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HomeMy WebLinkAbout12/2/2003 - Regular December 2, 2003 1083 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 2, 2003 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the first Tuesday and the first regularly scheduled meeting of the month of December, 2003. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Vice-Chairman Richard C. Flora, Supervisors Michael W. Altizer, Joseph B. “Butch” Church, H. Odell “Fuzzy” Minnix MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge,County Administrator;Paul M. Mahoney, County Attorney; Diane S. Childers, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan O’Donnell, Assistant County Administrator; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by the Reverend Branan Thompson, Windsor Hills United Methodist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS December 2, 2003 1084 Mr. Hodge requested that the closed session be expanded to include discussion of appointments to the Western Virginia Water Authority. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of appreciation to Alfred C. Anderson for twenty- eight years of service as Treasurer for the County of Roanoke R-120203-1 Chairman McNamara presented the resolution and Roanoke County throw to Mr. Anderson. Also present was Mrs. Ann Anderson. Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 120203-1 OF APPRECIATION TO ALFRED C. ANDERSON FOR HIS TWENTY-EIGHT YEARS OF SERVICE AS TREASURER OF ROANOKE COUNTY WHEREAS, Alfred C. Anderson is retiring after twenty-eight years as Roanoke County Treasurer, a career that spans over three decades beginning with his first term in 1972 and continuing through six consecutive terms from 1980 through 2003, and WHEREAS, Mr. Anderson, as Treasurer, consistently worked for the benefit of Roanoke County by improving tax payer services including new methods of paying taxes by telephone or on line using credit cards, automatic deduction from checking accounts, and at local banks and drop boxes; upgrading technology to automate procedures; and improving efficiency thereby achieving one of the highest collection rates in the state, and WHEREAS, Mr. Anderson, who graduated with a Bachelor of Science Degree from East Tennessee State University, continued his education throughout this career, becoming a Certified Governmental Treasurer through the University of Virginia, and a Certified Finance Master through the University of Tennessee, and December 2, 2003 1085 WHEREAS, during his tenure as Treasurer, Mr. Anderson also served as President of the Treasurers’ Association of Virginia; President of the National Association of County Treasurers; as Roanoke County Voting Delegate to the National Association of Counties (NACo) for many years; and as a NACo Steering Committee Member; named Treasurer of the Year by the Treasurers’ Association of Virginia in 1986; and received the Victor E. Martinelli Outstanding Treasurers Award in July 1996, and WHEREAS, Mr. Anderson has been a good friend and neighbor to the citizens of Roanoke County by serving as President of the Vinton Host Lions Club; President of the Dogwood Festival of Virginia; Treasurer of Vinton Masonic Lodge #204; Treasurer of the Virginia Recreational Facilities Authority (Explore Park); and as a member of the Roanoke Valley – Allegany Regional Commission and it’s Legislative Committee. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, on its own behalf and on behalf of the citizens of Roanoke ALFRED C. ANDERSON County, does hereby extend its sincere appreciation to for twenty-eight years of service to the residents of Roanoke County; and FURTHER, BE IT RESOLVED that the Board of Supervisors does hereby extend its sincere best wishes to Mr. Anderson in his future. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None 2. Presentation from the U. S. Marine Corps Reserve Unit and the Marine Corps League and appropriation of $7,500 proceeds from the 8th Annual Marine Mud Run 1st Sgt. Reeves and Mike Shepherd made the presentation to Chairman McNamara. Also present were Pete Haislip, Director of Parks, Recreation and Tourism, and Eddie Ford, Recreation Supervisor. 3. Recognition of the Fire and Rescue Department for receiving the 2003 Virginia Association of Counties (VACo) Achievement December 2, 2003 1086 Award for the joint efforts at the Clearbrook Fire and Rescue Station The VACo Achievement Award plaque was presented to Chief Rick Burch and Chief Jim Grigsby. The following members of the Clearbrook Fire and Rescue Station were also present: Battalion Chief Gary Houff; Lieutenant Sam Stump; Deputy Chief David Hoback, Roanoke City; Lieutenant Eddie Chitwood; Ernest Amos, Volunteer Fire Chief; Watson Simmons, Volunteer Firefighter; Susan Lowe, Volunteer Firefighter; and David Altizer, Firefighter/Paramedic. IN RE: BRIEFINGS 1. Briefing on the County Public Health Report Card. (Dr. Molly O'Dell, Director, Alleghany and Roanoke City Health Districts) Dr. O’Dell advised that with regard to environmental issues, Roanoke 32 County had five occurrences when the nitrous oxide O and SO monitor exceeded the EPA standards. She advised that the monitor is located in Roanoke County, and that is why the data reflects these occurrences on the Roanoke County report card. Ms. O’Dell noted that for the first time, the teen pregnancy rate in Roanoke County surpassed the rate at the state level. The data is reported in terms of rates for comparison purposes but in total numbers, there were 179 teen pregnancies in Roanoke County in 2001. Of these, 113 were 18 or 19 years of age; 61 were 15-17 years of age; and 5 were under age 15. Seventy-seven of these cases ended in abortion, which is also increasing. The trend reflects that a new level has been reached December 2, 2003 1087 in this indicator. Over the last 100 years, every segment of the U. S. population’s health care has improved, with the exception of teenagers. The teen pregnancy data is just one indicator of the health status of teenagers as a group. Dr. O’Dell advised that teenagers are less likely to seek health care treatment due to the fact that they are generally healthy. In conjunction with these concerns, Dr. O’Dell noted that the rates of gonorrhea and chlamydia have increased. She stated that the gonorrhea rate in Roanoke City is three times the state average, and some aggressive initiatives are underway to address this problem. One of the problems with gonorrhea and chlamydia is that infected males do not seek treatment and therefore do not remove themselves from the pool of infection. Supervisor Altizer questioned why the public health spending per capita in Roanoke County, which is $13.75, was roughly 3½ times less than the rate in other localities. Dr. O’Dell advised that this figure is partially a local match for the state’s funding. Because Roanoke County pays a higher percentage share due to their greater revenue capabilities, this results in a lower per capita spending rate. Supervisor Altizer also noted that the percentage of the population age 65 and older is approximately 16% in Roanoke County, and he questioned if this number fluctuates with regard to the average age of the population in Roanoke County? Dr. O’Dell stated that between 1995 and 2000, the average age has remained relatively stable. December 2, 2003 1088 In response to an inquiry from Supervisor Church, Dr. O’Dell advised that this report information is available to citizens at the public libraries. IN RE: NEW BUSINESS 1. Request for an extension of time to analyze a Section 15.2- 2232 request of the Vaughan and Jackson development, Back Creek community well facility, Cave Spring Magisterial District. (Janet Scheid, Chief Planner) R-120203-2 Ms. Scheid advised that on October 31, the County received a proposal to build a privately owned community well system on approximately 200 acres behind Back Creek Elementary School from David Vaughn and Ron Jackson, developers of the residential property. Section 15.2-2232 of the Code of Virginia provides authority to the Roanoke County Planning Commission to determine if this facility is substantially in accord with the adopted Comprehensive Plan of the County. This Code section also allows the Planning Commission sixty (60) days to complete their study. The Planning Commission has determined that in order to thoroughly study this proposal and analyze the various land use impacts of such a facility and to obtain critical public input that additional time is necessary. The Planning Commission on November 18, 2003 passed a resolution requesting a 90-day extension of time to study this proposal. December 2, 2003 1089 There was no discussion on this item. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 120203-2 REQUESTING AN EXTENSION OF TIME TO ANALYZE A SECTION 15.2-2232 REQUEST – COMMUNITY WELL FACILITY – BACK CREEK AREA WHEREAS, on October 31, 2003 Roanoke County received a request to allow the development of a privately owned community well facility on property behind Back Creek Elementary along Route 221 south; and WHEREAS, this privately owned public utility facility is not shown on the adopted Comprehensive Plan of Roanoke County; and WHEREAS, the Code of Virginia Section 15.2-2232 provides the authority to the Roanoke County Planning Commission to determine if this facility is substantially in accord with the adopted comprehensive plan of Roanoke County; and WHEREAS, the Planning Commission has determined the need to study the issue, analyze the land use impacts of such a facility and receive public input; and WHEREAS, the Planning Commission is granted by the Code of Virginia Section 15.2-2232 sixty (60) days to complete such a study unless an extension of time is requested of the governing body; and WHEREAS, the Planning Commission has determined that additional time to thoroughly study this Issue is necessary. NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Planning Commission is requesting an additional 90 days (for a total study time of 150 days) to study the Section 15.2-2232 request for the development of a privately owned community well system in southwest Roanoke County. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None December 2, 2003 1090 2. Request to authorize the County Administrator to ratify and confirm the Performance Agreement between Roanoke County, the Industrial Development Authority of Roanoke County, and Lowe’s Home Improvement, Inc. (Doug Chittum, Director of Economic Development) A-120203-3 Mr. Chittum advised that Lowe’s has begun construction on a new site at the corner of Routes 460 and 220 South which is due to open in mid-January 2004. The Public Private Partnership Policy, which is an economic development grant equivalent to one year’s new tax revenue, is being applied to this performance agreement to gain improvements to the facility that will benefit the surrounding community. Supervisor Altizer questioned whether there is a rollover into the following year if the revenues do not reach $500,000 by December. Mr. Chittum advised that there is no rollover for the reimbursement incentives. The amount of revenues produced during the first year is the amount available for reimbursement, up to the stated maximum. Supervisor Flora moved to approve the staff recommendation (authorizing the County Administrator to ratify and confirm the Performance Agreement between Roanoke County, the Industrial Development Authority of Roanoke County and Lowe’s Home Improvement, Inc.) The motion carried by the following recorded vote: December 2, 2003 1091 AYES: Supervisors Flora, Church, Minnix, Altizer NAYS: Supervisor McNamara IN RE: APPOINTMENTS 1. Blue Ridge Behavioral Healthcare Supervisor McNamara requested that John M. Hudgins, Jr., member at large, be placed on the December 16, 2003, agenda for ratification. He will serve a three-year term which will expire on December 31, 2006. Supervisor McNamara nominated Dan O’Donnell, Assistant County Administrator, to serve an additional three-year term which will expire on December 31, 2006. 2. Library Board (Appointed by District ) Supervisor Church nominated Josie Eyer, Catawba District, to serve an additional four-year term which will expire on December 31, 2007. Supervisor McNamara nominated Sheryl L. Ricci, Windsor Hills District, to serve an additional four-year term which will expire on December 31, 2007. 3. Roanoke County Planning Commission (Appointed by District) Supervisor Minnix advised that he will yield this appointment to Supervisor-Elect Michael A. Wray. 4. Roanoke Valley Resource Authority Supervisor McNamara nominated Anne Marie Green, Director of General Services, to serve an additional four-year term which will expire on December 31, 2007. December 2, 2003 1092 IN RE: CONSENT AGENDA R-120203-4; R-120203-4.d; R-120203-4.g Supervisor Minnix moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 120203-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - 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 December 2, 2003 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 9, inclusive, as follows: 1. Approval of minutes - October 28, November 9, and November 18, 2003 2. Request to accept water and sanitary sewer serving The Orchards – Cortland Meadows, Section 1 3. Request from the Library to accept and appropriate grant funds in the amount of $6,545 from the Sharkey Family Charitable Foundation to be used to purchase materials for children’s programming 4. Request to accept water and sanitary sewer serving Brookfield, Section 4 5. Request to accept Glen Meadow Drive into the State Secondary System 6. Request from schools to accept and appropriate $3,106 increase in Carl Perkins Entitlement funds for use in the career and technical education programs 7. Request from schools to accept and appropriate funds in the amount of $12,908.27 from the Virginia Department of Education for the mentor teaching program 8. Request to accept Stratford Way, Juliet Court, and Hamlet Trail into the State Secondary System 9. Request to accept donation of drainage easements on property of Charles R. Simpson, Inc. (Tax Map No. 61.01-1-2.3) and Greystoke Partnership (Tax Map No. 61.01-1-2), Vinton Magisterial District December 2, 2003 1093 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 Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None RESOLUTION 120203-4.d REQUESTING ACCEPTANCE OF GLEN MEADOW INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form SR-5(A), fully incorporated herein by reference are shown on plats recorded in the Clerk’s Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department’s Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Minnix Seconded By: None Required Yeas: Supervisors Flora, Church, Minnix, Altizer, McNamara Nays: None RESOLUTION 120203-4.g REQUESTING ACCEPTANCE OF STRATFORD WAY, JULIET COURT, AND HAMLET TRAIL INTO THE December 2, 2003 1094 VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described on the attached Addition Form SR-5(A), fully incorporated herein by reference are shown on plats recorded in the Clerk’s Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department’s Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: Supervisor Minnix Seconded By: None Required Yeas: Supervisors Flora, Church, Minnix, Altizer, McNamara 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 Flora, Church, Minnix, Altizer, McNamara NAYS: None 1. General Fund Unappropriated Balance December 2, 2003 1095 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future Capital Projects 5. Accounts Paid – October 2003 6. Statement of expenditures and estimated and actual revenues for the month ended October 31, 2003 7. Report from VDOT of changes to the secondary road system in October 2003 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Altizer: (1) He extended condolences to Eric Thomas, member of the Board of Zoning Appeals, and his family on the recent death of his daughter in a car accident. He advised that Miss Thomas was also the granddaughter of Delegate Vic Thomas. (2) He thanked the School Board for their actions on behalf of the residents of Hill Drive. Supervisor Church: He thanked the School Board for their actions with regard to the school attendance issue on Hill Drive, and stated that the situation had to be corrected. He requested that staff work to prevent similar occurrences in the future. Supervisor McNamara : He advised that the Roanoke County Tree Lighting Ceremony will be held at the Brambleton Center on December 4 at 7:00 p.m. IN RE: WORK SESSIONS (4th Floor Conference Room) 1. Work session to discuss remote control locomotive operations. (Paul Mahoney, County Attorney) December 2, 2003 1096 The work session was held from 4:44 p.m. until 5:08 p.m. Mr. Mahoney briefed the Board on the Federal Railroad Administration (FRA) recommended minimum guidelines regarding the use of remote control locomotive operations, and advised that these are not federally mandated regulations; therefore, there is no penalty for noncompliance. He noted that this issue appears to be a dispute between the nation’s major railroads and one of its unions, the Brotherhood of Locomotive Engineers (BLE), as well as a dispute between two unions, the BLE and the United Transportation Union (UTU). He asked the Board for direction in this matter, and questioned whether they wished to meet with representatives of the FRA, UTU, or Norfolk Southern (NS). In response to an inquiry from Supervisor Flora, Mr. Mahoney advised that there are no rail yards in Roanoke County. There was discussion regarding the definition of a rail yard and how far a rail yard extends based on the interpretation of the definition. Supervisor Altizer advised that he has safety concerns with respect to the operation of remote control locomotives, and stated that the regulations should be mandatory as opposed to recommended guidelines. He requested that the Board consider a resolution to the FRA at the December 16 meeting requesting that the recommended guidelines be changed to mandatory regulations in order to protect the safety of the citizens. He also suggested that Norfolk Southern be contacted and requested to meet with the Board regarding some of these issues. December 2, 2003 1097 Supervisor Church questioned if remote control locomotives would be operated near neighborhoods or schools. Mr. Mahoney advised that the answer depends on how you define a rail yard. It was the consensus of the Board to place the resolution on the December 16 agenda for consideration. 2. Work session with citizens to discuss Back Creek development. (Elmer Hodge, County Administrator) The work session was held from 5:20 p.m. until 6:15 p.m. Mr. Hodge advised that members of the Planning Commission, as well as representatives from the development community, were present at the meeting. He stated that the focus for this discussion is on the issue of development itself, rather than a specific proposed development. He voiced concern with “leapfrog” development, some of which relies on community water systems. He noted that this type of development goes beyond the existing infrastructure of a locality and impacts roads, water and sewer, schools, and fire and rescue services. He noted that possible solutions to this issue are part of the current Comprehensive Plan review, and stated that these solutions must be incorporated into the County’s policies and procedures in order to protect ridge tops and view sheds in the future. He indicated the desire to have developments be compatible with the existing infrastructure. December 2, 2003 1098 Pam Berberich, 6679 Mallard Lake Court, advised that Citizens for Smart Growth now consists of over 300 citizens. She introduced Mr. Leaman who will be making the presentation on behalf of the group. William Leaman, 7501 Dawnwood Road, stated the following areas of citizen concerns: (1) overcrowding in schools; (2) traffic congestion on Route 221 and secondary roads; (3) overtaxed emergency services; (4) depletion of the local aquifer; (5) compromised quality of life; and (6) economic impact of a spoiled Blue Ridge Parkway view shed. The citizens requested that the Board of Supervisors consider the following actions: (1) enforce current density limiting regulations; (2) review zoning along the Route 221 corridor and downzone to AG1 and AG3, as appropriate; and (3) investigate adequate public facilities regulations. Annie Krochalis, 9428 Patterson Avenue, spoke regarding this matter. She noted that in the 1995 Comprehensive Plan review, focus groups identified the following community-wide themes: (1) regionalism; (2) sustainability; (3) community identity; (4) scenic beauty; and (5) quality of life. Ms. Krochalis stated that the focus should be on how to put more strength into the Comprehensive Plan, and questioned if a “green line” could be enforced. She also questioned whether accountability measures such as cash proffers could be addressed with developers and whether there could be a mandated level of infrastructure prior to overdeveloping an area. She noted a growing concern regarding issues of enforcement of standards and compliance with existing codes and regulations. December 2, 2003 1099 Robert Seymour, 7552 Boxwood Drive, stated that it is clear that there is a consensus of concern and noted that more individuals would be present if they felt there was something that could actually be done to remedy the situation. He offered the assistance of the citizens in helping the Board to address these areas of concern, and stated that because the developers do not cause these problems, it does not relieve them of the responsibility to not exacerbate the situation. He stated the need to strengthen the Comprehensive Plan. Don Witt, member of the Roanoke County Planning Commission, stated that in the early 1990s, Roanoke County had a citizen’s visioning process. One section of this process, which dealt with growth management, encouraged growth in the urban services area. He advised that increasing density and encouraging growth in the urban services area was the basis for the Comprehensive Plan. Supervisor Flora noted that some of the school information that was cited was inaccurate, and advised that Hidden Valley High School has not yet reached capacity. He concurred with most of the citizens recommendations; however, he stated that downzoning can create legal problems. He advised that density is the issue that must be addressed and that lowering density will decrease the number of houses, which will in turn lessen the impact on the infrastructure. Supervisor McNamara stated that many of the concerns expressed by the citizens are the same ones that were discussed by the Board at their recent retreat. He indicated that everyone appears to share concerns about community water systems. December 2, 2003 1100 He advised that the Board wants to do what is best for the individuals who will purchase homes in these new developments, and stated that it costs the County money to fix the problems when community water systems fail. Supervisor Flora clarified his earlier comments by stating that in some places, high density development may be appropriate; however, it is not appropriate where “leapfrog” development is occurring. There was general discussion regarding adequate public facilities legislation, and Ms. Scheid reported that there is a slim chance that this legislation will succeed in the General Assembly. She advised that Roanoke County cannot levy impact fees, but they could decide to implement cash proffers. Mr. Hodge recommended that Mr. Mahoney and Ms. Scheid go through the Comprehensive Plan review process and evaluate the information that will be examined by the Planning Commission. This information can then be presented to the Board in a public hearing format. Supervisor Church stated that the Board hopes to achieve managed growth that will not adversely impact areas in the County. He stated that consistency in the criteria that is applied for all districts is necessary. Mr. Mahoney advised the following: (1) Planning Commission and staff are reviewing proposed revisions to the Comprehensive Plan; (2) a joint work session with the Planning Commission is scheduled for December 16, 2003; (3) several ordinance changes may be forthcoming and these should be consistent with the December 2, 2003 1101 Comprehensive Plan; (4) staff is reviewing development/utility ordinances, as well as development standards with respect to storm water management. With regard to the pending Section 2232 review of the David Vaughn and Ron Jackson property, Mr. Mahoney stated that the Planning Commission will need to determine if the proposed development is in substantial conformity with the Comprehensive Plan. If the decision is appealed to the Board of Supervisors, they will need to judge the facts in the appeal. Mr. Mahoney advised that he did not want to prejudge or prejudice a matter that may come before the Board in the future. Mr. Hodge recommended that the County proceed with the review and update of the Comprehensive Plan, and advised that the Community Development office will conduct administrative reviews to ensure that development on marginal lots is not allowed. IN RE: CLOSED MEETING At 4:18 p.m., Chairman McNamara moved to go into closed session pursuant to the Code of Virginia Section 2.2-3711 A (1) discussion of the appointment of specific public officers, namely Grievance Panel. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara NAYS: None IN RE: CLOSED MEETING The closed meeting was held from 4:25 p.m. until 4:42 p.m. December 2, 2003 1102 IN RE: ABSENCE Supervisor Minnix left the meeting at 4:42 p.m. IN RE: CERTIFICATION RESOLUTION R-120203-5 At 4:43 p.m., Supervisor McNamara moved to adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Flora, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Minnix RESOLUTION 120203-5 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, Church, Altizer, McNamara NAYS: None ABSENT: Supervisor Minnix December 2, 2003 1103 IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 6:16 p.m. Submitted by: Approved by: ________________________ ________________________ Diane S. Childers Joseph P. McNamara Clerk to the Board Chairman December 2, 2003 1104 This page intentionally left blank.