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1/13/2009 - Regular January 13, 2009 1 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 January 13, 2009 The Board of Supervisors of Roanoke County, Virginia met this day atthe Roanoke County Administration Center, this being the organizational meeting held on the second Tuesday, and the first regularly scheduled meeting of the month of January 2009. IN RE: CALL TO ORDER Chairman Flora called the meeting to order at 2:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard C. Flora, Vice-Chairman Michael W. Altizer, Supervisors Joseph B. “Butch” Church, Joseph P. McNamara, Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: John M. Chambliss, County Administrator; Paul M. Mahoney, County Attorney; Dan O’Donnell, Assistant County Administrator; Brenda J. Holton, Deputy Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: ORGANIZATION OF COUNTY BOARD 1. Election of Officers a. Chairman Supervisor McNamara nominated Supervisor Altizer to serve as Chairman. There were no other nominations for Chairman. Supervisor Altizer was elected by the following recorded vote: January 13, 2009 2 AYES: Supervisors Moore, Church, McNamara, Flora NAYS: None ABSTAIN: Supervisor Altizer b. Vice-Chairman Supervisor Flora nominated Supervisor McNamara to serve as Vice- Chairman. There were no other nominations for Vice-Chairman. Supervisor McNamara was elected by the following recorded vote: AYES: Supervisors Moore, Church, Flora, Altizer NAYS: None ABSTAIN: Supervisor McNamara 2. Length of Term for Chairman and Vice-Chairman Supervisor McNamara moved that the terms of office shall run from January 13, 2009, through the January 12, 2010, organizational meeting. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: RECESS Chairman Altizer declared the meeting in recess at 2:05 p.m. IN RE: CALL TO ORDER Chairman Altizer called the meeting to order at 3:00 p.m. with all members present. January 13, 2009 3 IN RE: OPENING CEREMONIES The invocation was given by Reverend Brian Clingenpeel, Fire and Rescue Departmental Chaplain. 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 a closed session item pursuant to the Code of Virginia Section 2.2-3711.A.7 consultation with legal counsel and briefings by staff members regarding specific legal matters, namely, consideration of the industrial park, library and fire station agreements, requiring the provision of legal advice by such counsel. There was no objection to adding the closed meeting. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of appreciation to Richard C. Flora for his service as Chairman of the Roanoke County Board of Supervisors in 2008 R-011309-1 Chairman Altizer presented the resolution and a gift to Supervisor Flora. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSTAIN: Supervisor Flora January 13, 2009 4 RESOLUTION 011309-1 OF APPRECIATION TO RICHARD C. FLORA FOR HIS SERVICE AS CHAIRMAN OF THE BOARD OF SUPERVISORS IN 2008 WHEREAS, Richard C. Flora served as Chairman of the Roanoke County Board of Supervisors during 2008; and WHEREAS, during Mr. Flora’s term as Chairman, the following noteworthy achievements took place: ? Approval of the construction of the multi-generational recreation center, the fleet service center, the North County fire and rescue station, the South County library and the installation of the County’s new digital emergency radio system; ? Ground breaking for a water line extension along Route 220 into Franklin County, a significant regional initiative undertaken in partnership with the Western Virginia Water Authority and Franklin County; ? Relocation of Toshiba Mitsubishi Electric GE’s headquarters to the County, the grand openings of Gander Mountain, Camping World, and Tractor Supply, the expansion of several local companies including Synchrony, Inc., and Kroger, and the announcement of a new Department of Motor Vehicles Customer Service Center to be located in North County; ? Continued development of the Center for Research and Technology and the formation of a public-private partnership to locate a new 200-acre business park at the intersection of I-581 and I-81; ? Successful containment of the Green Ridge Mountain fire without loss of life or property which required the Fire and Rescue Department to respond to 84 calls for assistance within a 24-hour period; ? Opening of Read Mountain Preserve, the newest addition to the County’s park system, and the completion of the County’s first segment of the Roanoke River Greenway at Green Hill Park; ? Amending the Roanoke County Comprehensive Plan to include the Mount Pleasant and Hollins Area Community Plans; ? Continued progress on School capital projects including funding for the renovations of multiple elementary schools; ? Designation of the main football field at Darrell Shell Park in memory of Jesse Clowers, Sr. and his son Jesse Clowers, Jr., who was killed in action while serving in Afghanistan; and WHEREAS, Chairman Flora worked diligently throughout the year to represent the citizens of Roanoke County by emphasizing sound financial strategies and practices to benefit all of the residents of the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of RICHARD C. Roanoke County, Virginia, does hereby extend its deepest appreciation to FLORA for his service as Chairman during 2008 and for his belief in democracy and championing of citizen participation in local government. January 13, 2009 5 On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSTAIN: Supervisor Flora 2Recognition of the Purchasing Division for receiving the . Achievement of Excellence in Procurement Award from the National Purchasing Institute Chairman Altizer recognized the Purchasing Division for receiving the award for the third consecutive year. Rob Light, Purchasing Manager, introduced the team members of the Purchasing Division who were present: Pat Chockley, Don Karnes, Kay Johnston, Ann Mendes, Ashley Nute, and Marcha Powell. Rebecca Owens, Director of Finance, was also present. IN RE: BRIEFINGS 1. Briefing from Roanoke Valley Convention and Visitors Bureau. (David Kjolhede, Executive Director) Mr. Kjolhede introduced the members of the Bureau’s Board of Directors who were present: Susan Short, Pete Lampman, Barton Wilner, and Pete Haislip. He expressed appreciation to the Board of Supervisors for their partnership and previous support. He distributed the annual report, which outlined the Bureau’s accomplishments during 2008, and advised that he would review some of the items. He referred to page 10 of the annual report and advised that due to the generosity of the Board and their other partners, the Bureau received an increase in their budget last year of January 13, 2009 6 approximately 8 percent. He stated that with the 8 percent budget increase and the $75.9 million generated as a result of programming, they experienced a 13.5 percent increase in revenues from the previous year. He advised that they were very pleased and that these outside funds were very important. He referred to page 16 of the report and advised that they generated approximately $1.5 million in free editorial and advertising for the Roanoke Valley as part of the travel writers program and negotiating editorial coverage with advertising. He advised that last year Roanoke County invested $180,000 in the Bureau, and based on programming, it is estimated that funding of $12.4 million or 16.5 percent was returned and spent in the County. He advised that $529,000 in taxes was generated from rooms and lodging as a direct result of the Bureau’s programs and stated that the Bureau continues to be a revenue generator for the County. He advised that this was a quick overview of their annual report and stated that he would be glad to answer questions. Supervisor Church expressed appreciation to Mr. Kjolhede, and the Bureau’s Board of Directors for their efforts on behalf of the County. Supervisor Altizer questioned Mr. Kjolhede about his general feelings about what the County can expect in the coming year. Mr. Kjolhede advised that although he tends to be an optimist, he thinks the first quarter of this year will be very tough for all and particularly the travel industry. He advised that the Bureau has many great events scheduled for this year, which include a motorcycle rally with an estimate of 3,000 people, a religious conference expecting 6,000 people, and several major January 13, 2009 7 sporting events. He stated that he does not anticipate the Bureau having a 13.5 percent growth during the coming year, and they have already made some adjustments in their marketing strategies. Supervisor Altizer expressed his appreciation to Mr. Kjolhede, the Bureau’s Board of Directors, and staff for doing a great job, and he understands that they will strive to make next year the best it can be. Mr. Kjolhede thanked the Board for their support and partnership. IN RE: NEW BUSINESS 1. Request to approve Contract Amendment for the Architectural and Engineering Services for the South County Library. (Diane Hyatt, Chief Financial Officer; Diana Rosapepe, Director of Libraries; Joe Obenshain, Senior Assistant County Attorney) A-011309-2 Ms. Hyatt advised that the construction bids for the South County Library, which were opened on August 21, 2008, were significantly over budget with the low bid being 32 percent over budget. She reported that County staff has spent several months evaluating the reasons why the construction bids were over budget with the goal of bringing the project within budget. She advised that, even though construction prices have decreased since the bid date, some redesign of the project will be necessary. She stated that after careful review and negotiations, staff recommended restructuring the professional services for the library so that the architectural firm of Holzheimer Bolek + January 13, 2009 8 Meehan (HBM), and their affiliated local firm of OWPR, will be responsible for the following services: (1) redesign of the project within budget; (2) providing construction estimates; (3) coordinating the “Clerk of the Works” for the on-site review during construction; and (4) coordinating the commissioning needed for the project. Ms. Hyatt stated that this contract amendment will provide an additional $250,000 to HBM for their services; however, these funds will be available from reallocating other professional services lines within the budget and the total project budget will not change. She reported that the redesign will begin immediately with the goal of maintaining the program functionality and as much original design of the building as possible. She advised that the project will be ready to rebid in May 2009 which will delay the project a year from the original opening of the project. She advised that the contract amendment will be funded within the total project budget and no budget appropriation is needed. She advised that Diana Rosapepe, Director of Libraries, and Joe Obenshain, Senior Assistant County Attorney, were present and any of them could respond to questions. Supervisor Moore advised that some citizens had concerns about downsizing the library and questioned if it is anticipated that the downsizing will be achieved by the architectural design or square footage. Ms. Hyatt advised that she would not know for sure until they meet with the architect to review the proposal; however, they plan to take the majority of the cost-cutting measures from the interiors January 13, 2009 9 and fixtures of the building while leaving as much square footage for the program areas as possible. Supervisor Altizer thanked staff for the briefing and report on this matter. Supervisor Moore moved to approve staff recommendation (amend the contract to provide an additional $250,000 for services). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 2. Request for additional funding of $81,376 for replacement of Bent Mountain Fire and Rescue Station Parking Lot. (Anne Marie Green, Director of General Services) A-011309-3 Ms. Green advised that when the Bent Mountain fire station was built in 1980, the current asphalt parking lot and concrete aprons were installed. She advised that a combination of weather, weight of vehicles, and snow melting products have eroded the asphalt and concrete and the career and volunteer personnel at the station have expressed their concerns about safety issues for themselves and the general public parking in these areas. She advised that the Facilities Management Division of General Services had enough funding in its budget last year to meet the estimated replacement cost of $160,000, and that the project was bid in the spring of 2008, and awarded to New River Construction Company for $158,624, with no contingency. She January 13, 2009 10 reported that once the work began, it became apparent that the cost was going to increase due to the following issues: (1) The soil underneath the original asphalt and concrete in the front of the building was not compacted as much as it should have been originally. The contractor had to compact it further making it 1-1/2 feet below the grade of the property which required additional stone. (2) In anticipation of a similar problem at the back of the building, the contractor dug deeper to allow for more compaction, but encountered a serious problem with water. The County’s independent engineering firm recommended stone and a special matting material used by Virginia Department of Transportation (VDOT) to keep the ground water out of the area. (3) As the contractor moved away from the building, he encountered massive amounts of ground water, necessitating additional matting and gravel. To date, almost 2,000 tons of gravel have been used, and the contractor expects to use 1,500 more before the project is finished. (4) The water and electrical lines that serve the building from the well house were original to the facility, and staff decided it would be an appropriate time to replace those lines so that the parking lot will not have to be dug up in the future if there is a problem. This was not planned at the beginning of the project; however, it will prevent additional expenditures in the future and was well worth the cost. Ms. Green advised that in order to continue paying the contractor for work on the project, funding has been provided from the Facilities Capital Maintenance Account of General Services, which is used throughout the year for large capital improvements and repairs to County buildings. She advised that if General Services January 13, 2009 11 has to take the $81,376 from the capital account, there will be no funds for the rest of the year for emergency or routine capital projects, including the planned replacement roof for the Vinton Library. Ms. Green advised that the original contract and contingency in the amount of $158,624 has been expended and an additional $81,376 is needed. She advised that staff has provided two alternatives: (1) Approve the request and allocate $81,376 from the minor capital account to cover the additional costs for this project; or (2) Direct staff to cover the cost from the General Services Capital Maintenance Account; however, she pointed out that the Board would be transferring funds from a capital account to an operating account. She advised that staff is recommending approval of alternative 1 so that the General Services account can be reimbursed and they can continue to do some of the projects this year. She advised that the following individuals were present: John Patten, Facilities Manager; Todd Echols, New River Construction; and Mike Rakes, Spectrum, which is the architectural and engineering firm for the project. There was no discussion. Supervisor McNamara moved to approve staff recommendation (allocate $81,376 from the minor capital account to cover the additional costs for this project). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None January 13, 2009 12 3. Resolution establishing a Policy for the Appointment of Planning Commissioners. (Paul Mahoney, County Attorney) R-011309-4 Mr. Mahoney advised that the Board held a work session in April 2008 to discuss a variety of topics with respect to trying to improve the outreach to various citizens who might be interested in volunteering to serve on various County boards and commissions. He advised that the Board reviewed the cycle of appointments to a variety of these boards and commissions, primarily the Planning Commission. He advised that the Board directed him to draft a policy statement or find a better approach to mesh the appointment of Planning Commission members with the terms of members of the Board of Supervisors and the expiration of those terms. He advised that the Board will see from the chart he provided in his Board report that there is no real coordination or meshing of the terms of the Planning Commissioners with the Board members and the only term that comes close is the Cave Spring District. He reported that the State enabling legislation provides that the term of office for a member of the Planning Commission shall be four years and indicates that the term of a sitting Board member cannot be reduced, and he stated that there is another legislative provision that the local governing body may establish a different term of office for initial and subsequent appointments to the Planning Commission. Mr. Mahoney advised that he has drafted a resolution stating a policy that the Board would apply in the future for new appointments to the Planning Commission. January 13, 2009 13 He stated that the policy includes that the terms of members of the Planning Commission would expire six months after the terms of the members of the Board of Supervisors office from that district expires, and that no reappointment of the Planning Commission member would occur earlier than thirty days prior to that expiration date. He stated that there are several approaches to accomplishing the wishes of the Board as follows: (1) adopt a policy resolution of the Board; (2) continue the present method; or (3) amend the provision of the County Code with respect to the zoning chapter. He advised that he believes that the Board’s adoption of a policy would be the closest solution to satisfying the direction of the Board from the April work session. Supervisor Flora advised that the resolution does not state specifically when the current terms of the members would expire using the new policy. He advised that he would suggest that the resolution include the proposed expiration of the current members’ terms to avoid confusion. Supervisor Moore expressed appreciation to Mr. Mahoney for his thorough work on this subject and advised that this policy would allow a newly elected supervisor to be in office for a while before they have to make a decision to appoint a Planning Commission representative. Supervisor Moore moved to adopt the resolution. Supervisor Flora inquired if Supervisor Moore’s motion included the proposed expiration of terms for the current Planning Commission members under the new policy. Supervisor Moore advised that she wanted to include this information as January 13, 2009 14 part of her motion. Supervisor Altizer asked Mr. Mahoney to state the terms of the existing Planning Commission members by district if this resolution is adopted. Mr. Mahoney advised that the proposed expiration dates would be as follows: June 30, 2014 for the Vinton, Windsor Hills, and Hollins Districts; and June 30, 2012 for the Cave Spring and Catawba Districts. Supervisor Altizer inquired if the Board adopts the resolution, would it automatically extend the Planning Commissioners’ terms to the dates stated by Mr. Mahoney. Mr. Mahoney advised that the terms would not automatically be extended; however, he used as an example the Vinton District with the current member’s term expiring December 31, 2010, and stated that when the appointment or reappointment comes before the Board at that time, staff would refer to the resolution as the policy of the Board to extend the term of office for the Vinton member to June 30, 2014. He advised that approval of the resolution does not appoint or reappoint these individuals now and that Board action would be necessary when the current Planning Commissioner’s term expired. He advised that the resolution expresses the Board’s intention to take action when the Planning Commissioner’s term expires and does not change any actions of the Board taken previously. Supervisor Altizer confirmed that the expiration dates for the terms of the Planning Commissioners does not change at this time and any change in the expiration date of the term would take place after the current term has ended. January 13, 2009 15 Supervisor Moore moved to adopt the resolution with the proposed terms included for each Planning Commission member. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 011309-4 ESTABLISHING A POLICY FOR THE APPOINTMENT OF MEMBERS TO THE ROANOKE COUNTY PLANNING COMMISSION WHEREAS, the Cave Spring District appointment to the Planning Commission is the only district appointment that expires at the same time as the Board of Supervisor member’s term from that district; and, WHEREAS, a newly elected supervisor should have the opportunity to nominate a candidate for consideration for appointment to the Planning Commission by the Board; and, WHEREAS, the terms of all members of the Planning Commission shall expire six months after the supervisor from that district commences his or her term of office; and, WHEREAS, no appointment of a Planning Commission member may occur earlier than thirty days prior to the expiration of his or her term of office; and, WHEREAS, Section 15.2-2212 of the Code of Virginia provides in part that the term of office for a member of a planning commission shall be four years. The local governing body may establish different terms of office for initial and subsequent appointments including terms of office that are concurrent with those of the appointing governing body. NOW THEREFORE BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That from and after the date of the adoption of this Resolution, the appointment or re-appointment of members to the Roanoke County Planning Commission shall be for a term of office to coincide with the term of office of the member of the Board of Supervisors from the district which he or she represents, plus six months. 2. That no Planning Commission member shall be appointed or re-appointed earlier than thirty days prior to the expiration of his or her term of office. 3. That the expiration of the terms of office of the sitting Planning Commission members and that the proposed new term of office to implement this resolution is as follows: January 13, 2009 16 Planning Commission Term Proposed Term Vinton 12/31/2010 6/30/2014 Windsor Hills 12/31/2012 6/30/2014 Hollins 12/31/2011 6/30/2014 Cave Spring 12/31/2011 6/30/2012 Catawba 12/31/2009 6/30/2012 The decision to extend the term of any current Planning Commission member or to appoint a new Planning Commission member for the proposed term of office shall be made by the Board of Supervisors at the time the current term expires. 4. That this Resolution shall take effect immediately upon its adoption. On motion of Supervisor Moore to adopt the resolution with the proposed term included for each Planning Commission member, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance to accept the conveyance of two parcels of unimproved real estate for the extension of Chestnut Mountain Circle, Rte 1034, and authorize the addition thereof to the State Secondary System of Highways, Vinton Magisterial District. (Paul Mahoney, County Attorney). Mr. Mahoney advised that this is the first reading of an ordinance to accept the conveyance of two parcels of real estate to provide additional land for a turn around on Chestnut Mountain Circle. He stated that acceptance by the Board of this real estate would allow the County to adopt the appropriate resolutions to have Chestnut Mountain Circle accepted into the State Secondary System by the Virginia Department of Transportation under the Rural Addition Program. He advised that these properties are being conveyed to the County by Patricia Williamson, and Jeffrey and January 13, 2009 17 Ronda Thomas. He stated that maps are included in the agenda materials and that the second reading will come before the Board on January 27, 2009. There was no discussion of this item. Supervisor Altizer moved to approve the first reading of the ordinance and set the second reading for January 27, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: APPOINTMENTS Supervisor Altizer advised that there are vacancies on the Library Board and Social Services Advisory Board for representatives from the Vinton Magisterial District. He advised that he plans to make appointments at the next Board meeting. 1Library Board (appointed by district) . 2. Social Services Advisory Board (appointed by district) IN RE: CONSENT AGENDA R-011309-5; R-011309-5.a; R-011309-5.b; R-011309-5.c Supervisor McNamara moved to adopt the consent resolution with Item 1 removed. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None January 13, 2009 18 Supervisor McNamara advised that Item 1 contains a resolution of appreciation to Larry Onan upon his retirement after 29 years of service. He advised that Mr. Onan helped his wife with a flat tire many years ago and this is an example of how the citizens benefit when the County has excellent employees. He wanted to acknowledge Mr. Onan’s retirement and wish him well. Supervisor McNamara moved to approve Item 1. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 011309-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for January 13, 2009 designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows: 1. Resolutions of appreciation to the following employees who retired on January 1, 2009: (a) Larry L. Greene, Parks, Recreation and Tourism Department, after more than thirty-five years of service (b) Lawrence J. Onan, Parks, Recreation and Tourism Department, after more than twenty-nine years of service (c) Sharon K. Pollard, Social Services Department, after ten years of service 2. Request from the schools to accept and appropriate funds in the amount of $84,659.54 for fiscal year 2008-2009 3. Request from the Police Department to accept and appropriate an amendment to a Division of Motor Vehicle Grant for an additional $36,500, and a grant administered by the U.S. Department of Justice’s Bulletproof Vest Partnership in the amount of $21,602.50 January 13, 2009 19 4 Request from the Sheriff’s Office to accept and appropriate a Federal Grant from the Department of Criminal Justice Services under the Criminal Justice Record System Improvement Program in the amount of $109,294 That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor McNamara to adopt the consent resolution with Item 1 removed, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None On motion of Supervisor McNamara to adopt Item 1, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 011309-5.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LARRY L. GREENE, PARKS, RECREATION, AND TOURISM DEPARTMENT, UPON HIS RETIREMENT AFTER THIRTY-FIVE YEARS OF SERVICE WHEREAS, Larry L. Greene was employed by Roanoke County on November 19, 1973; and WHEREAS, Mr. Greene retired on January 1, 2009, as a Motor Equipment Operator I with the Department of Parks, Recreation, and Tourism after 35 years and 2 months of service to Roanoke County; and WHEREAS, Mr. Greene was committed to providing a quality product and service for Roanoke County, and his friendly, helpful, and outgoing personality made him a true ambassador for the Roanoke County Parks, Recreation, and Tourism Department; and WHEREAS, Mr. Greene, through his employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens LARRY L. GREENE of Roanoke County to for more than thirty-five 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None January 13, 2009 20 RESOLUTION 011309-5.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LAWRENCE J. ONAN, PARKS, RECREATION, AND TOURISM DEPARTMENT, UPON HIS RETIREMENT AFTER TWENTY-NINE YEARS OF SERVICE WHEREAS, Lawrence J. Onan was employed by Roanoke County on June 1, 1979; and WHEREAS, Mr. Onan retired on January 1, 2009, as a Parks Administrator with the Department of Parks, Recreation and Tourism after 29 years and 7 months of service to Roanoke County; and WHEREAS, Mr. Onan’s efforts contributed to optimizing the efficiency and effectiveness of the Roanoke County Parks Department and helped to maintain a safe work environment for Park employees as well as safe facilities for the Park visitors of Roanoke County; and WHEREAS, Mr. Onan also served as Appraiser I and Appraiser II in the Real Estate Valuation Department; and WHEREAS, Mr. Onan, through his employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens LAWRENCE J. ONAN of Roanoke County to for more than twenty-nine 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 011309-5.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO SHARON K. POLLARD, SOCIAL SERVICES DEPARTMENT, UPON HER RETIREMENT AFTER TEN YEARS OF SERVICE WHEREAS, Sharon K. Pollard was employed by Roanoke County on April 13, 1998; and WHEREAS, Ms. Pollard retired on January 1, 2009, as an Eligibility Worker with the Social Services Department after 10 years and 8 months of service to Roanoke County; and January 13, 2009 21 WHEREAS, Ms. Pollard served all of the Roanoke County citizens she came in contact with through Social Services with great care and concern; and WHEREAS, Ms. Pollard, through her employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens SHARON K. POLLARD of Roanoke County to 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS David S. Courey, 3419 Ashemeade Drive, questioned why the County’s recent assessment of his house had an increase from last year of $4,400 when homes are not selling, foreclosures are at a record rate, and people cannot afford higher monthly house payments. He advised that his house actually decreased in value last year due to the market conditions and that he made no improvements. He urged the Board to call for a freeze on increasing taxes on homes this year which he felt would be the only fair thing to do. IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None January 13, 2009 22 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Treasurer’s Statement of Accountability per Investment and Portfolio Policy as of December 31, 2008 5. Telecommunications Tax Comparison Report IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore: She advised that the County is going to experience tough economic times during the next few years. She expressed appreciation to Mr. Chambliss for his insight and challenging the County to find ways to reduce spending which should be a concern to everyone. She advised that the Board always values and welcomes citizen input. Supervisor Church: He advised that he and Supervisor Moore had been hearing a noise similar to a bird’s chirp during the meeting and requested that staff look into the problem. Supervisor Flora: He expressed appreciation to Supervisors Moore, McNamara and Altizer for their kind words earlier today and thanked them for the support given to him and the Board. He advised that he thought having a one-year term for the chairman was necessary since it is a very time-consuming job. Supervisor McNamara: ( 1) He advised that he received information from Supervisor Moore about the Poor Mountain brush fire which occurred while he was out January 13, 2009 23 of town. He expressed appreciation for the assistance provided by the Back Creek Grill, Countryway Store, Bent Mountain Station, residents of the community, Mr. Whitlow, and the fire and emergency services, both career and volunteers. (2) He advised that there is a fair amount of pedestrian traffic between the Villages at Garst Creek and Cave Spring Corners. He requested that staff look at ways to improve the safety of pedestrians and report back to him if something can be done. He suggested that perhaps there could be a dirt trail or the greenway might be used. Supervisor Altizer : He advised that during the coming six months, the Board will be faced with making some very tough decisions due to state budget cuts. He advised that the Board has a budget work session today and will probably have more budget work sessions this year than in previous years. He advised that the end result of the state budget cuts will not be known until the General Assembly session ends in February, and even with the planning being done now, the Board may need to make more tough decisions concerning the schools and County. He stated that he has confidence in the Board and staff to overcome the challenges of making the County a leaner government than ever before without affecting services and the employees’ abilities to perform their jobs. IN RE: CLOSED MEETING At 4:07 p.m., Supervisor Flora moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711.A.1. discussion or consideration of the employment, assignment, appointment, promotion, performance, January 13, 2009 24 demotion, salaries, disciplining or resignation of specific public officers; Code of Virginia Section 2.2-3711.A.7. consultation with legal counsel and briefings by staff members regarding specific legal matters, namely, the firing range agreement, requiring the provision of legal advice by such counsel; and Code of Virginia Section 2.2-3711.A.7 consultation with legal counsel and briefings by staff members regarding specific legal matters, namely, consideration of the industrial park, fire station and library agreements, requiring the provision of legal advice by such counsel. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CONFIRMATION OF BOARD MEMBER COMMITTEEAPPOINTMENTS 1. Confirmation of Board member appointments to committees, commissions, and boards for 2009 Chairman Altizer stated that the Board member appointments for 2009 would be discussed during the closed meeting. He advised that since the Board would not return to open session after the closed meeting and work sessions, it was the consensus of the Board to place that confirmation of the Board member appointments for 2009 on the consent agenda for the January 27, 2009 meeting. January 13, 2009 25 IN RE: WORK SESSIONS 1. Work session on amending the Noise Ordinance. (Paul Mahoney, County Attorney) The work session was held from 4:15 p.m. until 4:41 p.m. The County staff present included the following: Mr. Mahoney, and Ray Lavinder, Chief of Police. Mr. Mahoney advised that he was asked to bring back information on the noise ordinances adopted by other localities, decibel readers, and the meaning of decibel levels in real noise. Mr. Mahoney reviewed the information he provided with his Board report. Chief Lavinder advised that the decibel readers cost approximately $8,000 each and ten would be needed if this method is chosen. After discussion of the information presented, it was the consensus of the Board members that amending the noise ordinance be delayed for 12 months. 2. Work session to discuss fiscal year 2009-2010 budget development. (John Chambliss, County Administrator; Brent Robertson, Director of Management and Budget) The work session was held from 4:45 p.m. until 5:45 p.m. County staff present included the following: Mr. Chambliss, Mr. Robertson, Diane Hyatt, Chief Financial Officer; and Jimmy Lyon, Budget Analyst. The following information was presented by staff and there was discussion: ? Reviewed expenditure scenarios for fiscal year 2008-2009 through fiscal year 2010- 2011 with no amount included for transfer of funds for schools. January 13, 2009 26 ? Advised that fiscal year 2008-2009 shortfall is approximately $3 million and would be covered by the County-wide expenditure reductions of $764,957, savings from one- time expenditures, and personnel savings of $1.5 million. ? Advised that fiscal year 2009-2010 shortfall will be approximately $5 million for the County and $7 million for the schools and that the County’s share could be covered by County-wide expenditure reductions of $2.9 million and utilizing a portion of the Health Insurance Reserves. ? Discussed that there will be an impact on services to citizens due to $12 million shortfall for fiscal year 2009-2010. ? Advised that the amount of additional State budget cuts will not be determined until the General Assembly session ends on February 28. ? Reviewed Job Bank Report showing status of positions which have been vacated beginning November 1, 2008. ? Reviewed Governor’s State Budget Proposal as of December 17, 2008, showing $180,000 County reduction for fiscal year 208-2009 and $1,146,500 for fiscal year 2009-2010. ? Advised that department directors will be provided with their target budget share of $2.9 million reduction for fiscal year 2009-2010 tomorrow and will be asked to report back on how services will be affected. ? Agreed to follow the same procedures used in previous years for requests for funding from cultural, health, and human services agencies; however, there will be no increases or new funding. ? Distributed budget calendar and agreed that additional Board meetings may be necessary for the months of March and April. IN RE: CLOSED MEETING m. The closed meeting was held from 5:50 p.m. until 6:53 p. IN RE: CERTIFICATION RESOLUTION R-011309-6 At 6:53 p.m., Supervisor Altizer moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None January 13, 2009 27 RESOLUTION 011309-6 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 member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None INRE: ADJOURNMENT Chairman Altizer adjourned the meeting at 6:53 p.m. to Wednesday, January 21,2009, 5:30 p.m. for the purpose of a joint meeting with the Roanoke County School Board, Roanoke County School Administration Building, 5937 Cove Road, Roanoke, Virginia Submitted by: Approved by: ~~~ Brenda J. H Iton, CMC Deputy Clerk to the Board ~Ji. Michael W. Altizer Chairman January 13, 2009 28 (This page left intentionally blank)