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12/4/2007 - Regular December 4, 2007 1105 Former Roanoke County Public Safety Center 3568 Peters Creek Road Roanoke, Virginia 24019 December 4, 2007 The Board of Supervisors of Roanoke County, Virginia met this day at the former Roanoke County Public Safety Center, this being the first Tuesday and the first regularly scheduled meeting of the month of December 2007. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:02 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; Mary V. Brandt, Assistant Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Reverend Audette Fulbright, Unitarian Universalist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney requested that a closed meeting be added pursuant to the Code of Virginia Section 2.2-3711.A (7) for consultation with legal counsel and briefings 1106 December 4, 2007 by staff members pertaining to probable litigation; namely, enforcement of proffered conditions with Front Street Construction. IN RE: PUBLIC HEARING 1. Public hearina to receive citizen comments reaardina ! DroDosed amendment to the fiscal year 2007-2008 budaet in accordance with Section 15.2-2507. Code of Virainia. (Brent Robertson. Director of Manaaement and Budaetl Mr. Robertson advised that this public hearing is to receive citizens' comments concerning the amendment of the fiscal year 2007-2008 budget by adjusting the aggregate amount to be appropriated during the fiscal year. Mr. Robertson reported that as required by Section 15.2-2507 of the Code of Virginia, the County published the required notice of a meeting and public hearing which included a brief synopsis of the proposed budget amendments. He stated that this notice was published in the Roanoke Times on November 27, 2007. Mr. Robertson advised that the amendments to the budget are as follows: (1) request to appropriate grant funds in the amount of $797,940 for the Andrew Lewis Place sewer line; (2) request to appropriate $110,000 grant for the Mudlick Creek urban stream restoration at Garst Mill Park; and (3) request to appropriate $175,000 for architect/engineering fees for renovations to the former Southview Elementary School Mr. Robertson advised that the appropriation requests will occur later on the agenda. December 4, 2007 1107 There were no citizens to speak on this item, and there was no discussion. BRIEFINGS 1. Briefino and presentation .Iri Virainia Amateur Sports. Inc.. on the 2007 Coventry Commonwealth Games of Virainia. (Pete Lampman. President of Virainia Amateur Sports. Inc.) Mr. Lampman advised that the 2007 Coventry Commonwealth Games were very successful. He thanked the Parks, Recreation, and Tourism Department for their cooperation and the use of County park facilities. He presented a brief summary of the economic impact of the games on the Roanoke Valley in 2007 and reported that the event brought in approximately $3.5 million in local revenue. Mr. Lampman reviewed the demographics of the athletes who participated in the games. He advised that next year's games would be held in July 2008 and presented a plaque to the Chairman in recognition of the County's support for the IN RE: games. IN RE: The members of the Board thanked Mr. Lampman for his briefing. NEW BUSINESS 1. Reauest to adoDt ! policy for the arantina of easements across County property. (Paul Mahoney. County Attornev) A-120407 -1 Mr. Mahoney reported that he has drafted a policy for computing easement values as requested by the Board. He reported that this policy and the 1108 December 4, 2007 accompanying fee schedule were prepared in cooperation with the Department Heads who would be impacted by the policy and after reviewing other counties' policies. He advised that this new policy focuses primarily on the Parks, Recreation, and Department since recent requests have been for easements across County parks. Mr. Mahoney advised that a series of fees was prepared to pay for the significant amount of staff time necessary to evaluate easement requests. He stated that the minimum fee will be $2 per square foot based on the value of County property which he estimated to be $86,000 per acre. Mr. Mahoney' reported that he tried to include a certain amount of flexibility in the policy since each request is different and to take into consideration the revenue potential of County property. Mr. Mahoney advised that the policy contains a typographical error in the third paragraph of Item 3 and stated that the phrase uin-kind" should be deleted. He reported that in-kind public improvements are addressed later in the policy. Mr. Mahoney added that a party requesting an easement may be willing to perform in- kind improvements to County property and that the Board may want to consider in-kind improvements as an additional form of compensation. In response to Supervisor Flora's inquiry, Mr. Mahoney advised that the current method of determining the value of an easement is to take 40 percent of the tax- assessed value. He added that in many instances easements were for water or sewer lines; therefore, they do not require a full fee simple taking of property. December 4, 2007 1109 Supervisor Flora inquired if it would be possible to collect less revenue with the new policy than with the method currently in use. Mr. Mahoney responded that could be the case, but he added that the fees collected under the new policy would make up the difference. He noted that the County would also have the option to hire an independent appraiser to assist in determining the value of an easement. Supervisor Flora reported that his only concern is that the County could possibly collect less revenue under the new policy than by using the current valuation. Supervisor Altizer noted that under current method of determining value, the County does not recoup the expense for staff time. He added that he is concerned that the County may not collect as much revenue with the new policy as with the current method. He concluded that this policy is a step in the right direction and that it could be revised if it does not function as expected. Supervisor Wray advised that he also has concerns that the revenue collected under the new policy may be less than the 40 percent of assessed value collected using the existing method. In response to Supervisor McNamara's inquiry, Mr. Mahoney advised that this method of determining the value of easements is a policy that could be revised at the Board's discretion. Supervisor McNamara asked if the County would follow the same policy when it required an easement. Mr. Mahoney responded in the affirmative. He added that citizens frequently donate easements when the County requests them such as 1110 December 4, 2007 drainage easements since they benefit from the work the County does. He stated that there is an in-kind value when the County does the work on drainage easements. Supervisor McNamara inquired what the Western Virginia Water Authority pays for easements. Mike McEvoy, Executive Director of Wastewater Operations for the Authority, responded that the Authority pays approximately 20 percent for an easement but that there have been occasions when it has had to pay more. Supervisor McNamara reported that he is concerned that the required fees could increase the cost of easements that benefit the citizens. Supervisor Altizer moved to approve the staff recommendation (adopt the policy for the granting of easements across County property). The motion was carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 2. Reauest to acceot ! J797.940 arant from the Southern Rivers Watershed Enhancement Proaram and aoorooriation of arants funds to the Western Virainia Water Authority for the extension of sanitary sewer in the Andrew Lewis Place Neiahborhood. (Elmer Hodae. County Administrator: Mike McEvoy. Executive Director of Wastewater Ooerations. Western Virainia Water Authority) A-120407 -2 December 4, 2007 1111 Mr. Hodge advised that Mike McEvoy, Executive Director of Wastewater Operations, Western Virginia Water Authority, was present to answer questions. He reported that the grant has been awarded; however, he reported that as a condition of the grant, 80 percent of the eligible households must agree to participate in the project before grant funds will be disbursed. He advised that the County and 'the Authority will hold a community meeting on December 16, 2007, to discuss the project and determine how many households are willing to commit to the project. Mr. Hodge advised that the homes in the Andrew Lewis Place neighborhood are on septic systems which are failing due to age. He stated that of approximately 100 homes in the neighborhood, 41 are eligible to participate in the project due to their location in the area most impacted by failing septic systems. He advised that this grant will lessen the financial burden for those citizens. Mr. Hodge stated that if this phase of the project is successful, the County and the Authority will apply for additional grants to further extend the sewer line. Mr. Hodge advised that the County will have to certify that 80 percent of the households within the project's parameters have agreed to participate and that the deadline for this certification is February 13, 2008. He reported that Supervisor Church and representatives of the Authority will attend the community meeting on December 16. Mr. Hodge advised that the Authority is asking that the County allocate $25,000 to the project at a future date if the Board approves the project. 1112 December 4, 2007 Mr. McEvoy advised that the design work is nearing completion. He reported that the Authority provided this work as an in-kind contribution to the project. He stated that the grant funds will pay for the public portion of the sewer extension and that the Authority has prepared a financing package for homeowners. He added that 20 of the 41 homes have been surveyed to determine if the necessary plumbing could be installed. He added that the Authority is working with the Virginia Department of Transportation (VDGT) since the sewer line will be located in the center of the roads. Mr. McEvoy advised that the Authority averaged the estimated costs of installation to determine the approximate cost to a homeowner participating in the project. He advised that the portion covered by the Authority's financing package would be added to the homeowner's monthly bill leaving a balance of $1,250 payable up front by the homeowner. He reported that without the grant, the cost to a homeowner would be approximately $20,000. In response to Supervisor Altizer's inquiry, Mr. McEvoy reported that the grant funds will cover the public portion of the sewer line. Supervisor Church thanked Greg Reed and the Authority's staff for their work on the project. He advised that many of the homeowners in Andrew Lewis Place are retired and this will be a big help to them. He requested that the homeowners eligible to participate come to the community meeting to learn more about the project. December 4, 2007 1113 Supervisor McNamara stated that this is a good opportunity for the homeowners in that neighborhood, and he thanked the Authority for its work on the project. Supervisor Church moved to approve the staff recommendation (authorize the acceptance of the grant for the extension of sanitary sewer in Andrew Lewis Place neighborhood; appropriate the grant funds to the WVWA for the bidding, construction and administration of this grant project; and authorize the County Administrator or his designee to execute such documents as may be necessary to accomplish the purposes of this project upon form approved by the County Attorney) AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 3. Reauest to acceDt and aDDroDriate arant funds in the amount of J110.000 from the Virainia OeDartment of Conservation and Recreation (OCR) for the Mudlick Creek Urban Stream Restoration Proiect in Garst Mill Park. (Georae W. SimDson. llh County Enaineer) A-120407-3 Mr. Simpson introduced Scott Lowe, Brennan Snyder-Collier, and Carolyn Browder-Keeler of McCormick and Taylor Inc., the consultants for the project. He advised that Kafi Nophlin, a civil engineer with the Community Development 1114 December 4, 2007 Department, and Lon Williams, a parks planner with the Parks, Recreation, and Tourism Department, were also present to assist with the presentation. Mr. Simpson advised that the project to restore Mudlick Creek began with the acquisition of a $230,000 grant from the OCR in 2000 to construct a regional stormwater management facility at the Hidden Valley High School site to address water quantity and quality concerns in the Mudlick Creek watershed. He reported that the County's goal has been to enhance water quality by utilizing sound stormwater management procedures. Mr. Simpson reported that the project consists of the restoration of approximately 2,900 linear feet of stream utilizing natural restoration techniques. He advised that the goal is to reduce pollutant loadings in Mudlick Creek which will also serve to reduce pollutants in the Roanoke River. Mr. Simpson reported that the project is a partnership effort between the Departments of Community Development and Parks, Recreation, and Tourism and that both departments have pledged staff and resources to the project with the majority of the work performed with in-house labor. He reported that the techniques for addressing water quality issues in an urban stream setting may be applied to other areas of the County to improve the environment. Mr. Lowe reviewed the scope of the project and the methods to be used to restore the stream bed. He reported that the project focused on natural methods of restoration and took into consideration the safety of the citizens who use the Park. He December 4, 2007 1115 added that the methods to be used were also cost effective and reviewed the plans for the project. Ms. Snyder-Collier reported that another component of the project is to educate the public on water issues and that materials have been prepared for display at the project site and to distribute to the public throughout County facilities. She reported that signage has also been created that will be placed at the entrance to the park and along the greenway within the park. She advised that she has worked with Teresa Hall, Public Information Officer, and Elaine Bays, RVTV, to develop informational programming. Ms. Nophlin advised that this project is part of the County's outreach efforts to comply with the Virginia Pollutant Discharge Elimination System General Permit requirement to involve the public. She reported that Community Development had inserted a page in the last Parks and Recreation mailer to provide information on the project and suggestions for ways the public can become involved. She stated that this outreach effort is an ongoing one and that Community Development will have more water quality projects in the future that will engage the public. In response to Supervisor Wray's inquiry, Mr. Simpson reviewed the methods and materials that would be used to stabilize the channel of Mudlick Creek. He reported that the current preference is to use a more natural approach in restoring the stream bed. 1116 December 4, 2007 Supervisor McNamara advised that the County has made great progress in the last 15 years in regards to water management. He stated that Garst Mill Park is a great park which is well utilized and commended the project. Supervisor McNamara moved to approve the staff recommendation (accept the grant, appropriate the $110,000 to the project, and authorize staff to continue with Phase II of the project). The motion was carried by the following recorded vote: AYES: NAYS: Supervisors Wray, Church, Altizer, Flora, McNamara None 4. Reauest to aDDroDriate ! maximum of $175.000 to the Roanoke County School Board for architectlenaineerina fees for the renovation of the former Southview Elementary School. (Elmer Hodae. County Administrator) A-120407-4 Mr. Hodge advised that at the November 13, 2007, Board meeting, Roanoke County conveyed the former public safety building (formerly Southview Elementary School) on Peters Creek Road to the School Board. He reported that this conveyance was part of a land exchange with the Schools which traded that property for the parcel on Cove Road where the new Public Safety Center is located. Mr. Hodge stated that the School Board plans to renovate the Southview building and has interviewed architectural firms which have estimated that the design December 4, 2007 1117 work for the renovation can be completed for a maximum of $350,000. He advised that the County has offered to contribute one-half the cost of the architectural and engineering fees for this project up to a maximum contribution of $175,000. He reported that neither the County nor the Schools are obligated to move forward with construction on the basis of this design work. He added that Dr. Lange, Superintendent of Schools, has advised him that this project will have no impact on the Schools' Capital Improvement Program (CIP), and he suggested that the Board schedule a work session with the School Board to review the Schools CIP. It was the consensus of the Board to schedule a joint work session with the School Board in the near future. There was no discussion on this item. Supervisor Church moved to approve the staff recommendation (appropriate a maximum of $175,000 to the Roanoke County School Board for Roanoke County's share of architect/engineering fees for the renovation of the former Southview Elementary School, and request that the School Board provide the Board of Supervisors with an updated CIP that reflects the addition of the Southview renovation project). The motion was carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 1118 December 4, 2007 Resolution adoDtina ! leaislative Droaram for the 2008 session of the Virainia General Assemblv. (Paul Mahonev. County Attornev) Mr. Mahoney advised that after discussing the County's legislative program with the Board at the Board retreat in November 2007 and with Eldon James, the County's legislative liaison, he prepared a draft resolution with nine items for the Board's review. He briefed the Board on the individual items and their relevance, and he requested the Board's comments. Mr. Hodge advised that Item 6 requesting funding for the construction of the Carilion medical center should be revised to better describe the project. He reported that the Alleghany Regional Planning District Commission has recommended that the General Assembly provide financial support for this project and that the medical center would be an economic boost for the County. Mr. Hodge reported that Item 9 requesting funding for the celebration of the 75th anniversary of the Blue Ridge Parkway should also be revised to focus attention on the celebratory nature of the event. He advised that events are being planned throughout Virginia and North Carolina along the Parkway corridor. He added that North Carolina has already appropriated funding for this purpose and that several patrons are ready to sponsor a bill in the General Assembly. Supervisor Church requested the addition of a 10th item to request that the Governor and the General Assembly put limits on the rates that payday lenders are allowed to charge their customers with the consensus of the Board. He reported that December 4, 2007 1119 these companies charge very high interest rates on the loans they offer. He noted that 27 localities have already taken similar action. There was a general discussion regarding the items in the draft resolution, and Chairman McNamara requested that Mr. Mahoney revise the resolution and present it for adoption at the December 18,2007, Board meeting with the consensus of the Board. IN RE: FIRST READING OR ORDINANCES 1. First readina of !!! ordinance reauestina the Economic Development Authority of the County of Roanoke to issue lease revenue bonds to finance various public facility proiects and authorizina the lease and financina lease of certain real estate. (Diane Hvatt. Chief Financial Officer) Ms. Hyatt advised that the Board of Supervisors has approved funding for five County capital projects that involve the issuance of bonds as part of the funding stream. These projects are: (1) the 800 MHz public radio upgrade; (2) a multigenerational recreational facility; (3) the North County fire station; (4) a new County garage; and (5) the South County library. Ms. Hyatt further advised that the total project cost for the five capital projects is $69,242,632. She stated that the County has appropriated funds of $11,151,508 to these projects as a result of the capital financing plan that the Board has implemented leaving a balance of $58,091,124 to be financed through the bond sale. 1120 December 4, 2007 Ms. Hyatt stated that the County would like to issue lease revenue bonds through the Roanoke County Economic Development Authority (EDA). She reported that an ordinance is required to authorize the issuance of these bonds through the EDA and to authorize the lease and financing leases associated with the related real estate. She reported that this ordinance will require a second reading on December 18, 2007. Ms. Hyatt advised that the ordinance authorizes the sale of up to $65 million of bonds which is the maximum amount to allow the underwriters the flexibility to price the bonds to achieve the lowest net cost to the County. She reported that the $65 million would include a debt service reserve fund if required and that the bonds may be sold at a discount. She stated that the debt service reserve fund would not have an impact on the planned debt service requirements since the interest earned on the debt service reserve funds would be used to pay the related interest expense. Ms. Hyatt reported that the EDA will consider a similar resolution at their meeting on December 19, 2007. She stated that the bonds are currently scheduled for pricing mid-January 2008 with the closing at the end of January 2008. She adMised that the current bond market is favorable to the issuance of municipal bonds and that the pricing of the bonds could be moved depending on the market situation. Ms. Hyatt advised that the debt service on the bonds will begin in fiscal year 2008-2009. The debt service will be paid from the following sources: (1) revenues from a partnership with the Western Virginia Water Authority (garage); (2) revenues from the increase in the Fee for Transport (fire station); (3) savings from money to December 4, 2007 1121 Explore Park (multigenerational center); (4) County allocations from the Future Capital Fund established to provide for debt service on capital projects (non-designated); and (5) an incremental $300,000 a year for five years to be funded from the County annual operating budget. In response to an inquiry from Supervisor McNamara, Ms. Hyatt advised the County's contributions to the joint CIP fund would not be impacted by the payments on the debt service. Supervisor Altizer moved to approve the first reading and set the second reading for December 18, 2007, which carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second readina of an ordinance authorizina vacation of an unimproved riaht of way between Lot 14. Block .L Section 1 and Lot .h Block ~ as identified on the plat of Glenvar East Subdivision. Section .L in Plat Book L. Paae 12. located in the Catawba Maaisterial District. (Paul Mahoney. County Attorney) Mr. Mahoney advised that this is the second reading of an ordinance authorizing the vacation of an unimproved right of way between Lot 14, Block 1, Section 1 and Lot 1, Block 2 in the Glenvar East Subdivision. He reported that this right of way is a paper street within the subdivision. He noted the location of the paper street and a 1122 December 4, 2007 second paper street adjacent to the ball fields on the Glenvar school campus on a map, and he advised that the petitioners, Mr. and Mrs. Dehart, were present. Mr. Mahoney advised that County departments and local utility companies were contacted concerning the vacation. He reported that the Western Virginia Water Authority has requested the retention of a 20 foot easement centered on the existing water line located in the right of way, and Appalachian Power would like to retain its current 12 foot public utility easement. Mr. Mahoney reported that he met with the School Board on November 15, 2007, to determine its position on this request. He advised that the School Board has asked that the Board of Supervisors deny this request. He stated that the cost and expenses associated with this request, including but not limited to publication, survey and recordation costs are the responsibility of the petitioners. Supervisor Church complemented the Deharts for the manner in which they presented their petition. He advised that he had driven out to see the lots where the paper streets are located. He added that he did not believe that the school is using either paper street. He requested that the Board consider continuing this petition to allow additional time to work out an equitable solution that would satisfy the Deharts and the School Board, and he requested Mr. Mahoney to arrange a meeting with the School Board to discuss the petition. Mrs. Dehart advised that they are requesting this vacation because they would like to build a garage, and they need an additional five feet due to set back December 4, 2007 1123 requirements. She reported that her family has been pursuing this petition since June 2007; however, if more time is needed to work out a solution, she was willing to accept a continuation. In response to an inquiry from Supervisor Altizer, Mr. Mahoney advised that the second paper street located nearby could be used for emergency access by the school. He reported that Dr. Misicko, Director of Operations for the Schools, had stated that there is a difference in elevation which renders that route less effective. Mrs. Dehart advised that it was her understanding that her lot is not a part of the school's emergency plan. She reported that she was told by the school that it had no interest in using her lot for emergency access. She stated that emergency vehicles could not access school property through her lot since it is wooded. Supervisor Flora stated that both sites would present challenges as emergency routes but that he would have to see both locations to make a determination. Mr. Dehart noted that the school does need additional access but that there were other locations that would be more appropriate. He reported that the lot that is designated as the emergency access in the school's emergency plan has already been partial paved. Supervisor Church stated that he is in favor of granting the petition noting that the petitioner has maintained this lot for 17 years. He added that this lot did not 1124 December 4, 2007 seem to be a viable access route for the school. He stated that the school needs to prepare a real emergency exit for the future. Mrs. Dehart reported that the school owns the lot where the second paper street is located but does not own any portion of their lot. Mr. Dehart stated that if the Board does grant their petition, the children could still be evacuated through their lot in case of an emergency. He added that if the children need to be evacuated by foot, they can exit the school grounds through any adjacent lot. Supervisor Church advised that he would move to continue the petition to December 18, 2007, if the Board was agreeable. Mr. Mahoney reported that the Deharts had offered an easement to the School Board which the School Board declined. He reported that if the school ever decided to build a road through the school access road program and have the road accepted by VDOT, an easement would not be sufficient. There was general discussion on the merits of the petitioner's request and the viability of the two lots as an emergency access route for the school. Supervisor Church moved to continue the matter until December 18, 2007, to allow additional time to find a compromise solution to the petition. The motion was carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None December 4, 2007 1125 IN RE: APPOINTMENTS 1. Caoitallmorovement Proaram (CIP) Review Committee (aooointed ~ District) Supervisor Church appointed Brian Hooker as the Catawba District representative. It was the consensus of the Board to add Mr. Hooker's appointment to the Consent Agenda as Item 1-6. Supervisor Wray appointed Mike Jeffrey as the Cave Spring District representative. It was the consensus of the Board to add Mr. Jeffrey's appointment to the Consent Agenda as Item 1-7. 2. Roanoke County Plannina Commission (aooointed ~ District) Supervisor Flora reappointed Gary Jarrell as the Hollins representative. It was the consensus of the Board to add Mr. Jarrell's reappointment to the Consent Agenda as Item 1-8. Supervisor Wray reappointed Rodney McNeil as the Cave Spring representative. It was the consensus of the Board to add Mr. McNeil's reappointment to the Consent Agenda as Item 1-9. 3. Western Virainia Reaional Jail Authority Supervisor Flora nominated Michael W. Altizer as the elected representative, Joseph B. Church as alternate elected representative, John M. Chambliss as administrative official, and Diane D. Hyatt as alternative administrative 1126 December 4, 2007 official. It was the consensus of the Board to add these appointments to the Consent Agenda as Item 1-10. IN RE: CONSENT AGENDA R-120407 -5, R-120407 -5.a Supervisor McNamara requested that Item 1-8 be removed for discussion. It was the consensus of the Board to remove Item 1-8. Supervisor Altizer moved to adopt the consent resolution with Item 1-8 removed. The motion carried by the following recorded vote: AYES: NAYS: Supervisors Wray, Church, Altizer, Flora, McNamara None At the request of the Supervisor McNamara, the Clerk advised that Item 1- 8 was the reappointment of Gary Jarrell as the Hollins District representative to the Roanoke County Planning Commission. Supervisor McNamara advised that it had been his intention to remove Rodney McNeil's reappointment for discussion; however, he had inadvertently removed the wrong item. He further advised that since Mr. McNeil's reappointment as the Cave Spring District representative to the Planning Commission had already been voted on, it was no longer open for discussion. He stated that he had wished to discuss Mr. McNeil's reappointment because he felt that Supervisor-Elect Moore should have been given the opportunity to make this appointment as has been the practice in the past. December 4, 2007 1127 Supervisor Flora moved approval of Item 1-8. The motion was carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 120407-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM 1- 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 December 4, 2007, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 10 inclusive, as follows: 1. Approval of minutes for October 23, 2007 2. Resolution of appreciation to Patricia B. Steahly, Social Services, upon her retirement after ten years of service 3. Request to accept the donation of a 20-foot drainage easement by Henley Green and Jill Green, the current owners of Lot 7 (Tax Map No. 24.02-02- 07) of Green Farms, Plat Book 30, Page 127, Catawba Magisterial District 4. Request to accept the donation of a 10-foot drainage easement from Russlen Farms Development, LLC, on Lots 4 through 10 of Woods Hill at Russlen Farms, Section '1, Catawba Magisterial District 5. Approval of Philip Services Superfund Site smaller party settlement agreement and allocation of funds 6. Confirmation of appointment of Brian Hooker, Catawba Magisterial District, to the Capital Improvement Program (CIP) Review Committee 7. Confirmation of appointment of Mike Jeffrey, Cave Spring Magisterial District, to the Capital Improvement Program (CIP) Review Committee 8. Confirmation of reappointment of Gary Jarrell, Hollins Magisterial District, to the Roanoke County Planning Commission 9. Confirmation of reappointment of Rodney McNeil, Cave Spring Magisterial District, to the Roanoke County Planning Commission 10. Confirmation of appointments to the Western Virginia Regional Jail Authority 1128 December 4, 2007 That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Altizer to adopt the resolution with Item 1-8 removed, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None Supervisor Flora moved approval of Item 1-8. The motion was carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None RESOLUTION 120407-5.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO PATRICIA B. STEAHL Y, SOCIAL SERVICES, UPON HER RETIREMENT AFTER TEN YEARS OF SERVICE WHEREAS, Patricia B. Steahly was employed by Roanoke County on July 1, 1997, as a social worker for the Social Services Department; and WHEREAS, Ms. Steahly served four years as the Comprehensive Services Act Coordinator for the County of Roanoke and the City of Salem, and six years as a Child Protective Services social worker; and WHEREAS, Ms. Steahly retired from Roanoke County on November 1, 2007, after ten years and four months of service; and WHEREAS, Ms. Steahly, through her employment with Roanoke County, has been instrumental in improving the quality of life and providing services to families and children. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to PATRICIA B. STEAHL Y for more than ten 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 December 4, 2007 1129 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 Unaoorooriated Balance 2. Caoital Reserves 3. Reserve for Board Continaencv 4. Telecommunications Tax Comoarison Reoort REPORTS AND INQUIRIES OF BOARD MEMBERS IN RE: Supervisor Wrav: (1) He requested that Mr. Hodge provide an update on the status of Cave Spring High School sign. Mr. Hodge responded that he would do so later in the week. (2) He requested an update on the Spring Lawn Avenue situation. Mr. Hodge reported that he has spoken with a representative of VDOT and had been advised that the cui de sac will be closed prior to the opening of the Bojangles. Clerk's Note: VDOT approved a right turn only lane from Spring Lawn Avenue onto Merriman Road. (3) He requested an update on the status of the "no truck" signs for Clearbrook Lane. Mr. Hodge advised that the signs have been approved by VDOT but will have to be approved by the Commonwealth Transportation Board which will meet in January 2008. Mr. Hodge advised that he would call VDOT to request that the matter be expedited. (4) He reported that the repairs to the road surface in front of Watson 1130 December 4, 2007 Simmons' house are rough and noisy, and he requested that VDOT be contacted to smooth the repairs. Mr. Hodge responded that he would do so. (5) He advised that he had been contacted by Jim Skorupski of Ocala, Florida, who has requested information regarding a drag strip once located in Roanoke County for a book he is writing on drag racing. Mr. Hodge reported that he would respond to Mr. Skorupski's request. Supervisor Church: (1) He requested a meeting with Arnold Covey to review the potential situation on Green Ridge Court and discuss the available options. (2) He thanked his fellow Board members for their willingness to consider a compromise solution to the Dehart right of way vacation petition, the Deharts for the manner in which they handled their request, and County staff for their efforts in regard to this petition. He added that he was willing to meet with the concerned parties to find a solution. Supervisor McNamara: He advised that he participated in the County's annual Christmas tree lighting ceremony, and he reported that the Parks and Recreation Department did a great job and thanked them for their efforts. IN RE: WORK SESSIONS 1. Work session to discuss current status of caoital imorovement oroiects. (Brent Robertson. Director of Manaaement and Budaetl The work session was held from 5:02 p.m. until 5:03 p.m. In response to Chairman McNamara's inquiry, Mr. Robertson advised that engineering work has begun on the new fleet maintenance facility. There was no discussion on this item. December 4, 2007 1131 IN RE: CLOSED MEETING At 5:07 p.m., Chairman McNamara moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (7) consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, Western Virginia Water Authority and the City of Roanoke; and Section 2.2-3711 A (7) consultation with legal counsel and briefings by staff members pertaining to probable litigation; namely, enforcement of proffered conditions with Front Street Construction. The motion carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None The closed meeting was held from 5:25 p.m. until 5:50 p.m. CERTIFICATION RESOLUTION IN RE: R-120407-6 At 5:59 p.m., Supervisor McNamara moved to return to open session and adopt the certification resolution. The motion carried by the following voice vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None 1132 December 4, 2007 RESOLUTION 120407-6 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 voice vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 6:00 p.m. Submitted by: Approved by: h~ Ma . Brandt, CPS Assistant Deputy Clerk