in order to qualify for whatever financial assistance may be available to the local farmers through this or any similar designation; and BE IT FURTHER RESOLVED, that the Honorable Timothy M. Kaine, Governor of the Commonwealth of Virginia, is hereby petitioned by the County of Roanoke to request that the President of the United States or the United States Secretary of Agriculture recognize the County's emergency situation and make any Federal or State assistance programs available to those who need them in Roanoke County. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None August 14, 2007 699 8. Reauest to adopt ! resolution reauestina assistance from the Commonwealth of Virainia and the United States for drouaht assistance. (John Chambliss. Assistant County Administrator) R-081407-8 Mr. Chambliss advised that this is a request that the Board adopt a resolution declaring a disaster for Roanoke County due to the extreme temperatures experienced and the drought conditions that exist throughout the agricultural areas of the County. He further advised that these drought conditions have caused serious and irreversible damage to crop production and pasture growth, both of which have been reduced by approximately 50 to 60 percent from normal operation. Mr. Chambliss advised that staff is requesting that a resolution declaring a drought disaster be approved and further that the Governor of the Commonwealth of Virginia petition the President of the United States and the Secretary of Agriculture to recognize the County's emergency situation and make any State or Federal assistance available to those who need it in Roanoke County. He reported that there are no local dollars requested and the staff of the Virginia Cooperative Extension office will be happy to assist those needing to apply for such assistance. Supervisor Flora advised that this growing season has been one of extremes since the County is now experiencing one of the hottest Augusts in close to 20 years after experiencing the unseasonable cold spell in April. 700 August 14, 2007 Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 081407-8 DECLARING A DROUGHT DISASTER FOR THE SUMMER OF 2007 WHEREAS, over the past several months, Roanoke County has suffered with above normal temperatures and a significant deficit in rainfall creating drought conditions throughout the agricultural areas of the County; and WHEREAS, this drought condition caused by extreme weather has caused serious and irreversible damage to crop production and pasture growth, both of which have been reduced by fifty to sixty percent from normal production; and WHEREAS, in recognition of this serious drought condition and financial losses that are being experienced by local farmers, the County desires and respectfully urges that the appropriate Federal and State agencies declare the County to be experiencing a drought disaster in order that whatever financial assistance available be provided to them. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY that a drought disaster exists in the County of Roanoke and respectfully requests that the appropriate Federal and State agencies recognize this condition and have Roanoke County declared a drought disaster area in order to qualify for whatever financial assistance that may be available to the local farmers through this or any similar designation; and BE IT FURTHER RESOLVED, that the Honorable Timothy M. Kaine, Governor of the Commonwealth of Virginia, is hereby petitioned by the County of Roanoke to request that the President of the United States or the United States Secretary of Agriculture recognize the County's emergency situation and make any Federal or State assistance programs available to those who need them in Roanoke County. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None August 14, 2007 701 9. Reauest to adopt ! resolution opposinQ the Public Safety Employer-Employee Cooperation Act of 2007 (H.R. 980). (Elmer HodQe, County Administrator) R-081407-9 Mr. Hodge advised that the Public Safety Employer-Employee Cooperation Act of 2007 (HR. 980) passed by the United States House of Representatives last month will permit public safety workers in all 50 states to negotiate with the governments that employ them over pay, benefits, and working conditions. He further advised that police and firefighters unions in Virginia would gain collective- bargaining rights creating budget concerns among local governments. He reported that this bill could have far reaching consequences for Virginia if it is approved by the Senate since Virginia is one of two states along with North Carolina that prohibit collective bargaining by public safety unions. He stated that this bill could present government officials with escalating financial demands at a time when tax revenues have flattened. Mr. Hodge advised that Virginia is a "right-to-work" state, and this federal legislation could force Virginia governments to negotiate with unions in an unprecedented way. He reported that this bill will give public safety officers the right to join a union; to have the union recognized by their employer; and to bargain collectively over hours, wages, and terms of employment. He further advised that the measure will allow the parties to seek mediation to resolve their differences, but will not permit the workers to strike or to force their employers into binding arbitration. 702 August 14, 2007 Mr. Hodge advised that Staff recommends adopting the resolution opposing the Public Safety Employer-Employee Cooperation Act of 2007 (HR. 980). He reported that this resolution will be sent to Virginia's Senators and then to the President. He noted that the Virginia Municipal League has requested that local governments take this action and that the Virginia Association of Counties (VACo) will take the same action through the Allegany Regional Commission. He concluded that the County takes good care of its employees and that this bill is not necessary. Supervisor McNamara advised that Forbes ranked Virginia as the number one state for employers and the right to work concept is a part of what makes the State employer friendly. Supervisor Flora advised that this is an encroachment on states rights and as such is part of a long running debate. He stated that states have a right to determine their own labor laws. He added that this bill will not have a great impact on Roanoke County because the County takes good care of its employees, but this bill could have a negative impact on other localities. He noted that in the 1970's and 1980's teachers went on strike and cost students months and months of education. He advised that he supported adopting the resolution opposing the bill. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: August 14, 2007 703 AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 081407-9 OPPOSING THE ADOPTION OF HR 980, THE PUBLIC SAFETY EMPLOYER-EMPLOYEE COOPERATION ACT OF 2007, BY THE UNITED STATES SENATE WHEREAS, the House of Representatives recently passed HR 980, the Public Safety Employer-Employee Cooperation Act of 2007, and the Senate is expected to address this legislation; and WHEREAS, HR 980 would federalize state and local government labor- management relations by mandating federal collective bargaining rules for state and local police, firefighters and emergency medical service employees if they fail to meet certain standards dictated by the Federal Labor Relations Authority; and WHEREAS, the federal government should not undermine local government autonomy with respect to making fundamental employment decisions by mandating specific working conditions including collective bargaining; and WHEREAS, this legislation would mandate collective bargaining power for all police, fire, and emergency medical workers without regard to the Virginia constitution and laws; and it would establish a precedent for federal interference in all local government employer-employee relations. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1. That it urges Senators Warner and Webb, who are elected by the citizens of the Commonwealth of Virginia, to oppose HR 980, the Public Safety Employer- Employee Cooperation Act of 2007. Further Senators Warner and Webb should respect the long-standing principle of non-interference in employer-employee relations that has existed among the federal, state and local governments and vote to defeat this leg islation. 2. That a copy of this resolution be sent to Senators Warner and Webb and Congressmen Goodlatte and Boucher, the Virginia Association of Counties, and the National Association of Counties. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 704 August 14, 2007 FIRST READING OF ORDINANCES ~ First readina of an ordinance authorizina the relocation of the Catawba yotina precinct from the Catawba Fire Station to the Catawba Recreation Center at 4965 Catawba Creek Road. Catawba Maaisterial District. (Judy Stokes. General Reaistrar) Ms. Stokes advised that this was a request for approval to relocate the Catawba District precinct. She added that Warren Campbell of the Electoral Board was present. She further advised that it is the General Registrar's intention to make it as convenient as possible for the citizen's of Roanoke County to exercise their right to vote. She reported that the proposed polling change is to relocate the Catawba precinct from the Catawba Fire Station at 5585 Catawba Hospital Drive to the Catawba Recreation Center at 4965 Catawba Creek Road. She added that the recreation center IN RE: will provide a larger space for conducting elections as well as convenient parking for voters. Ms. Stokes stated that the legal notice of the public hearing to be held at the next Board meeting was published in the Roanoke Times on August 14, 2007, and will be published again on Tuesday, August 28, 2007. If approved, maps indicating the proposed changes are available in the General Registrar's office for inspection by the public and new voter cards with notice of the change will be mailed to all registered voters in the Catawba precinct with directions and a map to the new polling place. August 14, 2007 705 Supervisor Church advised that anything that can be undertaken to make it easier for the voter is of assistance. He noted that this is the second precinct change in the Catawba District. Supervisor Church moved to approve the first reading and set the second reading and public hearing for August 28, 2007. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Wray, Church, Altizer, Flora, McNamara None 2. First readina of an ordinance approvina ! residential lease at the Roanoke County Center for Research and Technoloav, Catawba Maaisterial District. (Anne Marie Green, Director of General Services) Ms. Green advised that the County acquired four dwellings as part of the transaction for the property for the Center for Research and Technology (CRT). She further advised that three of the houses have been demolished; but the fourth house, a log cabin in good condition, has been rented out until recently when the tenant purchased a house. She stated that the cabin is located on Glenvar Heights Boulevard at the far southeast corner of the property and the area behind it provides access to the CRT site in case of emergency. She reported that staff believes the presence of a tenant in the log cabin increases the security at the back entrance to the CRT property. 706 August 14, 2007 Ms. Green advised that the cabin was advertised for rent to County employees through email. She reported that staff interviewed aU prospective tenants who completed applications, and made a decision to offer the cabin to one applicant based on a variety of factors, including rental and employment history, and the ability to maintain the surrounding grounds. She advised that the name of the applicant will be filled in on the ordinance for the second reading. Ms. Green advised that in order to maintain upkeep at the cabin, the rental income in the past has been placed in a special fund. She stated that this has worked well and the fund was recently used to prepare the house for new occupants. She added that because the well may have to be replaced in the near future and a connection made to County sewer, staff recommends that this funding mechanism be continued. Ms. Green advised that the cabin will rent for $700.00 per month or $8,400 per year and that this money will replenish the maintenance account for the facility and provide for future needs. Ms. Green further advised that staff recommends that the Board approve this first reading of the ordinance and place this item for second reading at the August 28,2007, meeting of the Board of Supervisors. There was no discussion on this item. Supervisor Church moved to approve the first reading and set the second reading for August 28, 2007. The motion carried by the following recorded vote: August 14, 2007 707 Supervisors Wray, Church, Altizer, Flora, McNamara None 3. First readina of an ordinance authorizina the vacation of .! riaht- of-way desianated as Wentworth Road, as shown on the Plat of City View Heiahts Add., Section No. ~ Windsor Hills Maaisterial District. (Tarek Moneir, Deputy Director of Development) Mr. Moneir gave a brief Power Point on this item. He advised that this petition was unusual in that not all the adjacent property owners were in agreement with the petitioner's request. He reported that David B. Bullington, Esq. ot the Bullington Firm, a professional corporation ot Roanoke County, has requested the vacation of the remaining portion of the Wentworth Road right-ot-way (ROW). He advised that Wentworth Road is a paper street that has never been developed or accepted into the secondary street system. The Wentworth Road ROW was platted as part of the City View Heights Addition Section 3. He added that the same road was re-platted as part ot the Sugar Loaf East subdivision and recorded in Plat Book 7, page 20. He reported that in 1974, the Board approved the vacation of the most eastern portion ot Wentworth Road and that in 1993 and 1996, there were attempts to vacate the remaining portion ot Wentworth Road; however, there was no support trom the neighbors to vacate the road. Mr. Moneir advised that in September 2006, the Board approved a rezoning by the R. Fralin Development Corporation of the property located at the southeast corner ot Wentworth and Route 419 from R-I to C-I to construct two office AYES: NAYS: 708 August 14, 2007 buildings at such corner. He further advised that this development proposed using the vacated Wentworth Road property as access for this new development. County departments and local utility companies were contacted concerning the vacation. Appalachian Power Company and Verizon Wireless requested to retain a public utilities easement for future use. Mr. Moneir advised that Mr. Bullington submitted a request to vacate the subject ROW proceeding under Virginia Code 9 15.2-2272(2), which does not require agreement of adjoining lot owners. He added that when Roanoke County vacates a ROW, the property is divided evenly and combined with the abutting properties, as provided in section 15.2-2274 of the Code of Virginia. He reported that three adjoining property owners (Kraiges, Simmons, and Plasters) object to the vacation and to the ownership of one-half of the vacated portion of the land. He stated that the petitioner, Mr. Bullington, indicated that he is willing to establish a 20 foot wide access easement dedicated to use as access by the neighbors, leaving the question of splitting the ROW among the adjoining owners open for discussion. Mr. Moneir advised that there would be no financial impact to the County and that the cost and expenses (survey and recordation costs) associated with this vacation will be the responsibilities of the petitioner. Mr. Moneir advised that Staff has devised three alternatives for the Board's consideration: (1) deny the request as submitted due to the objections of the affected property owners; (2) approve the first reading of the proposed ordinance August 14, 2007 709 authorizing the vacation of the ROW subject to the petitioner reaching agreements with the objecting parties prior to the public hearing and retaining a public utility easement of at least 15 feet along the center of current road; and (3) vacate only 275 feet portion of the road closest to Route 419 and dedicate it to petitioner. He added that as a condition of vacating the road, the petitioner shall designate 20 feet along the entire vacated portion of the road as an access easement for the benefit of the property owners east of the aforementioned vacated portion. Mr. Moneir advised that staff recommends alternative 2 or alternative 3. He reported that if these recommendations are not acceptable to the parties, staff recommends that the Board proceed with the scheduled public hearing and second reading of this ordinance; but take no action and refer this item to the Planning Commission for further discussion. He added that the recommendations from the Planning Commission would be brought back to the Board for final action at future meeting. In response to Supervisor Flora's inquiry, Mr. Moneir confirmed that the dedicated ROW is not on the tax roles. Supervisor Flora suggested going forward to the public hearing and making a decision at that time rather than requiring the petitioner to come to an agreement with adjoining property owners. Supervisor McNamara inquired if there had been any correspondence with neighbors. Mr. Moneir responded that one of the adjoining property owners had responded that he is interested in the third alternative. Supervisor McNamara 710 August 14, 2007 suggested that the application be allowed to go through the customary process, and he noted that no applications for vacations have been denied during his tenure on the Board. Supervisor McNamara moved to approve the first reading and set the second reading and public hearing for August 28, 2007. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 4. First readinQ of an ordinance authorizinQ the vacation of an unimproved riQht-of-wav shown as Nelms Lane on Map No. 1 of Woodbury Gardens, Hollins MaQisterial District. (Arnold Covey, Director of Community Development) Mr. Covey advised that Ashley L. West and Willie F. Reese Jr. both residents of the City of Roanoke and Cheryl D. Nicely and Tammy L. Pentecost both residents of Roanoke County have requested the vacation of the right-of-way (ROW) shown as Nelms Lane on Map No. 1 of Woodbury Gardens that was dedicated by the plat of record in Plat Book 3, Page 114 and Plat of the Hearthstone Addition that was dedicated by the plat of record in Plat Book 3, Page 145 to the Board of Supervisors of Roanoke County. He further advised that the ROW is located between Hearthstone Road and Woodbury Street adjacent to the four parcels owned by the said petitioners. August 14, 2007 711 He reported that the portion of Nelms Lane that is proposed to be vacated is a "paper street", and it has not been improved. Mr. Covey advised that the petitioners desire to use their portions of the aforementioned right-of-away for improvements to their property. He added that once this right-of-way is vacated, the property will be divided evenly and combined with the abutting properties, as provided in Section 15.2-2274 of the 1950 Code of Virginia. He reported that there are no adjoining landowners or other persons that will be affected by th is action. Mr. Covey advised that County Departments and local utility companies were contacted concerning the vacation. He reported that Appalachian Power Company and the Western Virginia Water Authority requested to retain a public utility easement for their utilities present in the existing ROW. He stated that other utility companies contacted had no objection to the paper street being vacated. Mr. Covey advised that staff recommends that the Board adopt the proposed ordinance as written. In response to an inquiry from Supervisor Flora, Mr. Covey advised that the adjacent property owners had been notified and had signed the petition. He added that although some of the petitioners were located in the City of Roanoke, the ROW is in the County. 712 August 14, 2007 Supervisor Church advised that he had received a letter and photographs regarding this petition and that he had shown the photographs to some of the other Board members. He added that approving the vacation was the right thing to do. Supervisor Flora moved to approve the first reading and set the second reading and public hearing for August 28, 2007. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Wray, Church, Altizer, Flora, McNamara None 5. First readina of an ordinance to amend the Roanoke County zonina ordinance to allow public parks and recreational areas as !rl riaht uses in the 1:1 Industrial District and the 1-2 Industrial District. (Philip Thompson. Deputv Director of Plannina) Mr. Thompson advised that the Roanoke County Zoning Ordinance allows public parks and recreational areas as a by right use in all zoning districts (agricultural, residential, commercial, and the planned technology development districts) except for the 1-1 Industrial and 1-2 Industrial zoning districts. He further advised that the County has developed a master plan for park and recreation facilities which was recently approved by the Board and that this master plan identifies the need for more indoor and outdoor parks and recreation facilities in the County including continued development of greenways and trails as well as a multi-generational recreation center. He stated that August 14, 2007 713 amending the zoning ordinance would increase the flexibility the County would have in locating new public parks and recreational facilities. Mr. Thompson advised that at their June 26, 2007, meeting; the Board adopted a resolution initiating an amendment to the Zoning Ordinance to allow public parks and recreational areas as a by-right use in the 1-1 Industrial and 1-2 Industrial zoning districts. He reported that the Planning Commission held a public hearing on the proposed amendment on August 7, 2007, and recommended approval. He further advised that the second reading and public hearing of the proposed amendment would be held on August 28, 2007. Supervisor Wray inquired how many parcels are zoning 1-1 and 1-2. Mr. Thompson responded that there were approximately 1,800 parcels zoned 1-1 and 1-2 consisting of approximately 21,000 acres. In response to Supervisor Altizer's inquiry, Mr. Thompson advised that there were a few County parks currently located in the 1-1 and 1-2 zoned areas. Supervisor McNamara moved to approve the first reading and set the second reading for August 28,2007. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 6. First readina of an ordinance to amend the Roanoke County zonina ordinance to update the County's floodplain ordinance. (Philip Thompson, Deputy Director of Plannina) 714 August 14, 2007 Mr. Thompson advised that as part of the Federal Emergency Management Agency's (FEMA) map modernization process, the County entered into an agreement with FEMA to update its floodplain ordinance once a flood insurance study (FIS) and flood insurance rate map (FIRM) were completed. He further advised that the study and map have been completed. He reported that as part of the process, the County's floodplain ordinance was also reviewed by the National Flood Insurance Program (NFIP) state coordinator and certain changes were recommended. He added that in June, the County received a letter from FEMA stating that the floodplain ordinance had to be amended by September 28,2007. Mr. Thompson advised that the proposed amendment to the Floodplain Overlay (FO) District changes the date of the Flood Insurance Study to September 28, 2007, and adds a special floodplain designation to the overlay district. He stated that the Planning Commission held a public hearing on the proposed amendment on August 7,2007, and recommended approval of the proposed amendment. He reported that the second reading and public hearing of the proposed amendment would be held on August 28, 2007. There was no discussion on this item. Supervisor McNamara moved to approve the first reading and set the second reading for August 28,2007. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None August 14, 2007 715 INRE: SECOND READING OF ORDINANCES 1: Second readina of an ordinance authorizina the relocation of an electric line at Camp Roanoke and arantina of ! riaht-of-wav easement throuah property owned ~ the Roanoke County Board of Supervisors at Camp Roanoke, Catawba Maaisterial District. (Pete Haislip, Director of Parks, Recreation, and Tourism) 0-081407-10 Mr. Haislip advised that there were no changes to the ordinance since the first reading, and he further advised that this was a result of a safety recommendation. He reported that this is a standard request for this type of relocation for American Electric Power. There was no discussion on this item. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None ORDINANCE 081407-10 AUTHORIZING THE RELOCATION OF AN ELECTRIC LINE AT CAMP ROANOKE AND GRANTING OF A RIGHT- OF-WAY EASEMENT THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS AT CAMP ROANOKE (TAX MAP NO. 83.00-01-16) CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a parcel of land containing 85.05 acres off Dry Hollow Road in the County of Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map No. 083.00-01-16.00-0000; and 716 August 14, 2007 WHEREAS, Appalachian Power Company has requested the conveyance of a new right-of-way easement in Camp Roanoke in response to the Department of Parks, Recreation and Tourism's request for the relocation of an overhead electrical line currently located within the Camp's main activity area to a location outside of the Camp's main activity area; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including easements, shall be accomplished by ordinance; the first reading of this ordinance was held on July 24, 2007, and the second reading was held on August 14, 2007. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus and are hereby made available for other public uses by conveyance to Appalachian Power Company for a new right-of-way easement in Camp Roanoke for the relocation of an overhead electrical line currently located within the Camp's main activity area to a location outside of the Camp's main activity area. 2. That conveyance to Appalachian Power Company of a right-of-way easement as shown and described on "Proposed Right Of Way On The Property Of Board Of Supervisors Of Roanoke County, Virginia" prepared by the Appalachian Power Company dated May 29, 2007, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts as payment for the right-of-way easement the sum of one dollar ($1.00). 4. That the County Administrator, or any assistant county administrator, 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 Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None INRE: APPOINTMENTS 1. Capital Improvement Proaram (CIP) Review Committee (Appointed ~ District) August 14, 2007 717 Chairman McNamara advised that the following one-year terms will expire on August 31,2007: (1) King Harvey, Catawba District; (2) James T. Anderson, Cave Spring District; (3) Steven A. Campbell, Hollins District; and (4) Brian Garber, Windsor Hills District. He reported that Steven A. Campbell is willing to serve an additional term and that confirmation of his appointment has been placed on the Consent Agenda. 2. Clean Vallev Council Chairman advised that the two-year term of Dennis "Chip" Harris expired on June 30, 2007. 3. Economic Development Authority Chairman McNamara advised that Craig W. Sharp, who lives in the Vinton District, has submitted his resignation effective at such time as a replacement may be appointed or at the end of August 2007. He added that Mr. Sharp's three-year term will expire September 26, 2010. 4. Grievance Panel Chairman McNamara advised that the three-year term of R. Vincent Reynolds will expire on September 10, 2007. 5. Reaional Stormwater Manaaement Committee Chairman McNamara advised that the Roanoke Valley-Alleghany Regional Commission has requested that the County appoint a Board member to serve on its Regional Stormwater Management Committee. He further advised that the Commission has requested that the name of the County's representative be forwarded 718 August 14, 2007 to Wayne Strickland at the Regional Commission by August 17, 2007, and that the initial meeting of the Regional Stormwater Management Committee will be held in early September 2007. 6. Western Virainia Water Authority Board of Directors Chairman McNamara advised that the three-year term of Elmer C. Hodge expired on June 30,2007. INRE: CONSENT AGENDA R-081407-11, R-081407-11.a, R-081407-11.b, R-081407-11.c Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 081407-11 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 August 14, 2007, 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 3, inclusive, as follows: 1. Resolutions of appreciation to the following individuals upon their retirements; (a) Carol J. Reynolds, Commissioner of Revenue's Office, after twenty years of service (b) Betty S. Hale, Sheriff's Office, after fourteen years of service 2. Acceptance of Fieldview Drive and a portion of Cortland Road into the Virginia Department of Transportation secondary system 3. Confirmation of committee appointment August 14, 2007 719 That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Altizer, and carried by the following recorded vote: AYES: NAYS: Supervisors Wray, Church, Altizer, Flora, McNamara None RESOLUTION 081407-11.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO CAROL J. REYNOLDS, COMMISSIONER OF THE REVENUE'S OFFICE, UPON HER RETIREMENT AFTER TWENTY YEARS OF SERVICE WHEREAS, Carol J. Reynolds was employed by Roanoke County on November 4, 1986, in the Commissioner of the Revenue's Office; and WHEREAS, Ms. Reynolds retired from Roanoke County on July 31, 2007, as a Real Estate Tax Clerk II, after twenty years and nine months of service; and WHEREAS, Ms. Reynolds assisted with the Real Estate Tax Relief Program and classified for taxation tangible personal property owned by certain elderly and disabled persons in the County of Roanoke and the Town of Vinton, and provided assistance to those citizens with their annual application process and maintenance of records for meeting these qualifications; and WHEREAS, Ms. Reynolds successfully entered assessment, mapping, zoning, and classification changes into the computer system to accurately maintain the County's records which are required for the equitable assessment of real estate; and WHEREAS, Ms. Reynolds, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to CAROL J. REYNOLDS for more than twenty 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 081407-11.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO BETTY S. HALE, SHERIFF'S OFFICE, UPON HER RETIREMENT AFTER FOURTEEN YEARS OF SERVICE 720 August 14, 2007 WHEREAS, Betty S. Hale was employed by Roanoke County on July 26, 1993, in the Sheriff's Office as a deputy sheriff - medical; and WHEREAS, Deputy Sheriff Hale retired from Roanoke County on August 1, 2007, after fourteen years of service; and WHEREAS, Deputy Sheriff Hale provided medical training for the Roanoke County Sheriff's Office personnel; and WHEREAS, the public safety of Roanoke County citizens is assured by dedicated employees such as Deputy Sheriff Hale; and WHEREAS, Deputy Sheriff Hale is highly respected by her co-workers in the Sheriff's Office for her dedication and teamwork; and WHEREAS, Deputy Sheriff Hale, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to BETTY S. HALE for fourteen 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 081407-11.c REQUESTING ACCEPTANCE OF FIELDVIEW DRIVE AND A PORTION OF CORTLAND ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition Form LA- 5(A) , fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA-5(A) to the secondary system of state highways, August 14, 2007 721 pursuant to 933.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. 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. Moved by: Seconded by: Yeas: Nays: Supervisor Altizer None Required Supervisors Wrav. Church, Altizer. Flora. McNamara None INRE: CITIZEN'S COMMENTS AND COMMUNICATIONS Christina P. Kocher, 3438 South Park Circle, advised that she is a realtor and the general manager of The Cellar Restaurant, a homeowner, and voter. She further advised that this Board has damaged the reputation of her establishment. She reported that it is a known fact that a relative of a Board member lives on the street behind the restaurant and that many allegations have been made directly to the Board with no proof. She added that no investigation was made until after the Board tried to declare the restaurant a public nuisance, and the adverse publicity has damaged our business. She reported that Ms. Brown has tried everything she can to resolve the issues including giving her home phone and cell phone numbers to the citizens making the complaints. She advised that Ms. Brown received one phone and the problem was corrected. 722 August 14, 2007 Ms. Kocher reported that she had been assured by the County Attorney that the issues had been resolved and the complaints had been corrected; however we are still being harassed by the County. Ms. Kocher stated that The Cellar has received a letter from the County concerning the small signs the restaurant had put up advertising its lunch specials that stated that the establishment would be fined if the signs were not removed; however, several other businesses also have small signs along Brambleton Avenue. Ms. Kocher reported that County police have been instructed to fight us every chance they can as reported to Ms. Brown by a police officer whose badge number is 844. She stated that this harassment has to stop; we are losing business because of this. She added that she does not understand why this is happening. IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None .1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaency 4. Telecommunications Tax Comparison Report August 14, 2007 723 INRE: 5. Statement of the Treasurer's Accountability per Investment and Portfolio Policv as of February 28. 2007 REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Flora: (1) He reported that police have been called twice in the last six weeks to a location on Dexter Road adjacent to a day care center, and he requested that Mr. Hodge and Mr. Mahoney investigate the situation. He added that the employees of the day care center are very concerned. Supervisor Wrav: (1) He advised that he had attended a ribbon cutting ceremony for Mennel Milling in Southwest County earlier in the day and that the Mill is holding an open house from 4:00 p.m. to 7:00 p.m. this evening. He reported that the Mill was very responsive to the concerns of the citizens as they relocated their business to Roanoke County, and he thanked the citizens in the area for their patience during the construction process. (2) He requested that Mr. Hodge provide an update on VDOT projects after his meeting with VDOT later in the week. Supervisor Church: (1) He requested that Mr. Covey investigate a report from a citizen concerning excess vegetation along Fort Lewis Road. (2) He reported that he had also received a call concerning the situation on Dexter Road. He added that he had been informed that weapons were involved and that this situation has the potential to lead to tragedy. (3) He reported that he was saddened to read about the death of Serviceman Jesse G. Clowers Jr. who lost his life recently in the Mid East a matter of weeks before he was due home, and he added that his prayers are with the 724 August 14, 2007 Clowers family during this time of sorrow. (4) He reported that he makes it a practice to thank our service men and women for keeping America safe and suggested others adopt this practice as well. Supervisor Altizer: (1) He requested a brief meeting with Mr. Covey following the Board meeting. (2) He advised that he had attended the Advanced Citizens Police Academy graduation recently along with two other Board members. He encouraged citizens to take advantage of the citizens' police academy program as it is a good opportunity to learn about local law enforcement. Supervisor McNamara: (1) He requested that Mr. O'Donnell investigate the available options for upgrading the Bottomcreek Road area's internet service. (2) He reported that the lot on Kentland Drive which is frequently overgrown is in need of mowing again and requested that Mr. Hodge look into the matter. IN RE: CLOSED MEETING At 5:17 p.m., Supervisor McNamara moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711.A (30) discussion of the award of a public contract involving the expenditure of public funds and discussion of the terms or scope of such contract, namely, the comprehensive agreement for the multi-generational recreation facility, where discussion in open session would adversely effect the bargaining position or negotiating strategy of the County; Section 2.2-3711.A (30) discussion of the award of a public contract with the Economic Development Authority and English Construction involving the expenditure of August 14, 2007 725 public funds and discussion of the terms or scope of such contract, namely, a performance agreement for the development of a new business park, where discussion in open session would adversely effect the bargaining position or negotiating strategy of the County; and Section 2.2-3711.A (3) discussion of the acquisition of real estate for public purposes from English Construction of approximately 12 acres of real estate for the development of the multi-generational recreation facility, where discussion in open session would adversely effect the bargaining position or negotiating strategy of the County. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None The closed meeting was held from 8:48 p.m. until 9:40 p.m. WORK SESSIONS 1.: Joint work session with the Roanoke County School Board. (Elmer Hodae. County Administrator; Diane Hvatt. Chief Financial Officer; Brent Robertson. Director of Manaaement and Budaet) The work session was held from 5:55 p.m. until 8:10p.m. The following County staff members were present: Elmer Hodge, County Administrator; Diane Hyatt, Chief Financial Officer; Brent Robertson, Director of Management and Budget; and Arnold Covey, Director of Community Development. Also present were School Board members: Chairman Marion G. Roark, Vice-Chairman Jerry L. Canada; C. Drew Barrineau; William A. Irvin, III; Michael W. INRE: 726 August 14, 2007 Stovall. The following School staff members were present: Dr. Lorraine Lange, School Superintendent; Tom Hall, Deputy Superintendent of Personnel; Allen W. Journell, Assistant Superintendent of Administration; Penny Hodge, Assistant Superintendent of Finance; Dr. Martin W. Misicko, Director of Operations; Brenda Chastain, Clerk; and Darlene Ratliff, Deputy Clerk. Members of the Community Development staff gave a Power Point presentation on growth development and planning in Roanoke County. Mr. Covey advised that Mr. Moneir and Mr. Thompson prepared the presentation in cooperation with Mr. Journell and with the assistance of Nicole Gilkeson, Planner II, and Gary Coleman, GIS Coordinator. Mr. Covey further advised that the data being presented does not support any definite conclusions concerning future growth patterns. Mr. Covey presented an overview of the methods used to disseminate development and growth information to the Schools. Mr. Moneir presented an analysis of housing developments currently under review by the County, and Mr. Thompson presented growth trends based on US census data and the number of residential rezoning and special use permits approved from 2000 to 2006. There was a general discussion of growth trends in County population and school membership focusing on the possible driving forces responsible for those trends. Dr. Misicko advised that Northside High School is currently undergoing a $28 million comprehensive renovation. He further advised that all minor Schools capital projects will be completed this summer. Dr. Lange advised that the Schools Capital August 14, 2007 727 Improvement Program (CIP) has not been revised and is posted on their website. She reported that the School Board would review the Schools CIP at their next work session. Dr. Misicko advised that the Astroturf installation at Bogle Field is still underway. He reported that the tentative completion date for the project is now August 22, 2007, but that the project may not be finished until August 30, 2007. He added that if the Astroturf installation is not completed by August 26, 2007, it will be necessary to find another venue for scheduled sporting events. County staff gave a Power Point presentation on the status of the County CIP including (1) the North County fire station; (2) digital radio upgrade; (3) fleet maintenance facility; (4) multigenerational recreation center and North County business park; (6) South County Library and (7) the Route 220 water line to Franklin County. The presentation included the scope, current status, and funding for each project. The acquisition of land for future capital projects was discussed. Dr. Lange advised that Schools have purchased the Poage property and are looking at property in North County for future needs. The concept of the County and Schools working together to purchase property jointly for future capital needs was discussed. In response to Dr. Lange's inquiry, Mr. Hodge advised that he is willing to work with the Schools to acquire property for future capital needs; and he requested that each Board provide direction to their respective staffs. Mr. Canada suggested hiring a land architect to assist in this endeavor with the cost shared by the County and Schools. It was the 728 August 14, 2007 consensus of both Boards that staff move forward and provide a progress report in six to eight weeks. The renovation of the former Southview School was discussed. Dr. Lange advised that she wanted to determine how much funding the County was willing to contribute toward the renovation per the 2004 agreement that the County would provide financial assistance for the renovation of Southview and receive the former Roanoke County Career Center after the Schools vacate that facility in return. She added that Roanoke County Middle School needs a new facility and that the Schools plan to move the middle school into Southview after it is renovated. She reported that the estimated cost of the renovation is $7 million, but it may be possible to complete the renovation for less. Dr. Lange advised that the principal of Roanoke County Middle School was present to answer questions. There was a general discussion concerning the suitability of renovating Southview for continued use as a school, the possibility of the State forensics lab acquiring the property, when the renovation would be undertaken, and where the funds would be found for the renovation. Mr. Stovall advised that he had been approached by a party interested in purchasing the Roanoke County Career Center. Supervisor Flora suggested preparing a cost estimate for renovating the property and comparing it to the estimated sale price to determine the best course of action to take regarding the property. Dr. Lange agreed to do so. August 14, 2007 729 Mr. Barrineau requested the Board of Supervisors consider increasing CIP funding contributions. He reported that the Schools have multiple capital needs, and he suggested that the incremental contributions to the funding stream be increased in years with good revenue. County and Schools CIP priorities were discussed as well as the effect the $300 million shortfall in the next State budget cycle could have on revenues. Supervisor McNamara stated that the CIP funding stream should be reexamined due to the number of CIP projects that are scheduled to begin in the near future. Mr. Hodge advised that County and Schools staff will discuss this further. Mr. Barrineau advised that the cost of the Astroturf installation at Bogle Field is $850,000, and he reported that the Schools would like to establish a reserve account to pay for turf replacement in the future. He added that if the County is interested in using the field, the Schools would like the County to contribute toward the cost of turf replacement. Pete Haislip, Director of Parks, Recreation, and Tourism, responded that the County is interested in utilizing Bogle Field, and he advised that he would review the draft memorandum of understanding for the use of the field and respond to Mr. Journell. In response to a request from Mr. Hodge, Mr. Barrineau advised that the Schools would prepare a field schedule for the County to review to determine how the field could be utilized by the Parks and Recreation Department. Ms. Roark advised that the memorandum of understanding for the use of Bogle Field would be discussed at the School Board retreat and suggested that Mr. Haislip attend that portion of the retreat. She reported that responding to Governor 730 August 14, 2007 Kaine's plan for universal preschool if it is approved and teachers' salaries were future topics for consideration. 2. Work session to discuss multi-aenerational recreation center proiect development proaress. (Dan O'Donnell. Assistant County Administrator) The work session was held from 8:25 p.m. until 8:48 p.m. The following County staff member was present: Dan O'Donnell, Assistant County Administrator. Others present were: Warren Walker, Construction Dynamics Group; Doug Westmoreland, First Choice Public Private Partners; and Alan Hamblen, English Construction. Mr. O'Donnell provided the background for the project and gave an overview of the project's progress to date. He advised that negotiations were nearing completion on the tentative comprehensive agreement which would be discussed with the Board during closed session later in the meeting. He further advised that once the Board authorizes the County Administrator to approve the agreement, a public notice of tentative comprehensive agreement must be posted at least ten working days prior to the agreement being considered by the Board; and that the earliest the Board could vote to approve the project is the August 28, 2007, Board meeting. He reported that once the agreement has been approved, design development can begin. Mr. Walker reviewed the typical PPEA project's cost life cycle. He advised that the comprehensive agreement would provide cost control measures and that August 14, 2007 731 competitive bidding would be incorporated during the later stages of the project. Mr. O'Donnell advised that First Choice Public Private Partners is comprised of English Construction and Moseley Architects and introduced Doug Westmoreland, the project architect. Mr. Westmoreland reviewed the early conceptual phase of the design. In response to an inquiry from Supervisor Altizer, Mr. Westmoreland advised that the site for the center is 12 acres. He stated the project's vision, reviewed the project's components, and presented the site concept plan and conceptual drawings of the facility. Mr. Hamblen advised that his firm planned to use local firms as subcontractors during the construction phase of the project and that he believed it was important to involve the community. In response to an inquiry from Supervisor Church, Mr. O'Donnell advised that there were three components to this project and that these would be discussed further during the closed meeting later in the meeting. IN RE: CERTIFICATION RESOLUTION R-081407-12 At 9:41 p.m., Supervisor McNamara moved to adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None ----_._".__._---_..~-_._------,----_._---_.,---_._- 732 August 14, 2007 RESOLUTION 081407-12 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None INRE: ADJOURNMENT Chairman McNamara adjourned the meeting at 9:42 p.m. until Wednesday, August 22, 2007, at 12:00 p.m. for a joint meeting with Roanoke City Council and the Roanoke Valley Resource Authority at the office of the Roanoke Valley Resource Authority, 1020 Hollins Road, Roanoke, Virginia 24012. Mary . randt, CPS Assi t nt Deputy Clerk Approved by: /~~ s ph P. McNamara airman