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12/4/2001 - Regular December 4, 2001 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 December 4, 2001 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the first Tuesday and the first regularly scheduled meeting of the month of December, 2001. IN RE:CALL TO ORDER Chairman Minnix called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice-Chairman Joseph “Butch” Church, Supervisors Bob L. Johnson, Joseph McNamara, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant County Administrator; Dan R. O’Donnell, Assistant County Administrator;Kathi B. Scearce, Community Relations Director IN RE:OPENING CEREMONIES The invocation was given by Gardner W. Smith, Director, Purchasing Department. The Pledge of Allegiance was recited by all present. IN RE:REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS December 4, 2001 Mr. Hodge advised he may add two items after the closed meeting. IN RE:PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1.ResolutionofCongratulationstoCoxCommunications,Inc.on th its25AnniversaryintheRoanokeValley. R-120401-1 Present to accept the resolution were Catherine McCullough, Vice President and General Manager of Cox Communications and other Cox staff. Supervisor Nickens moved to adopt the resolution. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None RESOLUTION120401-1 OF CONGRATULATIONS TO COX TH COMMUNICATIONS, INC. UPON THEIR 25ANNIVERSARYIN THE ROANOKE VALLEY WHEREAS, Cox Communication, Inc, the nation’s fifth largest cable television company, is a Fortune 500 company, operating cable systems to approximately 6.2 million customers in 23 states; and WHEREAS, Cox Communications Roanoke, located in the County of Roanoke, has been providing service in the Roanoke area for 25 years, beginning on November 4, 1976; and WHEREAS, Cox Communications serves 58,000 customers in Roanoke County, Roanoke City and the Town of Vinton, boasts 1,049 cable miles and 141 fiber miles providing analog and digital video service, high speed internet service,CableRep advertising and Cox Business Service; and WHEREAS, Cox has over 165 employees, an annual payroll in excess of $6.7 million, and was recently awarded the National Cable Television Association Customer Service Seal for each of the 11 years it has been available; and WHEREAS,Cox has emphasized active community involvement through its support of Junior Achievement, “Partners for Success” with County and City schools, West End Center for Youth, Roanoke Symphony, and has given back over $1 million in funding and promotional support to area charitable organizations and civic groups. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of December 4, 2001 Roanoke County, Virginia, extends its sincere congratulations to Cox Communications, th Inc. on its 25 anniversary in the Roanoke Valley; and FURTHER, the Board of Supervisors expresses its appreciation to Cox for being an outstanding corporate citizen and providing employment to many residents in the Roanoke Valley. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None IN RE:BRIEFINGS 1.BriefingontheNationalSoftballAssociationGirlsFastPitch SoftballClassBWorldSeriestobeheldintheRoanokeValley onJuly13-20,2002.(PeteHaislip,DirectorofParks,Recreation andTourism) Mr. Haislip advised that hewas pleased to report that Roanoke County is part of a partnership with the Citiesof Salem and Roanoke which will host the 2002 N.S.A. Girls Fast Pitch Class B World Series. This event, scheduled for July 14-20, 2002, is probably the largest single sporting event in the history of the Roanoke Valley and will bring millions of dollars of economic activity to the Valley. Mr. Haislip reported that it is anticipated that 300 teams from the eastern United States will be participating, requiring a minimum of 3,000 hotel rooms per night, for the first four days of the tournament alone. It is also projected that this tournament will book in excess of 12,000 hotel room nights. Valley restaurants,gas stations, grocery stores, shopping centers, and cultural attractions will receive a tremendous boost from the event. Also present were Charlie Hammersley, City of Salem and Vic Garber, City of Roanoke who arealso involved in planning the event. The Board members expressed appreciation to the three localities and their regional approach to the event. December 4, 2001 2.PresentationofRoanokeCountyDepartmentalAnnualReport forfiscalyear2000-2001.(DanO’Donnell,AssistantCounty Administrator) Mr. O’Donnell reported that the annual report is a summary of activities and accomplishments of each departmentduring the past fiscal year. The purpose of the report is to provide increased accountabilityby documenting achievements of departmental goals set during the budget process. The report anticipates future Governmental Accounting Standards Board requirements for documented outcomes of local government programs. Mr. O’Donnell explained that although documentation of this type of information is still optional under GASB requirements,it is anticipated that outputs and outcomes of local budgets will soon be required in order for us to continue to obtain the outstanding budget awards we have enjoyed receiving in the past. Mr. O’Donnell highlighted some of the statistical information from the report including the Fire and Rescue Department, Police Department, Economic Development Department and the UtilityDepartment. IN RE:NEW BUSINESS 1.RequesttoadoptaresolutionofsupportfortheRoanoke CountyCommunitySchoolPreventionCouncil.(Dan O’Donnell,AssistantCountyAdministrator) R-120401-2 Mr. O’Donnell reported that the Roanoke County Community School Prevention Council (CSPC) was formed in 2000 as a mechanism to address the social, mentaland health needs of Roanoke County’s youth and their families. The Council December 4, 2001 consists of representativesfrom schools, social services agencies, police, court services, public health, County Administration, parents and students. To date the CSPC has secured grant funds totaling $359,310 to implement a new substance abuse preventionstrategy within Roanoke County. The mission statement of the Community / School Prevention Council is to foster the healthy development of Roanoke County Youth through: (1) Raising community awareness of and addressing the social, mental, and health needs of its youth; (2) Implementing programs that foster responsible parenting skills; (3) Providing avenues for positive character development for youth; (4) Comprehensively and efficiently collaborating with Roanoke Valley agencies; (5) Preventingsubstance abuse in our community; and (6) Advocating inter-agency collaboration in establishinga comprehensive prevention strategy. Mr. O’Donnell reported that the grant funding will not pass through the County’s budget and Blue Ridge Behavioral Health Care has agreed to act as fiscal agent. Mr. O’Donnell introducedJo Anne Burkholder, Student Assistance Program Coordinator, Janet Shaner and John Pendarvis who described the program in more detail. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None RESOLUTION120401-2 IN SUPPORT OF THE ROANOKE COUNTY COMMUNITY SCHOOL PREVENTION COUNCIL IN ITS EFFORTS TO PROVIDE SUBSTANCE ABUSE PREVENTION PROGRAMS TO THE YOUTH OF ROANOKE COUNTY December 4, 2001 WHEREAS, A survey performed by the Tri-Ethnic Center for Prevention and Research in 2000 indicated the following statistics in Roanoke County: 1 in 4 six graders have used alcohol th 9 in 10 12 graders have used alcohol th 40% of 10 graders have used marijuana th 54% of 12 graders have used marijuana th 23% of 12 graders have taken a hallucinogen; and WHEREAS, all of the above statistics exceed the national average;and WHEREAS, The Community School Prevention Council serves as a cooperative and collaborative effort of schools, county government, non-profit agencies, parents and students to address the social, mental and health needs Roanoke County’s youth and families; and WHEREAS, The Community School Prevention Council has formulated a comprehensive prevention plan to address the serious problem of substance abuse; WHEREAS, the Community School Prevention Council has secured $359,310 in grant funding to implement this plan to address the issue of substance abuse among Roanoke County’s youth and their families. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisorsof Roanoke County hereby endorses and supports the efforts of the Roanoke County Community School Prevention Council to address the social, mental and health needs of Roanoke County’s youth and their families. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 2.RequesttoenterintoarecyclingagreementwiththeRescue Missionandotherhumanserviceagencies.(ElmerC.Hodge, CountyAdministrator) A-120401-3 Mr. Hodge advised that some non-profit organizations such as the Roanoke Rescue Mission provide valuable recycling services to the community through the acceptance of donations of used household items such as clothing, furniture and other items, which are then either reused or sent out of the area for recycling. This relieves the local governments of the expense of picking them up and taking them to the landfill. Anything left is then disposed of through the Resource Authorityat the regular December 4, 2001 commercial rate of $55/ton. The Rescue Mission has asked for assistance with reducing the cost of disposing of the remaining items. The Rescue Mission is currently bringing approximately 242 tons of unusable waste to the Resource Authority each year. Staff discussions with the Rescue Mission indicate that this is a 50% recycling effort, thereby diverting another 242 tons from our landfill. The Resource Authority Board of Directors agreed in principal to support this request, and asked Roanoke County to provide the administrative assistance for the program. Qualifying agencies will take leftover materials to the Transfer Station, and the County will then be billed at the government rate for the tonnage. The County will, in turn, bill the agency at that rate, thus saving the agency $13/ton at the current rates. This will reducethe income to the Resource Authority, but it is not anticipated to be a significantamount. Mr. Hodge advised that the County staff would like toimplement this program, and establish criteria for participation by other similar organizations. These criteria would include the following: (1) The agency would provide a service that diverted and recycled residential waste. (2) The agency would have a way to collect the donations, thus avoiding collection by the County refuse department; and (3) There would be a sufficient volume of tonnage diverted from the waste stream to make the contract feasible. In response to an inquiry from Supervisor McNamara, General Services Director Anne Marie Green advised that the John Hubbard, CEO of the Resource Authority provided the tonnage figures from a local hauler. Supervisor McNamara emphasized caution because of possible abuse and suggestedthat this be reevaluated December 4, 2001 in a year. Mr. Hodge advised that it was difficult to determine what the tonnage will be but they should be able to divert about 50 tons per year. Supervisor Nickens moved to authorize the agreement with the amendment that the Board will review and evaluate the agreement in January 2003. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None IN RE:FIRST READING OF ORDINANCES 1.Firstreadingofordinanceauthorizingacquisitionofproperty alongtheWestRoanokeRiverandappropriationof$186,876 grantforfloodmitigationassistance.(GeorgeSimpson, AssistantCommunityDevelopmentDirector) Mr.Simpson advised that as a result of the Roanoke Valley Regional Stormwater Management Plan, and the Federal Emergency Management Agency (FEMA) list of repetitiveflood loss properties, four homes selected for acquisition were based on severity of flooding and flooding depths. This area is identified in the Regional Stormwater Management Plan for acquisition based on severity of flooding. The four homes selected were based on a ranking within the floodway and the flooding depths. The grant is awarded by FEMA and is administered by the Commonwealth of Virginia Department of Emergency Management. Supervisor Johnsoncommended Mr. Simpson for his work on this project. December 4, 2001 Supervisor Church moved to approve the first reading and set the second reading for December 18, 2001. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 2.Firstreadingofordinanceauthorizingthedonationofan easementtoCoxCommunicationforCableTVandinternet serviceintheBentMountainarea.(AnneMarieGreen, GeneralServicesDirector) Ms. Green reported that Cox Communications is extending cable and internet service to homes in the Bent Mountain area. In order to make this extension, Cox requires space for a ground mount power supply in the vicinity. Based on Cox’s research in the area, the best place for the power supply is at the intersection of Bent Mountain and Slings Gap Roads, on County property at the Bent Mountain Fire Station. This new service for the Bent Mountain area will allowthe Bent Mountain Fire Station and the Bent Mountain School to have cable television and cable modem internet access for the first time. The easement area needed for the power supply is 10 feet x 10 feet and will notimpede Fire and Rescue operations at the Station. Cox is requesting that the County donate this easement to the company so that the service to the citizens of Bent Mountain can be improved. Ms. Green advised that there is no fiscal impact to the County, and both the Fire Station and Elementary School will receive free cable hookups, as per the terms of our franchise agreement with Cox Communications. December 4, 2001 Supervisor McNamara moved to approve the first reading and set the second reading for December 18, 2001. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None IN RE:SECOND READING OF ORDINANCES 1.Secondreadingofordinanceauthorizingtheconveyanceof approximately30acresofCounty-ownedpropertylocatedat theCenterofResearchandTechnologytotheIndustrial DevelopmentAuthority.(DouglasChittum,Economic DevelopmentDirector) O-120401-4 Mr. Chittum advised that Roanoke County typically utilizes the powers and services of the Industrial Development Authority to assist with Economic Development projects. Roanoke County Economic Development is currently negotiating with a prospective industry that proposes to construct a new facilityin the Center for Research and Technology. To facilitate the orderly transfer of property from the County to the prospect, it is necessary to first convey the property from the County to the IDA. He reported that staff will be discussing the performance agreement later in the meeting. Supervisor Church commended Mr. Chittum and his staff for recruiting Novozymes and he looked forward to a long relationship with the company. December 4, 2001 Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None ORDINANCE120401-4 AUTHORIZING THE CONVEYANCE OF 33.7 ACRES OF REAL PROPERTY LOCATED IN THE ROANOKE COUNTY CENTER FORRESEARCH AND TECHNOLOGY TO THE ROANOKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, Roanoke County and the Roanoke County Industrial Development Authority desire to promote and encourage the economic development of Roanoke County and the Roanoke Valley by the recruitment of newindustryfor the Roanoke Valley, in order to provide for increased employment and corporate investment in the County; and WHEREAS, Roanoke County has identified and developedThe Center for Research and Technology as a strategic location for a 457-acre business park,to promote and encourage economic development in the County of Roanoke; and WHEREAS, in order to serve the public interest and to facilitate the orderly transfer of real propertyto a prospective industry interested in locating at the Roanoke County Center for Research and Technology, it is necessary to convey certain real property fromRoanoke County to the Roanoke County Industrial Development Authority. WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate shall be accomplished by ordinance; the first reading of this ordinance was held on November 13, 2001, and the second reading was held on December 4, 2001. NOW, THEREFORE, BEIT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1.That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus, and is hereby made available to the Roanoke County Industrial Development Authority for other public uses, namely, economic development. 2.That the public notice regarding the public hearing for the conveyance of this real property was advertisedin the Roanoke Times & World News on December 2, 2001; and 3.That the County Administrator, or any Assistant County Administrator, is authorized to execute such documents and take such actions as are necessary to accomplish the conveyance of 33.7 acres of real property to the Roanoke County Industrial Development Authority, further described as Lot7 containing 10.2 acres, Lot 8 containing 10.2 acres, and Lot 9 containing 13.3 acres as shown on a map prepared by McKinney and Company, dated 3 November 2000, all of which shall be upon form approved by the County Attorney. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: December 4, 2001 AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None INRE:APPOINTMENTS 1.IndustrialDevelopmentAuthority Supervisor Minnix nominated Allen Robinson and asked that his nomination be confirmed on the Consent Agenda. 2.RoanokeValleyResourceAuthority Supervisor Churchnominated Suzie Synder and asked that her nomination be confirmed on the Consent Agenda. Supervisor Nickens nominated Douglas Anderson and asked that his nomination be confirmed on the Consent Agenda. 3.RoanokeCountySchoolBlueRibbonCommittee Supervisor McNamara nominated Barbara Bushnell as an at-large member and asked Clerk Mary Allen to contact her. IN RE:CONSENT AGENDA R-120401-5;R-120401-5.e Supervisor Minnix moved to adopt the Consent Resolution with Item 7 removed for a separate vote. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None Supervisor Nickens moved to approve Item 7. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix December 4, 2001 NAYS:None ABSTAIN:Supervisor Johnson RESOLUTION120401-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of RoanokeCounty, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for December 4, 2001, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: 1.Confirmation of Committee appointmentsto the Industrial Development Authority,the Roanoke Valley Resource Authority and ratification of at-large appointment to the Blue Ridge Behavioral Healthcare Board of Directors. 2.Appropriation of $50,000 Virginia Department of Conservation and Recreation and Land and Water Conservation grant for the North Roanoke Park. 3.Approval to accept and appropriate $1,000 donation from the Salem Jaycees for the Police Youth Camp. 4.Approval of Procedures for the preservation of the Board of Supervisors records and providing information to the Board of Supervisors, the public and the staff. 5.Acceptance of Split Rail Lane into the Virginia Department of Transportation Secondary System. 6.Acceptance of$8,000 grant from the Department of Motor Vehicles for targeted patrols of impaired drivers. 7.Acceptance of donation of sanitary sewer easement across property of Old Heritage Corporation in the CaveSpring Magisterial District. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnix to adopt the Consent Resolution with Item 7 removed for a separate vote, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None December 4, 2001 On motion of Supervisor Nickens to approve Item 7 on the Consent Resolution, and carried by the following recorded vote: AYES:Supervisors McNamara, Church, Nickens, Minnix NAYS:None ABSTAIN:Supervisor Johnson RESOLUTION120401-5.e REQUESTING ACCEPTANCE OF SPLIT RAIL LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attachedAdditions Form SR- 5(a), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the SubdivisionStreetRequirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department'sSubdivisionStreetRequirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of thisresolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote Moved By: SupervisorMinnix Seconded By: NoneRequired Yeas: SupervisorsJohnson,McNamara,Church,Nickens,Minnix Nays: None Absent: None INRE:REQUESTSFORWORKSESSIONS 1.RequestforWorkSessiononDebtandRevenueProjections onDecember18,2001.(DianeHyatt,ChiefFinancialOfficer) A work session was scheduled for December 18, 2001. December 4, 2001 Supervisor Johnson suggested looking at a refinancing schedule because of the lower interest rates. IN RE:REPORTS SupervisorJohnsonmoved to receive and file the following reports. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 1.GeneralFundUnappropriatedBalance 2.CapitalFundUnappropriatedBalance 3.BoardContingencyFund 4.FutureSchoolCapitalReserve 5.AccountsPaid-October2001 6.UpdateonEMSbillingandstaffingsinceNovember1,2001. 7.AcceptanceofroadsintotheVirginiaDepartmentof TransportationSecondarySysteminOctober2001. 8.ReportonCleanValleyCouncilactivitiesinNovember IN RE:REPORTS AND INQUIRIES OF BOARD MEMBERS SupervisorJohnson: (1) He noted that everyone is dealing with the day- to-day affects of the recession and stock market, but fortunately, the Roanoke Valley does not suffer the highs and lows of other localities. (2) He expressed concern about the billion dollar state deficit due to the car tax and challenged the Board to minimize December 4, 2001 the impact on the County as much as possible and to stand up to the legislators at the January meeting. SupervisorChurch: (1) He congratulated the Glenvar Lady Highlanders for winning the state championship and the Northside LadyVikings for coming within 3 points of winning the state championship. (2) He advised that he recently lost a close friend and it makes one stop and think and be thankful for what we have. He encouraged people to take the time to let people know you care about them. SupervisorNickens: He advised he was pleased to visit and greet the new firefirghters and paramedics at the Mount Pleasant station which gives this sector greater fire and rescue coverage. (2) He announced that he now has his first granddaughter born several week ago. (3) He advised that he also attended the funeral of two older friends. th IN RE:WORK SESSIONS (4 Floor Conference Room) 1.DiscussiononRoanokeCounty’sLegislativeProgramforthe 2002GeneralAssemblysession.(PaulMahoney,County Attorney) The work session was held from 7:31 p.m. until 7:50 p.m. Supervisor Johnson left at 7:32 p.m. Mr. Mahoney reported that several Board members raised concerns about items that they would like to have deleted from the resolution. Supervisors McNamara, Church andNickens requested deletion of the request that elected school boards be granted the authority and responsibility for taxation. The Board also agreed to eliminate requests relating to Explore Park, December 4, 2001 increasingthe tire tax and authorizingits use to remediate illegal or abandoned waste tire dumps, and support for an additional one-half percent local option sales tax. The revised resolution will be brought back on the Consent Agenda on December 18, 2001. 2.WorkSessionontheRoanokeValleySPCAcontract.(John Chambliss,AssistantCountyAdministrator) The work session was held from 4:55 p.m. until 5:40 p.m. Mr. Chambliss described the details of the proposed contract which would include the City of Roanoke, the Counties of Roanoke and Botetourt and the Town of Vinton. Supervisor McNamara asked why the new facility needed to be so much larger than the old one and why the localities didn’t own the facility at the end of the loan instead of the SPCA. Supervisor Minnix expressed concern that so many animals are not being spayed or neutered. Dr. Bridget Quatmann, veterinarian with the Roanoke Animal Hospital, explained that the pound will not be offering the animals for adoption, that will be handled by the SPCA, and that the facility will include spaying and neutering through area agencies. The pound will be used by Animal Control officers and the SPCA will be the adoption facility. The total costof the impoundment facility is estimated at $3.5 million and the operating cost for the first year is estimated at $478,618 and will be shared by the participating localities. December 4, 2001 The Board members expressed concern about the increased cost from the current $35,000 per year but It was their consensus to take action to approve the contract. IN RE:CLOSED MEETING At4:45 p.m., Supervisor Minnix moved to go into Closed Meeting pursuant to Code of Virginia Section 2.2-3711 A (7) consultation with legal counsel and briefing by staff regarding a specific legal matter, namely the Novozymes Performance Agreement; 2.2-3711A (3) discussion of the acquisition of real property for public purposes, namely, Indian Grave Road; 2.2-3711A (20) discussion of plans to protect public safety as it relates to terrorist activity. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None IN RE:CLOSED MEETING The Closed Meeting was held from 5:40 p.m. until 7:15 p.m. IN RE:CERTIFICATION RESOLUTION R-120401-6 Supervisor Johnson moved to return to open session at 7:16 p.m.and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None December 4, 2001 RESOLUTION120401-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of 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 members 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 Boardof Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None IN RE:NEW BUSINESS 1.Requesttoappropriatefundsforfacilitiessecurityupgrades. (DanO’Donnell,AssistantCountyAdministrator) A-120401-7 Mr. O’Donnell advised that staff is requesting an appropriation of $60,000 from the Capital Fund Unappropriated Balance for security upgrades. The details of the security upgrades were discussed in Closed Meeting. Supervisor Johnson moved to appropriate $60,000from the Capital Unappropriated Fund. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None December 4, 2001 2.ApprovaltoenterintoacontractwiththeRoanokeValley SPCAforparticipationinaRegionalAnimalImpoundment Facility.(JohnM.Chambliss,AssistantCounty Administrator) A-120401-8 This item was discussed during Work Session. Supervisor Johnson moved to enter into a contract with the Roanoke Valley SPCA. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 3.RequestforauthorizationtoenterintoaPerformance AgreementwithNovozymes.(ElmerC.Hodge,County Administrator) A-120401-9 Mr. Hodge reported that this agreement outlines the terms and conditions by which Novozymes will acquire the thirty acre site, and Roanoke County and the IDA will construct infrastructure improvements to accommodate their development. These items include construction of a new access road, water and sewer extensions and connections, and storm water management considerations. $420,574 will be spent on the extension on the roadway and water and sewer lines to the site, and the related connection fees. Additional funds are already appropriated in the CRT Account that will be used for overall infrastructure improvements for the park. These improvements include electric power and gas line extensions and stormwater detention. December 4, 2001 Mr. Hodge reported that the project will be completed in three phases. Phase I includes construction of the administration, researchand development facility on the property. Phase II will be the construction of manufacturing space and phase III will full develop the property. SupervisorJohnson asked if there are any deed restrictionsand if they will prevent Novozymes from developing anthrax or other such biomedical activities. Mr. Mahoney responded that there were restriction and he will check whether they include hazardous activities. Mr. Hodge requested authorization to execute a Performance Agreement between Roanoke County, the Industrial Development Authority of Roanoke County and Novozymes Biologicals, Inc., allowing for Novozymes expansion in the Center for Research and Technology, and appropriate $220,574 from the Public Private Partnership Account to the IDA/Novozymes Account to be used for water and sewer connection fees. Supervisor Church moved to approve performance agreement and appropriate $220,574 from the public privatepartnership account. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None 4.RequestforinfrastructureimprovementsonRoute220,at ClearbrookElementarySchoolandtheClearbrookFire Station.(ElmerC.Hodge,CountyAdministrator) A-120401-10 December 4, 2001 Mr. Hodge advised that the Department of Motor Vehicles is currently evaluating sites for two new locations, one in the north County area and one in the south County area. The south County site they prefer is in the Clearbrook area across from Clearbrook Elementary School. In order to make the site accessible, there are certain road infrastructure improvements that need to be made which will also improve safety at the Clearbrook Elementary School and Clearbrook fire station. The estimated cost of $900,000 can be shared with the DMV developers, the Evangel Foursquare Church and the County. The improvements include: (1) widening of Indian Grave Road; (2) a stoplight at the intersection of Indian Grave Road and Route 220; (3) addition of turn lanes on Route 220 and a new road into the DMV site. Mr. Hodge recommended appropriating up to $300,000 from the General Fund Unappropriated Balance for the County’s share of the improvements. Supervisor McNamara asked why the recommendation was to use funds from the General Fund instead of the Capital Fund. Mr. Hodge responded that he considered this an economic development project. SupervisorJohnson advised he would abstain because people from his firm are involved in the transaction. Supervisor Minnix moved to appropriate up to $300,000 from the Capital Unappropriated Fund instead of the General Fund Unappropriated Balance. The motion carried by the following recorded vote. AYES:Supervisors McNamara, Church, Nickens, Minnix NAYS:None ABSTAIN:Supervisor Johnson IN RE:ADJOURNMENT December 4, 2001 Supervisor Church moved to adjourn at 7:50 p.m. The motion carried by the following recorded vote: AYES:Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS:None Submitted by,Approved by, __________________________________ Mary H. Allen, CMCH. Odell Minnix Clerk to the BoardChairman December 4, 2001 Thispageleftintentionallyblank