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3/23/2004 - Regular March 23, 2004 237 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 March 23, 2004 The Board of Supervisors of Roanoke County, Virginia met this day atthe Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of March, 2004. IN RE: CALL TO ORDER Chairman Flora called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard C. Flora, Vice-Chairman Michael W. Altizer, Supervisors Joseph B. “Butch” Church, Joseph McNamara, 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; Diane S. Childers, Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Reverend Charles C. Calloway, Maple Street Baptist 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. Hodge requested that Item P-1, work session to discuss proposed re- routing of Interstate 73 corridor, be added to the agenda. March 23, 2004 238 IN RE: NEW BUSINESS 1. Request to adopt the following tax rates for calendar year 2004: (Brent Robertson, Budget Director) (a) Real estate tax rate of $1.12 per $100 assessed valuation O-032304-1 Mr. Robertson reported that the real estate tax rate for the twelve-month period beginning January 1, 2004, and ending December 31, 2004, was advertised on February 24 and March 2, 2004, at $1.12 per one hundred dollars assessed valuation. The public hearing for citizen comment on the above advertised tax rate was held on March 9, 2004. He advised that this rate is the same as the current rate. Staff recommends that the real estate tax rate again be established at the rate of $1.12 per one hundred dollars assessed valuation for the 2004 calendar year. There was no discussion on this item. Supervisor Church moved to adopt the order. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None ORDER 032304-1 SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2004 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 2004, and ending December 31, 2004, be, and hereby is, set for a tax rate of $1.12 per one hundred dollars of assessed valuation on all taxable real estate and mobile homes classified by Sections March 23, 2004 239 58.1-3200, 58.1-3201, 58.1-3506.A.8, and 58.1-3506.B of the 1950 Code of Virginia, as amended, situate in Roanoke County. On motion of Supervisor Church to adopt the order, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None (b) Personal property tax rate of $3.50 per $100 assessed valuation O-032304-2 Mr. Robertson stated that the personal property tax rate for the 2004 calendar year was advertised on February 24 and March 2, 2004, at $3.50 per one hundred dollars assessed valuation. The public hearing for citizen comment on the advertised tax rates was held on March 9, 2004 and this rate is the same as the current year’s rate. Staff recommends that the personal property tax rate again be established at the rate of $3.50 per one hundred dollars assessed valuation for the 2004 calendar year. There was no discussion on this item. Supervisor Wray moved to adopt the order. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None ORDER 032304-2 SETTING THE TAX LEVY ON PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2004 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: March 23, 2004 240 1. That the levy for the twelve-month period beginning January 1, 2004, and ending December 31, 2004, be, and hereby is, set for a tax rate of $3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding that class of personal property generally designated as machinery and tools as set forth in Section 58.1-3507 of the 1950 Code of Virginia, as amended, and excluding all those classes of household goods and personal effects as are defined in Sections 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1- 3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. 2. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1- 3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592-11, and generally designated as Motor Vehicles for Disabled Veterans. 3. That the levy for the twelve-month period beginning January 1, 2004, and ending December 31, 2004, be, and hereby is, set at fifty (50%) percent of the tax rate established in paragraph 1 for the taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1-3506 of the 1950 Code of Virginia, as amended, and generally designated as Motor Vehicles for Disabled Veterans. On motion of Supervisor Wray to adopt the order, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None (c) Machinery and tools tax rate of $3.00 per $100 assessed valuation O-032304-3 Mr. Robertson advised that the machinery and tools tax rate for the 2004 calendar year was advertised on February 24 and March 2, 2004, at $3.00 per one hundred dollars assessed valuation. The public hearing for citizen comment on the advertised tax rate was held on March 9, 2004 and there is no change in this rate. Staff recommends that the machinery and tools tax rate be established at $3.00 per one hundred dollars assessed valuation for the 2004 calendar year. March 23, 2004 241 Supervisor Altizer moved to adopt the order. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None ORDER 032304-3 SETTING THE TAX LEVY ON A CLASSIFCATION OF PERSONAL PROPERTY - MACHINERY AND TOOLS - SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2004 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1- 3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 2. That the levy for the twelve-month period beginning January 1, 2004, and ending December 31, 2004, be, and hereby is, set for a tax rate of $3.00 per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. On motion of Supervisor Altizer to adopt the order, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 2. Request to approve health insurance rates for fiscal year 2004- 2005. (Rebecca Owens, Director of Finance) A-032304-4 Ms. Owens stated that the County of Roanoke and Roanoke County Schools participate in a self-funded joint health insurance program for all eligible employees purchasing administrative services, access to the network of physicians and facilities, and claims administration from Anthem. She advised that the current provider, March 23, 2004 242 Anthem, is requiring a 9.7% rate increase which compares favorably to national and regional trends of 12% to 14% increases. Ms. Owens stated that while no benefit changes are recommended for the 2004-2005 plan year, some of the factors that contributed to the increase in expenses include the following: (1) enrollment in the plan increased more than 6% during the last year; (2) medical claims paid increased 12.1% from the previous year; and (3) prescription drug expenses increased 6.3% from the previous year. She reviewed the chart below outlining the current and proposed rates: Roanoke County and Roanoke County SchoolsAttachment A Health Insurance Renewal Rates 2004-2005 PPO Plan Design Increase MonthlyCountyEmployeeEmployeefor PremiumBenefitRatePaysEmployee Current 2003-04 Subscriber Only314.94278.2436.7011.65% Subscriber + 1472.40297.60174.8037.00% Family818.82515.86302.9637.00% Married School & County Couple818.82652.20166.6220.35% PPO Plan Design Renewal 2004-05 Subscriber Only367.00328.0039.0010.63%2.30 Subscriber + 1518.10337.80180.3034.80%5.50 Family850.00517.74332.2639.09%29.30 Married School & County Couple850.00677.02172.9820.35%6.36 Current Membership CountySchools Subscriber Only5271192 Subscriber + 160119 Family268506 Medicare Carve Out7734 Total Members9321851 March 23, 2004 243 Ms. Owens advised that the rates had been restructured to be more comparable with those of neighboring localities. Supervisor McNamara noted that in the recent past, the percentage of benefit paid by the County for family vs. subscriber only or other types of coverage has not been changed. He stated that the proposed rates will be putting a greater burden on the family coverage relative to the subscriber only coverage and he questioned the rationale behind this decision. Ms. Owens responded that in working with the health insurance consultants, this method was deemed to be consistent with what other localities are offering their employees and County staff wanted to restructure the plan to remain competitive with surrounding localities. Supervisor Church stated that the key in health insurance is to keep the increase under 10%. He noted that the increase is favorable compared with the national average increases, and he advised that this is a volatile industry. He thanked staff for negotiating a good contract. Supervisor Altizer thanked staff for their efforts and noted that the initial proposal was a 12% - 13% increase which was subsequently negotiated down to 9.7%. He also stated that Roanoke County was fortunate that there was no cost increase last year. With respect to the increase in claims, Supervisor Altizer questioned if there was a provision in the policy that would encourage employees to use health care wisely (i.e., avoid the use of emergency room visits). Ms. Owens stated that there is no provision for this type of incentive in the current policy, but advised that staff would research this for future health insurance plans. She further advised that a provision was implemented March 23, 2004 244 last year that utilizes Anthem case managers to work closely with employees who have health problems to provide closer monitoring and assistance with health care needs. This has proven beneficial in reducing health care costs. Supervisor Altizer requested that the incentive program be considered for implementation in next year’s health insurance plan. Supervisor Wray commended staff for keeping the costs down in spite of the increase in the number of claims. He suggested that in the future, staff might want to consider providing a flat dollar benefit to employees for health care and allow them to choose the types of coverage desired. In response to an inquiry from Supervisor McNamara, Ms. Owens advised that the schools are utilizing the same health care plan and that the School Board adopted the proposed rate structure at their meeting last night. She further advised that in addition to herself, the team that determined the percentage of costs to be split between the County and schools was comprised of Diane Hyatt, Chief Financial Officer; Julie White, Palmer & Cay Consulting; representatives of the Employee Advisory Committee for the County and schools; Penny Hodge, Director of Budget and Finance for the schools; and representatives from the Human Resources Department from both the County and schools. Supervisor McNamara voiced concerns that a policy change is being made with respect to the change in premium structure, and he indicated that these types of issues should be discussed with the Board prior to being presented at a Board meeting for approval. He noted that the County benefit has increased $50 for some March 23, 2004 245 employees and only $2 for other employees. He stated that the dollar benefit should be equal regardless of whether the employee receives subscriber only or family coverage. Supervisor Church advised that the nature of the insurance industry is that it is influenced by numerous factors which determine the cost of premiums. He noted that staff has made a choice that will be best for the overall benefit of all employees in the County. Supervisor Flora requested that Mr. Hodge survey benefit programs in other jurisdictions and determine whether a selection of benefits can be provided for employees. Mr. Mahoney advised that local governments do have the authority to fashion their own individual plans. Supervisor Church moved to approve staff recommendation (approve the proposed health insurance rates for fiscal year 2004-2005). The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 3. Request to renew the program to compensate Roanoke County employees activated for federally funded military duty the difference between regular pay and military pay received. (Joe Sgroi, Director of Human Resources) A-032304-5 Mr. Sgroi advised that the Board of Supervisors approved a military supplement program for the period October, 2002, through September, 2003. Between March 23, 2004 246 the dates of October 1, 2002, and September 30, 2003, four Roanoke County employees were called to active duty. These four employees have since returned from duty and have continued employment with Roanoke County. The County did not have to compensate any of these employees due to the fact that their military income was greater than their County rate of pay. Even though there was no supplement needed for those employees, the program is a safety net in case there is a loss of income due to serving in active military service. Mr. Sgroi stated that the program provides good will and heart felt support to our reservists. Currently, there are 14 Roanoke County employees who are active in the Reserves, and five have been recently called to active duty at this time. Staff is recommending that the military supplement program be renewed and approved to compensate any County employee who is a military reservist and is called to active duty related to our country’s war on terrorism through September 30, 2005. Supervisor Wray questioned whether any of the five employees recently called to active duty will be eligible for compensation under this plan. Mr. Sgroi advised that this information is not yet known and is dependent on factors such as the length of time served. Eligibility can only be determined once the employee returns from active duty. In response to an inquiry from Supervisor Wray, Mr. Sgroi advised that the cost of this program will be absorbed by the employee’s departmental budget. The Board members expressed appreciation to the employees for their service to the country, and Mr. Sgroi advised that the employees who have returned March 23, 2004 247 from active duty expressed appreciation for the Board’s action which made this benefit available to them. Supervisor Altizer moved to approve staff recommendation (renew the supplement through September 30, 2005). The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 4. Resolution authorizing renewal of a lease of real estate from Lee C. Hartman, Jr., for a public safety radio tower site on Tinker Mountain. (Anne Marie Green, Director of General Services) R-032304-6 Ms. Green stated that this is a request to renew an existing lease between Roanoke County and Lee C. Hartman, Jr., for property located on Tinker Mountain in Botetourt County. Roanoke County uses this property for a tower site for the E-911 radio system and entered into a lease with Mr. Hartman beginning on July 1, 2002, at a rent of $3,000 per year for two years. The lease includes a renewal provision at the rate of $3,400 per year for an additional two years. Ms. Green advised that this site is important to the regional radio system which also serves the City of Roanoke and the Town of Vinton. She further advised that the rental cost is in line with other tower sites leased by and to the County, and funds are available in the E-911 account to cover the cost of the lease. March 23, 2004 248 Supervisor Wray questioned whether staff had considered a longer term for the lease. Ms. Green stated that Mr. Hartman is uncertain of his long-term plans for the property and is unwilling to extend the term of the lease beyond this time period. Supervisor Wray questioned if this would have any effect on future plans for emergency services. Ms. Green stated that staff would like to secure a longer term lease, but she noted that the tower is situated in Botetourt County and Roanoke County does not have the ability to extend the lease term without Mr. Hartman’s consent. Supervisor Wray moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 032304-6 AUTHORIZING RENEWAL OF A LEASE OF REAL ESTATE FROM LEE C. HARTMAN, JR., FOR A PUBLIC SAFETY RADIO TOWER SITE ON TINKER MOUNTAIN WHEREAS, the Board of Supervisors adopted Ordinance #031103-4 authorizing the execution of a lease with Lee C. Hartman, Jr., for a parcel of land consisting of 0.0363 acre, more or less, situated on Tinker Mountain approximately 3.7 miles north of Roanoke, Virginia, and more particularly shown on Exhibit A attached hereto, together with the non-exclusive right of ingress, egress and regress from Tinker Top Road (Frontage Road) over the existing gravel access and private driveway to the site, for a public safety radio tower for an initial term of two years ending June 30, 2004, with an option to renew the lease upon the same terms and conditions for an additional successive two-year term by providing written notice to Lee C. Hartman, Jr., on or before March 31, 2004; and, WHEREAS, this site continues to be necessary to provide E911 coverage to critical areas and to provide back-up capabilities for the public safety system; and, WHEREAS, Section 18.04 of the Roanoke County Charter requires the adoption of an ordinance to acquire an interest in real estate; however, after such ordinance shall have taken effect, all subsequent proceedings incidental thereto may be taken by resolution of the Board; and, WHEREAS, the County desires to exercise its option to renew the lease for an March 23, 2004 249 additional two year term ending June 30, 2006. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that the County Administrator, or any Assistant County Administrator, is hereby authorized to execute the necessary documents for renewal of the lease from Lee C. Hartman, Jr., for a parcel of land consisting of 0.0363 acre, more or less, on Tinker Mountain as more particularly shown on Exhibit A attached hereto, for a public safety radio tower site through the period ending June 30, 2006, in accordance with the same terms and conditions as in the original lease dated March 3, 2003, including payment of rent in the amount of $3,400.00 per year to be paid from the E911 Maintenance Account, upon form approved by the County Attorney. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor McNamara moved to approve the first readings and set the second readings and public hearings for April 27, 2004. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 1. First reading of an ordinance to obtain a Special Use Permit to operate a custom manufacturing business on 3.56 acres located at 4040 Jae Valley Road, Vinton Magisterial District, upon the petition of Jeff Bennett 2. First reading of an ordinance to obtain a Special Use Permit to conduct a home occupation in an accessory building on 2.14 acres located at 5228 Ponderosa Drive, Catawba Magisterial March 23, 2004 250 District, upon the petition of D. Gregory Roberts 3. First reading of an ordinance to obtain a Special Use Permit to conduct recreational vehicle sales on 1.4088 acres located at 3328 Peters Creek Road, Hollins Magisterial District, upon the petition of Marc I. Wilson IN RE: FIRST READING OF ORDINANCES 1. First reading of an ordinance amending Section 2-110. Roll Call. of the Roanoke County Code to provide for the order of seating and voting for the Board of Supervisors. (Elmer C. Hodge, County Administrator) Mr. Hodge reported that several weeks ago it was realized that the voting order being followed by the Board was not consistent with Roberts Rules of Order which state that the roll shall be called alphabetically. Mr. Hodge advised that he and Mr. Mahoney have researched this matter and are presenting several possible alternatives for the Board’s consideration. Alternative 1 allows for the outgoing Chairman to move to the seat of the incoming Chairman; Alternative 2 states that the outgoing Chairman moves to the first chair to the Board’s right and the other chairs shift one seat to the left. This action is necessary in order to amend Robert’s Rules of Order and incorporate this as part of the Board’s procedures. Supervisor McNamara advised that it was his intention to take the issue of seating position out of the voting order process. He indicated that he had proposed that the order of the roll call be rotated at each meeting with the Chairman continuing to vote March 23, 2004 251 last, which would remove seating position as a consideration. He noted that it has been the Board’s recent practice to rotate the position of Chairman as well as the order of Board member comments at each meeting. He advised that this seemed to be the next logical step, and he suggested that this issue be revisited again in the future once electronic agenda procedures are implemented. Supervisor Flora stated that Mr. Mahoney provided considerable research regarding the issue of voting order, including data on simultaneous electronic voting. He indicated that in his opinion, there is no particular seat which is more advantageous than another with respect to voting order. Supervisor Church voiced support for electronic voting once the new electronic agenda procedures are implemented. Supervisor Altizer moved to approve the first reading of the ordinance with Alternative #1, the out-going chairman will move to the seat of the incoming chairman, and set the second reading for April 13, 2004. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: APPOINTMENTS 1. Building Code Board of Adjustments and Appeals Supervisor Flora requested that the Clerk contact Richard E. Evans and David R. Jones to see if they would be willing to serve additional four-year terms. March 23, 2004 252 2. Clean Valley Council Supervisor Wray nominated Wes Thompson to complete the unexpired two-year term of the late Lee Eddy and asked that his name be placed on the consent agenda for confirmation at this meeting. This term will expire on June 30, 2005. Mr. Thompson was present at the meeting. 3. Social Services Advisory Board (Appointed by District) Supervisor Wray nominated Natalie Norris, Cave Spring Magisterial District, to complete the unexpired four-year term of Mary Jane Pattisall. This term will expire on August 1, 2005. Supervisor Wray requested that Ms. Norris’ name be placed on the consent agenda for confirmation at today’s meeting. IN RE: CONSENT AGENDA R-032304-7 Supervisor Church moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 032304-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for March March 23, 2004 253 23, 2004, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of minutes – March 9, 2004 2. Confirmation of committee appointments to the Grievance Panel and League of Older Americans Advisory Council 3. Request from Schools to accept and appropriate grant in the amount of $36,550 from the Virginia Department of Education for the Service and Training for Actively Responsible Students (STARS) Learn and Serve program 4. Request from Schools to accept and appropriate reimbursements in the amount of $42,611 from the Universal Service Fund (E-Rate) Program to purchase laptop carts for each middle school 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 Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: REPORTS Supervisor Altizer moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future Capital Projects 5. Accounts Paid – February 2004 6. Statement of expenditures and estimated and actual revenues for March 23, 2004 254 the month ended February 29, 2004 7. Statement of Treasurer’s accountability per investment and portfolio policy as of February 29, 2004 8. Report from VDOT of changes to the secondary road system in February 2004 9. Proclamations signed by the Chairman IN RE: CLOSED MEETING At 3:48 p.m., Supervisor Wray moved to go into closed meeting pursuant to the Code of Virginia Section 2.2-3711 A (5) economic development discussion concerning expansion of an existing business; Section 2.2-3711 A (7) consultation with legal counsel concerning pending litigation, namely Cellco v. Board of Supervisors. The closed meeting to discuss economic development was held from 4:30 p.m. until 4:45 p.m. The closed meeting to discuss Cellco v. Board of Supervisors was held from 5:10 p.m. until 5:30 p.m. IN RE: WORK SESSIONS 1. Work session to discuss proposed re-routing of Interstate 73 corridor. (Arnold Covey, Director of Community Development) The work session was held from 3:58 p.m. until 4:15 p.m. Mr. Covey and Anthony Ford, Traffic Engineer, advised that the southeast route for the proposed I-73 corridor has been eliminated due to historical preservation issues. Segments 376, 287, and 399 are no longer being considered as feasible routes. Staff advised that the corridor will be 600’ in width and preliminary information states that VDOT is considering March 23, 2004 255 limited access. Mr. Covey advised that once the study begins, the route may shift. Public meetings are scheduled to be held in June, a meeting with the Commonwealth Transportation Board (CTB) will be held in July, and the environmental impact study is to be completed by fall 2004. IN RE: CERTIFICATION RESOLUTION R-032304-8 At 7:02 p.m., Supervisor Wray moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 032304-8 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 Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None March 23, 2004 256 IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution honoring the late Lee B. Eddy for his years of service to Roanoke County as a member of the Board of Supervisors and as a community volunteer R-032304-9 Chairman Flora presented the resolution to Mrs. Nancy Eddy. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None RESOLUTION 032304-9 HONORING THE LATE LEE B. EDDY FOR HIS YEARS OF SERVICE TO ROANOKE COUNTY AS A MEMBER OF THE BOARD OF SUPERVISORS AND AS A COMMUNITY VOLUNTEER WHEREAS, the late Lee B. Eddy was elected to the Roanoke County Board of Supervisors in 1967, serving his first term from 1968 through 1971, and was re-elected in 1989, serving two additional terms from 1990 to 1997; and WHEREAS, Mr. Eddy served as Board Chairman in 1968, 1971, 1992 and 1994; and WHEREAS, during Mr. Eddy’s tenure on the Board, he worked to establish programs to protect the Roanoke Valley’s natural resources for future generations such as a Community Visioning Process, the Roanoke River Conservation Overlay District, and the Roanoke Valley Greenways Project which lead to the formation of the Roanoke Valley Greenway Commission on which Mr. Eddy served first as chairman and later as secretary; and WHEREAS, Mr. Eddy endeavored to promote regional cooperation through his work on the Roanoke Valley-Alleghany Regional Commission, of which he was a founding member and on which he continued to serve both as an elected official and as a private citizen for over twenty-three years, and by serving as the first President of the Virginia Association of Planning District Commissions; and WHEREAS, Mr. Eddy served with distinction on the Roanoke County Recycling March 23, 2004 257 Advisory Committee, the Clean Valley Council, and the Roanoke County Resource Authority; and WHEREAS, Mr. Eddy spent much of his time volunteering in his community serving as President of the Oak Grove Elementary School PTA and Cave Spring Junior High School PTA, serving on the Roanoke County Planning Commission, and as a board member of Friends of the Blue Ridge Parkway; and WHEREAS, in later years, Mr. Eddy produced a weekly public access cable television show to inform the public of events throughout local government; and WHEREAS, Mr. Eddy, who passed away on February 11, 2004, was admired by those who knew him and will be greatly missed by the community. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia wishes to honor the memory of LEE B. EDDY and express its gratitude for his many significant contributions as an elected official and as a community volunteer; and BE IT FURTHER RESOLVED that the Board expresses its deepest sympathy to Mr. Eddy’s family and friends. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None 2. Resolution of congratulations to Hidden Valley High School Boys Swim Team for winning the Group AA State Championship R-032304-10 Chairman Flora presented the resolution to Head Coach Scott Bowser and Assistant Coach Sheri Vaughn. Also present were Allen W. Journell, Assistant Superintendent; David Blevins, Hidden Valley High School Principal; and the following members of the swim team: Drew Adams, Scott Adams, Adam Bair, Jake Bova, Andrew Harris, Kyle Schaben, and Matthew Shoulders. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora March 23, 2004 258 NAYS: None RESOLUTION 032304-10 OF CONGRATULATIONS TO THE HIDDEN VALLEY HIGH SCHOOL BOYS SWIM TEAM FOR WINNING THE GROUP AA STATE CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship, and athletic skill; and WHEREAS, the Hidden Valley Titans Swim Team won their first State Group AA Championship on February 14, 2004, after only two years in existence by defeating Jamestown High School; and WHEREAS, in addition to winning the team championship, the Titans also performed well in the individual and relay events including one first-place, two second- place, and one third-place wins in individual events and two first-place and one second- place wins in relay events; and WHEREAS, the team is composed of the following athletes: Drew Adams Corey Chandler Sam Rahsman Scott Adams Peter Coats Kyle Schaben Chris Adkins Sam Goode Matthew Shoulders Jordan Anderson Andrew Harris Adrian Staniecki Adam Bair Kevin Lynch Jared Stowers Jake Bova Tim O'Connell Chris Chandler Bryan Palmer WHEREAS, the Titans are coached by Head Coach Scott Bowser and Assistant Coach Sheri Vaughn. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of theHIDDEN VALLEY TITANS SWIM TEAM for their athletic ability, their commitment, and their team spirit; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Wray, Altizer, Flora NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1Second reading of an ordinance to rezone 1.24 acres from R1 . Low Density Residential District to I2 Industrial District in March 23, 2004 259 order to operate a construction yard located at 7314 Wood Haven Road, Catawba Magisterial District, upon the petition of Ernest E. Sweetenberg. (Janet Scheid, Chief Planner) Withdrawn at the request of the petitioner Chairman Flora advised that this petition has been withdrawn at the request of the petitioner. 2Second reading of an ordinance to rezone 9.9 acres from C1 . Office District to C2 General Commercial District with conditions and 5.8 acres from R1 Low Density Residential District to C2 General Commercial District with conditions in order to construct a general office and retail sales facility located at Route 419 near its intersection with Keagy Road, Windsor Hills Magisterial District, upon the petition of Kahn Development Company. (Janet Scheid, Chief Planner) Postponed until April 27, 2004 at the request of the petitioner Chairman Flora advised that this petition had been postponed until April 27, 2004, at the request of the petitioner. 3. Second reading of an ordinance to rezone 4.92 acres from C2C General Commercial District with Conditions to C2 General Commercial District, 8.03 acres from C1 Office District to C2 General Commercial District, and 17.01 acres from R3 Medium March 23, 2004 260 Residential District to C2 General Commercial District in order to construct a general office and retail sales facility located at 4486 Summit Street, Cave Spring Magisterial District, upon the petition of Slate Hill I, LLC, Slate Hill II, LLC, and Woodcliff Investments, LLC. (Janet Scheid, Chief Planner) Postponed until April 27, 2004 at the request of the Planning Commission Chairman Flora advised that this petition has been postponed until August 27, 2004, at the request of the Planning Commission. IN RE: FUNDING REQUESTS FOR FISCAL YEAR 2004-2005 BUDGET 1. Fire and Rescue Volunteer Chiefs Board Chief Sonya Stump and Chief Colin Gee spoke on behalf of the Volunteer Chiefs Board. 2. Social and Human Service Agencies Chairman Flora advised that this time has been set aside for human and social service agencies to submit funding requests to the Board for the 2004-2005 budget. He noted that agencies will be called upon to speak in alphabetical order and requests had been received from 32 agencies. The following representatives spoke on behalf of their agencies: (1) Donna Kazorck, Adult Care Center of the Roanoke Valley - $12,000; (2) Steven Smith, American Red Cross - $4,000; (3) Maryanne Chamberlain, Bethany Hall - $12,240; (4) June House, Big Brothers and Big Sisters of Roanoke Valley - $7,500; (5) Rita Gliniecki, Blue Ridge Behavioral Healthcare - $127,398; (6) March 23, 2004 261 John Whitfield, Blue Ridge Legal Services, Inc. - $3,732; (7) Dr. Bob Heath, Bradley Free Clinic - $6,500; (8) James Ritchie, Brain Injury Services of SWVA - $19,000; (9) Jay Whitmore, Child Health Investment Partnership (CHIP) - $23,360; (10) Jenny Lee, Children’s Advocacy Center of the Roanoke Valley, Inc. - $5,050; (11) Margaret Beazley, Conflict Resolution Center, Inc. - $5,000; (12) Pamela Kestner-Chappelear, Council of Community Services Information and Referral Center - $3,150; (13) Paula Prince, Council of Community Services Roanoke Regional Housing Network - $2,000; (14) John Pendarvis, Family Service of the Roanoke Valley - $5,000; (15) Kathy Lazorak, Good Samaritan Hospice, Inc. - $5,000; (16) Linda LaMona, Goodwill Industries of the Valleys - $5,000; (17) Karen Mason and Tom Dalzell, Habitat for Humanity - $10,000; (18) Annette Loschert, Literacy Volunteers of America/Roanoke Valley - $1,000; (19) Susan Williams, LOA Area Agency on Aging - $27,015; (20) Diane Kelly, Mental Health Association - $1,200; (21) Kirk Ballin, National Conference for Community and Justice - $1,500; (22) Monica Johnson, National Multiple Sclerosis Society - $3,000; (23) Pat Dillard, Presbyterian Community Center - $3,000; (24) Kathy Ryder, Roanoke Area Ministries - $3,000; (25) Daren Gunter, Roanoke Valley Interfaith Hospitality Network - $8,333; (26) G. Wayne Moore, Roanoke Valley Speech and Hearing Center - $1,000; (27) Cabell Youell and Leigh Singh, Saint Francis of Assisi Service Dog Foundation - $10,000; (28) Bill Robertson, Salem/Roanoke County Community Food Pantry - $10,000 (operating) and $10,000 (capital); (29) Jonathan Lee, Salvation Army - $3,000; (30) Stuart Feather, Southwest Virginia Second Harvest March 23, 2004 262 Food Bank - $5,000; (31) Colleen Carrell, TRUST - $7,500; (32) Paula Coker-Jones, YWCA of the Roanoke Valley - $8,000. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Bill Warren , 3318 Locust Grove Lane, Salem, Virginia, spoke in opposition to the $20 fee being charged for the use of Roanoke County athletic fields. He stated that when children attend Roanoke County schools and the parents have paid taxes to Roanoke County, a field use fee should not be charged. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Wray : (1) He thanked Anne Marie Green and Nancy Duval for meeting with the citizens on Raintree Road to resolve their trash collection concerns. (2) He requested that Mr. Hodge verify if the lights at Gold’s Gym have been brought into conformance. Supervisor McNamara: (1) He congratulated John Chambliss, Assistant County Administrator, for recently receiving the Fire Officer of the Year award at the Cave Spring Fire Station. (2) He congratulated former supervisor Fuzzy Minnix for recently being honored by the Salem-Roanoke County Chamber of Commerce as Citizen of the Year. Supervisor Flora: (1) He noted that the Board would have liked to personally comment on the fine job that each agency represented at the meeting tonight does; however, in the interests of time that would not have been feasible. He stated that the Board will do everything they can to provide the needed assistance. (2) He March 23, 2004 263 advised that the Roanoke Times incorrectly reported that the Board of Supervisors would be meeting on March 31 with the School Board to discuss random drug testing. He stated that the only item on the agenda for discussion at the March 31 meeting is the 2004-2005 proposed budget. IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 9:15 p.m. until Tuesday, March 30, 2004 at 4:00 p.m. for the purpose of a budget work session and at 7:00 p.m. to hear funding requests from cultural and tourism agencies. Submitted by: Approved by: ________________________ ________________________ Diane S. Childers Richard C. Flora Clerk to the Board Chairman March 23, 2004 264 This page intentionally left blank.