HomeMy WebLinkAbout8/28/2018 - Regular
August 28, 2018
315
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 fourth Tuesday and the only
regularly scheduled meeting of the month of August 2018. 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: OPENING CEREMONIES
Before the meeting was called to order a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Hooker called the meeting to order at 3:01 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Martha B. Hooker, Supervisors George G. Assaid,
Phil C. North, Joseph P. McNamara and P. Jason Peters
MEMBERS ABSENT: None
STAFF PRESENT: Thomas C. Gates, County Administrator; Daniel R.
O’Donnell, Assistant County Administrator; Richard
Caywood, Assistant County Administrator; Ruth Ellen
Kuhnel, County Attorney; Amy Whittaker, Public Information
Officer and Deborah C. Jacks, Chief Deputy Clerk to the
Board
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Thomas C. Gates, County Administrator, requested the addition of the
following closed session: Section 2.2-3711.A.8, Consultation with legal counsel
employed or retained by a public body regarding specific legal matters requiring the
provision of legal advice by such counsel, namely the Vinton Gainsharing Agreement.
There were no objections.
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IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of the Cave Spring Volunteer Rescue Squad's 60th
Anniversary (Stephen G. Simon, Chief of Fire and Rescue)
Recognition was given. Chief Simon recognized two members who spoke
briefly.
2. Recognition of two High Intensity Drug Trafficking Area (HIDTA)
awards (Howard B. Hall, Chief of Police)
Chief Hall, Tom Bowers, Nancy Hans of the Prevention Council were in
attendance for the recognition. Chief Hall outlined both awards.
IN RE: BRIEFINGS
1. Briefing to update the Board of Supervisors on the Transportation
for Economic Development (TED) Study (Megan Cronise,
Principal Planner; Wayne G. Strickland, Executive Director,
Roanoke Valley-Alleghany Regional Commission)
Mr. Strickland provided the briefing.
IN RE: NEW BUSINESS
1. Resolution amending Resolution 062818-1 supporting SMART
SCALE project applications to reflect changes to the project
scope for the Route 419 and Route 220 Diverging Diamond
Interchange (Richard L. Caywood, Assistant County
Administrator)
Mr. Caywood outlined the request for the resolution. There was no
discussion.
RESOLUTION 082818-1 AMENDING RESOLUTION 062818-1
SUPPORTING SMART SCALE PROJECT APPLICATIONS TO
REFLECT CHANGES TO THE PROJECT SCOPE FOR THE
ROUTE 419 AND ROUTE 221 DIVERGING DIAMOND
INTERCHANGE
WHEREAS, at a regular meeting on August 28, 2018, the Board of Supervisors
reviewed an amended SMART SCALE project application; and
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WHEREAS, the scope of the Route 419 and Route 220 Diverging Diamond
Interchange has been expanded to analyze the adjacent traffic signal network on Route
419; and
WHEREAS, Roanoke County will work with the Virginia Department of
Transportation to develop plans for changes to traffic signal operations along Route 419
at Ogden Road, Elm View Road and S. Peak Boulevard (Wendy’s) to support the
Diverging Diamond Interchange which will require the potential modification and/or
elimination of some vehicular movements and traffic signal phases; and
WHEREAS, the Board of Supervisors desires to support both local and regional
projects to mitigate congestion, promote economic development, increase accessibility,
safety, and environmental quality, as well as develop projects consistent with local land
use policies.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board of Supervisors hereby supports the following amended
SMART SCALE project for Roanoke County application:
a. Route 419 and Route 220 Diverging Diamond Interchange, with
changes to the traffic signal network, including the modification
and/or elimination of some vehicular movements and traffic signal
phases on Route 419 at Ogden Road, Elm View Road and S. Peak
Boulevard as necessary to support operational requirements of the
interchange.
2. That the Clerk to the Board forthwith send a certified copy of this
Resolution to Senator Mark Warner, Senator Timothy Kaine,
Representative Bob Goodlatte, Representative Morgan Griffith, and the
Commonwealth Transportation Board Member, Salem District.
3. That this resolution is effective immediately.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
2. Resolution supporting a SMART SCALE application by the New
River Valley Metropolitan Planning Organization (Richard L.
Caywood, Assistant County Administrator)
Mr. Caywood outlined the request for resolution. There was no
discussion.
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RESOLUTION 082818-2 SUPPORTING A SMART SCALE
APPLICATION BY THE NEW RIVER VALLEY METROPOLITAN
PLANNING ORGANIZATION
WHEREAS, at a regular meeting on August 28, 2018, the Board of Supervisors
reviewed a proposed SMART SCALE project application to extend the Smart Road from
its current terminus to Interstate 81; and
WHEREAS, the Smart Road project is identified in the adopted Regional Study
on Transportation Project Prioritization for Economic Development and Growth (TED
Study); and
WHEREAS, the Board of Supervisors desires to support both local and regional
projects to mitigate congestion, promote economic development, increase accessibility,
safety, and environmental quality, as well as to develop projects consistent with local
land use policies.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board of Supervisors hereby supports the following SMART
SCALE project submitted by the New River Valley Metropolitan Planning
Organization:
a. Extension of the Smart Road to Interstate 81
2. That the Clerk to the Board forthwith send a certified copy of this
Resolution to Senator Mark Warner, Senator Timothy Kaine,
Representative Bob Goodlatte, Representative Morgan Griffith, and the
Commonwealth Transportation Board Member, Salem District.
3. That this resolution is effective immediately.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of Michael Sanctuary and Dezaray Allaire to rezone
approximately 5.35 acres from I-1, Low Intensity Industrial,
District to AG-1, Agricultural/Rural Low Density, District, located
at 4053 Aerospace Road, Vinton Magisterial District
Supervisor Peters’ motion to approve the first reading and set the public
hearing and second reading for September 25, 2018, was seconded by Supervisor
McNamara and approved by the following vote:
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AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
2. The petition of Southwest Virginia Wildlife Center of Roanoke, Inc.
to obtain a Special Use Permit in a AR, Agricultural/Residential,
District to construct buildings on a parcel without public road
frontage per Section 30-23-5(B) of the Roanoke County Zoning
Ordinance on 2.85 acres, located at 5985 Coleman Road, Cave
Spring Magisterial District
Supervisor Assaid’s motion to approve the first reading and set the public
hearing and second reading for September 25, 2018, was seconded by Supervisor
Peters and approved by the following vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance authorizing the granting of a new public drainage
easement to the Board of Supervisors of Roanoke County on
property owned by Ms. Ellen Smith Ryan, Tax Map No. 087.05-04-
17.00-0000 for the purpose of facilitating Stormwater Management
(Tarek Moneir, Acting Director of Development Services)
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this item.
Mr. Moneir advised there were no changes from the first reading. There
was no discussion.
ORDINANCE 082818-3 AUTHORIZING THE GRANTING OF A
NEW PUBLIC DRAINAGE EASEMENT BY ERNESTINE SMITH
TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
ON PROPERTY OWNED BY ELLEN SMITH RYAN (TAX MAP
NO. 087.05-04-17.00) FOR THE PURPOSE OF FACILITATING
STORM WATER MANAGEMENT
WHEREAS, the Roanoke County has requested that Ellen Smith Ryan (“Ryan”)
grant the County a new variable one thousand five hundred twenty-one square foot
public drainage easement across Ryan’s property in the County (Tax Map No. 087.05-
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04-17.00) said new drainage easement to adjoin an existing culvert currently located on
the same parcel; and
WHEREAS, the new public drainage easement will facilitate storm water
management along Belle Meade Drive, which is a residential area; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on July 24, 2018, and the second reading and
public hearing was held on August 28, 2018.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the County shall acquire a new twenty-foot public drainage easement
across property belonging to Ryan, adjacent to Belle Meade Drive, more specifically
identified on Tax Map No. 087.05-04-17.00, containing 1,521 square feet and shown on
the attached plat prepared by Caldwell White Associates, dated May 1, 2018, and such
conveyance is hereby authorized and approved.
2. That the County Administrator, or any Assistant County Administrators,
either of whom may act, are authorized to execute, deliver and record the deeds, and
any other documents on behalf of the County and to take all such further action as any
of them may deem necessary or desirable in connection with this project. The form of
the deed is hereby approved with such completions, omissions, insertions and changes
as the County Administrator may approve, whose approval shall be evidenced
conclusively by the execution and delivery thereof, all of which shall be approved as to
form by the County Attorney.
3. That this ordinance shall be effective from and after the date of its
adoption.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
2. Ordinance amending the Code of the County of Roanoke, by
amending and re-enacting Chapter 21 Taxation, Article III -- Real
Estate Taxes, Section 21-42 -- Moratorium on the granting of
Exemptions from Real Estate and Personal Property taxes by
designation (Peter Lubeck, Senior Assistant County Attorney)
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this item.
Mr. Lubeck advised there were no changes from the first reading. There
was no discussion.
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ORDINANCE 082818-4 AMENDING THE CODE OF THE
COUNTY OF ROANOKE, BY AMENDING AND RE-ENACTING
CHAPTER 21 TAXATION, ARTICLE III -- REAL ESTATE TAXES,
SECTION 21-43 -- MORATORIUM ON THE GRANTING OF
EXEMPTIONS FROM REAL ESTATE AND PERSONAL
PROPERTY TAXES BY DESIGNATION
WHEREAS, Pursuant to section 6(a)(6) of Article X of the Constitution of Virginia
and to § 58.1-3651 of the Code of Virginia, the County by ordinance may by designation
exempt from real or personal property taxes, or both, the real or personal property, or
both, owned by a non-profit organization that uses such property for certain purposes;
and
WHEREAS, The Board of Supervisors finds the costs of providing municipal
services has been continually increasing over the past years; and
WHEREAS, The Board further finds that it is the announced policy of the
Commonwealth of Virginia and the County of Roanoke to distribute the tax burden
uniformly, fairly and upon all property.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that:
1. The Code of the County of Roanoke is amended and re-enacted by
inserting the following Section into Article III of Chapter 21:
Sec 21-43. Moratorium on the granting of exemptions from real estate and
personal property taxes by designation.
(a) After the date of adoption of this ordinance, the Commissioner of Revenue shall
not accept or continue to process any applications filed by non-profit
organizations seeking exemption from taxation by designation pursuant to
Section 58.1-3651 of the Code of Virginia.
(b) The Commissioner of Revenue may receive applications from any organization
which claims exemption under Articles 1 through 4 of Chapter 36 of the Code of
Virginia. Applications for exemption under existing classifications shall be
reviewed to determine if the organization qualifies for an existing classification
exemption.
(c) This moratorium on acceptance and/ or processing of any applications filed by
non-profit organizations seeking exemption from taxation by designation shall be
in effect until repealed by the Board of Supervisors.
State law reference – Authority for above section, Code of Virginia, § 58.1-3651.
2. That any provision of the Roanoke County Code not specifically amended
above shall remain in full force and effect as adopted.
3. That this ordinance shall be in full force and effect from and after its passage.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
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AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
3. Ordinance amending the Code of the County of Roanoke by
amending and re-enacting Chapter 21 Taxation, Article III -- Real
Estate Taxes, Division 4 – exemption for surviving spouses of
certain persons killed in the line of duty (Peter Lubeck, Senior
Assistant County Attorney)
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this item.
Mr. Lubeck advised there were no changes from the first reading. There
was no discussion.
ORDINANCE 082818-5 AMENDING THE CODE OF THE
COUNTY OF ROANOKE BY AMENDING AND RE-ENACTING
CHAPTER 21 TAXATION, ARTICLE III -- REAL ESTATE TAXES,
DIVISION 4 -- EXEMPTION FOR SURVIVING SPOUSES OF
CERTAIN PERSONS KILLED IN THE LINE OF DUTY
WHEREAS, Pursuant to Section 6-B of Article X of the Constitution of Virginia
and to § 58.1-3219.14 of the Code of Virginia, the County by ordinance may exempt
from taxation certain real property of the surviving spouse of certain emergency
services persons killed in the line of duty.
WHEREAS, legal notice and advertisement has been provided as required by
law, the first reading of this ordinance was held on July 24, 2018, and the second
reading and public hearing were held on August 28, 2018.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, that:
4. The Code of the County of Roanoke is amended and re-enacted by
inserting the following Division to Article III of Chapter 21:
ARTICLE III, DIVISION 4
EXEMPTION FOR SURVIVING SPOUSES OF CERTAIN PERSONS KILLED IN THE
LINE OF DUTY
Sec. 21-90. - Title.
This article shall be known as the "Exemption for Surviving Spouses of Certain Persons
Killed in the Line of Duty”.
The purpose of this division is to provide an exemption from taxation for the qualifying
real property of spouses of any law enforcement officer, firefighter, search and rescue
personnel, or emergency medical services personnel who are killed in the line of duty.
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Sec. 21-91. – Authority for article.
This division is authorized by the Code of Virginia, Title 58.1, Chapter 32, Article 2.5,
Sections 58.1-3219.13 through 58.1-3219.16.
Sec. 21-92. - Definitions.
As used in this division, unless the context requires otherwise:
"Covered person" means any person set forth in the definition of "deceased person" in
Section 9.1-400 of the Code of Virginia whose beneficiary, as defined in Section 9.1-400
of the Code of Virginia, is entitled to receive benefits under Section 9.1-402 of the Code
of Virginia, as determined by the Comptroller prior to July 1, 2017, or as determined by
the Virginia Retirement System on and after July 1, 2017.
Sec. 21-93. - Exemption from taxes on property of surviving spouses of certain
persons killed in the line of duty.
(a) Pursuant to Article X, Section 6-B of the Constitution of Virginia, for tax years
beginning on or after January 1, 2017, the County exempts from taxation the real
property described in subsection (b) of the surviving spouse of any covered person who
occupies the real property as his principal place of residence. If the covered person's
death occurred on or prior to January 1, 2017, and the surviving spouse has a principal
residence on January 1, 2017, eligible for the exemption under this section, then the
exemption for the surviving spouse shall begin on January 1, 2017. If the covered
person's death occurs after January 1, 2017, and the surviving spouse has a principal
residence eligible for the exemption under this section on the date that such covered
person dies, then the exemption for the surviving spouse shall begin on the date that
such covered person dies. If the surviving spouse acquires the property after January 1,
2017, then the exemption shall begin on the date of acquisition, and the previous owner
may be entitled to a refund for a pro rata portion of real property taxes paid pursuant to
Section 58.1-3360 of the Code of Virginia. The County shall not be liable for any interest
on any refund due to the surviving spouse for taxes paid prior to the surviving spouse's
filing of the affidavit or written statement required by Section 58.1-3219.15 of the Code
of Virginia.
(b) Those dwellings in the County with assessed values in the most recently ended tax
year that are not in excess of the average assessed value for such year of a dwelling
situated on property that is zoned as single-family residential shall qualify for a total
exemption from real property taxes under this article. If the value of a dwelling is in
excess of the average assessed value as described in this subsection, then only that
portion of the assessed value in excess of the average assessed value shall be subject
to real property taxes, and the portion of the assessed value that is not in excess of the
average assessed value shall be exempt from real property taxes. Single-family homes,
condominiums, town homes, manufactured homes as defined in Section 46.2-100 of the
Code of Virginia whether or not the wheels and other equipment previously used for
mobility have been removed, and other types of dwellings of surviving spouses, whether
or not the land on which the single-family home, condominium, town home,
manufactured home, or other type of dwelling of a surviving spouse is located is owned
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by someone other than the surviving spouse, that (i) meet this requirement and (ii) are
occupied by such persons as their principal place of residence shall qualify for the real
property tax exemption. If the land on which the single-family home, condominium, town
home, manufactured home, or other type of dwelling is located is not owned by the
surviving spouse, then the land is not exempt. For purposes of determining whether a
dwelling, or a portion of its value, is exempt from County real property taxes, the
average assessed value shall be such average for all dwellings located within the
County that are situated on property zoned as single-family residential.
(c) The surviving spouse shall qualify for the exemption so long as the surviving spouse
does not remarry and continues to occupy the real property as his principal place of
residence. The exemption applies without any restriction on the spouse's moving to a
different principal place of residence.
(d) The County shall provide for the exemption from real property taxes of (i) the
qualifying dwelling, or that portion of the value of such dwelling and land that qualifies
for the exemption pursuant to subsection (b), and (ii) with the exception of land not
owned by the surviving spouse, the land, not exceeding one acre, upon which it is
situated. A real property improvement other than a dwelling, including the land upon
which such improvement is situated, shall also be exempt from taxation so long as the
principal use of the improvement is (a) to house or cover motor vehicles or household
goods and personal effects as classified in subdivision A 14 of Section 58.1-3503 of the
Code of Virginia and as listed in Section 58.1-3504 of the Code of Virginia and (b) for
other than a business purpose.
(e) For purposes of this exemption, real property of any surviving spouse of a covered
person includes real property (i) held by a surviving spouse as a tenant for life, (ii) held
in a revocable inter vivos trust over which the surviving spouse holds the power of
revocation, or (iii) held in an irrevocable trust under which the surviving spouse
possesses a life estate or enjoys a continuing right of use or support. Such real property
does not include any interest held under a leasehold or term of years.
(f) (1) In the event that (i) a surviving spouse is entitled to an exemption under this
section by virtue of holding the property in any of the three ways set forth in subsection
(e) and (ii) one or more other persons have an ownership interest in the property that
permits them to occupy the property, then the tax exemption for the property that
otherwise would have been provided shall be prorated by multiplying the amount of the
exemption by a fraction the numerator of which is 1 and the denominator of which
equals the total number of people having an ownership interest that permits them to
occupy the property.
(2) In the event that the principal residence is jointly owned by two or more individuals
including the surviving spouse, and no person is entitled to the exemption under this
section by virtue of holding the property in any of the three ways set forth in subsection
(e), then the exemption shall be prorated by multiplying the amount of the exemption by
a fraction the numerator of which is the percentage of ownership interest in the dwelling
held by the surviving spouse and the denominator of which is 100.
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Sec. 21-94. - Application for exemption.
(a) The surviving spouse claiming the exemption under this division shall file with the
commissioner of the revenue of the County on forms to be supplied by the County, an
affidavit or written statement (i) setting forth the surviving spouse's name, (ii) indicating
any other joint owners of the real property, (iii) certifying that the real property is
occupied as the surviving spouse's principal place of residence, and (iv) including
evidence of the determination of the Comptroller or the Virginia Retirement System
pursuant to subsection (a). The surviving spouse shall also provide documentation that
he is the surviving spouse of a covered person and of the date that the covered person
died. The surviving spouse shall be required to refile the information required by this
section only if the surviving spouse's principal place of residence changes.
(b) The surviving spouse shall promptly notify the commissioner of the revenue of any
remarriage.
Sec. 21-95. - Absence from residence.
The fact that surviving spouses who are otherwise qualified for tax exemption pursuant
to this article are residing in hospitals, nursing homes, convalescent homes, or other
facilities for physical or mental care for extended periods of time shall not be construed
to mean that the real estate for which tax exemption is sought does not continue to be
the sole dwelling of such persons during such extended periods of other residence, so
long as such real estate is not used by or leased to others for consideration.
5. That any provision of the Roanoke County Code not specifically amended
above shall remain in full force and effect as adopted.
6. That this ordinance shall become effective upon its passage and at that
time, shall be retroactive to January 1, 2017.
On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
1. Ordinance accepting the conveyance of three (3) parcels of
unimproved real estate for Fort Lewis Church Road, Catawba
Magisterial District (David Holladay, Planning Administrator)
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this item.
Mr. Holladay advised there were no changes from the first reading. There
was no discussion.
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ORDINANCE 082818-6 ACCEPTING THE CONVEYANCE OF
THREE (3) PARCELS OF UNIMPROVED REAL ESTATE FOR
FORT LEWIS CHURCH ROAD TO THE BOARD OF
SUPERVISORS, CATAWBA MAGISTERIAL DISTRICT
WHEREAS, two (2) adjacent land owners desired to donate portions of their
property in fee simple, to Roanoke County for right-of-way purposes to construct a
turnaround at the terminus of Fort Lewis Church Road; and
WHEREAS, Marie A. Hannabass, Jeno A. Jackson and Marie A. Hannabass,
and Jeno A. Jackson and Jay A. Jackson have freely and voluntarily entered into deeds
to the Board of Supervisors of the County of Roanoke, Virginia, to thus allow the Board
of Supervisors to obtain ownership of each property for purposes of road construction
upon approval of this ordinance and recordation of deeds; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests to the County of Roanoke be
accomplished by ordinance; the first reading of this ordinance was held on July 24,
2018, and the second reading and public hearing was held on August 28, 2018.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the donation from Marie A. Hannabass of approximately 0.0295 acre
of real estate for purposes of location and construction of Fort Lewis Church Road
turnaround as shown on exhibit entitled “Exhibit A” showing right-of-way being
conveyed to Board of Supervisors, Roanoke County by Marie A. Hannabass, Roanoke
County Tax Map Parcel #054.02-04-69.00 situated along Fort Lewis Church Road,
Catawba Magisterial District, Roanoke County, Virginia dated October 20, 2017, is
hereby authorized and approved.
2. That the donation from Jeno A. Jackson and Marie A. Hannabass of
approximately 0.0163 acre of real estate for purposes of location and construction of
Fort Lewis Church Road turnaround, as shown on exhibit entitled “Exhibit A” showing
right-of-way being conveyed to Board of Supervisors, Roanoke County by Jeno A.
Jackson and Marie A. Hannabass Roanoke County Tax Map Parcel #054.02-04-69.00
situated along Fort Lewis Church Road, Catawba Magisterial District, Roanoke County,
Virginia dated October 20, 2017, is hereby authorized and approved.
3. That the donation from Jeno A. Jackson and Jay A. Jackson of
approximately 0.0560 acre of real estate for purposes of location and construction of
Fort Lewis Church Road turnaround, as shown on exhibit entitled “Exhibit A” showing
right-of-way being conveyed to Board of Supervisors, Roanoke County by Jeno A.
Jackson and Jay A. Jackson Roanoke County Tax Map Parcel #054.04-07-01.00
situated along Fort Lewis Church Road, Catawba Magisterial District, Roanoke County,
Virginia dated October 20, 2017, is hereby authorized and approved.
4. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
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Roanoke County in this matter as are necessary to accomplish the donation of this real
estate, all of which shall be approved as to form by the County Attorney.
On motion of Supervisor Hooker to adopt the ordinance, seconded by Supervisor
North and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 082818-10 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM J- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for August 28,
2018, 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 10 inclusive, as follows:
1. Approval of minutes – June 12, 2018
2. Request to accept and allocate grant funds in the amount of $5,422.30 from
the U. S. Department of Justice's Bulletproof Vest Partnership
3. Request to donate surplus vehicle to the Western Virginia Emergency
Medical Services (EMS) council
4. Request to accept and appropriate grant funds in the amount of $60,000 from
the High Intensity Drug Trafficking Areas (HIDTA) Program to the Roanoke
County Police Department for the Roanoke Valley Regional Drug Unit
5. Request to accept and allocate grant funds in the amount of $95,540.64 from
the Virginia Office of Emergency Medical Services for the "Four-For-Life"
distribution
6. Resolution requesting the Virginia Department of Transportation to add Lila
Drive to the State Secondary Road System
7. Confirmation of appointment to the Chief Local Elected Officials Consortium
(CLEO) (At-Large); Economic Development Authority (EDA) (District); Social
Services Advisory Board (At-Large)
8. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Barry K. Agnew, Human Resources Consultant, upon his
retirement after eleven (11) years of service
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328
9. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to William Martin Louthian, Jr, Police Community Services
Officer, upon his retirement after seventeen (17) years of service
10. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Randall S. Spence, Battalion Chief-Operations, upon his
retirement after thirty (30) years of service
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
A-082818-10.a
A-082818-10.b
A-082818-10.c
A-082818-10.d
RESOLUTION 082818-10.e REQUESTING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO ADD LILA DRIVE TO
THE SECONDARY SYSTEM OF HIGHWAYS, HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, the Salem Residency Office of the Virginia Department of
Transportation recommends that Lila Drive be added to the secondary system of state
highways as a no cost rural addition pursuant to Section 33.2-705 and Commonwealth
Transportation Board policy, because the street meets current minimum standards, the
condition of the existing hard surface is serviceable, and the street has provided
continuous public service since its establishment in 1958; and
WHEREAS, the Salem Residency Office of the Virginia Department of
Transportation confirms that no Department funds are required to improve the street
described on the attached additions form AM-4.3 to meet current minimum design or
maintenance standards of the Department; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board of Supervisors requests the Virginia Department of
Transportation to add the street described on the attached additions form
AM-4.3 to the secondary system of state highways, pursuant to Section
33.2-705, Code of Virginia and Rural Addition Policy of the
Commonwealth Transportation Board of the Virginia Department of
Transportation
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329
2. That the Board of Supervisors guarantees a clear and unrestricted right of
way, as described on the attached form AM-4.3, and any necessary
easements for cuts, fills and drainage.
3. That the Chief Deputy Clerk to the Board forthwith send a certified copy of
this Resolution to the Resident Engineer of the Virginia Department of
Transportation.
4. That this resolution is effective immediately.
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
A-082818-10.f
RESOLUTION 082818-10.g EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO BARRY K. AGNEW, HUMAN RESOURCES CONSULTANT,
UPON HIS RETIREMENT AFTER ELEVEN (11) YEARS OF
SERVICE
WHEREAS, Mr. Agnew was employed by Roanoke County on July 17, 2007; and
WHEREAS, Mr. Agnew retired on August 1, 2018, after eleven years of devoted,
faithful and expert service to Roanoke County; and
WHEREAS, during Mr. Agnew’s tenure with the Human Resources Department,
he served as a Human Resources Consultant and served with professionalism and
dedication in providing services to the citizens of Roanoke County; and
WHEREAS, Mr. Agnew was responsible for various revisions and maintenance
to the County’s classification and compensation systems, ensuring that County
employees were rewarded as fairly and equitably as possible for their work on behalf of
the citizens, even during times of economic downturn; and
WHEREAS, during his time with the County, he assisted with implementation of
many initiatives, including a new on-line hiring system, several upgrades of the
HR/Payroll System, improvements to the records retention software, application of the
Affordable Care Act requirements to the County, and creation of the County’s wellness
clinic.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to BARRY K. AGNEW for eleven 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.
August 28, 2018
330
On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
RESOLUTION 082818-10.h EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO WILLIAM M. LOUTHIAN POLICE OFFICER, UPON HIS
RETIREMENT AFTER EIGHTEEN (18) YEARS OF SERVICE
WHEREAS, Mr. Louthian was employed by Roanoke County on September 30th,
2000; and
WHEREAS, Mr. Louthian retired on August 1st, 2018, after eighteen years of
devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Mr. Louthian’s tenure with the Police Department, he has
served as a Police Officer and as a Community Service Officer, where he served with
professionalism and dedication in providing services to the citizens of Roanoke County;
WHEREAS, Mr. Louthian was a valued employee throughout his tenure at the
Police Department. Mr. Louthian served the community with passion and
professionalism that have been recognized by his peers, supervisors, and by citizens
that he had interacted with throughout his career.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to WILLIAM M. LOUTHIAN for eighteen 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 Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
RESOLUTION 082818-10.i EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO RANDALL S. SPENCE, BATTALION CHIEF-OPERATIONS,
UPON HIS RETIREMENT AFTER THIRTY (30) YEARS OF
SERVICE
WHEREAS, Chief Spence was employed by Roanoke County on May 6, 1985;
and again on December 10, 2001; and
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331
WHEREAS, Chief Spence retired on July 1, 2018, after thirty years and six
months of devoted, faithful and expert service to Roanoke County; and
WHEREAS, during Chief Spence’s tenure with Roanoke County’s Fire and
Rescue Department he served as a Firefighter, Sergeant, Fire Lieutenant, Fire
Inspector, Deputy Fire Marshal, Fire Captain and Battalion Chief-Operations, and
served with professionalism and dedication in providing services to the citizens of
Roanoke County;
WHEREAS, Chief Spence was a certified law enforcement officer while a Deputy
Fire Marshal and was in charge of many significant arson related investigations that he
was able to close through outstanding investigative work; and
WHEREAS, Chief Spence was a trusted member of the Department’s Senior
Staff and helped chart the direction of the Department for years to come.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to RANDALL S. SPENCE for more than thirty 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 Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Mr. Dale DeWeese of 4664 Bradshaw Road in Salem, Virginia thanked the
Board for the privilege of speaking before the Board and thanked the Board for their
service to Roanoke County. First, he would like to talk about littering. If he was to
throw a piece of paper or trash out in the road, he could be cited for littering the
highways. The thing that gets to him are people who cut their grass and throw it out on
the highway and leave it. To him, that is littering and should be stopped. First of all, it is
an eyesore and very ugly to the neighborhoods that are involved. Sheriff Orange his
people do a good job of picking up the trash and stuff on the road, but he cannot pick up
grass clippings. Second, it is dangerous to the motorist, motorcycles and to bikes
because the grass is slick and if there is any moisture, you can slide right out. In his
neighborhood recently, the whole highway was covered with grass right in a curve and it
could have caused a very bad accident. Third, the runoff could be involved in our
waterways, into the river and that should be stopped. There was a speaker at our civic
club meeting several months ago talking about these pollutants that can endanger our
waterways. The City of Covington just recently passed an ordinance preventing people
from leaving grass clippings in the highway. They get a warning the first time and the
August 28, 2018
332
second time they can be cited. He is asking Roanoke County to look into it and see if
they could pass such an ordinance preventing this. It could also be dangerous to
someone mowing if they pick up a rock. Thank you for your attention today.
IN RE: REPORTS
Supervisor Peters moved to receive and file the following reports. The
motion was seconded by Supervisor McNamara and carried by the following recorded
vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
3. Comparative Statement of Budgeted and Actual Revenues as of July
31, 2018
4. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of July 31, 2018
5. Accounts Paid – July 31, 2018
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
th
Supervisor North stated he had just a couple of comments. On July 26,
he was an observer at one of the Roanoke County Police Department Active Shooter
training school. It was a most professional example of proactive training and
preparedness. Our Roanoke County Police Department is without a doubt, tops in his
mind. On another note, a shout-out to all fall sports in the County high schools and
middle schools: cross country, football, volleyball, cheerleading, and the bands. He
wishes each and every member and schools a safe and successful season. Lastly, but
not least, where it all begins is with our recreational sports clubs and facilities. Thanks
to Parks and Recreation for preparing the fields for all of the youth that participate and
hopes each and every one of you have a safe and enjoyable fall sport season.
Supervisor McNamara stated he just had a couple things. First, thank you
Mr. DeWeese for his comments. He knows that is a topic of the newsletters that come
out from our Community Development organization; primarily from protecting our
streams standpoint and thought it may have been against the law, but it is definitely
something that is on the radar screen. He knows our commercial landscapers all take
great care to make sure the clippings are returned to the grass areas rather than
impervious service that you referred to. Thank you for those comments. The meeting
went fairly quickly today, we still have some work sessions, but something that slipped
by that he did want to point out is that the Board took action today basically eliminated
August 28, 2018
333
real estate taxes for surviving spouses of people killed in the line of duty; police, fire,
military. He thinks it is just a small token of our Board’s appreciation for the people that
serve us every day; police, emergency services, etc. They really do a fabulous job for
all of us. When an unfortunate event like a tragedy does happen, the least we can do is
provide some tax relief for the surviving spouses. It is very meaningful. It continues a
tradition that this Board has followed; this Board has lowered taxes 4 out of the last 5
budgets and he is very proud of fellow Board members for that. This is just another
example. There are certain things that we can and cannot do as a local Board, but if
the Commonwealth of Virginia gives us an opportunity to lower a tax, we generally take
it. This is a great example.
Supervisor Peters stated he wanted to wish everybody a happy and safe
Labor Day weekend as we bring our summer to a close. Schools is already back in
session; hopes everybody has a safe holiday coming up.
Supervisor Hooker stated she had a couple of comments. First, she
wanted to give a shout-out to the Regional Center Animal Care and Protection. Her
family adopted a dog about two weeks ago from the Regional Center and the people
there were very professional, caring and if anyone is interested in getting a dog or a cat,
her family would highly recommend the Regional Center. The employees were very
helpful in the adoption of their little boxer mix puppy. Next, she had the honor or going
to the Veterans Administration Care Center last Saturday and served lunch to the
veterans there with the Ruritan Group from Catawba and Botetourt. The Ruritans do a
lot of good things; a lot of things she is proud of and this is one of the things she
considers great that they do in serving those that have sacrificed for the freedom that
we enjoy every day. The third thing is to recognize the Catawba’s Farmers Market.
They had a really great guest recently, the Secretary of Agriculture and Forestry, Bettina
Ring. Secretary Ring was there and presented the market manager, Ann Harold, with a
proclamation from the Governor. So, it was really a great day at the Farmer’s Market a
couple of week ago. The Catawba Farmer’s Market continues to serve that community
well and she wanted to make sure they were noted for all the good things they do.
At 3:53 p.m. Chairman Hooker recessed to work session and closed
session.
IN RE: WORK SESSION
1. Work session to update the Board of Supervisors on the strategic
direction of Economic Development in the County of Roanoke (Jill
Loope, Director of Economic Development)
August 28, 2018
334
In attendance with Ms. Loope were Beth Doughty, Executive Director,
Roanoke Regional Partnership; John Hull, Director of Market Intelligence, Roanoke
Regional Partnership and Landon Howard, President, Visit Virginia’s Blue Ridge. A
PowerPoint presentation was given; a copy of which is on file in the office of the Clerk to
the Board.
Supervisor North inquired about the Amtrak magazine advertising and
television ads in other localities. Mr. Howard responded in the affirmative and stated
bloggers are doing most of the advertising.
Supervisor Hooker stated as we advance forward, she sees more and
more regional and perceives that is going to be the continued direction for a while.
Supervisor Peters commented he was very impressed with both
organizations. Looking forward to what will take place in the future.
Supervisor North commented it is challenging to keep and attract young
people to this area. What is the one thing that comes to mind to stimulate growth and
population or is there one thing? Ms. Doughty responded there is no silver bullet, we
need “bus loads” of people. Mr. Howard responded an indoor sports complex built. The
other thing is that we must have an integrated approach when it comes to our
healthcare marketing. Ms. Doughty added that along with the bus load of people, we
have to have what she calls “stickiness” or the ability to make the connection and the
ties that people make in their community. One of the ways that you do that is by
creating public spaces and opportunities for people to interact and she feels that is
really important and we need to continue to invest in the “livability” aspect that will make
people stick to the region. It may be something like development of the river, an
opportunity to have more greenways and sidewalks.
Supervisor Assaid inquired how do you fund an indoor sports complex; we
have an aging community that are probably not going to be the users of that. It is kind
of hard to put the investment on the backs of the taxpayers of Roanoke County, as you
have clearly shown, we are aging and retiring. So, how do you do it without putting the
burden on the tax payers? Mr. Howard responded it needed to be an integrated
approach and do so in a way that solves multiply problems. Higher education
institutions might be willing to be a partner in that and a combined effort from all the
jurisdictions.
Supervisor North commented he feels the key is joint, regional efforts.
Supervisor Assaid stated he agreed, but we need to look at the wants or
needs and define what those needs are because we do not have an infinite amount of
money. Maybe we should be looking at workforce development, because what good
will it do if we do not have the younger people here. It is not the chicken or the egg, it is
the cart or the horse in this case. He added that this is a very good presentation that
the School Board needs to hear, because there is a lot of reality.
August 28, 2018
335
Supervisor Hooker Martha what do we need other than our natural assets
like Explore Park. Ms. Doughty responded our natural assets are really great and they
have us a head start and the foundation of a community. In order to move forward you
have to be constantly developing. Explore Park is critical to that kind of asset that
people will remember and will make an impression.
Supervisor Assaid added don’t we need to have jobs. Ms. Doughty
advised jobs follow people. When you have the people to demonstrate your workforce,
job will follow. Supervisor Assaid commented we need to be tapping into the colleges,
with Ms. Doughty responding in the affirmation. They have a person focusing on that. It
will be slow, but we have to start if you want results.
Supervisor Hooker stated Roanoke College, Hollins, Virginia Tech and
even Virginia Western students need to be convinced to stay. Ms. Doughty advised
Pete goes to the Med School every year and speaks to the incoming class and talks to
them about the outdoor assets, i.e. Appalachian Trail, Smith Mountain Lake and the
Roanoke River and talks to them about what they can do.
Supervisor Hooker asked how big and indoor arena and to cover what.
She is thinking of the Cregger Center at Roanoke College. Mr. Howard advised it has
been very effective for us when they have it available to book NCAA events, etc. The
market it there, we are about to spend $1.2 million in advertising for 2019 and our
messaging has to be hip and cool.
Supervisor North commented on the article in the editorial page yesterday
in the Roanoke Times. It seems to expand what we are doing here locally with the
Western Regional cooperation and suggests partnership with other counties in the
State. Ms. Doughty agreed and Mr. Howard commented they have to want to play. Ms.
Doughty added the “Go Virginia” campaign is working toward that.
Work session was held from 4:12 pm until 5:15 pm.
2. Work session to update the Board of Supervisors on proposed
amendments to the Erosion and Sediment Control Ordinance to
provide a stream buffer (Tarek Moneir, Acting Director of
Development Services)
In attendance with Mr. Moneir was David Henderson, County Engineer,
reviewed the PowerPoint presentation included in the Board agenda.
Supervisor McNamara asked if this is a requirement from the Department
of Environmental Quality (DEQ) with Mr. Henderson responding in the negative adding
the State leaves it up to the locality.
These changes would require amending Chapter 8.1 – Erosion and
Sediment Control of the Roanoke County Code and staff will work with the
homebuilders to accomplish.
August 28, 2018
336
Supervisor Assaid stated there is a section in the ordinance stating,
platted, undeveloped parcels, with Mr. Henderson responding they are currently working
on language because staff feels there needs to be provisions to address it. The
language currently says that if the platted lot size is ½ acre or smaller would be exempt.
If it was a ½ acre or larger, then it would follow this requirement unless they can show
there is a substantial development cost to develop it. Supervisor Assaid stated the
assumption that an undeveloped parcel differs from a developed parcel or that the
developed parcel may not be fully developed, because somebody may want to put a
storage unit, etc. on their property and now they are going to end up having a burden of
an easement. Mr. Henderson explained this is not an easement, there is no easement.
This is actually an undisturbed area as part of the erosion and sediment control permit.
Once that permit is closed, the restriction is done. One of the items, staff talked about,
would be if you were a homeowner and they develop it and they pull back 25 feet and
you buy the property. You as the homeowner would have the right to go in and cut the
vegetation down. Our largest concern is during the initial development, fill is getting
pushed right up to the banks. Supervisor Assaid asked for an example. Mr. Moneir
stated you could look at Garst Mill.
Supervisor Assaid stated another issue that is not really related to this, he
is sure they will come back with a steep slope ordinance with Mr. Moneir advising in the
affirmative, stating that would be next. Staff is working with the homebuilders
association. Supervisor Assaid stated he would reach out to the civil engineers that he
knows and see if there are any issues. He does not feel there would be since it goes
away.
Supervisor North asked regarding the blue area on the map, is there a
ballpark number of the existing “Pebble Creek” type situations do you have acreage
wise. Is it a large amount, etc? Mr. Henderson advised a lot of the areas along streams
are already developed because they were flat, but as we push further in the mountains
along the streams.
The work session was held from 5:20 p.m. until 5:38 p.m.
IN RE: CLOSED MEETING
At 3:52 p.m., Supervisor Peters moved to go into closed meeting following
the work sessions pursuant to the Code of Virginia Section 2.2-3711 A 8, Consultation
with legal counsel employed or retained by a public body regarding specific legal
matters requiring the provision of legal advice by such counsel, namely the Vinton
Gainsharing Agreement. The motion carried by the following recorded vote:
August 28, 2018
337
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
The closed session was held from 5:43 p.m. until 5:15 p.m.
IN RE: CERTIFICATION RESOLUTION
At 5:16 p.m., Supervisor Hooker moved to return to open session and to
adopt the certification resolution.
RESOLUTION 082818-11 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 Peters to adopt the resolution, seconded by Supervisor
McNamara and carried by the following roll call and recorded vote:
AYES: Supervisors Assaid, North, McNamara, Peters, Hooker
NAYS: None
338 August 28, 2018
IN RE: ADJOURNMENT
Chairman Hooker adjourned the meeting at 6:44 p.m.
0 Submitted by: Approved by:
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Martha B. Hooker
Chief Depu 'Perk to the Board Chairman