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HomeMy WebLinkAbout1/11/2011 - RegularJanuary 11, 2011 1 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the organizational meeting held on the second Tuesday and the first regularly scheduled meeting of the month of January 2011. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. IN RE: CALL TO ORDER was taken. Chairman Church called the meeting to order at 1:00 p.m. The roll call MEMBERS PRESENT: Chairman Joseph B. "Butch" Church; Vice - Chairman Charlotte A. Moore; Supervisors Michael W. Altizer, Eddie "Ed" Elswick MEMBERS ABSENT: Supervisor Richard C. Flora 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; Teresa Hamilton Hall, Director of Public Information; Deborah C. Jacks, Clerk to the Board IN RE: ORGANIZATION OF COUNTY BOARD 1. Election of Officers a. Chairman Supervisor Elswick nominated Supervisor Church to serve as Chairman. Supervisor Church was elected by the following recorded Vote: AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSENT: Supervisor Flora b. Vice Chairman 2 January 11, 2011 Supervisor Altizer nominated Supervisor Moore to serve as Vice Chairman. Supervisor Moore was elected by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSENT: Supervisor Flora IN RE: RECESS Chairman Church declared the meeting in recess at 1:03 p.m. IN RE: CALL TO ORDER Chairman Church called the meeting to order at 3:00 p.m. with all members present, with the exception of Supervisor Richard C. Flora IN RE: OPENING CEREMONIES The invocation was given by Jay Robinette of The Crossing Foursquare Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Paul Mahoney added Authorization to transfer title of a truck with mounted crash unit body to the Mount Pleasant Volunteer Rescue Square under New Business. There were no objections. Chairman Church added Safety and Security issues for the Board of Supervisors meetings under Briefings. There were no objections. Chairman Church then recognized Chase Sigmon and his father, Andy Sigmon as being present and added that Chase is working on his Scout Badge. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of appreciation to Joseph B. "Butch" Church for his service as Chairman of the Roanoke County Board of Supervisors in 2010 Supervisor Moore presented the resolution and gift to Supervisor Church. All Supervisors thanked Chairman Church for his service. January 11, 2011 3 RESOLUTION 011111 -1 OF APPRECIATION TO JOSEPH B. "BUTCH" CHURCH FOR HIS SERVICE AS CHAIRMAN OF THE BOARD OF SUPERVISORS IN 2010 WHEREAS, Joseph B. "Butch" Church served as Chairman of the Roanoke County Board of Supervisors during 2010; and WHEREAS, during Mr. Church's term as Chairman, many noteworthy achievements took place: ➢ Opening of the Green Ridge Recreation Center's Splash Valley ➢ Approval of a new Glenvar Library ➢ Recognition of Novozymes as one of the 2010 Great Places to Work ➢ Opening of the St. Francis Service Dog Training Facility ➢ Recognition of Green Ridge Recreation Center, which received 2010 Best New Facility honors by the Virginia Recreation and Parks Society ➢ Legislative direction in connection with the Prevention Council of the Roanoke Valley in banning synthetic marijuana and alcoholic energy drinks in the Commonwealth of Virginia WHEREAS, the following other accomplishments also occurred during Mr. Church's term as Chairman: ➢ Accreditation of the County's Emergency Communications Center ➢ Progress by the Catawba Sustainability Project and the first ever Catawba Valley Farmers' Market ➢ An historic 80% return rate by Roanoke County residents who completed their 2010 Census forms ➢ Three Governors awards for Roanoke County Fire and Rescue Department for Excellence in Virginia Fire Services and a fourth Governor's award for Outstanding EMS Agency ➢ State award from the Virginia Economic Developers Association for the Green Ridge Recreation Center project ➢ Recognition from the Center for Digital Government and National Association of Counties as one of the nation's top Digital Counties ➢ 2010 Achievement Award from the Virginia Association of Counties for the Green Ridge Recreation Center ➢ LEED Certification from the U.S. Green Building Council for the Fleet Service Center ➢ LEED Gold Certification from the U.S. Green Building Council for the Green Ridge Recreation Center ➢ International reaccreditation of the County's Economic Development Department by the Economic Development Council 4 January 11, 2011 WHEREAS, Chairman Church was a steadfast supporter of the Blue Ridge Parkway and helped recognize the Parkway on its 75 Anniversary; and WHEREAS, Chairman Church was proud to take part in an international program with visitors from our Sister City, Opole, Poland and is working on a plan for a Polish /American Medical Conference; and WHEREAS, Chairman Church chose a positive approach to governing by encouraging open communication and prompt responses to citizens; and WHEREAS, Chairman Church worked diligently throughout the year to represent the citizens of Roanoke County by emphasizing sound financial strategies and practices to benefit all of the residents of the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its deepest appreciation to JOSEPH B. "BUTCH" CHURCH for his service as Chairman during 2010 and for his belief in democracy and championing of citizen participation in local government. On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick NAYS: None ABSENT: Supervisor Flora ABSTAIN: Supervisor Church IN RE: BRIEFINGS 1. Briefing from the Roanoke Valley Convention and Visitors Bureau (Landon Howard, Executive Director) In attendance with Mr. Howard were Catherine Fox, Director of Tourism and Communications from the Roanoke Valley Convention and Visitors Bureau and Susan Short, Director of Virginia Tech Roanoke Center. Mr. Howard gave a PowerPoint presentation to update the Board of Supervisors on the Bureau. A copy of the presentation is on file in the office of the Clerk to the Board of Supervisors. All Supervisors thanked Mr. Howard for his service. 2. Security and Safety for the Board of Supervisor Meetings (Joseph B. "Butch" Church, Chairman) Chairman Church stated unfortunately, tragedy continues to be experienced in public places; especially it seems at political gatherings in governmental buildings. He further advised as a peaceful society and a Country that is based on individual freedom as its most valued asset, it is really sad to see things that are January 11, 2011 r J happening all around the Country. The latest occurrence in Tucson, Arizona, more than ever sends a clear message that Roanoke County cannot sit and hope things go away and that bad things will not happen. He further stressed Roanoke County, Virginia is no different than any other location; violence can happen anywhere. Chairman Church stated when a person decides to commit a violent act; anyone and everybody present at these meetings are in harms' way. He emphasized that sadly some of these occurrences around the nation, maybe only one or two people that the suspect was trying to harm were really harmed; most of the casualties are little children, grandmothers, grandfathers and anyone else that just happens to be in that location. He advised that Roanoke County cannot duck its collective heads under the sand, because it would void every bit of the freedom enjoyed in the United State of America. Chairman Church then explained as far back as six months or more, he has been having discussions with Mr. Goodman concerning this very issue and he stated he feels Roanoke County must now take a step. Accordingly, effective today, the Board will have a uniformed and armed Roanoke County policeman present at its public meetings. Chairman Church reiterated that the Board and County Administration feel like it is the most prudent and safest step to take. Chairman Church expanded by stating any child, grandfather, grandmother, parent, brother, sister who enjoys the freedom of coming and participating in a public gathering in their local government should not be afraid to come here. He further advised anyone who wants to commit a tragic act, the best plan in the world cannot prevent that, but as Chairman he feels the County is doing something that can curtail or hopefully prevent such a tragedy. County Administrator, B. Clayton Goodman advised that he had been in conversation for some time about this issue, but had not moved forward in the request. He further stated after the Panama City incident on December 15 and the recent Arizona incident, further discussions were held. Mr. Goodman stated he felt it appropriate as the County Administrator to ask the Assistant Police Chief to have a police officer here at our meetings to protect the citizens who come here to exercise their rights. Mr. Goodman also explained in conjunction with this issue, the County has a committee of County employees looking at safety in our building, which was started approximately two months ago. Staff is reviewing what can be done to insure that our employees have the knowledge, information and know how to deal with any situation they might have to encounter. He advised Staff is looking at different things throughout all of the Roanoke County buildings, but is starting with the Administration building and will move forward from there. Mr. Goodman explained the Board will be receiving reports from this committee as it tries to look at security for its employees and our citizens who visit our buildings throughout the County. Supervisor Altizer explained the Board sits here today making decisions and doing things that probably many years ago no one would ever contemplate. He stated a free society has its consequences and it is how you handle and what you do to prevent those consequences that keeps us strong and continues to make us a free society. Supervisor Altizer stated he agreed with Chairman Church in having the police 6 January 11, 2011 presence here to protect and look after the citizens to make sure that they feel comfortable in coming before a public gathering for this Board to express their views for whatever reason. He explained when people become afraid to become a part of the process, the erosion of our free society begins. Supervisor Altizer expressed his opinion that he believes it is incumbent upon the Board to make sure that there is a safe and secure facility for the citizens of Roanoke County to come, participate, talk and bring things forward to the Board as that is what it is all about. He remarked elected officials are out every day, doing different things and are seen all over this County, but thinks the most important part is this building is secure, the citizens of Roanoke County feel safe when they enter this room, and that they can come do whatever it is that they want to talk about or bring forward to this Board, because shown in all of these instances, it takes one person and only one person in most cases and one deranged mind to create havoc in a locality and a County. Supervisor Altizer stated as we go down this road today, citizens see two uniformed officers here; you may come in here sometime and not see any uniformed officers, but trust him when he says that does not mean that there will not be somebody here to protect the people who want to come to their government and be a part of it. The Board will create the environment that will allow this. Supervisor Moore stated that she also concurs; the Board and Administration cannot do enough to ensure the safety of its citizens; as they are the Board's top priority. She remarked that in lieu of everything that has happened in the past couple of months, it is a shame that it has come to this, but things must be done to ensure the safety of our citizens. Supervisor Elswick stated he agreed, it is a shame the Board has to do something like this, but you have to be realistic. He remarked if a tragedy were to happen, the effects are long- lasting; it is not just something has happened and it is over with. He explained the County would end up with a reputation that it really did not deserve. Roanoke County has worked so far to become a progressive, modern community that has a lot to offer people, and we need to do all we can to prevent something like that from happening. Supervisor Elswick stated that he was glad that Mr. Goodman had County employees involved and thinking, because there may be more innovative ways to attack the potential problem; advising he knows it would be tough for one policeman to stop a deranged individual and maybe other ideas can be brought forth. He reiterated to anyone else listening, anybody with ideas as to how to approach this kind of problem, is welcome to present them to the Board of Supervisors. Chairman Church thanked the Board, County Administrator and all Directors and employees. He remarked to the media and the employees, that this is not a cure -all, but a start. He indicated the Board is not going to sit around and wait and hope. He added the Board will pray often and to do its best to do what it can to help. Chairman Church remarked that this action is just a start, but feels the Board is on the right path; it may take some time, but feels this is something that citizens will truly come to appreciate. January 11, 2011 7 IN RE: NEW BUSINESS 1. Request to appropriate $8,217.50 for additional audit fees (Rebecca Owens, Director of Finance) A- 011111 -2 Ms. Owens outlined to the Board the request for an additional appropriation for audit fees. There was no discussion. Supervisor Church moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSENT: Supervisor Flora 2. Authorization to transfer title of a truck with a mounted crash unit body to the Mount Pleasant Volunteer Rescue Squad (Paul M. Mahoney, County Attorney) A- 011111 -3 Mr. Mahoney explained to the Board the request for transfer of title. Also in attendance was Richard E. Burch, Chief of Fire and Rescue to respond to any questions. Supervisor Elswick inquired if Roanoke County did not already have a system in place to dispose of surplus items. Chief Burch responded that the County system regarding surplus items works very well for routine vehicles, but not necessarily with ambulances as was learned during the process with the Clearbrook vehicles and by going this route, there would be more financial gain. Supervisor Altizer responded the whole point of this route is to bring in more funds, which would go back into the station. Supervisor Altizer indicated that it was his opinion this was a prudent decision. Supervisor Church moved to approve the staff recommendation. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSENT: Supervisor Flora IN RE: FIRST READING OF ORDINANCES 8 January 11, 2011 1. Ordinance authorizing the granting of a temporary construction easement to Appalachian Power on property owned by the Roanoke County Board of Supervisors known as Leslie Lane (Tax Map No. 077.15 -01- 11.00) for purpose of changing the grade level at the entrance of Leslie Lane to allow access for certain equipment, Cave Spring Magisterial District (Due to time constraints, it is requested that, upon a four - fifths vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure.) (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined for the Board this ordinance was as a result of Appalachian Power's Sunscape substation. He explained heavy equipment must be brought in and Leslie Lane is not maintained by the State, accordingly Appalachian wants to improve the access for their equipment. Mr. Mahoney also advised there were time constraints, which is why a request that the second reading be waived. He further indicated that a time limit be added to the ordinance. Supervisor Moore requested a time limit of August 1, 2011 be added to the ordinance. ORDINANCE 011111 -4 AUTHORIZING THE GRANTING OF A TEMPORARY CONSTRUCTION EASEMENT TO APPALACHIAN POWER ON PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS KNOWN AS LESLIE LANE (TAX MAP NO. 077.15 -01- 11.00) FOR THE PURPOSE OF CHANGING THE GRADE LEVEL AT THE ENTRANCE OF LESLIE LANE TO ALLOW ACCESS FOR CERTAIN EQUIPMENT, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Appalachian Power (AEP) requires a temporary construction easement for obtaining temporary access to Roanoke County property known as Leslie Lane for the purpose of changing the grade level of Leslie Lane near its entrance from Ogden Road in order to provide safer access for AEP to transport a large electrical transformer for use at the newly constructed Sunscape 138 kv Sub - station; and WHEREAS, granting this temporary construction easement will have a minimal impact upon County -owned property during the course of this construction project and will result in safer entrance to Leslie Lane from Ogden Road; and WHEREAS, the proposed improvement to the entrance of Leslie Lane will serve the interests of the public and is necessary for the public health, safety, and welfare of the citizens of Roanoke County. 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 January 11, 2011 9 ordinance. A first reading of this ordinance was held on January 11, 2011, and a second reading has been dispensed with since an emergency exists, upon a 4 /5ths vote of the members of the Board. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be temporarily surplus, and is hereby made available for other public uses by conveyance to Appalachian Power for a temporary construction easement. 3. That donation to Appalachian Power of a temporary construction easement for improvement to the entrance of Leslie Lane from Ogden Road is hereby authorized and approved. As part of this temporary construction easement, Roanoke County also grants to AEP a license in order to maintain Leslie Lane. In addition, AEP will also have the responsibility to maintain the proposed storm drain under Leslie Lane, and to secure any off -site drainage easements that may be necessary. This temporary construction easement shall expire as of August 1, 2011. 4. That the County Administrator, or an 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 Moore to adopt the ordinance, and carried by the following recorded vote AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSENT: Supervisor Flora IN RE: SECOND READING OF ORDINANCES 1. Ordinance authorizing the conveyance of Roanoke County's one - half interest in the Blue Ridge Branch Library to Botetourt County (Paul M. Mahoney, County Attorney) Mr. Mahoney advised there were no changes from the first reading. There was no discussion. ORDINANCE 011111 -5 AUTHORIZING THE CONVEYANCE OF ROANOKE COUNTY'S ONE -HALF INTEREST IN THE BLUE RIDGE BRANCH LIBRARY TO BOTETOURT COUNTY WHEREAS, by deed of gift dated October 20, 1986, and recorded in Deed Book 324 at page 604 among the land records of the Botetourt County Circuit Court Clerk, the Greater Roanoke Valley Development Foundation and the Roanoke Valley 0 January 11, 2011 Development Corporation conveyed to the Board of Supervisors of Roanoke County and Botetourt County certain property located in Botetourt County; and WHEREAS, by an agreement dated March 17, 1986, Botetourt and Roanoke agreed to develop a joint branch public library near the Bonsack community in the Blue Ridge Magisterial District of Botetourt County; and WHEREAS, pursuant to Section 11 of the 1986 agreement, Roanoke terminated the agreement by notice to Botetourt dated February 26, 2009; and the parties have negotiated the disposition of these jointly -owned assets; and WHEREAS, Roanoke County, Botetourt County and the Economic Development Authority for Roanoke County have entered into a settlement agreement to resolve a variety of issues involving the Jack Smith Industrial Park and the Blue Ridge Branch Library; and WHEREAS, as part of this settlement agreement Roanoke has agreed to convey to Botetourt its one -half interest in the land, building, contents and furnishings of the Blue Ridge Branch Library valued at $761,764; and WHEREAS, first reading of this ordinance was held on December 14, 2010; and the second reading was held on January 11, 2011. NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows: 1. That the conveyance of Roanoke County's one -half interest in the Blue Ridge Branch Library to Botetourt County, consisting of 2.712 acres of real estate (Tax Map No. 112 -4C), the library building and all of its contents and furnishings is hereby authorized. 2. That the County Administrator, or an 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. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSENT: Supervisor Flora 2. Ordinance authorizing and approving execution of a Lease Agreement with Cisco Systems, Inc., for office space in the Salem Bank and Trust building at 220 East Main Street, Salem, Virginia, owned by the Board of Supervisors of Roanoke County (Anne -Marie Green, Director of General Services) January 11, 2011 11 Ms. Green advised there was one change due to a miscalculation of the amount of money that would be due for the starting rent. The rent will be going up four percent (4 %). She explained the first paragraph indicated that the rent would be $1,991.50 when in fact this amount should be $1,914.90 and under fiscal impact the total annual payment for the first year will be $22,978.80. Ms. Green indicated this was a small mathematical error; the calculations were done at eight percent (8 %) instead of four percent (4 %). She advised all other information was the same as in the first reading. There was no discussion. ORDINANCE 011111 -6 AUTHORIZING AND APPROVING EXECUTION OF A LEASE AGREEMENT WITH CISCO SYSTEMS, INC., FOR OFFICE SPACE IN THE SALEM BANK & TRUST BUILDING AT 220 EAST MAIN STREET, SALEM, VIRGINIA, OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of several parcels of land, containing .68 acre, located at 220 East Main Street in the City of Salem, Virginia, and designated on the Salem Land Records as Tax Map #106- 13 -6, #106 -13 -2, and #106 -13 -1, and commonly referred to as the Salem Bank and Trust Building; and, WHEREAS, said property was purchased on May 15, 2001, subject to leases with the County of Roanoke to provide office space for the Department of Social Services and Blue Ridge Behavioral Health Care on the third, fourth, and fifth floors of the building, and subject to a number of commercial leases for the first and second floors of the building and the rooftop for antenna space; and WHEREAS, the County leased the property to the Roanoke County Industrial Development Authority for the issuance of bonds to finance the purchase, and the property was leased back to the County for operation of the premises and generation of the revenue, through the existing leases, for payment of the debt service on the bonds; and WHEREAS, by Lease Agreement and a Telecommunication Addendum attached thereto, dated the March 1, 2006, the County entered into a lease with Cisco Systems, Inc., a California corporation, for a term of two years for 1,400 square feet of office space in Suite 200 on the second floor of the building, and for placement and use of a WHIP antenna and an 18" satellite dish on the rooftop of this building; and WHEREAS, by a First Amendment to Lease Agreement and Telecommunications Addendum dated December 17, 2007, the County's lease with Cisco Systems, Inc, was extended for an additional three (3) year term to expire on February, 28, 2010; and WHEREAS, Cisco Systems, Inc. has negotiated with staff to continue leasing the premises for a period of three years from March 1, 2011, at a rental of $1,914.90 per 2 January 11, 2011 month for the second floor office space and the rooftop antenna space for the first year of the new lease term, and to be increased by four percent (4 %) for each succeeding year of the lease term, with the option to renew the lease terms for two (2) additional three (3) year terms; in addition, Cisco Systems, Inc. will be billed for the metered utility costs for their leased space and for janitorial services at the rate of Twelve Dollars ($12.00) per business day; and WHEREAS, it would serve the public interest to continue leasing the premises to Cisco Systems, Inc. in order to have the office space occupied and maintained, and to generate revenue to be applied to meeting the bond obligations; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on December 14 2010 and the second reading was held on January 11, 2011. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That lease of 1,400 square feet of office space in Suite 200, as shown on attached Exhibit "A ", and rooftop space for a WHIP antenna and an 18" satellite dish on a 4'X 4' pad, as shown on attached Exhibit "B ", at the Salem Bank and Trust Building, located at 220 East Main Street, Salem, Virginia, to Cisco Systems, Inc. for a period of three years at an annual rental of $22,978.80, payable monthly in the amount of $1,914.90, for office space rooftop space, commencing as of March 1, 2011, and ending on February 29, 2012, an annual rental of $23,897.95, payable monthly in the amount of $1,991.50, for office space and rooftop space, commencing as of March 1, 2012, and ending on February 28, 2013, and an annual rental of $24,853.97 payable monthly in the amount of $2,071.16, for office space and rooftop space, commencing as of March 1 2013, and ending on February 28, 2014, with the option for Cisco Systems, Inc. to renew this lease for one or two additional three (3) year terms with an annual rental increase of four percent (4 %) upon ninety (90) days written notice to the County, is hereby authorized and approved. In addition, Cisco Systems, Inc. shall pay the metered utility charges incurred for their leased space and a charge of Twelve Dollars ($12.00) per business day for janitorial and cleaning of their leased premises to be billed quarterly. 2. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 3. That the funds generated by this lease shall be placed in the Salem Bank and Trust Building revenue account. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: January 11, 2011 13 AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSENT: Supervisor Flora 3. Ordinance authorizing conveyance of a 50' water and sewer line easement to the Western Virginia Water Authority to be located within a public right -of -way known as Townsend Road, said right -of -way having been dedicated to the Board of Supervisors, Hollins Magisterial District (Paul M. Mahoney, County Attorney) Mr. Mahoney stated there were no changes from the first reading of this ordinance. There was no discussion. ORDINANCE 011111 -7 AUTHORIZING CONVEYANCE OF A 50' WATER AND SEWER LINE EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY TO BE LOCATED WITHIN A PUBLIC RIGHT -OF -WAY KNOWN AS TOWNSEND ROAD, SAID RIGHT -OF -WAY HAVING BEEN DEDICATED TO THE BOARD OF SUPERVISORS, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the Western Virginia Water Authority (WVWA) requires an easement for an underground waterline within the right -of -way known as Townsend Road to provide water service to the area, all as shown on the plat entitled "Exhibit Plat for Western Virginia Water Authority Showing A New Public Water & Sewer Easement within the R. OW. of Townsend Road," (Exhibit A) dated December 6, 2010; and WHEREAS, Townsend Road was dedicated in fee simple to Roanoke County by subdivision plat of Section 2 Belle Haven dated September 4, 1956, and recorded in Plat Book 3, page 237 in the Roanoke County Circuit Court Clerk's Office; 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 the citizens of Roanoke County. 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 December 14, 2010, and a second reading was held on January 11, 2011. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to WVWA for the provision of water and sewer service. 14 January 11, 2011 3. That donation to WVWA of an easement for an underground water and sewer line and related improvements, within the easement area designated on the above - mentioned map, on the County's property known as Townsend Road to provide water and sewer service to the area is hereby authorized and approved. 4. That the County Administrator, or an 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 Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Elswick, Church NAYS: None ABSTAIN: Supervisor Altizer ABSENT: Supervisor Flora IN RE: APPOINTMENTS 1. Parks, Recreation and Tourism Advisory Commission (appointed by District) Chairman Church announced Lee Blair, who represents the Cave Spring District, has notified Supervisor Moore of her resignation. Her three -year term will expire on June 30, 2011. Supervisor Moore has appointed Beth Doughty to fill the unexpired term. Confirmation of this appointment has been placed on the Consent Agenda. IN RE: CONSENT AGENDA Supervisor Altizer requested that the request to accept and appropriate funds in the amount of $123,822 from Mount Pleasant First Aid Crew, Inc. to provide funding for a new ambulance to be placed in service at the Mount Pleasant station and approval to proceed with the purchase of same in accordance with County purchasing guidelines be removed from the Consent Agenda to be addressed separately. There were no objections. RESOLUTION 011111 -8 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA January 11, 2011 15 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 January 11, 2011, 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 8 inclusive, as follows: 1. Approval of minutes — December 14, 2010 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Janet Scheid, Greenway Coordinator, upon her retirement after more than twenty -one years of service 3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Diane H. Jernigan, Customer Service Representative II, Community Development, upon her retirement after more than twenty -five years of service 4. Request to accept and appropriate funds in the amount of $30,000 to the Roanoke County Public Schools 5. Re quest to accept and appropriate fi rods Onin +�amount of $123 , 82 2 from Mount Pleasant Ciro Air! Gr°� "��G provide funding for a new ambulance t o be planed in cerVine at the Mount Pleasant station and approval tG proneed w the of same in a GGe aar nne with County pi irnhasing g iidelinec 6. Request to accept and appropriate funds in the amount of $32,500 from Botetourt County to provide fifty percent (50 %) of the matching funds for a $65,000 grant from the Virginia Department of Health 7. Confirmation of appointment to the Parks, Recreation and Tourism Advisory Commission 8. Donation of a two hundred forth -two (242) square foot Variable Width Access Easement on the property of Fralin & Waldron, Inc. described as Lot 6, "Keswick Court" (Tax Map No. 040.09 -10- 06.00), Hollins Magisterial District On motion of Supervisor Altizer to adopt the resolution, with the exception of Item J -5 and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSENT: Supervisor Flora RESOLUTION 011111 -8.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JANET SCHEID, GREENWAY COORDINATOR, UPON HER RETIREMENT AFTER MORE THAN TWENTY -ONE YEARS OF SERVICE 16 January 11, 2011 WHEREAS, Janet Scheid was hired on March 13, 1989, and held various management roles in Planning and Zoning and was promoted in 2008 to Greenway Coordinator; and WHEREAS, Ms. Scheid retired on January 1, 2011, as Greenway Coordinator after twenty -one years and nine months of devoted, faithful and professional service with the County; and WHEREAS, Ms. Scheid has been instrumental in the development of numerous long -range planning studies including, but not limited to, the 1995 Community Visioning process, the 1998 Community Plan and the 2005 Community Plan, in the course of which she attended numerous community meetings held in all corners of Roanoke County; and WHEREAS, Ms. Scheid assisted in the development of the 1992 Roanoke County Zoning Ordinance and the 2003 Off - Premise Sign regulations; and WHEREAS, Ms. Scheid served as Secretary of the Planning Commission for Roanoke County from 2001 to 2006, where she provided the Commission with excellent leadership, knowledge and service; and, WHEREAS, Ms. Scheid represented Roanoke County on the Regional Greenways Commission where she assisted in the 2007 update to the Roanoke Valley Conceptual Greenway Plan; and WHEREAS, Ms. Scheid worked with the Blue Ridge Parkway on viewshed analysis and mapping, protection for Read Mountain, trail connections and adjacent development projects including the planned developments of Wolf Creek, Mason's Crest, Wilshire and the Vinton Business Center; and WHEREAS, Ms. Scheid has skillfully guided dozens of land use cases through the Roanoke County legislative process and assisted on many others; and WHEREAS, Ms. Scheid has spent innumerable hours patiently assisting hundreds of citizens and staff with zoning, land use and other miscellaneous questions; and WHEREAS, Ms. Scheid was instrumental in the establishment and growth of the Western Virginia Land Trust, a non - profit dedicated to the protection of scenic viewsheds in Roanoke County and the adjacent region; and WHEREAS, Ms. Scheid coordinated the donation of property and easements for Read Mountain Preserve, a new 243 -acre Roanoke County park and worked with volunteers to lay out and construct natural surface trails for public enjoyment; and WHEREAS, while serving as Roanoke County's Greenway Planner, Ms. Scheid established the Park Partners Program to provide volunteer resources for monitoring and clean up of County greenways and parks; led the regional Greenway Planning and Standards Committee in development of a greenway etiquette video and mileage system for Roanoke River Greenway; secured right -of -way from Hollins University for extension of Tinker Creek Greenway; worked with the Catawba Sustainability Center for protection of the Tech Farm and development of a Catawba Greenway and assisted in securing and administering several grants for greenway construction; and January 11, 2011 17 WHEREAS, Ms. Scheid also represented Roanoke County on various regional boards and commissions, including the Greenway Commission, the Western Virginia Land Trust, the Bicycle Advisory Committee, the Urban Forestry Council, the Regional Open Space Committee, RC CLEAR and the Carvin's Cove Master Plan Committee; and WHEREAS, throughout her tenure with Roanoke County, Ms. Scheid has displayed the highest standards of integrity, honor, and character and has, with compassion, consistently improved the quality of life for her fellow employees and citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to JANET SCHEID for more than twenty -one 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSENT: Supervisor Flora RESOLUTION 011111 -8.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DIANE H. JERNIGAN, CUSTOMER SERVICE REPRESENTATIVE II, UPON HER RETIREMENT AFTER MORE THAN TWENTY -FIVE YEARS OF SERVICE WHEREAS, Diane H. Jernigan was hired on July 29, 1985, with the Department of Public Facilities as a Clerk Typist II and in 1987 transferred to the Engineering Department (Community Development) and held positions as Secretary, Permit Clerk and was promoted to Customer Service Representative II in May of 1998; and WHEREAS, Ms. Jernigan retired on December 31, 2010, as Customer Service Representative II in the Community Development Department after twenty -five years and five months of devoted, faithful and expert service with the County; and WHEREAS, during her time serving Roanoke County's Community Development Department, Ms. Jernigan obtained advanced training for Customer Services and computer technology training for several permitting programs that helped facilitate the issuance of permits and business licenses. 8 January 11, 2011 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DIANE H. JERNIGAN for more than twenty -five 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSENT: Supervisor Flora IN RE: REQUEST TO ACCEPT AND APPROPRIATE FUNDS IN THE AMOUNT OF $123,822 FROM MOUNT PLEASANT FIRST AID CREW, INC. TO PROVIDE FUNDING FOR A NEW AMBULANCE TO BE PLACED IN SERVICE AT THE MOUNT PLEASANT STATION AND APPROVAL TO PROCEED WITH THE PURCHASE OF SAME IN ACCORDANCE WITH COUNTY PURCHASING GUIDELINES A- 011111 -9 Supervisor Altizer explained the reason that he pulled this item from Consent, is that the Mount Pleasant rescue squad is disbanding after many, many years of service and the Board will have a great recognition for those folks at a future date. He explained what he wanted to do on this is certainly the allocation of the money that the volunteer rescue squad has written a check to Roanoke County for $123,822 out of their account to buy a brand new ambulance for the Mt. Pleasant area from donations of their citizens. He emphasized that he wanted to go on record by stating, "People change, department heads change, Board members change, County Administrators change, you just never know, but what I want to make sure that is recorded into the record; in accordance with an agreement with the crew that this vehicle will be stationed at Mount Pleasant and remain at Mount Pleasant until such a time that is completely taken out of service." Supervisor Altizer moved to approve the staff recommendation. The motion was approved by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSENT: Supervisor Flora January 11, 2011 19 IN RE: REQUESTS FOR PUBLIC HEARINGS 1. Request to hold a public hearing to consider a resolution approving and adopting the recommendation of the Roanoke County Bonding Committee to declare the developer of Old Mill Plantation Subdivision, Section I is in default and to authorize officials of Roanoke County to exercise its rights under the developer's Land Subdivider; and the Erosion and Sediment Control Agreements and the accompanying Bonds (Tarek Moneir, Deputy Director of Development Services) A- 011111 -10 Mr. Moneir explained the reasoning for the request for public hearing for both Sections was to hold a public meeting to formally declare the development is in default. Supervisor Elswick inquired if there are currently erosion and sediment control issues that the County will need to start spend money on soon. Mr. Moneir responded by advising the developer has done a good job, however there are certain issues Roanoke County must insure are taken care of. He further explained staff had done a quick assessment of the current conditions, but because of the current weather and environment he did not have the complete assessment of the costs relating to improving or with completing the project with regard to erosion and sediment control. Supervisor Elswick moved to approve the staff recommendation to hold the public hearing. The motion was approved by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSENT: Supervisor Flora 2. Request to hold a public hearing to consider a resolution approving and adopting the recommendation of the Roanoke County Bonding Committee to declare the developer of Old Mill Plantation Subdivision, Section 2 is in default and to authorize officials of Roanoke County to exercise its rights under the developer's Land Subdivider; and the Erosion and Sediment Control Agreements and the accompanying Bonds (Tarek Moneir, Deputy Director of Development Services) I_QlTififififiQifil 20 January 11, 2011 Mr. Moneir explained to the Board the reason for the request. There was no discussion. Supervisor Elsiwck moved to approve the staff recommendation to hold a public hearing. The motion was approved by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Flora IN RE: REPORTS Supervisor Altizer moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Flora, Elswick, Church NAYS: None ABSENT: Supervisor Flora 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Report on the analysis of the Communications Sales and Use Tax and Cable Franchise Fees IN RE: CLOSED MEETING At 4:36 p.m., Chairman Church moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2 -3711 A Personnel, namely discussion concerning appointments to the Economic Development Authority The motion carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSENT: Supervisor Flora The closed meeting was held from 5:05 p.m. until 5:09 p.m. IN RE: WORK SESSIONS 1. Work Session to discuss Community proposal for the future use January 11, 2011 21 of the Bent Mountain School (B. Clayton Goodman III, County Administrator) The work session was held from 4:49 p.m. until 4:58 p.m. Mr. Goodman explained that he had asked for work session concerning the proposal submitted for the Community Center at Bent Mountain Elementary School. The Bent Mountain Civic League (BMCL), the Bent Mountain Woman's Club (BMWC) and members of the community at large forwarded the proposal by which the former Bent Mountain Elementary School be made available to the community. It was the consensus of the Board for Mr. Goodman to proceed in contacting the parties who had submitted the proposal to address some of the questions and concerns staff had with regard to the proposal. Mr. Goodman also indicated that discussions would need to be held with the School Board. Supervisor Elswick advised that it was possible that grants could be obtained to assist in this project. Landon Howard with the Roanoke Valley Convention and Visitors Bureau would be assisting with any grant writing. He explained that the community was well organized and volunteer oriented. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Altizer advised briefly as an update from the last meeting, staff has scheduled a regional stormwater committee to again look into regional efforts to establishing and looking at whether it makes sense to do regional stormwater basins to begin to address our stormwater issues in Roanoke County and this valley. He advised this meeting has been scheduled for the coming week. Supervisor Elswick stated he would like to make a proposal to the Board in the interest of efficiency and open communication. He proposed the Board agree to host a forum on large, utility windmill installations with County Staff, Planning Commissioners and Board of Supervisors in attendance. He explained County staff has been developing an ordinance for such installations for quite some time and feels a forum would provide excellent input for their consideration and for the Board's review. He explained the technical aspects and other considerations are very complicated with large windmills and input from persons or organizations familiar with the subject would be valuable. He indicated the Board's purpose would be to obtain factual data from all sources concerned prior to doing its evaluations. He further outlined that he feels since both the Planning Commission and the Board of Supervisors must review any ordinance, it would seem logical, efficient and openly communicative for both parties to hear the same presentations simultaneously. He stated he believes the County should have such a forum sometime during the first quarter, probably March, if staff can facilitate it by then, he stated he thinks it would be worthwhile to move forward as soon as possible. 22 January 11, 2011 Supervisor Moore stated on behalf of the entire Board, she would like to express condolences for Battalion Chief, Bobby Slayton, who passed away after forty - four years of service with Roanoke City Fire EMS; he will be in our prayers. She further thanked Chief Burch and his staff for filling in for Roanoke City while their employees attended the funeral. Supervisor Church thanked the police officers standing guard over the meeting stating the Board and citizens appreciated their presence. He thanked the committee for their proposed works to make Roanoke County the safest place to try to conduct public business. He added that he looked forward to working with all of the staff and Board members for this upcoming year. He remarked that the Board knows it is going to be a tough financial year, but feels everyone is up to the challenge. Supervisor Moore asked to respond to Supervisor Elswick's request. She stated, "the Planning Commission has been working on the wind ordinance for about a year and half now, they have been to symposiums, they obtained information and I think we need to follow protocol on this until the Planning Commission can have a public hearing and we can get public input and inform the citizens of everything they have obtained so far and until it comes to us, I cannot support having a public hearing or having a forum at this time, until after the Planning Commission has brought their information forward." Supervisor Altizer stated he guessed this discussion is sort of a little bit out of the ordinary as it has come under Board comments and maybe should come under request for Work Session, which the Board would be able to comment further on. He stated the Planning Commission has been working on this for a year and a half and Roanoke County has a process that has worked for many years; the Board delegates to the Planning Commission to function as a body and come back to the Board. He advised whenever there have been issues, a joint work session is held at that time. Supervisor Altizer indicated that he understands Supervisor Elswick's passion for windmills, but the Board must let the process work. He further commented that in his opinion and viewpoint, certainly everyone is aware there is a company out there who has yet to file with Roanoke County; is the likelihood that they are going to, in his opinion he thinks absolutely. The Board must understand that the issue of windmills is certainly at the present time centered on Bent Mountain, but the issue of windmills is a County problem; it is a top of Windy Gap Mountain problem, it is a top of Read Mountain, Hollins Ft. Lewis Mountain in West County, Catawba Mountain, and the mountains down Route 220. He reiterated the Board must be in a position to best represent the County and the area in any ordinance that is done. Additionally, he remarked there are questions about whether or not a wind mills is a utility or not. Accordingly, he advised that he had inquired of some people outside of Roanoke County just to give him what their opinions on whether they are considered or whether they are not. Supervisor Altizer reported that he actually talked to three people, two agreed; under their interpretation they thought they would be classified utilities, one person told me that it could be or could not be. He stated the point he is trying to make January 11, 2011 23 is Roanoke County has always let the process work, whether in creating a PDR for a residential development to have control over what that development is, open space and other things of that nature to put the best possible development in. He advised he feel the Board should be in the best position when it comes to windmills and knowing what is best on how to approach as well as doing due diligence, which cannot happen until the Planning Commission holds its public hearing and goes through the process as they do on every rezoning, every ordinance. If at that point there are differences and the Board feels it needs more information then it will be obtained, but stated he believes if a windmill company were to come in and petition Roanoke County for a special use permit, anywhere in Roanoke County, Roanoke County is in jeopardy, as it could not be regulated nor could the County do the things that are necessary to put into place. He further indicated whether or not how windmills go, somebody is going to take it to court anyway, but feels it is the Board's responsibility to position Roanoke County to protect all of Roanoke County and the best way to do that is by an ordinance and in order to accomplish the ordinance, due diligence must be done. Additionally, Supervisor Altizer added that before the Board can begin its due diligence, it must let the Planning Commission do their work; they are all capable people, the staff is capable and the Board must now move forward and get this done in order to best protect Roanoke County's interest throughout the entire County. Supervisor Elswick stated he understands what the other Board members are saying about letting the process take its normal course, but he thinks if you ask the people involved on the Planning Commission and Mr. Thompson and others, no -one has yet heard from the experts; Roanoke County is not an expert on these kinds of utility installations. He added that he feels here would be a great benefit, that we have heard from the people who are experts, we are not experts on these kinds of utility installations and although Mr. Thompson and his staff have been doing a lot of research, as well as a lot of other people, there would be a great benefit to all of us that when the Board finally decides what kind of ordinance that is needed, that we have heard from the people who are knowledgeable about the impacts of large windmills and not to do that in due diligence would not be in our best interest. Chairman Church enquired of Mr. Mahoney if they could facilitate to bring the matter to closure. He added normally the board would not been trying to reach agreement or having disagreements during Board member comments. He then asked if the correct location of this item should be a request for work session and proceed from there with Mr. Mahoney responding in the affirmative. Chairman Church then suggested that the Board would not make a decision, as it has decisions are not made under Board comments, but in the interest of respect for the Board members passion and comments, the Board proceed to work session that will generate a decision being made as to move forward or not. He then inquired of Mr. Mahoney if that action would be proper with Mr. Mahoney responding in the affirmative. Chairman Church then requested that Supervisor Elswick make a request for work session, as any Board member may in order to properly and openly discussion the situation and move to the 24 January 11, 2011 next step. Supervisor Elswick enquired if during a work session can the Board allow the windmill company to make a presentation and people in other organizations also make a presentation, because that has not happened yet. Chairman Church responded by stating that the Board would need to get together and discuss outside of the Board comments section and review with staff. Supervisor Altizer stated he agreed with the Chairman that work session would be the best possible solution and suggested that he would not be opposed to having the work session today, if the majority of the Board wants to move forward it has to happen quickly. He further stated if not, he believes it is incumbent upon the Board to act just as quickly and send the Planning Commission to do what they do with the public hearings that will need to be scheduled. Chairman Church stated he thinks that the Board needs to plan and schedule correctly very quickly. Supervisor Moore enquired if Supervisor Elswick request today is to have a work session to decide whether the Board will hold a work session and if that be the case, without having the work session without any information? Chairman Church responded that the request is for a work session like would normally be done for any Board member then at the proper time; information would be brought forward and discussed. Chairman Church then enquired of Supervisor Elswick if the request is for a work session to be scheduled. Supervisor Elswick responded by stating that his original request was a forum where experts go through the subject in its entirety, because it is a very complicated one. He further advised there is a lot of information that he feels has not been brought forward. Additionally, Supervisor Elswick stated he did not believe staff has been working on this issue for a year and a half and asked to verify with Mr. Thompson if this is correct. He stated he was of the opinion staff started with the small ones and started working on the large ones two months ago. Mr. Thompson responded that it had been a year and a half on the large windmills with Supervisor Elswick asking if Mr. Thompson could document that assertion with Mr. Thompson responding in the affirmative. Supervisor Elswick stated he originally wanted a forum, but a work session will be fine. He reiterated that he thinks there are experts who have not yet given staff input. He further advised he does not care how staff goes about it, but feels before the Board is comfortable adopting an ordinance or completing one, the Board should hear from the people who are most expert on the subject. "Opinions don't count. What should count on a subject of this magnitude is what the experts will tell us and we haven't heard from those people." Chairman Church then advised the next comment would be the final one on this particular subject as we need to make a decision and move forward. Supervisor Moore advised that she cannot condone a work session on this; because she feels the Planning Commission has done their job. She further indicated that she was in agreement with Mr. Altizer and the Board needs to move January 11, 2011 25 forward; staff have been working on for a year and a half, they have a lot of information and at this time she is not aware of any information that could be obtained in a work session that the Planning Commission and County staff have not obtained already. Commenting further she stated the Board needs to give the people at a public hearing an opportunity to come, hear the information at that time and then hold a work session, if needed. IN RE: CERTIFICATION RESOLUTION At 5:09 p.m., Chairman Church moved to return to open session and adopt the certification resolution. RESOLUTION 011111 -12 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each 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 Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Altizer, Elswick, Church NAYS: None ABSENT: Supervisor Flora 26 IN RE: ADJOURNMENT January 11, 2011 Chairman Church adjourned the meeting at 5:10 p.m. 4 mitted by: 4 �� Deborah C. Ja s Clerk to the Board Approved by: . " 25 - seph Butch. "Butch" Church Chairman