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Home My WebLink About6/12/2007 - Regular Roanoke County Board of Supervisors Agenda June 12, 2007 Good afternoon and welcome to our meeting for June 12, 2007. 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 Thursday at 7:00 p.m. and on Saturday 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: Reverend Diane Scribner-Clevenger Unity Church of the Valley 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. Proclamation declaring June 15 and 16, 2007, as Relay for Life Days in the County of Roanoke D. BRIEFINGS 1 E. NEW BUSINESS 1. Introduction of Sarah Martin who has offered to donate approximately 14.6 acres of real estate adjacent to Happy Hollow Park to Roanoke County. (Pete Haislip, Director of Parks, Recreation and Tourism) 2. Request for reappointment of Special Assistant for Legislative Relations, authorization to continue an agreement, and an appropriation of funds. (Paul Mahoney, County Attorney) 3. Request to accept and appropriate $252,502 from the Town of Vinton for construction of a ball field at Vinyard Park. (Mark Courtright, Assistant Director of Parks) 4. Request for approval and appropriation of grant funds on behalf of Unified Human Services Transportation System (RADAR). (John Chambliss, Assistant County Administrator) 5. Request for authorization to execute a performance agreement between Roanoke County, Roanoke County Economic Development Authority, and Virginia Air Distributors. (Doug Chittum, Director of Economic Development) 6. Request for authorization to execute a performance agreement between Roanoke County, Roanoke County Economic Development Authority, and Kroger Limited Partnership. (Doug Chittum, Director of Economic Development) 7. Request to appropriate funds for the construction of traffic signalization at the intersection of Challenger Avenue and Valley Gateway Boulevard, Vinton Magisterial District. (Doug Chittum, Director of Economic Development) F. FIRST READING OF ORDINANCES 1. First reading of an ordinance to accept the conveyance from Sarah Martin of approximately 14.6 acres of real estate (Tax Map No. 75.00-2-26) located off Stoney Point Road near Mount Chestnut Road to the Board of Supervisors for Happy Hollow Park, Windsor Hills Magisterial District. (Pete Haislip, Director of Parks, Recreation and Tourism) 2. First reading of an ordinance authorizing the vacation of a right-of-way designated as Dallas Road as shown on the plat of North Burlington Heights Subdivision, Section 1, recorded in Plat Book 3, Page 57, in the Roanoke County Circuit Court Clerk's Office, said right-of-way located in the Hollins Magisterial District. (Arnold Covey, Director of Community Development) 2 3. First reading of an ordinance amending Section 2-9. Court Costs for Courthouse Security of the Roanoke County Code to increase the court cost for individuals convicted in Roanoke County courts to fund courthouse security personnel. (Paul Mahoney, County Attorney) G. SECOND READING OF ORDINANCES H. APPOINTMENTS 1. Clean Valley Council 2. Court Community Corrections Program Regional Community Criminal Justice Board 3. Parks and Recreation Advisory Commission (Appointed by District) 4. Western Virginia Water Authority I. 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 - May 8, 2007 (Joint meeting with the Town of Vinton) and May 22, 2007 2. Resolutions of appreciation to the following individuals upon their retirements: (a) Elizabeth Dennis, Parks, Recreation and Tourism Department, after thirty years of service (b) Paul Lipscomb, General Services Department, after twenty-seven years of services (c) Danny L. Wood, Fire and Rescue Department, after twenty-two years of service (d) Deborah Ladd, Information Technology Department, after five years of service 3. Request from the schools to accept and appropriate Medicaid funds in the amount of $40,000 4. Request to accept Amber Wood Court and Whittier Court into the Virginia Department of Transportation Secondary System, Catawba Magisterial District 3 5. Designation of voting delegate and alternate to the National Association of Counties Conference, July 13 through 17, 2007 J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Telecommunications Tax Comparison Report 5. Statement of the Treasurer's accountability per investment and portfolio policy as of May 31,2007 6. Proclamations signed by the Board N. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Richard C. Flora 2. Michael A. Wray 3. Joseph B. "Butch" Church 4. Michael W. Altizer 5. Joseph P. McNamara O. WORK SESSIONS (Training room - 4th Floor) P. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A (4) discussion of a personnel matter not related to public business. Q. CERTIFICATION RESOLUTION R. ADJOURNMENT TO MONDAY, JUNE 25, 2007, AT 5:30 P.M. FOR THE PURPOSE OF A JOINT MEETING WITH THE ROANOKE COUNTY SCHOOL BOARD, ROANOKE COUNTY SCHOOL ADMINISTRATION BUILDING, 5937 COVE ROAD, ROANOKE, VIRGINIA. 4 ACTION NO. ITEM NO. C-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 AGENDA ITEM: Proclamation declaring June 15 and 16,2007, as Relay for Life Days in the County of Roanoke SUBMITTED BY: Brenda J. Holton Deputy Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator ?/-j L..V~ ;t~r- COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Relay for Life is the signature fund-raising event of the American Cancer Society. It is an overnight event designed to celebrate survivorship and raise money for research and programs of the American Cancer Society. The event offers everyone in a community an opportunity to participate in the fight against cancer. The Roanoke Valley will hold their annual walk this year on June 15 and 16,2007, at Green Hill Park. Lori Hancock and Brenda Harris, Co-Captains of the ROCO Cruisers, a team comprised of County employees, friends, and family, have requested that the Board declare June 15 and 16, 2007, as Relay for Life Days in the County of Roanoke and encourage citizens to participate in the event. Attending the meeting to accept the proclamation will be Patti and Don Love, volunteers with the American Cancer Society, and Co-Chairs of the Roanoke Relay for Life; Ms. Hancock, and Ms. Harris. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 12,2007 PROCLAMATION DECLARING JUNE 15 AND 16, 2007, AS RELAY FOR LIFE DAYS IN THE COUNTY OF ROANOKE WHEREAS, the American Cancer Society funds more than $125 million of cancer research each year; and WHEREAS, 35,090 new cases of cancer are estimated to occur in the State of Virginia in 2007, and approximately 13,990 Virginians are expected to die from cancer this year; and WHEREAS, one in three people will be diagnosed with cancer during their lifetime; and more than two-thirds of all cancer deaths are preventable; and the five-year survival rate for all types of cancer has increased from 50 percent to 66 percent in the last 25 years; and WHEREAS, the goal of Relay For Life is to honor all those touched by cancer, increase awareness, and raise funds for the American Cancer Society; and WHEREAS, for the newly diagnosed, Relay for Life is a healing experience that offers a chance to meet others who have claimed victory over cancer; and WHEREAS, for the long-term survivor, Relay for Life is a public forum to demonstrate their gratitude and to tell the world that they are still here; and WHEREAS, Relay for Life is an opportunity to recognize caregivers for their hard work and dedication to those they love and care for; and WHEREAS, Roanoke, Virginia, was the site of the first Relay For Life in the State of Virginia; and since its inception, the Roanoke Valley Relay For Life has contributed over $5.5 million towards the fight against cancer; and WHEREAS, the Roanoke Valley Relay for Life will celebrate its 16th Anniversary at its Annual Walk on June 15 and 16, 2007, at Green Hill Park in Roanoke County. NOW THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby declare June 15 and 16, 2007, as RELAY FOR LIFE DAYS in the County of Roanoke and urge all citizens to join in the fight against cancer and participate in Relay for Life. 2 ACTION NO. ITEM NO. ~ - I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 AGENDA ITEM: Introduction of Sarah Martin who has offered to donate approximately 14.6 acres of real estate adjacent to Happy Hollow Park to Roanoke County SUBMITTED BY: Pete Haislip, Director Parks, Recreation and Tourism Elmer Hodge ~ ~~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At this time, we would like to introduce Ms. Sarah Martin, a very special resident of Roanoke County. Ms. Martin has a unique love of the outdoors, in particular for the beautiful mountainous scenery that many of us take for granted here in the Roanoke Valley. Her love of these mountains and the impact they provide on the quality of life we all enjoy has motivated herto see that some of it is preserved for future generations. She has chosen to purchase and to donate to Roanoke County, in perpetuity, a 14.7 acre tract of ridge line mountain land, located adjacent to Happy Hollow Park to serve the passive recreation needs of our residents. The unique thing about Ms. Martin is that she is not a wealthy person; she views herself as a normal citizen who cares about the environment and is concerned about the pace of development she has seen and its impact on the Roanoke Valley and those things that make it such a special place to Jive, work, and play. She hopes that her donation will serve as an example to other people to show that they can make a difference. The Parks and Recreation staff certainly appreciates this very generous donation. It will be something that all Roanoke County citizens will benefit from for all time. ACTION NO. ITEM NO. E--..~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 AGENDA ITEM: Request for reappointment of Special Assistant for Legislative Relations, authorization to continue an agreement, and an appropriation of funds SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: This action reappoints Eldon James & Associates, Inc. as Roanoke County's Special Assistant for Legislative Relations. It also continues the agreement with Mr. James previously approved. Finally, it appropriates funds for this agreement from the Unappropriated Balance. FISCAL IMPACTS The County will pay Eldon James & Associates, Inc. for the services of the Special Assistant $21,600 annually (240 hours at the rate of $90 per hour). Additional hours will be paid at a rate of $90 per hour and shall not exceed a total of 266 hours annually or a total payment of $24,000 annually. STAFF RECOMMENDATION: It is recommended that the Board (i) reappoint Eldon James & Associates, Inc. as Special Assistant for Legislative Relations, and (ii) appropriate $24,000 from the Board's FY 2007 -2008 Unappropriated Balance for these purposes. ACTION NO. ITEM NO. E-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 AGENDA ITEM: Request to accept and appropriate $252,502 from the Town of Vinton and authorize Parks, Recreation and Tourism to pay for the construction of a ball field at Vinyard Park SUBMITTED BY: Mark Courtright Assistant Director of Parks Elmer Hodge 0~ j/~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: /'1/ r1(/- /' JCi:/GG~~~ 1/ ~ SUMMARY OF INFORMATION: In 2003, the Town of Vinton began planning for improvements to the Vinton War Memorial building and grounds. Also located on the grounds of the War Memorial was the Jaycee baseball field and batting cages, utilized by the Vinton Booster Club. Early design concepts for the facility showed the need to relocate the batting cages. This resulted in the Town of Vinton funding the construction of a new two lane batting cage system at Goode Park and a four lane batting cage system at Vinyard Park for the Vinton Booster Club softball and baseball program. Additional design issues in 2005 concluded that the need for expanded parking would require the elimination of the Jaycee baseball field. Town officials and parks and recreation staff met with the Vinton Booster Club to discuss this issue and agreed that a replacement ball field would be constructed at Vinyard Park. The Town of Vinton agreed to fund the project at a cost of $252,502 and Roanoke County Parks, Recreation, and Tourism agreed to manage the design and construction of the new field. Parks and Recreation staff will also provide the final infield grading and the soil preparation and seeding of the outfield areas which will complete the installation of the infield. Parks staff prefers to complete these type tasks with all new ballfield projects as they have the expertise to ensure Roanoke County field standards are met. Construction for the ballfield has begun and the project is estimated to be completed in the fall of 2007. The construction schedule was coordinated with the Vinton Booster Club, and controls were put into place to permit work to take place during their league season. Barring unforeseen circumstances the field should be ready to play in the spring of 2008. We would like to publicly thank Kevin Boggess, Vinton Town Manager, and the Vinton Town Council for their support and cooperation in helping to maintain quality recreation facilities for the citizens of Roanoke County and the Town of Vinton. FISCAL IMPACT: None to Roanoke County ALTERNATIVES: 1. Accept and appropriate $252,502 from the Town of Vinton to Roanoke County to pay for the construction of a ball field in Vinyard Park. 2. Do not accept $252,502 from Vinton and require them to pay the contractor directly. STAFF RECOMMENDATION: Staff recommends Alternative 1: Accept and appropriate $252,502 from the Town of Vinton and authorize Parks and Recreation to pay for the construction of a ball field at Vinyard Park. 2 ACTION NO. ITEM NO. E- - 4~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 AGENDA ITEM: Request for Approval and Appropriation of Grant Funds on behalf of Unified Human Services Transportation System (RADAR) SUBMITTED BY: John M. Chambliss, Jr. Asst. County Administrator Elmer C. Hodge dn-c---/ f( --y ~ County Administrator - 6 ' APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~J ~rr:~~ SUMMARY OF INFORMATION: Unified Human Services Transportation System (RADAR) who operates the CORTRAN program on behalf of Roanoke County has been advised by the Virginia Department of Rail and Public Transportation that their equipment grant has been amended to provide an addition $7,700 to be the State match for the purchase of two replacement vans and for the purchase of software. The State monies must pass through a local government sponsor. The Federal dollars have been allocated directly to RADAR and they will provide the required local match. No new Roanoke County dollars are required for this program. FISCAL IMPACT: The $7,700 pass through grant of state monies from the Virginia Department of Rail and Public Transportation to RADAR requires no new funding from Roanoke County. The Federal share is allocated directly to RADAR and RADAR will provide the local match. STAFF RECOMMENDATION: Staff recommends accepting the State Grant on Behalf of RADAR and appropriating said monies for the purchase of the capital equipment. ~;'l. li ::~ :(f "..'l 'I p-~! " r'. "~.~.. :~ll\"~:;'! 'l~i'" -~, _;v~ , ~.. COMMONWEALTH of VIRGINIA MATTHEW O. TUCKER DIRECTOR DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION 13 13 EAST MAIN STREET, SUITE 300 P.O. BOX 590 RICHMOND, VA 23218-0590 (804) 786-4440 FAX: (804) 786-7286 VIRGfN1A RELAY CENTER 1-800-828-1120 (TOO) May 16, 2007 Mr. Curtis Andrews RADAR P.O. Box 13825 Roanoke, VA 24037 Dear Mr. Andrews: Subject: FY2007 Project Agreement for Use of Commonwealth Mass Transit Funds I am pleased to enclose for your execution two copies of a "Project Agreement for Use of Commonwealth Mass Transit Funds Fiscal Year 2007." TIle Project Agreement incorporates the Master Agreement and serves as your authority to spend grant funds approved by the Commonwealth Transportation Board for the projects during the time periods specified. Please review both agreements carefully before signing. For the Project Agreement verify the budget and amounts of state and local assistance. Complete execution by having both copies of each agreement signed and witnessed. Retain one copy of each agreement for your records and return the other copy to: Mr. John Garofalo Virginia Department of Rail and Public Transportation 1313 E. Main Street, Suite 300 Richmond, Virginia 23219 The agreements must be executed and retumed to this office within 30 days of the date of this letter or DRPT may withdraw its offer of financial assistance. Please note that all grants have a project time period specified. It is our intention to close all grants at the end ofthe project time period after which funds will no longer be available under the grants. Project time periods can be extended only by an amendment to the Project Agreement. Invoicing instructions will follow. If you have any questions regarding the agreements, please contact me at (804) 786-4637. Sjncer~ 't ~mn!f DRPT Fiscal Assistant Enclosures (2) The Smartest Distance Between Two Points www.drpt. virginia.gov AMENDMENT TO THE PROJECT AGREEMENT FOR USE OF COMMONWEALTH TRANSPORTATION FUNDS Fiscal Year 2007 The Project Agreement between the Virginia Department of Rail and Public Transportation and the County of Roanoke (UHSTS/RADAR), dated October 1, 2006 is hereby amended to increase by $7,700; from $79,263 to $86,963 to amend Appendix B-l.2 in the amount of $7,700 to provide the state share of capital items. All other terms and conditions of the original agreement are unchanged. IN WITNESS WHEREOF, the Virginia Department of Rail and Public Transportation and the County of Roanoke (UHSTS/RADAR) has executed this endment on April 8, 2007. WITNESS BY: COMMONWE DEPARTME NSPORTATION Bd~~ ~~ Director - County of Roanoke, Virginia WITNESS BY: BY: DATE: TITLE: .- Appendix B-1.2 VA18X027 State Capital Project Agreement Summary Project Number: 42006-68 Grant Recipient: Unified Human Services Transportation Systems Inc. - RADAR Project Start Date: April 8, 2007 Project Expiration Date: December 30,2010 Maximum State Share of Eligible Expenses: $7,700 Maximum State Percentage of Non-federal expenses is 22% EIN: 541003310 Capital Project Agreement Budget Detail Expense Detail Approved Expenses Cumulative Balance Budget This Period Expenses 11.42.08 Purchase ADP Software 11.12.15 Purchase 2 Replacement Vans $75,000 $100,000 Total Expenses $175,000 Expense Summary Federal share of project cost (80%) State share of project cost (22% of Non-Fed) Local share of project cost (78% of Non-Fed) $140,000 $7,700 $27,300 ACTION NO. ITEM NO. E-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 Request for authorization to execute Performance Agreement between Roanoke County, The Roanoke County Economic Development Authority (EDA), and Virginia Air Distributors, Inc. AGENDA ITEM: SUBMITTED BY: Doug Chittum Economic Development Director /' /-:1 IJ~ Elmer C. Hodge ~-1?V'~ r (.;;s r County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: j&~~J I;f~~ SUMMARY OF INFORMATION: Virginia Air Distributors is an independent wholesale distributor of HVAC equipment and supplies with 14 locations in Virginia, West Virginia, North Carolina, Ohio and Pennsylvania. They are experiencing dramatic growth in both sales volume and employment and have outgrown their current Roanoke location. After conducting a regional site search Virginia Air has purchased 1.7 acres located off Plantation Road and Walrond Drive for the purpose of constructing a new facility allowing for future growth. The site is adjacent to Walrond Park and the company has worked closely with Roanoke County during the site planning process. To develop the site, off site public infrastructure improvements were needed that required the granting of easements by the County in exchange for certain improvements to Walrond Park that will be performed by the company. The Board of Supervisors took action on this matter at its last meeting. A Performance Agreement has been negotiated under the guidelines of the Counties adopted Public Private Partnership Policy. The general terms of the Agreement are as follows: . Virginia Air will construct a 23,000 square foot office and distribution facility representing a $2m investment by December 31,2007. . The company will construct public infrastructure improvements including water and sewer extensions to Western Virginia Water Authority standards and storm water detention facilities as required by the County and the Commonwealth. These improvements include off site improvements to Walrond Park. . After completing these improvements, obtaining a final Certificate of Occupancy and operating at the new facility for a full year, the EDA shall make a grant equal to one year of new local tax revenue with funds provided by the County in an amount not to exceed $100,000. FISCAL IMPACT: Per the Performance Agreement the economic development grant will be calculated as a reimbursement based on actual new tax revenues, therefore the financial impact will be in the form of forgone revenue. No current funds are needed. However, significant future revenues to the County as well as new jobs will be created as a result of this project. STAFF RECOMMENDATION: Staff recommends authorizing the execution of a Performance Agreement between Roanoke County, The Roanoke County Economic Development Authority, and Virginia Air Distributors, Inc. 2 PERFORMANCE AGREEMENT THIS PERFORMANCE AGREEMENT (the" Agreement") is made as of this _ day of ,2007, by and between ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, (hereafter, the "County"), THE ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, (hereafter, the" Authority"); and VIRGINIA AIR DISTRIBUTORS, INC., a Virginia corporation, (hereafter, the "C ") ompany . WITNESSETH WHEREAS, the Roanoke County Board of Supervisors and the Authority desire to promote and encourage the economic development and vitality of Roanoke County and the Roanoke Valley through the construction of new business and the retention and expansion of existing business in order to provide for retained and increased employment and corporate investment in Roanoke County; and WHEREAS, the Company desires to construct an office and distribution facility (the "Project") on portions of a tract of real estate consisting of approximately 1.7 acres located off Plantation Road and Walrond Drive, further described as tax map parcel number 027.10-10-01.00-0000 in Roanoke County (the "Property"); and WHEREAS, the County and the Authority expect that the Company will maintain high quality employment opportunities for the citizens of the Roanoke Valley with the completion of the Project which will promote economic development and generate new local tax revenues for Roanoke County; and WHEREAS, this increased employment and investment constitutes a valid public purpose for the expenditure of public funds. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree to the following: 1. Site Development by the Company. A. The Company will cause the Project to be constructed and developed, subject to obtaining ordinary and necessary governmental approvals from the County and any other governmental agencies. B. The Company shall construct an approximately 23,000 square foot new office and distribution facility for its wholesale distributorship of heating, ventilation, and air conditioning equipment and supplies with a construction cost of approximately $2 million including land and building by December 31, 2007. C. The Company shall construct certain public infrastructure improvements, including: (i) public water and sewer extensions built to the standards of the Western Virginia Water Authority to serve this Project, and (ii), storm water detention facilities as required by the County and the Commonwealth of Virginia. The Company shall take all steps necessary to have the improved storm water management systems approved by the County and Commonwealth of Virginia, and the water and sewer extensions accepted by the Western Virginia Water Authority. 2 D. The Company agrees to provide the County and the Authority any and all documentation that may be required to verify the investment and construction costs (as referenced in paragraph 2.A) for the duration of this Agreement. 2. Procedures for the disbursement of Authority funds to the Company. A. Upon completion of the construction of the Site Development improvements described in paragraph I, acceptance of the water and sewer utilities by the Western Virginia Water Authority, the issuance of a final certificate of occupancy for the new office and distribution facility, and the generation of "New Local Tax Revenues" during the 2008 calendar year, the Authority shall make a Grant to the Company with funds provided by the County in an amount not to exceed $100,000.00. B. In calendar year 2009, the County shall appropriate to the Authority sums sufficient for an Economic Development Incentive Grant for the benefit of the Company. These sums sufficient amounts will equal a total of one year of "New Local Tax Revenues." The term, "New Local Tax Revenues," means the total of (i) new local real estate taxes, (ii) new sales and use taxes, (iii) new business personal property taxes and (iv) new business professional and occupational license taxes (BPOL) generated annually by the Project. It is estimated that the total amount of the Economic Development Incentive Grant will total $100,000. If the Company generates less than the estimated New Local Tax Revenues, then the actual Grant shall be less than the estimated total. The Authority, upon receipt of this annual appropriation of funds from the County, will award an Economic Development Incentive Grant to the Company to 3 assist with its start-up and site development costs, construction of the Company's improvements and facilities, and new employment. C. Within sixty (60) days of the end of the calendar year 2008, the Company shall provide such financial and tax revenue data relating to the Project as may be reasonably required by the Authority so that the Authority may calculate the actual grant award amount. The Company hereby authorizes the Commissioner of the Revenue for Roanoke County and the Commonwealth of Virginia to release to the Authority and the County its confidential tax information and data so that the Authority may calculate the actual grant award amount. The Authority shall pay the annual grant award amount to the Company at an address designated by the Company within thirty (30) days after receipt by the Authority of the data. D. If the Company fails to complete the construction of the new office and distribution facility or fails to construct the public infrastructure improvements described in paragraph 1 by December 31, 2007, then the Authority shall be relieved of any obligation to the Company for any Economic Development Incentive Grant and the Company shall be relieved of any obligations under this Agreement. 3. The Company shall have the right to assign this Agreement to a separate entity provided that any such assignment shall not relieve the Company of its obligations herein. 4. If any party is unable to perform its commitments under this Agreement by reason of force majeure, then that party shall not be deemed to be in default of its obligations under this Agreement, and any deadlines for the performance of its 4 obligations and! if applicable, the deadlines for the performance of the other party's obligations shaH be extended for a time equal to the time period of the force majeure event, plus ten days. The term a "force majeure" as used herein, shaH include without limitation acts of God; hurricanes, floods, fire, tornadoes, earthquakes, storms; strikes or other industrial disturbances; acts of public enemies; orders of governmental authorities; insurrections; riots; epidemics. 5. This Agreement shall be governed by and all disputes related hereto shall be determined in accordance with the laws of the Commonwealth of Virginia. 6. This Agreement and any payments of public funds are subject to future appropriations by the Board of Supervisors to the Authority. IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first above written. Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Paul M. Mahoney, County Attorney By: Elmer C. Hodge, County Administrator STATE OF VIRGINIA ) )ss COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this _ day of , 2007, by Elmer C. Hodge, Jr., on behalf of the Board of Supervisors for Roanoke County, Virginia. Notary Public My Commission expires: 5 Approved as to form: ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY By Attorney for EDA By: Chairman ST A TE OF VIRGINIA ) )ss COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this _ day of 2007, by , Chairman of the Economic Development Authority of Roanoke County, Virginia. Notary Public My Commission expires: _/ _/ _ VIRGINIA AIR DISTRIBUTORS, INC. By: Its: STATE OF ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2007, by as of Virginia Air Distributors, Inc. Notary Public My Commission expires: _/ _/ _ 6 ACTION NO. ITEM NO. E-G, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 AGENDA ITEM: Request for authorization to execute Performance Agreement between Roanoke County, The Roanoke County Economic Development Authority, and Kroger Limited Partnership SUBMITTED BY: Doug Chittum Economic Development Director Elmer C. Hodge (d~ ){c..tJ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: /t~G7?~'>>~ ~rr,J SUMMARY OF INFORMATION: Kroger Limited Partnership recently purchased a 22.86 acre tract of land located in the Valley Gateway Business Park for the purpose of constructing a new retail shopping center. A new 84,000 square foot Kroger grocery store will serve as the anchor to the center. The center will also house a 21,900 square foot retail small shop facility as well as a Kroger fuel center, and four additional out parcels allowing for four separate retail facilities. Cost to construct the Kroger store project and necessary public infrastructure to serve the new center is estimated to be $22m. It is further estimated that the Kroger store will generate in excess of $500,000 per year in new tax revenue to Roanoke County. At full build out, the new center should generate in excess of $1.5m in new tax revenue to the County. A Draft Performance Agreement (attached) has been negotiated between Kroger, Roanoke County and the Roanoke County Economic Development Authority. The general terms of the Agreement follow the Counties' adopted Public Private Partnership guidelines and are as follows: 1) Kroger Limited Partnership will develop the Valley Gateway site in the manner described above. 2) Kroger will construct all necessary public infrastructure improvements related to the development including water and sewer extensions, on and off site storm water detention facilities as required by the County and the Commonwealth, and public highway improvements to Challenger Avenue and Valley Gateway Boulevard built to VDOT standards. 3) Upon completion of the Project the EDA shall, with funds provided by the County, make a grant to the company in an amount equal to one year of new tax revenues generated by the new Kroger grocery store and fuel center. FISCAL IMPACT: Per the Performance Agreement the economic development grant will be calculated as a reimbursement based on actual new tax revenues, therefore the financial impact will be in the form of forgone revenue, No current funds are needed. However, significant future revenues to the County will be created as well as new jobs as a result of this project. STAFF RECOMMENDATION: Staff recommends authorizing the execution of a Performance Agreement between Roanoke County, The Roanoke County Economic Development Authority, and Kroger Limited Partnership. 2 PERFORMANCE AGREEMENT THIS PERFORMANCE AGREEMENT (the II Agreement") is made as of this _ day of , 2007, by and between ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia with an address for notices of: County of Roanoke, P.O. Box 29800, Roanoke, V A 24018-0798, (hereafter, the "County"), THE ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia with an address for notices of: The Economic Development Authority of Roanoke County, P.O. Box 29800, Roanoke, VA 24018-0798, (hereafter, the II Authority"); and KROGER LIMITED PARTNERSHIP I, an Ohio limited partnership with an address for notices of: Kroger Limited Partnership I, P.O. Box 14002, Roanoke, VA 24038-4002, (hereafter, the "Company"). WITNESSETH WHEREAS, the Roanoke County Board of Supervisors and the Authority desire to promote and encourage the economic development and vitality of Roanoke County and the Roanoke Valley through the construction of new business in order to provide for retained and increased employment and corporate investment in Roanoke County; and WHEREAS, the Company desires to construct a new, approximately 84,000 square foot Kroger grocery store, a fuel center, a 21,900 square foot retail facility, and 1 four additional retail out-lots subdivided from a tract of real estate consisting of approximately 22.86 acres located off Valley Gateway Boulevard and Challenger Road, further described as tax map parcel number 50.01-01-05.08 in Roanoke County (the "Property") (collectively the "Project"); and WHEREAS, the County and the Authority expect that the Company will maintain high quality employment opportunities for the citizens of the Roanoke Valley with the completion of the Project which wilI promote economic development and generate new local tax revenues for Roanoke County; and WHEREAS, this increased employment and investment constitutes a valid public purpose for the expenditure of public funds. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree to the following: 1. Site Development by the Company. A. The Company will cause the Project to be constructed and developed, subject to obtaining ordinary and necessary governmental approvals from the County and any other governmental agencies. B. The construction for the Project shall be approximately $22 million. C. The Company shall construct or cause to be constructed certain public infrastructure improvements, including: (i) public water and sewer extensions built to the standards of the Western Virginia Water Authority to serve this Project, (ii) both on-site and off-site storm water detention facilities as required by the County and the Commonwealth of Virginia, and (iii) public highway improvements to Challenger 2 Avenue (US Route 460) and Valley Gateway Boulevard built to Virginia Department of Transportation standards as shown on the "Off-site Improvements Plan and Details" prepared by LMW, Inc. dated 11/20/06, as revised on 5/23/07 (attached hereto as Exhibit" A"), as the same may be modified by the Company as necessary. The Company shall take all steps necessary to have the new road, and associated storm water management systems dedicated and accepted into the Commonwealth's system of public highways, and the water and sewer extensions dedicated and accepted by the Western Virginia Water Authority, and have the subdivision plat recorded. D. The Company agrees to provide the County and the Authority any and all documentation that may be required to verify the investment and construction costs (as referenced in paragraph 2.A) for the duration of this Agreement. 2. Procedures for the disbursement of Authority funds to the Company. A. Upon completion of the construction of the Site Development improvements described in Section L dedication and acceptance of the new road improvements into the Commonwealth's system of public highways, acceptance of the water and sewer utilities by the Western Virginia Water Authority, recordation of the subdivision plat, the issuance by the County of a final certificate of occupancy for the new Kroger grocery store, and the generation of "New Local Tax Revenues" during the 2009 and 2010 calendar years, the Authority shalt with funds provided by the County, make a Grant to the Company in an amount estimated to be $500,000 a year for two years. This grant shall be based solely upon New Local Tax Revenues generated by the 3 new Kroger grocery store and fuel center, and not for any ancilIary retail commercial developments. If all of the Site Development improvements are completed but the installation of the traffic signalization at the intersection of Valley Gateway Blvd. and Challenger Ave. (U.S. 460) is not completed by December 31, 2008, then the calendar years for the calculation of the New Local Tax Revenues and the Grant shall be deferred until the installation is completed. B. Beginning in calendar year 2009, the County shall appropriate to the Authority in two annual installments (in 2010 and in 2011) sums sufficient for an Economic Development Incentive Grant for the benefit of the Company. These sums sufficient amounts will equal a total of one year of "New Local Tax Revenues." The term, "New Local Tax Revenues," means the total of (i) new local real estate taxes, (ii) local share of sales taxes generated annually by the Project, (iii) BPOL taxes, (iv) meals taxes, and (v) business personal property. It is estimated that the total amount of the Economic Development Incentive Grant will total $500,000 per year; however if the Company generates in excess of the New Local Tax Revenues estimated, then the actual Grant shall be greater than the estimated total. If the Company generates less than the estimated New Local Tax Revenues, then the actual Grant shall be less than the estimated total. The Authority, upon receipt of this annual appropriation of funds from the County, will award an Economic Development Incentive Grant to the Company to assist with its start-up and site development costs, construction of the Company's improvements and facilities, and new employment. 4 C. Within sixty (60) days of the end of the calendar years 2009 and 2010, the Company shall provide such financial and tax revenue data relating to the Project as may be reasonably required by the Authority so that the Authority may calculate the actual grant award amount. The Company hereby authorizes the Commissioner of the Revenue for Roanoke County and the Commonwealth of Virginia to release to the Authority and the County its confidential tax information and data so that the Authority may calculate the actual grant award amount. The Authority shall pay the annual grant award amount to the Company at the address designated by the Company in this Agreement within thirty (30) days after receipt by the Authority of the data. D. If the Company does not complete the construction of the new Kroger grocery store or fails to construct the public infrastructure improvements described in paragraph 1 by August 31,2008, then the Authority shall be relieved of any obligation to the Company for any Economic Development Incentive Grant and the Company shall be relieved of any obligations under this Agreement. 3. The Company shall have the right to assign this Agreement to a separate entity provided that any such assignment shall not relieve the Company of its obligations herein. 4. If any party is unable to perform its commitments under this Agreement by reason of force majeure, then that party shall not be deemed to be in default of its obligations under this Agreement, and any deadlines for the performance of its obligations and, if applicable, the deadlines for the performance of the other party's 5 obligations shall be extended for a time equal to the time period of the force majeure event, plus ten days. The term a "force majeure" as used herein, shall include without limitation acts of God; hurricanes, floods, fire, tornadoes, earthquakes, storms; strikes or other industrial disturbances; acts of public enemies; orders of governmental authorities; insurrections; riots; epidemics. 5. This Agreement shall be governed by and all disputes related hereto shall be determined in accordance with the laws of the Commonwealth of Virginia. 6. This Agreement and any payments of public funds are subject to future appropriations by the Board of Supervisors to the Authority. 7. This Agreement may be executed in any number of counterparts each of which shall be considered an original, but together shall constitute one and the same Agreement. REMAINDER OF PAGE INTENTION ALLY LEFT BLANK SIGN A TURE PAGE TO FOLLOW IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first above written. Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By By: 6 Paul M. Mahoney, County Attorney Elmer C. Hodge, County Administrator STATE OF VIRGINIA ) )ss COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this _ day of , 2007/ by Elmer C. Hodge, on behalf of the Board of Supervisors for Roanoke County, Virginia. Notary Public My Commission expires: Approved as to form: ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY By Attorney for EDA By: Chairman STATE OF VIRGINIA ) )ss COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this _ day of 2007/ by , Chairman of the Economic Development Authority of Roanoke County, Virginia. Notary Public My Commission expires: KROGER LIMITED PARTNERSHIP I By: KRGP Inc., its general partner By: Its: 7 STATE OF Ohio) )ss COUNTY OF Hamilton) The foregoing instrument was acknowledged before me this _ day of 2007, by I as of KRGP Inc., and Ohio Corporation, the general partner of Kroger Limited Partnership I, on behalf of the partnership. Notary Public My Commission expires: 8 .....x>-.~_~"'.wl ..~~~, eg_"2'ore-OIo1l""'" .~:'~~~ VINI~MIA 'A..LNnOJ 3>10NVOM S:;.LR(I"1iP'[;"n... :..,.:t ........""3 l:Jlc:LLSIO lV'1C:l31SI~W4 NOINIA o.u<:Q~'_M '" ....-- ~~O..-z ";)'d A\ li\1 '1 ~6r-C:l :311S 3C:101S M3N ..., Sl.~~olB,j' ~~c::..:::~" - Sl,1GIIIO:) 1IB:Ia QoI .... """ OW <( \ n +-' -h ~ ~~ ..c ~ ~ ~ . "'. b! ; ..c ~ III ~ ; i i >< ~ iqKi ~ ~ W ~ i ~ 1;9 ~ i; ~ ~ - ~ ! ..~po :. ~~ ~ '-8 : i i~! Hl ~ ~. w~. ~ ~ HI I .. ! ~ '" ~ o l>. o '" l>. ... I z ~ g ~~. frl ~~~ c~ i'm~ ~z (jjz 59 o=:: ~~ -<~ ~..: ~~ i:i~ ::t~ ~~~ i~ U ~ i" ~ ~ ~~ ~! w, ~ . ~ ; ~ I ~ i ~ i'S .i ~ . a~1I i 1~ ~ w (J w z :3 z I:t: ~ I- g II) ~ oq- ~. ~. I:t:. \ , \ I ------~ \ ' \\ I' 1'1' I ~ \ ,~ \ . I~ LI \ J 'Q r ,~ 1\ . ,\ I ii a E. ! Ii ! i 3i I ! .. S l! Ill! ;i I i! Ie; !I :i: jl I. i l!ai . it ~n; i~ i a;1 h ~ .s.t. ..."... " ACTION NO. ITEM NO. E-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 Appropriation offunding to construct traffic signalization at the intersection of Challenger Avenue and Valley Gateway Boulevard AGENDA ITEM: SUBMITTED BY: Doug Chittum Economic Development Director Elmer C. Hodge 02,-"-,,, I t~~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ cvlY""~/ SUMMARY OF INFORMATION: When the Valley Gateway Business Park was created in 1997 it was the Counties intent to construct a three-way traffic signalization at the intersection of Challenger Avenue and Valley Gateway Boulevard when the warrants were met and approved by VDOT. This commitment was further evidenced in 1997 when the County stated in the Performance Agreement with Integrity Windows that we would use our best efforts to bring about the location of a traffic signal at the before-mentioned intersection. This commitment by the County was critical in attracting Integrity to their site in Valley Gateway. Integrity has since doubled the size of their facility making the location of a traffic signal even more important to their operation. Recognizing the increase in traffic that will occur due to proposed additional development in this area, a recent traffic study has called for the construction of this signal, and VDOT has agreed that the warrants will be met with the traffic volumes that will soon be experienced. Last year in anticipation of this situation, the County provided funding in the amount of $10,000 for VDOT to design the signal. Total cost to construct the signal is estimated to be $200,000. Therefore, additional funding is needed to construct this important public infrastructure improvement. FISCAL IMPACT: $96,766.44 is currently available in the Valley Gateway Infrastructure Capital Account. The additional funding needed for this project is available in the Public Private Partnership Capital Account for Economic Development. STAFF RECOMMENDATION: Staff recommends appropriating $125,000 from the Public Private Partnership Capital Account to the Valley Gateway Infrastructure Account (allowing for contingency) for the purpose of constructing this traffic signalization, thus honoring the Counties commitment to provide this safety enhancing amenity to the citizens and businesses that are affected by increasing traffic in this area. 2 ACTION NO. ITEM NO. r:: - / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 AGENDA ITEM: First Reading of an ordinance to accept the conveyance from Sarah Martin of approximately 14.6 acres of real estate (Tax Map No. 75.00-2-26) located off Stoney Point Road near Mount Chestnut Road to the Board of Supervisors for Happy Hollow Park SUBMITTED BY: Pete Haislip, Director Parks, Recreation and TOUriSj / Elmer C. Hodge ~ f1~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ c.(''f~~.f'. llt, ')J(-A:.. A;".:,/ ~..,' fi~.~ ~ r;fJ/~ ,.:p{ ~ ,~ SUMMARY OF INFORMATION: In 2004, Ms. Sarah Martin purchased approximately 14.6 acres of land, Tax Map No. 75.00-2-26, which is contiguous to Happy Hollow Gardens Park located in the Windsor Hills Magisterial District. Ms. Martin had grown up traveling the mountain roads of Southwest County and was concerned about the pace of development in the area. In 2006, Ms. Martin approached Roanoke County Parks, Recreation and Tourism about the possibility of donating the property to Roanoke County. She felt that this particular parcel was an ideal piece of property to preserve as it was located adjacent to an existing County park which was being encroached upon by development along its boundaries. In respect forthe love of nature she inherited from her parents, particularly her father, Ms. Martin has graciously offered to donate this property to the County for the purpose of conserving the land in its natural state as a forest and habitat for wildlife and as a nature park for the benefit of all of the citizens of the County. The County will paying all of the closing costs, estimated to be $1,100. Ms. Martin hopes that her generous donation will serve as an example of environmental stewardship and that the preservation of this property will encourage other County citizens to do the same for other lands in the County that they hold dear. Consistent with Ms. Martin's wishes, the Department intends to manage the property as a special use park in keeping with the current management philosophy of Happy Hollow Gardens Park, with the focus directed towards the sensitive development of primitive woodland trails and passive recreation areas. The property will be kept in its natural state which is consistent with Happy Hollow Gardens Park. The addition of this property to Happy Hollow Gardens Park will enable the Department to provide additional opportunities for passive, nature-based recreation, which is responsive to needs identified in the Community Attitude and Interest Survey that was conducted in support of the development of the Comprehensive Master Plan for Parks and Facilities. Access to future development will not be allowed to go through the park. The Department is indeed indebted to Ms. Martin for her act of kindness and generosity that will allow the County to better meet the passive park needs of its citizenry. FISCAL IMPACT: Funds in the amount of $1,100 to cover closing costs are available in the Parks, Recreation and Tourism budget. ALTERNATIVES: 1. Accept the donation of approximately 14.6 acres of real estate (Tax Map No. 75.00- 2-26) contiguous to Happy Hollow Gardens Park from Ms. Sarah Martin. 2. Decline the donation of approximately 14.6 acres of real estate (Tax Map No. 75.00- 2-26) contiguous to Happy Hollow Gardens Park from Ms. Sarah Martin. STAFF RECOMMENDATION: Staff recommends Alternative 1: Accept the donation of approximately 14.6 acres of real estate (Tax Map No. 75.00-2-26) contiguous to Happy Hollow Gardens Park from Ms. Sarah Martin. 2 ,~ :s I I I ~ l- ra a..~ UJ ~ C c: ! o Q) " .- - s ... w .- ra I- 3 C ra ~ OC)~ C == : I "C 0 ~l ;~I ...J :::J: g C ~f .- C. 3 1:: C. ~ co ra ~ :E :::J: ~ ~~jl \.- I I .- - -- .L >. 1:: Q) 0- o ~ a.. c :e co ~ \ \ , I I I r \ I I I ~ j , i \ :1 1 0 1 0 '0 I N .. N 0 9 , c <"> ..:; 0 ~I ;,.. Lri J J 'C ..... Q) ~ 0 a. e (':l OJ -': "'0 U n. c: iii :I --- C :J 0 lL I 8 co C' 'tJ ~ <II ~ € $ I'll ij <<l ~ - - I C .::: <C Q, :: 2 ......... ------_ I G.I I D~ ~I I OJ -~--- - G.I -- -- -I o. - -- -- - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 12, 2007 ORDINANCE TO ACCEPT THE CONVEYANCE FROM SARAH MARTIN OF APPROXIMATELY 14.6 ACRES OF REAL ESTATE (TAX MAP NO. 75.00-2-26) LOCATED OFF STONEY POINT ROAD NEAR MOUNT CHESTNUT ROAD TO THE BOARD OF SUPERVISORS FOR HAPPY HOLLOW PARK WHEREAS, Sarah Martin wishes to donate to the County a parcel of real estate consisting of approximately 14.6 acres located off Stoney Point Road near Mount Chestnut Road for Happy Hollow Park; and WHEREAS, this property possess significant scenic, recreational, and open- space values, and Sarah Martin will convey this property without cost to the County of Roanoke for the preservation of this property, which will benefit the citizens of and visitors to Roanoke County and the Roanoke Valley; and WHEREAS, the acceptance of this conveyance is consistent with the Rural Preserve designation in the adopted Community Plan and it will support the open space and view shed protection policies and goals of the County and provide enhanced opportunities for passive recreational uses; and WHEREAS, the County intends to accomplish the conservation, protection and preservation of the scenic, recreational and open-space values of this property in perpetuity by restricting the uses of the property; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance will be held on June 12, 2007, and the second reading will be held on June 26, 2007. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition by donation from Sarah Martin of approximately 14.6 acres of real estate located off Stoney Point Road near Mount Chestnut Road for Happy Hollow Park (Tax Map No. 75.00-2-26), is hereby authorized and approved. 2. That the County imposes restrictions in perpetuity on the use of this property in order to further the conservation purposes of this gift and as an aid in achieving its charitable purposes. These restrictions are set out in detail in the Deed and limit the size of signage; prohibit hunting and commercial timber harvesting; prohibit grading, blasting or mining, but allow the construction of walking trails; limit the size of shelters and restroom facilities; prohibit industrial or commercial activities; provide for enforcement of these restrictions; and provide that any transfer or conveyance of the property continue these restrictions. 3. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. 2 ACTION NO. ITEM NO. F - :J-J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 AGENDA ITEM: First reading of an Ordinance authorizing the vacation of a right-of-way designated as Dallas Road as shown on the plat of North Burlington Heights Subdivision, Section 1, recorded in Plat Book 3, Page 57, in the Roanoke County Circuit Court Clerk's Office, said right-of-way located in the Hollins Magisterial District. SUBMITTED BY: Arnold Covey Director of Community Development if ~ fl.l j) Elmer C. Hodge ~~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~~ r~~ SUMMARY OF INFORMATION: The petitioners, Gary Jarrell and Duane Goodpasture have requested the vacation of a 50 feet wide, approximately 196 feet in length unimproved right-of-way known as Dallas Road shown on the plat of North Burlington Heights Subdivision Section 1, recorded in Plat Book 3, Page 57. The petitioners desire to use their portion of the aforementioned right-of-way for improvements to their property. Once this right-of-way is vacated, the property will be divided evenly and combined with the adjoining properties, as perthe requirements of Title 15.2, Chapter 22, Code of Virginia, 1950 (as amended) as cited in section 15.2-2274. There are no adjoining landowners or other persons that will be affected by this action. County Departments and local utility companies were contacted concerning the vacation. Appalachian Power Company and Verizon requested to retain a Public Utility Easement for their utilities present in the existing right-of-way. Other utility companies contacted had no objection in the roads being vacated. Pertinent information is shown on Exhibit "A" and attached hereto and titled "PORTION OF DALLAS ROAD - TO BE VACATED BY BOARD OF SUPERVISORS ROANOKE COUNTY, VIRGINIA". Public hearing and second reading is scheduled to be held June 26,2007. FISCAL IMPACT: The cost and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the petitioners. ALTERNATIVES: 1. Adopt the proposed ordinance authorizing the vacation of a right-of-way and establishment of a Public Utility Easement in its location. 2. Do not adopt the proposed ordinance authorizing the vacation of the right-of-way. STAFF RECOMMENDATION: Staff recommends Alternative 1. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 12,2007 ORDINANCE AUTHORIZING THE VACATION OF A RIGHT-OF-WAY DESIGNATED AS DALLAS ROAD AS SHOWN ON THE PLAT OF NORTH BURLINGTON HEIGHTS SUBDIVISION, SECTION 1, RECORDED IN PLAT BOOK 3, PAGE 57, IN THE ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE, SAID RIGHT-OF-WAY LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, the North Burlington Heights Subdivision, Section 1, plat recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 57, ("the North Burlington Heights Plat") established a street designated as Dallas Road, fifty feet (50') in width and connecting Webster Road (Route 1808) with Deer Branch Drive Route 1882), located between Lots 1 and 2B for a portion of its length; and WHEREAS, the area designated and set aside for public use as Dallas Road on the North Burlington Heights Plat has never been improved or accepted into the Virginia State Secondary Road System; and WHEREAS, a portion of the designated Dallas Road extending approximately three hundred thirty five feet (335) from the northern edge of Deer Branch Drive has previously been vacated by action of the Roanoke County Board of Supervisors by Ordinance Number 113093-6, reserving therefrom a small area as a public utility easement; and WHEREAS, the property owners of Lots 1 and Lot 28 adjoining the remaining section of Dallas Road, extending approximately one hundred ninety-six feet (196') from the southern edge of Webster Road to the rear of these adjacent lots, have requested the vacation of this remaining unimproved portion of the fifty foot (50') right-of-way so as to permit these property owners to make improvements to their residential properties; and WHEREAS, the above described street or road is more clearly indicated as "ROAD TO BE VACATED" on "Plat Showing Portion of Dallas Road - To Be Vacated by Board of Supervisors of Roanoke County, Virginia", dated 4-16-2007, prepared by Roanoke County Department of Community Development and attached hereto as Exhibit "A"; and WHEREAS, no other property owner will be affected by the vacation of this undeveloped portion of said Dallas Road and that its current existence imposes an impediment to the adjoining property owners making improvements to their properties adjoining this previously dedicated but unimproved street; and WHEREAS, the adjoining property owners and residents of Roanoke County, as the Petitioners, have requested that, pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate this right-of-way, designated as "Dallas Road" on the plat of the North Burlington Heights Subdivision, Section1, Plat Book 3, Page 57, as now shown on the attached Exhibit "A"; and WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended); and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 2 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on June 12, 2007, and a second reading and public hearing of this ordinance was held on June 26,2007. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (Dallas Road, a street 50 feet in width and approximately 196 feet in length) is hereby declared to be surplus and the nature of the interests in real estate renders it unavailable for other public use. 3. That this street, Dallas Road, 50 feet in width and approximately 196 feet in length, being designated and shown as "ROAD TO BE VACATED" on Exhibit "A" attached hereto, said street being located between Lots 1 and 2B on the south side of Webster Road (Route 1808,) and having been dedicated on the subdivision plat of North Burlington Heights Subdivision, Section 1, and recorded in the aforesaid Clerk's Office in Plat Book 3, page 57, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia,1 950, as amended. 4. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 5. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3 6. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of Virginia (1950, as amended). 4 METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLA T REPRESENT A COMPOSITE OF DEEDS. PLA TS, AND CALCULA TED INFORMA TlON AND DO NOT REFLECT AN ACCURA TE BOUNDARY SURVEY. :J dil. o 1J jo~ 0:: ~ ! .2 o o Rt. 1808 \oIebster Rei .. . 140 J, 103 ' : 95 118 ~ TiiI to ~ rX ""l <'I ~ ~I N 6w " to - N .2-4 ~ '1493 175 118 195 4 JB! J'/ - If) 1.0 0> ~ - 0> f\j 1 ~ e l,22Ac I \ I I \ , , I / / - - If) to v- V) ~ o 1I1 8089 LEGEND - I'.'~""""'I ROAD TO BE ACATED ~:\:~?+>~<~ I I V r---. 8/0~ TAX MAP NO. 27.05 EXHIBIT "An SCALE: 1 JJ= 1 00' OF BOARD OF ROANOKE SUPERVISORS COUNTY, VIRGINIA PLAT SHOWING PORTION OF DALLAS ROAD - TO BE VACATED BY PREPARED BY: ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT DATE: 4-16-2007 ACTION NO. ['-3 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12,2007 AGENDA ITEM: Ordinance amending Section 2-9. Court Costs for Courthouse Security of the Roanoke County Code to increase the cost for individuals convicted in Roanoke County Courts to fund courthouse security personnel SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: ~/ 1f~ SUMMARY OF INFORMATION: Ordinance 040803-11 adopted by the Board of Supervisors on April 8, 2003, enacted Section 2-9. Court Costs for Courthouse Security of the Roanoke County Code to authorize a $5.00 court costs for individuals convicted in Roanoke County courts to fund courthouse security personnel. Related to the adoption of this ordinance, the Board appropriated the projected revenue of $160,000 to fund four (4) additional Bailiff positions; however, actual collections from these fees have been approximately $80,000. The 2007 session of the Virginia General Assembly amended Virginia Code Section 53.1- 120 increasing the fee from $5.00 to $10.00 for each criminal and traffic conviction in our courts. The first reading of this ordinance was held on June 12, 2007. The additional revenues generated from the increase in fees will be used to off-set the costs of the four (4) Bailiff positions originally hired and to partially off-set the cost of current part-time security positions for the Juvenile and Domestic Relations and the General District Civil Courts not funded by the state. If the County's ability to collect this fee is prohibited or restricted by the state in the future, the Sheriff's budget (related staffing) will be adjusted proportionately. " FISCAL IMPACT: Based on the number of court cases and the related convictions from the past year, the courthouse security fee generated approximately $77,311 in General District Court and $2,406 in Circuit Court. Therefore, additional revenue of $80,000 is projected from this increase. STAFF RECOMMENDATION: Staff recommends the adoption of the proposed ordinance. Staff also recommends appropriation of $80,000 of Courthouse Security Fee revenue and appropriation of $80,000 to the Sheriff's budget to defray the cost of courthouse security personnel not reimbursed from the state. These appropriations would be effective July 1, 2007. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 12,2007 ORDINANCE AMENDING SECTION 2-9. COURT COSTS FOR COURTHOUSE SECURITY OF THE ROANOKE COUNTY CODE TO INCREASE THE COURT COST FOR INDIVIDUALS CONVICTED IN ROANOKE COUNTY COURTS TO FUND COURTHOUSE SECURITY PERSONNEL WHEREAS, Section 53.1-120 of the Code of Virginia authorizes local governing bodies to impose and collect a fee to be used by localities to provide funding for courthouse security personnel; and WHEREAS, Ordinance 040803-11 adopted on April 8, 2003, implemented the Courthouse Security Fee in Roanoke County in the amount of Five Dollars ($5.00); and WHEREAS, the 2007 session of the Virginia General Assembly authorized an increase in this fee from Five Dollars ($5.00) to Ten Dollars ($10.00); and WHEREAS, the first reading of this ordinance was held on June 12, 2007, and the second reading and public hearing was held on June 26, 2007. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 2-9. Court Costs for Courthouse Security of Article I. In General of Chapter 2. Administration of the Roanoke County Code be, and hereby is, amended to read and provide as follows: Sec. 2-9. Court Costs for Courthouse Security. The clerks of the district and circuit courts of the county, respectively shall assess and collect the sum of fi'.'o doll3rs ($5.00) ten dollars ($10.00) as part of the costs in each criminal or traffic case in which an individual is convicted of a violation of any statute or ordinance. Such sums shall be collected by the clerk of the court in which the case is heard, remitted to the county treasurer and be held by the treasurer subject to appropriation by the board of supervisors to the sheriff's office for the funding of courthouse security personnel in the county courthouse. 2. That this ordinance shall become effective on July 1, 2007. 2 ACTION NO. ITEM NO. H-J-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Wanda G. Riley, CPS Clerk to the Board APPROVED BY: Elmer C. Hodge {' k- County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Clean Valley Council The two-year term of Dennis "Chip" Harris will expire on June 30, 2007. 2. Court Community Corrections Program Regional Community Criminal Justice Board The three-year term of John M. Chambliss, Jr., will expire on July 1, 2007. The two-year term of Sheriff Gerald Holt will expire on July 1, 2007. 3. Parks and Recreation Advisory Commission (Appointed by District) The three-year term of Randy Smith, Hollins Magisterial District, will expire on June 30, 2007. Mr. Smith has resigned from the committee. 4. Western Virginia Water Authority Board of Directors The three-year term of Elmer C. Hodge will expire on June 30, 2007. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 12,2007 RESOLUTION 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: That the certain section of the agenda of the Board of Supervisors for June 12, 2007, designated as Item 1- Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5, inclusive, as follows: 1. Approval of minutes - May 8,2007 (Joint meeting with the Town of Vinton) and May 22,2007 2. Resolutions of appreciation to the following individuals upon their retirements: (a.) Elizabeth Dennis, Parks, Recreation and Tourism Department, after thirty years of service (b.) Paul Lipscomb, General Services Department, after twenty-seven years of services (c.) Danny L. Wood, Fire and Rescue Department, after twenty-two years of service (d.) Deborah Ladd, Information Technology Department, after five years of service 3. Request from the schools to accept and appropriate Medicaid funds in the amount of $40,000 4. Request to accept Amber Wood Court and Whittier Court into the Virginia Department of Transportation Secondary System, Catawba Magisterial District 5. Designation of voting delegate and alternate to the National Association of Counties Conference, July 13-17,2007 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. ITEM NO. I-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 AGENDA ITEM: Resolutions of appreciation to the following individuals upon their retirements: (a) Elizabeth Dennis, Parks, Recreation and Tourism Department, after thirty years of service (b) Paul Lipscomb, General Services Department, after twenty- seven years of services (c) Danny L. Wood, Fire and Rescue Department, after twenty- two years of service (d) Deborah Ladd, Information Technology Department, after five years of service SUBMITTED BY: Brenda J. Holton Deputy Clerk to the Board //~ ElmerC. Hodge d~ (YOi' County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following County personnel retired on June 1, 2007, and have requested that their resolutions of appreciation be mailed: (1) Elizabeth Dennis, Parks, Recreation and Tourism Department (2) Paul Lipscomb, General Services Department (3) Danny L. Wood, Fire and Rescue Department (4) Deborah Ladd, Information Technology Department STAFF RECOMMENDATION: It is recommended that the Board approve the attached resolutions and direct the Deputy Clerk to mail them to the retirees with the appreciation of the Board members for their many years of service to the County. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 12, 2007 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ELIZABETH DENNIS, PARKS, RECREATION AND TOURISM DEPARTMENT, UPON HER RETIREMENT AFTER THIRTY YEARS OF SERVICE WHEREAS, Elizabeth Dennis was employed by Roanoke County on September 16, 1976, as a Recreation Program Supervisor for the Parks, Recreation and Tourism Department; and WHEREAS, Ms. Dennis retired from Roanoke County on June 1, 2007, after thirty years and nine months of service with the Parks, Recreation and Tourism Department; and WHEREAS, Ms. Dennis was responsible for developing the first publicly funded recreation program for individuals with disabilities in Roanoke County and the Roanoke Valley; and WHEREAS, Ms. Dennis developed programs that were nationally recognized for their excellence; and WHEREAS, Ms. Dennis served the citizens of Roanoke County and the Roanoke Valley as an influential advocate for persons with disabilities and worked tirelessly to ensure access to County facilities for all citizens; and WHEREAS, Ms. Dennis, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens with disabilities. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to ELIZABETH DENNIS for more than thirty years of exceptional, devoted, and enthusiastic service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 12, 2007 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO PAUL LIPSCOMB, GENERAL SERVICES DEPARTMENT, UPON HIS RETIREMENT AFTER TWENTY-SEVEN YEARS OF SERVICE WHEREAS, Paul Lipscomb was employed by Roanoke County on October 10, 1979, as a solid waste equipment operator in the General Services Department; and WHEREAS, Mr. Lipscomb retired from Roanoke County on June 1, 2007, after twenty-seven years and eight months of service with the General Services Department; and WHEREAS, Mr. Lipscomb was an outstanding employee and exemplified the highest standards of positive public service; and WHEREAS, Mr. Lipscomb, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to PAUL LIPSCOMB for more than twenty-seven years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 12, 2007 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DANNY L. WOOD, FIRE AND RESCUE DEPARTMENT, UPON HIS RETIREMENT AFTER TWENTY-TWO YEARS OF SERVICE WHEREAS, Danny L. Wood was employed by Roanoke County on September 17, 1984, as a firefighter in the Fire and Rescue Department; and WHEREAS, Mr. Wood retired from Roanoke County on June 1,2007, after twenty- two years and eight months of service with the Fire and Rescue Department; and WHEREAS, Mr. Wood performed a crucial role in protecting the life and property of citizens in one of the most hazardous professions, and Roanoke County is very fortunate to have benefited from his dedication and many years of experience; and WHEREAS, Mr. Wood through his commitment to firefighter safety has been instrumental in the on-going certification and maintenance of the department's self- contained breathing apparatus, including the incorporation of a new system in 2003; and WHEREAS, Mr. Wood, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens by providing continual fire and emergency medical responses. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DANNY L. WOOD for more than twenty-two years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 12, 2007 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DEBORAH LADD, INFORMATION TECHNOLOGY DEPARTMENT, UPON HER RETIREMENT AFTER FIVE YEARS OF SERVICE WHEREAS, Deborah Ladd was employed by Roanoke County on April 15, 2002, by the Information Technology Department as a systems analyst; and WHERESA, Ms. Ladd provided support for the offices of Real Estate Valuation, Commissioner of Revenue, and Treasurer; and WHEREAS, Ms. Ladd retired from Roanoke County on June 1, 2007, after five years and one month of service with the Information Technology Department; and WHEREAS, Ms. Ladd, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to DEBORAH LADD for more than five years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. ~ ,. ACTION NO. ITEM NO. I-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 Request for Appropriation of Medicaid Funds AGENDA ITEM: SUBMITTED BY: Dr. Jessica McClung Director of Special Education and Pupil Personnel Services Elmer C. Hodge ~ ;I;:rr~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~y~'V..~~ SUMMARY OF INFORMATION: Roanoke County Schools bills for direct services rendered to Medicaid eligible students. Effective July 1, 2006 new Medicaid regulations went into effect that required each school division to estimate interim rates for 2006-2007 school claims based on local costs. The state can no longer reimburse using state wide rates under the federal Medicaid regulations. At the present time, RCPS has collected approximately $49,000 in interim payments. At the end of the 2006-2007 school year, a cost report will be submitted and a final payment will be based on this report. At best estimate, this process will be completed in November 2007. Any deficit between the final and interim payments will be offset with 2007-2008 revenues; therefore, this funding is requested on a year to year basis. The costs associated with and the certification requirements of current personnel have increased due to the constantly changing Medicaid Regulations. The total appropriation request is $40,000. Included in the request are Medicaid related licensure costs totaling $1,600; equipment costs totaling $36,300; and testing costs totaling $2,100. FISCAL IMPACT: The school operating budget will be increased by $40,000. , . STAFF RECOMMENDATION: Roanoke County Schools requests that a total of $40,000 be appropriated as requested. 2 ACTION NO. ITEM NO. I-I} AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 AGENDA ITEM: Acceptance of Amber Wood Court and Whittier Court into the Virginia Department of Transportation Secondary System (Catawba Magisterial District) SUBMITTED BY: Arnold Covey Director, Community Development Elmer C. Hodge (' if County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Innsbrooke, L.L.C., the developer of Timber Ridge, Section 2 in the Catawba Magisterial District, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.13 mile of Amber Wood Court from the intersection of Wood Haven Road (Sec Rte 628) to its cul-de-sac and accept 0.03 mile of Whittier Court from the intersection of Amber Wood Court to its cul-de-sac. The staff has inspected these roads along with representatives of the Virginia Department of Transportation and finds the road is acceptable. FISCAL IMPACT: No county funding is required. STAFF RECOMMENDATION: The staff recommends that the Board approve a resolution to VDOT requesting that they accept Amber Wood Court and Whittier Court into the Secondary Road System. THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 12th DAY OF JUNE 2007 ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF AMBER WOOD COURT AND WHITTLER COURT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition Form LA-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 representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA-5(A) to the secondary system of state highways, pursuant to ~33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. 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, thata certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. A Copy Teste: Wanda G. Riley, Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File ell ~ Q) ...... C\i ...... r./l ~ o S Q) ...... ell r./l C\i "'d ~ o u Q) r./l Q) ....c: ...... o ...... r./l Z o ~ ~ ~ a a ~ a r.Ll r./l o O-t o ~ O-t I t:: .g ::l "0 ell <l) ex:: ell .... o ell ';; .... <l) c. ~ ~ lJl ~ I .... ~ ~ ~ co ~ j o .t> f.,I.., ~ .. r./l = Z ~ o ~ ~ .c ~ ~ ~ .8 a a ~ ~ 4-< o E <l) Ei .c u ~ .:< t- o o M M^ ~ <l) t:: ::l -. , "0 ~ 0:1 Q E <l) E ::l ::: ell ..5 >. ~ ::l r:FJ E <l) E .c u ~ .:< lJl I ~ ~ ~ g~] f.,I.., :a ....~"'h ~ ~ .s; ~ ~ ..... 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L SITE 61 E <::. \ r~: \.. t..-tl-(c -~_ r~ \ (n Eo -' I --'l? \~ (~~ VICINITY MAP ' --G,..~ NORTH 00 lor 5 \ C'l lOIn \.0 ::n: !.U r e:::: cj ~ CI) ~ > I 0 < 0 e:::: ;z. ~ > <C :r: Cl 0 r'\ '-' 3: PROPOSED ADDITION SHOWN IN ORA Y DESCRIPTION LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICES Miles Feet Feet Houses Amber Wood Court" from the intersection with Wood Haven Road (VA Sec Rte # 628) to its cul-de-sac. Whittfer Court - from the intersection with Amber Wood Court to its cul-de-sac. 013 40 28 12 003 40 28 6 "\ , "" \.. ROANOKE COUN TY DEPARTMENT OF COMMUNITY DEVELOPMENT Timber Ridge, Section 2 Acceptance of Amber Wood Court and Whittier Court into the Virginia Department of Transportation Secondary System. .A ACTION NO. ITEM NO. I-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 12, 2007 AGENDA ITEM: SUBMITTED BY: Designation of voting delegate and alternate to the National Association of Counties Conference, July 13-17, 2007 Elmer C. Hodge {L-- /-( ~ County Administrator ,/ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The National Association of Counties (NACo) Annual Conference will be held July 13-17, 2007, in Richmond, Virginia. Supervisors Altizer and Wray plan to attend this conference. NACo has requested that the County submit the name of the voting delegate and alternate representing Roanoke County at the business meeting. Supervisors Altizer and Wray have both indicated their willingness to serve in this capacity. The Credentials Identification Form must be returned to NACo by June 29,2007. STAFF RECOMMENDATION: As the senior member of the Board of Supervisors who will be attending the conference, it is recommended that Mike Altizer be designated as the voting delegate, and that Mike Wray be designated the alternate for the NACo annual conference and that the credentials form be forwarded to NACo. N A C 0 National Association of Counties - - - - - - " - - The Voice of America's Counties MEMORANDUM ELECTION OF SECOND VICE PRESIDENT To: County Executives, Parish Presidents, Borough Mayors and County Board Chairpersons Colleen Landkamer, NACo President May 14, 2007 V oting Credentials - 2007 Annual Conference From: Date: Subject: NACo staffers are preparing for NACo's 7251 Annual Conference to be held July 13-17, 2007 in the Richmond, V A. They need your help to ensure that your county can participate in the association's annual election of officers and policy adoption for this year's American County Platform. In order to vote, a county must have paid its membership dues, and have one paid registrant for the conference, according to NACo bylaws. Please indicate on the enclosed form the name of the voting delegate and alternate(s) authorized to pick up your county's voting materials. Additionally, the chief elected official of your county must sign the form. Please review the enclosed checklist on the reverse of this page before returning the form. In addition, state association executive directors or presidents are entitled to pick up unclaimed credentials on Monday, July 16. If you do not want the state association to receive your voting materials, please check the box on the enclosed form. Please review the enclosed "Credentials F.A.Q." before returning the form. Please mail or fax ONLY the enclosed form by FRIDA Y, JUNE 29. Emily Landsman Fax (202) 393-2630 Or: Credentials Conunittee c/o Emily Landsman National Association of Counties 25 Massachusetts Ave, NW Suite 500 Washington, DC 20001 Membership Coordinator Emily Landsman can be reached at (202) 942-4242 or elandsman@naco.org should you have questions regarding voting procedures. We look forward to seeing you in the City of Richmond! 25 Massachusetts Avenue, NW / Suite SOD/Washington, DC 20001/202.393.6226/ fax 202.393.2630 / www.naco.org . ~ 001360 NACo 2007 Credentials (Voting) Identification Form . Please complete and return or fax this form by June 29, 2007 to: NACo' Attn: Emily Landsman. 25 Massachusetts Avenue, NW . Suite 500. Washington, DC 20001 or Fax: (202) 393-2630 or have the voting delgate(s) carry it with them to the conference and present it at the Credentials Desk. Please type or print in block letters. County / Parish / Borough State OJ This form must be signed by the Chief Elected Official from your county. Submissions without an appropriate signature will not be accepted. Signature: Board President / Chair I County Executive I Judge I Mayor signature required Date Print name and title o No state association pick-up. Please read the state association pick-up section in "Credentials FAQ." o Check here if you wish to vote by proxy, If checked, list the county / parish / borough to cast your votes below. Your county and your proxy must have at least one paid registration for NACo's Annual Conference. County / Parish / Borough allowed to cast my votes · Last Name " Please read the proxy section in "Credentials FAQ" before filling out this section. . . fvl-J GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA % of General Amount Amount Prior report balance $13,281,742 8.08% Addition from 2005-06 Operations 1,506,678 Audited balance at June 30, 2006 14,788,420 July 1, 2006 Payment on Loan from Explore Park 20,000 Balance at June 12,2007 14,808,420 9.01% Note: On December 21, 2004, the Board of Supervisors adopted a policy to maintain the General Fund Unappropriated Balance for 2006-07 at a range of 8%-9% of General Fund Revenues 2006 - 2007 General Fund Revenue $164,315,790 8% of General Fund Revenues $13,145,263 9% of General Fund Revenues $14,788,420 The Unappropriated Fund Balance of the County is currently maintained at a range of 8%-9% of General Fund revenus and will be increased over time to the following ranges: 2007 -2008 2008-2009 2009-2010 2010-2011 8.5%-9.5% 9.0%-10.0% 9.5%-10.5% 10.0%-11.0% Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge f ft County Administrator (VI -]J COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Audited Balance at June 30, 2006 Amount $5,834,217.61 Remaining funds from completed projects at June 30, 2006 631,412.94 Transfer from Department Savings 2005-2006 453,189.00 12/5/2006 Renovations to Roanoke County Courthouse (184,775.00) 1/23/2007 Back Creek Station Addition (50,000.00) 3/13/2007 Renovations to existing Roanoke County-City of Salem Jail (450,000.00) Balance at June 12, 2007 $6,234,044.55 $5,000,000 of this reserve is being used to upgrade Public Safety Radio System Maior County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Audited Balance at June 30,2006 $679,628.00 2006-07 Capital Improvements Program-New County Garage (500,000.00) Appropriation from 2005-2006 Operations 869,992.00 Balance at June 12, 2007 $1,049,620.00 Approved By Submitted By Rebecca E. Owens Director of Finance Elmer C. Hodge r!' f+ County Administrator 1'1-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Audited Balance at June 30, 2006 Amount $ 23,297.00 From 2006-2007 Original Budget 100,000.00 July 11, 2006 Appropriation to hire County Gypsy Moth Program, Inc. to serve as the Gypsy Moth Coordinator ($10,000.00) July 11, 2006 Appropriation for Legislative Liaison ($18,000.00) May 8, 2007 Appropriation for assessment for APCO negotiations ($2,310.80) May 8, 2007 Appropriation for primary for the Senate of Virginia 22nd District ($18,950.00) Balance at June 12, 2007 $ 74,036.20 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge (' J+- County Administrator frl - Jr TELECOMMUNICATIONS TAX REPORT COUNTY OF ROANOKE, VIRGINIA Month of Collection Tax Description 2006 2007 January Consumer Utility Tax Landline $ 94,947.90 $ 86,811.94 Consumer Utility Tax Wireless 116,433,91 123,642.12 E911 Service Tax 61,427,25 61,676.60 Cable Franchise fee 240,925.74 237,369.11 Total $ 513,734.80 $ 509,499.77 February Consumer Utility Tax Landline $ 93,052.78 $ 11,481.03 Consumer Utility Tax Wireless 116,093,91 E911 Service Tax 59,753.00 58,515,52 Cable Franchise fee 36,121.67 Total $ 268,899.69 $ 106,118.22 February 2007 Consumer Utility Tax Landline and Cable Franchise Fee are December 2006 taxes collected in February 2007. March Consumer Utility Tax Landline $ 92,561.36 $ Consumer Utility Tax Wireless 104,178.63 Communication Sales and Use Tax 207,485,17 E911 Service Tax 64,339.14 Cable Franchise fee 80,692.40 Total $ 261,079.13 $ 288,177.57 April Consumer Utility Tax Landline $ 96,802.50 $ Consumer Utility Tax Wireless 128,673,20 Communication Sales and Use Tax 270,338.98 E911 Service Tax 60,650.90 Cable Franchise fee 75,020.70 Total $ 286,126.60 $ 345,359.68 May Consumer Utility Tax Landline $ 92,941.49 $ Consumer Utility Tax Wireless 117,319.69 Communication Sales and Use Tax 251,207.01 E911 Service Tax 60,264.73 Cable Franchise fee 216,295.38 92,259.95 Total $ 486,821.29 $ 343,466.96 "'Effective 2007 the Cable Franchise Fee is received monthly as compared to quarterly receipts in 2006. "''''2007 Breakdown provided by the State of Virginia Tax Department Submitted By Approved By Rebecca E. Owens Director of Finance Elmer C. Hodge [' f-! County Administrator ACTION NO. ITEM NUMBER ;'\1-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: June 12, 2007. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of May 31,2007. SUMMARY OF INFORMATION: GOVERNMENT: SUNTRUST/ALEXANDER KEY SUNTRUST/ALEXANDER KEY CONTRA SUNTRUST SECURITIES SUNTRUST SECURITIES CONTRA 59,603,158.98 96,881.21 10,000,000.00 (13,430.00) 69,686.610,19 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 6,578,763.55 6,578,763.55 MONEY MARKET: BRANCH BANKING & TRUST SALEM BANK & TRUST SUNTRUST/ALEXANDER KEY SUNTRUST SECURITIES SUNTRUST SWEEP WACHOVIA 2,170,528.36 1,187,967.73 21,648,888.20 452.648.09 6,364,640.51 2,542,158.70 34,366,831.59 US-TREASURY BILLS/NOTES: SUNTRUST/ALEXANDER KEY TOTAL 0.00 0.00 110,632,205.33 06/04107 QIouut~ of ~oauoke ~!ocl~:nntinh .~ II~~ "~~ -<<-I I-- ;0 z . Cl o ~ .. u ~ 83& DECLARING SUNDAY, MAY 20,2007, AS MARTHA COBBLE DAY IN THE COUNTY OF ROANOKE AND EXPRESSING APPRECIATION FOR HER FIFTEEN YEARS AS PRINCIPAL OF CAVE SPRING HIGH SCHOOL WHEREAS, Dr. Martha Cobble has announced her retirement on June 30, 2007, after fifteen years as principal of Cave Spring High School; and WHEREAS, Dr. Cobble graduated from East Tennessee State University, received her Master's Degree in Career and Technical Education, and Doctorate in Educational Administration from Virginia Tech; and WHEREAS, Dr. Cobble began her career in the Roanoke County school system in 1969 at Glenvar High School teaching home economics and served as a teacher, athletic director, and junior high principal before being appointed principal of Cave Spring High School in 1992; and WHEREAS, Dr. Cobble is actively involved as a leader in professional organizations and school and community activities where she serves as a role model for students and has been involved in all phases of promoting the "Red and Black" of Cave Spring High School; and WHEREAS, Dr. Cobble will be remembered by her present and former students and parents for her leadership. guidance, and dedication to making Cave Spring High School one of the most highly respected secondary schools in the State, County and Valley, with excellent SAT scores, numerous academic and athletic honors, and an exemplary graduation rate. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim Sunday, May 20, 2007, as MARTHA COBBLE DAY and express our sincere appreciation for her dedication to excellence on behalf of Cave Spring High School, its students, and parents; and FURTHER, we extend our best wishes to Dr. Cobble for a happy, productive, and healthy retirement. ~\jj.~. Wanda G. Riley, Clerk (~ f(~~ Elmer C. Hodge, Cou ty Administrator ~ ,u....Y L ~......"- Richard C. Flora, Yice.Chairman lnuWJ1-.~ Michael W. Altizer .T'l~Q.W~ Michael A. Wray f\1~(p DECLARING MONDAY, MAY 21,2007, AS J. R. REYNOLDS DAY IN THE COUNTY OF ROANOKE WHEREAS, J. R. Reynolds has completed an outstanding basketball career at the University of Virginia, graduating in May, 2007; and WHEREAS, Mr. Reynolds was the career scoring leader at Roanoke Catholic High School with 2,237 total points in four years, yet played his senior high school season at Oak Hill Academy; and WHEREAS, Mr. Reynolds's high school honors included being named Mr. Basketball in Virginia by the Roanoke Times for 2002-2003 and also that same year being named Player of the Year by the Roanoker Magazine; and WHEREAS, Mr. Reynolds was a first-team selection to the 2007 National Association of Basketball Coaches (NABC) All-District 5 Team and the United States Basketball Writers Association (USBWA} All-District III Team; and WHEREAS, Mr. Reynolds was ranked fourth in the Atlantic Coast Conference (ACC) in free-throw percentage, fifth in scoring, and ninth in three-point field goals made for the 2006-2007 season; and WHEREAS, Mr. Reynolds was named to the all-tournament team at the San Juan Shootout during the 2006 holiday break after scoring 54 points in three games; and WHEREAS, Mr. Reynolds scored a game-high 25 points and was 10-for-11 from the free-throw line in a season-high 40 minutes in the overtime win against Duke on February 1, 2007; and WHEREAS, Mr. Reynolds was the co-recipient of the Sidney Young Memorial Trophy recognizing him as an athlete who exemplifies the highest qualities of leadership, cooperative spirit, and unselfish service in the interest of athletics at the University of Virginia. NOW THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim and recognize Monday, May 21,2007, as J. R. REYNOLDS DAY in the County of Roanoke, congratulate him upon his outstanding accomplishments, and wish him continued success in the future. ~\Il~ Wanda G. Riley, Clerk ~~ f(.,v~ Elmer C. Hodge, Cou ty Administrator ,c)..-'s:> Co ~ """ "- Richard C. Flora, Vice-Chairman In~ Ii. rbr- Michael W. Altizer \Y'\~ 0., W Michael A. Wray ~ Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELDATTHE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 12,2007 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 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.