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HomeMy WebLinkAbout9/14/1999 - Regular ~ September 14,1999 547 - Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 14, 1999 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of September, 1999. IN RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Supervisors Fenton F. "Spike" Harrison, H. Odell "Fuzzy" Minnix, Joseph P. McNamara MEMBERS ABSENT: Vice Chairman Harry C. Nickens, (arrived 3:09 p.m.) STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Marv H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by Assistant County Administrator John M. Chambliss, Jr. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF 548 September 14,1999 - Al.:õ~NUA II ~M:S Mr. Hodge added item Q-1, A request from the School Board for an increase in design fee for Sheretz, Franklin, Crawford, Shaffner (SFCS). (This item was not heard and removed from the agenda following a work session) IN RE: BRIEFINGS 1." Report on the 1999 Commonwealth Games of Virginia and presentation of plaaue to the County of Roanoke. (Peter Lampman. President. Virainia Amateur Sports. Inc.\ Mr. Lampman announced that this was the tenth anniversary of the Commonwealth Games, and over 1 0,000 athletes participated. He reported 4,896 athletes and 14,688 spectators stayed overnight. The estimated overnight visitors spent $4,825,008 and the day visitors spent $213,090 for an estimated total visitor expenditures of $5,038,098. The games generated an economic impact of $8,363,243. Mr. Lampman thanked the Parks and Recreation Department for their assistance, and announced that the opening ceremonies were televised live on Channel 13. He also reported that Virginia Amateur Sports had made a bid for the national games to be held in the Roanoke Valley in 2003. INRE: NEW BUSINESS 1." Reauest for aPDroval of issuance of UP to $7.000.000 of Industrial Revenue Bonds of the Industrial Development Authoritv for ~ September 14,1999 549 financina of Salem Vent International. Inc. (Tim Gubala. Economic Development Director) R-091499-1 Mr. Gubala reported that Salem Vent International, Inc. is seeking $7,000,000 so that they might purchase approximately 7.6 acres at Valley TechPark and construct and equip an approximately 60,000 square foot manufacturing facility. The Company manufactures two-way hingeless ventilators for the heavy truck industry. Mr. Gubala advisèd that the Industrial Development Authority approved an inducement resolution for the Company at its September 1, 1999 meeting and is requesting that the Board of Supervisors approve a resolution so that the industrial revenue bonds may be issued by the end of 1999. Approval of the bond financing will assist in locating the company in the County and in selling the last remaining parcel at Valley TechPark. Supervisor Harrison moved to approve the bonds. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None RESOLUTION 091499-1 REQUESTING ISSUANCE OF UP TO $7,000,000 OF INDUSTRIAL REVENUE BONDS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR FINANCING OF SALEM VENT INTERNATIONAL, INC. The Industrial Development Authority of Roanoke County, Virginia (the "Authority") has considered the request of Salem Vent International, Inc. (the "Applicant"), a Virginia corporation having its principal place of business currently at 1209 Colorado Street, Salem, Virginia 24153, for the Authority to issue, pursuant to the Industrial Development and Revenue Bond Act, Chapter 49. Title 15.2 of the Code of Virginia of 550 September 14, 1999 ~ 1950, as amended (the "Act"), up to $7,000,000 of its revenue bonds for a manufacturing facility (the "Bonds"). The proceeds ofthe Bonds will be used to assist the Applicant in (1) financing the acquisition, construction and equipping of a facility, with related office and storage areas, for the manufacture of vents and related products primarily for the heavy truck industry (the "Project") and (2) financing payment of the costs of issuing the Bonds and any other real and personal property appurtenant, functionally related or subordinate to the Project. The Project is located on Lot 4 in Valley TechPark, the entrance to the park being off of Routes 11 and 460 approximately 3.3 miles south of Exit 137 off of Interstate 81 in Roanoke County, Virginia (the "County"). The Authority held a public hearing regarding this matter on behalf of the Authority and the County on September 1, 1999, which is a date within sixty (60) days of the adoption of this resolution. Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that both the governmental unit having jurisdiction over the issuer of private activity bonds and the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. The Project is located in the County, the Authority issues its bonds on behalf of the County and the Board of Supervisors of the County (the "Board") constitutes the highest elected governmental unit of the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. The recitals made in the first and second paragraphs of this Resolution are hereby adopted as a part of this Resolution. 2. The Board approves the issuance of the Bonds by the Authority in an aggregate principal amount not to exceed $7,000,000 for the benefit of the Applicant, to the extent required by Section 147(f) of the Code and Section 15.2-4906 of the Act. 3. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Applicant or the Project, and, as required by the Act and Virginia law, the Bonds shall provide that none of the Commonwealth of Virginia, the County or the Authority shall be obligated to pay the principal of, premium, if any, on or the interest on, the Bonds or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof shall bè pledged thereto. 4. Pursuant to the limitation contained in Temporary Treasury Regulation Section 5f 1 03-2(f)(1), this Resolution shall remain in effect for a period of one year from the date of its adoption. ----., September 14,1999 551 - 5. The County, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damage to the Applicant or the Project, direct or consequential, resulting from the Authority's failure to issue the Bonds for any reason. 6. This Resolution shall take effect immediately upon its adoption. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Reauest for approval of Public Private Partnership for Salem Vent International. Inc. (Tim Gubala. Economic Development Director) A-091499-2 Mr. Gubala advised that staff is recommending that the County fund up to $60,000 for utility connection fees for water, sewer and fire service for Salem Vent International. Staff estimates that new annual tax revenues of $53,625 will offset the $60,000 public private partnership within the three year payback formula established by the Board. Supervisor Harrison moved to authorize the County Administrator to execute a performance agreement and provide $60,000 in public private partnership funds. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None 3. Reauest for approval of an Economic Development Performance Aareement to expand Advance Stores. Inc. headauarters 552 September 14,1999 ~ operation and appropriation of $641.500. (Jovce Wauah. Economic Development Assistant Director) A-091499-3 Ms. Waugh reported that Advance Auto is constructing a 100,000 square foot expansion of their present headquarters as a result of a recent acquisition of Western Auto Stores. They estimate an $8-$10 million investment and the hiring of 200 full time jobs. This is in addition to retaining an existing 400 jobs already at this location. The additional positions will support their expanded 1700 retail store operation in the U.S. Ms. Waugh explained that the County has applied for a $700,000 Community Development Block Grant (CDBG) based on the 200 jobs being made avaiiable to low and moderate income level people. The grant is to correct a long standing drainage problem in the Boxley Hills neighborhood and allow the 17.11 acre tract of land located behind Advance Auto to be developed. As part of the County's 10% grant match, engineering services will be paid from the County's $641,500 incentive funds. Ms. Waugh requested that the Board of Supervisors authorize the County Administrator to execute a performance agreement with the IDA and Advance to provide $641,500 towards the costs of road and traffic signal improvements on Airport Road, site work, and CDBG match. A total of $641,500 in tax revenue would be returned to the County over a five year time period beginning one year after occupancy of their expanded building in 2001. These funds can be appropriated from the County Capital Fund as follows: $414,850 from remaining budgets of completed economic development projects, and $226,650 from the Capital Fund Unappropriated Balance. ----- September 14,1999 553 Completion of the performance agreement and this project are contingent upon obtaining a $700,000 CDBG grant applied for by the County. Roanoke County has also requested $500,000 in Governor's Opportunity Funds, which would leverage the County's funds, if granted. Supervisor McNamara inquired ifthis could be structured so that the County would not be out of the up-front money. Ms. Waugh advised the funds would be staged. Supervisor McNamara asked if these funds should come from the Capital Fund. Supervisor Johnson responded that they will be repaid to the Capital Fund. Supervisor Johnson moved to approve the performance agreement, appropriate $641,500 and authorize the County Administrator to execute a performance agreement with the IDA and Advance Stores. The motion carried by the following unanimous recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson None 4. Reauest for approval of an aareement between the Countv of Roanoke and the Virainia Department of Transportation concernina South Countv Park access arant. (Pete Haislip. Parks and Recreation Director) A-091499-4 Mr. Haislip advised that Roanoke County has received a $190,000 554 September 14,1999 Recreational Access Grant from the Virginia Department of Transportation to construct a public access road to the new South County Park located off Merriman Road between Starkey Park and the Merriman Soccer Complex. This project will also make much needed improvements to the intersection of Starkey and Merriman Roads. Supervisor Minnix announced that the ground breaking for the park will be September 16. Mr. Haislip also updated the Board of the conversion of the log cabin at Walrond Park to a Senior Citizens Center which will also open on September 16. Supervisor Minnix moved to approve the grant access agreement. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None 5. Reauest from the Fifth District Employment and Trainina Consortium (FDETC) to approve Desianation as a Reqional Workforce Investment Area. (Joe Saroi. Human Resources Director) R-091499-5 Mr. Sgroi reported that each year the FDETC provides a full-range of workforce development services designed to assist both employers and job seekers. Legislation passed in August 1998 requires the closeout of the Job Training Partnership Act and implementation of the new Workforce Investment Act by no later than July 1,2000. Mr. Sgroi explained that there are 14 regional partnerships or service delivery areas ~ September 14,1999 ~55 (SDAs) in Virginia which receive and administer Job Training Partnership Act funds in accordance with federal regulations, state policies and local priorities. The Fifth District Employment and Training Consortium is one of these 14 SDAs, having served the four city and four county area known as the Fifth Planning District for over 25 years. The Workforce Investment Act (WIA) provides three options for the designation of workforce investment areas: (1) Automatic (for a single city or county which has a population of 500,000 or more; (2) Temporary (two year designation for any request from localities to maintain existing service delivery areas under JTPA, if certain performance and fiscal accountability criteria are met). The FDETC has met the criteria established in the WIA legislation, having met or exceeded performance standards for the past two years, as well as having had no findings or concerns in audits for the same period; and (3) General (requests from single or multiple jurisdictions with populations of 200,000 or more). At their August 20, 1999 meeting, the FDETC Policy Board voted to request temporary designation of the existing service area as the region's workforce investment area, and to maintain the Fifth District Employment and Training Consortium as the administrative entity and the City of Roanoke as the fiscal agent. Should any member jurisdiction opt to withdraw, the remaining jurisdictions will submit a request for a smaller workforce investment area, under the third option. Mr. Sgroi requested approval of the temporary two year designation as voted on by the FDETC Policy Board with the FDETC remaining as the administrative entity and the City of Roanoke as the fiscal agent contingent upon approval by the other localities in the Fifth Planning District. 556 September 14, 1999 ,= Supervisor Johnson advised that the Board had been contacted by individuals from the New Century Technology Council requesting that the County consider supporting the expansion of the area to include all localities in the New Century Region. Vickie Price, representing the FDETC, responded that they have worked with localities outside of the current regional boundaries. Supervisor Johnson asked that she include them in the process. Supervisor Johnson moved to adopt the resolution. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None RESOLUTION º91499-5 APPROVING THE FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM DESIGNATION AS A REGIONAL WORKFORCE INVESTMENT AREA WHEREAS, the County of Roanoke has been a member of the Fifth District Employment and Training Consortium, for the oversight of Job Training Partnership Act (JTPA) funds since 1983; and WHEREAS, during the period, the citizens and employers of this community have benéfitted from the provision of employment training and job placement services by the Fifth District Employment and Training Consortium; and WHEREAS, JTPA is being replaced by the Workforce Investment Act, effective July 1, 2000; and WHEREAS, the liability issueforthe County remains identical as under JTPA; whereby the Consortium insurance bears liability first, then all member jurisdictions according to a population-based formula, if necessary. NOW THEREFORE, BE IT RESOLVED by the Roanoke County Board of Supervisors that County of Roanoke desires to remain a partner in the Fifth District Employment and Training Consortium to oversee Workforce Investment Act funds for workforce development and employment training. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ September 14,1999 557 IN RE: FIRST READINGS OF ORDINANCES 1." First readina of an ordinance vacatina and closina an unimproved and unused portion of riaht-of-wav known as Cave Sprina Lane in Section 3. Nottinaham Hills Subdivision. recorded in Plat Book 7. Paae 32 and located in the Windsor Hills Maaisterial District. (Arnold Covev. Community Development Director) Mr. Covey advised that the petitioners, Mr. Ron F. and Michele C. Cave are requesting that the Board vacate a portion of a 50 foot unimproved public right-of-way known as Cave Spring Lane. Staff has received no objections to this petition and supports the request subject to the County reserving a 50-foot sewer, water, drainage and public utility easement. Supervisor McNamara moved to approve first reading and set the second reading for September 28, 1999. The motion carried by the following unanimous recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson None 2. First readina of an ordinance authorizina the execution of an aareement with the Citv of Roanoke amendina and supersedinq previous aareements. providina for the sale of bulk and surplus 558 September 14, 1999 ¡-- water and the appropriation of funds. (Gary Robertson. Utilitv Director) Mr. Robertson explained that Roanoke County and the City of Roanoke entered into a water contract dated August 13, 1979. This contract allowed Roanoke County to purchase surplus water from the City of Roanoke but also contained a provision that required the County to purchase a minimum quantity of water. With the construction of Spring Hollow, Roanoke County no longer needed the quantities of surplus water called for in the 1979 contract. The County and City renegotiated the contract in January 1995 to modify the billing structure and allow thè minimum purchases to gradually reduce throughout the contract. Mr. Robertson advised that the County and City desire a more regional sharing of water supplies to minimize the effects of droughts like the area is presently experiencing. These negotiations have been very fruitful and brought about the following changes: (1) The County would no longer be required to purchase a minimum quantity of water. (2) Both the County and the City could purchase surplus water from the other party with an equal rate for both parties. (3) Both parties could transport up to 3 MGD of water through the other party's water lines to minimize duplication of water line construction. (4) Roanoke City would have the right to purchase up to 4 MGD of water from the County. (5) Roanoke County and Roanoke City will jointly work to increase our system interconnections, allowing for a more reliable water system in the valley. Mr. Robertson reported that because these changes are significant, both ~ September 14, 1999 ~~9 - parties feel that a new contract would be more desirable than further amending the existing contract. The details of the contract are still being edited, and it is anticipated that an acceptable document will be ready prior to the second reading of this ordinance on September 28, 1999. Although the cost savings to the County will not begin until July 2000, it is anticipated that the County will save up to 20 million dollars over the life of the contract. This includes savings of $5 million in water lines, and the County will not have to spend $1.6 million that was included in the previous contract. In response to questions, Mr. Robertson advised that the price for the bulk water sale to the city will be $2.75, and that the City and County will be meeting to look at expansion of interconnections. Mr. Mahoney explained that Roanoke City will only hold one reading of tile ordinance. Supervisor Johnson pointed out that the cost of bulk water to Roanoke City does not include any overhead costs such as reading meters and maintaining the lines. Mr. Robertson recommended that the Chairman of the Board of Supervisors be authorized to execute an agreement with the City of Roanoke concerning water sales following the second reading of this ordinance on September 28,1999. Supervisor Nickens moved to approve first reading and set the second reading for September 28, 1999. The motion carried by the following unanimous recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson None .~ 560 September 14,1999 - 3. First readina of ordinance authorizina the execution of an agreement with Botetourt County to provide water to a portion of Botetourt Countv. includina the option to sell a portion of the Read Mountain Water Companv to Botetourt County. (Paul Mahoney. County Attornev\ Mr. Mahoney explained that this ordinance approves an agreement with Botetourt County to provide water supplies and to operate a water system within its boundaries, and authorizes the County Administrator to execute the agreement. On June 9, 1999, the Board adopted an ordinance authorizing the acquisition of the assets of the .....,.. Read Mountain Water Company. A portion of the service area lies within Botetourt County, and the acquisition is currently being reviewed by the State Corporation Commission. The state code provides that no consent shall be required for the operation, construction or expansion of any water supply system in existence on July 1, 1976, and the Read Mountain water Company was in existence prior to this date. However, in order to maintain the excellent working relationship with Botetourt County, staff has sought this consent. By this agreement, the County also grants and conveys to Botetourt County the option to purchase the assets of the water system for a price equal to the fair market value of such assets at the time of purchase. Supervisor Johnson moved to approve first reading and set the second reading for September 28, 1999. The motion carried by the following unanimous recorded vote: ~, September 14,1999 561 = AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson None 4. First readina of ordinance to vacate a maioI' portion of a 20-fo01 water line easement across property of Liberty Proper1ï Development Corporation at Vallev Park Center. Valleypointe (Tax Map No. 37.07-1-16. 16.1 and 17) located in the Hollins Maaisterial District. (Arnold Covev. Community Development Director) Mr. Covey advised that Liberty Property Development Corporation has requested that the Board vacate a major portion of the water line easement to eliminate an encumbrance. The Utility Department was notified of the request and advised that the water line in question has been removed and is no longer in service and agreed with the request. Supervisor Johnson moved to approve first reading and set the second reading and public hearing for September 28, 1999. The motion carried by the following unanimous recorded vote: AYES: NAYS: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson None INRE: SECOND READING OF ORDINANCES / 562 September 14,1999 '== 1." Second readina of an ordinance authorizina acauisition of property on Glenmarv Drive from Philip Trompeter and Connie Hausman for a 24 inch waterline extension into the Roanoke County Center for Research and Technoloav. (Melinda Cox. Economic Development Specialist) 0-091499-6 There was no discussion and no citizens to speak on this ordinance. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None ORDINANCE 091499-6 AUTHORIZING THE ACQUISITION OF 1.07 ACRES OF LAND FROM PHILIP TROMPETER AND CONSTANCE TROMPETER HAUSMAN IN CONNECTION WITH THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY WHEREAS, in connection with the development of the Roanoke County Center for Research and Technology, it is necessary to acquire certain easements for road construction and water line installation; and, WHEREAS, Philip Trompeter and Constance Trompeter Hausman are the owners of a 1.07 -acre parcel of land along Glenmary Drive, designated on the Roanoke County Land Records as Tax Map No. 64.01-3-1; and, WHEREAS, a significant portion of the Trompeter property is required for the easements related to this project; and, WHEREAS, staff has reviewed the plans with the property owners and the Trompeters have offered to sell the entire parcel of land to the County for the sum of $4,000; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on August 24, 1999, and the second reading was held on September 14, 1999. NOW THEREFORE, BE IT ORDAINED BYTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: ~ September 14, 1999 ~63 - 1. That the acquisition and acceptance of the parcel of land, consisting of 1.07 acres, more or less, located in the Catawba Magisterial District on Glenmary Drive and designated on the Roanoke County Land Records as Tax Map #64.01-3-1, from Philip Trompeter and Constance Trompeter Hausman for the sum of $4,000.00 is hereby authorized and approved. 2. That the funds for this acquisition and related costs shall be paid out of the funds previously appropriated to this project in the Capital Improvement Fund. 3. That the County Administrator or an Assistant County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as may be necessary to accomplish the acquisition of this property, all of which shall be approved as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None 2. Secong reading of an ordinance authorizing acauisition of a permanent slope and drainaae easement on property located on Glenmary Drive from Emmett I. and Mary Jane Grisso for a 24 inch waterline extension into the Roanoke County Center for Research & Technoloav. (Melinda Cox. Economic Development Specl¡:¡list) 0-091499-Z There was no discussion and no citizens to speak on this ordinance. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None r" 564 September 14,1999 ORDINANCE 091499-7 AUTHORIZING THE ACQUISITION OF A SLOPE AND DRAINAGE EASEMENT FROM EMMETT I. GRISSO, JR., AND MARY C. GRISSO IN CONNECTION WITH THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY WHEREAS, in connection with the development of the Roanoke County Center for Research and Technology, it is necessary to acquire certain easements for road construction and water line installation; and, WHEREAS, Emmett 1. Grisso, Jr., and Mary C. Grisso are the Owners of a 3.99-acre parcel of land alongGlenmary Drive, designated on the Roanoke County Land Records as Tax Map No. 64.01-4-1; and, WHEREAS, a permanent slope and drainage easement is required across the Grisso property for this project; and, WHEREAS, staff has negotiated with the property owners for the acquisition of said easement and the owners have agreed to accept the sum of $500.00 for the necessary easements, together with the County's agreement to replace the existing farm road into the property and to permit the property owner to retain all timber cut from the property; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first rèading of this ordinance ,. was held on August 24,1999, and the second reading was held on September 14,1999. NOW THEREFORE, BE IT ORDAINED BYTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That the acquisition and acceptance of a permanent slope and drainage easement, of variable width, and consisting of .27 acres (11,550 square feet), along Glenmary Drive in the Catawba Magisterial District, across the property of Emmett 1. Grisso, Jr., and Mary C. Grisso, designated on the Roanoke County Land Records as Tax Map No. 64.01-4-1, for the sum of $500.00 is hereby authorized and approved. 2. That the funds for this acquisition and related costs shall be paid out of the funds previously appropriated to this project in the Capital Improvement Fund. 3. That the County Administrator or an Assistant County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as may be necessary to accomplish the acquisition of this property, all of which shall be approvèd as to form by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Harrison to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None ~ September 14, 1999 565 - 3. Second reading of an ordinance to amend the Roanoke Countv Code. Division 2. Use Value Assessment of Certain Real Estate, Chapter 21. Taxation. to brina it into compliance with amendments to the State Code. (John Birckhead. Director of Real Estah, Assessment) 0-091499-8 There was no discussion and no citizens to speak on this ordinance. Supervisor Nickens moved to adopt thè ordinance. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None ORDINANCE 091499-8 AMENDING DIVISION 2, "USE VALUE ASSESSMENT OF CERTAIN REAL ESTATE", OF CHAPTER 21, "TAXATION", OF THE ROANOKE COUNTY CODE, SPECIFICALLY SECTIONS 21-52, 21-53, 21-56, 21- 57,21-58,21-60 THE REPEAL OF SECTIONS 21-55, ALL IN ORDER TO BRING THESE PROVISIONS INTO COMPLIANCE WITH VARIOUS AMENDMENTS TO STATE LAW BY THE VIRGINIA GENERAL ASSEMBLY WHEREAS, the provisions of the County Code concerning use value assessments have not been revised since 1989; and, WHEREAS, the General Assembly for the Commonwealth of Virginia has adopted several amendments to the State Code with respect to the authorizing legislation applicable to use value assessments, and this ordinance amends the County Code to reflect these amendments; and, WHEREAS, the first reading of this ordinance was held on August 24, 1999, and the second reading was held on September 14,1999. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 566 September 14,1999 = 1. That Division 2, "Use Value Assessment of Certain Real Estate", of Chapter 21, "Taxation", of the Roanoke County Code be amended to read and provide as follows: Chapter 21 TAXATION DIVISION 2. USE VALUE ASSESSMENT OF CERTAIN REAL ESTATE Sec. 21-51. Findings. The County of Roanoke finds that the preservation of real estate devoted to agricultural, horticultural, forest and open space uses within its boundaries is in the public interest and, having heretofore adopted a land use plan, hereby ordains that such real estate shall be taxed in accordance with the provisions of article 4 of chapter 32 of title 58.1 of the Code of Virginia; the standards prescribed by the Director of the Virginia Department of Conservation and Recreation, the Virginia Commissioner of Agricultural and Consumer Service, and the State Forester; and this division. Sec. 21-52. Applications for special assessment; fees. (a) Applications for taxation of real estate on the basis of use assessment shall be submitted to the real estate assessor on forms provided by the Virginia Department of Taxation and supplied by the real estate assessor. The application shall include such additional schedules, photographs, and drawings as may be required by the real estate assessor. (b) Applications shall be submitted: (1) At least sixty (60) days preceding the tax year for which such taxation is sought; or (2) In any year in which a general reassessment is being made, until thirty (30) days have elapsed after the notice of increase in assessment has been mailed to the property owner in accordance with section 58.1-3330 of the Code of Virginia, or sixty (60) days preceding the tax year, whichever is later. (c) The application shall be signed by all owners of the subject property. An owner of an undivided interest in the property may apply on behalf of owners that are minors or that cannot be located, upon submitting an affidavit attesting to such facts. (d) A separate application shall be filed for each parcel tract shown on the land book. (e) An application fee of thirty dollars ($30.00), plus thirty cents ($0.30) per acre or portion thereof contained in each parcel, shall accompany each application. (f) An application may be filed within no more than sixty (60) days after the filing deadline specified in subparagraph (b) above upon payment of a late filing fee in the sum of forty dollars ($40.00). (g) An application shall be submitted wheneverthe use or acreage of such land previously approved changes; provided however, that no application fee shall be required when a change in acreage occurs solely as a result of a conveyance necessitated by governmental action or condemnation of a portion of any land previously approved. ~, September 14,1999 567 - (h) Ifanytax on the land affected by an application is delinquent when the application is filed, then the application shall not be accepted. Upon payment of a1l delinquent taxes, interest and penalties relating to such land, the application shall then be treated in accordance with this section. (I) Such property owner must revalidate annually with the real estate assessor any application previously approved. The revalidation application must be returned to the Office of Real Estate Valuation on or before December 5th of the year preceding the year for which the revalidation becomes effective. A revalidation fee ofthirty dollars ($30.00), plus thirty cents ($0.30) per acre or portion thereof contained in each parcel, shall accompany each application for revalidation every sixth year. Late filing of a revalidation form must be made on or before the effective date of the assessment (January 1 st) and accompanied with a late filing fee of forty dollars ($40.00). State Law Reference: Code of Virginia, § 58.1-3234. Sec. 21-53. Determination of use value and assessment. (a) Promptly upon receipt of an application, the real estate assessor shall determine whether the subject property meets the criteria for use value assessment and taxation under this division, article 4 of chapter 32 of title 58.1 of the Code of Virginia, and the applicable standards prescribed thereunder by the Director of the Department of Conservation and Recreation, the Commissioner of Agriculture and Consumer Services and the State Forester. (b) Minimum acreage. (1) Real estate devoted solely to: a. Agricultural or horticultural use, as defined in section 58.1-3230 of Chapter 32 of Title 58.1, shall consist of a minimum of five (5) acres; b. Forest uSè, as defined in section 58.1-3230 of Chapter 32 of Title 58.1, shall consist of a minimum of twenty (20) acres; c. Open space use, as defined in section 58.1- 3230 of Chapter 32 of Title 58.1, shall consist of a minimum of five (5) acres (may be expanded, it is at the localities discretion-1990 acts of Assembly) except that real estate adjacent to a scenic river, a scenic highway, a Virginia Byway or public property shall consist of a minimum of two (2) acres. A scenic river, scenic highway, Virginia Byway or public property under this paragraph means those which are listed In the State Comprehensive Outdoor Recreational Plan, also known as the Virginia Outdoors Plan, a copy of which can be obtained from the Department of Conservation and Recreation, 568 September 14, 1999 - We- 203 3e2 Governor Street, Suite 302 200, Richmond, VA 23219. (2) a. The foregoing requirements for mll1lmUm acreage shall be determined by adding together the total area of contiguous real estate excluding recorded subdivision lots, recorded after July 1, 1983, titled in the same ownership. For purposes of this section, properties separated only by a public right-of-way are considered contiguous. b. Where contiguous real estate in agricultural, horticultural, forest or open-space use in one ownership is located in more than one taxing locality, compliance with the minimum acreage shall be determined on the basis of the total area of such real estate and not the area which is located in the particular taxing locality. (c) In addition to meeting the foregoing requirements for minimum acreage, real estate devoted to open space use shall be: (1) Within an agricultural, a forestal, or an agricultural and forestal district entered into pursuant to Chapter 43 (section 15.2-4300 et seq.) ofTitle 15.2c1 ,apter :JC (se.ctiofl 1 ::;.1-1 S07 et see¡.) of title 15.1 of the Code of Virginia, or (2) Subject to a recorded perpetual easement, restrictive covenant or equitable servitude that is held by a public body, and that promotes the open space use classification as defined in section 58.1-3230 of the Code of Virginia, or (3) Subject to a recorded commitment meeting the standards prescribed by the director of the Virginia Department of Conservation and Recreation and entered into by the landowner with the county, not to change the use to a nonqualifying use for a time period stated in the commitment. The commitment may last for up to 10 years, as negotiated by the landowner and the Department of Real Estate Valuation, with deference given to the landowner's choice, as long as it is in coordination with the county land-use plan established by the Department of Community Development, but in no case shall the commitment be less than 4 years. The Department of Real Estate Valuation may seek the advice of the County Planner or Department of Community Development when determining the appropriate length for such commitments. The County Administrator authorizes the Directorofthe Department of Real Estate Valuation to sign binding standard form contracts with discretion as to the length of commitment, as provided by the County Attorney's office and prepared in '~:"~(;':, ... """ September 14,1999 569 - accordance with the standards prescribed by the Director of the Department of Conservation and Recreation, for the inclusion of real property into the use value assessment program based on a commitment not to change the use to a nonqualifying use for the duration of the contract. Such commitment shall run with the land for the applicable period and may be terminated in the manner provided in Section 15.2-4314 of the Code of Virginia (d) If the real estate assessor determines that the property does meet such criteria, he shall determine the value of such property for its qualifying use based on the methods described in subsections A, B, and C of section 58.1-3236 of the Code of Virginia, as well as its fair market value as- applied to other real estate in the taxing jurisdiction. (e) In determining whether the subject property meets the criteria for "agricultural use" or "horticultural use" the real estate assessor may request an opinion from the Commissioner of Agricultural and Consumer Services; in determining whether the subject property meets the criteria for "forest use" he may request an opinion from the State Forester; and in determining whether the subject property meets the criteria for "open space use" he may request an opinion from the Director of Conservation and Recreation. Upon the refusal of the Commissioner of Agriculture and Consumer Services, State Forester, or the Director of the Department of Conservation and ~<.ecreation to issue an opinion, or in the event of an unfavorable opinion which does not comport with standards set forth by the respective director, the party aggrieved may seek relief from any court of record wherein the real estate in question is located. If the court finds in his favor it may issue an order which shall serve in lieu of an opinion for the purposes of this division. (Ord. No. 101089-4, § 1, 10-10-89) State Law Reference: Code of VA, §58.1-3233, 58.1-3241. Sec. 21-54. Taxation based on qualifying use. The use value and fair market value of any qualifying property shall be placed on the land book before delivery to the treasurer, and the tax shall be extended from the use value. Continuation of valuation, assessment and taxation based upon land use shall depend on continuance of the real estate in a qualifying use, continued payment of taxes as required in section 58.1-3235 and compliance with other requirements of article 4 of chapter 32 of title 58.1 of the Code of Virginia, the applicable standards prescribed by the Director of the Virginia Department of Conservation and Recreation, the Virginia Commissioner of Agriculture and Consumer Services and the State Forester, and this division, and not upon continuance in the same owner of title to the land. SLEAC Manual, Ft. Note #14, of the revised model ordinance, may explain the deletion below. It states that special tax statements should reflect both the tax to be paid and the RBT. It is administratively simpler. State Law Reference: Code of Virginia, § 58.1-3234 (Ord. No. 101089-4, § 1, 10-10-89) 570 September 14, 1999 Se~. 21-55. In:::;g and filing of appl 0". ed appli~ation!l. . ;" ~I e~tate agge330r 3nall prepare and ~ra~g~,.it to tne eler,~ o:~t~~~i~~~~ :~~ ~ ~~t ~:~ ~.:f~;;ông filed and a~proý'ed und81 tn~~ ~I~~~n_~~~~~ ~',I~n..~e ~;~aa~ =~::~ : Q ~n. Tile clerl< ghalllnd~~~~ ~~~~: I~~~~~::~::: ~:~ ~~:=:; :. ::~;;nir:~~' ~ d file each applic.ation in t!,i3 ~ice. T~: c~:~:.~~~~~~:~~~~~~~:~ t t dollar ($1.00) for filing and Indexing eac,h applicatton or revalidation. Enabling Act authority removed: 1993 Acts of Assembly, Chapter 102, Page 107. (see explanation above--simpler.) (Ord. No. 101089-4, § 1, 10-10-89) ~'" . Sec. 21-56. Delinquent taxes. If on dttne April 1 of any year the taxes for any prior year on any parcel of real property which has special assessment as provided for in this division are delinquent, the county shall send notice of that fact and the general provisions of section 58.1-3235 of the Code of Virginia to the property owner by first-class mail. If after sending such notice, such delinquent taxes remain unpaid on NO'vell'lber June 1, the treasurer shall notify the real estate assessor who shall remove such parcel from the land use program. Such removal shall become effective for the current tax year. (1994 Act of Assembly, Chapter 199, Pg. 290) State Law Reference: Code of Virginia, § 58.1-3235. (Ord. No. 101089-4, § 1, 10-10-89) «\¡.' "." Sec. 21-57. Change in use, zoning or area; roll-back taxes. There is hereby imposed a roll-back tax and interest thereon in such amounts as may be determined under Virginia Code section 58.1-3237 and determined by.using a simple interest rate established at ten (10) percent per year on real estate which has qualified for assessment and taxation on the basis of use under this division, upon one or more of the following occurrences: (Delinquent Real Estate has a ten percent penalty applied the day it becomes delinquent and a monthly interest rate of .0083. The .0083 is equivalent to ten percent peryear (According to Treasure's Office).} (a) When the use by which it qualified changes to a more intensive use or a nonqualifying use; (b) When it is rezoned to a more intensive use at the request of the owner or his agent, as described in section 58.1-3237 of the Code of Virginia; or (c) When one or more parcels, lots or pieces of land are separated or split off from the real estate, as described in section 58.1-3241 of the Code of Virginia. When the use by which real estate qualified changes to a more intensive use or a nonqualifying use, or when the real estate is rezoned to a more intensive use at the request of the owner or his agent such additional taxes shall only be assessed against that portion of such real estate which no longer qualifies for assessment and taxation on the basis of use or zoning. Liability to the roll-back taxes shall attach when a change in use occurs, or a change in zoning of the real estate to a more intensive use at the request of the owner September 14,1999 571 or his agent occurs. No real property rezoned to a more intensive use at the request of the owner or his agent shall be eligible for taxation and assessment under this article, provided that these provisions shall not be applicable to any rezoning which is required for the establishment, continuation, or expansion of a qualifying use. If the property is subsequently rezoned to agricultural, horticultural, or open space, it shall be eligible for consideration for assessment and taxation under this ordinance only after three years have passed since the rezoning was effective. Liability to the roll-back taxes shall not attach when a change in ownership of title of all the real estate which is assessed under this division on a separate application, filed as required by section 21-52 D of this division, and meeting the minimum acreage requirements takes place if the new owner does not rezone the real estate to a more intensive use and continues the real estate in the use. for which it is classified under the conditions prescribed in this ordinance and article 4 of chapter 32 of title 58.1 of the Code of Virginia. State Law Reference: Code of Virginia, § 58.1-3237. (Ord. No. 101089.-4, § 1, 10-10-89) Sec. 21-58. Failure to report changes; misstatements in application. (a) The owner of any real estate liable for roll-back taxes shall, within sixty (60) days foliowìng a change in use or zoning, report such change to the real estate assessor on such forms as may be prescribed. The real estate assessor shall forthwith determine and assess the roll-back tax, which shall be paid to the treasurer within thirty (30) days of assessment by the owner of the property at the time the change in use which no longer qualifies occurs, or at the time of the zoning of the real estate to a more intensive use at the request of the owner or his agent occurs. Upon failure to report within sixty (60) days following such change in use or zoning at the request of the owner or his agent or failure to pay within thirty (30) days of assessment or both, such owner shall be liable for an additional penalty equal to ten (10) percent of the amount of the roll-back tax and interest, which penalty shall be collected as a part of the tax. In addition to such penalty forfailure to make required report, there is hereby imposed interest of one-haif (Yo) percent of the amount of the roll-back tax, interest and penalty, for each month or fraction failure thereof during which the failure continues. (b) Any person making material misstatements offact other than a clerical error in any application filed pursuant hereto shall be liable for all taxes, in such amounts and at such times as if such property had been assessed on the basis offair market vaiue as applied to other real estate together with interest and penalties thereon, and he shall be further assessed with an additional penalty of one hundred (100) percent of such unpaid taxes. The term "material misstatement of fact" shall have the same meaning as it has under section 58.1-3238 of the Code of Virginia. Sec. 21-59. Application of title 58.1 of the Code of Virginia. The provisions of title 58.1 of the Code of Virginia applicable to local levies and real estate assessment and taxation shall be applicable to assessments and taxation hereunder mutatis mutandis including without limitation, provisions relating to tax liens and -. 572 September 14, 1999 the correction of erroneous assessments, and for such purposes the roll-back taxes shall be considered to be deferred real estate taxes. Se~. 21-&9. Cffe~ti.e date. Thi! di. ision shall be effective for all tax years beginning on and after January 1,1990. (Ore!. tJo. 10108:1 4, § 1, 10 1089) Sec.21-60. Preparation and use of true values. Nothing in this article shall be construed to be in conflict with the requirements for preparation and use of true values where prescribed by the General Assembly for use in any fund distribution formula. State Law Reference: Code of Virginia, § 58.1-3234. Secs. 21-61--21-70. Reserved. 2. That this ordinance shall be effective from and after its adoption. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: CONSENT AGENDA R-091499-9 Supervisor Johnson moved to approve the Consent agenda with the Grievance Panel appointment in Item 2 removed and referred to the staff. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None RESOLUTION 091499-9 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: ~., September 14,1999 573 1. that the certain section of the agenda of the Board of Supervisors for September 14, 1999, 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 11, inclusive, as follows: 1. Approval of Minutes - July 27, 1999 2. Confirmation of committee appointments to the Blue Ridge Community Services Board of Directors, Clean Valley Council, Grievance Panel and the Industrial Development Authority. 3. Resolution of support for expanded passenger rail service in the Commonwealth of Virginia. 4. Acceptance by the Sheriff's Office of the Adult Literacy and Basic Education Program Grant of $10,903 and appropriation of funds. 5. Request from School Board to appropriate $1,000 grant from the Roanoke County Education Foundation to William Byrd High School Saturday School. ß. Request from School Board to appropriate $1,000 Virginia Department of Education grant for assistive technology devices. 7. Request from Social Services to appropriate $25,000 for Aid to Dependent Children Foster Care Program. 8. Acceptance and appropriation of $21 ,210 Section 18 Transportation Grant from the Virginia Department of Rail and Public Transportation for use in the CORTRAN program. 9. Request for acceptance of access easement at Northside Middle School from the School Board. 10. Action approving, ratifying and confirming the execution of a Consent Order with Whitlow Auto Crushers and Sales to remediate zoning violations. 11. Donation of various easements to the Board of Supervisors by Radford & Company in connection with development of McVitty Forest. 574 September 14,1999 - 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 Johnson to adopt the Consent Resolution with Grievance Panel appointment in Item 2 removed and referred to staff, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None RESOLUTION 091499-9.b SUPPORTING THE EXPANSION OF PASSENGER RAIL SERVICE IN THE COMMONWEALTH OF VIRGINIA WHEREAS, the feasibility of expanded passenger rail service from the Washington, D.C., and Richmond, Virginia, areas to Bristol, Virginia, has been studied and documented by the Virginia Department of Rail and Public Transportation; and WHEREAS, this passenger rail service would provide an attractive transportation alternative that could lead to economic, tourism, environmental and other social benefits for and its citizens; and WHEREAS, the Roanoke County Board of Supervisors believes this passenger rail service is both cost-effective and consistent with a well-planned, multi-modal transportation system in the Commonwealth of Virginia; THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors reaffirms its support and endorsement for the provision of passenger rail service from the Washington, D.C., and Richmond, Virginia, areas to Bristol, Virginia, and BE IT FURTHER RESOLVED that the Board of Supervisors of Roanoke County, Virginia encourages the implementation of this rail service and pledges its assistance to the Commonwealth of Virginia in implementing said service. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None INRE: CITIZENS' COMMENTS AND COMMUNICATIONS William Irvin, spoke in support of the increased funding for the new south county high school and Glenvar Middle School and for approval of the increased design fee. "" September 14, 1999 575 - INRE: REPORTS Supervisor Johnson moved to receive and file the reports. The motion passed by a unanimous voice vote. 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Statement of the Treasurer's Accountability per Investments and Portfolio Policy as of August 31,1999. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS ;3upervisor Harrison announced that the Marine Mud Run will be held on Saturday, September 18 at Green Hill Park, and that the Groundbreaking Ceremony for the Regional Fire Training Center will be held September 21. INRE: WORK SESSIONS .'t,. Update on progress of the discussions on school construction proiects bv Supervisors McNamara and Nickens Supervisor McNamara presented information on the background of the decision to construct the new South County School. He explained that if construction 576 September 14,1999 -- doesn't go forward, it could delay the school opening by one year. He presented recommendations to reduce the cost as follows: (1) eliminate air conditioning in the gym; (2) reduce the auditorium capacity to 500; (3) reduce the student core to 1000/1200, and (4) re-evaluate the heating and cooling. The projected cost after reductions would be $33 million. He also recommended evaluating other savings as identified by value engineering, and increasing the debt by the amount required after receiving bid responses for the new South County High School and Glenvar Middle School. Supervisor Nickens expressed concern that the school was being overbuilt at a cost of $23,000 per seat. He recommended looking at the proposed facade of the school because there would be savings by using precast concrete instead of brick. He also recommended looking at the proposed school capacity. Supervisor Johnson questioned how the County could fund the school with the increase to $34 million but felt that the County could fund up to $30 million. Mr. Hodge reminded the Board that the new school will also require increased operating costs. In response to a question from Supervisor Nickens, School Superintendent Deanna Gordon advised there would be $1.4 million surpius available for rollover, but they planned to use the surplus for a new phone system. Supervisor Nickens suggested that the County fund $29.2 million and that $800,000 come from the School Board rollover surplus. Mr. Hodge advised that staff will work on the drainage and roads. Supervisor Johnson asked for consensus to set the funding limit at $30 million. IN RE: REGULAR SESSION The Board returned to Regular Session at 6:30 p.m. to take action. - September 14,1999 577 1." A-091499-10 Approval to increase the scope ofthe South Countv Hiah School. Supervisor Johnson moved that the scope of the south county high school be increased from $28,231,150 to $30 million with $800,000 of that coming from the school's fiscal year 1998/99 year end rollover; and that the School Board instruct the architects to move forward with the schedule so that the new school will open in July 2002. The motion carried by the following unanimous recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens and Johnson NAYS: None IN RE: Cl.OSED MEETING At 6:40 p.m., Supervisor Johnson moved to go into Closed Meeting after the work session pursuant to Code of Virginia Section 2.1-344 A (7) consultation with legal counsel and briefings by staff regarding specific legal matter, (1) contract negotiations concerning water contract with the City of Roanoke, and (2) consultation pertaining to probable litigation, subdivision developer's default, Hanging Rock Estates. Supervisor McNamara left the Closed Session at 6 :45 p.m. AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None IN RE: CERTIFICATION RESOLUTION R-091499-11 ~ 578 September 14,1999 At 7:04 p.m. the Board return to Open Session and Supervisor Johnson moved to adopt the certification resolution. The motion carried by the following unanimous recorded vote: AYES: Supervisors Minnix, Harrison, Nickens and Johnson NAYS: None ABSENT: Supervisor McNamara RESOLUTION 091499-11 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 2.1-344.1 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 Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors Minnix, Harrison, Nickens. Johnson NAYS: None ABSENT: Supervisor McNamara INRE: ADJOURNMENT At 7:05 p.m., Chairman Johnson adjourned the meeting. ~, September 14,1999 579 = Submitted by, Approved by, _7!?~.;r.,¡. a.u.ß ^- Mary H. Allen, CMC/ME Clerk to the Board ~L.. ob L. Johns Chairman 580 September 14,1999 ~ This paae left intentionallv blank