HomeMy WebLinkAbout12/7/2004 - Regular
Roanoke County
Board of Supervisors
Agenda
December 7,2004
Good afternoon and welcome to our meetíng for December 7,2004. Regular meetings
are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings
are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this
schedule will be announced. The meetings are broadcast live on RVTV, Channel 3,
and will be rebroadcast on Wednesday at 7:00 p.m. and on Sunday at 4:00 p.m. The
meetings are now closed-captioned. Individuals who require assistance or special
arrangements to participate in or attend Board of Supervisors meetings should contact
the Clerk to the Board at (540) 772-2005 at least 48 hours in advance.
A.
OPENING CEREMONIES (3:00 p.m.)
1. Roll Call
2. Invocation:
Pastor Jack D. Woods
Oak Grove Assembly of God
3. Pledge of Allegiance to the United States Flag
B.
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
C.
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Introduction of Katherine Howe Jones, Assistant County Attorney
2. Recognition of the Finance Department for receiving the Certificate of
Achievement for Excellence in Financial Reporting from the Government
Finance Officers Association (GFOA) for fiscal year 2002-2003
D.
BRIEFINGS
E.
NEW BUSINESS
1. Request preliminary approval for the purchase and funding of five fire
vehicles to continue the Fire and Rescue vehicle replacement plan for fire
apparatus. (Richard Burch, Chief, Fire & Rescue)
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2. Request to adopt a restated debt policy for the County of Roanoke. (Diane D.
Hyatt, Chief Financial Officer)
3. Request from Public Facility Consortium, LLC for a refund in the amount of
$50,000 for PPEA review fees for the public safety building project. (Elmer
Hodge, County Administrator)
F.
REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING
ORDINANCES - CONSENT AGENDA: Approval of these items does not
indicate support for, or judge the merits of, the requested zoning actions but
satisfies procedural requirements and schedules the Public Hearings which will
be held after recommendation by the Planning Commission.
G.
FIRST READING OF ORDINANCES
1. First reading of ordinance amending and re-enacting Section 19-4. Soliciting
prohibited during certain hours and at certain locations and enacting a new
Section 19-28, Permit for Street Solicitation of Article II, Chapter 19, Solicitors
and Solicitations, of the Roanoke County Code to authorize a procedure for
permits for street solicitation by qualified charitable organizations. (Joe
Obenshain, Senior Assistant County Attorney)
2. First reading of ordinance amending Article /I, Taxes on Tangible Personal
Property, Section 21-16, Returns, of the Roanoke County Code to change the
date of filing tangible personal property tax returns on motor vehicles and
trailers from thirty (30) days to sixty (60) days. (Nancy Horn, Commissioner
of the Revenue)
H.
SECOND READING OF ORDINANCES
1. Second reading of an ordinance authorizing conveyance of an easement to
Appalachian Power Company to provide electric service to Virginia PCS
Alliance, LC., d/b/a! NTELOS, for a 3,400 sq. ft. tower site at the Hollins Fire
Station on Barrens Road, Hollins Magisterial District. (Anne Marie Green,
Director of General Services)
2. Second reading of an ordinance approving a residential lease at the Roanoke
County Center for Research and Technology, Catawba Magisterial District.
(Anne Marie Green, Director of General Services)
I.
APPOINTMENTS
1. Roanoke Valley Area Metropolitan Planning Organization Community
Advisory Committee (CAC)
2. Roanoke County Planning Commission (Appointed by District)
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J.
CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE
RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION
IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY.
1. Approval of minutes - November 16, 2004
2. Confirmation of committee appointment to Blue Ridge Behavioral Healthcare
3. Request to accept Great Glen Drive and Celtic Circle into the state secondary
road system
4. Request to approve amendments to the Bylaws of Blue Ridge Behavioral
Healthcare
5. Request from the Library to accept and appropriate funds in the amount of
$1,385 from the Bill and Melinda Gates Foundation to purchase a computer
6. Request from the Library to accept and appropriate funds in the amount of
$15,100 from the Friends of the Library
7. Request from the Fire and Rescue Department to accept and appropriate a
grant in the amount of $6,924 from the Virginia Department of Health for the
purchase of extrication equipment
8. Request from the Fire and Rescue Department to accept and appropriate a
grant in the amount of $13,000 from the Virginia Department of Health for the
purchase of cardiac heart monitors
9. Request to concur in the adoption of mandatory water and sewer connection
policy by the Western Virginia Water Authority
10. Request from Parks, Recreation & Tourism Department to accept and
appropriate $20,792 from the Commonwealth of Virginia for reimbursement
for expenses incurred for the construction of the Wolf Creek Greenway
11. Request from the Treasurer to amend the existing banking services contract
with SunTrust to allow for lock box operation
12. Request to approve an agreement with Clearbrook Volunteer Fire Department
regarding disposition of vehicles and outstanding loan balances
K.
REQUESTS FOR WORK SESSIONS
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REQUESTS FOR PUBLIC HEARINGS
CITIZENS' COMMENTS AND COMMUNICATIONS
M.
N.
REPORTS
1. General Fund Unappropriated Balance
2. Major Capital Fund Unappropriated Balance
3. Minor Capital Fund Unappropriated Balance
4. Board Contingency Fund
5. Future Capital Projects
O.
REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Joseph B. "Butch" Church
2. Michael A. Wray
3. Michael W. Altizer
4. Joseph P. McNamara
5. Richard C. Flora
P.
CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A (3)
discussion or consideration of the disposition of publicly held property.
Q.
WORK SESSIONS (4th Floor Conference Room)
1. Work session to review the drainage maintenance program. (Arnold Covey,
Director of Community Development)
2. Work session to discuss reciprocal trash collection with the City of Roanoke.
(Anne Marie Green, Director of General Services)
EVENING SESSION (7:00 p.m.)
R.
CERTIFICATION RESOLUTION
s.
NEW BUSINESS
1. Request to exercise options for the acquisition of land for the location of a
regional jail facility. (Elmer Hodge, County Administrator; John Chambliss,
Assistant County Administrator)
T.
ADJOURNMENT
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ACTION NO.
ITEM NO.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7, 2004
AGENDA ITEM:
Introduction of new Assistant County Attorney Katherine
Howe Jones
SUBMITTED BY:
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Katherine Howe Jones has joined the office as Assistant County Attorney. Prior to
joining the County Attorney's office, Ms. Jones served as a General District Court Judge
and as a Deputy City Attorney in Norfolk, VA. Additionally, she served as Assistant City
Attorney in Roanoke, VA, as Staff Attorney for the Legal Aid Society of the Roanoke
Valley, and as a Captain in the U.S. Air Force Judge Advocate General's Corps.
Ms. Jones is a native of Botetourt County and graduated from Howard University with a
degree in Political Science. She received her law degree from the Howard University
School of Law.
The County Attorney's office is pleased to have Ms. Jones join the staff bringing to the
office her many years of trial attorney experience, her experience as sitting Judge
hearing civil and criminal cases, as well as experience as a local government attorney.
Ms. Jones will primarily be handling cases for the Department of Social Services and
will also be assigned to manage collections for the County.
ACTION NO.
ITEM NO.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
Recognition of the Finance Department for receiving the
Certificate of Achievement for Excellence in Financial
Reporting from the Government Finance Officers Association
(GFOA) for fiscal year 2002-2003
SUBMITTED BY:
Rebecca E. Owens
Director of Finance
Elmer C. Hodge ~ JI~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The County of Roanoke has received the Certificate of Achievement for Excellence in
Financial Reporting for its Comprehensive Annual Financial Report (CAFR) for the fiscal
year ended June 30, 2003. This is the twentieth consecutive year in which the award has
been received.
The award is presented by the Government Finance Officers Association to governments
that achieve the highest standards in governmental accounting and financial reporting.
Accepting the recognition on behalf of the Finance Department will be Diane Hyatt, Chief
Financial Officer, Rebecca E. Owens, Director of Finance, and the accounting staff of the
Finance Department.
ACTION NO.
ITEM NO.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
Request preliminary approval for the purchase and funding of
five fire vehicles to continue the Fire and Rescue vehicle
replacement plan for fire apparatus
SUBMITTED BY:
Richard E. Burch, Jr.
Fire and Rescue Chief
APPROVED BY:
Rebecca Owens
Director of Finance
Elmer C. Hodge, Jr. ~ l-r~
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
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SUMMARY OF INFORMATION:
The Fire and Rescue Department has established an on-going vehicle replacement plan
which calls for replacing fire trucks after they are twenty years old. Approval is being
requested to purchase five new KME vehicles which will replace five 1980 vehicles and one
1975 vehicle and will result in reducing the fire apparatus fleet by one.
The replacement of these apparatus is crucial to keep modern, up-to-date and efficient
equipment available to provide service to the County citizens. Replacement of older
equipment is also essential to reduce the cost of maintenance and repairs.
We were approved to proceed with the bid process and that function is now complete.
Bids have been received for the units and total approximately $1,939,270.74 for these five
vehicles and related equipment.
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The County will be purchasing the following:
. Four enclosed-cab Pumpers with 1,500 gallons-per-minute pumps and 750
gallon water tanks. These units will go to Cave Spring, Hollins, Clearbrook,
and Read Mountain.
. One enclosed-cab Tanker with a 1,500 gallons-per-minute pump and 2,500
gallon water tank. This unit will go to Fort Lewis.
In addition, with the purchase of these new vehicles, the rotation of existing equipment
from busiest to slowest stations extends the life of the vehicles. The placement of these
vehicles is detailed in Attachment A.
Fire and Rescue now seeks approval to proceed with the loan and purchase of these
vehicles.
FISCAL IMPACT:
A repayment schedule for this loan is shown as Attachment B. Budgeted funding of
$400,000 from the Fire and Rescue Department will be applied toward the total purchase
price when the units are received. Two additional annual payments of $400,000 and a final
payment of $412,371.51 in July 2007 from these budgeted funds will be made. The
additional funding of $354,603.40 will come from Botetourt County as per the agreement
dated April 25, 2003.
This financing recommendation includes an interest rate of 3% which is less than the
current market rate for a conventional lease purchase. The Risk Management Fund is part
of the County's pooled cash program that earns a percentage of the interest income
monthly based on the funds cash balance. Using these funds for financing will decrease
the amount of interest income earned which has already been budgeted.
ALTERNATIVES:
1. Approve the purchase and adopt the attached resolution which will finance
$1,539,270.74 with interest of 3% annually through the County Risk Management
Fund to be repaid over the next three years. In addition, apply the funds from
Botetourt County to the loan.
2. Approve the purchase and finance $1,539,270.74 through a conventional lease
purchase method. In addition, apply the funds from Botetourt County to the loan.
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STAFF RECOMMENDATION:
Staff requests the Board's concurrence to approve the purchase of five fire vehicles and
the concept of internally financing this purchase through the Risk Management Fund as
outlined in Alternative 1.
A public hearing will need to be held before this item can be approved to receive citizen
comments regarding the proposed amendments to the fiscal year 2004-2005 budget in
accordance with Section 15.2-2507, Code of Virginia, which provides that whenever such
amendment exceeds 1 % of the total expenditures shown in the adopted budget or
$500,000, whichever is lesser, the County must publish notice of a meeting and public
hearing.
Also, staff requests to have the public hearing for this item as well as the adoption of a
resolution authorizing the purchase and funding of the fire vehicles at the December 21,
2004 board meeting.
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New Purchase
Out of Service
Former Wagon 8
NewPurchase
Out of Service
Reassigned as Engine 6
Former Engine 6
Former Wagon 5
Reserve
Reassigned as Engine 5
New Purchase
Reassigned as Wagon 10
Former Engine 9
NeW Purchase of
Reassigned as Engine 4
Out of Service
combination Pumperffanker
Former Wagon 7
Reassigned as Wagon 8
Former Engine 10
Reassigned as Engine 11
Out of Service
New Purchase
Out of Service
Out of Service
\\\
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Attachment B
Schedule of Repayment of Loan from Risk Management Fund
For Purchase of Fire Vehicles
2004-05 2005-06 2006-07 2007 -08
Purchase of fire vehicles 1/1/2005 1,939,270.74
Interest accrual* - 15,693.35 12,010.82
Repayment from Fire and Rescue
vehicle replacement budget (400,000.00) (400,000.00) (400,000.00) (412,371.51)
Reimbursement from Botetourt for
pumper in Read Mountain station (354,603.40)
Activity for year 1,539,270.74 (738,910.05) (387,989.18) (412,371.51)
Loan Payable at beginning of year - 1,539,270.74 800,360.69 412,371.51
Loan Payable at end of year 1,539,270.74 800,360.69 412,371.51
*Interest accrual is for illustrative purposes and could vary depending on delivery date of the trucks and when payment
from Botetourt County is received.
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ACTION NO.
ITEM NO.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
Request to adopt a restated debt policy for the County of
Roanoke
SUBMITTED BY:
Diane D. Hyatt
Chief Financial Officer
Elmer C. Hodge ~ f{~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
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SUMMARY OF INFORMATION:
One of the measures of a fiscally well managed locality is the adoption of formal fiscal
policies. The County of Roanoke and the County of Roanoke Schools are in the process
of reviewing our existing fiscal policies, and developing additional policies.
The original debt policy was adopted in May 1996. This document is still very pertinent.
The attached revision is, for the most part, substantially the same as the original policy. It
has been reformatted, and some areas have been more fully explained.
There is one substantive change in the document. The existing policy contains three self
imposed debt ratios.
1.
Net debt as a percentage of assessed value will not exceed 3.0%
2.
The net debt per capita will not exceed a ratio of $1 ,500
3.
General obligation debt service as a percentage of general governmental
expenditures will not exceed 10%
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The second ratio above creates a debt limit that is out of line with the other two ratios. A
review of other localities shows that this ratio is either eliminated, or set at a higher lever.
The attached policy increases this ratio to $2,500 which is more in line with the other ratios.
With this change, our ratios are in line with other localities we have surveyed, and are
within the parameters acceptable to the rating agencies.
As shown in the County's Comprehensive Annual Financial Report, at June 30, 2004, the
debt ratios for the County are as follows:
1.
Net Debt to Assessed Value.......................................................................... 2.00 %
2.
Net Debt per Capita....... ................... ......... .............. ...... .......... ............. .....$1,480
3.
General Obligation Debt Service to General Obligation Expenditures .......... 5.63 %
FISCAL IMPACT:
Although there is not a direct fiscal impact from this policy adoption, the rating agencies
encourage the adoption of a series of sound fiscal policies. This will promote a healthy
bond rating, which will help the County to attain lower interest rates when we issue future
bonds. This policy also sets guidelines for the County to limit the amount of debt that can
be issued. By setting a limit on debt issuance, the County is maintaining greater flexibility
to operate in changing economic environments.
STAFF RECOMMENDATION:
Staff recommends adopting the attached resolution, which rescinds the former debt policy
and adopts the new debt policy.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 7,2004
RESOLUTION ADOPTING A DEBT POLICY FOR THE COUNTY OF
ROANOKE
WHEREAS, one of the measures of a fiscally well managed locality is the
adoption of formal fiscal policies; and
WHEREAS, these policies should be reviewed and amended periodically; and
WHEREAS, the County previously adopted a debt policy on May 14, 1996, with
Resolution 051496-9.a; and
WHEREAS, the County now wishes to amend and restate its debt policy.
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1.
That the Debt Policy adopted by Resolution 051496-9.a is rescinded, and
2.
That the following Debt Policy for the County of Roanoke is hereby
adopted, and
3.
That this policy shall be in effect from and after the date of its adoption.
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County of Roanoke, Virginia
Debt Pol icy
I. Introduction
The County of Roanoke recognizes one of the keys to sound financial
management is the development of a debt policy. This need is recognized by
bond rating agencies and development of a debt policy is a practice
recommended by the Government Finance Officers Association. A debt policy
establishes the parameters for issuing debt and managing outstanding debt. It
also provides guidance to administration regarding the timing and purposes for
which debt may be issued, types and amounts of permissible debt, and the
method of sale that may be used. The debt policy should recognize an obligation
to full and timely repayment of all debt as an essential requirement for entry into
the capital markets. Adherence to a debt policy helps to ensure that a
government maintains a sound position and that credit quality is protected. The
debt policy is to be used in conjunction with the Operating and Capital
Improvements Budget, the Capital Improvement Program (CIP), and other
financial policies. Advantages of a debt policy are as follows:
. Enhances the quality of decisions
. Rationalizes the decision-making process
. Identifies objectives for staff to implement
. Demonstrates a commitment to long-term financial planning objectives
. Viewed positively by the rating agencies
II. Purposes for Debt Issuance
The County may issue debt for the purpose of acquiring or constructing capital
projects including buildings, machinery, equipment, furniture, and fixtures. When
feasible, debt issuances will be pooled together to minimize issuance costs. The
County will prepare and adopt annually a five-year Capital Improvement Program
to identify and establish an orderly plan to meet the County's infrastructure
needs. The Capital Improvement Program will also identify all debt-related
projects and the debt service impact upon operations identified.
III. Guidelines for Issuing Debt
The County recognizes that the essential components of a debt policy are the
limitations and guidelines set by the locality. The following guidelines reflect the
County's philosophy concerning indebtedness:
. The County will not use short-term borrowing to finance operating needs
except in instances as described under "Revenue Anticipation Notes".
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. Long-term debt will be used in compliance with all aspects of the debt policy.
. The maturity of any debt will not exceed the expected useful life of the project
for which the debt is issued.
. Each project proposed for financing through debt issuance will have an
analysis performed for review of tax impact and future operating costs
associated with the project and debt issuance.
. At a minimum, all issuances of debt require approval and appropriation of the
proceeds by the Board of Supervisors with additional approvals, if applicable,
indicated in the under "Types of Debt/Structural Features".
IV. Debt Limits
The County does not have any constitutional or statutory debt limits. The County
does abide by the following self-imposed debt targets:
. Net debt as a percentage of assessed value will not exceed 3.0%
. Net debt per capital will not exceed a ratio of $2,500
. General obligation debt service as a percentage of general governmental
expenditures will not exceed 10%
These ratios will be calculated each year in conjunction with the budget process
and the audit.
V. Types of Debt/Structural Features
A. Bond Anticipation Notes
. The County may issue bond anticipation notes (BANs) in expectation
of general obligation bonds or revenue bonds when cash is required in
order for the financed capital project to be initiated, continued, or when
long-term markets do not appear appropriate on a given date but have
a clear potential for improvement within 12 months.
. The County will issue BANs for a period not to exceed two years.
. No BANs will be rolled over more than one additional two-year period.
B. Revenue Anticipation Notes
. The County's fund balance goal of 6.25% of General Fund revenues
was designed to provide adequate cash flow to avoid the need for
revenue anticipation notes (RANs).
. The County may issue RANs in an extreme emergency beyond the
County's control or ability to forecast when the revenue source will be
received subsequent to the timing of funds needed.
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. The County will issue RANs for a period not to exceed the one-year
period permitted under the Constitution of Virginia, Article VII section
10.
C. General Obligation Bonds
. The Constitution of Virginia, Article V/I section 10, and the Public
Finance Act provide the authority for a County to issue general
obligation (GO) debt with no limit on the amount of GO debt that a
County may issue.
. The County may issue GO debt for capital projects or other properly
approved projects.
. All debt secured by the general obligation of the County must be
approved by the Board of Supervisors and a public referendum with
the exception of Virginia Public School Authority (VPSA) bonds and
State Literary Fund loans which do not need approval by referendum.
D. VPSA Bonds and State Literary Fund Loans
. School capital projects may be constructed with debt, either through
VPSA bonds or State Literary Fund loans, and refunding bonds with
preference given to accessibility and interest rates.
. Approval of the School Board is required prior to approval by the Board
of Supervisors.
E. Revenue Bonds
. The County may issue revenue bonds to fund enterprise activities or
for capital projects which will generate a revenue stream.
. The bonds will include written covenants which will require that the
revenue sources are sufficient to fund the debt service requirements.
. Cost of issuance, debt service reserve funds, and capitalized interest
may be included in the capital project costs and thus are fully eligible
for reimbursement from bond proceeds.
F. Capital Acquisition Notes and Leases
. The County may issue short-term notes or capital leases to purchase
buildings, machinery, equipment, furniture, and fixtures.
G. Moral Obligation Debt
. The County may enter into leases, contracts, or other agreements with
other public bodies which provide for the payment of debt when
revenues of such agencies may prove insufficient to cover debt
service.
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. Payment of such moral obligation debt service will be done when the
best interest of the County is clearly demonstrated.
. While such moral obligation support does not affect the debt limit of the
County, the amount of bonds issued with the County's moral obligation
should be controlled in order to limit potential demands on the County.
There is no legal obligation, but the County is placing its good name
and reputation on the line, and there is every expectation that the
County would make good any deficiencies when a default exists.
VI. Credit Objectives
The County of Roanoke will strive to maintain or improve its current bond ratings.
The County will also maintain relationships with the rating agencies that assign
ratings to the County's various debt obligations. The rating agencies will be kept
abreast of the County's financial condition by providing them with the County's
Comprehensive Annual Financial Report (CAFR) and the Operating and Capital
Improvements Budget.
VII.
Authorized Methods of Sale
The County will select a method of sale that is the most appropriate in light of
financial, market, transaction-specific, and issuer-related conditions. Debt
obligations are generally issued through competitive sale. If the County and its
financial advisor determine that a competitive sale would not result in the best
outcome for the County, then a negotiated sale, private placement, or other
method may be chosen.
VIII.
Selecting Outside Finance Professionals
The County of Roanoke will retain external finance professionals to be selected
through a competitive process. The finance professionals will include, but may
not be limited to, the financial advisor, bond counsel, and the underwriter. The
finance professionals will assist in developing a bond issuance strategy,
preparing bond documents, and marketing bonds to investors. The length of the
contracts will be determined by the County. The selection process will require
experience in the following: (1) municipal debt, (2) diverse financial structuring,
and (3) pricing municipal securities.
IX. Advance Refunding of Debt
The County may issue advance refunding bonds in accordance with federal tax
law. An advance refunding may be issued to reduce outstanding principal,
reduce interest costs, to eliminate restrictive debt covenants, or in the event of
financial emergencies or hardships. In determining whether to consider an
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advance refunding, the County will carefully consider whether further savings can
be achieved by deferring the sale to a later date. The goal is that the savings
(net of all issuance costs and any cash contribution to the refunding) will be at
least 3 percent unless otherwise justified by the County.
X. Disclosures
The County will maintain the following practices to ensure proper disclosures:
. The County will maintain good communications with bond rating agencies to
inform them about the County's financial position by providing them the
County's Comprehensive Annual Financial Report (CAFR) and Operating and
Capital Improvements Budget.
. The County will follow the National Federation of Municipal Analysts and
Government Finance Officers Association policy of full continuing disclosure.
. The County will disclose the preceding ten fiscal years' debt ratios in the
Comprehensive Annual Financial Report.
. The County will disclose an estimate of the subsequent five fiscal years' debt
ratios in the Operating and Capital Improvements Budget with an analysis of
the impact, if any, moral obligation debt would have on the debt ratios.
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ACTION NO.
ITEM NO.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
Request from Public Facility Consortium, LLC for a refund in
the amount of $50,000 for PPEA review fees for the public
safety building project
SUBMITTED BY:
Daniel R. O'Donnell
Assistant County Administrator
Elmer C. Hodge ~ il~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Public Facility Consortium, LLC (PFC) has requested a refund of the $50,000 review fee
submitted to the County for analyzing the proposal for the Public Safety Facility and
communications upgrades under the Public Private Educational Facilities and Infrastructure
Act (PPEA). Although PFC did submit a very high quality proposal, County staff and our
consultants recommended the award of the contract to Northrop-Grumman Corporation.
This recommendation was approved at the Board meeting of September 28,2004.
At several points in the process PFC considered withdrawing due to the high cost of
preparing the proposals and engaging in detailed competitive negotiations with Roanoke
County. Staff encouraged PFC to continue despite their escalating cost concerns as the
Board desired competition throughout both Phase I and Phase II of proposal submittal
process.
There are several reasons why the request to refund the deposit may be justified:
1. The County requested proposers to submit plans equal to 30% design in their Phase II
proposals, which resulted in a great expense to the proposers. The County also
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engaged in detailed competitive negotiations which caused the proposers to expend
substantial time and effort in reviews of our draft comprehensive agreement. This work
went beyond what was originally envisioned by either staff or the proposers.
2. By encouraging competition throughout the process, the County was able to negotiate
substantial savings, in the magnitude of several million dollars, in the successful
Northrop-Grumman proposal. If PFC had withdrawn from the process, these savings
would have been far more difficult to realize.
3. One of the criticisms of the PPEA process statewide is that it discourages participation
from smaller and even mid-sized firms for larger PPEA projects due to the high upfront
costs and greater risks private sector firms must be willing to take to participate. We
believe that refunding the proposal fees would be a show of support to the smaller and
mid-sized development firms that we will treat all proposers fairly should the County
chose to use the PPEA process again in the future. We believe it is in our best interest
to encourage competition in PPEA projects and this refund will encourage greater
competition in the future.
Paul Mahoney, County Attorney, has reviewed this request and has determined that it is
within the discretion of the Board to determine whether to refund the deposit. Attached is a
memorandum outlining Mr. Mahoney's review of this request.
FISCAL IMPACT:
According to our procedures, Roanoke County could deduct from the $50,000 requested
refund any direct expenses incurred by the staff in reviewing the proposal. However,
considering that PFC helped greatly with the project design and definition and caused the
County to save considerable money, reducing the refund is not being suggested.
ALTERNATIVES:
1. Approve the refund in order to encourage participation in future PPEA projects
2. Do not approve the refund.
STAFF RECOMMENDATION:
In order to encourage future involvement in PPEA projects by small and mid sized firms,
staff recommends that the Board of Supervisors refund the full $50,000 to the Public
Facility Consortium. LLC. and appropriate these funds from the Minor County Capital Fund.
2
£-3
ROANOKE COUNTY ATTORNEY'S OFFICE
Roanoke County Administration Center
5204 Bernard Drive, S.W. - Room 431
Roanoke, V A 24018-0798
Phone 772-2007 - Fax 772-2089
MEMORANDUM
To:
Board of Supervisors
From:
Paul M. Mahoney
Date:
November 10, 2004
Subject:
Refund of PFC proposal review fee
The PFC Group is requesting that the County refund the $50,000 deposit that it
submitted for the Public Safety Building project. The Board will recall that
proposers of unsolicited PPEA projects must pay a $50,000 fee to cover the cost of
processing, reviewing, and evaluating any unsolicited proposal.
In April of 2003, the Board adopted certain procedures to govern how the
County would handle applications under the Public-Private Educational
Facilities and Infrastructure Act of 2002 (the PPEA). These procedures include
the attached provision with respect to the proposal review fee.
In reviewing PFC's proposal the County has expended more than the $50,000 fee
for out-of-pocket costs for attorneys and consultants. These out-of-pocket costs
do not include the other direct costs of County staff time required to evaluate,
review and respond to this proposal.
It is my understanding that the Board will consider PFC's request at its meeting
on November 16, 2004. It is within the sound discretion of the Board to
determine whether or not to refund all or a part of this $50,000 fee. Since the
County's direct costs for reviewing the PFC proposal exceed the $50,000 deposit,
the County is justified in retaining this fee and not refunding any or all of it to
PFC
PMMfsb
C:
Elmer C Hodge
t.-3
PUBLIC FACILITY CONSORTIUM LLC
November 10,2004
Richard Flora, Chairman
Roanoke County Board of Supervisors
5204 Bernard Drive, S.W.
Roanoke, Virginia 24018
Re: Roanoke County Public Safety Building and Radio System Upgrade
Dear Mr. Flora:
Public Facility Consortium LLC (PFC) would like to take this opportunity to thank the
County of Roanoke for its consideration and deliberation regarding the proposal
submitted for the new Public Safety Communications Center/Public Safety Building and
Radio System Upgrade.
As disappointed as our team was to learn that the project would not be awarded to PFC
the process was a learning experience for all who participated.
Please accept this letter as our official request that the deposit of $50,000 be refunded to
PFC. The total cost of participation and preparation of our competitive proposal by all
the members of our team was in excess of $750,000.
We wish the County of Roanoke the best in providing the Valley with the new Roanoke
County Public Safety Building and Radio System Upgrade.
Please keep our team in mind for any future projects.
Sincerely,
~~
--
Manager
ACTION NO.
ITEM NO.
(9-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
First reading of ordinance amending and re-enacting Section
19-4. Solicitinq prohibited durinq certain hours and at certain
locations. and enacting a new Section 19-28, Permit for Street
Solicitation of Article II, Chapter 19, Solicitors and Solicitations
of the Roanoke County Code to authorize a procedure for
permits for street solicitation by qualified charitable
organizations
SUBMITTED BY:
Joseph B. Obenshain
Senior Assistant County Attorney
Elmer C. Hodge tit
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Roanoke County Firefighters Association in conjunction with the Muscular Dystrophy
Association (MDA) is requesting these amendments to the County's current solicitation
permit restriction against solicitations on any public street. The request is made in order for
the Firefighters Association to conduct their annual "Fill The Boot" campaign at
intersections in the county. Statistics provided by MDA support the increased level of
contributions obtained by these organizations in localities which have permitted firefighters
to solicit contributions during duty hours which has typically involved their presence at
public intersections. The proposed amendments would require MDA to provide evidence
of substantial liability insurance coverage with the Board of Supervisors designated as a
named insured and also documentation of qualification as a Section 501 C (3)
organization. Solicitations by any qualifying organization would be limited to four (4) days in
any calendar year.
1
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FISCAL IMPACT:
No fiscal impact upon Roanoke County is anticipated. Some operational impact upon the
Roanoke County Police Department may be anticipated in order to monitor compliance by
a qualifying charitable organization with its permit and to insure that no impediment to
traffic is occurring at authorized solicitation locations.
ALTERNATIVES:
1. Adopt the proposed ordinance amendments to permit a qualified charitable
organization to solicit at authorized intersections for a maximum of four (4) days in
any calendar year.
2. Deny the proposed ordinance amendments and prohibit charitable organizations
from soliciting donations from motorists at intersections or elsewhere on public
roads in the county.
STAFF RECOMMENDATION:
Staff makes no recommendation regarding this item.
2
G-I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 7,2004
ORDINANCE AMENDING AND RE-ENACTING SEC. 19-4, SOLICITING
PROHIBITED DURING CERTAIN HOURS AND AT CERTAIN
LOCATIONS AND ENACTING A NEW SECTION 19-28, PERMIT FOR
STREET SOLICITATION OF ARTICLE II, CHAPTER 19, SOLICITORS
AND SOLICITATIONS OF THE ROANOKE COUNTY CODE TO
AUTHORIZE A PROCEDURE FOR PERMITS FOR STREET
SOLICITATION BY QUALIFIED CHARITABLE ORGANIZATIONS
WHEREAS, Section 19-4(b) of the Roanoke County Code currently makes it
unlawful for any individual or representative of a charitable organization to engage in
solicitation, as defined by the County Code, from any occupant of a motor vehicle on a
public road; and
WHEREAS, certain reputable charitable organizations have requested an
amendment to the Roanoke County Code to permit solicitation at intersections and
other locations on public roads for limited periods of time after filing an application,
paying a fee, and providing the County with evidence of adequate insurance coverage
and legal proof of their charitable status; and
WHEREAS, the first reading of this ordinance was held on December 7, 2004,
and the second reading and public hearing was held on December 21,2004.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as
follows:
1.
That Section 19-4. Soliciting prohibited during certain hours and at certain
locations, of Article I., IN GENERAL, of Chapter 19, SOLICITORS AND
SOLICITATIONS, of the Roanoke County Code be amended and re-enacted as follows:
(Ç-I
Sec. 19-4. Soliciting prohibited during certain hours and at certain
locations.
(a)
It shall be unlawful for any person to engage in solicitation in the county at
any time prior to 9:00 a.m. or after 9:00 p.m.
(b)
It shall be unlawful for any person to engage in solicitation from any
operator or passenger of a motor vehicle that is in traffic on a public road without a
permit for charitable solicitation from the County as outlined in Article II, Sec. 19-
21 to 19-28, Roanoke County Code. A public road shall include the areas of the
median and the public right-of-way along the curbside.
2.
That Section 19-28. Permit for Street Solicitation, of Article", Permit for
Charitable Solicitations, of Chapter 19, SOLICITORS AND SOLICITATIONS, of the
Roanoke County Code be enacted as follows:
Sec. 19-28. Permit for Street Solicitation.
The prohibition on soliciting from a vehicle on a public road set forth in Section
19-4(b), above, does not apply to a charitable organization, and its authorized solicitors,
which has applied for and been issued a permit under this section and which is in
compliance with all other provisions of this Chapter. In order to solicit contributions
while standing in a public road, a charitable organization must comply with the following
requirements:
(1 )
Not less that thirty (30) days prior to the date desired for beginning
solicitation, the charitable organization shall submit a complete application to the
Clerk of the Board of Supervisors for a charitable solicitation permit. In addition
to the information required by Sec. 19-22, the form shall require the charitable
2
G- t
organization to provide its full name; the name, address, and phone number of a
local point of contact for the organization; the desired date(s), time(s), and
specific location(s) for soliciting which shall be limited to not more than six (6)
intersections with a traffic control signal light; and the name, mailing address, and
phone number of each individual who will be engaged in solicitation activities on
behalf of such charitable organization. Further the charitable organization shall
provide an agreement or document whereby such organization shall indemnify
the county, its officers, employees and agents, and hold the county, its officers,
employees and agents, harmless from any and all claims, suits, demands,
damages, and attorney fees arising out of or related to the acts or omissions of
individuals or entities soliciting for such organization. The charitable organization
shall have an ongoing obligation to update or correct any information submitted
in its application for a solicitation permit so as to maintain all information in the
county's possession as accurate. The county may require such additional or
supplemental information as may be reasonably necessary to facilitate the direct
enforcement of this section and the purposes of this Chapter.
(2)
When submitting a completed application to the County, the charitable
organization shall also submit the following:
(a)
Written proof of general commercial liability and property damage
insurance coverage issued by a company authorized to conduct business
in the Commonwealth of Virginia
in the amount of not less than
$1,000,000 per occurrence that insures the organization and all individuals
and entities who may be soliciting on its behalf. The proof of insurance
3
ç'- )
shall include the Board of Supervisors of Roanoke County, Virginia, as an
additional insured and must specify that the insurance is primary over any
insurance which the County may carry or any provisions for self-insurance
by the county.
(b)
An application permit fee in the amount of $100.00 shall be payable
at the time the application is submitted. This fee shall be used to defray
the county's cost of processing the application and for insuring compliance
with the conditions of any permit issued through monitoring of the public
roads. An applicant will be notified in writing of the approval or denial of
their request within fifteen (15) days after the county's receipt of a
completed application. Within the county's discretion, a portion of this fee
may be refunded in the event a permit is denied.
(c)
Written proof that the applicant organization is a charitable
organization which has obtained qualification from the Internal Revenue
Service as a Section 501 C (3) entity under the Internal Revenue Code,
(3)
Additional solicitation activity restrictions shall include the following:
(a)
No more than one permit may be issued to an organization during
each calendar year, Permits shall be valid for a period of ninety (90) days
from the date of their issuance;
(b)
Solicitation upon a public road in the county pursuant to a permit
shall be authorized for no more than four (4) consecutive calendar days,
and shall be limited to the period from 9:00 a.m. until one half hour prior to
sunset, at the approved location(s) specified in the application and permit;
4
(c)
(;-1
Each individual solicitor shall have in his or her possession some
form of official identification with a photograph, such as a driver's license
and shall wear a high-visibility, reflective safety vest over their clothing at
all times;
(d)
A copy of the organization's solicitation permit shall be maintained
at each approved solicitation location;
and,
(f)
(e)
All solicitors must be at least eighteen (18) years of age or older;
No solicitor may impede traffic at any time; touching a vehicle or
reaching inside a vehicle without the consent of the occupants of the
vehicle shall be considered as impeding traffic;
(4)
Additional conditions for consideration of and issuance of permits:
(a)
In additional to the provisions of Sec. 19-24, an application for a
solicitation permit under this section may be denied or revoked, in whole
or in part, for the following reasons:
(I)
A solicitation permit has been issued to a charitable
organization, and is currently in force, for one or more of the
intersections at which the applicant seeks permission to solicit;
(/I)
In the opinion of the Chief of Police or his designee, approval
of the solicitation permit at one or more of the requested
intersections is determined to create a reasonable potential for
injury to solicitors, other pedestrians or vehicle occupants, or an
unreasonable potential for disruption to normal traffic flow;
5
G-J
( 1/1)
The applicant has made a false or materially misleading
statement on the application form or in any response to information
requested on behalf of the county; and
(IV)
A material violation of the solicitation permit granted under
this Section or any action by the organization or any individual
solicitor acting in its behalf which creates a clear and immediate
danger to public safety.
(b)
Issuance of any permit under this section shall not represent an
endorsement by the County of any charitable organization that the
permittee may represent nor any indication of supervision of or control
over the proceeds raised by the organization's charitable solicitations.
3.
That this ordinance shall be in full force and effect from and after its adoption.
6
ACTION NO.
ITEM NO.
G-~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY
ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
First reading of ordinance amending Article II, Taxes on
Tanqible Personal Property, Chapter 21-16, Returns. of the
Roanoke County Code, to change the date of filing tangible
personal property tax returns on motor vehicles and trailers
from thirty (30) days to sixty (60) days
SUBMITTED BY:
Nancy J. Horn
Commissioner of the Revenue
COUNTY ADMINISTRATOR'S COMMENTS:
~~~
BACKGROUND:
The owner of a motor vehicle or trailer shall file a personal property tax return
with the Commissioner of the Revenue as provided under Section 21-16 (d) of
the Code of Roanoke County within thirty (30) days of any of the following
events, for the year for which the tax is to be assessed:
(1) A change in the name or address of the person or persons owning taxable
personal property;
2) A change in the situs of the taxable personal property;
(3) A change in which a person acquires one or more motor vehicles and for
which no personal property tax return has been filed: or
(4) Any other change affecting the assessment or levy of the personal property
tax on motor vehicles and trailers for which a tax return has been previously
filed.
Any person who shall fail to file such return within thirty (30) days of the change
in situs or status as enumerated above in subsections (1), (2), (3) and (4) shall, in
addition to the tax to be paid, be assessed a penalty of 10% (ten) percent of the
tax due.
ç.~
SUMMARY OF INFORMATION:
Personal property tax returns filed by taxpayers reporting a change in the situs or
status of a motor vehicle or trailer require accurate supporting documentation for
proper assessment of the tax. The vehicle title or permanent registration
includes the information needed by the Commissioner of the Revenue to make
her assessment and is the preferred form of documentation.
The Commissioner of the Revenue does accept other forms of supporting
documentation for personal property tax returns. Specifically, temporary
registrations and bills of sales are examples of documentation oftentimes
provided by the taxpayer with his return, but neither is as accurate as the vehicle
title or permanent registration. Further, many taxpayers rely on dealerships to
register their vehicles with the Division of Motor Vehicles. In such cases,
although the dealerships have thirty (30) days to title the vehicle, the title and
permanent registration cards are not always received in time for such taxpayers
to comply with the personal property tax requirements without assessment of a
penalty.
Staff recommends amending the Roanoke County Code to change Section-21-
16(d) to allow returns of tangible personal property on motor vehicles and trailers
to be filed within sixty (60) days and allow assessment of a penalty for failure to
file such return within sixty (60) days. The amendment to the Code will assist the
Commissioner of the Revenue in providing more accurate assessments and
eliminate problems of incomplete, inaccurate and untimely returns. It will also be
an excellent customer service undertaking.
The first reading of this ordinance is scheduled for December 7, 2004; the
second reading is scheduled for December 21,2004.
FISCAL IMPACT:
The fiscal impact is unknown at this time.
STAFF RECOMMENDATION:
It is recommended that the Board favorably consider the adoption of this
ordinance.
2
c;.-~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, DECEMBER 7,2004
ORDINANCE AMENDING ARTICLE /I, TAXES ON TANGIBLE
PERSONAL PROPERTY, SECTION 21-16, RETURNS, OF THE
ROANOKE COUNTY CODE TO CHANGE THE DATE OF FILING
TANGIBLE PERSONAL PROPERTY TAX RETURNS ON MOTOR
VEHICLES AND TRAILERS FROM THIRTY (30) DAYS TO SIXTY (60)
DAYS
WHEREAS, Title 58.1-3518 of the Code of Virginia (1950), as amended, requires
every taxpayer owning any property subject to personal property taxation on January 1
of any year to file a personal property tax return with the commissioner of the revenue
on or before May 1 of each year, except as otherwise provided by ordinance; and
WHEREAS, Section 21-17(a) of the Roanoke County Code provides that County
taxes on tangible personal property (except tangible personal property on motor
vehicles, trailers and boats) shall be due from and after January 1 and payable on or
before May 31 during the year for which it is assessed; and
WHEREAS, Title 58.1-3518.1 (A) of the Code of Virginia (1950), as amended,
establishes that a local governing body may provide for an alternative method of filing
personal property tax returns for motor vehicles, trailers and boats; and
WHEREAS, Title 58.1-3518.1 (B) of the Code of Virginia (1950), as amended,
provides that any jurisdiction which adopts an alternative method may require the owner
of a motor vehicle, trailer or boat to file a new personal property tax return whenever
there is: (i) a change in the name or address of the person or persons owning taxable
personal property; (ii) a change in the situs of personal property; (iii) any other change
affecting the assessment or levy of the personal property tax on motor vehicles, trailers
or boats for which a tax return has been filed previously; or (iv) any change in which a
6--~
person acquires one or more motor vehicles, trailers or boats and for which no personal
property tax return has been filed; and
WHEREAS, Title 58.1-3916 of the Code of Virginia (1950), as amended,
establishes that a local governing body may provide by ordinance the time for filing
tangible personal property tax returns and set penalties for failure to file returns in time;
and
WHEREAS, Section 21-16 (d) of the Roanoke County Code establishes that
returns of tangible personal property on motor vehicles and trailers shall be filed within
thirty (30) days of the occurrence of any of the following events. for the year for which
the tax is assessed:
(1) A change in the name or address of the person or persons owning taxable
personal property;
(2) A change in the situs of the taxable personal property;
(3) A change in which a person acquires one or more motor vehicles and for
which no personal property tax return has been filed; or
(4) Any other change affecting the assessment or levy of the personal property
tax on motor vehicles and trailers for which a tax return has been previously filed.
WHEREAS, Section 21-16 of the Roanoke County Code further provides that
any person who shall fail to file a return within thirty (30) days of the occurrences of any
of the changes described in subsections (1), (2), (3), or (4) shall. in addition to the tax to
be paid, be assessed a penalty of ten (10) percent of the tax due; and
WHEREAS, the Board finds that amending Section 21-16 (d) of the Roanoke
County Code to permit the change of the date for filing of tangible personal property tax
2
G-~
returns on motor vehicles and trailers with a situs or status occurrence from thirty (30)
days to sixty (60) days and by changing the time from which any penalty will be
assessed thereon from thirty (30) days to sixty (60) days is necessary and appropriate
for the assessment of tangible personal property on motor vehicles and boats; and
WHEREAS, the first reading of this ordinance was held on December 7, 2004,
and the second reading was held on December 21,2004.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1.
That Article II, Taxes on Tanqible Personal Property. of Chapter 21,
Section 21-16, Returns is amended to read and provide as follows:
Sec. 21-16. Returns.
(d) Returns of tangible personal property on motor vehicles and trailers shall be
filed within tJ::Hfty (W) sixty (60) days of the occurrence of any of the following events, for
the year for which the tax is assessed:
(1) A change in the name or address of the person or persons owning taxable
personal property;
(2) A change in the situs of the taxable personal property;
(3) A change in which a person acquires one or more motor vehicles and for
which no personal property tax return has been filed; or
(4) Any other change affecting the assessment or levy of the personal property
tax on motor vehicles and trailers for which a tax return has been filed previously.
Any person who shall fail to file such return within tJ::Hfty (W) sixty (60) days of the
occurrence of any of the changes described in subsections (1), (2), (3), or (4) shall, in
3
addition to the tax to be paid, be assessed a penalty of ten (10) percent of the tax due.
1, 2005.
2.
That this ordinance shall be in full force and effect from and after January
4
G-d-..
ACTION NO.
ITEM NO.
H-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
Second reading of an ordinance authorizing conveyance of an
easement to Appalachian Power Company to provide electric
service to Virginia PCS Alliance, LC., d/b/a/ NTELOS, for a
3,400 sq. ft. tower site at the Hollins Fire Station on Barrens
Road, Hollins Magisterial District
SUBMITTED BY:
Anne Marie Green
Director of General Services
APPROVED BY:
Elmer C. Hodge £ 1f
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS: ~ ~
SUMMARY OF INFORMATION:
At the Board meeting on October 26, 2004, the Board of Supervisors approved leasing
property to Virginia PCS Alliance, LC, d/b/a Ntelos, at the Hollins Fire Station for
construction of a new communications tower. Currently, there is no power at that corner of
the County's property, and Ntelos needs electric service in order to construct and maintain
the tower.
AEP is requesting that the Board convey an easement for the purpose of ru nning power to
that corner of the property. The easement will run along the current driveway and is not
anticipated to interfere with County operations in any manner.
FISCAL IMPACT:
There is no fiscal impact to this request.
1
H-'
STAFF RECOMMENDATION:
Staff recommends that the Board approve the second reading of this ordinance authorizing
an easement to Appalachian Power Company at the Hollins Fire Station for the purpose of
providing electric power to a tower being constructing by Virginia PCS Alliance, LC, d/b/a/
Ntelos, and authorize the County Administrator or his designee to sign any necessary
documents.
2
H-I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER,
TUESDAY, DECEMBER 7,2004
ORDINANCE AUTHORIZING CONVEYANCE OF AN EASEMENT TO
APPALACHIAN POWER COMPANY THROUGH PROPERTY OWNED BY
THE ROANOKE COUNTY BOARD OF SUPERVISORS (TAX MAP #27.13-
4-1) TO PROVIDE ELECTRIC SERVICE TO VIRGINIA PCS ALLIANCE,
LC., DIBIA NTELOS, FOR A 3,400 SQ. FT. TOWER SITE AT THE
HOLLINS FIRE STATION ON BARRENS ROAD IN THE HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a
parcel of land, containing 2.51 acres, located at 7401 Barrens Road in the County of
Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map #27.13-
4-1, and commonly referred to as the Hollins Fire Station; and,
WHEREAS, by Ordinance #082404-9 adopted on August 24, 2004, the Board
approved a Special Use Permit for this project at the County site; and,
WHEREAS, by Ordinance #102604-7 adopted on October 26, 2004, the Board
approved a lease with NTELOS of a portion of the Hollins Fire Station Site to construct a
new telecommunications tower, with space available for the County's equipment and
facilities; and,
WHEREAS, in order to provide electric service to the tower site an easement is
required by Appalachian Power Company across County property; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including easements, shall be
accomplished by ordinance; the first reading of this ordinance was held on November 16,
2004; and the second reading was held on December 7,2004.
f1-1
THEREFORE, BE IT 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 interests in real estate to be conveyed are hereby declared to be surplus, and
are hereby made available for other public uses by conveyance to Appalachian Power
Company for the provision of electrical service in connection with the location of a new
telecommunications tower at the Hollins Fire Station, located at 7401 Barrens Road in the
County of Roanoke, Virginia, by Virginia PCS Alliance, LC, d/b/a NTELOS.
2.
That donation to Appalachian Power Company of an easement and right-of-
way for underground transmission lines and related improvements, within the "proposed 10'
easement area" on the County's property (Tax Map #27.13-4-1) as shown on APCO
Drawing No. V-1531, dated November 1, 2004, a copy of which is attached hereto as
Exhibit A, is hereby authorized and approved.
3.
That the County Administrator, or any assistant county administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
4.
That this ordinance shall be effective on and from the date of its adoption.
2
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I)'(AW¡NG rW. V-1531
ACTION NO.
ITEM NO.
H- ~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
Second reading of an ordinance approving a residential lease
at the Roanoke County Center for Research and Technology,
Catawba Magisterial District
SUBMITTED BY:
Anne Marie Green
Director of General Services
Elmer C. Hodge ~ rf
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMM~ ~
SUMMARY OF INFORMATION:
The Roanoke County Board of Supervisors acquired four dwellings as part of the
transaction for the property for the Center for Research and Technology. Three of the
houses have been demolished, but the fourth house, a log cabin, has been rented out until
recently. The cabin is located on Glenvar Heights Boulevard, at the far southeast corner of
the property, and the area behind it provides access to the CRT site in case of emergency.
In the past, when the cabin has been unoccupied, there was evidence of poaching activity
on the CRT site, as well as a break-in at the building. Staff believes that it is important to
keep the cabin occupied, which will increase security at the back entrance of the property.
The cabin was advertised for rent in the Roanoke Times. Staff interviewed all prospective
tenants who completed applications, and made a decision to offer the cabin to one
applicant based on a variety of factors, including rental and employment history, ability to
maintain the surrounding grounds, and number of occupants. The name of the applicant
has been filled in on the attached lease, along with dates for the rental term.
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In order to maintain upkeep at the cabin, the rental income in the past has been placed in a
special fund. This has worked well, and the fund was recently used to prepare the house
for new occupants. Because the well may have to be replaced in the near future and a
connection made to County sewer, Staff recommends that this funding mechanism be
continued.
FISCAL IMPACT:
The cabin will rent for $600.00/month, or $7200/year. This money will replenish the
maintenance account for the facility, and provide for future needs.
STAFF RECOMMENDATION:
Staff recommends that the Board approve this second reading of the ordinance and
authorize the County Administrator or his designee to sign the attached lease agreement.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, DECEMBER 7, 2004
ORDINANCE APPROVING THE RESIDENTIAL LEASE OF THE LOG
CABIN LYING GENERALLY IN THE SOUTHEAST CORNER OF THE
ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY
PROPERTY (TAX MAP NO. 54.00-1-2) IN THE CATAWBA MAGISTERIAL
DISTRICT OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY
WHEREAS, the Board of Supervisors of Roanoke County is the owner of a tract of
land containing 457.60 acres, and being located in the Catawba Magisterial District and
designated on the Roanoke County Land Records as Tax Map No.54.00-1-2, which is
being developed for economic development purposes as the Roanoke County Center for
Research and Technology; and,
WHEREAS, by Ordinance 031098-7, the Board of Supervisors authorized the
continued rental of the three residences on the property until such time as construction
would begin and require termination; and
WHEREAS, the leases for 5365 Glenmary Drive and 5393 Glenmary Drive were
terminated by the County, effective November 1, 1999, to permit commencement of
construction and,
WHEREAS, the log cabin at 4958 Glenmary Drive had been rented until recently;
and
WHEREAS, it would serve the public interest for the County to have the log cabin
occupied and maintained until such time as all or portions thereof may be needed for
economic development purposes; and,
WHEREAS, on December 2, 1997, the Board authorized creation of a self
balancing account entitled Glenn Mary Capital Account for acceptance of rent payments
and expenditure of the funds on maintenance of the property; and,
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WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on November 16,
2004; and the second reading was held on December 7,2004.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1.
That the County Administrator or an Assistant County Administrator is
hereby authorized to execute a lease agreement with Melinda W. Rector for the log
cabin residence having the address of 4958 Glenvar Heights Boulevard, from February 1,
2005, to January 31, 2006, thereafter continuing on a month to month basis, for a
monthly rental of $600.00 to be paid into the Glenn Mary Capital Account.
2.
That the County Administrator or an Assistant County Administrator is
authorized to execute said lease agreement on behalf of the Board of Supervisors of the
County of Roanoke and to execute such other documents and take such further actions
as are necessary to accomplish this transaction, all of which shall be upon form and
subject to the conditions approved by the County Attorney.
3.
That this ordinance shall be effective on and from the date of its adoption.
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THIS LEASE AGREEMENT, made and entered into this - day of_, 2004, by and
between THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, Grantor, herein
referred to as IlLandlord;1l and Melinda W. Rector, Grantee(s), herein referred to as
"Tenant"
WITNESSETH:
THAT in consideration of the mutual covenants contained herein, the Landlord and
Tenant hereby agree as follows:
LEASED PREMISES
Landlord hereby rents and leases to Tenant and Tenant hereby rents and hires from
Landlord, upon the conditions hereinafter set forth, the following real property, herein
referred to as Ilpremises," to-wit:
Residential dwelling and yard located at 4958 Glenvar Heights
Boulevard, Salem, Virginia, 24153, generally outlined on the
drawing attached hereto as Exhibit A.
TERM OF LEASE
The term of this lease shall commence on the 1st day of February, 2005, and shall
continue for one (1) year, until January 31st, 2006, unless sooner terminated as herein
provided. Beginning the 1st day of February, 2006, the term of this lease shall continue on
a month to month basis until one of the parties shall have given to the other party thirty
(30) days' written notice of the termination of this lease.
RENTAL
The Tenant shall pay as rent the sum of Six Hundred Dollars ($600.00) per month,
due and payable on the first (1st) day of each month, commencing on February 1st,
2005. Rent shall be deemed to be paid when received by John F. Patten, Facility Manager,
Department of General Services, 1216 Kessler Mill Road, Salem, VA, 24153, or at such
other place as the Landlord may from time to time designate in writing to the Tenant. In
the event a monthly payment is not received by the tenth (10th) day after which it is due,
Tenant agrees to pay as an additional charge or late fee the sum ofTen Dollars ($10.00).
Tenant further agrees to pay an additional fee of Twenty Dollars ($20.00) for all
checks returned for insufficient funds. If any of Tenant's checks are returned to Landlord
for insufficient funds, Landlord shall thereafter at any time have the option of requiring that
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all subsequent rent payments be made in cash, or be made by cashier's check, certified
check or money order.
All rental payments will be first applied to all past due balances and then to current
rental due. All checks shall be made payable to the County of Roanoke.
SECURITY DEPOSIT
Tenant agrees to pay the sum of Five Hundred Dollars ($500.00) as a security
deposit. This sum will be due when this lease is signed by Tenant. Prior to the termination
or expiration of this lease, if Landlord makes any deductions from the security deposit for
charges arising under this lease or by law, Tenant agrees to pay Landlord such sums as
may be necessary to offset such deductions to replenish and maintain the security deposit
in the amount set forth above.
The security deposit, with accrued interest, will be held by Landlord to secure
Tenant's full compliance with the terms of this lease.
Within thirty (30) days after the termination or expiration of this lease, Landlord may
apply the security deposit with interest to the payment of any damages Landlord has
suffered due to Tenant's failure to maintain the premises, to surrender possession of the
premises thoroughly cleaned and in good condition (reasonable wear and tear excepted),
or to comply fully with the terms of this lease, and the balance, if any, to unpaid rent.
Landlord shall provide Tenant with an itemized accounting, in writing, showing all
deductions. Within said thirty (30) day period, Landlord will give or mail to Tenant the
security deposit, with accrued interest and minus any deductions. To assist Landlord,
Tenant shall give Landlord written notice of Tenant's new address before Tenant vacates
the premises.
During the term of occupancy under this lease, if Landlord determines that any
deductions are to be made from the security deposit, Landlord will give written notice to
Tenant of such deduction(s) within thirty (30) days of the time Landlord determines that
such deduction should be made. This provision applies only to deductions made thirty (30)
days or more before the termination of this lease.
Landlord will maintain itemized records of all security deposit deductions, and these
records may be inspected by Tenant, his authorized agent, or attorney during normal
business hours. However, when two (2) years have passed from the time a deduction was
made, Landlord may destroy the record of such deduction.
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USE AND POSSESSION OF PREMISES
It is expressly agreed that the demised premises shall be used by Tenant exclusively
for residential purposes. The premises will be occupied by no persons other than persons
who have signed this lease as Tenant and such persons' children under the age of eighteen
(18) years.
An itemized list setting forth the existing defects to the premises, its equipment, and
appliances is attached hereto as Exhibit B. Tenant agrees to accept the premises,
equipment and appliances in their current condition and subject to said existing defects.
Tenant further agrees to exercise the appropriate care and accepts responsibility for
Tenant's belongings and personal property in consideration of the existence of such
defects.
SPECIAL CONDITION
Tenant acknowledges and understands that Landlord's acquisition and ownership of
the property is for purposes of economic development and this lease is entered into as an
interim measure for the proper care, maintenance, and occupancy of the premises. Tenant
specifically agrees to accept the premises with the understanding that Landlord plans to
commence construction activities as soon as may be feasible and that Tenant's rights to
use and occupy the premises shall be subject to all construction activities, including but not
limited to, construction and equipment traffic, land disturbance and dust, demolition of
outbuildings and sheds as may be necessary, construction noise, and any other potential
disturbances associated with construction activities.
EQUIPMENT AND APPLIANCES
The Landlord agrees that Tenant shall have use of the following equipment and
appliances: washer, dryer, refrigerator. electric stove, and dishwasher. Landlord
agrees to be responsible for repair or replacement of such equipment or appliances, at
Landlord's cost, and Landlord may elect whether to make repairs or to replace such
equipment or appliances. In the event, however, that any defect or damage is intentionally
or negligently caused by the Tenant or by Tenant's family, guests or invitees, Landlord shall
repair or replace the equipment or appliances at Tenant's expense.
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UTILITIES
Tenant shall, in Tenant's name and at Tenant's own cost and expense, pay all
charges for water, sewer, gas, electricity, heat, and any other utility charges incurred by
Tenant in the use of the leased premises. Tenant acknowledges receipt of the premises
with a full tank of heating oil, and agrees that, upon termination of this lease and prior to
return of Tenant's security deposit, the Tenant shall refill the oil tank. Landlord shall not be
liable in damages or otherwise if the furnishing by Landlord or any other supplier of any
utility service or other service to the leased premises shall be interrupted or impaired by
fire, accident, riot, strike, act of God, the making of necessary repairs or improvements, or
by causes beyond the control of the Landlord.
SERVICES
Covenants By Landlord
The landlord shall maintain the well water and septic systems, and all electrical,
plumbing, heating, and ventilation in good, safe and sanitary working condition, subject to
the covenants by Tenant hereinafter set forth. Landlord further agrees to comply with the
applicable building and housing code requirements materially affecting the health and
safety of the Tenant. The Landlord's failure to comply with the above requirements shall
not give rise to a right in the Tenant to terminate this lease Agreement, unless the Tenant
has given the landlord written notice of such defective condition and landlord has failed to
repair or cure the condition within thirty (30) days of the Landlord's receipt of such notice.
The Tenant may not terminate this Lease Agreement if Tenant, a member of Tenant's
family or an invitee or guest of Tenant intentionally or negligently causes a defective
condition. Such intentionally or negligently caused condition shall be promptly repaired at
Tenant's expense.
Covenants By Tenant
Tenant covenants and agrees to: (a) abide by all landlord's rules and regulations,
as may be applicable to the premises, and imposed or changed from time to time; (b) keep
the premises clean and safe; (c) use all electrical, plumbing, heating, ventilating and air
conditioning facilities and appliances in a safe and reasonable manner; (d) use the
fireplace in a safe and reasonable manner, provided such fireplace is operative and
functional, does not exhibit any defects, and appears to be in good working order upon
inspection by the Landlord at reasonable intervals; and (e) conduct themselves and their
family, and to require guests to conduct themselves, in a manner which will not disturb
Tenant's neighbors.
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Tenant shall not: (a) intentionally or negligently destroy, damage or remove any
part of the premises; (b) permit any person to intentionally or negligently destroy, damage
or remove any part of the Premises; (c) dispose of or permit spillage of any paint, waste
tires, petroleum or petroleum-based products, pesticides, herbicides or other hazardous
substances on or about the premises; and (d) keep any combustible materials on the
premises, nor do anything that might create a hazard of fire on the premises.
Tenant shall not: (a) change or add locks without notifying Landlord immediately
and providing Landlord with duplicate keys to such locks; (b) permit temperature in
dwelling to drop below 50 degrees Fahrenheit, in order to prevent the freezing of pipes; (c)
make any alterations, installations, or redecorations of any kind to the premises without the
prior written consent of the Landlord.
Tenant covenants and agrees to care for, and maintain fixtures, including but not
limited to: (a) replacement of light bulbs, fuses, water filters and furnace filters; (b)
clearing clogged pipes, toilets and drains; (c) removal of snow and ice from all walks,
steps, and drives from the state maintained portion of Glenvar Heights Boulevard; (d)
regular removal of all trash and garbage to the road for pickup.
During the term of this Lease Agreement, the Tenant shall give the Landlord prompt
written notice of any defects in or damage to the Premises, and all equipment, appliances
and fixtures provided by Landlord as hereinabove specified. In the event that further
damages occur between the time when Tenant discovers a defect and the time that Tenant
notifies the Landlord of the defect, Tenant shall pay the cost of repairing such additional
damage, unless such damage could not have been avoided had Tenant promptly notified
Landlord of the defect.
The Tenant shall notify the Department of General Services when sudden problems,
requiring immediate attention develop during business hours. If sudden maintenance
problems that constitute an emergency or require immediate attention or repair develop
during non-office hours, the Tenant shall contact the staff on the emergency phone
number. The telephone number for the Department of General Services is 540-387-6108
and the after-hours emergency telephone number is 540-561-8036, or such other number
(including a pager number) as may be provided in writing to Tenant by Landlord.
If the Tenant initiates maintenance for problems, for which the Landlord is
responsible pursuant to the terms of this agreement, without the approval of the
Department of General Services, the Tenant shall be responsible for the cost of such
repairs and maintenance; including labor, materials, supplies and any other associated
expenses. The Landlord will only authorize payment for maintenance and repair fees that
are performed or contracted by an employee of Roanoke County; the power or authority to
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make such decisions, maintenance and/or repairs must be vested in the employee by
Roanoke County.
Tenant agrees to pay all costs resulting from the intentional or negligent destruction,
damage or removal of any part of the premises by Tenant, any guest of Tenant, or other
persons on the premises with Tenant's consent, whether such persons are known to
Tenant or not.
WATER SUPPLY AND USAGE
Tenant recognizes that the well extends to a depth of fifty-seven (57) feet and may
be stressed during drought conditions and periods of high water consumption. The Tenant
must take adequate measures to ensure that sufficient water is available. Tenant should
avoid multiple activities that may stress the water supply within a short period of time.
Activities that stress the water supply include, but are not limited to, washing laundry,
washing vehicles and multiple showers.
During drought conditions, residents must regulate water activity and use all
necessary and proper water conservation techniques.
If at any time the well water appears murky or a odor is detected the Tenant should
discontinue use and contact the Department of General Services immediately.
GROUNDS
Tenant agrees to mow, trim, and rake the yard and otherwise maintain the grounds
in good and safe condition; trees and bushes shall be kept trimmed. Tenant further agrees
to mow and maintain the lawn at a reasonable height. The Tenant will have three (3) days
in which to completely mow the lawn if notified by the Landlord that the grass is
unreasonably high. Tenant agrees that grounds, porches and patios are to be kept clear
and unobstructed, that they shall not be used as storage facilities, and that no trash, tires,
or other debris shall be allowed to accumulate thereon. Tenant agrees to clean or have
cleaned the gutters, downspouts and drains, and to keep them free of leaves and other
debris. Tenant shall sweep and clean the basement area on a regular basis, to the degree
necessary to prevent the build-up of leaves and other debris in the outside drain next to
the entrance door. Any equipment which may be necessary to comply with the terms
hereof shall be provided by the Tenant.
PETS
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Tenant is permitted to keep the following described pets on the premises: one cat.
Any additional pets must be approved by the Landlord in writing. The Tenant shall be
liable for any and all damages caused by the pets.
INSPECTION AND ACCESS
Landlord may enter the premises for the following purposes: (1) to inspect to see if
the Tenant is complying with the provisions of this lease; (2) to make repairs, alterations,
or improvements; (3) to show the premises to prospective purchasers, mortgagees,
tenants, workmen or contractors. Such entries shall not be so frequent as to seriously
disturb the Tenant's peaceful enjoyment of the premises. Such entries shall take place
with reasonable prior notice to the Tenant; consent shall not be unreasonably withheld. If
the Landlord or its agent reasonably believes that an emergency exists which requires
immediate entry, such entry may be made without the Tenant's consent. The Tenant
agrees to allow access and occupancy to workmen for maintenance, repairs, or
improvements on or in the premises.
FAILURE TO PAY RENT; BREACH OF COVENANTS
In the event of: (a) the Tenant's material breach of this agreement, (b) the
Tenant's abandonment of the premises, (c) the filing of insolvency proceedings by or
against the Tenant or the appointment of a Receiver or Trustee of his property, (d) the
Landlord not receiving any payment of rent or other charge by the tenth day after which it
becomes due, (e) the Tenant's denial of any right reserved in this agreement to the
Landlord, (f) the institution of legal proceedings by or against the Tenant looking to a
disposition of the premises or any part thereof, (g) the use of the premises by the Tenant
or others for illegal purposes, or (h) a breach of Tenant's obligations under this agreement
involving or constituting a criminal or willful act, which is not remediable and which poses a
threat to health or safety, the Landlord shall have the right to: (1) enter and retain
possession of the premises by any lawful means and remove the Tenant and his effects by
unlawful entry or detainer proceedings; or (2) to sue for rent; provided that the Landlord's
recourse to any of these remedies shall not deprive him of any other action or remedy
permitted by law.
Should the Landlord pursue any such remedies, regardless of whether such action
shall be prosecuted to judgment, the Tenant shall be liable as follows:
1. For all installments of rent and other charges that are past due and for the
remainder of the term of this lease which shall immediately become due and payable;
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2. For all expenses that may be incurred by the Landlord for re-renting the
premises, including, but not limited to, brokerage, advertising, cleaning, repairing, and
redecorating expenses;
3. For any court costs incurred by the Landlord for possession of the premises or
for collection of unpaid rent or other charges under this agreement;
4. For reasonable attorney's fees incurred by the Landlord to obtain possession
of the premises or in the collection of rent, damages, or other charges where the Tenant's
breach of this lease agreement results from the Tenant's willful noncompliance.
If the Tenant has breached this lease agreement by failing to pay rent when due,
the Landlord shall give a written notice to the Tenant stating that the Lease will terminate
in ten (10) days if the rent is not paid. If the Tenant fails to pay rent within that ten-day
period, the Landlord may terminate this lease agreement and proceed to obtain possession
of the premises by filing an unlawful detainer proceeding, wherein the Landlord may
pursue a claim for rent and other damages.
If the Tenant's breach involves or constitutes a criminal or willful act, which is not
remediable and which poses a threat to health and safety, the Landlord may terminate this
lease agreement immediately and proceed to obtain possession of the premises by filing an
unlawful detainer proceeding, wherein the Landlord may pursue a claim for rent and
damages.
In connection with breaches other than the failure to pay rent or breaches involving
or constituting a criminal or willful act which poses a threat to health or safety, if a material
noncompliance with this lease agreement exists, or if there is a violation which materially
affects health and safety, the Landlord may serve upon the Tenant a written notice stating
the acts or omissions constituting the breach and stating: (a) that the lease agreement will
terminate upon a date not less than thirty (30) days after the Tenant receives the notice
unless the breach is remedied within twenty-one (21) days, and (b) that the lease will
terminate as set forth in the notice. If the breach is remediable by repairs or the payment
of damages and the Tenant adequately remedies the breach within twenty-one (21) days
or such longer period as the Landlord may specify in writing, the lease agreement shall not
terminate. However, in the event the breach is not remediable, the Landlord's written
notice to the Tenant may state the acts or omissions constituting the breach and state that
the lease agreement will terminate upon a specific date, which date shall not be less than
thirty (30) days from the date the Tenant receives the written notice.
LANDLORD'S BREACH OF COVENANTS
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In the event the Landlord fails to abide by the provisions of this agreement or
violates any requirement of state or federal law pertaining to this lease agreement, which
breach materially affects health and safety, the Tenant may serve a written notice on the
Landlord specifying the acts and omissions constituting the breach and stating that this
lease agreement will terminate upon a specific date not less than thirty (30) days after
receipt of the notice if such breach is not remedied within twenty-one (21) days. If the
breach can be remedied by repairs, and the Landlord adequately remedies the breach prior
to the date specified in the notice, this lease agreement will not be terminated, unless
Tenant or Landlord otherwise terminate as provided herein. The Tenant may not terminate
this agreement for a condition caused by the deliberate or negligent act of the Tenant, his
family or invitees. In addition, the Tenant may recover damages and reasonable attorney's
fees where permitted by law and obtain injunctive relief for the Landlord's failure to abide
by the provisions of this agreement. The Tenant's recourse to the remedies mentioned
above shall not deprive him of any other action or remedy permitted by law.
INJURY, DAMAGE OR DESTRUCTION
In the event of the destruction of the leased premises by fire, explosion, the
elements, or otherwise through no fault or negligence of the Tenant, or Tenant's family or
guests, or in the event of such partial destruction, damage or disrepair as to render the
premises unfit for occupancy, including but not limited to the complete failure of the
well/water supply on the premises, the term hereby created shall, at the option of either
party upon notice to the other, terminate as of the date of such damage, and the accrued
rent shall be paid up to the time of such damage. If neither party desires to terminate the
lease, the Landlord shall enter and repair the premises with reasonable speed and, if the
Tenant continues to occupy the premises for the duration of such repairs, the rent will be
reduced by a reasonable amount for the period during which the repairs are completed.
Tenant shall maintain his or her own hazard insurance policy and/or "renter's
insurance", at Tenant's expense, to protect Tenant and/or Tenant's personal property
against damage, injury or destruction from any cause whatsoever. Tenant shall be
responsible for obtaining such other insurance, including comprehensive public liability
insurance, as Tenant shall deem appropriate for adequate protection of his or her person or
property.
To the extent permitted by law, and not in limitation of Landlord's other rights and
remedies at law, Tenant agrees to indemnify Landlord against all claims, demands, and
liability for any loss, damage, injury or other casualty to person or property, whether that
of either of the parties hereto or of third persons, caused by Tenant's negligent or
intentional acts or omissions in connection with Tenant's use and occupancy of the
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premises, structures, equipment, appliances, or fixtures, or caused by Tenant's violation of
the terms of this lease agreement.
VACATING
Upon the expiration or termination of this Lease Agreement, the Tenant shall
completely vacate the premises, including the removal of all of his or her property. No
right of storage is given by this agreement and the Landlord has no duty to protect the
Tenant's possessions against loss. In the event the Tenant's property is not removed, the
Landlord may dispose of such property at his discretion, without liability to the Tenant for
damage or loss. The Tenant shall pay for all cost of removal of such property. Any item
left behind by the Tenant not claimed within thirty (30) days of the termination of this
lease agreement will be disposed of by the Landlord. Before departure, the Tenant shall
return all keys and shall turn over to the Landlord the premises and all its fixtures and
equipment in good and substantial repair, thoroughly cleaned and in sanitary condition,
reasonable wear and tear excepted. The Tenant agrees to pay for all repairs and cleaning
required as a result of extraordinary wear and tear. The Tenant shall allow the Landlord to
inspect the premises, and its contents, which inspection must be made within seventy-two
(72) hours of termination of occupancy.
CONDEMNATION
In the event that the leased premises or any part thereof shall be condemned or
taken for a public or quasi-public use, such as by the Virginia Department of Transportation
for the widening and improvement of Interstate 81, then, upon payment of any award or
compensation arising from such condemnation or taking, this lease shall terminate
immediately and Tenant shall be required to vacate the Premises. Tenant shall be entitled
to abatement of the rent and other such adjustment as might be just and equitable under
all the circumstances, but Tenant shall not, under any circumstances, be entitled to a
condemnation award for the value of his or her tenancy.
ASSIGNMENT
The Tenant shall not transfer or assign this lease agreement, or let or sublet the
whole or any part of the premises without the Landlord's prior written consent.
FAILURE TO ENFORCE NOT A WAIVER
Landlord's acceptance of rent or conduct by Tenant which is not in compliance with
Tenant's obligations under this Lease Agreement shall not be interpreted as a waiver of any
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subsequent breach or non-compliance by Tenant, and the terms and provisions of this
Lease Agreement shall remain in full force and effect. Tenant is hereby notified that
acceptance by Landlord of rent with knowledge of a material non-compliance by Tenant
shall not constitute a waiver of Landlord's rights to terminate this Lease Agreement for
such non-compliance.
NOTICES
All written notices required or permitted by this Lease Agreement may be delivered
in person or sent by certified mail, return receipt requested (postage prepaid) to the
Landlord or Tenant at the following addresses:
Landlord:
Board of Supervisors of Roanoke County
Attn: John F. Patten, Facility Manager
Department of General Services
1216 Kessler Mill Road
Salem, VA 24153
Tenant:
Melinda Rector
4958 Glenvar Heights Boulevard
Salem, Virginia 24153
REQUIRED LEAD-BASED PAINT DISCLOSURE
The certification as to Lead-Based Paint, required pursuant to the Lead-Based Paint
Hazard Reduction Act of 1992, signed by Landlord and Tenant is attached hereto as
Exhibit C. All improvements on the Premises were not constructed after January 1, 1978.
HEADINGS
The paragraph headings are for convenience only and do not alter or amend the
provisions of this Agreement.
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JOINT AND SEVERAL LIABILITY
If more than one person constitutes the "Tenant" hereunder, all persons signing as
Tenant shall be jointly and severally liable for all Tenant obligations set forth in this Lease
Agreement.
GOVERNING LAW; SEVERABILITY
This Lease Agreement shall be construed under the laws of the Commonwealth of
Virginia. Any provision of this Agreement that is prohibited by, or unlawful or
unenforceable under Virginia law shall be ineffective only to the extent of such prohibition
without invalidating the remaining provisions of this Lease.
This lease is executed by the County Administrator of Roanoke County by authority
of the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No.
adopted by said Board on the - day of ,2004.
WITNESS the following signatures and seals:
APPROVED AS TO FORM:
BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA
Landlord
(SEAL)
Paul Mahoney
County Attorney
Elmer C. Hodge
County Administrator
Tenant
(SEAL)
(SEAL)
State of Virginia,
County of Roanoke, to-wit:
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The foregoing instrument was acknowledged before me this day of
, 2004, by Elmer C. Hodge, County Administrator, on
behalf of the Board of Supervisors of Roanoke County, Virginia, Landlord.
Notary Public
My commission expires:
State of Virginia,
County/City of
, to-wit:
The foregoing instrument was acknowledged before me this
, 2004, by , Tenant.
day of
Notary Public
My commission expires:
13
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ACTION NO.
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ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
Appointments to Committees, Commissions and Boards
SUBMITTED BY:
APPROVED BY:
Diane S. Childers
Clerk to the Board
Elmer C. Hodge elf
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Roanoke Va/ley Area Metropolitan Planning Organization Community Advisory
Committee (CAC)
The late Lee B. Eddy served on this committee without a term limit. The County has
three representatives on this Committee and the Board is asked to appoint a citizen
and/or representative of the community, business, education, health care or civic
interests rather than staff members.
2. Roanoke County Planning Commission (Appointed by district)
The four-year term of AI G. Thomason, Windsor Hills Magisterial District, will expire on
December 31,2004.
J ( -12-
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 7, 2004
RESOLUTION 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:
1. That the certain section of the agenda of the Board of Supervisors for December
7, 2004, 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 12, inclusive, as follows:
1. Approval of minutes - November 16, 2004
2. Confirmation of committee appointment to Blue Ridge Behavioral Healthcare
3. Request to accept Great Glen Drive and Celtic Circle into the state secondary
road system
4. Request to approve amendments to the Bylaws of Blue Ridge Behavioral
Healthcare
5. Request from the Library to accept and appropriate funds in the amount of
$1,385 from the Bill and Melinda Gates Foundation to purchase a computer
6. Request from the Library to accept and appropriate funds in the amount of
$15,100 from the Friends of the Library
7. Request from the Fire and Rescue Department to accept and appropriate a
grant in the amount of $6,924 from the Virginia Department of Health for the
purchase of extrication equipment
8. Request from the Fire and Rescue Department to accept and appropriate a
grant in the amount of $13,000 from the Virginia Department of Health for the
purchase of cardiac heart monitors
1
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9. Request to concur in the adoption of mandatory water and sewer connection
policy by the Western Virginia Water Authority
10. Request from Parks, Recreation & Tourism Department to accept and
appropriate $20,792 from the Commonwealth of Virginia for reimbursement for
expenses incurred for the construction of the Wolf Creek Greenway
11. Request from the Treasurer to amend the existing banking services contract with
SunTrust to allow for lock box operation
12. Request to approve an agreement with Clearbrook Volunteer Fire Department
regarding disposition of vehicles and outstanding loan balances
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.
2
ACTION NO.
:J-;t..
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
Confirmation of committee appointment to Blue Ridge
Behavioral Healthcare
SUBMITTED BY:
Diane S. Childers
Clerk to the Board
Elmer C. Hodge ~ If
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Blue Ridae Behavior Healthcare
At the November 16, 2004 Board meeting, Supervisor Flora nominated Roger Laplace to
serve an additional three-year term which will expire on December 31,2007.
STAFF RECOMMENDATION:
It is recommended that the above appointment be confirmed.
ACTION NO.
ITEM NO.
:J-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
Acceptance of Great Glen Drive and Celtic Circle into the State
Secondary System
SUBMITTED BY:
Arnold Covey
Director of Community Development
Elmer C. Hodge £)f
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~ cvr~
SUMMARY OF INFORMATION:
Cooper Construction, developer of The Highlands Section 1 and 2, requests that the Board
of Supervisors approve a resolution to the Virginia Department of Transportation
requesting that they accept 0.19 mi. of Great Glen Drive from its intersection with
Alleghany Drive (Route 640) west to its intersection with Celtic Circle, 0.10 mi. of Celtic
Circle from its intersection with Great Glen Drive south to its cul-de-sac, and 0.14 mi. of
Celtic Circle from its intersection with Great Glen Drive north to its cul-de-sac. Roanoke
County staff has inspected this road along with representatives from the Virginia
Department of Transportation (VDOT) and find the road acceptable.
FISCAL IMPACT:
No county funding is required.
ALTERNATIVES:
1)
Approve the resolution requesting that VDOT accept Great Glen Drive and Celtic
Circle into the State Secondary System
2)
Do not approve the resolution and leave Great Glen Drive and Celtic Circle as
private roads.
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STAFF RECOMMENDATION:
Staff recommends that the Board approve the resolution accepting Great Glen Drive and
Celtic Circle into the State Secondary System.
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THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING
ON THE 7TH DAY OF DECEMBER 2004, ADOPTED THE FOllOWING:
RESOLUTION REQUESTING ACCEPTANCE OF GREAT GLEN DRIVE AND
CELTIC CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM
WHEREAS, the street described on the attached Addition 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
Subdivision Street Requirements of the Virginia Department of Transportation,
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's Subdivision Street Requirements, 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 this resolution be
forwarded to the resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved by:
Seconded by:
Yeas:
Nays:
A Copy Teste:
Diane Childers, Clerk
Roanoke County Board of Supervisors
pc:
Arnold Covey, Director, Department of Community Development
Virginia Department of Transportation
File
.~
Form SR-5(^) (2/l/93)
~\1ïffìfl[JIT ,
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5fCOHOAIIY IIOAOSQ!'¿.
ADDITIONS FORM SR-5(A) . Proposed AddlUam~ la Ihe SecandDry Syslem af SIDle HIQhways
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CERTIFICA110N OF A1TACHMENT
This at\àchmenlls ctJf1lfled as a part 01 the document Indlcelød obOlle;
p1,mo and lid')
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METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A
COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT
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1.53 Ac.
3,36 Ac.
23.91 Ac.
It
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Length: 0.1877 Miles
No. of Homes Served: 20
TAX MAP NO.___.??-=-~~-------
1 "=200'
SCALE:____------
PLAT SHOWING
Aceceptance of Great Glen into
the Virginia Department of Transportation Secondary System
PREPARED BY: ROANOKE COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
DATE:_lJ-=-J~=Q4
METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A
COMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT
~~
1 .53 Ac.
~--
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3.36 Ac.
23.91 Ac.
"
10
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V'
J6
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Length: 0.1045 Miles
No. of Homes Served: 13
55.06
TAX MAP NO.____-----------
1"=200'
SCALE:_---------
PLAT SHOWING
Aceceptance of Celtic Circle into
the Virginia Department of Transportation Secondary System
PREPARED BY: ROANOKE COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
DATE: _1.J-=-J~=Q 4
METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A
éOMPOSITE OF DEEDS, PLATS, AND CALCULATED INFORMATION AND DO NOT REFLECT
~~
1,53 Ac.
J"-3
3,36 Ac,
23.91 Ac.
11
10
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~
J6
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Length: 0.1352 Miles
No. of Homes Served: 18
TAX MAP NO.___~~.:...~~-------
1 "=200'
SCALE :_---------
PLAT SHOWING
Aceceptance of Celtic Circle into
the Virginia Department of Transportation Secondary System
PREPARED BY: ROANOKE COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
D ATE : _ll.::-j~=Q 4
ACTION NO.
S-t
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
Request to approve amendments to the Bylaws of Blue
Ridge Behavioral Healthcare
SUBMITTED BY:
Paul M. Mahoney
County Attorney
co U NTY ADMI NI STRA TOR'S COM MENTS: ~ ~
SUMMARY OF INFORMATION:
The Board is requested to approve the amendments to the by-laws of Blue Ridge
Behavioral Healthcare, a Community Services Board (CSB) formed under and governed
by Section 37.1-194 et. seq. of the Code of Virginia. The amended bylaws require the
approval of the governing bodies of the political subdivisions that participate in the CSB,
The amendments and additions to the bylaws are summarized as follows:
1. Division of Duties between "Board" and "Orqanization". The CSB is an operating
community services board pursuant to Virginia Code Ann. § 37,1-194. Section 36.1-
194.1 which defines "operating community services board," however, fails to make a
distinction between the board of directors appointed by the participating political
subdivisions and the organization that provides services to consumers. In article I,
Section I, the amended bylaws have delineated the difference between the "board"
which is composed of individual persons appointed by the governing bodies of the
participating political subdivisions and the "organization" which provides services to
consumers. The power and duties of the CSB Board are set forth in Article IV, and the
powers and duties of the organization are set forth in Article V.
2. Past Chair as Ex-Officio Member. Language have been added to Article I,
Section \, to provide that, if the immediate past chairman of the Board is not reappointed
to the Board because of three year term limit, he or she, nevertheless will serve as an
advisor to the Board for an additional one year term. This addresses a continuity issue.
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3. Board Composition. Article III clarifies the various compositional requirements of
the Board and establishes a process to assist in the appointment of members who have
the characteristics required by the State Code. There is no change in the number of
members appointed by the Board by each participating political subdivision. Article III,
Section 3.b. includes the State Code requirement that one-third of the Board members
be consumers receiving services or family members of consumers, Article III, Section
3.c. sets out the State Code requirement that local government officials shall not
comprise a majority of the Board nor shall any local government appoint more than two
of its officials to the Board. The Amended bylaws includes the State Code prohibition
against employees or board members of organizations receiving funding from the CSB
being appointed to serve on the Board.
4. Deleqation of Authority. Virginia Code Ann. § 37.1-197sets out the powers and
duties of an operating community services board. The State Code is, however, unclear
as to which and to what extent the delegated duties and responsibilities require the
approval of the participating political subdivisions. Article IV clarifies that the CSB may
make all delegated decisions on its own behalf (such as the decision to accept or refuse
gifts and to borrow money) without obtaining approval from each of the individual
political subdivisions each time such a decision is to be made. There is no change in
the requirement that the CSB/s annual performance contract be approved by the
governing body of each participating political subdivision or in the requirement that the
financial records of the CSB be audited annually by an independent auditor.
Attached to this report is a copy of the amended bylaws.
STAFF RECOMMENDATION:
It is recommended that the Board favorably consider the approval of the amended
bylaws of Blue Ridge Behavioral Healthcare by the adoption of the attached resolution.
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 7,2004
RESOLUTION RATIFYING AMENDMENTS TO THE BYLAWS OF
BLUE RIDGE BEHAVIORAL HEAL THCARE
WHEREAS, the Board of Blue Ridge Behavioral Healthcare has unanimously
approved Amended and Restated Bylaws (the "Amended Bylaws") and has requested
that the governing body of each political subdivision participating in Blue Ridge
Behavioral Healthcare ratify the Amended Bylaws which are attached to the Resolution
as Exhibit A; and
WHEREAS, the County of Roanoke is a participating political subdivision in Blue
Ridge Behavioral Healthcare, and this Board desires to grant the requested ratifications.
NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County that this Board hereby ratifies the Amended Bylaws of Blue Ridge Behavioral
Healthcare, a copy of which are attached to this Resolution as Exhibit A.
EXHIBIT A
S-~
AMENDED AND RESTATED BYLAWS
of
BLUE RIDGE BEHAVIORAL HEALTHCARE
(effective August 5, 2004)
ARTICLE I - INTRODUCTORY STATEMENTS
Section 1. Background. Blue Ridge Behavioral Healthcare is an Operating
Community Services Board formed pursuant to and governed by the provisions of
Section 37.1-194 et. seq. of the Code of Virginia (the "Code"). As described in 37.1-
194.1 of the Code, the term "Community Services Board" denotes both "the board, the
members of which are appointed" by the governing body of the local political
subdivisions which established it, and the "organization which provides, . . services,
through its own staff or through contracts with other providers." For purposes of clarity,
all further references herein to the "Board" shall refer to "the board, the members of
which are appointed" by the governing body of the local political subdivisions which
established it, and all further references to "Blue Ridge Behavioral Healthcare" shall refer
to the "organization which provides. . . services, through its own staff or through
contracts with other providers."
Section 2. Statement of Authority. Pursuant to the authority granted by 37.1-
197(A)(5) of the Code, these Amended and Restated Bylaws constitute a partial
statement of the rules, policies, and regulations concerning the rendition and operation of
services and facilities under the direction or supervision of the Board and Blue Ridge
Behavioral Healthcare,
ARTICLE II - PURPOSE
Section 1. To serve as an Operating Community Services Board formed pursuant to
Section 37.1-194 et. seq. of the Code of Virginia, providing a system of comprehensive
community mental health, mental retardation and substance abuse services for the benefit
and under the control of the Cities of Roanoke and Salem, and Counties of Botetourt,
Craig, and Roanoke ("Local Political Subdivisions").
Section 2.
To relate and integrate existing and planned programs.
Section 3. To assure quality service and continuity of care in the areas of emergency
services, case management, prevention, case finding, consultation, diagnosis, treatment,
care, training, prescreening, case and rehabilitation by the establishment of new programs
under direct administration of Blue Ridge Behavioral Healthcare and the Board 'Yhere
current programs are nonexistent or inadequate, or by entering into affiliatory agreements
with agencies already providing services for the enhancement of those services, or for the
creation of such services.
13742/4/1147902.4
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Section 4. To provide continuing education to the public, ongoing research, training
of persormel and evaluation of ongoing programs.
ARTICLE HI - MEMBERSHIP ON THE BOARD
Section 1.
Number. Membership on the Board shall number 16.
Section 2, Manner of Appointment. The Councils of the Cities of Roanoke and
Salem, and the Board of Supervisors of the Counties of Botetourt and Roanoke, shall
each appoint three Members of the Board, while the County of Craig shall appoint one
Member of the Board (the "Local Political Subdivisions Appointees"). The Board shall
further nominate three persons to serve as Members of the Board ("Board Nominees"),
who must be appointed by the five Local Political Subdivisions in the manner provided in
Section S.b of this Article ("Board Nominee Appointees") (Local Political Subdivision
Appointees and Board Nominee Appointees are hereinafter collectively referred to as
"Appointees"). Furthermore, if the immediate past Chairman of the Board is not
reappointed as an Appointee by virtue of the fact that he is ineligible to serve another
term pursuant to Section 4 of this Article, then he shall serve as an advisor to the Board
for an additional one year term and shall be entitled to attend all Board meetings.
Section 3.
Composition of the Board.
a. In General. The Local Political Subdivisions shall endeavor to appoint
Appointees and the Board shall endeavor to nominate Board Nominees which are broadly
representative of the Local Political Subdivision communities.
b. Persons Specifically Included. Notwithstanding the generality of the
forgoing, at anyone time, one-third of the Board Members shall be identified consumers
receiving services ("Consumers") or family members of Consumers ("Family Members
of Consumers"), and at least one Board Member shall be a Consumer.
c. Local Political Subdivision Official Representation on Board. The Board
shall not be composed of a majority of local government officials (whether elected or
appointed) (both, "Local Political Subdivision Officials"), nor shall any Local Political
Subdivision be represented by Appointees to the Board by more than two Local Political
Subdivision Officials of such Local Political Subdivision. The former requirement shall
hereinafter be referred to as the "Less Than Majority Requirement," while the latter shall
be referred to as the "No More Than Two Requirement." .
d. Nongovernmental Service Provider Representation on Board. In general,
no employee or board member of an organization which receives funding from Blue
Ridge Behavioral Healthcare shall be appointed a Member of the Board; however,
nothing shall preclude any member of the Board from serving as an officer, employee,
board member, or in any other capacity for Blue Ridge Behavioral Healthcare, Inc., The
Roanoke Mental Hygiene Service, Incorporated, nor any other similar organization
organized and controlled by the Board, Blue Ridge Behavioral Healthcare, or its Board
13742/411147902.4
2
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Members which exists to support Blue Ridge Behavioral Healthcare, nor shall such status
as an officer, employee, board member, or the like of such an organization prevent such
person from serving on the Board.
Section 4. Term. Each Board Member shall serve for a term of three years, which
term shall begin on the first day of January of the year of appointment. The Board
Members' terms shall continue to be staggered in an effort to ensure that no more than six
Board Members' terms expire in any given year. No person shall be eligible to serve as a
Board Member for more than three successive three-year terms, provided that a person
who is appointed to fill a vacancy on the Board may serve three additional successive
terms after the term in which the vacancy was created terminates.
Section 5.
Mechanics of Appointment.
a. Local Political Subdivision Appointees. Three months prior to the natural
expiration and immediately upon the unexpected expiration (death, disability, and the
like) of the term of a Board Member who is a Local Political Subdivision Appointee, the
Board shall notify the Local Political Subdivision which appointed him of:
(i)
(ii)
(iii)
(iv)
the date on which such Board Member's term will expire or has expired;
the number of successive terms that the Board Member will be eligible to
serve upon the termination of the Member's current term;
the number of Consumers and Family Members of Consumers who will be
required to be appointed to the Board upon termination of the Member's
current term;
the number of Local Political Subdivision Officials who will be eligible to
be Members of the Board pursuant to the Less Than Majority
Requirement, and the number of Local Political Subdivision Officials that
such Local Political Subdivision will be eligible to appoint pursuant to the
No More Than Two Requirement, both as of the expiration of the
Member's current term;
(v)
any such other attributes which the Board Members may be required by
the Code to have; and
(vi)
a recommendation by the Board as to. the attributes that such Local
Political Subdivision Appointee shall have in order to comply with the
provisions of this Article and the Code.
The Local Political Subdivision who nominated such Board Member whose term has
expired or will expire shall thereafter promptly appoint a person who is eligible to serve
on the Board pursuant to the provisions of this Article and the Code to fill such vacancy
as of the date on which such term has expired or will expire.
13742/4/1147902.4
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b. Board Nominee Appointees. Three months prior to the natural expiration
and immediately upon the unexpected expiration (death, disability, and the like) of the
tenn of a Board Member who is a Board Nominee Appointee, the Board shall convene to
discuss the attributes that a Board Member who replaces such other Board Member will
likely need to possess in order to comply with the provisions of the Article and with the
Code, considering all of the facts and circumstances. After due consideration, the Board
shall, by majority vote, nominate a person to fiU such vacancy as of the date on which
such tenn has expired or will expire (a "Board Nominee"). The Board shall submit the
name of such Board Nominee to each of the Local Political Subdivisions. If each Local
Political Subdivision approves such Board Nominee, the Board Nominee shall be deemed
appointed by all of the Local Political Subdivisions, If any Local Political Subdivision
disapproves such Board Nominee, it shall provide the Board and each other Political
Subdivision a written explanation for such disapproval. The Board shall then convene
again, and after due consideration, nominate a second person to fill such vacancy (the
"Second Board Nominee"). The Second Board Nominee shall be deemed nominated by
all Local Political Subdivisions upon approval by a majority of the Local Political
Subdivisions. If the Local Political Subdivisions do not by majority vote approve of the
Second Board Nominee, the Board shall continue to nominate persons until a majority of
the Local Political Subdivisions does so approve.
Section 6.
Removal.
a. Local Political Subdivision Appointees. Any Board Member who is a
Local Political Subdivision Appointee may be removed for cause by the Local Political
Subdivision which appointed him after he is given a written statement of the causes for
his removal, and an opportunity to be heard by the Local Political Subdivision which
appointed him and/or, at his election, the Board.
b. Board Nominee Appointees. Any Board Member who is a Board
Nominee Appointee may be removed for cause by majority vote ofthe Local Political
Subdivisions after he is given a written statement of the causes for his removal, and an
opportunity to be heard by the Local Political Subdivisions and/or, at his election, the
Board.
ARTICLE IV - POWERS AND DUTIES OF THE BOARD
The Board shall have the following powers and duties:
Section 1. To review and evaluate all existing and proposed public community
mental health, mental retardation, and substance abuse services and facilities available to
serve the communities of the Local Political Subdivisions, and to review and evaluate any
private services and facilities which receive funds ftom Blue Ridge Behavioral
Healthcare, and to advise the City Councils and Boards of Supervisors of the Local
Political Subdivisions as to its findings.
13742/411147902.4
4
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Section 2. To review and evaluate programs either operated directly by Blue Ridge
Behavioral Healthcare or through contractual agreements to ensure the adequacy of
service, confoTI11ance to standards accepted, and make certain that community needs for
mental health, mental retardation and substance abuse services are being met.
Section 3. To appoint an Executive Director of Blue Ridge Behavioral Healthcare
(the "Executive Director") whose qualifications meet the standards fixed by the
Department and prescribe his duties. The compensation of such Executive Director shall
be fixed by the Board and within the amounts made available by appropriation therefor.
Section 4. To set performance objectives and evaluation criteria for the Executive
Director, who will be responsible directly to the Board for all aspects of programs
directly and indirectly under the purview of the Blue Ridge Behavioral Healthcare.
Section 5. To direct Blue Ridge Behavioral Healthcare to accept or refuse gifts,
donations, bequests or grants of money or property from any source, and to cause Blue
Ridge Behavioral Healthcare to utilize the same as authorized by the Board, it being the
intent of the Local Political Subdivisions to presently and expressly authorize the Board
to make all such future decisions on behalf of Blue Ridge Behavioral Healthcare.
Section 6. It being the intent of the Local Political Subdivisions to presently and
expressly authorize the Board to make all such future decisions on behalf of Blue Ridge
Behavioral Healthcare (subject to the limitations provided for in Article VI, Section 1
hereof), upon recommendation of the Budget and Finance Committee, to cause Blue'
Ridge Behavioral Healthcare:
a.
to borrow money (including maintaining a line of credit sufficient to
maintain the day-to-day operations of the programs under its jurisdiction);
b.
to guarantee the obligations of The Roanoke Mental Hygiene Service,
Incorporated or Blue Ridge Behavioral Healthcare, Inc., both of which are
Virginia non-stock corporations controlled by the Board and which
operate to support the mission of Blue Ridge Behavioral Healthcare; and
c.
to enter into such other similar arrangements which support the objectives
and purposes of Blue Ridge Behavioral Healthcare.
Section 7. To cause Blue Ridge Behavioral Healthcare to disburse funds (in any
manner deemed appropriate, whether by loan, grant, or otherwise) in furtherance of its
purposes or in the exercise of its powers or duties, it being the intent of the Local Political
Subdivisions to presently and expressly authorize the Board to make all such future
decisions on behalf of Blue Ridge Behavioral Healthcare,
Section 8. To take and cause Blue Ridge Behavioral Healthcare to take all necessary
and appropriate actions to maximize the involvement and participation of consumers and
13742/4/1147902.4
5
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family members of consumers in policy formulation and services planning, delivery, and
evaluation.
Section 9. To generally direct and supervise Blue Ridge Behavioral Healthcare's
operations and the exercise by it of its powers and duties provided for in Article V hereof
and by the Code, to the extent determined reasonable by the Board, or as recommended
by the Local Political Subdivisions.
Section 10. To generally take any such actions which are reasonably related to any of
the forgoing and which are consistent with Blue Ridge Behavioral Healthcare's purposes
identified in Article II hereof.
ARTICLE V - POWERS AND DUTIES OF BLUE RIDGE BEHAVIORAL
HEALTHCARE
Section 1. To be the sole recipient of local tax funds to be matched by State and/or
Federal funds for the mental health, mental retardation and substance abuse services
programs and to have authority for the expenditure of all said local tax funds allocated to
it.
Section 2. To submit to the governing body of each Local Political Subdivision an
annual performance contract for community mental health, mental retardation and
substance abuse services (the "Annual Performance Contract") for approval by each such
Local Political Subdivision prior to submission of the Annual Performance Contract to
the Virginia Department of Mental Health, Mental Retardation and Substance Abuse
Services (the "Department").
Section 3. Within amounts appropriated therefor, to execute such programs and
maintain such services as may be authorized under such Annual Performance Contract.
Section 4. In accordance with its Annual Performance Contract, enter into contracts
with other providers for the rendition or operation of services or facilities.
Section 5. To make further rules or regulations concerning the rendition or operation
of services and facilities under its direction or supervision, subject to these Amended and
Restated Bylaws and applicable standards or regulations of the Department.
Section 6. To prescribe a reasonable schedule of fees for services provided by
personnel or facilities under the jurisdiction or supervision of Blue Ridge Behavioral
Healthcare and for the manner of collection of same; provided, however, that all collected
fees shall be included in the Performance Contract submitted to the Local Political
Subdivisions and provided, further, that such collected fees shall be used only for the
provision of community mental health, mental retardation and substance abuse services.
Section 7. To ensure that the financial records of Blue Ridge Behavioral Healthcare
are audited annually by an independent auditor approved by the Director of Finance of
13742/4/1147902.4
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s.y
the City of Salem, and that the auditor's report is submitted to the Local Political
Subdivisions and to the Department.
Section 8. To develop joint annual written agreements, consistent with policies and
procedures established by the Virginia Mental Health, Mental Retardation and Substance
Abuse Services Board (the "State Board"), with local school divisions; health
departments; boards of social services; housing agencies, where they exist; courts;
sheriffs; area agencies on aging; and regional Department of Rehabilitative Services
offices (the "Participating Agencies"). The agreements shall specify what services will
be provided to consumers, and Blue Ridge Behavioral Healthcare shall make best efforts
to cause each of the Participating Agencies to develop and implement the agreements and
to review them annually.
Section 9. To generally take any such actions which are reasonably related to any of
the forgoing and which are consistent with Blue Ridge Behavioral Healthcare's purposes
identified in Article II hereof, or which are otherwise expressly or impliedly required by
the Code, it being the intent of the Local Political Subdivisions which have adopted these
Amended and Restated Bylaws that all powers not expressly reserved herein to the Local
Political Subdivisions or to the Board are granted to Blue Ridge Behavioral Healthcare.
ARTICLE VI - POWERS EXPRESSLY NOT GRANTED
Neither the Board nor Blue Ridge Behavioral Healthcare shall have the power to bind the
current or any future governing body of the Local Political Subdivisions, or the Local
Political Subdivisions themselves, for any debt or other obligation of Blue Ridge
Behavioral Healthcare.
ARTICLE VII - OFFICERS
Section 1. The Officers of the Board shall be Chainnan, Vice-Chainnan, Treasurer
and Secretary.
Section 2.
The duties of the Chainnan shall be:
a.
To preside at all meetings of the Board and the Executive Committee.
b.
To appoint all committees deemed necessary for the operation of the
Board as authorized by the Board.
c.
To work closely with the Executive Director and staff.
d.
To perform any other duties detennined by the Board.
Section 3.
The duties of the Vice-Chairman shall be:
a.
To perform the duties of the Chainnan in his/her absence.
13742/4/1147902.4
7
Section 4.
SectionS.
.J- V
b.
To perform any other duties as assigned by the Board or the Chairman.
The duties of the Treasurer shall be:
a.
To perform the duties of the Chairman in the absence of the Chairman and
the Vice-Chairman.
b.
To serve as Chairman of the Budget and Finance Committee.
c.
To perform any other duties as assigned by the Board or the Chairman.
The duties of the Secretary shall be:
a.
To perform the duties of the Chairman in the absence of the Chairman, the
Vice-Chairman, and the Treasurer.
b.
To ensure that accurate records of all Meetings of the Board are
maintained.
c.
To perform any other duties as assigned by the Board or the Chairman.
ARTICLE VIII - NOMINATIONS, ELECTION, AND TERMS OF OFFICE
Section 1. A Nominating Committee will be appointed by the Board in time to make
recommendations to the Board with regard to a slate of prospective Board officers at least
30 days prior to the end of each calendar year.
Section 2. The Board shall elect its officers at the last meeting preceding the new
calendar year.
Section 3. The term of office shall begin on January 1 and shall be for one year. No
officer may serve more than two consecutive terms in the same office. A majority of
those present and voting shall constitute an election.
Section 4.
Section 1.
Any vacancy occurring in the officers shall be filled by the Board.
ARTICLE IX - MEETINGS OF THE BOARD
Regular meetings shall be held at a time to be determined by the Board.
Section 2, Special meetings may be called by the Chairman or upon written request
of three Members of the Board.
Section 3. The quorum for all Board meetings shall be six Members, including one
officer of the Board.
13742/411147902.4
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Section 4.
The Executive Committee shall meet at the discretion of the Chainnan.
Section 5. The quorum for all Executive Committee meetings shall be a majority of
the Committee.
ARTICLE X - EXECUTIVE COMMITTEE
Section 1. The elected officers of the Board and the immediately preceding Chairman
of the Board shall constitute the Executive Committee. In addition, if no Local Political
Subdivision Appointee appointed by a given Local Political Subdivision has been elected
an officer of the Board (the "Unrepresented LoGal Political Subdivision"), then one Local
Political Subdivision Appointee appointed by such Unrepresented Local Political
Subdivision shall also serve on the Executive Committee. The Chairman and Secretary
of the Board shall be, respectively, Chairman and Secretary of the Executive Committee.
Section 2. It shall be the duty of this committee to conduct the necessary business
between meetings of the Board. All actions taken shall be subject to ratification at the
next regular meeting of the Board.
Section 3. It shall be the duty of this committee to conduct an annual evaluation of
the Executive Director for presentation to the full Board and to act for the Board in
contract negotiations with the Executive Director.
ARTICLE XI - BLUE RlDGE BEHAVIORAL HEALTHCARE STANDING
COMMITTEES
The Chairman of the Board and the Executive Director will be ex officio members of all
Blue Ridge Behavioral Healthcare committees to which they are not specifically
appointed.
There shall be the following standing committees, whose functions shall be limited to
advising the Board:
Section 1. Budget and Finance. This Committee shall review the budgets, financial
affairs and policies, and audit reports of the agency and its subcontractors, and make
recommendations to the Board. In addition, it shall aid in the presentation of budgets to
governments and other bodies or persons.
Section 2, Community Relations, This Committee shall implement a program of
information for the various agencies and governments and the public in conjunction with
the Executive Director.
Section 3. Community Support Services Committee. This Committee will reyiew
community support programs and make recommendations to the Board for the
13742/4/1147902.4
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enhancement of these services. In addition, this committee will participate in the Board's
planning process for the Community Support Services program area.
Section 4. Administrative Services Committee. The function of this Committee is to
review and make recommendations to the Board concerning Human Resources and
Quality Assurance policies and guidelines.
Section 5, Child and Family Services Committee. This Committee will review child
and family services programs and make recommendations to the Board for the
enhancement of these services. In addition, this Committee will participate in the Board's
planning process for the Child and Family Services program area.
Section 6, Prevention Assessment and Counseling Services Committee. This
Committee will review assessment and counseling programs and make recommendations
to the Board for the enhancement of these services. In addition, this Committee will
participate in the Board's planning process for the Assessment and Counseling Services
program area,
ARTICLE XII - INDEMNIFICATION
Section 1. Blue Ridge Behavioral Healthcare shall indemnify any person who was or
is a party or is threatened to be made a party to any threatened, pending or completed
action, suit or proceeding, whether civil, criminal, administrative or investigative
(including an action or suit by or in the right of Blue Ridge Behavioral Healthcare to
procure a judgment in its favor) by reason of the fact that he is or was a director or officer
of Blue Ridge Behavioral Healthcare or is or was serving at the request of Blue Ridge
Behavioral Healthcare as a director or officer of a corporation, partnership, joint venture,
trust or other enterprise, against judgments, fines, amounts paid in settlement, and
expenses (including attorneys' fees) actually and reasonably incurred by him in
connection with such action, suit or proceeding except only in relation to any claim, issue
or matter as to which such person shall have been finally adjudged to be liable for his
gross negligence or willful misconduct. Each such indemnity shall inure to the benefit of
the heirs, executors and administrators of such person.
Section 2. Any indemnity under subsection (1) above shall (Wlless authorized by a
court) be made by Blue Ridge Behavioral Healthcare only as authorized in the specific
case, upon a detennination that the director or officer was not guilty of gross negligence
or willful misconduct in the perfonnance of his duty, and, in case of a settlement, that
such settlement was, or if still to be made is, consistent with such indemnity, and the best
interests of Blue Ridge Behavioral Healthcare, Such detennination shall be made (i) by
the Board of Directors by a majority vote of a quorum consisting of directors who were
not parties to such action, suit or proceeding, or (ii) if such a quorum is not obtainable, or,
even if obtainable, a quorum of disinterested directors so directs, by independent legal
coWlsel in a written opinion. If the detennination is to be made by the Board of
Directors, it may rely, as to all questions of law, on the advice of independent counsel.
13742/4/1147902.4
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Section 3. Expenses incurred in defending an action suit or proceeding, whether civil,
administrative or investigative, may be paid by Blue Ridge Behavioral Healthcare in
advance of the final disposition of such action, suit or proceeding as authorized by vote of
the persons provided in subsection (2) of this section, upon receipt of an undertaking by
or on behalf of the director or officer to repay such amount unless it shall ultimately be
determined that he is entitled to be indemnified by Blue Ridge Behavioral Healthcare as
authorized in this section.
Section 4. The right of indemnification provided by this section shall not be
exclusive of any other rights to which any director or officer may be entitled, including
any right under policies of insurance that may be purchased and maintained by Blue
Ridge Behavioral Healthcare or others, even as to claims, issues or matters in relation to
which Blue Ridge Behavioral Healthcare would not have the power to indemnify such
director or officer under the provisions of this section.
Section 5. Blue Ridge Behavioral Healthcare may purchase and maintain, at its sole
expense, insurance against all liabilities or losses it may sustain in consequence of the
indemnification provided for in this section, in such amounts and on such tenns and
conditions as the Board of Directors may deem reasonable.
ARTICLE XIII- CONSUMER INVOLVEMENT
It shall be the policy of this Board to encourage, and be receptive to, consumer
. involvement. Meetings of the Board shall be open to the public, Liaison with identified
consumer groups will be maintained to facilitate optimum consumer involvement.
Periodic reports (such as the Blue Ridge Behavioral Healthcare Annual Report,
Newsletter, and evaluation reports) will be available to the public, and copies distributed
to appropriate consumer organizations.
ARTICLE XIV - CONFLICT OF INTEREST
Whenever a Board Member or Committee member has cause to believe that a matter to
be voted upon would involve him in a conflict of interest, he shall comply with the
provisions of the Virginia Comprehensive Conflict of Interest Acts, Sections 2.1-599, et
seq., of the Code.
ARTICLE XV
Robert's Rules of Order, revised, shall govern the Board in all cases to which they are
applicable and in which they are not inconsistent with these Bylaws.
ARTICLE XVI
These Bylaws shall be reviewed annually by the Board and may be amended at any
regular meeting of the Board by two-thirds vote ofthose present and voting, notice
13742/4/1147902.4
11
having been submitted in writing 15 days prior to the meeting, subject to the approval of
the participating governing bodies.
Adopted at a regular meeting of the Board August 5, 2004 by unanimous vote.
Secretary of Blue Ridge Behavioral Healthcare
Ratified by:
Botetourt County
Roanoke City
Craig County
Salem
Roanoke County
Ratification Reviewed as of
Secretary of Blue Ridge Behavioral Healthcare
13742/4/1147902.4
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ACTION NO.
ITEM NO.
3-5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
Request from the Library to accept and appropriate funds in
the amount of $1,385 from the Bill and Melinda Gates
Foundation to purchase a computer.
SUBMITTED BY:
Diana L Rosapepe
Director of Library Services
Elmer C. Hodge ¿fr
County Administrator
APPROVED BY:
COU NTY AD M I N ISTRA TO R'S COM M ENTS ~ ~
SUMMARY OF INFORMATION:
Roanoke County Public Library has been awarded a grant from the Bill and Melinda Gates
Foundation in the amount of $1,385 to purchase a computer for the Mount Pleasant
Branch Library. This grant is part of the Foundation's "Staying Connected" initiative and
represents the final stage of the nationwide United States Library Program, which brought
thousands of computers to libraries throughout Virginia in 2001 and made Internet access
readily available to citizens across the Commonwealth. Although the Gates Foundation
has essentially completed the u.S.L.P., it offered equipment grants to a group of smaller
libraries that had received either 1 or 2 computers in 2001. Eligible libraries were allowed to
request funding for one additional new computer. In the case of the Roanoke County
Public Library system, only the Mount Pleasant Branch Library qualified for the grant.
FISCAL IMPACT:
No additional funding will be required.
STAFF RECOMMENDATION:
Staff recommends acceptance and appropriation of the $1,385 to the Library's budget.
ACTION NO.
ITEM NO.
J-Io
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7, 2004
AGENDA ITEM:
Request from the Library to accept and appropriate funds in
the amount of $15,100 from the Friends of the Library
SUBMITTED BY:
Diana L Rosapepe
Director of Library Services
Elmer C. Hodge ê If
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
The Friends of the Roanoke County Public Library has donated $15,100 to support
programs and services at all County libraries. The Library plans to purchase additional
shelving and replace worn furniture at the Vinton branch library, as well as furnishings for
the Bent Mountain Branch Library expansion. The money will also be used to buy the
workstations and other peripheral equipment necessary to create children's computing
areas throughout the system. The balance of the donation will be invested in technology
training for the public service staff.
FISCAL IMPACT:
No additional funding will be required.
ALTERNATIVES:
None.
STAFF RECOMMENDATION:
Staff recommends acceptance and appropriation of the $15,100 to the Library's budget.
ACTION NO.
ITEM NO.
3-7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7, 2004
AGENDA ITEM:
Request from the Fire and Rescue Department to accept and
appropriate a grant in the amount of $6,924 from the Virginia
Department of Health for the purchase of extrication
equipment.
SUBMITTED BY:
Richard E. Burch, Jr.
Fire and Rescue Chief
Elmer C. Hodge, Jr. ¿ If
County Administrator
APPROVED BY:
co U NTY ADM I N ISTRA TOR'S COMM E N~ r
SUMMARY OF INFORMATION:
The Virginia Department of Health, Office of Emergency Medical Services, awarded the
Fire and Rescue Department a 50 % matching grant in the amount of $6,924 to purchase
extrication equipment. The new extrication equipment is being placed on a piece of front
line fire apparatus that currently does not have this type of equipment on it.
FISCAL IMPACT:
The Fire and Rescue Department has budgeted funds for the 50% match that the state
requires for the grant.
ALTERNATIVES:
The Fire and Rescue Department will not be able to purchase the new extrication
equipment without the matching funds from the state.
STAFF RECOMMENDATION:
Staff recommends the acceptance and appropriation of the grant funds in the amount of
$6,924 from the Virginia Department of Health to the Fire and Rescue Department's
budget.
ACTION NO.
ITEM NO.
J-t
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
Request from the Fire and Rescue Department to accept and
appropriate a grant in the amount of $13,000 from the Virginia
Department of Health for the purchase of cardiac heart
monitors.
SUBMITTED BY:
Richard E. Burch, Jr.
Fire and Rescue Chief
APPROVED BY:
Elmer C. Hodge, Jr. ê jJ
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS: ~ "1~
SUMMARY OF INFORMATION:
The Virginia Department of Health, Office of Emergency Medical Services, awarded the
Fire and Rescue Department a 50 % matching grant in the amount of $13,000 to purchase
cardiac heart monitors. The cardiac heart monitors will give Roanoke County new
technology in cardiac defibrillation.
FISCAL IMPACT:
The Fire and Rescue Department has budgeted funds for the 50% match that the state
requires for the grant.
ALTERNATIVES:
The Fire and Rescue Department will not be able to purchase the new cardiac heart
monitors without the matching funds from the state.
STAFF RECOMMENDATION:
Staff recommends the acceptance and appropriation of the grant funds in the amount of
$13,000 from the Virginia Department of Health to the Fire and Rescue Department's
budget.
ACTION NO.
ITEM NO.
S-q
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7, 2004
AGENDA ITEM:
Request to concur in the adoption of mandatory Water and
Sewer Connection Policy by the Western Virginía Water
Authority
SUBMITTED BY:
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
~~~
SUMMARY OF INFORMATION:
The Western Virginia Water Authority (WVWA) has requested both the City Council for
the City of Roanoke and the Board of Supervisors for Roanoke County to adopt
concurring resolutions agreeing as to its mandatory water and sewer connection policy.
This policy was adopted by WVWA in accordance with Sec. 15.2-5137 of the Code of
Virginia, and is attached to this report.
WVWA is also requesting that the County maintain the County's mandatory water and
sewer connection ordinances currently in place. This will facilitate and control proper
growth throughout the County.
STAFF RECOMMENDATION:
It is recommended that the Board favorably consider the adoption of the attached
concurring resolution.
3"-9
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON
TUESDAY, DECEMBER 7, 2004
RESOLUTION CONCURRING WITH THE ADOPTION BY THE
WESTERN VIRGINIA WATER AUTHORITY OF A MANDATORY
WATER AND SEWER CONNECTION POLICY PURSUANT TO
VIRGINIA CODE § 15.2-5137
WHEREAS, on July 1, 2004, the Western Virginia Water Authority assumed all
water and sewer utility functions from the County of Roanoke, Virginia; and
WHEREAS, the Western Virginia Water Authority has adopted a policy on
November 18, 2004, relating to mandatory water and sewer connections pursuant to
Virginia Code
§ 15.2-5137; and
WHEREAS, the Western Virginia Water Authority has asked the County of
Roanoke for a concurring resolution pursuant to Virginia Code § 15.2-5137(A).
NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County that:
1.
The County hereby resolves and concurs with the mandatory water and
sewer connection policy adopted by the Western Virginia Water Authority on November
18, 2004 pursuant to Virginia Code § 15.2-5137.
2.
The Clerk is directed to forward a copy of this resolution to the appropriate
officials at the Western Virginia Water Authority.
12- ,-04; 3:0GP~;
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COpy
RESOLUTION #25 {n Ø1
OF THE
WESTERN VIRGINIA WATER AUTHORITY
Approving a Mandatory Water Connection Policy
and a Mandatory Sewer Connection Policy
WHEREAS, the Western Virginia Water Authority (the "Authority"), a public service
authority formed and existing in accordance with the provisions of Chapter 51 of Title 15.2
of the Code of Virginia, 1950, as amended, the Virginia Water and Waste Authorities Act §§
15.2-5100-] 5.2-5158 (the "Act"); and
WHEREAS, there was presented to the Board of Directors of the Western Virginia
Water Authority policies and procedures setting out the terms of the Authority's Mandatory
Water Connection Policy and the Authority's Mandatory Sewer Connection Policy.
NOW THEREFORE, the Board of Directors of the Western Virginia Water Authority
do hereby adopt the following policies:
Mandatory Water Connectiol1 Policy
Upon the acquisitioJ'l or construction of any water system by the Authority, the owner, tenant.
or occupant of each lot or parcel of land (i) which abuts as1reet or other public right of way
which contains, or is adjacent to an easement containing a water main or a water system, and
(ii) upon which a building has been constructed for resiqential, çommercial or industrial use,
shall connect the building with the water main, and shall cease to use any other source of
water supply for domestic use. All such connections shall be made in accordance with rules
and regulations adopted by the Authority, which may provide for a reasonable charge for
making such a connection.
Notwithstanding the foregoing, those persons having a domestic supply or source of potable
water shall not be required to discontinue the use of such water. However, persons not
served by a water supply system, as defined in Virginia Code Section 15.2~2149, producing
potable water meeting the standards established by the Virginia Department of Health may
be required to pay a connection fee. an availability fee and an extension fee, and a monthly
nonuser service charge, which charge shall not be more than that proportion of the minimum
monthly user charge, imposed by the Authority, as debt service bears to the total operating
and debt service costs, or any combination of such fees and charges.
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Mandatory Sewer Connection Policy
lJpon the acquisition or construction of any sewer system by the Authority, the owner,
tenant, or occupant of each lot or parcel of land (i) which abuts a street or other public right
of way which contains, or is adjacent to an easement containing a sanitary sewer which is a
part of or which is or may be served by such sewer system, and (ii) upon which a building
has been constructed for residential, commercial or industrial use, shall connect the building
with the sanitary sewer, and shall cease to use any other method for the disposal of sewage,
sewage waste or other polluting matter. All such connections shal1 be made in accordance
with rules and regu]ations adopted by the Authority. which may provide for a reasonable
charge for making such a connection,
Notwithstanding the foregoing, those persons having a private septic system or domestic
sewage system meeting applicable standards established by the Virginia Department of
Health shall not be required under this chapter to discontinue the use of such system.
However, such persons may be required to pay a connection fee, an availability fee and an
extension fee, and a monthly nonuser service charge, which charge shall not be more than
that proportion of the minimum monthly user charge, imposed by the Authority, as debt
service bears to the total operating and debt service costs, or any combination of such fees
and charges
The Board of Directors also recommends to the City Council of the City of Roanoke,
and to the Board of Supervisors of Roanoke County that each of such governing bodies adopt
a concurring resoluti<;m in the form presented to this meetíng or such other form as shaH be
deemed appropriate by such governing bodies.
AND BE IT F13RTHER RESOLVED, that the appropriate officers are hereby
authorized and directed to execute, deliver and me all documents, certificates and
instruments 'and to take all such further action as may be necessary or desirable in connection
with and that are in conformity with the purposes and intent of this resolution.
This resolution shall take effect immediately.
Directors absent _2
Votes Aye -!L
Votes Nay ~
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CERTIFICATION
" ¿. / ..,
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The undersigned secretary of the Western Virginia Water Authority does hereby
certify that the foregoing is a true, complete and correct Resolution adopted by a vote of a
majority of the Directors of the Western Virginia Water Authority, present at a regular
meetÎllg of the Board of Directors of the Western Virginia Water Authority duly called and
held NðVUflkr IR'J{)oJf, at which a quorum was present and acting throughout, and that
the same has not be~n amended or rescinded and is in full force and effect as of the date of
this certification, ~,*,J1>Jw.r JR 2004.
(SEAL)
an Thurman, Secretary,
estern Virginia Water Authority
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ACTION NO.
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
S-IO
MEETING DATE:
December 7,2004
AGENDA ITEM:
Request from Parks, Recreation & Tourism Department to
accept and appropriate $20,792 from the Commonwealth of
Virginia for reimbursement for expenses incurred for the
construction of the Wolf Creek Greenway
SUBMITTED BY:
Pete Haislip
Director of Parks, Recreation & Tourism
Elmer C. Hodge ê. ¡.r
County Administrator
APPROVED BY:
COU NTY ADM! N ISTRA TOR'S COMM EN~ ~
SUMMARY OF INFORMATION:
The Parks, Recreation & Tourism Recreation Department received a Virginia Trails
reimbursable grant to renovate and complete the construction of the Wolf Creek
Greenway. This project has been completed and the Board is required to appropriate the
reimbursement of $20,792 from the Commonwealth of Virginia to the Parks and Recreation
account (102830/0860).
FISCAL IMPACT:
None. This transaction completes the project.
STAFF RECOMMENDATION:
Staff recommends that the Board accept and appropriate $20,792 from the Commonwealth
of Virginia to reimburse the Parks, Recreation & Tourism Department for expenses
incurred for the construction of the Wolf Creek Greenway.
ACTION NO.
ITEM NO.
3-11
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7, 2004
AGENDA ITEM:
Request from the Treasurer to amend the existing banking
services contract with SunTrust Bank to allow for lock box
operation
SUBMITTED BY:
F. Kevin Hutchins
Treasurer
Elmer C. Hodge ~ Ff+
County Administrator
APPROVED BY:
COUNTY ADMINISTRAT~S~
SUMMARY OF INFORMATION:
The Unisys remittance processor which was purchased by the Treasurer's Office in
September 1994 needs to be replaced because it is difficult to obtain continued
maintenance support due to the lack of parts for this aging equipment. The maintenance
and software agreements for this equipment currently cost over $2,000 per month.
Although funds were placed into the Capital Improvement Program (CIP) last year for this
project, new equipment or a new procedure are mandatory now. Adding the lock box
services as a processing mechanism is within the authority and powers held by the
Treasurer and creates the need for a Cost Benefit Analysis (CBA) of these services,
Stewardship of funds for County residents and government is a top priority of the
Treasurer's Office.
A cost benefit analysis of a new machine versus the proposed cost of adding lock box
services to the existing banking services contract with SunTrust demonstrated that there
will be considerable cost savings to the County by adding the lock box services. A new
machine will cost $3,702 per month for 5 years ($199,765) with a new maintenance
contract needed after the expiration of this term. Lock box services will cost approximately
$3,000 per month for 4 months of the year ($12,000).
1
3-11
The County currently operates under what SunTrust refers to as exception pricing with our
banking services. We will continue to have the same pricing built into the lock box
services. We are able to accomplish this fee schedule since we will be processed by the
SunTrust Lock Box platform and not the third party Regulus platform which currently
operates the lock box for the newly formed Western Virginia Water Authority. This
provides a substantial pricing advantage.
There will be added benefits of salary savings from shifting an employee to other functions
and the extra collections that can be accomplished with this move. We will also save the
cost for a part-time employee during tax season to operate the machine.
Section 17-14 "Modification of Contracts" of the Code for the County Of Roanoke states
that prior approval is needed when a change in contract exceeds either 25% or $10,000;
therefore, Board approval of this amendment is being requested.
FISCAL IMPACT:
No additional funding for these services will be required since funds are currently budgeted
for the maintenance agreement of the current machine.
STAFF RECOMMENDATION:
Staff recommends that the Board approve an amendment to the existing banking services
contract with Sun Trust to include additional services estimated to be around $12,000 per
year.
2
ACTION NO.
ITEM NO.
S-I~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7, 2004
AGENDA ITEM:
Request to approve an agreement with Clearbrook Volunteer
Fire Department regarding the disposition of vehicles and
outstanding loan balances
SUBMITTED BY:
Richard E. Burch, Jr.
Fire and Rescue Chief
APPROVED BY:
Elmer C. Hodge, Jr. E.:JI
County Administrator
COU NTY ADM I N ISTRA TO R'S COMM EN~ ~
SUMMARY OF INFORMATION:
In an effort to assist Clearbrook Volunteer Fire Department in resolving its financial
difficulties, Roanoke County Fire and Rescue proposes paying off loan balances on two of
Clearbook's vehicles. This would clear the title to these vehicles and allow them to be sold.
Clearbrook will utilize a third party to sell these vehicles on behalf of Clearbrook Volunteer
Fire Department.
Upon the sale of these vehicles, Clearbrook Volunteer Fire Department will reimburse the
Roanoke County Fire and Rescue Department for the loan amount and use remaining
funds to payoff debts incurred by Clearbrook Volunteer Fire Department.
FISCAL IMPACT:
The Fire and Rescue Department will use budgeted funds allocated toward the purchase of
new vehicles to payoff the existing vehicle loan balances of approximately $17,000.00.
The amount will be reimbursed by Clearbrook once the vehicles are sold.
1
---
J-I~
ALTERNATIVES:
(1 )
Authorize and approve this proposed agreement. This alternative will assist the
volunteers in promptly addressing their financial problems.
(2)
Allow Clearbrook Volunteer Fire Department to resolve its financial problems by
itself without County assistance. It could attempt to raise the money to payoff the
loans. Due to the financial situation of this organization, this would be a long term
endeavor and only further delay the reconciliation of its financial status.
STAFF RECOMMENDATION:
Staff recommends that the Board authorize the County Administrator or his designee to
execute an agreement with Clearbrook Volunteer Fire Department that approves Roanoke
County Fire and Rescue:
(i)
(ii)
(iii)
(iv)
(v)
paying off Clearbrook Volunteer Fire Department's vehicle loans to clear title
Clearbrook accepting title to said vehicles
selling said vehicles via a third party
reimbursing the Fire and Rescue Department upon sale of the vehicles, and
authorizing the payment of any remaining funds toward other existing debts
incurred by Clearbrook Volunteer Fire Department.
This agreement will be drafted by the County Attorney.
2
N -)
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
% of General
Amount Fund Revenues
$9,738,285 6.61%
2,050,000
11,788,285
20,000
11,808,285 8,02%
Prior Report Balance
Addition from 2003-04 Operations
Audited Balance at June 30, 2004
July 1, 2004
Explore Park Loan Repayment
Balance at December 7,2004
Changes below this line are for information and planning purposes only.
Balance from above $11,808,285
$11,808,285
8.02%
Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the
General Fund Unappropriated Balance at 6.25% of General Fund Revenues
2004 - 2005 General Fund Revenues $147,255,793
6.25% of General Fund Revenues $9,203,487
Submitted By
Rebecca E. Owens
Director of Finance
Approved By
Elmer C. Hodge £. 11
County Administrator
Submitted By
Approved By
N-Å
MAJOR CAPITAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Appropriation from 2003-04 Operations
Amount
$1,416,838.00
Balance at December 7,2004
$1,416,838.00
Rebecca E. Owens
Director of Finance
Elmer C. Hodge Ë (7
County Administrator
f\J~3
MINOR CAPITAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Amount
Audited Balance at June 30, 2004 $11,389,450.22
Remaining funds from completed projects at June 30, 200- 347,440.84
Transfer from Department Savings 2003-04 233,419.00
September 28, 2004 Appropriation for the Public Safety Building Project (6,110,540.00)
October 12, 2004 Appropriation for Regional Jail Facility Study (85,922.00)
Balance at December 7,2004 $5,773,848.06
Submitted By
Rebecca E. Owens
Director of Finance
Approved By
Elmer C. Hodge [If
County Administrator
N ..LJ
RESERVE FOR BOARD CONTINGENCY
COUNTY OF ROANOKE, VIRGINIA
Amount
From 2004-2005 Original Budget $100,000.00
September 28,2004 Appropriation for professional services provided by (9,000.00)
Chandler Planning
October 12, 2004 Appropriation for Special Assistant for Legislative (18,000.00)
Relations
October 26, 2004 Appropriation for participation in a libarary study (29,700.00)
with the City of Roanoke
Balance at December 7,2004 $43,300.00
Submitted By
Rebecca E. Owens
Director of Finance
Approved By
Elmer C. Hodge t: If
County Administrator
N-S
FUTURE CAPITAL PROJECTS
COUNTY OF ROANOKE, VIRGINIA
Savings from 1996-1997 debt budget
Transfer from County Capital Projects Fund
FY1997-1998 Original budget appropriation
Savings from 1997-1998 debt fund
FY1998-1999 Original budget appropriation
FY1999-2000 Original budget appropriation
Less increase in debt service
Savings from 1998-1999 debt fund
FY2000-2001 Original budget appropriation
Less increase in debt service
FY 2001-2002 Original budget appropriation
Less increase in debt service
Savings from 2001-02 debt fund
FY 2002-2003 Original budget appropriation
Less increase in debt service
FY 2003-2004 Original budget appropriation
Less increase in debt service
FY 2004-2005 Original budget appropriation
Less increase in debt service
Balance at December 7,2004
$ 670,000
1,113,043
2,000,000
321,772
2,000,000
2,000,000
(1,219,855) 780,145
495,363
2,000,000
(1,801,579) 198,421
2,000,000
(465,400)
116,594 1,651,194
2,000,000
(2,592,125) (592,125)
2,000,000
(2,202,725) (202,725)
2,000,000
(4,192,701) (2,192,701)
$ 6,242,387
Submitted By Rebecca E. Owens
Director of Finance
Approved By Elmer C. Hodge ¿, H
County Administrator
ACTION NO.
ITEM NO.
Q-I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
Work session to review the drainage maintenance program
AGENDA ITEM:
SUBMITTED BY:
Arnold Covey
Director of Community Development
Elmer C. Hodge £f{
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Staff will present an overview of the drainage maintenance program. The work session will
consist of the following:
. History of the drainage program
. Drainage complaint procedure
. Maintenance responsibilities
. Review project list
. Review of the 1995 Regional Storm Water Master Plan
STAFF RECOMMENDATION:
Staff recommends that the new priority list of drainage projects be adopted at the Roanoke
County Board of Supervisors meeting on December 21,2004.
ACTION NO.
ITEM NO.
Q-~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7,2004
AGENDA ITEM:
Work session to discuss reciprocal trash collection service with
the City of Roanoke
SUBMITTED BY:
Anne Marie Green
Director of General Services
APPROVED BY:
Elmer C. Hodge /If
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This work session has been scheduled to explain the details of the proposed reciprocal
trash collection service with the City of Roanoke. The City and County staffs have met to
discuss this pilot program where trash collection could be traded between the two localities,
allowing one to provide service in the other jurisdiction in an efficient manner. Streets in
the border area for the pilot program include Colonial Avenue, Woodland Drive and Read
Mountain Road. Approval of this pilot program will be requested from the Board of
Supervisors and Roanoke City Council at a later time.
K
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, DECEMBER 7,2004
RESOLUTION 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 ofthe 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.
C_j
j
INTEROFFICE MEMO
From the Office o/the County Administrator
772-2004
TO:
Mr. Chairman and Members of the Board
FROM:
Elmer Hodge e'fJ-
DATE:
December 3, 2004
SUBJECT:
Proposed Regional Jail
In the attached board report, you will find copies of the information originally submitted to you
regarding the twelve potential sites for a new regional jail in Roanoke County. The criteria used
to evaluate each of these locations, as well as other background information, have also been
resubmitted for your review.
Tuesday evening's Community Meeting at the Salem Civic Center provided staff an opportunity
to answer questions and to gather input from the public. As you may recall, several citizens
suggested additional locations for staff and the board to consider. We have attached that
information, along with maps of the sites and other basic data for your consideration. However,
unlike the original twelve sites, the Jail Study Committee has not been afforded the time to
thoroughly evaluate and rank each of these locations. lfthe Board chooses, staffwill continue to
gather information regarding one or more of these new sites and to rank them accordingly.
At the December 7 evening session, Sheriff Gerald Holt will make a presentation regarding the
need for a new regional facility. Staff will also be on hand to answer any of your questions.
ACTION NO.
ITEM NO.
s-}
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
December 7, 2004
AGENDA ITEM:
Request to Exercise Options for the Acquisition of Land for the
Location of a Regional Jail Facility
John M. Chambliss, Jr.
Asst. County Administrator
SUBMITTED BY:
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
At the November 16, 2004 meeting of the Board of Supervisors, staff was authorized to
proceed with obtaining options on up to five sites identified as possible locations for a new
regional jail that would serve Roanoke County and the city of Salem along with
Montgomery and Franklin Counties. (Both Montgomery and Franklin Counties have
provided Roanoke County with letters of intent to participate in the regional jail facility.) On
November 24, the Board was provided information on the twelve sites under consideration
and the order in which they had each been ranked. A Community Meeting was held on
Tuesday, November 30 at the Salem Civic Center to provide citizens with information on
the recommended sites and the need for a new jail. The meeting was also an opportunity to
receive comments, questions and concerns from the community.
A Jail Study Committee comprised of the Sheriff, a City/County administrative
representative, and senior corrections officials from each participating locality have been
working to develop the prerequisite studies required by the Department of Corrections
which must be filed on or before March 1, 2005. The Program Plan is site specific and
includes other critical information including schematic drawings of the floor plans, a site
plan including utilities, traffic patterns, drainage, development concerns, site studies, etc.,
projected operating budgets for the first six years, a financing plan, and any operating
agreements among partner agencies. The process and state imposed schedule for this
study are necessary to be considered for financial participation by the state in the capital
ç,
I
funding for the facility. If this deadline is missed, the next opportunity will be to file the
application prior to March 1, 2007 for that funding cycle.
The Community Based Corrections Plan is the second required study which considers the
inmate population of each of the participating localities, the availability of corrections
programs and diversion programs which influence the amount of time the inmate may be in
the facility, and projections of the inmate population for ten, fifteen and twenty years into
the future. These projections determine the size of the new facility to be built. The three
jails currently in use plan to remain open to serve as the delivery point for arrested persons,
holding them until they are sentenced or as long as they are participating in a local work
program. The regional jail will house sentenced inmates (normally those with less than two
years to serve), special population inmates (females, special physical needs, etc.) and
medical cases,
The Jail Study Committee established set criteria by which to evaluate each of the potential
sites. These criteria include the following:
The willingness of the Seller or current owner of the property to sell the property
at this time.
The proximity of the site to the four Court Systems.
The proximity of the site to the potential partner localities and the ability to easily
get inmates or visitors to the facility.
How the neighboring properties are being used and the impact that this type of
facility might have on the community are two of the most significant factors.
The availability of utilities (water, sewer, gas).
The general lay of the land (topography) and other features that enhance or
hinder development.
Proximity to major highway for access to the facility.
Other limitations (or lack thereof) which could hinder development of the site.
Asking or marketing price of the marketed sites.
At a Community Meeting on November 30, six other sites were mentioned as possible sites
for consideration. A preliminary review of these sites has been made, data is being
gathered, and the evaluation of these new sites will be completed using the same criteria
shown above which was used for the first twelve sites. Attachment A shows the newly
recommended sites (A-F) and the basic data sheets of each.
Attachment B is a matrix of the criteria for the ranking of the subject properties.
Attachment C is a list of data regarding each of the twelve original sites considered. Some
of the sites were less desirable than others due to limitation of the developable area,
adverse topography, or compatibility with the surrounding community.
Staff developed a Question and Answer document (Attachment D) which was distributed at
the Community Meeting to help answer questions for the community and also to open
dialogue to other issues that should be considered. When developing major projects in the
c'" }
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past, the County has offered neighboring properties a property value protection program to
assure that there was no loss of property value when the property is sold. It is
recommended that we work with the community selected and to develop a similar program
for this project to protect the surrounding community.
Attachment E includes a schedule and outlines certain tasks that must be accomplished in
order for this project to be included in the upcoming funding cycle by the State. Being a
regional facility, the project could be eligible for reimbursement of up to 50% of the
allowable capital costs. The participating local governments anticipate establishing a jail
authority which could issue the bonded debt for this facility and oversee the jail operation.
The plan and documents must be received at the Department of Corrections prior to March
1, 2005 to be considered in this funding cycle.
Staff plans to bring a recommendation to the Board of Supervisors at your meeting on
December 7 authorizing the establishment of one or more options for the site(s) for the
regional jail. An option is the first step in the process for acquiring real estate. There will
be numerous opportunities for the public to provide input before a site may be purchased or
developed. An option agreement pays a deposit to the land owner to hold the property for
our consideration. We are then allowed to begin the due diligence studies including
environmental testing of the site, geological and land evaluation, and any other item
necessary to assure that the site is suitable. If a problem is encountered, the owner may
be asked to remediate the situation or the purchaser may cancel the option without
purchasing the property.
Assuming the testing results are favorable and all other conditions ofthe option agreement
are met, the County may choose to proceed with the purchase of the property. To
purchase the property, the County will have the first and second reading of an ordinance
and conduct a public hearing on the matter before the purchase. Before this particular
project can proceed with the development of the site, a 2232 review (community plan), a re-
zoning request, and a special use permit request must be filed and heard by the Planning
Commission and also the Board of Supervisors with the appropriate public hearings.
The request on December 7 will be to authorize the signing of the option agreement and to
determine the amount of funding for the option fee. An appropriation request will be placed
on the December 21 agenda after the required notice.
STAFF RECOMMENDATION:
Staff recommends that we move forward with the selection of a site(s) so that we can meet
the March 1,2005 deadline.
Attachment A
SITE:
Bradshaw Trust
ADDRESS:
7015 Old Mountain Road
Roanoke, VA
OWNER:
Matilda Holland Bradshaw, Trustee
PARCEL NO.:
ACREAGE:
2004 ASSESSED VALUE
028.03-01-25
028.03-01-22
68.95
56.43
$490,300
362.500
$852,800
ZONING:
R-1
WILLING BUYER I SELLER:
PROXIMITY TO COURT SYSTEM:
PROXIMITY TO PARTNERS:
TYPE AND PROXIMITY OF NEIGHBORS:
UTILITIES AVAILABILITY:
LAY OF LAND:
ASKING PRICE:
MAJOR HIGHWAY ACCESS:
OTHER LIMITATIONS (LACK OF):
TOTAL WEIGHT:
RANKING:
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ADDRESS:
OWNER:
PARCEL NO.:
050.01-01-05.08
ZONING:
Valley Gateway
Challenger Avenue
Roanoke, V A
F&W Properties II, Inc.
ACREAGE:
26.08
C-2
WILLING BUYER I SELLER:
PROXIMITY TO COURT SYSTEM:
PROXIMITY TO PARTNERS:
TYPE AND PROXIMITY OF NEIGHBORS:
UTILITIES A V AILABILITY:
LAY OF LAND:
ASKING PRICE:
MAJOR HIGHWAY ACCESS:
OTHER LIMITATIONS (LACK OF):
TOT AL WEIGHT:
Attachment A
2004 ASSESSED VALUE
$1,957,000
RANKING:
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Attachment A
SITE:
Newbern Site
ADDRESS:
Carvin Street
Roanoke, VA
OWNER:
Bach and Newbern
PARCEL NO.:
ACREAGE:
2004 ASSESSED VALUE
018.18-01-01
35.14
$651,800
ZONING:
C2C
WILLING BUYER / SELLER:
PROXIMITY TO COURT SYSTEM:
PROXIMITY TO PARTNERS:
TYPE AND PROXIMITY OF NEIGHBORS:
UTILITIES AVAILABILITY:
LAY OF LAND:
ASKING PRICE:
MAJOR HIGHWAY ACCESS:
OTHER LIMITATIONS (LACK OF):
TOTAL WEIGHT:
RANKING:
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ADDRESS:
OWNER:
PARCEL NO.:
036.11-02-36
$934,500
ZONING:
Huffman Trust
North Electric Road
Roanoke, V A
Estelle H. Ronk & Others
ACREAGE:
10.65 (27.8 A)
C-2
WILLING BUYER / SELLER:
PROXIMITY TO COURT SYSTEM:
PROXIMITY TO PARTNERS:
TYPE AND PROXIMITY OF NEIGHBORS:
UTILITIES A V AILABILITY:
LAY OF LAND:
ASKING PRICE:
MAJOR HIGHWAY ACCESS:
OTHER LIMITATIONS (LACK OF):
TOTAL WEIGHT:
Attachment A
2004 ASSESSED VALUE
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ADDRESS:
OWNER:
PARCEL NO.:
026.19-01-01
026.19.01-02
026.19-01-03
026.15-01-04
ValleyPointe, Phase II
Wood Haven Road
Roanoke, VA
English Construction Co., Inc.
(Behind ValleyPointe)
ACREAGE:
4.35
5.72
2.16
85.85
98.08
WILLING BUYER / SELLER:
PROXIMITY TO COURT SYSTEM:
PROXIMITY TO PARTNERS:
2004 ASSESSED VALUE
$ 186,000
268,100
91,100
1,453.800
$1,999,000
TYPE AND PROXIMITY OF NEIGHBORS:
UTILITIES AVAILABILITY:
LAY OF LAND:
ASKING PRICE:
MAJOR HIGHWAY ACCESS:
OTHER LIMITATIONS (LACK OF):
TOTAL WEIGHT:
RANKING:
Attachment A
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Attachment A
SITE:
Center for Research and Technology (CRT)
ADDRESS:
4958 Glenvar Heights Blvd.
Salem, VA 24153
OWNER:
Roanoke County Board of Supervisors
PARCEL NO.:
054.00-01-02
ACREAGE:
424.31
2004 ASSESSED VALUE
$2,747,700
ZONING:
PTD
The site is zoned as a Planned Technology Development District (PTD) - a unique
zoning code that allows residential, commercial and industrial activities to co-exist under
specific conditions in the creation ofa technology community.
WILLIN G BUYER I SELLER:
PROXIMITY TO COURT SYSTEM:
PROXIMITY TO PARTNERS:
TYPE AND PROXIMITY OF NEIGHBORS:
UTILITIES AVAILABILITY:
LAY OF LAND:
ASKING PRICE:
MAJOR HIGHWAY ACCESS:
OTHER LIMITATIONS (LACK OF):
TOTAL WEIGHT:
RANKING:
Center for Research and Technology Site Photo
Jail Matrix! -1- ì - 11- 1- 1-
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__m "" ,-- " , - '-----""-,/II,ing, ----.!'.r,o, x~, -_Proximity! Neighbors Availabl~ -- la~f --A", sking
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Dixie Cavems Site --1 - 20¡ f5 ~' ~. "I £-'" - ".L -----¡¡ - 132
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Sites identified since the Community Meeting on November 30 [bY citizens or p;operty owners. I
Information is beinç¡ gathered on each site, however, the evaluation has not been completed. ~ ' ---------t--
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Attachment C
SITE:
Higginbotham Farms LLC (Site A)
ADDRESS:
West River Road
Salem, VA
OWNER:
Higginbotham Farms LLC
PARCEL NO: 064.03-01-19.01
ACREAGE 2004 ASSESSED VALUE
41 +/- A of 54. 56 A $311,300
ZONING:
1-2
WILLING BUYER / SELLER:
Yes, Owner contacted the County
PROXIMITY TO COURT SYSTEM:
RC - 10,60 FC - 43.85 MC - 19.93
PROXIMITY TO PARTNERS:
RC - Good FC - Fair MC - Good
TYPE AND PROXIMITY OF NEIGHBORS:
Bounded by the Roanoke River and the railroad tracks. No immediate neighbors.
UTILITIES AVAILABILITY:
Water and Sewer along 460
Gas near R, R, Donnelly
LAY OF LAND:
Gently sloping from the railroad tracks to the river. Approximately 1 / 4 of the
area along the river is within the 100 year flood plain.
MAJOR HIGHWAY ACCESS:
Property is located in western Roanoke County near 460 and 1-81 Dixie Caverns Exit
OTHER LIMITATIONS (LACK OF):
Amount of land in the flood plain
Single entrance onto West River Road (60 f1. right of way)
Road flood potential at bridge and further down West River Road
Cemetery on site that the owner is trying to relocate
Access passes by another property owner (being worked on)
TOTAL WEIGHT:
154
RANKING: 1
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Attachment C
SITE:
Horn Property (Site B)
ADDRESS:
5647 West River Road
Salem, VA 24153
OWNER:
Harold and Shirley B. Horn
PARCEL NO.
064.03-01-25
064.03-01-25.01
064.03-01-26
Total
ACREAGE
12.65 A
11.74 A
23.24 A
47.63 A
2004 ASSESSED VALUE
$ 93,400
87,100
306,800
$487,300
ZONING:
1-2
WILLING BUYER / SELLER:
Yes
PROXIMITY TO COURT SYSTEM:
RC - 11.04 FC - 44.29 MC - 20.37
PROXIMITY TO PARTNERS:
RC - Good FC - Fair
MC - Good
TYPE AND PROXIMITY OF NEIGHBORS:
Property is bounded by railroad, West River Road and Roanoke River. There is one
home, one vacant lot, and a Church near the property. Other residential neighbors are
located some distance away.
UTILITIES A V AILABILITY:
Water and Sewer at 460 Gas near RR Donnally
LAY OF LAND:
Two thirds of property is gently rolling. A small knoll at the center of the property would
be used to level property. Property includes residence and salvage business, fann land
and forested area.
MAJOR HIGHWAY ACCESS:
Access from 460 and 1-81
OTHER LIMITATIONS (LACK OF):
Little flood plain; must cross railroad with utilities; must grade site
TOTAL WEIGHT:
136
RANKING: 2
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Attachment C
SITE:
Ingersoll Rand Property
ADDRESS: Shadwell Drive
OWNER:
Bogar LLC
PARCEL NO.: 028.03-01-02
ACREAGE
Part of 98.l8A
2004 ASSESSED VALUE
Land: $1,267,300
ZONING:
1-1
WILLING BUYER I SELLER:
PROXIMITY TO COURT SYSTEM:
RC- 11.15 FC- 31.24 MC- 36.61
PROXIMITY TO PARTNERS:
RC - Good FC - Fair
MC - Fair
TYPE AND PROXIMITY OF NEIGHBORS:
Industrial, residential subdivisions, fann land
UTILITIES AVAILABILITY:
Water and Sewer available on site
LAY OF LAND:
Rolling
MAJOR HIGHWAY ACCESS:
1-81 and Route 11
OTHER LIMIT A TIONS (LACK OF):
Not in the general area of the crescent from the participants. Residential neighbors.
TOTAL WEIGHT:
133
RANKING: 3
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Attachment C
SITE:
Dixie Caverns
ADDRESS: 5757 West Main Street
Salem, V A
OWNER:
Philip Trompeter and Constance Hausman
PARCEL NO.: 063.04-01-01
ACREAGE
61.47 A
2004 ASSESSED VALUE
$532,700
ZONING:
AR
WILLING BUYER / SELLER:
Yes
PROXIMITY TO COURT SYSTEM:
RC 9.94 FC-43.19 MC-19.27
PROXIMITY TO PARTNERS:
RC - Good FC - Fair
MC - Good
TYPE AND PROXIMITY OF NEIGHBORS:
Some residential, some business some forested land
UTILITIES AVAILABILITY:
Water and Sewer at 460 Gas at R. R. Donnelly or CRT
LAY OF LAND:
Some steep mountainous, some flat (has caverns)
MAJOR HIGHWAY ACCESS:
1-81 and Route 460
OTHER LIMITATIONS (LACK OF):
Caverns business is located on site (part of this property); Some steep slope
TOT AL WEIGHT:
132
RANKING: 4
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Attachment C
SITE: Meacham Road Property
ADDRESS: 6206 Meacham Road
Salem, VA 24153
OWNER: Paul W, Hicks
PARCEL NO.:
063.04-03-51
63.04-03-52
63.04-03-53
Total
ACREAGE
9.85 A
6.11 A
27.00 A
42.96 A
2004 ASSESSED VALUE
$185,600
21 ,400
94.500
$301,500
ZONING:
AR
WILLING BUYER / SELLER:
Yes
PROXIMITY TO COURT SYSTEM:
RC - 10.81 FC - 44,06 MC - 20.37
PROXIMITY TO PARTNERS:
RC - Good FC - Fair MC - Good
TYPE AND PROXIMITY OF NEIGHBORS:
Bounded by 1-81, rural forested land, and residential
UTILITIES AVAILABILITY:
Water and Sewer along Twine Hollow Road,
Gas at CRT
LAY OF LAND:
Rolling to sloped
MAJOR HIGHW A Y ACCESS:
1-81, Route 460
OTHER LIMITATIONS (LACK OF):
Uncertainty of widening ofI-81, need to purchase secondary site for truck traffic,
proximity to residential, one residential site not owned by property owner would also
need to be acquired.
TOTAL WEIGHT:
120
RANKING: 5
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Attachment C
SITE:
Old Mountain Road Site
ADDRESS: Old Mountain Road
OWNER:
Charles Beahm
PARCEL NO: 028.03-01-03
ACREAGE
50.48 A
2004 ASSESSED VALUE
$790,100
ZONING:
I-I
WILLING BUYER / SELLER:
Yes
PROXIMITY TO COURT SYSTEM:
RC- 11.65 FC-31.74 MC- 37.11
PROXIMITY TO PARTNERS:
RC - Good FC - Fair MC -Fair
TYPE AND PROXIMITY OF NEIGHBORS:
Residential, farming, industrial
UTILITIES A V AILABILITY:
Water on Old Mountain Road, Sewer on Beaumont Road
LAY OF LAND:
Sloped and rolling with some visible rock
MAJOR HIGHWAY ACCESS:
1-81 and Route 11
OTHER LIMITATIONS (LACK OF):
Distance from crescent of service area, sloped site with visible rock
TOTAL WEIGHT:
111
RANKING: 6
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Attachment C
SITE:
Newland I Peters Creek
ADDRESS:
Airport Road and Peters Creek Road
OWNER:
Parcell - James Cates
Parcel 2 - Jesse N. Jones
ACREAGE:
Parcell - Net 9,953 A
Parcel 2 - 15.37 A
2004 ASSESSED VALUE
$146,600
$840,700
$987,300
ZONING:
Parcell: R-1
Parcel 2: C-2
WILLING BUYER I SELLER:
Yes (agent contacted County)
PROXIMITY TO COURT SYSTEM:
RC - 7.84 FC - 31.33 MC - 33.29
PROXIMITY TO PARTNERS:
RC - Good FC - Fair
MC - Fair
TYPE AND PROXIMITY OF NEIGHBORS:
Residential, some commercial
UTILITIES AVAILABILITY:
Water, Sewer, Gas along Peters Creek Road
LAY OF LAND:
Rolling with creek crossing property.
MAJOR HIGHWAY ACCESS:
1-581 Peters Creek Road
OTHER LIMITATIONS (LACK OF):
Proximity to residential development, stream on site
TOTAL WEIGHT:
105
RANKING: 7
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Attachment C
SITE:
Taylor Tract- Merriman Road
ADDRESS: 5690 Merriman Road
Roanoke, VA
OWNER:
Roanoke County School Board
PARCEL NO.: 097.05-01-26
ACREAGE
28.71
2004 ASSESSED VALUE
$389,600
ZONING:
R-1
WILLING BUYER / SELLER:
Not Determined
PROXIMITY TO COURT SYSTEM:
RC - 7.63 FC - 22.85 MC - 34.28
PROXIMITY TO PARTNERS:
RC - Good FC - Good
MC - Fair
TYPE AND PROXIMITY OF NEIGHBORS:
Bounded by residential subdivisions, School, Regional Park
UTILITIES AVAILABILITY:
Water and Sewer at Merriman Road
LAY OF LAND:
Gently sloped with some area in flood plain
MAJOR HIGHWAY ACCESS:
From Route 220
OTHER LIMITATIONS (LACK OF):
Proximity to school, residential subdivisions, and park Flood Plain issues for
development of the anticipated footprint of the new facility.
TOTAL WEIGHT:
100
RANKING: 8
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SITE:
College of Health Sciences
ADDRESS: 5994 Harwick Drive
OWNER:
Cari1ion
PARCEL NO.: 063.04-01-08
ACREAGE
37.65 A
2004 ASSESSED VALUE
$170,500
ZONING:
AR
WILLING BUYER I SELLER:
Yes
PROXIMITY TO COURT SYSTEM:
RC - 10.68 FC - 43.93 MC - 20.01
PROXIMITY TO PARTNERS:
RC - Good FC - Fair MC - Good
TYPE AND PROXIMITY OF NEIGHBORS:
Bounded by 1-81, Several residential neighbors, and mountainous land
UTILITIES AVAILABILITY:
Water and Sewer at 460 Gas at R.R. Donnelly
LA Y OF LAND:
Property is gently rolling with known sinkholes. Property is crossed with two sites of
high tension wires and towers, which cannot be easily relocated.
MAJOR HIGHWAY ACCESS:
Route 460 and 1-81
OTHER LIMITATIONS (LACK OF):
Location of electric towers and known sinkholes are not conducive to this type of
construction.
TOTAL WEIGHT:
99
RANKING: 9
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Attachment C
SITE:
Salem Water Filtration Site
ADDRESS: 4127 West Main Street
Salem, VA
OWNER:
City of Salem
PARCEL NO.: 054.04-01-10
ACREAGE
15.38 A
2004 ASSESSED VAL UE
$1,350,500
ZONING:
I-IS
WILLING BUYER / SELLER: Not Detennined
PROXIMITY TO COURT SYSTEM:
RC - 4.69 FC - 41.29 MC- 21.88
PROXIMITY TO PARTNERS:
RC - Good FC - Fair MC - Good
TYPE AND PROXIMITY OF NEIGHBORS:
Rural, residential, business, industrial
UTILITIES AVAILABILITY:
Water, Sewer, gas along Route 460
LAY OF LAND:
Gently sloped
MAJOR HIGHWAY ACCESS:
Route 460
OTHER LIMITATIONS (LACK OF):
Site is being used for municipal water filtration system. After new plant is completed in
Salem, property could become available. Site is too small for the proposed project.
TOTAL WEIGHT:
98
RANKING: 10
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Attachment C
SITE:
AEP Site
ADDRESS: West Main Street
OWNER:
AEP
ACREAGE: Would require subdivision ofproperty 105.64 A in site
2004 ASSESSED VALUE: Not Determined
WILLING BUYER I SELLER:
Undetermined
PROXIMITY TO COURT SYSTEM:
RC - 10,68 FC - 43,93 MC - 20.01
PROXIMITY TO PARTNERS:
RC - Good FC - Fair MC - Good
TYPE AND PROXIMITY OF NEIGHBORS:
One business, several residences, mountainous terrain
UTILITIES AVAILABILITY:
Water and Sewer at 460 Gas at R.R. Donnelly
LA Y OF LAND:
Mountainous with varied slopes. Property would be difficult to grade for flat site.
MAJOR HIGHWAY ACCESS:
Route 460 1-81
OTHER LIMITATIONS (LACK OF):
Topography is challenging for this type of development
TOTAL WEIGHT:
95
RANKING: 11
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Attachment C
SITE:
Franklin Road
ADDRESS: Franklin Road near Indian Grave Road
OWNER:
Evangel Foursquare Church
PARCEL NO.: 098.02-02-16
ACREAGE
48.65 A
2004 ASSESSED VALUE
$131,600
ZONING:
ARS
WILLING BUYER / SELLER:
Not Determined
PROXIMITY TO COURT SYSTEM:
RC - 9,32 FC - 20.47 MC - 41.75
PROXIMITY TO PARTNERS:
RC - Good FC - Good MC - Fair
TYPE AND PROXIMITY OF NEIGHBORS:
Residential and light business
UTILITIES AVAILABILITY:
Water and Sewer in 220 at Clearbrook
Gas?
LAY OF LAND:
Rolling and sloped
MAJOR HIGHWAY ACCESS:
Route 220
OTHER LIMITATIONS (LACK OF):
Challenging topography for this type of development; I - 73 corridor, Access and utilities
Clearbrook overlay district
TOTAL WEIGHT:
74
RANKING: 12
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Attachment D
REGIONAL JAIL
FACT SHEET
November 23, 2004
1. Where does Roanoke County currently house its inmates?
Roanoke County currently operates its own jail at 401 East Main Street in the
City of Salem, immediately behind the Roanoke County Courthouse and
adjacent to Roanoke College.
2. Do we share our current facility with any other jurisdictions?
The current Roanoke County Jail is jointly operated on behalf of Roanoke
County, the City of Salem, and the Town of Vinton and has beds available for
use by Craig County. We are considered a regional jail today
3. Why is a regional jail necessary? Why not expand our existing Jail?
When our current facility opened in 1980, it was rated at 108 beds. Today,
we frequently house nearly 280 inmates per day. Due to this significant
overcrowding, we currently house some prisoners at other jail facilities and
use electronic monitoring and other diversionary programs for people serving
sentences where incarceration is not mandatory. We have considered
expanding the existing facility by adding housing at the sixth and seventh floor
levels; however, this has not been found to be practical. The site is also
limited in the space that can be developed and underground caverns were
discovered during construction of the facility. The new jail facility that we are
addressing will cover the overcrowding conditions and allow growth for the
future. The existing jail will continue to be used to handle inmates who have
not yet been sentenced. Most of the inmates in our facility today are
considered maximum security.
4. Have any other localities expressed interest in joining the regional jail?
The City of Salem and Roanoke County are working as partners on this
project due to the fact we already operate a regional jail. Franklin County and
Montgomery County are also experiencing overcrowding in their own facilities
and have actively taken part in meetings regarding construction of a new
regional jail. In addition, the two jurisdictions are participating in the required
preliminary studies for the project.
1
Attachment D
5. Why are sites for the proposed regional jail only being looked at in
Roanoke County and not in the other jurisdictions participating in the
jail study?
Roanoke County and Salem must build a new facility to house our growing
inmate population. The most desirable plan is to do so with Franklin and
Montgomery Counties as partners. But at this time neither Franklin nor
Montgomery Counties can officially participate in our regional jail. The
General Assembly must first approve their joining with us. Because of this
uncertainty and the fact we must have a larger facility Roanoke County is
pursuing a location in our own jurisdiction. The new facility will require a site
of approximately 30 acres in a central location to allow for the new facility, the
support buildings that will be required, parking, and the ability to expand on
the new site.
6. What are the selection criteria for the site?
There are ten criteria that we have considered in the preliminary search for
appropriate sites. These criteria are listed below:
a. Having a willing buyer and willing seller for the property
b. Proximity of the site to the court system
c, Proximity of the site to partner localities
d. Type and proximity of neighboring development
e. Availability of utilities (gas, water, sewer, electricity) and suitable
road structure
General lay of the land (some cuUfill will be required), flood plain
issues, drainage issues
Asking price of the property and estimated cost to develop the
site for this type of project
Access from major highway
Other limitations to the property (existing hazards or conditions
to be mitigated)
Existing zoning
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7. What type of inmates will be housed at the facility?
The facility will serve as a regional jail and may have sections within it for
multiple levels of risk. The facility will generally be used to house inmates
who have been sentenced, special population inmates, or inmates with
medical needs. It will be divided to provide effective management and
supervision of the inmates based on their classification. The existing local jails
of the partner agencies are expected to remain in use for inmates who have
2
Attachment D
not yet been sentenced or inmates involved in local diversion or work type
programs.
I 8. What will be the general appearance of the facility?
There will be some fencing to protect the outer facilities at the site and near
the entry areas; however, the general appearance would be similar to
buildings seen on a community college campus or other mid-rise level
buildings. Most of the program operations would be self-contained within the
structure of the building. An appropriate site will provide buffering for
neighboring properties.
9. Will the facility house inmates from jurisdictions other than those
Roanoke County is partnering with?
Generally, the inmates would be those convicted in the local courts of our
partnering jurisdictions. However, if there is empty bed space available in the
beginning, we may contract space to other agencies that are experiencing
overcrowding conditions.
10. How many inmates would the facility initially house?
One of the two required studies is called the Community Based Corrections
Plan, which looks at the capacity of the current jails, the number of inmates
actually housed in the facilities, the projected growth based on population
growth, the use of alternative corrections measures (electronic monitoring,
diversion programs) and the number of inmates proposed to be housed at the
local jails. Based on preliminary numbers, the new jail will likely have
approximately 600 beds to meet the needs of the four participating
jurisdictions for the next 10 years. The consultant will also provide some
projections for 15 and 20 year periods.
11. Are there plans for future expansion of the proposed facility?
The site that we choose should allow expansion of the building footprint by
50% without additional land acquisition. We may look to enhance the size of
the core equipment (kitchen, laundry, etc.) so that additional cells could be
constructed or other housing styles used with minimal capital cost in the
future.
3
Attachment D
12. What is the cost of the proposed regional jail and how will it be
funded?
The overall cost of adult corrections facilities is approximately $100,000 per
cell or $60 million for a 600-bed facility. If the new facility is a local jail
consisting of only one jurisdiction, the State may provide only 25% of the
allowable capital costs. If the approved jail is a regional jail, the State may
provide up to 50% of the allowable capital costs. We anticipate organizing
the localities into a jail authority, which would have the capability to borrow
money for the local cost to be repaid by the daily cost for housing the
inmates.
13. When Is construction to begin and when will it open?
Based on the funding cycle of the state, the authorization for the use of state
monies would not be available until July, 2006. Once the state approval
process is assured, work could proceed to begin the grading and site
development and complete the construction drawings. Actual construction
would begin in late 2006 with completion anticipated within two years.
14. Will there be an Increase in traffic in the area?
An increase in traffic from the employees at the facility, deliveries and
visitation by family members is anticipated.
15. How will the facility affect surrounding property values?
This type of facility should not adversely impact property values. It is similar
to an institutional or industrial operation without the environmental impacts.
Roanoke County has provided property value protection for neighborhoods
where we have placed operations in the past. For example, in the area of the
landfill at Smith Gap, residents' property values are protected with the
Roanoke Valley Resource Authority making up the difference if there was a
loss from a legitimate sale of the property. It is anticipated that a similar
approach will be taken for this project.
4
Attachment D
16. What will happen to the current Salem-Roanoke County jail?
We will continue to use the Salem-Roanoke County Jail to house inmates
who have not yet been sentenced.
17. Will the regional jail create any new jobs?
Some of the employees may come from the existing departments; however, a
significant number of new staff may be required. If the facility were to house
600 inmates, the staff for the new facility could be nearly 200, of which more
than half would be new hires. The staffing for a new jail is generally one staff
per three inmates in order to provide coverage 24 hours per day, 7 days per
week, This includes corrections officers (deputy sheriff) employees, treatment
staff, medical staff, etc.
5
Attachment E
Jail Project Schedule
Ongoing: Two required study reports which must be submitted to the Department
of Corrections prior to March 1, 2005 for consideration in the upcoming
funding cycle.
Consultant completing the Community Based Corrections Plan which
will determine the number of new beds that will be needed on behalf of
the four participating localities. This information will be forwarded to
the Consultant preparing the second required study.
Consultant completing the Program Plan, and Architect / Engineering
based study which will use the identified number of beds and level of
security and programming required to meet the needs for a minimum
of ten years. The first report will consider projections out ten and up to
twenty years to allow for an adequately sized and equipped facility.
December 7,2004
Board of Supervisors to consider authorizing the acquisition of an option
on the site(s) suggested for the regional jail project
January 2005
General Assembly to consider legislation granting a waiver from the
moratorium on the construction of new jail facilities for Franklin County and
Montgomery County, Salem and Roanoke County received their waiver during
the 2004 General Assembly and the new action will allow the four jurisdictions to
participate as a regional jail.
Prior to March 1, 2005
Deliver package of materials to the Department of Corrections requesting
approval for consideration to be included in the Governor's Capital Budget for the
2006 General Assembly. Major documents for this submittal include:
Community Based Corrections Plan
Program Plan
Site specific schematic of the proposed facility including schematic
floor plan, site plan, utility issues, traffic flow, access, etc. as well as
development plans for the site
Projected Six Year Operating Budget (and staffing) for the proposed
facility
Financing Plan (Capital Costing)
Resolution from the participating locality(s) or operating agreement
May - July, 2005
Attachment E
Consideration by the Board of Corrections of the plans and
recommendations from the staff of the Department of Corrections
Summer, 2005
Recommendation of the Board of Corrections forwarded to Governor for
consideration for inclusion in the Capital Budget for the 2006-2008 biennium.
December, 2005
Governor files budget plan and Capital budget for consideration by the
2006 General Assembly
January - February, 2006
General Assembly considers the budget items including capital budget
July, 2006
If capital project is approved and included in the Capital Budget, funding
would be available for the project.
After July 1, 2006
Construction of the jail could begin, funding would be arranged, acquisition
of the site completed, development of the site, and preparation for the new
operation. The construction will likely take approximately two years to complete.
The state share of the funding is a reimbursement basis and will be issued
after the approval of the construction.