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HomeMy WebLinkAbout9/9/2008 - Adopted Board Records ACTION NO. A-090908-1 ITEM NO. F-1 AT A REGL~LAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COL~NTY ADMINISTRATION CEN-rER MEE-rING DATE: September 9, 2008 AGENDA ITEM: Request to appropriate $3,170,004 school funds for professional services for four elementary schools SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Dr. Martin Misicko Director of School Operations APPROVED BY: John M. Chambliss County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In order to proceed with the design of renovations at Mason's Cove, Mount Pleasant, Green Valley, and Cave Spring Elementary Schools, funds are needed for A&E and other related professional fees in the amount of $3,170,004 as shown on the attached schedule. Once the design work is complete, the specifications must be filed with the Department of Education prior to advertizing the project for bids in order to be eligible for literary fund loans. After the bid process is c0l11pleted and the total project cost has been calculated, literary loans and/or VPSA bonds will be used to reimburse the design costs. The required reimbursement resolution was approved by the County Board on August 12, 2008 and the School Board on August 14, 2008. FISCAL IMPACT: A total of $3,170,004 will be advanced from the Future Debt Service Reserve Fund which contains $3,488,000 in funding in FY 08-09 for the debt service associated with renovating these four elementary schools until the future literary 10anNPSA bonds are sold. STAFF RECOMMENDATION: Staff recommends appropriation of the advance of $3,170,004 from the Future Debt Service Reserve Fund for the professional services related to the design of the renovation projects at Mason's Cove, Mount Pleasant, Green Valley, and Cave Spring Elementary schools until the future literary loanNPSA bonds are sold. vo-rE: Supervisor Flora nlotion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore ~ D D Mr. Church ~ D D Mr. Altizer ~ D D Mr. McNamara ~ D D Mr. Flora ~ D D c: Diane Hyatt, Chief Financial Officer Dr. Martin Misicko, Director, School Operations Rebecca Owens, Director, Finance Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board 2 Advance Needed for 4 Elementary School Renovations Green Mount Cave Spring Mason's ITEM DESCRIPTION Valley Pleasant Elem Cove Elem Total FEES A&E Fee: Assessment Phase Study $ 75,000 $ 751000 $ 751000 $ 75 t 000 $ 300,000 A&E Fee: Basic Services 529.146 529,146 529 .082 518,478 2,105.851 Credit Back from Assessment Phase (25tOOO) (25,000) (25,000) (25,000) (100tOOO) A&E Reproduction & Misc. Reimbursable Costs 15,000 15.000 15,000 15,000 601000 FF&E Design Fee 33,332 331332 33,328 32.660 132,652 Site T o po/Survey Fees 9,500 9 I 500 11 ,500 151000 45,500 Civil Engineering & Landscape Fees 501000 50,000 50,000 1 00.000 250,000 Off-Site Water/Sewer Engineering Fees 0 0 0 25,000 25,000 Sanitary Disposal Water Engineering Fees 0 0 0 70.000 70,000 Geothermal Testing & Analysis Fees 91000 9.000 9,000 9rOOO 36,000 Soils Investigations Fees 5,000 5.000 5,000 7.000 22,000 Hazardous Materials Design/Monitoring Fees 10,000 10tOOO 1 0,000 1 0,000 40,000 Regulatory Site Review/Permit Fees 2,000 21000 2)000 2.000 8,000 Utility Connection Fees 0 15,000 0 0 151000 Value engineering services 40 t 000 40.000 401000 40 I 000 160,000 Total $ 752,978 $ 767,978 $ 754191 0 $ 894, 138 $ 31170,003 09-09-Attachment Approp for Elem Schools.xls 9/3/2008 ACTION NO. A-090908-2 rrEM NO. F-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CEN-rER MEETING DATE: Septernber 9, 2008 AGENDA ITEM: Request to appropriate $1,132,950 school funds for professional services for the William Byrd High School addition/renovation project SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Dr. Martin Misicko Director of School Operations APPROVED BY: John M. Chambliss County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: William Byrd High School is the next project on the School capital improvements plan. Based on the funding plan of the Future Debt Service Reserve Fund, the design work on the project is scheduled for 2008-09, with the debt service to begin in 2009-1 O. In order to proceed with the design of the addition/renovation of William Byrd High School, funds are needed for A&E and other related professional fees in the amount of $1,132,950 as shown on the attached sched u Ie. Once the design work is complete, the specifications must be filed with the Department of Education prior to advertizing the project for bids in order to be eligible for literary fund loans. After the bid process is completed and the total project cost has been calculated, literary loans and/or VPSA bonds will be used to reimburse the design costs in excess of $900,000 (amount planned to be funded by the School Major Capital Reserve), or $232,950 The required reimbursement resolution was approved by the School Board on October 26, 2005 and the Board of Supervisors on November 15, 2005. FISCAL IMPACT: A total of $1,132,950 will be advanced from the School Major Capital Reserve until the future literary loanNPSA bonds are sold. STAFF RECOMMENDA1-ION: Staff recommends appropriation of the advance of $1,132,950 from the School Major Capital Reserve for professional services related to the design of the WBHS addition/renovation project until the future literary loanNPSA bonds are sold. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore ~ D D Mr. Church ~ D D Mr. Altizer ~ D D Mr. McNamara ~ D D Mr. Flora ~ D D c: Diane Hyatt, Chief Financial Officer Dr. Martin Misicko, Director, School Operations Rebecca Owens, Director, Finance Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board 2 Advance Needed for Wm Byrd High School Addition/Renovation WBHS FEES A&E Fee: Assessment Phase Study A&E Fee: Basic Services Credit Back from Assessment Phase A&E Reproduction & Misc. Reimbursable Costs FF&E Design Fee Site Tapa/Survey Fees Civil Engineering & Landscape Fees Off-Site Water/Sewer Engineering Fees Sanitary Disposal Water Engineering Fees Geothermal Testing & Analysis Fees Soils Investigations Fees Hazardous Materials Design/Monitoring Fees Regulatory Site Review/Permit Fees Utility Connection Fees Value Engineering Services $ 1001000 796.290 o 151000 501160 131 500 60 I 000 o o 91000 5.000 1 0,000 2,000 12,000 60,000 Total $1,132,950 09-09- Attachment Approp for Wm Byrd.xls 9/3/2008 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COL~NTY ADMINISTRATION CEN-rER ON TUESDAY, SEP-rEMBER 9,2008 RESOLu-rION 090908-3 AU-rHORIZING THE ABANDONMENT OF RIGHT- OF-WAY SHOWN AS A PORTION OF BRENTWOOD COURT ON PLAT OF SECTION NO.3 OF KINGSTON COURT, IN PLAT BOOK 11, PAGE 39, OF -rHE ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE, THE ACCEPTANCE OF THE EXTENSION OF BRENTWOOD COURT INTO THE STA.rE SECONDARY SYS.rEM, AND THE RECISSION OF RESOLU.rION 0311 08-4.d ADOp-rED ON MARCH 11, 2008 , SAID RIGHT- OF-WAY LOCATED IN THE WINDSOR HILLS MAGIS-rERIAL DISTRICT WHEREAS, the plat of Section NO.3 of Kingston Court subdivision, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 11, page 39, dedicated a street designated as Brentwood Court extending from Chippenham Drive to a turn around or cul-de-sac, which street has been accepted into the Secondary Road System by Resolution 1 0990-4.c of the Roanoke County Board of Supervisors; and WHEREAS, the plat of The Manor of Kingston Court, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 27, page 156, extended the street designated as Brentwood Court, VA Secondary Route 1983, which extends Brentwood Court from its existing terminus to the end of a new permanent cul-de-sac in this subdivision; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, on March 11, 2008, approved a request for the acceptance of this 0.08 miles of Brentwood Court (Route 1983) into the Virginia Secondary Road System and the abandonment of 3,392 square feet of exiting VDOT right-of-way to revert to Lot 16, Block 2, Section 3 of Kingston Court subdivision; and 1 WHEREAS, the Virginia Department of Transportation (VDOT) has expressed reservations regarding the sequence in which the initial portion of Brentwood Court, Route 1983, had been abandoned and the request made by the Board for the acceptance of the entire length of Brentwood Court into the State Secondary Systenl; and WHEREAS, those portions of Brentwood Court identified to be abandoned and discontinued are deemed to no longer serve public convenience which would warrant their maintenance at public expense; and WHEREAS, the new road area serves the same citizens as those portions of Brentwood Court identified to be abandoned and those segments no longer serve a public need; and WHEREAS, the above-described portion of street or road is more clearly indicated as "ACCEPTANCE OF AN EXTENSION OF BRENTWOOD COURT INTO -rHE VIRGINIA DEPARTMENT OF TRANSPORTAl-ION SECONDARY SYSTEM AND ABANDONEr\lIENT OF 1 ,326 S.F. OF EXISTING ROW", prepared by Roanoke County Department of Community Development and attached hereto as Exhibit "An; and NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Resolution 0311 08-4.d adopted by this Board on March 11, 2008, is hereby rescinded. 2. -rhat pursuant to S 33.1-155 of the Code of Virginia, 1950 as amended, this Board hereby orders abandoned from the secondary system of state highways the portion of Brentwood Court, State Route 1983, from a point (A) 0.0155miles from Chippenham 2 Drive, State Route 1980, to a point (B) 0.0395 miles from Chippenham Drive, State Route 1980, a total distance of 0.024 miles. 3. That pursuant to 9 33.1-229 of the Code of Virginia, 1950, as amended, this Board hereby establishes as part of the secondary system of state highways an extension of Brentwood Court, State Route 1983, from a point (A) 0.0155 miles from Chippenham Drive, State Route 1980, to a point (B) 0.0395 miles from Chippenham Drive, State Route 1980, a total distance of 0.024 miles and requests the Virginia Department of Transportation to accept and maintain this new subdivision street extension. 4. That pursuant to 9 33.1-229 of the Code of Virginia, 1950, as amended, this Board hereby establishes as part of the secondary system of state highways an extension of Brentwood Court, State Route 1983, from a point (8) 0.0395 miles from Chippenham Drive, State Route 1980, to a point (C) O.0855miles from Chippenham Drive, State Route 1980, a total distance of 0.070 miles and requests the Virginia Department of Transportation to accept and maintain this new subdivision street extension. 5. -rhat upon receipt of the County's receipt of notification from the Commonwealth Transportation Commissioner as required by Section 33.1-154, Code of Virginia, (1950 as amended) that any remaining public right of way is no longer deemed necessary for public use, such property may be deemed vacated and may be returned to adjoining landowners by subsequent action of this Board. 6. -rhat the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this resolution, all of which shall be on form approved by the County Attorney. 3 7. That this resolution shall be effective on and from the date of its adoption. 8. That a certified copy of this resolution shall be forwarded to the Salem Resident Engineer for the Virginia Department of Transportation (VDOT). Moved by: Seconded by: Yeas: Nays: Supervisor McNamara None Reauired Supervisors Moore, Church, Altizer, McNamara, Flora None A Copy Teste: (. Brenda J. H Iton, CMC Deputy Clerk to the Board pc: Arnold Covey, Director, Department of Community Development Teresa Becher, Transportation Engineering Manager Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 090908-3 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, September 9, 2008. Mary V. Brandt, CPS Assistant Deputy Clerk 4 EXHIBIT A .....- -,"-~::;- ..... --- -.- ~...- ~_.~ "f. \ ", . - ~,,;~ .lIII ..: -: .. ~ · .......~ .~...l,::....".. .:t: 1 '-I' j.. ;~- ;:,..-... 11I1 ~ ~ + ":...: 1'1:. !II""~ .-~ . r~.1 ... I. .... ..-.... :...... "'C;:~. ~. VIL~NITY MAP NORTH " ""'.......+L - '-.."".~ - - - ~ ---- .. ---...- t ~" ,.. v ..:.~ ... .!.... ~"....:f~ t"~~:-'II' ~".. ... ~ ..~~. .,..:.,. ~ ~ ..~... ~v~,.... r,. r.;\. ~~~~ ,';~~.;~"\'" f I:;f r--Ii .""""1 ...-"T: ~,.rl oil _ _ ~~ . . ~ - .... -..- JI (P 38 I:.~ 4U. J \ · 'J' ..... ( .. , \ 10 _.' I" ... \ ~, 3 CJ ~/l I::" ::~:~: .~: .~:~~ _ :~)~'"~":j: r 4536 I -r Lor .2 . .._ , ..\'... !. /..~ l' ".:;i~:J ~~f" 1'" '. ~~' "~'~~ ,;~'~"' . h: .... I" : .... .' ~~ ;'~.. .~< l .'~." >-. .'~ t.~.::< -:E -~ ~/:. ", Lor 1 ::~ '5J sF. ~..,}.:,:;~'~~":. ~r~ 4 5 2. 0 it ~ : t' l' \;.~~ \; :~~ ~ ~ .f----.. --~~~-::::---.- ~~" I I I.. ~ :\~ ~:~. 44IC ;;..~ ~ ~'.~ ;101:._ lt u ~ ...~'" .,. " \-,,' 1_.... ~ - _ _ 1-525 LOT4 19.4eG ~. tl4t.. AC . ~ -4 5 3 J ;- r lor -4 !' It~.:!llJ ~r l Q.J;';" lie 41 t ,.;. .. ,'; '.~'. ,::.:. 'J,j..~ . .. '. I'" '" t t t t ,~ .,.. ~ .....:... '*':..... (I 8." 11I..o- ! ---... _ . \ 0 t ..t1 ~ \\ I, r'\ ~ .._~1' 43 Itt~! ..:. .l,,~ ... 1l\..tf;[J. . I'" ...~ {Q) : ~':.~~.:".. ~~C1 PROPOSED ADDI~rION SHOWN IN GRAY AND ABANDONMENT IN BLACK ':~, rAY ,~ I DESCRIPTION LENGTH RIGHT OF WAY Feet ROADWAY WrDMrH SERvrCES Miles Feet Houses Brentwood Court Extension. from the eXisting end of BrentvYood court (0 its cul~de~sac Abandonment of 1.326 S F of existing ROW 008 40 26 6 ROANOKE COUNTY OEP ARTMENT OF COMMUNITY OEVLOPMENT ACCEPTANCE OF AN EXTENSION OF BRENlWOOD COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SeCONDARY SYSTEM AND ABANDONMENT OF 1.326 S. F~ OF EXISTING ROW AT A REGULAR MEETING OF "rHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRA-rION CEN-rER ON TUESDAY, SEPTEMBER 9,2008 RESOLUTION 090908-4 INITIATING AN AMENDMENT TO SECTION 30-91-2, GENERAL REGULATIONS FOR PARKING, OF -rHE ROANOKE COUNTY ZONING ORDINANCE TO MODIFY PROVISIONS RELA1-ING TO PARKING OF BOATS ON CORNER LOTS WHEREAS, Section 30-14 of the Roanoke County Code and Section 15.2-2286 of the Code of Virginia provides that whenever the public necessity, convenience, general welfare, or good zoning practice requires, an amendment to the zoning regulations or district maps may be initiated by resolution of the governing body; and WHEREAS, the Board requests this amendment in order to address concerns with respect to the parking of boats on corner lots, and to initiate by resolution the procedures to amend these sections of the Roanoke County Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1. That an amendment to Section 30-91-2, "General Regulations for Parking", of the Roanoke County Zoning Ordinance is hereby initiated in order to allow for the parking of boats within the front and side yard setbacks of corner lots. -rhat this amendment would return to the provisions applicable to corner lots prior to the April 27, 1999 amendments, and that no sight distance or safety is compromised. These provisions allowed the parking of recreational vehicles, boats, and utility trailers behind the front building line unless space is provided in a completely enclosed garage or other building. 2. -rhat this amendment be submitted to the Planning Commission for its review and recommendation, which shall be forwarded to the governing body. Further this amendment shall be scheduled for public hearings before the Planning Commission and Board of Supervisors at the earliest practicable dates consistent with public notices as required by law. 3. That the public necessity, convenience, general welfare, or good zoning practice requires this amendment. On motion of Supervisor McNamara to adopt the resolution reverting to the ordinance prior to the 1999 ordinance with an additional statement that no sight distance or safety is compromised, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COpy TESTE: Brenda J. Ho ton, CMC Deputy Clerk to the Board c: Paul Mahoney, County Attorney Philip Thompson, Deputy Director, Planning Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COL~NTY ADMINISTRATION CEN-rER ON TUESDAY, SEPTEMBER 9, 2008 RESOLu-rION 090908-5 APPROVING AND CONCLIRRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS rrEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for September 9, 2008 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 7 inclusive, as follows: 1. Request from the Fire and Rescue Department to accept and appropriate funds in the amount of $32,350 for two grants from the Virginia Department of Health for heart monitors and replacement of laptop computers on ambulances 2. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $53,042 from the Virginia Department of Health for purchase of new arTlbulance 3. Request from the schools to accept and appropriate funds in the amount of $24,990.47 for Fiscal Year 2008-2009 4. Request to donate a surplus Motor Grader to Craig County 5. Request to approve amendment to the Roanoke County Bonding Policy 6. Confirmation of committee appointments 7. Resolution of appreciation to Michael L. Lewis, Fire and Rescue Department, upon his retirement after twenty years of service 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 Flora to adopt the resolution with Item 4 removed, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None On motion of Supervisor Altizer to adopt Itenl J-4, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara NAYS: None ABST AI N: Supervisor Flora A COpy TESTE: , Brenda J. Hol on, CMC Deputy Clerk to the Board c: Rick Burch, Chief, Fire & Rescue Rebecca Owens, Director, Finance Pete Haislip, Director, Parks & Recreation Arnold Covey, Director, Comnlunity Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board 2 ACTION NO. A-090908-5.a ITEM NO. J-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CEN-rER MEE-rING DATE: September 9, 2008 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate funds in the amount of $32,350 for two grants from the Virginia Department of Health SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief APPROVED BY: John Chambliss County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Fire and Rescue Department requests that the Board accept and appropriate the following grants: 1. -rhe Virginia Department of Health, Office of Emergency Medical Services, has awarded the Fire and Rescue Department a 50 010 matching grant (Grant #VN-C01/ 12-07) totaling $18,000 to purchase two 12-lead heart monitors. 2. -rhe Virginia Department of Health, Office of Emergency Medical Services, has awarded the Fire and Rescue Department a 50010 matching grant (Grant # VN-C01 I 12-07) totaling $14,350 to purchase 10 mobile laptop computers for use on the ambulances. These computers will replace 1 0 current computers. FISCAL IMPACT: 1. The Roanoke County Fire and Rescue Department has budgeted funds for the 500/0 match that the State requires for the grant to purchase the 12 lead heart monitors. 2. -rhe Roanoke County Fire and Rescue Department and the County have budgeted for the 500/0 match that the State requires for the grant for the 1 0 new lap top computers AL-rERNA TIVES: 1. -rhe department will not be able to purchase the new heart monitors without the matching funds from the State. 2. The department will not be able to purchase the new lap top computers without the matching funds from the State. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the grants funds in the amount of $32,350 into the Fire and Rescue Department's budget. vo-rE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore ~ D D Mr. Church ~ D D Mr. Altizer ~ D D Mr. McNamara ~ D D Mr. Flora ~ D D c: Rick Burch, Chief, Fire & Rescue Rebecca Owens, Director, Finance 2 ACTION NO. A-090908-5.b ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COL~NTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINIS-rRATION CENTER MEETING DATE: September 9,2008 Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $53,042 from the Virginia Department of Health AGENDA ITEM: SUBMITTED BY: Richard E. Burch, Jr. Fi re and Rescue Chief APPROVED BY: John Chambliss County Administrator COlJNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMA-rION: The Roanoke County Fire and Rescue Department requests that the Board accept and appropriate the following grant: The Virginia Department of Health, Office of Emergency Medical Services has awarded the Fire and Rescue Department a 50 010 matching grant (Grant #VW-C01/12-07) totaling $53,042.00 to purchase one new ambulance. The ambulance will allow for an ambulance to be placed at the new North County Fire Station. FISCAL IMPACT: The Roanoke County Fire and Rescue Department has budgeted funds for the 500/0 match that the State requires for the grant to purchase the new ambulance. AL TERNA liVES: The department will not be able to purchase the ambulance without the state grant funds. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the grants funds in the amount of $53,042 into the Fire and Rescue Department's budget. vo-rE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore ~ D D Mr. Church ~ D D Mr. Altizer ~ D D Mr. McNamara ~ D D Mr. Flora ~ D D c: Rick Burch, Chief, Fire & Rescue Rebecca Owens, Director, Finance 2 ACTION NO. A-090908-5.c ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CEN-rER MEE-rING DATE: September 9,2008 AGENDA ITEM: Request from the schools to accept and appropriate funds in the amount of $24,990.47 for 2008-09. APPROVED BY: John M. Chambliss, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools requests that the Board accept and appropriate the following: 1. The Virginia Department of Education has notified Roanoke County Schools that it has been allocated $11 ,337.22 for the purpose of paying the testing fees associated with industrial certification and licensure exams for Career and Technical Education (CTE) students. C-rE program completers are required to take an exam that is appropriate for their program area. 2. -rhe Virginia Department of Education funds Roanoke County School's Project Graduation Summer Academy through a reimbursement system. Project Graduation is a program that offers SOL-based remediation and retesting for students in danger of not graduating because they lack verified credits. The Schools applied for funds and were granted $13,653.25 for the Project Graduation Summer Academy. FISCAL IMPACT: This appropriation increases the Career and Technical Education budget by $11 ,337.22, and increases the Testing budget by $13,653.25. STAFF RECOMMENDATION: Staff recommends the appropriation of funds in the amount of $24,990.47 for 2008-09. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore ~ D D Mr. Church ~ D D Mr. Altizer ~ D D Mr. McNamara ~ D D Mr. Flora ~ D D c: Rebecca Owens, Director, Finance Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board ACTION NO. A-090908-5.d rrEM NO. J-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 9, 2008 Request to donate a surplus Motor Grader to Craig County AGENDA ITEM: SUBMITTED BY: Pete Haislip, Director Parks, Recreation and Tourism APPROVED BY: John M. Chambliss, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Department of Parks, Recreation and Tourism purchased a new motor grader in 2006 to replace the existing 1979 Blade-Mor Grader. As staff prepared to surplus the 1979 Mor- Grader, we received a request from Ms. Suzanne Abbott Holth, Deputy Clerk for Craig County, asking that Roanoke County donate the grader to Craig County. Craig County is assisting the community in the development of a ball field and special event area and indicates that this grader could be of service to them. Staff supports donating this equipment to Craig County as it will help with their construction of much needed community facilities. FISCAL IMPACT: No fiscal impact other than lost revenues from the sale of surplus property. With the age and condition of this grader, this should be minimal. AL TERNA-rIVES: 1. Approve the donation of a surplus motor grader to Craig County. 2. Do not approve the donation of a surplus motor grader to Craig County. STAFF RECOMMENDATION: Staff recommends approval of Alternative 1. vo.rE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Abstain Ms. Moore [gJ D D Mr. Church [gJ D D M r. Altizer [gJ D D Mr. McNamara [gJ D D Mr. Flora D D [gJ c: Pete Haislip, Director, Parks & Recreation ACTION NO. A-090908-5.e ITEM NO. J-5 AT A REGULAR IVlEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADIVIINISTRATION CENTER MEE-rING DATE: September 9, 2008 AGENDA ITEM: Request to approve amendment to the Roanoke County Bonding Policy SLIBMITTED BY: Tarek Moneir Deputy Director of Development APPROVED BY: John M. Chambliss, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: To obtain a reliable guarantee of the timely construction of site and subdivision physical improvements to be accepted into the public system, Roanoke County Board of Supervisors established this bonding policy outlining the County and State Code requirement to ensure that resources are available to complete the improvements should the developer fail to provide them. This policy contains certain language for the performance agreement, forms of guarantee and release procedures among other forms and procedures for the County to follow in case of default by the developer to comply with the development codes and regulations. Based on the organization changes that were done over the years, the staff incorporated the positions associated with the procedures. We also amended the estimated cost of the improvements for contingencies from 1 0 percent to 25 percent due to the increase of the administrative cost in case of default by the developer. This increase falls in line under the established State Law. FISCAL IMPACT: None ALTERNATIVES: 1. Approve the attached amendment to the Roanoke County Bond Policy 2. Deny the proposed amendment STAFF RECOMMENDA1-ION: The staff recommends approving the amendment to the Roanoke County Bond Policy as reflected in the attached document and shall be in effect 'from and after the date of its adoption. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore ~ D D Mr. Church ~ D D Mr. Altizer ~ D D Mr. McNamara ~ D D Mr. Flora ~ D D c: Tarek Moneir, Deputy Director, Development Arnold Covey, Director, Community Development Philip Thompson, Deputy Director, Planning 2 ROANOKE COUNTY BONDING POLICY Roanoke COLlnty Administration Center 5204 Bernard Drive P. O. Box 29800 Roanoke, VA 24018 Office: 540-772-2065 Fax: 540-772-2108 Llpdate: September 9,2008 .. 1 - TABLE OF CONTENTS I. Pur po se . . . ........ . . . . . .. . .. ... . . . . . .. . . .. . ......... . ... . . . .. .. .. . . . .. . .. . . . . . .. . . ... .. . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . 3 II. P erforma nee Ag ream e nt ............................................................................................. 3 III. Forms of Guarantee. .................... .................. ..... ...... .............. ........... '" ...........3 A. Corporate Surety Bond........................................................................... 3 B. Ca s h A ceo u n t ............................................................................................. 3 C. Irrevocable Letter of Credit.. ..... .......... ..... ........... ................. ..... ..............4 D. Letter of Escrow (Set-Aside Agreement) ............................................... 4 IV. Debarment of Surety. ..... ..............oo. .............. ............. ..................... ........ ..... 5 V . Form s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. 6 VI. Extensions and Rebonding of Agreements ...................................................... 6 VII. Part i a IRe I e as e of Bon d . . . . . . .. . . . . . . .. .. . . . . .. . . . . .. .. . . . .. .. .. . . . . .. .. . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . .. . . . . .. . . . . . . . . .. 7 VIII. Bond and Agreement Release Procedures ......................................................... 8 IX. Default and Evaluation Procedures..................... .................................................. 1 0 - 2 - Bondina Policy I. Purpose To obtain a reliable guarantee of the timely construction of site and subdivision physical improvements to be accepted into a public system, improvements required by State, County Code, regulation, or non-public physical improvements required under proffered conditions (as provided in Sec. 15.2-2299), in accordance with approved plans, current County standards and specifications, and County and State Code Requirements. Further, to ensure that resources are available to complete such improvements should the developer fail to provide them. II. Performance Agreement Before recordation will be granted, to a proposed subdivision or site plan, the developer must execute a Perfonnance Agreement promising to construct required improvements in a timely l11anner and in accordance with County specifications. The agreement must be supported by an approved form of guaranty. The maximum period of agreement shall be twenty four (24) months, although extensions may be made in accordance with this policy. The agreement shall be between the developer or his/her designee and the Roanoke County Board of Supervisors. Surety shall be equivalent to one hundred twenty-five percent (1250/0) of the estimated cost of improvements as determined by the design engineer and approved by the Department of Community Development. III. Forms of Guarantee Corporate Surety Bond, Cash Escrow Account, Irrevocable Letter of Credit, and/or Letter of Escrow (Set-Aside Agreement), are the only approved forms of guaranty. Whatever its form, the surety is designed to guarantee the County a fund for completion of required improvements in the event a developer fails to discharge the obligations of his performance agreement The obligation of all surety is to PAY ON DEMAND from the designated funds as required to fully complete the improvements in accordance with the performance agreement. A. COrPorate Suretv Bond Such bonds must be furnished by an insurance company licensed to transact fidelity and surety insurance in Virginia and must guarantee the full amount of the improvements. Such bonds will obligate the surety when notified of its Principafls default to elect either to perform in its Principal's stead, or pay the face amount of the bond, or any lesser amount as determined by the Director of the Department of Community Development or his/her designee. B. Cash Escrow Account The face amount of the guaranty will be submitted to the Director of the Department of Community Development or his/her designee to be deposited - 3 - with the Treasurer of Roanoke County. The funds will be deposited in an interest-bearing account earning the highest rate of return for which the funds qualify. Interest accruing on such funds shall be available to the County in the event of default by the developer for application to the cost of completing required improvements; otherwise, such interest shall accrue for the benefit of the developer. C. Irrevocable Letter of Credit An Irrevocable Letter of Credit meeting the following minimum requirements will be accepted: 1. -rhe lending institution must be insured by the FDIC or FSLIC. 2. The following language must be a part of all issued Letters of Credit: "This Irrevocable Letter of Credit shall remain in full force for a period of one (1) year from the effective date hereof and shall automatically renew itself from year to year thereafter unless and until the (issuing bank name) shall give ninety (90) days prior written notice to the County of Roanoke, Virginia, by certified mail, return receipt requested, of its intent to terminate the same at the expiration of the ninety (90) day period. During the last thirty (30) days during which the Letter of Credit is in full force and effect, the County may draw up to the full amount avai'lable under the Letter of Credit with a draft accompanied by a document stating that (applicant name) has not completed the improvements and has not provided an acceptable substitute 'rrevocab'e Letter of Credit and that the drawing is for the explicit purpose of guaranteeing and/or providing for the completion of the improvements." (Amended 08/23/88) D. Letter of Escrow (Set-Aside Aareement) Set-aside Agreement among the Developer, a lending institution insured by the FDIC or FSLIC which is making the development or construction loan to the developer for the project and the County: 1. This agreement must commit the bond funds to payment for required bonding improvements, and no other purposes. 2. -rhe Director of the Department of Community Development or hislher designee will have frfteen (15) working days in which to approve or disapprove any expenditure, upon written request for approval identifying the project and the agreement, the nature of the proposed expenditure, and the balance of the completion fund. 3. The agreement will acknowledge that the fund cannot be drawn below twenty percent (200/0) of the starting balance, or other such maximum reduction permitted by this policy, until final release, and shall limit to four (4) ..4- the maximum number of draws that may be made. IV. Debarment of Surety A. Any person otherwise qualified in accordance with the requirements of this poHcy to act as surety for any Performance Bond may nevertheless be disqualified from acting in such a capacity on any agreement to which the Board of County Supervisors is a party, in accordance with the provisions of this section. B. Whenever the Bonding Committee shall recommend to the Board that any person be disqualified from acting as surety on any bond, the Board shall proceed as follows: 1. Notice of such recommendation shall be served by certified mail on such person. Such notice shall inform such persons of the grounds upon which such recommendation is made and the time and place the matter will be taken up by the Board. 2. Such person may appear and be heard on the matter. 3. Following the hearing, the Board may declare such person ineligible from acting as surety satisfactory to the Board for such period of time, not to exceed, five (5) years, as it may specify; may defer its finding on such terms and conditions as it deems appropriate; or may dismiss the recommendation of the Bonding COrTlmitteea c. Any matter tending to establish that the surety will not perform in accordance with the terms of the surety's contract commitment shall be grounds for disqualification. Specific reasons for disqualification shall include but not be lirrlited to: 1. -rhe surety commits an act of bankruptcy or reorganization, or becomes insolvent or bankrupt, or makes an assignment for the bene'fit of creditors, or- consents to the appointment of a trustee, or has a receiver appointed for a substantial part of its property without its consent; 2. The surety is presently held in default of one or more bond contracts in which the County is obligee, or having breached a bond contract in the past fails to give reasonable assurances that it will discharge its obligations under future performance bonds; 3. -rhe surety is in default of one or more identical or substantially similar bond agreements with any other political subdivision of the state; 4. Any managing or policy-making officer of the surety, acting in the course of his employment or on behalf of the surety, is convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of - 5 - records, fraud or any other offense indicating a lack of business integrity or business honesty which substantially affects the surety's responsibilities/reliability as a surety for perfonnance and duties owed to the Cou nty . 5. Any other cause that the Board determines to be so serious and compelling as to affect responsibility as a surety, including debarment by another government entity. V. Forms The County Attorney shall approve, and may amend from time to time, standard forms which may be used for any land subdivider or site agreement and letter of credit or bond. No deviations shall be accepted unless approved by the County Attorney for conformity with this policy and all applicable requirements. VI. Extensions and Rebonding of Agreements A. When a developer enters into an agreement with the County, it is understood that all the necessary physical improvements must be completed in the specified period of time unless the developer obtains an extension of time with an extension of surety. If all the noted improvements are not completed within this amended time period and no extension has been obtained, or a replacement agreement and surety have not been submitted and approved with a new expiration date, the agreement is deemed in default. B. A minimum of not les5 than ninety (90) days prior to the expiration of the agreement, the developer and surety shall be notified in writing. The notification cautions the developer and surety that unless the work is completed in accordance with the agreement and approved plans. or an extension of time is obtained in accordance with the requirements of this policy, the developer win be in default. C. In the event the developer does not respond satisfactori'y to the ninety (90) days letter referred to in Section VI paragraph BJ the matter will be referred to the Bonding Cornmittee for their action. D. Bond extensions, agreement extensions and sureties will be reviewed by a Bonding Cornmittee appointed by the Board of Supervisors. Membership shall include the Assistant County Administrator, the Director of Community Development or his designee. and the County Attorney, or his/her designee. E. The developer can make a written request to the Bonding Corrrrnittee for an extension of the expiration date for a maximun1 period of one (1) year. The developer must also indicate the reasons and conditions, which have precluded him from completing the required physica' improvements. The - 6- developer must also have all sureties' written consent to the request, including corporate surety companies. F . If the developer has requested an extension or a substitute agreement and surety, Community Development staff may prepare a written fact finding report based on the reevaluation by the County review engineer and present it to the Bonding Committee. The Bonding Committee reviews the staff report of the project and the request submitted by the developer. The factors considered by the Bonding Committee include the following: 1. Percent of project already completed. 2. Percent of project completed and served by public facilities. 3. Rate of construction activity: a) Weather conditions b) Economic conditions 4~ Developer's history of performance in development in the County. If the Bonding Committee approves the request, the Community Development Director may issue an extension for no more than twelve (12) months/one (1) year from the date of approval. G. In situations where it is clear that the developer can and will complete the physical improvements within ninety (90) days of the expiration of the agreement date, the County win take no further action on the default. However, the project will be continuously monitored to insure that progress is being made. FaHure to complete the project within such period will result in handling the project as any other default. VII. Partial Release of Surety: Any surety subject to this policy may be partially released based on completed work on the project in accordance with this section or Section VIII. No more than three periodic partial releases can be issued by Roanoke County in any twelve-month period (815.2- 2245.E Code of Virginia). A. A developer seeking partial reJease of any surety shall submit a written surety reduction request to the Director of the Department of Community Development or his/her designee. No request shall be deemed received unless it is subrrlitted in accordance with this section and meets the following requirements~ 1. The developer's request must identify the project, performance agreement, surety number, corrlpletion date and must specify the - 7 - amount of reduction sought; and, 2. Such request shall certify the percentage of the project completed, and shall summarize the nature and cost of the work remaining, together with a projected timetable for completion. 3. A certificate of completion "from either an engineer or surveyor, licensed in the State of Virginia, certifying that the work described has been performed in strict conformity with approved plans or in accordance with as-built plans submitted therewith and that the work meets all applicable standards. 4. A certificate of substantial completion from the Western Virginia Water Authority certifying that the water and sewer construction or a specified part thereof is sufficiently completed so that the project or specified part can be utilized for the purposes for which it is intended. Such certification and subsequent request for reduction allows for a partial rerease of 750/0 of the bonded water and sewer amounts for the specified area only. B. The Bonding Committee (or its designee) shall approve or disapprove any reduction request within thirty (30) days of receipt. If the request is approved, the Director of the Department of Community Development or his/her designee shall notify the developer and surety company in writing of the amount of the partial release. If disapproved, the Community Development Director shall notify the developer of the specific reasons for disapproval, of speci'nc defects or deficiencies in construction, and suggested corrective measures. VIII. Surety and Agreement Release Procedures A. After the physical improvements have been completed in their entirety, the developer must request a general inspection through the Director of the Department of Community Development or his/her designee. The general inspection will be a joint inspection with the Department of Community Development and the developer. Procedures to follow: 1. A certificate of final completion from the Western Virginia Water Authority must be submitted to the Department of Community Development 2. Date is set for in-field inspection with the Department of Community Development and the developer present and punch list is made of those items requiring correction. 3. -rhe review engineer sends the developer a copy of the punch list. The developer has thirty (30) days to complete the necessary improvements. It should be noted that this punch list does not relieve the developer of liability - 8 - for defective work later discovered. If the punch list corrections are not completed within thirty (30) days, the entire project is subject to re-inspection. The developer notifies the Department of Community Development that he has completed the punch list items and desires final inspection. 4. If public streets are involved, the Department of Community Development will send the developer a check list of items required to be submitted to the County to complete the Virginia Department of Transportation acceptance of streets. Once these items are received, the County will then set a date for joint inspection with the Virginia Department of Transportation and the developer. 5. If the joint inspection discloses that aU improvements are not satisfactori'y completed, the following steps will be taken: a) The review engineer sends the developer a copy of the punch fist, and he has thirty (30) days to complete the necessary improvements. It should be noted that this punch list does not relieve the developer of liability for defective work later discovered. If the punch list corrections are not completed within thirty (30) days, the entire project is subject to re-inspection. b) The developer notifies the Department of Commu nity Development that he has completed the punch list items and desires final inspection. 6. If the joint inspection discloses that all improvements have been satisfactorily completed, the following steps will be taken: a) The Virginia Department of Transportation will forward a letter to the Review Engineer indicating that a satisfactory inspection has been made. b) The developer requests a resolution from the Board of Supervisors by submitting a maintenance bond (value determined by VDOT) to the department of community development department. B. The Director of Community Development notifies the Bonding Committee and requests that the County Attorney prepare a resolution for action by the Board of County Supervisors. c. Following the adoption of the resolution by the Board of Supervisors, copies shall be forwarded to the Virginia Department of Transportation, to the Bonding Conlmittee, and to the Developer. I. The Virginia Department of Transportation shall then formally accept the roadway into the State Highway system. iL The Bonding Committee or its designee will then process the - 9- paperwork necessary for the release of the subdivision's bond and will release the bond upon receipt of notification of street acceptance by the Virginia Department of Transportation. IX. Default and Evaluation Procedures A. If the developer fails to complete the required physical improvements in the period of time specified in the agreement or any approved extension, the project/developer is in default. B. -rhe Bonding Committee will consider facts presented by the community development on the project and forward a report to the Board of County Supervisors, with the Committee's recommendation that the Board formally declares the developer/project to be in default, and with the Committee's recommendation for a course of action in response to a the default. Such recommendations may include the following in any combination: 1. That the County Attorney be authorized to institute such actions as he deems appropriate to enforce the provisions of this policy, the performance agreement and bond, and applicable code provisions. 2. That once the ninety (90) day notification is received from the bank, all physical improvements must be completed and accepted by all County and State agencies within sixty (60) days from bank notification or Roanoke County is required to automatically draw on the Letter of Credit. (Amended 08/23/88) 3. That demand be made of the surety on the developer's bond for payment of the funds secured thereby, for application to completion of the project, or for performance of its principal's obligations. 4. That the County contract for completion of the project. C. The developer and surety provider will be mailed copies of the Committee's report and recoITlmendation and will be advised of their opportunity to be heard on the matter at the scheduled meeting of the Board. The developer or surety provider will be given at least fifteen (15) days notice of such meeting and may offer proposals for completion as alternative to that of the recornmendation of the Bonding Committee. Any such proposal must be reduced to writing and signed by the developer and/or surety provider. Established October 23, 1984 Revised 08/23/88 Revised 09/9/08 - 10- ACTION NO. A-090908-5.f ITEM NO. J-6 AT A REGULAR MEE1-ING OF THE BOARD OF SUPERVISORS OF ROANOKE COLINTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINIS-rRATION CENTER MEETING DATE: September 9,2008 AGENDA ITEM: Confirmation of committee appointments SUBMITTED BY: Wanda G. Riley, CPS Clerk to the Board APPROVED BY: John Chambliss County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. CaoitallmDrovement Proaram (CIP) Review Committee It was the consensus of the Board to add confirmation of the reappointment of Steve Campbell, Hollins Magisterial District, to serve an additional one-year term which was effective September 1, 2008, to the Consent Agenda. 2. Economic Develooment Authority It was the consensus of the Board to add confirmation of the reappointment of Linwood Windley, Windsor Hills District, to serve an additional four-year term which will expire on September 26, 2012. 2. Lenath of Service Awards Proaram {LOSAPl It was the consensus of the Board to add confirmation of the following appointments as recommended by the Volunteer Fire and Rescue Chiefs Board: (1) Colin Gee, volunteer member-at-Iarge (2) Sonja Stump, rescue volunteer member It was also the consensus of the Board that the terms of office for these two positions expire on January 1 , 2012, so that the terms can be staggered. Thereafter, the terms for these two positions will remain four-year terms. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore [g] D D Mr. Church [g] D D Mr. Altizer [g] D D Mr. McNamara [g] D D Mr. Flora [g] D D c: CIP Review Committee File Economic Development Authority File LOSAP Committee File 2 AT A REGULAR MEETING OF THE BOARD OF SL~PERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINIS-rRA-rION CEN-rER ON TUESDAY, SEPTEMBER 9, 2008 RESOLu-rION 090908-5.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO MICHAEL L. LEWIS, FIRE AND RESCUE DEPARTMENT, UPON HIS RETIREMENT AFTER TWENTY YEARS OF SERVICE WHEREAS, Michael L. Lewis was employed by Roanoke County on December 7, 1987; and held the positions of Firefighter, Fire Sergeant, Battalion Chief - Training, Senior Battalion Chief, and Division Chief; and WHEREAS, Mr. Lewis retired from the Roanoke County Fire and Rescue Department on June 1, 2008, as Fire Lieutenant, after twenty years and six months of service to Roanoke County; and WHEREAS, Lieutenant Lewis was instrumental during his career at promoting wellness and physical fitness for the fire and rescue employees to reduce injuries and illnesses; and WHERAS, Lieutenant Lewis worked diligently to establish the earlier criteria for physical fitness entry exams for all new hires and was part of a Regional Committee that implemented the current Candidate Physical Fitness Abilities Test commonly referred as CPAT; and WHERAS, Lieutenant Lewis served as a mentor to the younger members of the Fire and Recue Department, both career and volunteer, to improve the overall department "one mernber at a time"; and WHEREAS, Lieutenant Lewis, through his employnlent 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 of Roanoke County to MICHAEL L. LEWIS for more than twenty years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NA YS: None A COpy TESTE: Brenda J. Holton, CMC Deputy Clerk to the Board 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADIVIINIS-rRATION CENTER ON TUESDAY, SEPTEMBER 9,2008 RESOLUTION 090908-6 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 -rhe 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, -rHEREFORE, 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 tllis 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 Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COpy TESTE: Brenda J. Ho ton, CMC Deputy Clerk to the Board