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HomeMy WebLinkAbout8/25/2009 - RegularAugust 25, 2009 613 County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 25, 2009 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of August 2009. IN RE: CALL TO ORDER Chairman Altizer called the meeting to order at 3:01 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael W. Altizer, Vice-Chairman Joseph P. McNamara, Supervisors Joseph B. "Butch" Church, Richard C. Flora, Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: B. Clayton Goodman III, County Administrator; Daniel R. O'Donnell, Assistant County Administrator; Diane D. Hyatt, Assistant County Administrator; Paul M. Mahoney, County Attorney; Becky R. Meador, Clerk to the Board; Teresa Hamilton Hall, Public Information Director IN RE: OPENING CEREMONIES The invocation was given by Reverend D. Keith Beasley, Good Shepherd Lutheran Church. The Pledge of Allegiance was recited by all present. 614 August 25, 2009 IN RE: REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Goodman requested the addition of an item to the closed meeting pursuant to the Code of Virginia Section 2.2.3711.A.1, personnel, namely, discussion concerning an appointment to the Economic Development Authority. It was the consensus of the Board to add this closed session. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of the Finance Department for receiving the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association G( FOA) for fiscal near 2007-08 Rebecca Owens, Director of Finance Chairman Altizer advised that this was the 25t" consecutive award for the excellent job of financial reporting by the Finance Department. He presented the achievement award to Rebecca Owens, Director of Finance, and Finance Department staff members. Ms. Owens expressed appreciation for the Board's support and recognition of this national award. This award was received for the 25t" consecutive year through the hard work of the finance staff and the leadership, vision and support of the Board, Mr. Goodman and Ms. Hyatt. The GFOA of the United States awarded this certificate to the County of Roanoke for the annual report for fiscal year ending June 30, 2008, and recognizes that the County has published an easily readable and efficiently August 25, 2009 615 organized annual report, which summarizes financial information about the County and conforms to program standards. Ms. Owens introduced the staff of the Finance Department who made this award possible: Laurie Gearheart, Assistant Director of Finance; Judy Quesenberry, Financial Analyst; Lisa Greer, Financial Analyst; Brian Carter, Finance Manager; Karen McMillan, Financial Systems Coordinator; and Elizabeth Atkinson, Finance Manager. She explained that Margaret Bacon, Finance Manager, could not attend the meeting. The Board members expressed appreciation and congratulations to Ms. Owens and the members of the Finance Department for their service to the County and receipt of this award. IN RE: NEW BUSINESS 1. Request to appropriate funds in the amount of 1 000 to the Interstate-81 Corridor Coalition Diane Hyatt, Assistant County Administrator) A-082509-1 Ms. Hyatt advised that the Interstate-81 (I-81) Corridor Coalition has been established to integrate the planning and decision making along the I-81 corridor. The coalition is comprised of federal, state and local government officials and private sector partners from New York, Pennsylvania, Maryland, West Virginia, Virginia and Tennessee working cooperatively to identify the common concerns and develop a common vision along I-81. The steering committee for the coalition is comprised of 19 616 August 25, 2009 members representing each of the states, and Supervisor Flora is a member of the steering committee. The administration of the coalition will be handled through Shippensburg University of Pennsylvania. They have developed afive-year plan of operations. Ms. Hyatt advised that the coalition will be attempting to secure federal funding for the majority of the expenses. They are currently asking for local contributions for the startup expenses and to demonstrate a commitment to the project. They are asking for contributions based on the miles of I-81 that are located within the local governmental unit, as follows: (1) less than 10 miles - $500; (2) 10 to 25 miles - $1,000; (3) greater than 25 miles - $2,000. Based on this formula, the County's one-time contribution to the coalition would be $1,000 for startup costs. These funds are available in the Board Contingency Fund and the staff recommendation is to appropriate $1,000 to the I-81 Coalition. Supervisor Flora commented that the I-81 Coalition was organized not to promote a specific solution but to ensure that something does happen along the I-81 corridor. This coalition was organized similar to the Interstate-95 Coalition, which has been in existence for a number of years and is funded by the federal government, and the anticipation is that eventually the I-81 Coalition will also be funded through the Federal Transportation Board. The County's contribution will be small in terms of the entire region. Information has been sent to all of the counties and cities along the I-81 corridor and extremely good comments have been received. It seems that there will be August 25, 2009 617 good representation in the I-81 Coalition from the state of Virginia. Supervisor Flora moved to approve the staff recommendation (appropriate $1,000 from the Board Contingency Fund to the I-81 Corridor Coalition). The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA 1. The etition of Clyde and Amelia Roberson to obtain a Special Use Permit in an R-1, Low Density Residential District, to operate a rivate stable on 35.987 acres, located at 1927 Laurel Mountain Drive, Catawba Magisterial District Supervisor Church moved to approve the first reading and set the second reading and public hearing for September 22, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 618 August 25, 2009 IN RE: FIRST READING OF ORDINANCES 1. Ordinance authorizing conveyance of an easement to Verizon Virginia, Inc. on property owned ~ the Board of Supervisors Map #026.18-01-15.0-0000) to rovide telephone service to the Green Ridge Recreation Center, Hollins Magisterial District Due to time constraints, it is requested that, upon afour-fifths vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure.) Jose h B. Obenshain, Senior Assistant County Attorne 0-082509-2 Mr. Obenshain advised that this item is a request fora 10-foot wide utility easement to permit Verizon to provide telephone service to the new Green Ridge Recreation Center. Verizon and the building's contractor have requested that the Board waive the second reading of the ordinance and approve the easement to avoid any delay in the opening of this important County project. Under the County's Charter, a request to waive the second reading and approve an ordinance as an emergency measure requires afour-fifth vote of the Board. It is staff's recommendation that the Board waive the second reading of the ordinance as an emergency measure and adopt the ordinance. There was no discussion. August 25, 2009 619 Supervisor Flora moved to waive the second reading as an emergency measure and adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None ORDINANCE 082509-2 AUTHORIZING CONVEYANCE OF AN EASEMENT TO VERIZON VIRGINIA, INC. ON PROPERTY OWNED BY THE BOARD OF SUPERVISORS (TAX MAP #026.18-01-15.0-0000) TO PROVIDE TELEPHONE SERVICE TO THE GREEN RIDGE RECREATION CENTER, HOLLINS MAGISTERIAL DISTRICT WHEREAS, Roanoke County is constructing a new Green Ridge Recreation Center on Wood Haven Road and requires telephone service to this building; and, WHEREAS, Verizon Virginia, Inc. (Verizon) requires a 10-foot wide right-of-way and easement for placement of utility poles and installation of underground phone cable along Wood Haven Road through the Roanoke County property, designated on the Roanoke County land records as Tax Map #026.18-01-15.00-0000 and located at 7415 Wood Haven Road, Hollins Magisterial District; and, WHEREAS, an emergency exists to the extent that the permanent installation of utility poles and underground lines for telephone service are promptly needed to avoid any delay in the scheduled completion and opening of the Green Ridge Recreation Center; and WHEREAS, the proposed right-of-way will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke; and WHEREAS, the first reading of this ordinance was held on August 25, 2009, and the second reading of this ordinance has been dispensed with since an emergency exists, upon a 4/5t" vote of the members of the Board. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on August 25, 2009, and a second reading was dispensed with upon a 4/5t" vote of the members of the Board as an emergency exists. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Verizon Virginia, Inc. for the provision of telephone service, also designated as a communication system, 62~ August 25, 2009 in connection with Roanoke County's construction of the new Green Ridge Recreation Center at 7415 Wood Haven Road in the Hollins Magisterial District. 3. That donation to Verizon Virginia Inc. of an easement and right-of-way for placement of utility poles and related equipment, within the "10' VERIZON EASEMENT" on the County's property (Tax Map #026.18-01-15.00-0000) extending along Wood Haven Road in the Hollins Magisterial District as shown on Verizon Drawing No. BCC- 88837-R, acopy of which is attached hereto as Exhibit A, is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 2. Ordinance authorizing conveyance of a 20-foot wide drainage easement on property owned ~ the Board of Supervisors Tax Map #079.02-01-67.00-0000) known as Mount Pleasant Park to the School Board of Roanoke County in connection with renovations to Mount Pleasant Elementary School, Vinton Magisterial District Jose h B. Obenshain, Senior Assistant County Attorne Mr. Obenshain advised that this is a request from the Roanoke County School Board for conveyance of a drainage easement as part of the renovations at Mount Pleasant Elementary School. This easement is necessary to divert drainage and move that drainage to the natural watercourse, which will cross park property owned by the County. County staff has reviewed this request and feel this drainage easement will not adversely affect the existing ball field on the County's property. It is staff's August 25, 2009 621 recommendation that the Board approve the first reading of the ordinance for this drainage easement. There was no discussion. Supervisor Altizer moved to approve the first reading and set the second reading for September 8, 2009. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: SECOND READING OF ORDINANCES AND PUBLIC HEARINGS 1. Second reading and ublic hearing of an ordinance authorizing the vacation of portions of right-of-wav of Brentwood Court on I~at of Section No. 3 of Kingston Court, in Plat Book 11, page 39 of the Roanoke County Circuit Court Clerk's Office, and retaining ublic utility easements, said right-of-wav located in the Windsor Hills Magisterial District Tarek Moneir, Deputy Director of Development Services 0-082509-3 Mr. Moneir advised that this is a request to vacate aright-of-way and retain public utility easements. It is staff's recommendation that the Board adopt the second reading of the ordinance after the public hearing. There were no citizens to speak on this item and there was no discussion. 622 August 25, 2009 Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None ORDINANCE 082509-3 AUTHORIZING THE VACATION OF PORTIONS OF RIGHT-OF-WAY OF BRENTWOOD COURT ON PLAT OF SECTION NO. 3 OF KINGSTON COURT, IN PLAT BOOK 11, PAGE 39, OF THE ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE, AND RETAINING PUBLIC UTILITY EASEMENTS, SAID RIGHT-OF-WAY LOCATED IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, by Resolution 10990-4.c of the Roanoke County Board of Supervisors, a street designated as Brentwood Court extending from Chippenham Drive to a turnaround or cul-de-sac, has been accepted into the State Secondary Road System, as shown on the plat of Section No. 3 of Kingston Court subdivision, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, Plat Book 11, page 39; and WHEREAS, by subsequent action of the Board of Supervisors on September 9, 2008 and January 27, 2009, the street designated as Brentwood Court, Va Secondary Route 1893, after the abandonment of the initial length of Brentwood Court, was extended from its original point of beginning to the end of a new permanent cul-de-sac in this subdivision, as shown on the plat of The Manor of Kingston Court, recorded in the aforesaid Clerk's Office in Plat Book 27, page 156; and WHEREAS, the extension of Brentwood Court has resulted in the abandonment of portions of the initial cul-de-sac which served as the initial terminus of that street and the Commonwealth Transportation Commissioner has expressed his approval of the vacation or "quit" of those portions of the original cul-de-sac of Brentwood Court which no longer serve public convenience so as to warrant their maintenance at public expense; and WHEREAS, the developers of The Manor at Kingston Court, Jeff Todd and Stephen Stillwell, and the property owners of Lot 1, Block 3 and Lot 16, Block 2, of Kingston Court, Section 3, which adjoin the original cul-de-sac of Brentwood Court, have requested, pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), the vacation of 1,325.70 square feet and 3,385.95 square feet, respectively, so as to add and combine these areas to their existing properties; and WHEREAS, the portion of the above described street or road to be vacated is more clearly indicated as "PORTION OF RIGHT OF WAY ON BRENTWOOD COURT TO BE CONVERTED TO A PUBLIC UTILITY EASEMENT AND COMBINED WITH LOT August 25, 2009 623 1 BY BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA", attached hereto as Exhibit "A" and "PORTION OF RIGHT OF WAY ON BRENTWOOD COURT TO BE COMBINED WITH LOT 16 AND RETAIN A 15' PUE BY BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA", attached hereto as Exhibit "B", both dated 7-14-2009, prepared by Roanoke County Department of Community Development; and WHEREAS, no other property owner will be affected by the vacation of this abandoned portion of said Brentwood Court and that its current existence imposes an impediment to the adjoining property owners making improvements to their properties adjoining this previously dedicated street; and WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended); and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on July 14, 2009, and a second reading and public hearing of this ordinance was held on August 25, 2009. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (a portion of Brentwood Court, Rt. 1983, previously dedicated to public use, Plat Book 11, page 39) is hereby declared to be surplus and the nature of the interests in real estate renders it unavailable for other public use. 3. That so much of this street, Brentwood Court, Route 1983, being designated and shown as "PORTION OF ROAD TO BE COMBINED W/LOT 1" on Exhibit "A" attached hereto, said portion of street being located adjacent to Lot 1, Block 3, Section No. 3 of Kingston Court (PB11, page 39), and "PORTION OF ROAD TO BE COMBINED W/LOT 16" on Exhibit "B" attached hereto, said portion of street being located adjacent to Lot 16 ,Block 2, Section No. 3 of Kingston Court (PB11, page 39), in the Windsor Hills Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended. 4. That a public utility easement is accepted, reserved and maintained for public purposes in the areas previously designated as "Brentwood Court" as shown on Exhibit "A" and Exhibit "B", attached hereto. 5. That the portion of the vacated street contained within the bounds designated as 1-2-3 of Exhibit "A", containing 1,325.70 square feet, shall be added and combined with Lot 1, Block 3, Section No. 3 ,Kingston Court, Tax Map # 086.08-07- 09.02, currently the property of C. Allen & Debra L. Wilkerson. 6. That the portion of the vacated street designated at "PORTION OF ROAD TO BE COMBINED W/LOT 16" of Exhibit "B", containing 3,385.95 square feet, shall be 624 August 25, 2009 added and combined with Lot 16, Block 2, Section No. 3, Kingston Court, Tax Map # 086.08-07-09.01, currently the property of Michael S. & Cheryl Kirkbride. 7. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 8. That 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 ordinance, all of which shall be on form approved by the County Attorney. 9. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CONSENT AGENDA R-082509-4, R-082509-4.b Supervisor Flora moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 082509-4 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: That the certain section of the agenda of the Board of Supervisors for August 25, 2009 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 2 inclusive, as follows: 1. Approval of a change order for the Mudlick Creek Bridge Replacement Project for preparation of the Federal Emergency Management Agency (FEMA) permit application package August 25, 2009 625 2. Resolution to amend the County's Bonding Policy to add the County Administrator to and remove the Assistant County Administrator from the Bonding Committee 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, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None RESOLUTION 082509-4.b TO AMEND THE COUNTY'S BONDING POLICY TO ADD THE COUNTY ADMINISTRATOR TO AND REMOVE THE ASSISTANT COUNTY ADMINISTRATOR FROM THE BONDING COMMITTEE WHEREAS, the Roanoke County Bonding Policy was revised and amended by resolution of the Board of Supervisors on September 9, 2008; the amended Bonding Policy established the membership of the County's Bonding Committee as including the Assistant County Administrator responsible for development issues as well as the Director of Community Development or his designee and the County Attorney and his/her designee; and WHEREAS, the current County Administrator has reassigned management responsibilities and desires to be a member of the Bonding Committee and remove the Assistant County Administrator from this committee; and WHEREAS, the reading of this Resolution was held on August 25, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section Vl. Extensions and Rebonding of Agreements, paragraph D, of the Roanoke County Bonding Policy be amended and readopted as follows: "Bond extensions, agreement extensions and sureties will be reviewed by a Bonding Committee appointed by the Board of Supervisors. Membership shall include the °c~a-rat County Administrator or his/her designee, the Director of Community Development or his/her designee and the County Attorney or his/her designee." 2. That the current County Administrator, Director of Community Development and County Attorney are hereby ratified and appointed as members of the Roanoke County Bonding Committee. 3. That this Resolution shall be in effect from its adoption. 626 August 25, 2009 On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Accounts Paid =July 2009 5. Treasurer's Statement of Accountability der Investment and Portfolio Policy as of July 31' 2009 6. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances for the month ended July 31' 2009 7. Comparative Statement of Budgeted and Actual Revenues for the month ended July 31' 2009 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore: (1) She thanked Mike Ruth, owner of The Shoe Doctor, for adopting the median strip from Bernard Drive to Starkey Road. (2) She recognized that 25 students from William Byrd, Northside, Glenvar, Cave Spring and Hidden Valley August 25, 2009 627 High Schools had leadership roles while attending the Youth Alcohol Drug Abuse Prevention Project (YADAPP) at Longwood University this summer. At the conference over 400 youths from around the State learned leadership skills through a team approach. As a team, they produced a STAN (Strategies to Act Now) plan to bring back to their schools and community. (3) She stated that the Community Anti-Drug Coalition of America (CADCA) held their annual conference in Louisville, Kentucky. This conference brings together over 1,300 drug-free community coalition members from across the nation. Students from Northside and Glenvar High Schools attended this conference. (4) She thanked Nancy Hans and Arlene Murphy with the Roanoke County Prevention Council and all of the Resource Officers from the Roanoke County Police Department for being the adult sponsors for these events. She stated that our youth will be the next generation of leaders. These students are stepping up to the plate now to try to make a difference. She thanked all the students for their leadership. Supervisor Church: (1) He stated he had attended a recognition ceremony for C.T. Talevi, who earned the highest order of Eagle Scout. Mr. Talevi built an elaborate storage building at Arnold R. Burton for storage of some of the Parks and Recreation Department's maintenance equipment. He felt it was unique that this young man would take the time for this project and stated that the building would compare to any offered by the companies who manufacture such buildings. He felt it was a great honor to see Mr. Talevi's achievement and noted what a great family he has. There was quite a group present at the recognition representing the Cave Spring area and 628 August 25, 2009 Roanoke County. (2) He advised that Cody Lowe wrote a great article in the Roanoke Times concerning Supervisor Moore's adoption, as a small business owner, of the maintenance for the median at Brambleton Avenue. He expressed appreciation to Supervisor Moore for her actions. Supervisor Flora: He stated that he had attended a Virginia Association of Counties (VACo) Board meeting where there was great concern about the H1N1 virus. He also attended a meeting at the Health Department this morning with Mr. Goodman and information about the virus and weekly updates are listed on the Health Department's website. He noted that the schools already have a huge preparedness program in place, and the colleges and universities in the area have all signed up to provide the vaccine when it is available. Supervisor Altizer: (1) He stated that the construction on Route 116 is winding down. He asked Mr. Goodman to inform Scott Woodrum and the Virginia Department of Transportation (VDOT) staff that they have done an excellent job. He wanted Mr. Woodrum to know how appreciative the Board is for this timely job. (2) He asked when the Board would receive an update on the status of prohibiting tractor- trailer traffic on Route 116. Mr. Goodman informed the Board that a meeting with VDOT has been scheduled for September 11, 2009, to finalize the resolution language. He added that it was important that the identical language be used in the resolutions adopted by both Roanoke County and Franklin County. Supervisor Altizer advised that there was another incident with atractor-trailer on Windy Gap this past week. He asked August 25, 2009 629 Mr. Mahoney to look into whether the involved party could be cited due to not complying with the "recommended not to use" signage, which was mentioned during the previous work session with VDOT. IN RE: CLOSED MEETING At 3:32 p.m., Supervisor Altizer moved to go into closed meeting pursuant to the Code of Virginia, as follows: (1) Section 2.2-3711.A.7.3 discussion or consideration of the acquisition of real property for a public purpose, namely, for a law enforcement training academy, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board of Supervisors; and (2) Section 2.2.3711.A.1, personnel, namely, discussion concerning an appointment to the Economic Development Authority. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CLOSED MEETING At 3:33 p.m., Supervisor Altizer moved to go into closed meeting pursuant to the Code of Virginia Section 2.2-3711.A.7. consultation with legal counsel and briefings by staff regarding specific legal matters, namely Slate Hill Development, requiring the provision of legal advice by such counsel. The motion carried by the following recorded vote: 630 August 25, 2009 AYES: Supervisors Church, Flora, McNamara, Altizer NAYS: None ABSTAIN: Supervisor Moore Supervisor Moore commented that her landscaping company has had a maintenance agreement with one of Mr. Smith's companies since 1998. She spoke with the County Attorney and the Commonwealth Attorney and both agreed that there is no conflict of interest; however, she abstained from any involvement due to the perception of a possible biased opinion. Supervisor Moore advised that she would not attend the closed meeting to avoid any appearance of a conflict of interest. IN RE: MOVE TO CLOSED MEETINGS AND WORK SESSIONS At 3:35 p.m., Chairman Altizer advised that the Board would move to the closed meetings and then hold the scheduled work sessions. He advised that he would not participate in the work session concerning the Western Virginia Water Authority (WVWA) because although he has no authority to make decisions, he is an employee of the WVWA. IN RE: CANCELLATION OF EVENING SESSION Chairman Altizer advised that the evening session would not be held due to there being no advertised public hearings. August 25, 2009 631 IN RE WORK SESSIONS 1. Work session for a presentation ~ the Western Vir inia Water Authority (WVWA) on a proposal for Franklin County to~oin the authority Gar Robertson, Executive Director of Water Operations; Michael McEvoy, Executive Director of Wastewater Services) To avoid any appearance of a conflict of interest, Supervisor Altizer did not attend the work session due to the reasons he previously stated in open session. The work session was held from 5:58 p.m. until 6:27 p.m. Mr. Robertson expressed appreciation for meeting with the Board of Supervisors in a work session. He advised that the WVWA Board of Directors voted last month to invite Franklin County to join the authority contingent upon receiving ratification from the Roanoke County Board of Supervisors and Roanoke City Council. Mr. Robertson and Mr. McEvoy gave a PowerPoint presentation with an overview of the proposal and the regional approach to water sustainability and past accomplishments. They displayed graphs depicting water and sewer rate equalization plans from 2004 to the present. They discussed the Route 220, Westlake, and Scruggs water line projects, as well as possible future projects. The presentation closed with an illustration of anticipated revenue. 632 August 25, 2009 There was discussion of Franklin County's contributions to the WVWA. It was noted that access to Smith Mountain Lake as a future water source would be an invaluable asset. It was the consensus of the Board that the addition of Franklin County to the WVWA would be advantageous for all members. There was discussion of how Franklin County joining the authority would affect the votes on the WVWA Board. Mr. Mahoney suggested that consideration should also be given to when and if other jurisdictions want to join the WVWA and how the votes would be allocated at that time. Supervisor McNamara felt that as long as all jurisdictions are representing basically the same amount of customer base, all jurisdictions should be equal. In response to Mr. Mahoney's inquiry about procedural matters, Mr. Robertson advised that they are meeting with Roanoke City Council on September 8, 2009, and have sent a draft agreement to Franklin County for their review. 2. Work session on the South County Library Project and award of the construction contract for the South County Library Diane D. Hyatt, Assistant County Administrator; Diana Rosapepe, Director of Library Services The work session was held from 6:31 p.m. until 6:53 p.m. August 25, 2009 633 Ms. Hyatt and Ms. Rosapepe gave a PowerPoint presentation on the new building plans and construction bids received for the South County Library. They received eight qualified bids and all were close and favorable. There is a savings of $7,148,500 from the last bid results. Lionberger Construction submitted the lowest bid. The new library will be a good candidate for Existing Building LEED (Leadership in Energy and Environmental Design) certification in the future. The building completion is planned for March 2011. Ms. Hyatt informed the Board that the wetlands area has increased somewhat and the architects may need to move the stormwater detention area slightly to the side. This causes no anticipated risk for the building or parking lot, which are not within a flood plain. Twelve core drillings have been completed on the property. After contingencies are resolved, the surplus funds of approximately $2 million can be put into a new capital project, such as the Glenvar Library. A Board report should be forthcoming in September. Supervisor Moore requested that estimates be obtained to install pervious pavement in the parking areas. She also asked for an estimate for rainwater harvesting that would allow the roof runoff to seep back into the ground gradually and naturally. She requested that the contractor be required to recycle all excess building material waste. It was noted that the entire library area is landscaped with sustainable plants. 634 August 25, 2009 It is anticipated that the Merriman Road roundabout bids will come in under budget also. The estimated cost is $1.5 million. The construction will be done mostly during the summer when school is closed and is scheduled to be completed before the new library opens. The County has budgeted $500,000 for its contribution to the roundabout. The issues still to be resolved include securing funding for the roundabout, unsuitable soil contingency fund, any remaining wetland issues, building security, Voice over Internet Protocol (VoIP) telephone system, technology infrastructure and an auditorium audio/video system. At the conclusion of the work session, staff requested that the Board award the construction contract for the South County Library to Lionberger Construction. IN RE RETURN TO OPEN SESSION Chairman Altizer adjourned the work session at 6:53 p.m. and returned to open session to consider a new business item. There was no objection to adding the item to the agenda. IN RE: NEW BUSINESS 1. Request to award the construction contract for the South County Library to Lionberger Construction Diane D. Hyatt, Assistant Countv Administrator; Diana Rosapepe, Director of Library Services August 25, 2009 635 A-082509-5 There was no staff report or discussion. Supervisor Moore moved to award the construction contract to Lionberger Construction Company. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CERTIFICATION RESOLUTION R-082509-6 Mr. Mahoney stated that this closed meeting was held from 3:45 p.m. until 4:20 p.m. At 6:54 p.m., Supervisor Altizer moved to adopt the certification resolution for closed meeting items, as follows: (1) Section 2.2-3711.A.3. discussion or consideration of the acquisition of real property for a public purpose, namely, for a law enforcement training academy, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board of Supervisors; and (2) Section 2.2.3711.A.1. personnel, namely, discussion concerning an appointment to the Economic Development Authority. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Flora, Altizer NAYS: None 636 August 25, 2009 RESOLUTION 082509-6 CERTIFYING THE CLOSED MEETING UNDER ITEMS 0.1 and 0.3 WERE HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None IN RE: CERTIFICATION RESOLUTION R-082509-7 Mr. Mahoney stated that this closed meeting was held from 4:20 p.m. until 5:27 p.m. and that Supervisor Moore was not present. At 6:55 p.m., Supervisor Altizer moved to adopt the certification resolution for the closed meeting item, as follows: (1) Section 2.2-3711.A.7. consultation with legal counsel and briefings by staff regarding specific legal matters, namely Slate Hill Development, requiring the provision of legal advice by such counsel. The motion carried by the following recorded vote: August 25, zoos 637 I~: ~~~ ~-~~~"I ~up~r~~+~~ I~+~r RESOLUTION 082509-7 CERTIFYING THE CLOSED MEETING UNDER ITEM C~.Z WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA ~~~~~~n ~-lt~z~r adj~ur~~~ ~ tiro ~: p~r~~ r ~~ ~~~~~t t~ ~~ ~~~ - ~~~ b: ~'i~~~ ~~ A~~iz~~r ~,~ 638 August 25, 2009 This page left blank intentionally.