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HomeMy WebLinkAbout9/22/2009 - Adopted Board Records ACTION NO. A-092209-1_____ ITEM NO. ___D-1____________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 2009 AGENDA ITEM: Request for approval of a reimbursement agreement between Roanoke County and the Western Virginia Water Authority for the installation of public sewer in the Hanging Rock area and appropriation of funds in the amount of $57,500 for the County’s share of the project SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is a two party agreement between the Western Virginia Water Authority (WVWA) and Roanoke County for the construction of 2,600 feet of gravity sewer line in the Hanging Rock area of the County along Kessler Mill Road. The WVWA and the developers, by separate agreement, will design and construct this $215,000 project. Roanoke County’s share of this project is approximately $57,500, the WVWA share is $57,500 and the two developers are contributing $50,000 each. The extension of this 8-inch gravity line will be installed in such manner as to allow the convenient gravity use by the County’s facilities and buildings located on Kessler Mill Road, which are currently connected to public sewer. In addition, it will provide gravity sewer service to the existing Regional Fire Training Facility located on parcel 036.03-01-01.02- 0000. This will eliminate the need for the existing pump station. No Pro-Rata Cost Share, availability fees or connection fees will be assessed against the County or the Regional Fire Training Facility for either of these connections. The WVWA agrees to equally divide the Pro-Rata Cost Share received from future customers with the County and to pay to the County its one-half share within thirty (30) days of the receipt of the same. All availability fees, meter setting and other fees collected from customers connecting to the extension will be retained by the WVWA. Page 1 of 2 This extension will provide for increased economic development opportunity in the Hanging Rock area as there is currently no public sewer available in this part of the County. This has hindered the location of new businesses and has a negative effect on existing businesses as private septic systems are aging and in danger of failure. A copy of the draft agreement is attached for Board review. FISCAL IMPACT: Roanoke County’s share of this project is $57,500. Funds are available in the Public Private Partnership account. ALTERNATIVES: 1. Approve the execution of the attached agreement, in substantially the form and substance as shown in the attached draft, by the County Administrator on behalf of Roanoke County, upon form approved by the County Attorney, and appropriate $57,500 from the Public-Private Partnership account. 2. Decline to approve the attached agreement and refuse to appropriate these funds. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the Hanging Rock Reimbursement Agreement between Roanoke County and the WVWA and appropriate $57,500 from the Public-Private Partnership account. VOTE: Supervisor Church moved to approve the staff recommendation. Motion Approved YesNoAbstain Ms. Moore Mr. Church Mr. Flora Mr. McNamara Mr. Altizer cc: Paul M. Mahoney, County Attorney Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. _A-092209-2____ ITEM NO. __D-2___________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 2009 AGENDA ITEM: Request to approve four additional eligibility positions to the Department of Social Services and to appropriate state and local revenue reimbursements in the amount of $129,830 for fiscal year 2009-2010 to the Department of Social Services for provided services SUBMITTED BY: Brent Robertson Director of Management and Budget APPROVED BY: B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: At the September 8, 2009, meeting, a work session was held to update the Board on the current status of workload requirements and staffing needs in the Department of Social Services (DSS). Staff presented data that emphasized the increased workload over the last several years, including the impact of the current economic downturn on caseloads within DSS and the increasing complexity of case management. Staff presented a 3-year staffing plan and asked the Board permission to implement the first year of the plan, which includes hiring four additional positions as follows: 2 Eligibility Workers 1 Senior Eligibility Worker 1 Eligibility Supervisor The total annual cost of these positions, including benefits, is $173,104. These positions are eligible for partial state reimbursement and reimbursement from the City of Salem for services provided to city residents per contractual agreement. Salem has agreed to fund their share of these positions if approved. The cost break-down is as follows: Page 1 of 2 Commonwealth$121,173 Salem17,310 Roanoke County 34,361 Total$173,104 The total cost presented is the annualized cost of the positions. The effective date of these positions will be October 1, 2009; therefore, the prorated cost for fiscal year 2009- 2010 will be $129,830. FISCAL IMPACT: The fiscal impact to Roanoke County for fiscal year 2009-2010 will be $25,770 (8 months proration of $34,361). These funds will be recognized from state reimbursements that are projected to be in excess of current budget estimates. The remaining $104,060 will be reimbursed from the state and the City of Salem. STAFF RECOMMENDATION: Staff recommends the approval of four additional positions to Roanoke County’s Department of Social Services and the appropriation of $129,830 in revenue reimbursements from the Commonwealth of Virginia and the City of Salem and the related appropriation of $129,830 to the DSS personnel expenditure budget. VOTE: Supervisor Church moved to approve the staff recommendation. Motion Approved YesNoAbsent Ms. Moore Mr. Church Mr. Flora Mr. McNamara Mr. Altizer cc: Dan O’Donnell, Assistant County Administrator Brent Robertson, Director of Management and Budget Dr. Betty McCrary, Director of Social Services Rebecca Owens, Director of Finance Page 2 of 2 ACTION NO. _A-092209-3____ ITEM NO. ____D-3___________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 2009 AGENDA ITEM: Request to appropriate $12,000 as a grant to the Western Virginia Water Authority (WVWA) to offset the cost of the Andrew Lewis Place Sanitary Sewer Extension Project SUBMITTED BY: Rebecca Owens Director of Finance APPROVED BY: B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On December 4, 2007, the Board accepted a $797,940 water quality improvement grant from the Virginia Department of Housing and Community Development (DHCD) designated for the Andrew Lewis Place Sanitary Sewer Extension Project. The grant funded the extension of the sewer main into the Andrew Lewis Place neighborhood. Each participating household paid the cost of abandoning the septic tank and extending plumbing from the residence to the property line. At the January 22, 2008, meeting, the Board appropriated $33,750 as a grant to the Western Virginia Water Authority to offset the cost of the Andrew Lewis Place Sanitary Sewer Extension Project. The County’s contribution to the project reduced the connection costs paid by each household from approximately $4,000 to $3,250. The projected number of participating households was 45. The Andrew Lewis Sanitary Sewer Extension Project is substantially complete. During a recent review, the Virginia Department of Housing and Community Development confirmed that all requirements of the grant have been completed with the exception of bacterial sampling of the Roanoke River, which will be undertaken by the Authority with help from the Virginia Department of Environmental Quality this fall. Page 1 of 2 A key factor in the project’s success was the subsidy that Roanoke County agreed to provide, $750 per lot, to help homeowners with the cost of the connection. This provided quite an inducement and contributed to an increase in connections beyond the 45 originally anticipated. Based upon 61 actual connections the WVWA is requesting an additional reimbursement in the amount of $12,000. FISCAL IMPACT: Funds are available in the Public Works Project Fund to cover the additional cost of $12,000 for the actual connections. STAFF RECOMMENDATION: Staff recommends appropriating $12,000 from the Public Works Project Fund as a grant to the Western Virginia Water Authority to offset the cost of the Andrew Lewis Place Sanitary Sewer Extension Project. VOTE: Supervisor Church moved to approve the staff recommendation. Motion Approved YesNoAbstain Ms. Moore Mr. Church Mr. Flora Mr. McNamara Mr. Altizer cc: Rebecca Owens, Director of Finance Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2009 ORDINANCE092209-4 AMENDING SECTION 2-3 OF THE ROANOKE COUNTY CODE, INCREASING THE BAD CHECK FEE WHEREAS, the 2004 Session of the Virginia General Assembly amended Section 15.2-106 of the Code of Virginia which authorized any locality by ordinance to provide for a fee not exceeding $35.00 for passing bad checks; and WHEREAS, the passing of any check for payment of taxes or any other sums due to the County, which is subsequently returned for insufficient funds or because there is no account or the account has been closed, places a financial burden on the citizens of Roanoke County; and WHEREAS, imposing a fee for passing bad checks will help to recover some of the administrative costs and expenses for passing a bad check; and WHEREAS, the first reading of this ordinance was held on September 8, 2009; and second reading was held on September 22, 2009. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 2-3 of the Roanoke County Code be amended to read and provide as follows: Sec. 2-3. Charge for bad check tendered to county. If any check tendered for any amount due the county is not paid by the bank on which it is drawn as the result of insufficient funds in the account or if there is no such account, the person by whom such check was tendered shall remain liable for the payment of such amount the same as if such check had not been Page 1 of 2 tendered and, in addition to other penalties imposed by law, shall be subject to a charge of twenty dollars ($20.00).thirty-five dollars ($35.00). 2. This ordinance shall take effect from and after its passage. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None A COPY TESTE: ___________________________________ Becky R. Meador Clerk to the Board of Supervisors cc: Paul M. Mahoney, County Attorney F. Kevin Hutchins, County Treasurer Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 22, 2009 ORDINANCE092209-5 AUTHORIZING RECORDATION OF A SIGHT DISTANCE DEED RESTRICTION ON COUNTY OWNED PROPERTY ADJACENT TO TULIP LANE, VINTON MAGISTERIAL DISTRICT WHEREAS, Roanoke County has constructed the Wolf Creek Greenway, which crosses Tulip Lane, State Secondary Route 1017, at a curve between adjoining properties owned by the Board of Supervisors of Roanoke County, Vinton Magisterial District; and WHEREAS, the Virginia Department of Transportation (VDOT) has requested a line of sight distance of 250 feet in both directions from the point where the Wolf Creek Greenway crosses Tulip Lane and that Roanoke County establish a restriction upon its property for a line of sight distance of two hundred fifty feet (250’) in a northerly direction across its property; and WHEREAS, the curve of Tulip Lane in a northerly direction from the point at which the Greenway crosses this public road necessitates a permanent restriction and dedication of the portion of public property within this curve to provide adequate public safety; and WHEREAS, the County of Roanoke desires to permanently designate and restrict the use of portions of its property consisting of 0.1393 acre, identified as a portion of Tax Map #61.02-01-55.00, as necessary for the construction and safe public use of the Wolf Creek Greenway as shown on the plat entitled “PLAT SHOWING SIGHT DISTANCE EASEMENT BEING RESERVED FOR PUBLIC USE BY BOARD OF SUPERVISORS, ROANOKE COUNTY, ROANOKE COUNTY TAX MAP PARCEL #61.02-01-55.00 SITUATED ALONG TULIP LANE RTE. 1017, VINTON MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA”, prepared by Roanoke County Department of Community Page 1 of 3 Development, dated August 7, 2009, and attached as Exhibit A; and WHEREAS, the proposed designation and reservation of a sight distance easement will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County; 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 an interest in real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 8, 2009, and a second reading and public hearing was held on September 22, 2009. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be restricted and preserved for public uses shall be permanently reserved and dedicated in connection with the construction of Roanoke County’s Wolf Creek Greenway. 3. That the recordation of a permanent deed restriction for purposes of designating and setting apart a sight distance easement or restriction on the above- mentioned map on the County’s property (Tax Map No. 61.02-01-55.00) adjacent to Tulip Lane, Vinton Magisterial District, is hereby authorized and approved. 4. That the County Administrator, or 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. Page 2 of 3 On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None A COPY TESTE: ___________________________________ Becky R. Meador Clerk to the Board of Supervisors cc: Joseph B. Obenshain, Senior Assistant County Attorney Janet Scheid, Greenway Coordinator Page 3 of 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2009 RESOLUTION092209-6 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 September 22, 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 4 inclusive, as follows: 1. Approval of minutes – February 10, 2009 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Daniel B. Crawford, Parks, Recreation and Tourism Department, upon his retirement after more than one year of service 3. Request to appropriate grant funds in the amount of $46,178.56 to Roanoke County Schools 4. Donation of a new drainage easement on property of Michael W. Jennings (Tax Map No.076.19-01-30.00), Lot 1, Block 1, Section # 1, Nottingham Hills Subdivision; and a new drainage easement on property of Kenneth B. Peters and Melinda D. Peters (Tax Map No. 076.19-01-29.00), Lot 13, Block 8, Section #3, Nottingham Hills Subdivision, Windsor Hills Magisterial District 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. Page 1 of 2 On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None A COPY TESTE: ___________________________________ Becky R. Meador Clerk to the Board of Supervisors Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2009 RESOLUTION092209-6.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DANIEL B. CRAWFORD, PARKS, RECREATION AND TOURISM DEPARTMENT, UPON HIS RETIREMENT AFTER MORE THAN ONE YEAR OF SERVICE WHEREAS, Daniel B. Crawford was employed by Roanoke County on April 7, 2008, as a Parks Maintenance employee; and WHEREAS, Mr. Crawford retired from the Roanoke County Parks, Recreation and Tourism Department as a Parks Maintenance employee on September 1, 2009, after one year and four months of service; and WHEREAS, Mr. Crawford, through his hard work and dedicated efforts, helped provide and promote a safe and well-maintained park system for County residents; and WHEREAS, Mr. Crawford was instrumental in making repairs and improvements to outdoor structures and park amenities, as demonstrated through his exceptional skills as a quality craftsman; and WHEREAS, Mr. Crawford believed deeply in making an enjoyable experience standard for every Roanoke County parks user as well as the many Explore Park visitors who remember him for his years of service there as a Historic Interpreter. 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 DANIEL B. CRAWFORD County to for more than one year 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. Page 1 of 2 On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None A COPY TESTE: ___________________________________ Becky R. Meador Clerk to the Board of Supervisors Page 2 of 2 ACTION NO. A-092209-6.b____ ITEM NO. ___J-3____________ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 22, 2009 AGENDA ITEM: Request to appropriate grant funds in the amount of $46,178.56 to Roanoke County Schools APPROVED BY: B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools requests that the Board accept and appropriate the following: 1. Roanoke County Public Schools received a grant from the American Recovery & Reinvestment Act (ARRA) in the amount of $33,891.26 for technology and technology training. These funds will be used to purchase three portable Apple iPod Learning Labs to be circulated to schools and for teacher training in technology. The funding will be allocated as follows: $ 25,400.00 for iPod Learning Labs $ 3,229.00 for stipends or substitutes for teacher training $ 1,900.00 for tuition or registration for train-the-trainer activities $ 3,362.26 for travel associated with train-the-trainer activities 2. The Virginia Department of Education funds the Project Graduation Summer Academy through a reimbursement system. Project Graduation is a program that offers SOL- based remediation and retesting for students who are in danger of not graduating because they lack verified credits. Roanoke County Schools applied for and was granted $12,287.30 for its Project Graduation Summer Academy. The request is for appropriation of the $12,287.30 from the Virginia Department of Education into the Technology Education and Testing and Remediation accounts. Page 1 of 2 FISCAL IMPACT: 1. The Technology Education budget will be increased by $33,891.26. 2. The Testing and Remediation budget will be increased by $12,287.30. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends the appropriation of grant funds in the amount of $46,178.56. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion Approved YesNoAbsent Ms. Moore Mr. Church Mr. Flora Mr. McNamara Mr. Altizer cc: Dr. Lorraine Lange, Superintendent of Schools Penny Hodge, Assistant Superintendent of Finance Brenda Chastain, Clerk to the School Board Rebecca Owens, Director of Finance Diane D. Hyatt, Assistant County Administrator Page 2 of 2 ACTION NO. _A-092209-6.c____ ITEM 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 22, 2009 AGENDA ITEM: Donation of a new drainage easement on property of Michael W. Jennings (Tax Map No.076.19-01-30.00), Lot 1, Block 1, Section # 1, Nottingham Hills Subdivision; and a new drainage easement on property of Kenneth B. Peters and Melinda D. Peters (Tax Map No. 076.19-01-29.00), Lot 13, Block 8, Section #3, Nottingham Hills Subdivision, Windsor Hills Magisterial District SUBMITTED BY: Joseph B. Obenshain Senior Assistant County Attorney APPROVED BY: B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves acceptance of the following easements conveyed to the Board of Supervisors of Roanoke County for drainage improvements in the Windsor Hills Magisterial District of the County of Roanoke. These easement areas have been determined to be necessary for the replacement of an inadequate drainage culvert near the intersection of Farmington Drive and Cave Spring Lane in the Nottingham Hills Subdivision. a) Donation by Michael W. Jennings of a public drainage easement, variable in width, across property situated along Farmington Drive, Virginia Secondary Route 672. The location of said easement is shown on a plat entitled “Plat Showing NEW DRAINAGE EASEMENTS To Be Granted to BOARD OF SUPERVISORS OF ROANOKE COUNTY BY MICHAEL W. JENNINGS, Situated on Lot 1, Block 1, Section # 1 – Nottingham Hills, Windsor Hills Magisterial District, Roanoke County, Virginia,” dated October 19, 2007, prepared by Lumsden Associates, P.C., a copy of which is attached as Exhibit A. Page 1 of 2 b) Donation by Kenneth B. Peters and Melinda D. Peters of a public drainage easement, variable in width, across property situated along Farmington Drive, Virginia Secondary Route 672. The location of said easement is shown on a plat entitled “Plat Showing NEW DRAINAGE EASEMENT To Be Granted to BOARD OF SUPERVISORS OF ROANOKE COUNTY BY KENNETH B. PETERS & MELINDA D. PETERS, Situated on Lot 13, Block 8, Section # 3 – Nottingham Hills, Windsor Hills Magisterial District, Roanoke County, Virginia”, dated April 16, 2007, prepared by Lumsden Associates, P.C., a copy of which is attached as Exhibit B. The channel improvements associated with this culvert replacement is a joint revenue sharing project with the Virginia Department of Transportation (VDOT). The location and dimensions of these easements have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this easement. VOTE: Supervisor Altizer moved to approve the staff recommendation. Motion Approved YesNoAbsent Ms. Moore Mr. Church Mr. Flora Mr. McNamara Mr. Altizer cc: Joseph B. Obenshain, Senior Assistant County Attorney Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development Services Paul M. Mahoney, County Attorney Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2009 RESOLUTION092209-7 CERTIFYING THE CLOSED MEETING UNDER ITEMS O.1 and O.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 A COPY TESTE: ___________________________________ Becky R. Meador Clerk to the Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2009 RESOLUTION092209-8 CERTIFYING THE CLOSED MEETING UNDER ITEM O.2 WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member’s knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Flora, McNamara, Altizer NAYS: None ABSTAIN: Supervisor Moore A COPY TESTE: ___________________________________ Becky R. Meador Clerk to the Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2009 ORDINANCE092209-9 GRANTING A SPECIAL USE PERMIT FOR A PRIVATE STABLE ON 35.987 ACRES LOCATED AT 1927 LAUREL MOUNTAIN DRIVE (TAX MAP NO. 35.00-01-38.00) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF CLYDE AND AMELIA ROBERSON WHEREAS, Clyde and Amelia Roberson have filed a petition for a special use permit for a private stable to be located at 1927 Laurel Mountain Drive (Tax Map No. 35.00-01-38.00) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 1, 2009; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 25, 2009; the second reading and public hearing on this matter were held on September 22, 2009. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Clyde and Amelia Roberson for a private stable to be located at 1927 Laurel Mountain Drive in the Catawba Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: (1) A maximum of two (2) horses shall be permitted with the private stable. Page 1 of 2 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None A COPY TESTE: ___________________________________ Becky R. Meador Clerk to the Board of Supervisors cc: Paul M. Mahoney, County Attorney Arnold Cover, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development Services Billy Driver, Director of Real Estate Valuation John Murphy, Zoning Administrator Page 2 of 2