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HomeMy WebLinkAbout2/13/2007 - Adopted Board Records AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 13, 2007 RESOLUTION 021307-1 AUTHORIZING ACCEPTANCE AND APPROPRIATION OF DONATIONS FROM THE ROTARY CLUB OF ROANOKE VALLEY AND OTHER INDIVIDUALS AND ORGANIZATIONS FOR PROJECT LIFESAVER OF THE ROANOKE COUNTY POLICE DEPARTMENT WHEREAS, the Rotary Club of Roanoke Valley (RCRV) has requested to support the Roanoke County Police Department's Project Lifesaver as one of its community service projects by financial contributions over an initial three-year period; and WHEREAS, the Roanoke County Police Department wishes to enter into an agreement with RCRV to create a cooperative relationship for sponsorship and support of the Department's Project Lifesaver and to provide a mechanism to receive funds from RCRV, as well as other individuals and community organizations who may wish to support Project Lifesaver, by establishing a designated escrow account under the control of the County's Finance Department; and WHEREAS, the Board of Supervisors of Roanoke County desires to accept donations on behalf of Project Lifesaver from RCRV and other individuals and organizations and to ensure that such donations are used specifically for equipment or supplies needed by individuals who are qualified to participate in this program. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1) The Roanoke County Police Department is authorized to enter into an agreement with the Rotary Club of Roanoke Valley (RCRV) to support the Project Lifesaver program, and the County Administrator is authorized to execute such agreement on behalf of the Police Department in such form as shall be approved by the County Attorney. 2) The Treasurer of Roanoke County is authorized to establish an identified escrow account to hold such funds as may be donated by RCRV and other organizations and individuals for the specific purpose of paying for equipment or supplies, or both, for the benefit of individuals qualified to participate in Project Lifesaver and to disburse such funds as may be directed by the Chief of Police or his designated representative. 3) The initial One Thousand Dollar ($1,000.00) donation from RCRV upon the execution of the aforementioned agreement, and any subsequent donation for Project Lifesaver, is hereby received and duly appropriated for the purposes of said program. 4) This resolution shall be in effect from its passage. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Wray, Church, Altizer, Flora, McNamara None A COPY TESTE: ~J~lL\~' C~U&lI)) Diane S. Childers, CMC Clerk to the Board of Supervisors c: Tarek Moneir, Deputy Director, Development Ray Lavinder, Chief of Police Lt. David McMillan, Grant Coordinator Joe Obenshain, Senior Assistant County Attorney Rebecca Owens, Director, Finance Kevin Hutchins, Treasurer 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 13, 2007 RESOLUTION 021307-2 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for February 13, 2007, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of minutes - January 23, 2007 2. Request from the schools to accept and appropriate grant funding totaling $27,559.79 3. Request from the schools to accept and appropriate grant funding totaling $52,298.00 4. Request from the Fire and Rescue Department to accept and appropriate funds in the amount of $57,571.50 for two grants from the Virginia Department of Health 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None A ~py TESTE: 1 . 1f1J Q) \~. {1JJ ril//i0 Diane S. Childers, CMC Clerk to the Board of Supervisors cc: Dr. Lorraine Lange, Schools Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance Rick Burch, Chief, Fire & Rescue 2 ACTION NO. A-021307-2.a ITEM NO. 1-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 13, 2007 AGENDA ITEM: Request from the schools to accept and appropriate grant funding totaling $27,559.79 APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools requests that the Board of Supervisors accept and appropriate the following funds: 1. The Virginia Department of Education provides Roanoke County Schools with an annual Carl Perkins entitlement for Career and Technical Education. Roanoke County will receive a supplement to its entitlement from funds unexpended by other school divisions during the 2005-2006 school year in the amount of $3,277.60. 2. The Virginia General Assembly has allocated funds to reimburse school divisions for the cost of student industry certification tests incurred by both students and the school division. The allocation for Roanoke County Schools will be $8,591.45. 3. The Virginia Division of Teacher Education and Licensure has forwarded a request for Mentor Teacher Program allocations to Roanoke County Schools. The funds in the amount of $12,224.94 will be used to support a new teacher induction program for new teachers to Roanoke County Schools. 4. Roanoke County Schools and Virginia Western Community College have an agreement whereby the college provides college level courses which are taught by Roanoke County Teachers who meet the college's criteria for adjunct professors. Roanoke County Schools added students to the dual enrollment count for first semester 2006-2007. VWCC reimbursed the school system $3,302.01 for services rendered. 5. The Roanoke County Schools Art Department received a grant in the amount of $163.79 from the Education Foundation to purchase contemporary magazines to share among the high schools. FISCAL IMPACT: 1. The Career and Technical Education department budget will be increased by 3,277.60. 2. The Career and Technical Education department budget will be increased by $8,591.45. 3. The mentor teacher allocations require a local match of 50 percent ($6,112.47) which will be taken from the instructional budget. The grant budget will be increased by $12,224.94. 4. The instructional budget will be increased by $3,302.01. 5. The art program budget will be increased by $163.79. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of funding In the amount of $27,559.79. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Absent Mr. Wray cg] D D Mr. Church cg] D D Mr. Altizer cg] D D Mr. Flora cg] D D Mr. McNamara cg] D D c: Dr. Lorraine Lange, Schools Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 ACTION NO. A-021307-2.b ITEM NO. 1-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: Request from the schools to accept and appropriate grant funding totaling $52,298 AGENDA ITEM: APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools requests that the Board accept and appropriate the following funds: Roanoke County Schools submitted a Learn and Serve Virginia; An Environmental Approach to Service Learning grant proposal to the Virginia Department of Education. The State has awarded has awarded two grants to Roanoke County Schools: 1. A grant titled "The Roots of the Watershed and Into the Stream" in the amount of $26,209 was awarded and will be based out of Glenvar Middle and Glenvar High schools. The grant will include training, programs and activities for all Roanoke County middle and high school science teachers. The grant requires an in-kind and cash match totaling $25,000 which will be satisfied by currently budgeted payments to the Science Museum contract. 2. A grant titled "Wolf Creek Walk" in the amount of $26,089 was awarded. The grant is a three-year grant and will provide opportunities for the students in the Service Learning Leadership Class to coming projects with Science Standards of Learning. An in-kind match is required which is allocated in the current budget. FISCAL IMPACT: The school grant fund will be increased by $52,298.00 ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of grant funding in the amount of $52,298.00 VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Absent Mr. Wray cg] D D Mr. Church cg] D D Mr. Altizer cg] D D Mr. Flora cg] D D Mr. McNamara cg] D D c: Dr. Lorraine Lange, Schools Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 ACTION NO. A-021307-2.c ITEM NO. 1-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 13, 2007 Request from the Fire and Rescue Department to accept and appropriate funds in the amount of $57,571.50 for two grants from the Virginia Department of Health AGENDA ITEM: SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief APPROVED BY: Elmer C. Hodge, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Fire and Rescue Department requests that the Board accept and appropriate the following grants: 1. The Virginia Department of Health, Office of Emergency Medical Services, awarded the Fire and Rescue Department a 50 % matching grant totaling $14,236.00 to purchase rescue extrication equipment. The new rescue extrication equipment is replacing 10 year old equipment. 2. The Virginia Department of Health, Office of Emergency Medical Services, awarded the Fire and Rescue Department a 50% matching grant totaling $43,335.50 to purchase an ambulance. The new ambulance is replacing a 9 year old ambulance with 100,000 miles that serves Roanoke County and Botetourt County FISCAL IMPACT: 1. The Roanoke County Fire and Rescue Department has budgeted funds for the 50% match that the State requires for the grant to purchase rescue extrication equipment. 2. The Roanoke County Fire and Rescue Department and the County of Botetourt have budgeted for the 50% match that the State requires for the grant for the new ambulance. Roanoke County Fire and Rescue will be responsible for $14,734.07 and Botetourt County will provide $28,601.43. AL TERNATIVES: 1. The department will not be able to purchase the new rescue extrication equipment without the matching funds from the State. (Grant #WV-C01 /12-06) 2. The department will not be able to purchase the new ambulance without the matching funds from the State. (Grant # WV-C01 /12-06). STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the grants funds in the amount of $57,571.50 into the Fire and Rescue Department's budget. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Absent Mr. Wray cg] D D Mr. Church [2J D 0 Mr. Altizer cg] D D Mr. Flora cg] D D Mr. McNamara cg] D D c: Rick Burch, Chief, Fire & Rescue Rebecca Owens, Director, Finance 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 13, 2007 RESOLUTION 021307-3 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None A ~py TESTE:t J 101. 0 ) \~ . . :i/;;J/l) Diane S. Childers, CMC Clerk to the Board of Supervisors cc: File AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 13, 2007 RESOLUTION 021307-4 PROCEEDING TO THE DETAILED DESIGN PHASE FOR THE CONSTRUCTION OF A NEW MUL TI- GENERATIONAL RECREATION CENTER UNDER THE PUBLlC- PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) allows the Roanoke County to create a public-private partnership to develop projects for public use; and WHEREAS, by Resolution 051304-4 the Board of Supervisors of Roanoke County adopted procedures for the implementation of the PPEA by Roanoke County; which were amended by Resolution 092606-2.c; and WHEREAS, First Choice Public Private Partners had submitted an unsolicited proposal under the provisions of the PPEA to construct a multi-generational recreation center for Roanoke County; and WHEREAS, by Resolution 111406-1 the Board of Supervisors of Roanoke County accepted the First Choice Public Private Partners unsolicited proposal for publication and conceptual phase consideration and it invited the submission of competing preliminary proposals; and WHEREAS, the County Administrator has reviewed this proposal and has recommended to the Board of Supervisors that it proceed to review this proposal at the detailed design phase. 1. That there is a public need for a multi-generational recreation center for Roanoke County. 2. That it chooses to accept the proposal from First Choice Public Private Partners to proceed to the detailed design Phase 2 proposal review pursuant to Section VI. B. of the County's procedures for the construction of a new multi-generational recreation center. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None A ~Opy TEWE(JJ~. lJ)u i (h . t!JJ/V Diane S. Childers, CMC Clerk to the Board of Supervisors cc: Dan O'Donnell, Assistant County Administrator Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Pete Haislip, Director, Parks, Recreation, & Tourism 2 ACTION NO. A-021307-5 ITEM NO. R-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 13, 2007 AGENDA ITEM: Request for authorization to enter into an agreement with a construction management/owner's representative firm for review of the Multi-Generational Recreation Center detailed design phase, negotiation of a tentative comprehensive agreement with First Choice Public Private Partners, and appropriation of $50,000 to the project SUBMITTED BY: Dan O'Donnell Assistant County Administrator APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In November 2006, the Board of Supervisors accepted a Conceptual Design proposal under the Public Private Education Facilities and Infrastructure Act (PPEA) from First Choice Public Private Partners for the development of a Multi-Generational Recreation Center on property owned by English Construction Company along Wood haven Road adjacent to Valley Pointe Business Park in North Roanoke County. The County advertised for competing proposals; however, no other proposals were submitted. First Choice Public Private Partners also submitted a check for $50,000 to defray the costs for reviewing a Detailed Design proposal and negotiating of a Comprehensive Agreement. Staff has advertised for construction management/owner's representative firms to provide these review and negotiation services and has begun the process of interviewing the firms. Staff believes these services to be necessary to make sure the detailed design proposal costs are fair, the level of design is appropriate, and to make sure the Comprehensive Agreement is negotiated in the best interest of the County. If the project moves forward to full design and construction, we contemplate asking the Board to appropriate additional funds to retain the firm to provide full construction management/owner's representation services for the duration of the project. The use of a construction management/owner's representative firm in PPEA projects was proven extremely beneficial to the County in the development of the new Public Safety Center and staff would recommend we again use this process for the Multi-Generational Recreation Center. FISCAL IMPACT: At this point, there is no obligation beyond the expenditure of the $50,000 fee submitted by First Choice Public Private Partners. ALTERNATIVES: 1) Authorize the County Staff to enter into a contract with a construction management/owner's representative firm to assist in Detailed Design phase review and negotiation of a tentative comprehensive agreement. This alternative also authorizes the appropriation of the $50,000 received from First Choice Public Private Partners for this purpose. 2) Do not authorize County staff to enter into a contract with a construction management/owner's representative firm. STAFF RECOMMENDATION: Staff recommends approval of alternative one. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Absent Mr. Wray [8J D D Mr. Church [8J D D Mr. Altizer ~ D D Mr. Flora [8J D D Mr. McNamara ~ D D c: Dan O'Donnell, Assistant County Administrator Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Pete Haislip, Director, Parks, Recreation, & Tourism Paul Mahoney, County Attorney 2 ACTION NO. A-021307-6 ITEM NO. R-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 13, 2007 Request to proceed with the detail design of the new South County Library on the Merriman site AGENDA ITEM: SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Diana Rosapepe Director of Libraries APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In September 2004, staff began looking for a site for a new South County library. Ten potential sites were identified. These sites were visited and ranked based on a predetermined set of evaluation criteria by staff and the Library board. On August 9,2005, these sites were reviewed with the Board of Supervisors. At the conclusion of that meeting, the Board asked staff to get a professional evaluation of the suitability of four of the sites. The Merriman site has remained as the one site that was available, affordable, and usable. The site does have wetlands and land in the 100 year floodplain. The library building itself will be completely out of the floodplain and the wetlands. We have done extensive test borings to make sure that the soils are suitable. Rather than mitigating the wetlands, we are building them into the plan as an educational and recreational feature of the site. We will enhance the wetlands and feature them with walking paths that will connect to the parks on two sides of the property. This will also add to the passive recreation areas as outlined in the Parks and Recreation Master Plan. We will work with Parks and Recreation to find grant funding to develop this area. The 56,000 square foot building will include over 11,000 square feet of community space, which can be closed off from the remainder of the library for after hours use. This section will include a large meeting room that can be subdivided into smaller rooms, an auditorium, a coffee shop with a drive-up window, a large computer lab, and the Young Adults section. The library will contain a themed children's area, a quiet reading room, individual study rooms, a variety of computer access stations, as well as the traditional fiction, non-fictions, audio-visual, and reference sections. FISCAL IMPACT: $2,016,838 has currently been appropriated to this project. Of this amount, $271,283 was used to purchase land on Grandin Road Extension. We do not need an additional appropriation at this time, but this amount will not be included in the final budget for the library. The site on Grandin Road Extension will be land banked for a future County project. STAFF RECOMMENDATION: Staff requests Board approval to proceed with the detail design of the library on the Merriman site, based upon the discussions in the earlier work session. VOTE: Supervisor Wray motion to approve staff recommendation Motion Approved Yes No Absent Mr. Wray cg] D D Mr. Church cg] D D Mr. Altizer cg] D D Mr. Flora cg] D D Mr. McNamara cg] D D c: Diane Hyatt, Chief Financial Officer Diana Rosapepe, Director, Library Services Rebecca Owens, Director, Finance 2 ACTION NO. A-021307-7 ITEM NO. R-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 13, 2007 AGENDA ITEM: Ratification and approval of agreement with Cardinal Criminal Justice Academy SUBMITTED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: The attached agreement allows the Roanoke County Sheriff to withdraw from Cardinal Criminal Justice Training Academy in order to better meet the future training and scheduling required of the department. The agreement also addresses the needs of Cardinal which provides training for other localities but has been unable to meet the growing demands placed upon our Sheriff's Office. In addition, the agreement reached will aid the County in establishing our own independent training academy to train our deputies and police officers. There is currently a State moratorium on the creation of new law enforcement training academies, but County staff, the Sheriff and Cardinal Criminal Justice Training Academy have come to an agreement that supports the County's goals. Roanoke County has long wanted to provide training for its police officers and Sheriff's deputies in a County facility and the attached agreement will help in attaining this goal without the need for any additional staff, or funding. SUMMARY OF INFORMATION: With 130 police officers and 110 Sheriff's deputies, Roanoke County is home to one of the largest law enforcement communities west of Richmond. In 2001, the Roanoke County Police Department withdrew from the Cardinal Academy and is therefore not affiliated with any academy. Much of the time, the department partners with the Roanoke City Police Department to provide training for its officers, but also takes advantage of openings in academies across the state to get the specialized training it needs. Because the department and County are growing, the Police Department has wanted to form its own independent law enforcement training academy that could also serve the needs of our Sheriff's Office. Many of our staff members are certified to train and classes could be held in the new public safety center. In 2006, the Roanoke County Sheriff's Office started the process to withdraw from the Cardinal Academy. The Sheriff's office required more flexibility in terms of training and scheduling and Cardinal had been unable to meet those needs. The intent to withdraw was filed in accordance with the five year window established by the General Assembly but the request failed to meet the required 2/3 vote by Cardinal member agencies. The Sheriff's goal and that of the Police Department are to provide more frequent training opportunities for our employees, to partner with other academies around the state for specialty/advanced classes and to partner with our Fire and Rescue Department to provide training consistent with the National Incident Management System (NIMS). The attached agreement signed by the County Administrator, Sheriff Gerald Holt, and Cardinal Criminal Justice Training Academy will allow the Roanoke County Sheriff to withdraw from Cardinal. The agreement also supports the County's efforts with the General Assembly in securing the necessary permission to create our own independent law enforcement training academy. Both of these goals were recognized as legislative priorities for the County in 2007. While this legislation is being considered by the General Assembly, the County Police Department and Sheriff's Office will be submitting an application to the Department of Criminal Justice Services to formally create an independent academy with the ultimate goal of better serving the law enforcement training needs of Roanoke County. FISCAL IMPACT: During the next five years, transition payments to Cardinal Academy can be taken from the funds already included in the Sheriff's budget for training. Thereafter, Roanoke County will realize a savings by training in our own academy. No additional funds are requested. ALTERNATIVES: 1. Ratify and approve the agreement with Cardinal Criminal Justice Academy. 2. Decline to ratify and approve the agreement and to support the Sheriff in initiating litigation against Cardinal. STAFF RECOMMENDATION: Staff recommends Alternative 1 contingent on a favorable vote by Cardinal Academy on February 15th to allow the Sheriff's Office to withdraw. If the General Assembly does not pass legislation this year granting Roanoke County's request for independent academy status, we will continue to lobby our local legislators and the General Assembly in the future. 2 VOTE: Supervisor Church motion to approve staff recommendation Motion Approved Yes No Absent Mr. Wray cg] D D Mr. Church cg] D D Mr. Altizer cg] D D Mr. Flora cg] D D Mr. McNamara cg] D D c: Gerald Holt, Sheriff Paul Mahoney, County Attorney 3 AGREEMENT This Agreement is made and entered into this 5th day of February, 2007, by and between the Board of Supervisors of Roanoke County (''Roanoke County"), Roanoke County Sheriff Gerald Holt ("Sheriff'), and Cardinal Criminal Justice Academy ("Cardinal"). The County and Sheriff will hereinafter be referred to collectively as ''the County." RECITALS A. The County wants to secure independent law enforcement training academy status. B. The Appropriation Act of the 2006 General Assembly currently prohibits the creation of new independent training academies. This prohibition is not included in general law, but is considered annually by the General Assembly and continued on an annual basis. C. Cardinal is concerned about the lost revenue that would result from the County's withdrawal from Cardinal. D. The parties have now resolved their concerns, and this Agreement reflects the resolution. NOW THEREFORE, In Consideration of these recitals and the mutual promises of the parties contained in this Agreement, the parties agree as follows: 1. In accordance with Va. Code gI5.2-1747 and Cardinal Criminal Justice Academy policy 129, ''Requests to Withdraw From Academy", Cardinal will reconsider its October, 2006 vote and will approve the withdrawal of the Sheriff from the Academy effective February 15,2007. 2. Cardinal and the COilnty will jointly inform the members of the General Assembly that the parties have resolved their dispute. They will request that budget bill amendments submitted by Senator Bell and Delegate Fralin be clarified so that they apply only to Roanoke County, and grant Roanoke County an exemption from the existing law that prohibits the Criminal Justice Services Board from approving the creation of a new criminal justice training academy. 3. Cardinal will not oppose these legislative actions to exempt the County from the prohibition against creating an independent academy. Cardinal and its member agencies will not oppose the County's application to the Criminal Justice Services Board for the authority to create an independent criminal justice training academy. 4. The County will not oppose the efforts of Cardinal to convince the new regional jail authority to train its personnel at Cardinal. 5. Except by mutual agreement of the parties, the County, its representatives, agents and employees, will not solicit any agency that was a member of Cardinal as of January 1,2007 or any future member agency of Cardinal to join and become a member of the County's independent academy, and will not accept any such agency as a member. Also except by mutual agreement of the parties, the County will not enter into any agreement to provide entry-level criminal justice training services to any such agency, including, without limitation, services provided without a fee, and will not provide such services to any of the aforesaid Cardinal member agencies with the exception of services to the Roanoke County Sheriff. Cardinal's governing council will reconsider the prohibitions in this section on or about July 1,2017 by voting on whether to continue or terminate the prohibitions, with a majority vote required. 6. The County will pay the sum of $45,000 per year to Cardinal for five years, on or before July 31 of each year beginning in July, 2007. 7. If the County breaches its covenants specified in paragraph 5 herein by providing the prohibited services without written agreement from Cardinal, the County will reimburse Cardinal for its damages suffered as a result of the breach, as follows: (a) $9,932.00 if an entry level jail school cannot be held or must be cancelled; or (b) Even if Cardinal does conduct an entry level school, the County will pay $2,000.00 per trainee for a jail school and $3,200.00 per trainee for a law enforcement school ifthe County provides services to those trainees. 8. If Cardinal breaches its covenants specified in paragraph 1 herein, the County will be entitled to rescind this Agreement. 2 9. If any party breaches this agreement, the breaching party shall be liable for the nonbreaching party's reasonable costs and attorney's fees incurred in connection with the breach. 10. Each party, and counsel for each party, has reviewed and participated in the formation of this agreement, and accordingly, any rule of construction to the effect that ambiguities be resolved against the drafting party will not be employed in the interpretation of this agreement. 11. This agreement shall be binding upon and inure to the benefit of all successors and assigns of each of the parties. 12. If any provision in this Agreement is found to be unenforceable, all other provisions will remain fully enforceable. 13. This Agreement contains the entire agreement between the parties with regard to the matters set forth herein. Witness the following signatures and seals: BOARDOFSUPER~SORSOFROANOKECOUNTY By E~lifzaror 1'" o.lJ ..___- J~~// c.- . CARDINAL CRIMINAL mSTICE ACADEMY By 9ifJ)nJU1}A( IJ~ G. Warren Wahl, II, Cbainnan ROANOKE COUNTY SHERIFF /! .~,g ~ If" By 1'.~\j.e'..z..rfJ:-f J. ~ .r Sheriff Geml Holt ~~i~ 2C.rJ / 3