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HomeMy WebLinkAbout8/14/2007 - Regular Roanoke County Board of Supervisors Agenda August 14, 2007 Good afternoon and welcome to our meeting for August 14, 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: Father Dean Nastos Holy Trinity Greek Orthodox Church 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 D. BRIEFINGS 1. Briefing on the status of The Cellar on Brambleton Avenue. (Paul Mahoney, County Attorney) E. PUBLIC HEARING 1. Public hearing to receive citizen comments regarding a proposed amendment to the fiscal year 2007-2008 budget in accordance with Section 15.2-2507, Code of Virginia. (Diane Hyatt, Chief Financial Officer) 1 F. NEW BUSINESS 1. Request to adopt a resolution appropriating $28,326,698 for Northside High School renovations. (Diane Hyatt, Chief Financial Officer) 2. Request for authorization to execute a contract between the County of Roanoke, County School Board, and the Art Museum of Western Virginia to provide educational programming. (Elmer Hodge, County Administrator) 3. Request to adopt a resolution requesting approval to join Local Governments for Sustainability (ICLEI). (Anne Marie Green, Director of General Services) 4. Request for authorization to execute a contract with Motorola to upgrade the 800 MHz radio system to digital. (Elaine Carver, Director of Information Technology) 5. Request to approve a contract with the Western Virginia Regional Jail Authority to provide information technology services. (John Chambliss, Assistant County Administrator) 6. Request to approve an ambulance transport fee adjustment based on new Medicare rates. (Richard E. Burch, Jr., Chief of Fire and Rescue) 7. Request to adopt a resolution requesting assistance from the Commonwealth of Virginia and the United States for frost and freeze losses in April 2007. (John Chambliss, Assistant County Administrator) 8. Request to adopt a resolution requesting assistance from the Commonwealth of Virginia and the United States for drought assistance. (John Chambliss, Assistant County Administrator) 9. Request to adopt a resolution opposing the Public Safety Employer-Employee Cooperation Act of 2007 (HR. 980). (Elmer Hodge, County Administrator) G. FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing the relocation of the Catawba voting precinct from the Catawba Fire Station to the Catawba Recreation Center at 4965 Catawba Creek Road, Catawba Magisterial District. (Judy Stokes, General Registrar) 2. First reading of an ordinance approving a residential lease at the Roanoke County Center for Research and Technology, Catawba Magisterial District. (Anne Marie Green, Director of General Services) 2 3. First reading of an ordinance authorizing the vacation of a right-of-way designated as Wentworth Road, as shown on the Plat of City View Heights Add., Section No.3, Windsor Hills Magisterial District. (Tarek Moneir, Deputy Director of Development) 4. First reading of an ordinance authorizing the vacation of an unimproved right- of-way shown as Nelms Lane on Map No.1 of Woodbury Gardens, Hollins Magisterial District. (Arnold Covey, Director of Community Development) 5. First reading of an ordinance to amend the Roanoke County zoning ordinance to allow public parks and recreational areas as by right uses in the 1-1 Industrial District and the 1-2 Industrial District. (Philip Thompson, Deputy Director of Planning) 6. First reading of an ordinance to amend the Roanoke County zoning ordinance to update the County's floodplain ordinance. (Philip Thompson, Deputy Director of Planning) H. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing the relocation of an electric line at Camp Roanoke and granting of a right-of-way easement through property owned by the Roanoke County Board of Supervisors at Camp Roanoke, Catawba Magisterial District. (Pete Haislip, Director of Parks, Recreation, and Tourism) I. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by district) 2. Clean Valley Council 3. Economic Development Authority 4. Grievance Panel 5. Regional Stormwater Management Committee 6. Western Virginia Water Authority Board of Directors 3 J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Resolutions of appreciation to the following individuals upon their retirements; (a) Carol J. Reynolds, Commissioner of Revenue's Office, after twenty years of service (b) Betty S. Hale, Sheriff's Office, after fourteen years of service 2. Acceptance of Fieldview Drive and a portion of Cortland Road into the Virginia Department of Transportation secondary system 3. Confirmation of committee appointment K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. 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 July 31, 2007 O. 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 4 P. WORK SESSIONS (Training room - 4th Floor) - 5:30 p.m. 1. Joint work session with the Roanoke County School Board. (Elmer Hodge, County Administrator; Diane Hyatt, Chief Financial Officer; Brent Robertson, Director of Management and Budget) 2. Work session to discuss current status of capital improvement projects. (Brent Robertson, Director of Management and Budget) 3. Work session to discuss multi-generational recreation center project development progress. (Dan O'Donnell, Assistant County Administrator) Q. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711.A (30) discussion of the award of a public contract involving the expenditure of public funds and discussion of the terms or scope of such contract, namely, the comprehensive agreement for the multi-generational recreation facility, where discussion in open session would adversely effect the bargaining position or negotiating strategy of the County; Section 2.2-3711.A (30) discussion of the award of a public contract with the Economic Development Authority and English Construction involving the expenditure of public funds and discussion of the terms or scope of such contract, namely, a performance agreement for the development of a new business park, where discussion in open session would adversely effect the bargaining position or negotiating strategy of the County; and Section 2.2-3711.A (3) discussion of the acquisition of real estate for public purposes from English Construction of approximately 12 acres of real estate for the development of the multi-generational recreation facility, where discussion in open session would adversely effect the bargaining position or negotiating strategy of the County. R. CERTIFICATION RESOLUTION S ADJOURNMENT TO WEDNESDAY, AUGUST 22,2007, AT 12:00 PM FOR A JOINT MEETING WITH ROANOKE CITY COUNCIL AND THE ROANOKE VALLEY RESOURCE AUTHORITY AT THE OFFICE OF THE ROANOKE VALLEY RESOURCE AUTHORITY, 1020 HOLLINS ROAD, ROANOKE, VA 24012 5 ACTION NO. ITEM NO. D-l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 Briefing on the status of The Cellar on Brambleton Avenue AGENDA ITEM: SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On April 24, 2007, I reported to the Board the enforcement actions taken by County staff to abate an alleged public nuisance at The Cellar, a business located at 3203 Brambleton Avenue. Enforcement actions were begun based upon citizen complaints. The Board requested routine briefings on the status of this matter, and it wanted a report on police responses to this location. On May 3, 2007, this office scheduled a meeting with several of the complaining neighbors and the operator of this business, Jackie Brown. At this meeting problems were identified and solutions developed to address the problems of excessive noise from the parking lot, when patrons left the establishment. These solutions included increased security in the parking lot, lighting in the parking lot to discourage loitering or other illegal activities; and Ms. Brown gave each of the neighbors her home and cell telephone numbers so that if there were any problems, the neighbors could call her directly to resolve the problem. Since this neighborhood meeting, Ms. Brown has used her employees to patrol the parking lot on a routine basis. She has contacted AEP, and it has replaced the dusk-to- dawn light at the front of the parking lot leading up the alley to Brambleton Avenue. The installation of an additional light at the rear of the parking lot is being explored, but there are concerns about disturbing neighbors. On June 20, 2007, I wrote to each of the neighbors who participated in the neighborhood meeting and asked them to call me with their reaction to the measures taken by Ms. Brown to satisfy their concerns. Only one citizen called, and after investigation, the complaint was determined to be unfounded. The same citizen called Ms. Brown with a noise complaint; she corrected the problem immediately, and called the citizen back to determine if her actions solved the problem. The citizen said that the problem was resolved. In my initial report to the Board, I summarized the responses to this location by the Roanoke County Police Department from February 2006 through April 2007. Substantiated police actions were minimal. I requested copies of police reports for the months of May, June and July: there were only three incidents. Two were "disturbances" (appears to have been an argument in the parking lot) and one was on Brambleton Avenue in the vicinity (questionable that it arose from The Cellar). Finally there was an ambulance call to the restaurant; it appears that a patron fainted. STAFF RECOMMENDATION: It appears that the owner of The Cellar has taken appropriate steps to abate any alleged nuisance and to mitigate impacts on the neighbors. Therefore no further enforcement actions are necessary at this time and I would recommend closing the file on this matter. 2 ACTION NO. ITEM NO. E- f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 Public hearing to receive citizen comments regarding proposed amendment to the fiscal year (FY) 2007-2008 budget in accordance with Section 15.2-2507, Code of Virginia AGENDA ITEM: SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is a public hearing to secure citizen's comments concerning amending the FY 2007- 2008 budget by adjusting the aggregate amount to be appropriated during the fiscal year. Section 15.2-2507 of the Code of Virginia, as amended, provides that whenever such amendment exceeds 1 percent of the total expenditures shown in the adopted budget or $500,000, whichever is lesser, the County must publish notice of a meeting and public hearing. The notice must state the County's intent to amend the budget and include a brief synopsis of the proposed budget amendment(s). This notice was published on August 7, 2007. 1. Request to appropriate $28,326,698 for Northside High School renovations. FISCAL IMPACT: There is no fiscal impact as a result of the public hearing. Requests for the appropriation will occur later on this agenda. STAFF RECOMMENDATION: It is recommended that the Board hold the required public hearing. Board action appropriating funds, as provided in this notice, will occur later during this meeting. ACTION NO. ITEM NO. ~ - \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 AGENDA ITEM: Request to adopt a resolution appropriating $28,326,698 for Northside High School renovations SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: Elmer C. Hodge t."N- County Administrator COUNTY ADMINISTRATOR'S COMMENTS: 'i\.~ ~ SUMMARY OF INFORMATION: The adopted School Board Capital Improvements Plan includes the renovation and expansion of Northside High School. The scope of work has been defined to include a new administrative/guidance area, new kitchen and cafeteria, new roof, new HVAC mechanical system, hook-up to public water system, new finishes throughout the interior/exterior of the building, new student lockers, new auditorium, eight additional classrooms, air conditioning the gymnasiums, and new locker rooms. Asbestos abatement on the project began in June 2007 and the construction bid was awarded in July 2007 with project completion estimated to be June 2009. The School Board approved a Notice of Intent to award a construction contract to Martin Bros. Contractor, Inc. in the amount of $21,970,656 contingent upon approval offunding by the School Board on August 9,2007, and the Board of Supervisors on August 14, 2007. The contractors cannot officially begin until the funding is appropriated. The entire budget for the Northside project is $28,326,698 and is outlined on Attachment A. The source offunding is from a combination ofVPSA bonds ($15.7 million), Literary Loans ($7.5 million), and School capital cash reserves ($5.1 million). These cash reserves were made possible by the joint capital financing plan adopted by the School Board and the Board of Supervisors in December 2004. The School administration has prepared the required application, and the School Board has adopted the necessary resolutions, to participate in the Fall 2007 bond sales. As part of the application process, the Board of Supervisors will hold a public hearing for the sale of the bonds on August 28, 2007. FISCAL IMPACT: The project will be funded with a combination of School capital cash reserves, VPSA Bonds, and Literary Loans. The proceeds from the VPSA bonds and the Literary Loans will be available on November 8,2007. The first debt payment on these bonds will not be due until the 2008-2009 fiscal year. Funding for the debt service on these bonds is included in the planned drawdown of the Future Debt Service Reserve Fund. STAFF RECOMMENDATION: Staff recommends adopting the attached resolution, which appropriates $28,326,698 to the Northside High School renovation project, contingent upon the receipt of bond proceeds from the Virginia Public School Authority and/or the Virginia Literary Loan Fund. 2 Northside High School Pro}ect Budget General Contractor - Martin Bros. Less: VE revisions accepted Alternate 1: Add Geothermal HVAC (soil permitting) Alternate 1: Deduct boiler/cooling tower Revised budget for general contract with add alternate Asbestos abatement & monitoring Portable classrooms Technology allowance FF &E allowance Architect Construction management Testing, inspections & surveys Procurement & reproductions Contingency Total Project Budget Funding Sources: Funded to date from non-bonded capital funds Planned literary loan - Fall 2007 Planned VPSA loan - Fall 2007 Major capital reserve for balance of project costs Total Funding Sources 8-14-Attachment-NSHS Budget 8/8/2007 ATTACHMENT A Revised Budget $ 23,758,000 (1,787,344) 21,970,656 1,000,000 (226,000) 22,744,656 1,100,000 240,000 330,000 600,000 1 ,302,770 368,825 200,000 75,000 1,365,447 $ 28,326,698 $ 2,409,686 7,500,000 15,700,000 2,717,012 28,326,698 $ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 14, 2007 RESOLUTION APPROPRIATING FUNDS IN THE AMOUNT $28,326,698 FOR THE NORTHSIDE HIGH SCHOOL EXPANSION AND RENOVATION PROJECT WHEREAS, the Roanoke County School Board has adopted a Capital Improvements Plan which includes the renovation and expansion of Northside High School (the "Project"); and WHEREAS, on November 15, 2005, the Board of Supervisors adopted a resolution supporting the Roanoke County School Board's application for Literary Loan Funds for this project; and WHEREAS, on April 24, 2007, the Board of Supervisors adopted a resolution declaring its intention to reimburse itself for expenditures related to the expansion and renovation of Northside High School from the proceeds of one or more financings from the Virginia Public School Authority and the Virginia Literary Fund; and WHEREAS, on August 28, 2007, the Board of Supervisors will hold a public hearing on the sale of Virginia Public School Authority bonds for this project; and WHEREAS, the proposed budget for this project is $28,326,698; and WHEREAS, $15.7 million of bonds from the Virginia Public School Authority and $7.5 million loan from the Virginia Literary Fund and $5.1 million from the School Board's capital cash reserves are designated as sources of funding for this project; and WHEREAS, the Roanoke County School Board has approved a Notice of Intent to award a construction contract to Martin Brothers Contractor, Inc. in the amount of $21,970,656; and WHEREAS, the Roanoke County School Board has requested an appropriation of $28,326,698 from the Board of Supervisors in order to sign the appropriate and necessary contracts to commence the construction of this project. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, as follows: 1. That funds in the amount of $28,326,698 are hereby appropriated to the Roanoke County School Board for the renovation and expansion of Northside High School. 2. That this appropriation is contingent upon and subject to the receipt of the bond proceeds from the Virginia Public School Authority and/or the Virginia Literary Fund. 3. That the County Administrator, or Assistant County Administrator, is hereby authorized to sign such documents and take such actions as are necessary to accomplish the purposes of this resolution. 2 ACTION NO. ITEM NO. F-2J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 AGENDA ITEM: Request for authorization to execute a contract between the County of Roanoke, County School Board, and the Art Museum of Western Virginia to provide educational programming. Elmer C. Hodge E..c,'1J- County Administraotr SUBMITTED BY: SUMMARY OF INFORMATION: On September 13, 2005, the Board approved a partnership with the new Art Museum of Western Virginia, Virginia Tech, and other area universities to support the development of an art instructional program for grades K-12. A commitment was made of $200,000 per year for up to ten years beginning after June 30, 2006. The Board authorized staff to negotiate a contract with the Art Museum of Western Virginia and to submit the contract for Board approval at a future meeting. We have now developed a contract to formalize this agreement, which is attached for your review. This contract will be used to provide services for our school students and staff as well as by Parks and Recreation for their programs with seniors and youth. Services will be billed each month by the Art Museum based upon attendance with an annual amount capped at $200,000 per year. Dr. Lorraine Lange, Superintendent of Roanoke County Schools; Pete Haislip, Director of Parks and Recreation; and a representative from the Art Museum of Western Virginia will be present at the Board meeting to answer any questions that the Board may have. FISCAL IMPACT: The $200,000 needed to cover this contract is already included in the 2007-08 budget. STAFF RECOMMENDATION: Staff recommends approval of the contract between Roanoke County, Roanoke County School Board and the Art Museum of Western Virginia. The purpose of this Service Agreement (hereinafter "Agreement") is to establish the procedures, services and responsibilities between the Board of Supervisors of Roanoke County, (hereinafter "County"), and the County School Board of Roanoke County, (hereinafter "School Board", and the Art Museum of Western Virginia, (hereinafter " Museum" for an Educational Program (hereinafter "Program") for the students and teachers of the Roanoke County public schools for the Fall semester of 2007 and the Spring semester of2008, and thereafter through 2017. WHEREAS, the Museum has submitted a "Plan for k-12 Education Partnership" to the County and the School Board, and this Plan constitutes the essential elements of this Program; and WHEREAS, the County, the School Board, and the Museum wish to partner to implement the Program; and WHEREAS, the County has determined that a partnership with the Museum to provide technical and educational assistance in the implementation of the Program and to thereafter continue this Program is in the best interests of the County and the School Board and would provide important public services and educational opportunities; and WHEREAS, the Museum is in the process of constructing a new 81,000 square foot facility in the City of Roanoke and this facility will provide expanded educational opportunities for the children of Roanoke County residents; and WHEREAS, the Museum is the only source practicably available for the provision of the Program through this Service Agreement in accordance with Section 2.2-4303.E of the 1950 Code of Virginia, as amended; and WHEREAS, it appears advantageous to the County, the School Board, and the Museum to enter into this Service Agreement in order to facilitate the implementation of this Program. NOW, THEREFORE, for and in consideration of the mutual benefit in attaining the common objectives stated herein, the County, the School Board, and the Museum mutually agree to the following provisions, terms, and conditions. ARTICLE I. GENERAL SCOPE The goal of this Program is to educate students and teachers of the School Board in art appreciation during the Fall semester of2007 and the Spring semester of2008. Thereafter this Agreement shall continue on a year-to-year basis through 2017, unless terminated as provided in Article VIII or the County fails to appropriate sufficient funds in future budget years as provided in Article VI. 1 ARTICLE II. ROLE OF PARTIES I. Art Museum Museum shall implement the Program and it will staff and supervise all activities. Museum will make available to the students and teachers of Roanoke County public schools and to the County's Park and Recreation Department, all services as follows: A. The Education Curriculum included in the Attachment I, developed in coordination with the Museum's Education Committee, including representatives from but not limited to, Virginia Tech, Hollins University, Mary Baldwin College, Radford University, Ferrum College The Education Curriculum is aligned with the Virginia Standards of Learning for core content areas and the fine arts. A record of use will be maintained by the Museum and submitted to the County and the School Board. B. The Museum Studies Curriculum created specifically for Roanoke County students attending the Center for Visual Arts. This program will offer the students the opportunity to learn about careers in a museum setting, The Art Museum's collection, and care of the collection. This program will be offered in the months of September, October, November, February, March, and April. During the 2007-2008 school year, two groups consisting of 21 and 16 high school students, respectively, will participate in five hours of instruction at the Museum per month. The program will expand to four groups by the 2009-20 I 0 school years and will remain at this level for the duration of the Agreement. The Museum has determined measurable goals and objectives for the first year of the program as detailed in Attachment 2. In addition, Attachment 2 includes an outline of the four year program. The Museum will report a program analysis along with the results of the measurable goals and objectives to the School Board on or before May I of each year. C. The Museum will provide thirty art memberships free of charge. Twenty- five art memberships will be for art teachers, one for the Superintendent of Schools, three for Roanoke County Parks and Recreation Department, and one for the County Administrator. D. All programming, including the Museum studies curriculum will be developed by Museum staff and will remain the intellectual property of the Museum. The Services and related content and materials shall be used by County and School Board and its representatives solely in connection with its receipt of the Services as described herein. The Services and related content and materials are protected by United States copyright law. 2 Modification or use of the materials for any purpose not expressly permitted by this Agreement shall constitute a breach of this Agreement and may violate copyright, trademark, and other applicable laws and Museum's intellectual property rights. All rights in the material and the Services not expressly granted herein are reserved to Museum. Upon termination of this Agreement for any reason, your limited license to use the Museum's materials and Services and any related content shall automatically terminate. County and School Board agrees and acknowledges that its use of the Services or related content and materials for purposes not expressly authorized hereunder shall constitute a violation of this Agreement regardless of whether such use is for educational purposes and might otherwise qualify under the "fair use" doctrine under United States copyright law. 2. County The County shall cooperate with the School Board and Museum to implement this Program and to make available to the Museum funds appropriated by its Board of Supervisors for staffing, operation, and continuance of the Program 3. School Board The School Board shall report to the County on the attainment of these measurable goals of this Program on or before June 15 of each year that this Agreement is in effect, Funds payable to the School Board by the County for this Program shall be paid upon actual usage each month by students and staff and invoiced by the Superintendents Office. ARTICLE III. FINANCIAL OBLIGATIONS. This Agreement shall not be construed as obligating the County or the School Board to expend funds in any contract or other obligation for the future payment of money in excess of appropriations authorized by law and administratively allocated for the purposes herein, unless stipulated by separate agreement. Subject to future appropriations, the County has indicated an intention to fund this Program for ten years at $200,000 per year. Estimated Service Agreement costs for and payable to the Museum, subject to appropriations, are $184,000 annually. Estimated Service Agreement costs for and payable to the School Board, subject to appropriations, are $16,000 annually. It is understood that any funds not used by Roanoke County Schools and Roanoke County Parks and Recreation will remain in the Roanoke County General Fund. 3 Subject to future appropriations the County has indicated an intention to fund this Program for ten years at $200,000 per year. ARTICLE VI. FUTURE APPROPRIATIONS. Subject to Appropriation The obligations of the County under this Agreement shall be subject to and dependent upon appropriation being made from time to time by the Board of Supervisors of Roanoke County for such purpose. Any other provision to the contrary notwithstanding, this Agreement and the obligations herein shall not constitute a debt of the County within the meaning of any limitation on indebtedness of the County under any constitutional or statutory limitation and nothing in this Agreement shall constitute a pledge of the full faith and credit of the County under any provisions of its Charter, as applicable, or the Constitution of Virginia. The failure of the governing body of the county to appropriate funds in any year for payment as herein provided during such year shall ipso facto terminate this Agreement without any further liability on the part of the County of any kind, thirty days after the Board of Supervisors of Roanoke County makes a final determination not to appropriate funds for this Agreement for the current fiscal year. ARTICLE V. LIABILITY AND INSURANCE Museum shall provide general liability insurance for the Program for those elements of the Program conducted at the Museum's facilities. Nothing herein shall be construed as the waiver of any immunity of the County or the School Board or the County may enjoy under the laws of the Commonwealth of Virginia ARTICLE VI. TERM OF AGREEMENT The initial term of this Agreement shall be for the Fall semester of 2007 and the Spring semester of 2008 or until terminated as provided in Article VIII. Thereafter, this Agreement shall continue in effect for ten years through 2017, unless terminated as provided in Article VIII, or if the County fails to appropriate funds for its continuation. ARTICLE VII. KEY OFFICIALS The Program set forth in this Agreement shall be reviewed by the appropriate officials of the County, the School Board, and the Museum. The following individuals are hereby designated as Contract Administrations pursuant to this Agreement for the parties: 4 ROANOKE COUNTY Elmer C. Hodge County Administrator 5204 Bernard Drive P.O; Box 29800 Roanoke, VA 24018 Telephone: (540) 772-2004 Fax: (540) 772-2193 SCHOOL BOARD Dr. Lorraine Lange Superintendent of Schools 5937 Cove Road Roanoke, VA 24019 Telephone: (540) 562-3700 Fax: (540) 562-3994 ART MUSEUM OF WESTERN VIRGINIA Georganne Bingham Executive Director Center in the Square One Market Square, 2nd Floor Roanoke, VA 24011-1436 Telephone: (540) 342-5760 Fax: (540) 342-5798 ARTICLE VIII. TERMINATION. If, through any cause, either party shall fail to fulfill in a timely and reasonable manner its obligations under this Agreement, or should either party violate any of the terms, covenants, agreements or stipulations of this Agreement, the other party shall have the right to terminate this Agreement by giving \Vfitten notice to the breaching party, specifying the terms of such breach. Except by reason of breach for failure to pay compensation to Museum as and when due, the breaching party shall have ninety (90) days following the date of such \Vfitten notice to cure such breach; but if such breach is not cured within such 90-day period, this Agreement shall automatically terminate. The non-breaching party may seek such claims, damages, remedies or other relief against the breaching party as it may have under principles of law and equity provided by relevant law. 5 ARTICLE IX. NOTICES. Any notice required or permitted to be given hereunder shall be in writing and shall be deemed to be effective when either personally delivered or deposited in the U.S. Mail, CertifIed Mail, Return Receipt Requested, postage prepaid, and addressed to the key officials at the appropriate address set forth in Article VII of this Agreement. Confidentiality. Notwithstanding the provISIons of Article 8 above, County and School Board agrees that in the course of performance of this Agreement, County and School Board may be provided with access to confidential and/or proprietary business information of the Museum. County and School Board agrees to maintain all such confidential and proprietary information including, but not limited to, teaching manuals, instructions, forms, formats, outlines, techniques and other information (the "Confidential Information") related to the provision of the Services, whether or not defined as specific intellectual property pursuant to Article II above, as confidential and shall not release such Confidential Information to any third party, nor use such Confidential Information other than during the course of the provision and receipt of the Services without the prior written consent of the Museum. Notwithstanding the foregoing, Confidential Information shall not include information which, (i) at the time received by County and School Board, was publicly available information; (ii) becomes publicly available following receipt by County and School Board through means other than a breach of this Agreement by County or School Board; or, (iii) is otherwise designated as "non- confidential" by Museum. Should County or School Board receive any subpoena duces tecum, request for production of documents, or other legal process address such confidential information, County or School Board shall notify the Museum immediately upon receipt and shall take all reasonable steps to cooperate with the Museum should the Museum, at its expense, wish to move for protective order or to quash such process. Assign ability. Neither County, School Board nor Museum may assign any interest in this Agreement without the prior written consent of the other party hereto. Publication. Reproduction and Use of Materials. No materials provided by the Museum to County or School Board pursuant to this Agreement and/or in the course of providing the Services, in whole or in part, shall be published, disclosed, distributed or otherwise used, in whole or in part, in any reports, data or other materials prepared by county or School Board or their agents and employees, without the prior express written consent of Museum. At the request of Museum or upon termination of this Agreement, County or School Board shall promptly redeliver to Museum all written content and materials provided by Museum. County or School Board will not retain any copies, extracts or other reproductions in whole or in part of any such content or materials. 6 Force Maieure. Should Museum be prevented from performing any of its obligations hereunder by reason of storm, flood, strike, failure of internal or external electronic transmission or other communication equipment, fire, riot, civil unrest or other occurrence beyond Museum's reasonable control for any period during the term of this Agreement, Museum's failure to provide any service or materials that form a part of the Services shall not be deemed a breach of this Agreement, but such Services and the provision of such materials shall resume as soon as reasonably possible following termination or conclusion of such event, and the compensation set forth in Article III, shall be equitably prorated as reasonably necessary and appropriate to recognize School Board's temporary failure to receive such temporarily suspended Services or the provision of materials, as otherwise herein required. ARTICLE X. AMENDMENTS. This Agreement may be modified or amended at any time by mutual written agreement of the parties. ARTICLE XI. GENERAL AND SPECIAL/ADDITIONAL PROVISIONS. Special Provisions The annual appropriation will be paid into a separate fund to be paid out to the Museum and the School Board as services are provided to Roanoke County students and teachers upon verification by the School Board. Museum will invoice the County monthly for all services rendered to Roanoke County Schools and Roanoke County Parks and Recreation. Payment is due 30 days from the date of the invoice. Roanoke County Schools will invoice Roanoke County monthly for the transportation costs for that month as provided for in Article III. Payment is due 30 days from the date of invoice. ARTICLE XII. A TT ACHMENTS. Attachment 1 - Detailed Overview of Educational Programming Attachment 2 - Museum Studies Overview Year 1 Objectives and Measurable Goals Attachment 3 - Service Contract cost calculation IN WITNESS WHEREOF, the duly authorized representatives of the parties have hereto affixed their signatures on the dates herein below set out. 7 BOARD OF SUPERVISORS OF ROANOKE COUNTY By Elmer C. Hodge, County Administrator Attest: Clerk, Board of Supervisors Approval as to form by County Attorney COUNTY SCHOOL BOARD OF ROANOKE COUNTY By Dr. Lorraine Lange, Superintendent Attest: Clerk, County School Board ART MUSEUM OF WESTERN VIRGINIA By Georganne Bingham 8 Attachment I: Detailed Overview of Educational Programming Tier 1: Pre K-12 Educational Programming On-Site Programming Distance Learning Internet Based Material (On location at the Art Programming (Accessible through the (Educational Streaming Museum) using H.323) Art Museum Website) . Museum Method, . Museum Method, . Web-based Art Critical Thinking Critical Thinking Interactive Tool- Lessons (Grades 2-12) Lessons (Grades 3-12) WAIT (Grades 6- 12) . Art and Literacy (Grades . Art and Literacy . Lecture Video Pre K-1) (Grades Pre K-1) Streaming (Grades 4-12) · . Fine Arts Programming . Fine Arts Programming . Pod casts (Grades (Grades Pre K-12) (Grades 6-12) 4-] 2). . Art Club Roundtable . Art Club Roundtable (Grades 9-12) (Grades 9-12) . Theme Tours (Grades Pre K-12) . Guided and Self-Guided Tours (Grades Pre K-12) . Art Venture (Grades Pre K-5) . Will be available in fall, 2007 9 Tier 2: Professional Development Offerings Distance Outreach On-Site Professional Internet Based Professional Professional Development Material Development Development (Educational (Accessible (Museum Staff (On location at the through the Art Conduct PD at Art Museum) Streaming using Museum Website) School or H.323) Division) . Training in the . Training in the . Professional . Training in Museum Museum Development the Museum Method Method Video Method Streaming . Evening Evening Pod casts . . . . Workshops Workshops . Weekend . Weekend Mini- . Online Mini-Institutes Institutes Lesson Plans . . Book Study . Book Study Workshop Workshop Series Series . Summer Institutes . Teacher Open Houses · Will be available in fall, 2007 10 Tier 1: Pre K-12 Educational Programming Art Museum On-Site and H.323 Programming The following programs are available both on-site at the Art Museum and through educational streaming using H.323 teclmology. . Museum Method, Critical Thinking Lessons: This program is the heart of educational programming at the Art Museum of Western Virginia. The "museum method" involves turning the museum's gallery space into a truly interactive learning environment as students participate in lessons that are inquiry based, that reinforce core content Virginia Standards of Learning, and that concentrate on developing higher level thinking skills. These lessons, both onsite at the museum and through "educational streaming" using H.323 teclmology, concentrate on a specific core content essential knowledge standard and the related essential skills. In essence, the lesson involves students using essential skills to better understand essential content. The development of these skills relates to two primary activities: 1) the use of a work of art or works of art from the museum's collection and 2) the use of manipulatives. Students interpret a work of art in the collection related to the SOL under examination. This serves as a focus activity. Following the focus activity, the students receive basic background information related to the SOL serving as the focus of the lesson. Students then work in small groups with manipulatives, provided by the museum, that relate to both the essential knowledge and the essential skills related to the SOL. Students then share their conclusions related to their work. The museum method allows for differentiated instruction, it encourages a student centered learning environment, and it provides students with an interdisciplinary learning experience that allows the fine arts to support core content, Virginia SOL curriculum. . Art and Literacy: Research strongly supports the conclusion that students reading at grade level by third grade have a greater chance of both graduating and of graduating on time. It is essential that students develop reading skills early in their educational career and that they begin to recognize that literature does not operate in a vacuum but rather reflects themes found in the world surrounding the students. The Art Museum is committed to helping schools help their students gain a love of reading and develop student reading skills. Art and Literacy is a program that allows students in grades Pre K-l to begin to make connections between works in the museum's collection and a grade appropriate book. Students participating in this program examine a work of art in the collection. They then have a book read to them that directly relates to the particular piece of art they have examined. Museum educators have students identify themes that connect both the work of art and the book under examination. Students then participate in a craft that relates to the overall theme of the lesson. In this way, auditory, visual, and kinesthetic learning styles are all addressed, students gain an appreciation for reading, and they explore larger themes that connect books and art as they develop observation and critical thinking skills. 11 . Fine Arts Programming: The Art Museum of Western Virginia is committed to being the primary fine arts resource for western Virginia. Fine arts programming is intended to allow fine arts teachers throughout the region to expose their students to art history, art criticism, and general exploration of the fundamental elements of art. Through Fine arts programming, fine arts teachers can participate in the museum method as their students develop higher level thinking skills as they explore various artistic techniques, learn how to examine a painting critically, and explore the history surrounding a particular work of art or its particular style. This programming can enhance a school's Advanced Placement Art History curriculum. . Art Club Roundtable: The museum offers fine arts students in high school unique opportunities to receive guidance and feedback from local artists and from the university and college levels as they pursue further education in the fine arts and/or graphic design. Participants in the Art Club Roundtable meet with other student artists in order to share their work and to hear feedback about their work from fine arts professors, from graphic design professors and artists, and from professional area artists. Students who attend meetings will receive gentle critiques of their work, guidance on creating a portfolio, and learn about career options related to the fine arts and graphic design. This is a good opportunity for students to "network" as they not only meet peers from other schools and divisions but also as they meet possible future professors and practicing artists. On-Site Programming The following programs are available only on-site at the Art Museum. . Theme Tours: During a theme tour, museum educators lead students through the gallery and explore works of art that relate to a specific theme. These themes are related to core content SOL or the fine arts. During theme tours, students are exposed to multiple pieces in the museum's collection, interpret those works from a perspective related to a specific theme, and then compare and contrast how other works of art examine that specific theme. . Guided and Self Guided Tours: Tours of the museum allow students to view portions from the museum's permanent collection and/or the museum's current exhibition. Unlike theme tours, guided and self guided tours are wider in scope and allow students to spend time examining a larger number of works. Trained docents or the teacher can lead the students through the museum, or the students can have the freedom to explore the works on their own. . Art Venture: Art Venture is the Art Museum's interactive gallery space designed for students pre-K through 5. Students visiting Art Venture will find multiple interactive stations in which they can explore fundamental principles of the fine arts, create their own works of art, and interact with replicas of pieces found in the museum's collection in order to examine in more detail guiding artistic principles related to works in the museum's collection. 12 Internet Based Material The following programs are available through the Education Section of the Art Museum's website. . Web-based Art Interactive Tool (WAIT): WAIT allows students to access works of art from the Art Museum's collection on-line and to directly engage those paintings at three levels. Students examine key interactive zones found on each painting which they can then interpret from a perspective of symbolism, composition, and content. By using an interactive textbox for each interactive zone and each level, students not only explore fundamental elements of the fine arts, they also explore core content SOL essential knowledge reflected within the art. This tool is entirely web-based, meaning that students do not have to download any software and that the students can save their work at any time and return later to continue working on their interpretations; students can use any computer that has access to the Internet. When finished, the students publish their interpretations actually on-line as they receive a unique URL address that allows anyone with access to the Internet to read their interpretations. . Lecture Video Streaming: Students using this feature can download and watch short, five to fifteen minute, video clips related to the Art Museum's collection and to core content curriculum and the fundamental elements of art. Experts on staff at the Art Museum, as well as education professors and professors of core content areas, concentrate on one or more pieces from the museum's collection as they interpret the art from an interdisciplinary perspective, discuss the piece's place in the history of art, or examine fundamental elements of art found within the work of art. . Pod casts: Pod casts allow students to access a digital recording of either guest lecturers that have presented at the Art Museum or experts discuss pieces of art found within the museum's collection. These digital recordings can last anywhere from ten minutes to ninety minutes. 13 Tier 2: Professional Development Offerings Art Museum On-Site, H.323, and Outreach Programming The following programs are available on-site at the Art Museum, through educational streaming using H.323 technology, and through the use of Art Museum staff actually conducting professional development at a school or school division. . Training in the Museum Method: This professional development offering involves teachers learning about the museum's basic pedagogy that serves as the foundation for educational programming at the museum. Teachers explore how the fine arts supports both core content instruction and help to develop higher level thinking skills in students. Through this training, teachers will become familiar with the museum method as it has been instituted at the Art Museum. Teachers will also become aware of the importance of inquiry-based learning that is student centered and the effective use ofmanipulatives in instruction. The training sessions are broken down into three, one hour sessions, which include Session 1: How to Read the Curriculum Framework as it Relates to the Fine Arts; Session 2: How to Use the Fine Arts to Support Core Curriculum Instruction; Session 3: How to Implement the Museum Method. Teachers that complete training in all three sessions become certified "Museum Method Education Trainers" and will receive resources to use for training teachers throughout the district in the museum method. These workshops count toward teacher recertification if the teachers' respective divisions agree to award points for their participation. Educators on staff at the Art Museum typically lead these sessions, and space is limited to 60 participants. These workshops are available year round as scheduling allows. Art Museum On-Site and H.323 Programming The following programs are available both on-site at the Art Museum and through the use ofH.323 technology. . Evening Workshops: These workshops are intended to expose teachers to one or two pieces in the museum's collection or to provide teachers with information related to the current exhibition. Teachers participating in these workshops will learn more about the museum method, how to use the fine arts to reinforce core content instruction, and how to better interpret works of art from their discipline's, both core content and fine arts, perspective. These workshops are two hours in length, typically from 7:00 PM until 9:00 PM, and can count toward teacher recertification if their respective divisions agree to award points for their participation. Educators on staff at the Art Museum typically lead these sessions, and space is limited to 40 participants. Teachers can register on a first come, first serve basis. Evening workshops occur once a month during the months of October, November, February, March, and April. 14 . Weekend Mini-Institutes: Weekend mml-mstitutes are fairly intense professional development opportunities for teachers as they allow teachers to explore the Art Museum's collection and current exhibitions in great detail. These institutes, lasting from 7:00 PM - 9:00 PM on Friday evening and then from 9:00 AM - 3:00 PM on Saturday, concentrate on a major theme related to core content, SOL based curriculum. Teachers receive content knowledge about that theme and any related and relevant themes, and they then learn how the fine arts can relate to those themes. Teachers become fully immersed in the museum method as they examine core content and works of art, how they relate, and how to effectively use manipulatives with students in order to encourage inquiry- based, student centered educational experiences for their students. These mini- institutes count toward teacher recertification if their respective divisions agree to award points for their participation. Educators on staff at the Art Museum typically lead these sessions; however guest lecturers considered experts in their respective fields will also occasionally be present. Space is limited to 40 participants. Teachers can register on a first come, fust serve basis. One weekend mini-institute is offered each semester during the school year. . Book Study Workshop Series: This five part series, held one evening a month from 7:00 PM - 8:30 PM during the months of October, November, December, January, and February, allows social studies teachers the opportunity to explore SOL essential knowledge content related to a specific topic and/or theme in great detail. A college level instructor of history leads these sessions. Session 1 introduces the topic or theme and involves participants examining works of art found in the Art Museum that relate to the topic or theme; participants explore what the works reveal and suggest about the topic or theme as well. Sessions 2, 3, and 4 involve participants reading a different monograph related to the topic or theme and then discussing that work in relation to the works of art examined during Session 1 and in relation to the content that is the focus of the workshop series. Session 5 involves participants presenting lesson plans related to the content discussed during the workshop series and the museum method. All lesson plans are subsequently published online through the Art Museum's website so that teachers can benefit from the teachers' work. These book study workshop series count toward teacher recertification if their respective divisions agree to award points for their participation. Space is limited to 15 participants. Teachers can register on a first come, first serve basis. One book study workshop series is offered each school year. 15 Art Museum On-Site Programming The following programs are available only on-site at the Art Museum. . Summer Institutes: Summer institutes at the Art Museum are the most intensive professional development opportunities offered. These institutes, lasting one, two, or three weeks from 8:00 AM until 5:00 PM each day, with possible field trips on weekends, fully immerse participants in the museum method. Professors from various universities and colleges in the education, history, English, mathematics, and/or science departments, along with Art Museum staff, discuss content and pedagogy with participants and help participants develop interdisciplinary, inquiry based lessons that encourage team teaching and the development of higher level, critical thinking skills. These summer institutes count toward teacher recertification if their respective divisions agree to award points for their participation. The number of participants can vary, typically ranging between 20 and 40 participants. All participants must apply for acceptance to summer institutes. · Teacher Open Houses: Teacher open houses are semi-formal gatherings of teachers at the Art Museum in order to meet museum staff, tour the current exhibition, and learn about the museum method and about educational programming offered at the Art Museum. The Art Museum hosts a reception for teachers, and these open houses typically last from 4:30 PM - 6:00 PM. Internet Based Material: The following resources are available online through the Art Museum's website. · Professional Development Video Streaming: Teachers with access to the education section of the Art Museum's website will be able to download and view instructional video related to the museum method and to the various online lessons found through the website. Teachers can not only learn more about the museum method and the museum's collection, they can also download video in which they witness teachers model the museum lesson and lesson plans found through the website. . Pod casts: Teachers can download MP3 files that relate to guest speakers that have spoken at the museum as well as information related to the museum method, including tips about effective instructional practices and information related to the museum's collection. . Online Lesson Plans: Teachers can gain access to museum method lessons related to core content, SOL based curriculum. Teachers can download individual lessons, as well as gain access to digital images from the museum's collection that relate to the lesson plan and links to manipulatives that support the lesson. 16 Attachment 11: Museum Studies Program Overview, Year 1 Objectives, and Measurable Goals Program Overview: The Museum Studies course conducted at the Art Museum of Western Virginia is an eight part course covering four years, ninth through twelfth grade. This course is intended to augment the fine arts instruction occurring through the Arnold R. Burton Art Center. The students spend one week per month, three months each semester, at the Art Museum learning about museum studies and art history. Students will have a unique opportunity to examine works of art that are a part of the museum's permanent collection as well as all temporary exhibitions. Through participation in this program, students will also have the opportunity to interact with museum staff and explore different employment opportunities available in the museum world. The curriculum for the Museum Studies course is divided into four, one year long units, with each unit being divided into two semester parts. A year long project for each unit brings cohesion to the unit. Unit 1 serves as an introduction to museum studies and allows students to gain a general understanding of museums and museum work. Unit 2 concentrates on a significant portion of the Art Museum of Western Virginia's J'ermanent collection. Students will examine trends and movements in American 19 and 20th century art in relation to the museum's permanent collection. During Unit 3, students will learn about contemporary art as it relates to the museum's collection, as well as how to examine art from a critical perspective. Unit 4 will serve as a capstone for the Museum Studies course. During Unit 4, students will gain the opportunity to participate in the Young Docents program and to complete a multi-media research project published through the Art Museum's website. The Young Docent program allows students to experience first hand the inner workings of a museum as they are trained to work with the public, conducting tours, and giving presentations. Through this program, students gain real world working experience while conveying their knowledge of the museum's collection. During Unit 4 students will also complete a year long research project which will be in a multi-media, hypertext format and published to the Art Museum's website. Students will be able to research either an artist whose work is at the museum, a particular work of art at the museum, or an artistic style or movement that is represented at the museum. The students will create a project that may contain digital video and/or digital images together with supporting text. This project will allow students to become better versed in a particular topic or theme related to the museum, and it will allow them the opportunity to publish their work through the Art Museum's website. This project will truly be a culminating experience as it incorporates all of the elements the students will have examined in Units 1 through 3. 17 Program Outline: Y earlU nit Unit Title Text Unit Pro.iect Introduction to Introduction to Interpretation of a Work of 1 Museum Studies Museum Work, Art using WAIT - the Art Text George Ellis Burcaw, Museum's Web-based Art 1997 Interactive Tool A Concise History of Digital Video, Web-based American 19th and American Painting Documentary of an 2 20th Century Art and Sculpture, American Artistic Matthew Baigell, 1996 Movement Criticizing Art: 3 Contemporary and Understanding the Multimedia Art Criticism New Media Art Contemporary, Terry Proj ect Barrett, 2000 Young Docent Young Docents and Program and Senior 4 Multi-Media NA Multimedia, Web-based Research Project Research Project Instructors (All instructors hold valid and current Virginia teaching licenses): B. Scott Crawford, Deputy Director of Education, Art Museum of Western Virginia B. Scott Crawford holds a master's degree in history and has been professionally involved in education for over thirteen years. He served as a high school history instructor for seven years, during which time he became National Board certified in secondary social studies instruction. He then went on to serve three years as a social studies coordinator, K -12, for a school division. Mr. Crawford continues to remain active in the classroom as he serves as an adjunct history instructor at Radford University and at Virginia Western Community College. Tanya Gray, Museum Method Educator, Art Museum of Western Virginia Tanya Gray has had international teaching experience as she has taught both in Virginia and in Japan. Mrs. Gray taught English to Japanese students in Sekikawa, Japan, and she has served as an English Language Learner instructor for four years. In all, Mrs. Gray has seven years teaching experience. She holds a master's degree in education. Frank Giannini, Head of Young Adult Education, Art Museum of Western Virginia Frank Giannini has several years experience with museum programming at the Smithsonian. Mr. Giannini is currently completing his graduate work in teaching through Hollins University. His research is currently concentrating on interdisciplinary studies and how to successfully integrate the fine arts into instruction. 18 Year 1: Introduction to Museum Studies Part I: Fall Semester Objectives . TSW define basic terms related to museums and museum work . TSW identify the 3 major types of museums . TSW compare and contrast the 3 major types of museums . TSW put forth a working definition of museum . TSW describe the history of museums in Western Civilization . TSW identify major employment positions within a museum setting . TSW compare and contrast types of owners of museums . TSW analyze ways in which museums obtain financial support . TSW compare and contrast different forms of collecting theory as related to the three major types of museums . TSW describe how works are registered and cataloged in a museum setting . TSW evaluate methods of preservation and security in a museum setting Measurable Goals . 100% improvement on student weekly posttest scores from pretest scores . 100% participation in daily group projects . 100% improvement on student final test . 100% participation in final museum simulation Part 2: Spring Semester Objectives . TSW compare and contrast educational potential for a piece and popular appeal of a work of art . TSW describe the characteristics of a successful and educational exhibition . TSW analyze labels in an exhibition and identify elements of an educationally sound label . TSW evaluate an exhibition on the basis of the characteristics of a high-quality exhibition . TSW evaluate the content of labels related to works of art . TSW analyze museums' ability to address current problems in education . TSW compare and contrast a curatorial department approach and an educational department approach to an exhibition . TSW evaluate the degree to which museums should stand on social issues in their country and community . TSW analyze the way in which museums can serve as education centers in a community . TSW analyze the value of historic preservation . TSW evaluate the use of propaganda and museums in relation to nationalism during the 20th century 19 .. TSW analyze the impact of censorship on society and museums . TSW evaluate various problems and issues museums face in relation to federal and state laws .. TSW evaluate the role of technology in art and museum educational programming Measurable Goals . 100% improvement in weekly posttest scores from pretest scores .. 100% participation in daily group projects . 100% participation in panel discussion .. 100% participation on historic preservation debate .. 100% improvement on student final test .. 100% participation in the final museum simulation 20 A TT ACHMENT III. Service Contract Cost Calculation Number of Students Cost per student $ 14,844 12.40 Estimated Service Cost $ 184.065.60 The number of students used in the above calculation was obtained from the Virginia Department of Education website. The services provided by the Museum are available for aU students and teachers of Roanoke County public schools and participants in the Roanoke County Parks and Recreation Department. 21 ACTION NO. ITEM NO. t=""" ~ 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 AGENDA ITEM: Request to adopt a resolution requesting approval to join Local Governments for Sustainability (ICLEI) SUBMITTED BY: Anne Marie Green Director of General Services ElmerC. Hodge ~ -!fe-P ~ County Administrator ~ APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~/~ SUMMARY OF INFORMATION: Roanoke County has been a leader in environmental initiatives, having adopted an environmental policy in 2001 and implemented a system of environmental management (SEM) shortly thereafter. Due to these efforts, not only has the County met its commitment to the EPA's Ozone Early Action Plan; but it has also been able to reduce energy consumption which has translated into real dollar savings as utility and fuel charges have continued to rise. The County has also received an Environmental Excellence Award from the Virginia Department of Environmental Quality. Many local governments have gone a step further, Jommg Local Governments for Sustainability formerly the International Council for Local Environmental Initiatives and commonly known as ICLEI. ICLEI is an international association committed to improving the global environment through local action. Consisting of over 660 cities, counties, towns, and villages worldwide; ICLEI helps local governments generate public awareness and support for environmental and sustainability issues and provides technical assistance as well as training toward realizing tangible goals. Part of the assistance provided includes software to track success, notification of grants, and technical assistance in implementing plans. Additionally, staff has been in contact with faculty at Virginia Tech and James Madison University (JMU) concerning assistance from student interns in inputting data into the software. ICLEl's foremost program is Cities for Climate Protection (CCP). This program is performance oriented and designed to assist local governments in reducing greenhouse gas emissions through a program model and appropriate training and technical assistance. There are five milestones in this program: 1. Establishing a baseline by calculating greenhouse gas emissions 2. Adopting emissions reduction targets 3. Developing a Local Action Plan 4. Implementing policies and measures 5. Monitoring and verifying results Roanoke County already has much of this information through its SEM program and will be able to use this data with ICLEl's assistance to determine how to further reduce energy consumption and save both the environment and tax payer dollars. Several other Virginia localities are currently members of ICLEI, including Arlington County, the cities of Charlottesville, Harrisonburg, and Roanoke, and the town of Blacksburg. The first step in implementation is for the Board to pass a resolution pledging to reduce greenhouse gas emissions resulting from government operations and the community at large. An elected official and a staff member will need to be designated as liaisons to ICLEI, and there is an annual fee of $1,200. General Services will provide the staff support for this program. The major benefits to joining ICLEI are: 1. Access to the tools, software, and technical support to reduce energy consumption. 2. Financial savings due to reduced utility costs for the County, businesses, and homeowners. 3. Measurable improvements in air quality contributing to the overall health and well being of the community. 4. Stimulus to economic development due to the retention of local "energy dollars" that can be reinvested in the community. 5. Positive recognition for actively participating in a high profile, international organization. FISCAL IMPACT: The annual dues are $1,200, which is available in the General Services budget. Staff is anticipating that with assistance from Virginia Tech, JMU, or both, there will be minimal cost involved in meeting the milestones. 2 STAFF RECOMMENDATION: Staff recommends the following: 1. That the Board approve the attached resolution pledging to reduce greenhouse gas emissions; and 2. Designate a member of the Board to serve as liaison to ICLEI. 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 14, 2007 RESOLUTION REQUESTING APPROVAL TO JOIN LOCAL GOVERNMENTS FOR SUST AINABILlTY (ICLEI) WHEREAS, the U.S. Conference of Mayors endorsed the 2005 U.S. Mayors' Climate Protection Agreement initiated by Seattle Mayor Nickels and signed by 592 mayors in the United States as of June 2007; and WHEREAS, the Urban Environmental Accords adopted by local government delegates during UN World Environment Day 2005 call for reduced emissions through energy efficiency, land use and transportation planning, waste reduction, and wiser energy management; and WHEREAS, 162 countries including the United States pledged under the United Nations Framework Convention on Climate Change to reduce their greenhouse gas emissions; and WHEREAS, energy consumption, specifically the burning of fossil fuels, accounts for more than 80 percent of U.S. greenhouse gas emissions; and WHEREAS, the use of energy and fuel have an impact on the citizens of Roanoke County, Virginia, through air quality, government operational cost, and resident quality of life, and; WHEREAS, local government actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the local government, its businesses, and its residents; and WHEREAS, the Cities for Climate Protection@ Campaign sponsored by ICLEI - Local Governments for Sustainability has invited the County of Roanoke, Virginia, to join ICLEI and become a partner in the Cities for Climate Protection Campaign. NOW THEREFORE, BE IT RESOLVED, that the County of Roanoke, Virginia, witl join ICLEI as a full member and participate in the Cities for Climate Protection Campaign and, as a participant, pledges to take a leadership role in promoting public awareness about the causes and impacts of climate change; and BE IT FURTHER RESOLVED, that the County of Roanoke will undertake the Cities for Climate Protection Campaign's five milestones to reduce both greenhouse gas and air pollution emissions throughout the community, and specifically: . Conduct a greenhouse gas emissions inventory and forecast to determine the source and quantity of greenhouse gas emissions in the jurisdiction; . Establish a greenhouse gas emissions reduction target; . Develop an action plan with both existing and future actions which when implemented will meet the local greenhouse gas reduction target; . Implement the action plan; · Monitor and report progress; and BE IT FINALLY RESOLVED that the County of Roanoke, Virginia, requests assistance from ICLEl's Cities for Climate Protection Campaign as it progresses through the milestones. 2 ACTION NO. ,c-tf- ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 AGENDA ITEM: Request for authorization to execute a contract with Motorola to upgrade the 800M Hz radio system to digital SUBMITTED BY: Elaine Carver Director of Information Technology APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: Upgrading the system at this time will improve the reliability of our emergency communications system and will allow us to take advantage of significant discounts. Recommend approval. SUMMARY OF INFORMATION: The 800MHz radio system that we currently use was installed in 1987 and has served our County and public safety personnel well. Over the past 20 years, there have been several upgrades to the system with the most significant upgrade occurring in 1999 when Roanoke City joined our system. We currently have four tower sites supporting 2,500 radios around the Roanoke Valley. The radio system is vital for police and fire and rescue personnel to communicate with 911 dispatchers and with each other and our move to a digital radio format will ensure that they have the best and most reliable equipment available. In addition to Roanoke County and the City of Roanoke, there are many others that utilize the system including the Western Virginia Water Authority, Valley Metro, the City of Salem Fire and EMS, the Airport Authority and other smaller agencies. In 2005, Motorola announced that it would not be able to support our current analog system starting in 2009. In 2005, we shared the information we had received from Motorola with the Board and were directed to begin planning for a replacement system. In order to ensure that we were making the best choice, we identified nine goals for a replacement system. Below are five of our top considerations in selecting a new radio system: 1. We wanted to maximize use of our existing infrastructure in order to reduce costs. The County is realizing significant cost savings by using the same tower sites as the existing system. This means no property acquisition or leasing costs. 2. It was important to provide a comparable level of coverage to our existing analog system. The proposed digital solution will achieve that result. 3. It was also important to be able to communicate with surrounding users who have not yet made the transition from analog to digital. By leveraging the new consoles purchased when we built the Public Safety Building, we can maintain communication without sacrificing functionality or drastically altering our communications protocols. 4. Provide enhanced voice quality for Public Safety Agencies. The new radio system will allow for more consistent audio quality over a larger portion of the coverage area. The net result is clearer voice quality for those delivering public safety services to our citizens. 5. Make the system scalable and expandable. The system will begin with four sites and 13 channels; however, we can bring on additional channels at any time. The Master site, at the Public Safety Building, is capable of fully supporting all of the existing 23 licensed channels without costly re-engineering or re-configuration. We are proud to have met all nine goals. We have included an Executive Summary that explains each goal and how it will be achieved. We have also attached a detailed timeline for this project, as well as a Payment Schedule identifying the milestones. FISCAL IMPACT: The original cost estimate was $9.3 million dollars; however, we are able to deliver this high quality radio system for $9,082,780.00. This resulted in a cost savings of $217,220 in capital funding and we were able to negotiate a two-year warranty at no additional cost. Financing alternatives are still being evaluated and a request for funds appropriation will be presented at an upcoming Board meeting. ALTERNATIVES: 1. Authorize the County Administrator to execute a contract with Motorola for $9,082,780 contingent on the County Attorney's review and approval as to form, and the approval by the Board of the financing package and appropriation request. 2. Deny the request and authorize remaining on the current 800MHz analog radio system with the understanding that Motorola will not be able to support our current analog system starting in 2009. STAFF RECOMMENDATION: Staff recommends Alternative 1. 2 . - . ... Roanoke County and Motorola have been partners for over 20 years in providing an outstanding voice radio system used for both Public Safety "Mission Critical" operations and service operations. While this ana'og system has served the County wen, it is rapidly nearing the end of its life cycle. II Drawing on our extensive knowledge of the existing system and through input collected from County personnel, Motorola has developed this proposal to upgrade the County's system to meet the foUowing objectives: 0 0 _._ :J 0 0 0 0 0 Page 2 o Provide a contemporary, state of the art, field tested Land Mobile Radio (LMR) system that employs Trunked Digital Communications and IP technology Maximize existing infrastructure to reduce cost Provide comparable level of coverage as existing analog system Maintain same level of interoperability with surrounding users APeD Project 25 Standards Based System Provide enhanced voice quality Improve quality of encrypted communications Provide enhanced features to save time and money o Make the system scalable and expandable . ~ .,.~ . ~ -- Motorola's APCO Project 25 compliant system is called ASTRO 25. The ASTRO 25 system incorporates the latest in IP based technologies to deliver a highly reliable and redundant network design that meets the Mission Critical needs for Roa~bke County. ASTRO 25 is a II proven system platform that provides countywide seamless voice and data communications for all radio users. The radios in the ASTRO 25 family are extremely flexible, supporting digital, analog and Project 25 modes of operation. This flexibility provides the interoperability the County requires. This flexibility is not achieved by accident but by design as we continually endeavor to protect the investments of our current customers, giving them a clear path to the everchanging capabilities of tomorrow. ASTRO 25 radios are available in multiple tiers that are tailored to match the unique budget and functional needs of the various County agencies. Motorola has developed significant enhancements to the architecture of the Project 25 network. The architecture utilizes industry standard Packet Switched IP network links for connectivity between system elements. The advantages of this proposed configuration and the technology platforms~used to implement it include: . Digital technology compliantwith Project 25 standards provide an open architecture network . Common technology, platform, and protocols for both voice and data . Coverage for both voice and data is comparable and consistent, utilizing a common system backbone . Robust architecture providing reliability consistent with Mission Critical applications . Easy software upgrades with centralized downloading . Automatic voice and data call routing across entire network . IP Simulcast Technology Motorola has a long history of successfully implementing large digital radio systems for state and local government customers. We are proud of the fact that over 70% of the public safety systems in operation today are Motorola systems. Further, we have direct and relevant Project 25700/800 MHz system implementation experience that is unmatched by any other vendor. Page 3 . J m i'" I~ - '~ . .~.. Roanoke Goai"#2: I 1 Maximize existing infrastructVTe to reduc@ coSts n Th C ty . . ,.. "fi t t II vi t . f~~ II 't . th . t' t Th . .. IUd - U e oun IS rea IZlng slgnllcan Gas sa og&U..,y IJ,Slllg UK:!. same $1 es!1JS e eXls Ing sys em.ese Inc I:J e Poore Mountaio.FlLewis Mountain, crowell's Gap, Mill Mountain,~nd thfi) ~LiblicSafety Building. All existing buildings, towers.gener!1tors, and antenna syStems win be used. In addition, tl18 existing 911 Dispatch Consoles I:;:::"ke Goal #3: I I I Provide a comparable level of coverage as th"e eXisting~nalog sY$tem Providing comparable coverage to the analog system while using the same number of tQJVer sites was a challenging assig~ment. Motorola Is able to offer this due to our coverage advantage- Lirtear'Sirriulcast. The P25 I digHaJ Simulcast reqolres the use of'?arrowband channels. Without theYuseTof linear simulcast technfqu~7'narrow- band channels have a smaller tol~rance for dealing with intJ1rference in overlapping ~reas. To address this. Motorola invented Linear Simulcast ModJlation and is the only Company currently shipping this for P25 systems. It provides an excellent technical foundation to guarantee a high level of coverage performance and audio quality throughout the County. IlllllllII 11IIII RQaoo.ke Goal~#4: -=;] D II D Maintain interoperabl11t; ~ surrounding users . . .. . ~ Through the use of nf)W P25 mobiles and portables and the exlstl\}9 consoles, mteroperabllity WIth surroundIng jurisdictions will be maintained. The mobiles and portables have the cApabiUty of working on either the legacy analog system or the n9W:P25 system. Communication from the older :~nalog units ~into the digital $.ystem wiH be Daccomp"sh$d through adding h&rdware to the existing dispatch consdles. This interoperability will be transparent t~ the users as they will continue to operaJe as they do currently. Coun~ users can haVe direct radio to radio irtterop- erability with the 34 Motorola trunked systems currently operationalilwithin the the CommonweaJth of Virginia. In addition.:the Comrnonw.ealth's STARS nelwork utAizes Motorola 800 MHz portables which are also capable of direct IradlO to mdiO~nteroperabillty with the proposed users. a I . a. = ~ Page 4 II II ....... - = --== Roanoke Goal #5: " r APeo Prbjeot 25 'Compliance ',' . ' Motorola's Commitmilot to Project 25 I Since the: inception of the APCQ Project 25jnitiati~e, MotorofEj has~been actively engaged in the development of ~ interoperability standards for digital rlklio systems. tV1otorolaimpfem~nted the veryfi[stProject 25 Phase I compliant ~ system in the U.S, for the State -Of Michigan in 2001. To date. we have over 30 '700/800 MHz Project 25 systems installed, and accepted. When considering all frequency bands, M~torola has,fleen contracted,to deliver 98 Project 25 systems. Over 72 of these Project 25~ystems Ira~ a1~ be~n successfullysta~ signed off and shipped from our facto~ sta~i,ng facility (CCSI). l " ',. ,Il.. ,r .... I Havil~ Project ===5 syste:atso tr'lC(ease9.the; e'ii'blUty for State a: Paderal rants, '" .... " " ~ = Roanoke Goal #6: Provide enhanced voice quality Mission Critical Platform for the Future = III == -=== -===== == Motorola's AS~ 25 digital radio systems literall~ transmit a dat8streamover the:air, The (figital transmission is superl6l't6 anaiog transmissions becau~Qf the ability to lr:Jsert additional Qigits ittto the data ,stream. This allows forEMj[cfr::Jorrectiorf:"end a ~'consisient audio""quaiity overs largerpbrti'oriofth(,:eovera'ge area; The net result ~ supe~ior.quality audio,over a farger area of-coverage. == == ..... I I I . D paL !ii II Roanoke Goal #7: Improved Quality of encrypted communications The importance of keeping sensitive information from the criminal element has never been more important. This involves the use of mathematical algorithms. In an ASTRO 25 digital system, these algorithms are embedded in the digital transmission. The result is encrypted audio that has the exact same quality and coverage as clear audio. Roanoke Goal #8: Provide Enhanced Features The ASTRO 25 system includes integrated data with the voice. This feature allows for programming changes to be made in the mobiles and portables over the air rather than have the users take the time and expense to take the units to the radio shop. The rekeying of the encryption algorithm codes over the air is available as an option. Roanoke Goal #9: Make the System Scalable and Expandable Initially, the County's system will be four sites with 13 channels to support all of your operations. The number of channels can be increased at any time. Master site is capable of fully supporting all of the existing licensed channels. This provides flexibility for other jurisdictions to join the system either a department at a time or all departments at once. The system will expand to meet the region's needs in the future. Service and Support Superior Service and Support Motorola's support for Roanoke County does not end once the system is installed and operational. We provide a comprehensive set of system support services through the warranty period and through our maintenance. Those services include: · Remote system monitoring from our System Support Center (SSC) · Software enhancements · Depot repair of parts . Network security monitoring · 24 x 7 Help Desk support · Local on-site response These support services ensure that the County's system maintaines maximum uptime and that the system operates at the highest level of performance. 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'" ~ ~U]13~ .~ ~ ~ (j) ~ ~ - ~ .12i-;l.i:h2.VC ~ ~ ~ W j i I f ~ j till ,t"(;:illJ"JiL.I.S::J:J0EJ' br'ls i~i s -~".; ~ ,l!ij~1'l ~~"~E !~I -.l'.-~I:.:....I.-'.'-:~-~:'-:~: ...f ..,.. , I --1-- ..... '..,;-'''~'''''''''' . ~ ;~ ~ ~ ~ ~ ~ ~ .~ .~ .~ ~ .~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ :~ :~ ~ ~ ~ .W ~ ~ m ~ ~ ~ ~ 0 ~ - - i 1 J HI j I ] j I I ,... ~ N r::: o Payment Schedule Per the previous price pages, the system total is $9,082,780.00. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a u.s. financial institution and in accordance with the following milestones. Fixed Network Equipment & Services $5,422,296 Estimated No. Milestone Percent Dollars Date J. Mobilization due at contract execution (Effective Date) 10% $542,230 9-30-2007 2. Completion of Contract Design Review (COR) 13% $704,898 11-30-2007 3. Successful Completion ofCCSI Staging 42% $2,277,363 2-28-2009 4. Delivery of Fixed Network Equipment to customer designated location 5% $271,1 ]5 3-17-2009 5. Completion of Fixed Network Equipment Installation ]5% $162,669 4-15-2009 (billable 3% per site basis) $162,669 5-07-2009 $162,669 5-22-2009 $162,669 6- 09-2009 $] 62,669 6-24-2009 6. Successful Completion of Acceptance Tests 10% $542,230 9-2] -2009 7. System Acceptance 5% $271.1 15 10-20-2009 Total FNE 100% $5,422,296 Subscriber Eauipment $3,660,484 1. Shipment of Subscriber Equipment (as shipped) 100% Mobiles Portables $3,660,484 $1,587,541 $2,072,943 3-31-2008 7-3] -2008 t i t I I f ! r i 1 I. I ! I ! I ! I i i i ~ I ! ~. j Overdue invoices will bear simple interest at the rate of ten percent (10%) per annum, unless such rate exceeds the maximum allowed by law, in which case it will be reduced to the maximum allowable rate. Motorola reserves the right to make partial shipments of equipment as mutually agreed and to request payment upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations or civil work completed on a site-by-site basis, when applicable. Roanoke County, VA Digital Radio Upgrade Pricing and Financial Proposal August 1,2007 Motorola Confidential Restricted Use or disclosure of this proposal is subject to the restrictions on the title p<lge 8-2 ACTION NO. ITEM NO. f---S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14,2007 AGENDA ITEM: Request to approve a contract with the Western Virginia Regional Jail Authority to provide information technology services SUBMITTED BY: John M. Chambliss, Jr. Asst. County Administrator Elmer C. Hodge ~ k~--? County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. This will be a good opportunity to coordinate the information technology programs and services of our public safety offices with those of the regional jail and should be a winning situation for all parties. SUMMARY OF INFORMATION: The Western Virginia Regional Jail Authority is beginning the construction of the new regional jail and will soon be hiring some of the early management staff to help in setting up the policies, procedures, and documentation for the operation of the regional jail. The Jail Authority has asked the Information Technology (IT) Department of Roanoke County to contract for services to assist in planning, installing, and advising on technical matters such as radio communications, telephones, jail management software, video visitation system, computer equipment, and the associated wiring for these systems. At the July 12, 2007, meeting of the Authority, the attached agreement was approved to seek these services from the IT Department of Roanoke County. We have negotiated a contract for services to be provided for a fee of $6,000 per month to advise the Authority on these matters. These monies will provide one new staff member and related costs so that the timeliness of County IT projects will not be adversely impacted. Materials necessary for this project will be charged directly to the Authority at cost. The agreement provides that either party may terminate this agreement with 90 days written notice. The IT staff has been helpful in providing overview information in the early planning stages and the Authority is now in need of more technical assistance. FISCAL IMPACT: The Agreement calls for a fee of $6,000 per month and the impact forthe fiscal year 2007- 2008 budget will be $66,000. Since this item was not included in the public hearing for the August 14, 2007, Board of Supervisors meeting: a request to recognize and appropriate these funds to the IT budget so that they may pay for the staff costs incurred to provide these services will be made at a future meeting. No new Roanoke County dollars are involved. STAFF RECOMMENDATION: Staff recommends approval of the agreement with the Western Virginia Regional Jail Authority to provide information technology advisory services at the rate of $6,000 per month so that staff may be hired to assist this project. The recognition and appropriation of these monies to the IT Department budget will occur at a later date. 2 Information Technology Advisory Agreement Between The County of Roanoke and The Western Virginia Regional Jail Authority This Agreement is made the day of , by and between the Board of Supervisors of Roanoke County ("County"), a political subdivision and county of the Commonwealth of Virginia, and the Western Virginia Regional Jail Authority ("Authority"), created pursuant to Section 53.1-95.2 of the Code of Virginia. RECITALS 1. The Western Virginia Regional Jail Authority was created by an Agreement dated June 24, 2005 between the County of Franklin, County of Montgomery, the County of Roanoke and the City of Salem. The Authority has all powers granted ajail authority by law and by the provisions of Articles 3,3.1, Title 53.1 of the Code of Virginia (1950) as amended. 2. The Western Virginia Regional Jail Authority adopted By-Laws effective August 4, 2005. Article VII, Section 2 of these By-Laws allows the Authority to designate a fiscal agent and to enter into a contract with such agent for this purpose. AGREEMENT The County is hereby authorized to serve as the Information Technology Advisor of the Authority. As such, the Authority and the County shall agree to the provisions as outlined herein: 1. Radio Communications Consulting: The County will verify the needs and interoperability issues of the Western Virginia Regional Jail Authority and advise them on appropriate solutions. 2. IT Infrastructure: As part of the overall project, the County will review the regional jail IT project plans and drawings and make recommendations to the Authority for additions/deletions and alternative solutions. 3. IT Equipment/Applications: As a participate in the project, the County will advise the Authority on IT equipment/Applications selection, configuration, and purchasing. 4. Cost: The Information Technology Advisory services outlined above will be provided to the Authority for a fee of $6,000 per month ($72,000 annually). This Page #2 Agreement includes the salary for a contractual position to service as the Authority Technology Staff Member. If the Authority wishes to hire this person as a full-time employee, that negotiation will take place between the Authority and the individual. If the Authority hires a full time technology staff position, the need for and the cost ofInformation Teclmology Advisory Services will be evaluated and mutually agreeable adjustments will be made to this Agreement. 5. Materials: Materials will be charged, at cost, directly to the Authority. 6. Payment: Information Teclmology will invoice the Authority directly for services and/or materials. The Authority will approve invoices and submit them for payment via funds transfer. 7. Term: This Agreement shall begin on . The County or the Authority may terminate this Agreement at any time with 90 days written notice to the other. In witness whereof, the parties have cause this Information Technology Advisory Agreement to be executed by their authorized officers. Board of Supervisors of Roanoke County By: Its: COUNTY ADMINISTRATOR By: Its: COUNTY ATTORNEY Western Virginia Regional Jail Authority By: ~ r1 /41~ Its: Chairman By: ~~# Its: L~AL COUNS ACTION NO. F-0 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 Request to approve an ambulance transport fee adjustment based on new Medicare rates. AGENDA ITEM: SUBMITTED BY: Chief Richard E. Burch, Jr. Fire and Rescue Elmer C. Hodge EC'1-l- County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~~ SUMMARY OF INFORMATION: The Board of Supervisors implemented ambulance transport fees in the Fall of 2001. The funding was designated to supplement staffing and capital improvement projects for the Fire and Rescue Department. The ambulance transport fees were established to coincide with the rate of the Federal Government's Medicare payment schedule. The Medicare rates are the maximum amounts that Medicare will pay for ambulance transport services and are adjusted annually by the Centers for Medicare and Medicaid Services (CMS). By utilizing the Medicare payment schedule, the County receives the maximum allowable reimbursement from insurance companies and the Medicare program with the least required reimbursement from the patient. The Fire and Rescue Department has established a one-step process for writing off payments by patients who are unable to pay their bills. This process of "compassionate billing" ensures that patient will not be subjected to collections if they do not have the means to pay their co-payment for services. The compassionate billing program has been very successful and a number of other Virginia jurisdictions have adopted our process. The attached Power Point presentation documents what other neighboring jurisdictions are charging for similar services and includes a break-down of the current payer mix. The new rate increases proposed are as follows: Type of Service Basic Life Support (BLS) Advance Life Support 1 (ALS 1) Advance Life Support 2 (ALS 2) Loaded Mileage Current County Rate 280.00 330.00 475.00 9.00 Proposed County Rate 325.00 365.00 580.00 11.00 Note: The new rate adjustment will only increase a patient's co-payments (out-of-pocket), depending on the type of insurance, by an average of $5.00 per ambulance transport. FISCAL IMPACT: The projected increase in ambulance transport fees is approximately $300,000.00 annually in revenue. The increase in revenue will be used to pay debt service on the new North County Fire and Rescue Station currently being designed. Paying for the project from General Fund revenue will compromise the ability of the County to fund other vital capital improvement needs. AL TERNATIVES: I) Approve the rate increase to help pay for the construction of the North County Fire and Rescue Station. 2) Do not approve the rate increase and either defer construction of the North County Fire and Rescue Station or pay for the project from General Fund revenues. STAFF RECOMMENDATION: Staff recommends Alternative 1: Approve the rate increase to help pay for the construction of the North County Fire and Rescue Station. C-b ! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 14, 2007 RESOLUTION ADOPTING A REVISED SCHEDULE OF AMBULANCE TRANSPORT FEES AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of Supervisors enacted a Fee for Services ordinance as an addition to the Roanoke County Code on May 22, 2001, which established the legal structure for providing emergency medical transport services and accompanying fees as provided for by the Code of Virginia; and WHEREAS, Section 2-131 of this ordinance, contained in Chapter 2 Administration of the Roanoke County Code, provides that the Board of Supervisors, by resolution, may establish reasonable fees for the provision of emergency medical services by all emergency medical service personnel, whether provided by volunteers or public employees, upon the recommendation of the County Administrator and the Chief of Fire and Rescue; and WHEREAS, the Board of Supervisors adopted a resolution on August 14, 2001, which resolution was revised on March 26, 2002, by Resolution 032602-2, March 25, 2003, by Resolution 032503-8, and on March 8, 2005, by Resolution 030805-3, upon the joint recommendation of the County Administrator and the Chief of Fire and Rescue for the establishment of reasonable fees for the provision of various levels of emergency medical services, including mileage fees for vehicles; and WHEREAS, the U. S. Department of Health and Human Services has issued regulations, effective April 1, 2002, which establish a fee schedule for the payment of ambulance services under the Medicare program based upon specific codes or categories of ambulance services which must be complied with to receive Medicare reimbursements. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The fees which shall be charged by the County of Roanoke for the following described emergency medical services provided by Roanoke County owned, operated, funded, housed or permitted emergency vehicles shall be as follows: Advanced Life Support (ALS) 1 Emergency $365.00 Advance Life Support (ALS) 2 Emergency $580.00 Basic Life Support (BLS) Emergency $325.00 Mileage: $11.00 per mile with a maximum charge of $75.00. 2. No recipient of ambulance service who cannot afford to pay the ambulance transport fees will be required to do so. 3. 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E.~ 0) L L 0..0 ~::J .- "'0 C <( uoO o CJ) .~ 0) 0 Nc cLM 0"....... ....... 0.. -QlT ::;E:::;E:c 0 0 0 I"'-. 0 I """ T""i I 00 ACTION NO. ITEM NO. ,'....,,,. """"'J ]- ..., AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14,2007 AGENDA ITEM: Request to adopt a resolution requesting assistance from the Commonwealth of Virginia and the United States for frost and freeze losses in April, 2007 SUBMITTED BY: John M. Chambliss, Jr., Asst. County Administrator Jonathan Vest, Virginia Cooperative Extension Agent Elmer C. Hodge ~ fI...y County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~~ SUMMARY OF INFORMATION: The local Virginia Cooperative Extension Office, the FSA, and local fruit producers have determined significant damage to orchards and vineyards because of the severe frost/freeze condition during the period of April 7 through April 1 0, 2007. A cold weather trough descended on southwestern Virginia bringing temperatures 15-20 degrees below seasonable norms with the National Weather Service issuing frost/freeze advisories for several counties. Local reports suggest morning temperatures in the 21 to 33 degree F range resulting in severe frost/freeze damage to orchard stock and vineyards across the County of Roanoke on Saturday, April 7, 2007, through Tuesday, April 1 0,2007. The full extent of the damage may not be clear for several more weeks as conditions will vary by specific fruit variety and locale. There is a strong potential for further damage from the later frosts due to a 2-week early bloom this spring. It appears that there are 18 acres of peaches with 100 percent loss because the trees were in full bloom; 110 acres of apples with 80 percent loss due to 80 to 100 percent full bloom; and 34 acres of vineyards with 70 percent damage due to early leaf and early budding. This damage will result in financial losses by area orchards, vineyards, and farmers. The County Board of Supervisors is asked to recognize that a frost/freeze disaster exists for these farmers and should urge the Governor of the Commonwealth of Virginia to petition the President of the United States and the United States Secretary of Agriculture to make available any state or federal disaster relief programs available to those who need them in Roanoke County. The Virginia Cooperative Extension staff will assist area farmers, orchards, and vineyards in applying for any available assistance programs. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the attached resolution recognizing that a frost/freeze disaster for the period April 7 through April 1 0, 2007, exists and that the County request the Governor to petition the President to make available any state or federal disaster relief programs to assist Roanoke County farmers, orchards and vineyards who may need such assistance. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON AUGUST 14, 2007 RESOLUTION DECLARING A FROST/FREEZE DISASTER FOR THE PERIOD APRIL 7 THROUGH 10,2007 WHEREAS, during the period April 7 through 10, 2007, a cold weather trough descended on southwestern Virginia bringing temperatures 15 - 20 degrees below seasonable norms with the National Weather Service issuing frost/freeze advisories for several counties with local reports of morning temperatures of 21 to 23 degrees; and WHEREAS, local orchards and vineyards suffered significant loss to peaches, apples, and vineyards which were in full bloom because of the early warmth causing the plants to bloom up to two weeks early; and WHEREAS, the damage estimates from the Virginia Cooperative Extension, the FSA, and local farmers indicate damage to 18 acres of peaches, 110 acres of apples, and 34 acres of vineyards due to said frost/freeze. NOW, THEREFORE, BE IT RESOLVED BYTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, that the County recognizes and declares that a frost/freeze disaster exists as a result of the cold temperatures on April 7 through 10, 2007, for the County of Roanoke in order to qualify for whatever financial assistance may be available to the local farmers through this or any similar designation; and BE IT FURTHER RESOLVED, that the Honorable Timothy M. Kaine, Governor of the Commonwealth of Virginia, is hereby petitioned by the County of Roanoke to request that the President of the United States or the United States Secretary of Agriculture recognize the County's emergency situation and make any Federal or State assistance programs available to those who need them in Roanoke County. ACTION NO. ITEM NO. r-_ ~ r : AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14,2007 AGENDA ITEM: Request to adopt a resolution requesting assistance from the Commonwealth of Virginia and the United States for drought assistance SUBMITTED BY: John M. Chambliss, Jr., Asst. County Administrator Jonathan Vest, Virginia Cooperative Extension Agent Elmer C. Hodge ck- JI~/ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: rfv~~ 11~~ SUMMARY OF INFORMATION: Over the past several months, Roanoke County has suffered with above normal temperatures and a significant deficit in rainfall creating drought conditions throughout the agriclultural areas of the County. This drought condition has caused serious and irreversible damage to crop production and pasture growth, both of which have been reduced by 50 to 60 percent from normal operation. In recognition of this serious drought condition and the financial losses that are being experienced by local farmers, the County desires and respectfully urges that the appropriate Federal and State agencies declare the County to be experiencing a drought disaster in order that whatever financial assistance available may be provided to them. STAFF RECOMMENDATION: Staff respectfully requests that the attached resolution declaring a drought disaster be approved and further that the Governor of the Commonwealth of Virginia and the President of the United States or the United States Secretary of Agriculture recognize the County's emergency situation and make any State or Federal assistance available to those who need it in Roanoke County. The staff of the Virginia Cooperative Extension office will be happy to assist those needing to apply for such assistance. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON AUGUST 14, 2007 RESOLUTION DECLARING A DROUGHT DISASTER FOR THE SUMMER OF 2007 WHEREAS, over the past several months, Roanoke County has suffered with above normal temperatures and a significant deficit in rainfall creating drought conditions throughout the agricultural areas of the County; and WHEREAS, this drought condition caused by extreme weather has caused serious and irreversible damage to crop production and pasture growth, both of which have been reduced by fifty to sixty percent from normal production; and WHEREAS, in recognition of this serious drought condition and financial losses that are being experienced by local farmers, the County desires and respectfully urges that the appropriate Federal and State agencies declare the County to be experiencing a drought disaster in order that whatever financial assistance available be provided to them. NOW, THEREFORE, BE IT RESOLVED BYTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY that a drought disaster exists in the County of Roanoke and respectfully requests that the appropriate Federal and State agencies recognize this condition and have Roanoke County declared a drought disaster area in order to qualify for whatever financial assistance that may be available to the local farmers through this or any similar designation; and BE IT FURTHER RESOLVED, that the Honorable Timothy M. Kaine, Governor of the Commonwealth of Virginia, is hereby petitioned by the County of Roanoke to request that the President of the United States or the United States Secretary of Agriculture recognize the County's emergency situation and make any Federal or State assistance programs available to those who need them in Roanoke County. 2 ACTION NO. ITEM NO. \=-9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 SUBMITTED BY: Request to adopt a resolution opposing the Public Safety Employer-Employee Cooperation Act of 2007 (HR. 980) Elmer C. Hodge ~ (-J+ County Administrator AGENDA ITEM: SUMMARY OF INFORMATION: The Public Safety Employer-Employee Cooperation Act of 2007 (HR. 980), passed last month by the U. S. House, would permit public safety workers in all 50 states to negotiate with the governments that employ them over pay, benefits, and working conditions. Police and firefighters unions in Virginia would gain collective-bargaining rights creating budget concerns among local governments. If the Senate approves the bill, it could have far- reaching consequences for Virginia, one of two states along with North Carolina that prohibit collective bargaining by public safety unions. It also could present government officials with escalating financial demands at a time when tax revenues have flattened. Virginia is a "right-to-work" state, and the federal legislation could force Virginia governments to negotiate with unions in an unprecedented way. The bill would give public safety officers the right to join a union; to have the union recognized by their employer; and to bargain collectively over hours, wages, and terms of employment. The measure would allow the parties to seek mediation to resolve their differences, but it would not permit the workers to strike or to force their employers into binding arbitration. Attached for the Board's consideration is a resolution opposing the Public Safety Employer- Employee Cooperation Act of 2007 (HR. 980). STAFF RECOMMENDATION: Staff recommends adopting the attached resolution opposing the Public Safety Employer- Employee Cooperation Act of 2007 (HR. 980). This resolution will be sent to our federal legislators. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 14, 2007 RESOLUTION OPPOSING THE ADOPTION OF HR 980, THE PUBLIC SAFETY EMPLOYER-EMPLOYEE COOPERATION ACT OF 2007, BY THE UNITED STATES SENATE WHEREAS, the House of Representatives recently passed HR 980, the Public Safety Employer-Employee Cooperation Act of 2007, and the Senate is expected to address this legislation; and WHEREAS, HR 980 would federalize state and local government labor- management relations by mandating federal collective bargaining rules for state and local police, firefighters and emergency medical service employees if they fail to meet certain standards dictated by the Federal Labor Relations Authority; and WHEREAS, the federal government should not undermine local government autonomy with respect to making fundamental employment decisions by mandating specific working conditions including collective bargaining; and WHEREAS, this legislation would mandate collective bargaining power for all police, fire, and emergency medical workers without regard to the Virginia constitution and laws; and it would establish a precedent for federal interference in all local government employer-employee relations. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1. That it urges Senators Warner and Webb, who are elected by the citizens of the Commonwealth of Virginia, to oppose HR 980, the Public Safety Employer- Employee Cooperation Act of 2007. Further Senators Warner and Webb should respect the long-standing principle of non-interference in employer-employee relations that has existed among the federal, state and local governments and vote to defeat this legislation. 2. That a copy of this resolution be sent to Senators Warner and Webb and Congressmen Goodlatte and Boucher, the Virginia Association of Counties, and the National Association of Counties. 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: August 14,2007 AGENDA ITEM: First reading of an ordinance authorizing the relocation of the Catawba voting precinct from the Catawba Fire Station to the Catawba Recreation Center at 4965 Catawba Creek Road. SUBMITTED BY: Judy Stokes General Registrar Elmer C. Hodge d~)J~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~V~/ SUMMARY OF INFORMATION: The Roanoke County Electoral Board desires to relocate the Catawba precinct from the Catawba Fire Station to the Catawba Recreation Center. Changes in polling places must be enacted at least sixty days prior to an election and the notice shall be mailed to all registered voters whose polling place is changed at least fifteen days prior to the next election. This new location will provide increased parking, temperature control for the voters and Election Officials, additional space for setting up the voting equipment, and additional space for the voters waiting to vote. FISCAL IMPACT: Funds in the amount of $787.50 to cover the cost of the legal notice, printing notices to voters, and postage to mail the notices and voter cards are available in the Elections Budget. STAFF RECOMMENDATION: Staff recommends that the Board adopt the proposed ordinance authorizing the relocation of the Catawba polling place (101) from the Catawba Fire Station to the Catawba Recreation Center. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, AUGUST 14,2007 ORDINANCE AUTHORIZING THE RELOCATION OF THE FOLLOWING POLLING PLACE PURSUANT TO SECTION 24.2-306, 24.2-307, AND 24.2-310 OF THE 1950 CODE OF VIRGINIA AS AMENDED: (1) CATAWBA POLLING PLACE (101) TO BE RELOCATED FROM THE CATAWBA FIRE STATION, 5585 CATAWBA HOSPITAL DRIVE, CATAWBA, VA 24070 TO CATAWBA RECREATION CENTER, 4965 CATAWBA CREEK ROAD, CATAWBA, VA 24070. WHEREAS, Sections 24.1-306, 24.2-307 and 24.2-310 of the 1950 Code of Virginia, as amended, authorize the governing body of each county to establish the polling place for each precinct in that jurisdiction by ordinance; and WHEREAS, the citizens of Roanoke County will be better served by the relocation of certain polling places to locations providing more space for voting equipment, increased lighting, more convenient parking, higher security for voting equipment, and easier accessibility for all voters; and WHEREAS, the first reading of this ordinance was held on August 14, 2007; and the second reading of this ordinance and public hearing were held on August 28, 2007. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the relocation of the following polling places be, and hereby IS approved as follows: Catawba Polling Place (101) to be relocated from the Catawba Fire Station, 5585 Catawba Hospital Drive, Catawba, VA 24070 to the Catawba Recreation Center, 4965 Catawba Creek Road, Catawba, VA 24070. 2. That the General Registrar for the County of Roanoke, Virginia, is hereby authorized to take all measures necessary to comply with Virginia law and regulations regarding a change in a polling precinct and for reasonable notification to the voters of the Catawba Precinct of this change in their polling location. 3. That the County Administrator and the General Registrar are hereby authorized and directed to take such others actions as may be necessary to accomplish the intent of this Ordinance. 4. That this Ordinance shall take effect immediately. 2 Catawba Fire Station ^ Existing Polling Site Catawba Fire Station Proposed Polling Site Catawba Recreation Center 4965 Catawba Creek Road Change in Polling Site Catawba Precinct - 101 SCALE: 1 inch equals 1,000 feet DATE: July 11, 2007 Roanoke County Department of Commumty Development 5204 Bernard Dnve Roanoke, VIrginia 24018 (540) 772-2065 ACTION NO. ITEM NO. G -;).. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 First reading of an ordinance approving a residential lease at the Roanoke County Center for Research and Technology. AGENDA ITEM: SUBMITTED BY: Anne Marie Green Director of General Services Elmer C. Hodge ~ 1/ ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ ar~ SUMMARY OF INFORMATION: The Roanoke County Board of Supervisors acquired four dwellings as part of the transaction for the property for the Center for Research and Technology (CRT). Three of the houses have been demolished; but the fourth house, a log cabin in very good condition, has been rented out until recently when the tenant purchased a house. The cabin is located on Glenvar Heights Boulevard, at the far southeast corner of the property, and the area behind it provides access to the CRT site in case of emergency. Staff believes the presence of a tenant in the log cabin increases the security at the back entrance to the CRT property. The cabin was advertised for rent to County employees through email. Staff interviewed all prospective tenants who completed applications, and made a decision to offer the cabin to one applicant based on a variety of factors, including rental and employment history, and ability to maintain the surrounding grounds. The name of the applicant will be filled in on the ordinance for the second reading. In order to maintain upkeep at the cabin, the rental income in the past has been placed in a special fund. This has worked well, and the fund was recently used to prepare the house for new occupants. Because the well may have to be replaced in the near future and a connection made to County sewer, Staff recommends that this funding mechanism be continued. FISCAL IMPACT: The cabin will rent for $700.00 per month, or $8,400 per year. This money will replenish the maintenance account for the facility and provide for future needs. STAFF RECOMMENDATION: Staff recommends that the Board approve this first reading of the ordinance and place this item for second reading at the August 28,2007, meeting of the Board of Supervisors. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 14, 2007 ORDINANCE APPROVING THE RESIDENTIAL LEASE TO OF THE LOG CABIN LYING GENERALLY IN THE SOUTHEAST CORNER OF THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY PROPERTY (TAX MAP NO. 54.00-1-2) IN THE CATAWBA MAGISTERIAL DISTRICT OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, the Board of Supervisors of Roanoke County is the owner of a tract of land containing 457.60 acres, being located in the Catawba Magisterial District and designated on the Roanoke County Land Records as Tax Map No.54.00-1-2, which is being developed for economic development purposes as the Roanoke County Center for Research and Technology; and WHEREAS, by Ordinance 031098-7, the Board of Supervisors authorized the continued rental of the three residences on the property until such time as construction would begin and require termination; and WHEREAS, the leases for 5365 Glenmary Drive and 5393 Glenmary Drive were terminated by the County, effective November 1, 1999, to permit commencement of construction; and WHEREAS, the log cabin at 4958 Glenvar Heights Boulevard had been rented until recently; and WHEREAS, it would serve the public interest for the County to have the log cabin occupied and maintained until such time as all or portions thereof may be needed for economic development purposes; and WHEREAS, on December 2, 1997, the Board authorized the creation of a self balancing account entitled Glenn Mary Capital Account for acceptance of rent payments and expenditure of the funds on maintenance of the property; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on August 14, 2007; and the second reading was held on August 28, 2007. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator or his designee is hereby authorized to execute a lease agreement with for the log cabin residence having the address of 4958 Glenvar Heights Boulevard, from September 28,2007, to September 27, 2008, thereafter continuing on a month to month basis, for a monthly rental of $700.00 to be paid into the Glenn Mary Capital Account. 2. That the County Administrator or his designee is authorized to execute said lease agreement on behalf of the Board of Supervisors of the County of Roanoke and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. 2 ACTION NO. ITEM NO. (;---3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 AGENDA ITEM: First reading of an ordinance authorizing the vacation of a right-of-way designated as Wentworth Road, as shown on the Plat of City View Heights Add., Section No.3, Windsor Hills Magisterial District SUBMITTED BY: Tarek Moneir Deputy Director of Community Development Elmer C. Hodge [CH County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Mr. David B. Bullington, Esq. of the Bullington Firm, a professional corporation of Roanoke County, has requested the vacation of the remaining 640 feet in length with 40 feet in width of Wentworth Road right-of-way (ROW). Wentworth Road is a paper street, never developed or accepted into the secondary street system. Wentworth Road ROW was platted as part of City View Heights Addition Section 3. The same road was re-platted as part of Sugar Loaf East subdivision and recorded in Plat Book 7, page 20. In 1974, Roanoke County Board of Supervisors approved the vacation of the most eastern portion (approximately 740 feet) of Wentworth Road. In 1993 and 1996, there were attempts to vacate the remaining portion of Wentworth Road; however, there was no support from the neighbors to vacate the road. In September 2006, the Board of Supervisors approved a rezoning by R Fralin Development Corporation of the property located at the southeast corner of Wentworth and Route 419 from R-1 to C-1 to construct two office buildings at such corner. This development proposed using the vacated Wentworth Road property as access for this new development. County departments and local utility companies were contacted concerning the vacation. Appalachian Power Company and Verizon Wireless requested to retain a public utilities easement for future use. Mr. Bullington submitted a request to vacate the subject ROW proceeding under Virginia Code ~ 15.2-2272(2), which does not require agreement of adjoining lot owners. When Roanoke County vacates a ROW, the property is divided evenly and combined with the abutting properties, as provided in section 15.2-2274 of the Code of Virginia. Three adjoining property owners (Kraiges, Simmons, and Plasters) object to the vacation and to the ownership of one-half of the vacated portion of the land. Mr. Bullington, the petitioner, indicated that he is willing to establish a 20-foot wide access easement dedicated to the use as access by the neighbors, leaving the question of splitting the ROW among the adjoining owners open for discussion. FISCAL IMPACT: None. The cost and expenses (survey and recordation costs) associated with this vacation shall be the responsibilities of the petitioner. ALTERNATIVES: 1. Deny the request as submitted due to the objections of the affected property owners. 2. Approve the first reading of the proposed ordinance authorizing the vacation of the ROW subject to: a. The petitioner reaching agreements with the objecting parties prior to the public hearing; and, b. Retaining a public utility easement of at least 15 feet along the center of current road. 3. Vacate only 275 feet portion of the road closest to Route 419 and dedicate it to petitioner. In addition, as a condition of vacating the road, the petitioner shall designate 20 feet along the entire vacated portion of the road as an access easement for the benefit of the property owners east of the aforementioned vacated portion. STAFF RECOMMENDATION: Staff recommends alternative 2 or alternative 3. It this recommendation is not acceptable to the parties, we recommend that the Board proceed with the scheduled public hearing and second reading of this ordinance; buttake no action and refer this item to the Planning Commission for further discussion. Recommendations from the Planning Commission will be brought back to the Board for final action at future meeting. 2 G--3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 14, 2007 ORDINANCE AUTHORIZING THE VACATION OF A RIGHT-OF-WAY DESIGNATED AS WENTWORTH ROAD AS SHOWN ON THE PLAT OF CITY VIEW HEIGHTS ADD., SECTION NO.3, RECORDED IN PLAT BOOK 3, PAGE 82, IN THE ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE, SAID RIGHT-OF-WAY LOCATED IN THE WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, the City View Heights Addition, Section No.3, plat recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 82, ("the City View Heights Add. Plat") established a street designated as Wentworth Road, forty feet (40') in width, separating Section NO.3 and NO.4 of City View Heights, and connecting Salem Cave Spring Road (Route 119, currently 419) with undeveloped property of Dr. Steele; and WHEREAS, the area previously designated as Section NO.4 of City View Heights was resubdivided as Sugar Loaf East Subdivision, Section 1, in Plat Book 7, page 20, which plat identifies Wentworth Road as abutting the rear of Lots 5 and 6, Block 1, Section 1 of Sugar Loaf East Subdivision, which lots have frontage on Woodley Drive; and WHEREAS, the area designated and set aside for public use as Wentworth Road on the City View Heights Add. plat has never been improved or accepted into the Virginia State Secondary Road System; and WHEREAS, a portion of Wentworth Road beginning at a point approximately six hundred forty (640) feet east from the intersection with State Route 419, at a point at the common boundary of Lots 6 and 7 of Sugar Loaf East Subdivision of the south side and the middle of Lot 10 of City View Heights on the north side of Wentworth Road, and continuing east a distance of six hundred fifty eight (658) feet, more or less, to the end of said road as designated in Plat Book 3, page 82, has previously been vacated by action of the Roanoke County Board of Supervisors by ordinance adopted December 16,1974, and recorded in Deed Book 1013, page 188; and WHEREAS, Wentworth Office Partners, LLC ("Wentworth") and Burgeon Enterprises LLC ("Burgeon"), the owners of parcels on the north and south sides of Wentworth Road at its intersection with State Route 419, said parcels extending approximately three hundred feet (300') along the southern edge of Wentworth Road and one hundred sixteen feet (116') along the northern edge of Wentworth Road, respectively, have requested the vacation of this remaining unimproved portion of this forty foot (40') right-of-way so as to permit these property owners to make improvements to their properties; and WHEREAS, the above-described street or road is more clearly indicated as the cross-hatched area on the map named "R.O.W. Vacation Wentworth Road, dated August 14, 2007, prepared by Roanoke County Department of Community Development and attached hereto as Exhibit "A"; and WHEREAS, no other property owner will be adversely 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, these adjoining property owners, as the Petitioners, have requested that, pursuant to S15.2-2272 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate the remaining right-of-way, designated as 2 "Wentworth Road" on the plat of the City View Heights Addition, Section No.3, Plat Book 3, page 82, 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 ~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: 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 August 14, 2007, and a second reading and public hearing of this ordinance was held on August 28, 2007. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (Wentworth Road, a street 40 feet in width and approximately 640 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, Wentworth Road, 40 feet in width and approximately 640 feet in length, being designated and shown as the cross-hatched area on Exhibit "A" attached hereto, said street being located between the intersection with State Route 419 and a point at the common boundary of Lots 6 and 7 of Sugar Loaf East Subdivision on the south side and the middle of Lot 10 of City View Heights on the north side of Wentworth Road, and having been dedicated on the subdivision plat of City View Heights Add., Section NO.3 and recorded in the aforesaid Clerk's Office in Plat Book 3, page 82, in the Windsor Hills 3 Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to S15.2-2272 of the Code of Virginia, 1950, 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. 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 S15.2-2272 of the Code of Virginia (1950, as amended). 4 v 0 .1, \ \ ~D.~ ~ c 2:'-~ .....::s .,. ,_ ~ 0 $0 \ '." ~ !5 'Ec ":" \ ~ E E 2'::': \ J 1~~~~ I ~~6~::' 0 0 0 I ~:;:l!- "- I ~ ~ "-- I ~ "- "- "- 0 1 "- 1 "- , \ \ D 1 0 \ \ \ Q \ U D 10 \ ii \ "-0 0 0 ...... " (]) \ ~ "- \ 0 "- 0 "- \ "- cD \ 0 "- 0 ~ N "- 0 "- ~ \ 0 \ ro I ;:l \ <0 0- \ 0 (]) 0 \ N .!: I ov 0 [S 9 u \ .~ \ \ T'-i \ ~ I 0 ~ \ 0 \ Ii: ro \ Q ~ u , 0 U'l z\ <(0 ...J\ ~\ +"" .- :::>\ ..c COI .- Z\ 0 ..c c(\ >< co' 0 1 W I \ \ I 0 U \ \ D ... ... C:J ..... 0 ..... ..... ..... "- 0 o o <:( o ~ I h2 ~ f- Z UJ 5 z o t--t ~ U <:( > ~ d ~ r-... o o N ~' T'-i O'l ;:l <( (]) ...... ru o ACTION NO. ITEM NO. G--~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14,2007 First reading of an ordinance authorizing the vacation of an unimproved right-of-way shown as Nelms Lane identified on the Map No. 1 of Woodbury Gardens located in the Hollins Magisterial District. AGENDA ITEM: SUBMITTED BY: Arnold Covey Director of Community Development Elmer C. Hodge E 14 County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Ashley L. West and Willie F. Reese Jr. both residents of the City of Roanoke and Cheryl D. Nicely and Tammy L. Pentecost both residents of Roanoke County have requested the vacation of right-of-way shown as Nelms Lane (Rte. 840) on the Map NO.1 of Woodbury Gardens that was dedicated by the plat of record in Plat Book 3, Page 114 and Plat of Hearthstone Addition that was dedicated by the plat of record in Plat Book 3, Page 145 to the Board of Supervisors of Roanoke County. The right-of-way is located between Hearthstone Road (Rte. 1829) and Woodbury Street (Rte. 898) adjacent to the four parcels owned by the said petitioners. The portion of Nelms Lane that is proposed to be vacated is a "paper street", and it has not been improved. The petitioners desire to use their portion of the aforementioned right-of-away for improvements to their property. Once this right-of-way is vacated, the property will be divided evenly and combined with the abutting properties, as provided in Section 15.2-2274 of the 1950 Code of Virginia. 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 Western Virginia Water Authority requested to retain a public utility easement for their utilities present in the existing right-of-way. Other utility companies contacted had no objection to the paper street being vacated. Pertinent information shown on Exhibit "A" and attached hereto and titled "PORTION OF NELMS LANE - TO BE VACATED BY BOARD OF SUPERVISORS ROANOKE COUNTY, VIRGINIA". FISCAL IMPACT: The cost and expenses associated with this action, 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 the right-of-way and retaining 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: Adoption of the proposed ordinance as written and attached. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 14, 2007 ORDINANCE AUTHORIZING THE VACATION OF AN UNIMPROVED RIGHT-OF-WAY SHOWN AS NELMS LANE ON MAP NO. 1 OF WOODBURY GARDENS IN PLAT BOOK 3, PAGE 114 AND PLAT OF HEARTHSTONE ADDITION IN PLAT BOOK 3, PAGE 145, OF THE ROANOKE COUNTY CIRCUIT COURT CLERK'S OFFICE, SAID RIGHT- OF WAY LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, Map NO.1 of Woodbury Gardens subdivision recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 114, established a street designated as Nelms Lane of variable width and connecting Woodbury Street (Rt. 898) with Heathstone Road (Rt. 1829), located between Lot 20 (Map of Airlee Court Annex, Plat Book 2, page 103) and Lot 1 and part of Lot 2, Block 2 (Map NO.1 of Woodbury Gardens) for a portion of its length; and WHEREAS, Plat of Heathstone Addition recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 145, established a street designated as Nelms Lane of variable width connecting Woodbury Street (Rt. 898) with Heathstone Road (Rt. 1829), located between Lot 1, Block 2 (Plat of Airlee Gardens, Roanoke City Map Book 1, page 18) and Lot 3, Block 2 (Plat of Hearthstone Addition) for a portion of its length; and WHEREAS, the area designated and set aside for public use as Nelms Lane on Map No. 1 of Woodbury Gardens and the Plat of Heathstone Addition has never been improved or accepted into the Virginia State Secondary Road System; and WHEREAS, the property owners of Lot 20 (Map of Airlee Court Annex), and Lot 1 and part of Lot 2, Block 2 (Map of Woodbury Gardens), and Lot 1, Block 2 (Plat of Airlee Gardens) and Lot 3, Block 2 (Plat of Hearthstone Addition) adjoining the unimproved section of Nelms Lane, extending approximately three hundred (300) feet from the southern edge of Woodbury Street to Hearthstone Road, have requested the vacation of this unimproved portion of the variable width right-of-way so as to permit these property owners to make improvements to their residential properties; and WHEREAS, Appalachian Power Company and the Western Virginia Water Authority have requested that a public utility easement be retained for their utilities presently occupying the existing right-of-way; and WHEREAS, the above described street or road is more clearly indicated as "Portion of Nelms Lane To Be Vacated and Reserved as a 20' Public Utility Easement" on "PLAT SHOWING PORTION OF NELMS LANE - TO BE VACATED BY BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA", dated July 5, 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 Nelms Lane 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 and Roanoke City, 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 "Nelms Lane" on the plat of the Woodbury Gardens, Plat Book 3, page 114 and the plat of Hearthstone Addition, Plat book 3, page 145, as now shown on the attached Exhibit "A"; and 2 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 ofthe Code of Virginia (1950, as amended); and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 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 August 14,2007, and a second reading and public hearing of this ordinance was held on August 28,2007. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (Nelms Lane, a variable width street and approximately 300 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, Nelms Lane, being designated and shown as "Portion of Nelms Lane To Be Vacated and Reserved as a 20' Public Utility Easement" on Exhibit "A" attached hereto, said street being located between Lot 1, Block 2 (MB 1, page 18), Lot 3, Block 2 (PB 3, page 145), Lot 20 (PB 3, page 103) and Lot 1 and part of Lot 2, Block 2 (PB 3, page 114), 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,1950, as amended. 3 4. That a twenty foot (20') public utility easement is accepted, reserved and maintained for public purposes in the area previously designated as "Nelms Lane" as shown on Exhibit "A" attached hereto. 5. That all costs and expenses associated herewith, including but not limited to publication, survey, and recordation costs, shall be the responsibility of the Petitioners. 6. 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. 7. 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 PLAT REPRESENT A COMPOSITE OF DEEDS, PLA TS, AND CALCULA TED INFORMA TlON AND DO NOT REFLECT AN ACCURA TE BOUNDARY SURVEY. HEARTHSTONE o o D 64.05 _ . . . . . . . . . . . . . . . .J · .. · · · .. · · · · .. · · . · · · · .. · · . · · d ". ..portion Of Nelms Lane To Be Vacated An ~ Reserved as a Public Utility Easement .1 I. _ . . . . . . . . . . . . . .. ........................ - J ~~f ~; . .-.r RD. I o~ ~ . "'~\.~~\:' I~~ ~. 20.00' (0', RT. 1829 o 5237 G ~ --..J -Po TAX I 2190223 WILLIE F. JR. &: RUTH loA. REESE LOT 1 0.2685 /\C. M.B. 1 PG. 18 U ~ --..J -Po o 78.95 110.45 I t I D TAX I 3B.14t-01-24.00 CHERYl D. INICELY &: KIIoABERLEY' J. PITTS LOT 1 & PT L T 2 0.473 . PB. 3 P. 1 14 TAX I 2190222 ASHLEY L. WEST LOT 20 0.2685 Ac. (") PB. 2 PG. 103 Zi o I 5304 5232 105.56 . . {)- WOODBURY STREET TAX MAP NO. 38. 14 LEGEND ROAD TO BE VACATED & RESERVED p.s A 20' P.U.E. RT. 898 -r EXHIBIT "A" o I PlAT SHOWING PORTION OF NELMS LANE - TO BE VACATED BY BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA PREPARED BY: ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 5309 ~ cD ~ 0 OJ I\.) --..J OJ I SCALE: o 78.95 [ 78.95 78.03 G 78 1"== 50' DA TE: 7-12-2007 ACTION NO. ITEM G--5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 First reading of an ordinance to amend the Roanoke County zoning ordinance to allow public parks and recreational areas as by right uses in the 1-1 Industrial District and the 1-2 Industrial District AGENDA ITEM: SUBMITTED BY: Philip Thompson Deputy Director of Planning Elmer Hodge ~ /f.rx:Cl~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The Roanoke County Zoning Ordinance allows public parks and recreational areas as a by right use in all zoning districts (agricultural, residential, commercial, and the Planned Technology Development districts) except for the 1-1 Industrial and 1-2 Industrial zoning districts. The County has developed a Master Plan for Park and Recreation Facilities which was recently approved by the Board of Supervisors. The Master Plan identifies the need for more indoor and outdoor parks and recreation facilities in the County including continued development of greenways and trails as well as a multi-generational recreation center. By amending the zoning ordinance, it would increase the flexibility the County would have in locating new public parks and recreational facilities. On June 26, 2007, the Board of Supervisors adopted a resolution initiating an amendment to the Zoning Ordinance to allow public parks and recreational areas as a by-right use in the 1-1 Industrial and 1-2 Industrial districts. The Planning Commission held a public hearing on the proposed amendment on August 7, 2007, and recommended approval of the proposed amendment. The second reading and public hearing of the proposed amendment will be held on August 28, 2007. FISCAL IMPACT: None. AL TERNA TIVES: 1. Approve first reading of a zoning ordinance amendment to allow public parks and recreational areas as by right uses in the 1-1 Industrial District and the 1-2 Industrial District. 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends Alternative #1 . 2 SEe. 30-61. 1-1 INDUSTRIAL DISTRICT. Sec. 30-61-1. Purpose. (A) The purpose of the I-I, industrial district is to provide areas within the urban service area which are suitable for less intensive industrial activities. These areas are primarily designated based on the suitability of the land in terms of slope and freedom from flooding, as well as the availability of adequate sewer and water capacity, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system. This district generally coincides with the recommendations for the principal industrial land use category contained in the community plan, and particularly those areas unsuitable for more intensive or potentially hazardous industrial uses. Distributing these areas around the county in a planned manner to create employment centers within close proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged. Since land with suitable characteristics for less intensive industrial development is limited in the county, a high degree of protection is promoted where industrial development is located adjacent to existing or future residential areas. The conversion and/or redevelopment of existing non- conforming uses in this district which are unrelated to industrial needs is also encouraged. (Ord. No. 042799-11, S 1 f., 4-27-99) Sec. 30-61-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*') indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. I. Agricultural and Forestry Uses Agriculture 2. Civic Uses Day Care Center * Park and Ride Facility Post Office Public Maintenance and Service Facilities Public Parks and RecreationalAreas * Safety Services Utility Services, Minor Utility Services, Major *' 3. Office Uses Financial Institutions >I< General Office Laboratories 4. Commercial Uses 1 Automobile Repair Services, Major * Business Support Services Business or Trade Schools Equipment Sales and Rental * Laundry 5. Industrial Uses Custom Manufacturing * Industry, Type I Landfill, Rubble * Recycling Centers and Stations * Transportation Terminal Truck Terminal Warehousing and Distribution 6. Miscellaneous Uses Amateur Radio Tower * Parking Facilities * (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Commercial Uses Commercial Indoor Sports and Recreation Mini-warehouse * Surplus Sales Truck Stop * 2. Industrial Uses Com posting * Resource Extraction * Transfer Station * 3. Miscellaneous Uses Aviation Facilities, Private * Broadcasting Tower * Outdoor Gatherings * (Ord. No. 82493-8, ~ 2,8-24-93; Ord. No. 042297, ~ 1,4-22-97; Ord. No. 042799-11, S 2,4-27- 99) Sec. 30-61-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. 2 (A)Minimum lot requirements. I. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B)Minimum setback requirements. I. Front yard: 30 feet, or 20 feet when all parking is located behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: behind front building line and 3 feet from side line. 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C)Maximum height of structures. I. Height limitations: a. All structures: When adjoining property zoned Residential, 45 feet, including rooftop mechanical equipment. The maximum height may be increased provided each required yard (side, rear, or buffer yard) adjoining a Residential district is increased two feet for each foot in height over 45 feet. This distance shall be measured from the portion of the structure which exceeds 45 feet. In all other locations the height is unlimited. (D)Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 42694-12, S 9,4-26-94) SEe. 30-62. 1-2 INDUSTRIAL DISTRICT. Sec. 30-62-1. Purpose. (A) The purpose of the 1-2, industrial district is to provide areas within the urban service area which contain existing more intensive industrial uses or are suitable for such activities. These areas coincide with the principal industrial land use category contained in the community plan and are designated based on the suitability of the land in terms of slope and freedom from flooding and the relative remoteness and absence of substantial residential development which could be adversely affected by such development. In addition, the availability of adequate sewer and water capacity, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system are major considerations. Distributing these areas around the county in a planned manner to create employment centers within close proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged. 3 (Ord. No. 042799-11, S 1 f., 4-27-99) Sec. 30-62-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture 2. Civic Uses Day Care Center * Park and Ride Facility Post Office Public Maintenance and Service Facilities Public Parks and Recreational Areas * Safety Services Utility Services, Minor Utility Services, Major * 3. Office Uses Financial Institutions * General Office Laboratories 4. Commercial Uses Automobile Repair Services, Major * Business Support Services Business or Trade Schools Equipment Sales and Rental >I< Laundry 5. Industrial Uses Construction Yards * Custom Manufacturing * Industry, Type I and Type II Landfill, Rubble * Meat Packing and Related Industries Railroad Facilities Recycling Centers and Stations * Scrap and Salvage Services * Transfer Station * Transportation Terminal Truck Terminal Warehousing and Distribution 4 6. Miscellaneous Uses Amateur Radio Tower * Parking Facilities * (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. I. Commercial Uses Commercial Indoor Sports and Recreation Mini-warehouse * Surplus Sales Truck Stop * 2. Industrial Uses Asphalt Plant * Composting * Industry, Type III * Resource Extraction * 3. Miscellaneous Uses A viation Facilities, Private * Broadcasting Tower * Outdoor Gatherings * (Ord. No. 82493-8, S 2, 8-24-93; Ord. No. 042297-14, S 1,4-22-97; Ord. No. 042799-11, S 2,4- 27-99) Sec. 30-62-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A)Minimum lot requirements. I. Lots served by private well and sewage disposal system; a. Area: I acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 20,000 square feet. b. Frontage: 100 feet on a publicly owned and maintained street. (B)Minimum setback requirements. I. Front yard: 30 feet, or 20 feet when all parking is located behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: behind front building line and 3 feet from side line. 5 3. Rear yard: a. Principal structures: 15 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C)Maximum height of structures. 1. Height limitations: a. All structures: When adjoining property zoned Residential, 75 feet, including rooftop mechanical equipment. The maximum height may be increased provided each required yard (side, rear, or buffer yard) adjoining a Residential district is increased two feet for each foot in height over 75 feet. This distance shall be measured from the portion of the structure which exceeds 75 feet. In all other locations the height is unlimited. (D)Maximum coverage. I. Building coverage: 75 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 42694-12, S 9, 4-26-94) 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 14, 2007 ORDINANCE AMENDING THE ROANOKE COUNTY ZONING ORDINANCE, SECTIONS 30-61-2 AND 30-62-2, 1-1 INDUSTRIAL DISTRICT AND 1-2 INDUSTRIAL DISTRICT, TO INCLUDE PUBLIC PARKS AND RECREATIONAL AREAS AS A PERMITTED USE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 30-61-2 and 30-62-2 of the Roanoke County Zoning Ordinance be amended to read and provide as follows: Sec. 30-61-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. * * * * 2. Civic Uses Day Care Center * Park and Ride Facilities Post Office Public Maintenance and Service Facilities Public Parks and Recreational Areas* Safety Service Utility Services, Minor* Utility Services, Major* * * * * Sec. 30-62-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. * * * * 2. Civic Uses Day Care Center * Park and Ride Facilities Post Office Public Maintenance and Service Facilities Public Parks and Recrea.1ional Areas* Safety Service Utility Services, Minor* Utility Services, Major* * * * * 2. That this ordinance shall be in full force and effect from and after its passage. 2 ACTION NO. ITEM G ~ 1..9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 AGENDA ITEM: First reading of an ordinance to amend the Roanoke County zoning ordinance to update the County's floodplain ordinance SUBMITTED BY: Philip Thompson Deputy Director of Planning Elmer Hodge ~ ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: As part of the Federal Emergency Management Agency's (FEMA) map modernization process, the County entered into an agreement with FEMA to update its floodplain ordinance once a flood insurance study (FIS) and flood insurance rate map (FIRM) were completed. The study and map have been completed. As part of the process, the County's floodplain ordinance was also reviewed by the National Flood Insurance Program (NFIP) state coordinator and certain changes were recommended. In June, the County received a letter (attached) from FEMA stating that the floodplain ordinance had to be amended by September 28, 2007. The proposed amendment to the Floodplain Overlay (FO) District changes the date of the Flood Insurance Study to September 28, 2007, and adds a special floodplain designation to the overlay district. The Planning Commission held a public hearing on the proposed amendment on August 7, 2007, and recommended approval of the proposed amendment. The second reading and public hearing of the proposed amendment will be held on August 28,2007. FISCAL IMPACT: None. ALTERNATIVES: 1. Approve first reading of a zoning ordinance amendment to update the County's floodplain ordinance. 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends Alternative #1. 2 .~ u.s. Department of Homeland Security 500 C Street, SW Washington, DC 20472 FEMA CER TIFIED MAIL RETURN RECEIPT REQUESTED JUN 2 2 2007 Elmer C. Hodge County Administrator, Roanoke County Post Office Box 29800 Roanoke, Virginia 24018 Dear Mr. Hodge: I commend you for the efforts that have been put forth in implementing the floodplain management measures for Roanoke County, Virginia, to participate in the National Flood Insurance Program (NFIP). As you implement these measures, I want to emphasize the following: a Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) have been completed for your community; the FIS and FIRM will become effective on September 28, 2007; and by the FIS and FIRM effective date, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) Regional Office is required. to approve the legally enforceable floodplain management measures your community adopts in accordance with 44 Code of Federal Regulations Section 60.3(d). As noted in FEMA's letter dated. March 28,2007, no significant changes have been made to the flood hazard data on the Preliminary and/or revised Preliminary copies of the FIRM for Roanoke County. Therefore, Roanoke County should use the Preliminary and/or revised Preliminary copies of the FIRM as the basis for adopting the required floodplain management measures. Final printed copies of the FIRM for Roanoke County will be sent to you within the next few months. If you encounter difficulties in enacting the measures, I recommend you contact the Virginia Department of Conservation and Recreation. You may contact Bill Browning, the NFIP State Coordinator, by telephone at (804) 786-3914, in writing at 203 Governor Street, Suite 206, Richmond, Virginia 23219, or by electronic mail at bill.browning@dcLvirginia.gov. The FEMA Regional staff in Philadelphia, Pennsylvania, is also available to provide technical assistance and guidance in the development of floodplain management measures. The adoption of compliant floodplain management measures will provide protection for Roanoke County and will ensure its participation in the NFIP. The Regional Office may be contacted by telephone at (215) 93 I -5608 or in writing. Please send your written inquiries to the Director, Federal Insurance and Mitigation Division, FEMA Region III, at 615 Chestnut Street, One Independence Mall, 6th Floor, Philadelphia, Pennsylvania 19106. www.ferna.gov Elmer C. HodlSe JUN 2 t 2007 Page 2 You may have already contacted the NFIP State Coordinator and/or the FE1viA Regional Office, and may be in the final adoption process or r~cent1y adopted the appropriate measures. However, in the event your conunnnity has not adopted the appropriate measures, this letter is FEMA's official notification that you only have until September 28,2007, to adopt and/or submit a floodplain management ordinance that meets or exceeds the minimum NFIP requirements, and request approval from the FEMA Regional Office by the effective date. Your community's adopted measures will be reviewed upon receipt and the FEMA Regional Office will notify you when the measures are approved. I appreciate your cooperation to ensure that your conununity's floodplain management measures are approved by the FEMA Regional OffIce by the FIRM effective date. Your compliance with these mandatory program requirements will enable your community to avoid suspension from the NFIP. Sincerely, 4)~.j. M~ David I. Maurstad Assistant Administrator Mitigation cc: Jonathan Sarubbi, Regional Director, FEMA Region III Bill Browning, NFIP State Coordinator, Virginia Department of Conservation and Recreation Georgia Simpson, P.E., Assistant director ofConununity Development) Roanoke County Section 30-74 FO Floodplain Overlay District - 1st Revision - 070907 SEC. 30-74. FO FLOODPLAIN OVERLAY DISTRICT. Sec. 30-74-1. Purpose. (A) The purpose of these floodplain provisions is to prevent the following hazards: 1. The loss of life and property; 2. The creation of health and safety hazards; 3. The disruption of commerce and governmental services; 4. The extraordinary and unnecessary expenditure of public funds for flood protection and relief; and, 5. The impairment of the tax base. (8) These provisions are designed to accomplish the above purposes by: 1. Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies; 2. Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding; 3. Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage; 4. Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. Sec. 30-74-2. Applicability and Administration. (A) These provisions shall apply to all lands within the jurisdiction of Roanoke County and identified as being within a floodplain, as stipulated in this section. (8) These provisions shall supersede any regulations currently in effect in floodplain areas. Where conflict exists between these provisions and those of any underlying zoning district, the more restrictive provisions shall apply. (C) In the event any provision concerning a floodplain area is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying zoning district provisions shall remain applicable. Sec. 30-74-3. Compliance. (A) No land shall hereafter be developed and no structure shall be located, relocated, constructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this section and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this section. Sec. 30-74-4. Delineation of Areas. (A) The various floodplain areas shall include areas subject to inundation by waters of the 1 DO-year flood. The primary basis for the delineation of these areas shall be the Flood Insurance Study for Roanoke County prepared by the Federal Emergency Management Agency, dated February 1, 2005 Seiiternber 28, 2007, as amended. These areas are more specifically defined as follows: 1. The Floodway is delineated for purposes of this section using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 1 DO-year flood without increasing the water surface elevation of that flood more than one foot at any point. These Floodways are specifically defined in Table 4 of the above referenced Flood Insurance Study and shown on the Flood Insurance Rate Map accompanying that study. Section 30-74 FO Floodplain Overlay District - 1 st Revision - 070907 2. The Flood-Fringe shall be that area of the 100-year floodplain not included in the Floodway. The basis for the outermost boundary of the Flood-Fringe shall be the 100- year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study and as shown on the Flood Insurance Rate Map accompanying the study. 3. The Special F/oodplai".shal1lJethoseareasldentified asan,AEZone .onthe maps accompanying the .. f/?o~ln~tlrance Sttlc:lY lO,...."'YtJ;~h one, hundt~d. {1f!Ohyear flood, elevations have been'" provided but. forwhicl1no f1oodwa}1' has . been delineated. d-:- 4. The Approximated Floodplain shall be those floodplain areas shown on the flood insurance rate map for which no detailed flood profiles or elevations are provided, and all other floodplain areas where the drainage area is greater than 100 acres. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data such the U.S. Army Corps of Engineers, Floodplain Information Reports, U.S. Geological Survey Flood Prone Quadrangles, etc., then the applicant for the proposed use, development andlor activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Calculations for the design flood shall be related to existing land use and potential development under existing zoning. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the director of community development. (Ord. No. 92893-18, 9 1, 9-28-93; Ord. No. 42694-12, 9 10, 4-26-94; Ord. No. 92695-18, ~ 1, 9-26-95; Ord. No. 042799-11, 91c., 4-27-99; Ord. No. 012505-4, 9 1, 1-25-05) Sec. 30-74-5. Creation of Overlay. (A) The floodplain areas described above shall be an overlay to the existing underlying zoning districts as shown on the Official Zoning Map, and as such, the provisions for the floodplain areas shall serve as a supplement to the underlying zoning district provisions. (8) The boundaries of the floodplain areas are established as shown on the Flood Insurance Rate Map which is declared to be part of this chapter and which shall be kept on file in the office of the administrator. (Ord. No. 92893-18, 9 1, 9-28-93) Sec. 30-74-6. Floodplain Boundary Changes and Interpretation. (A) The delineation of any of the floodplain areas may be revised by the board of supervisors where natural or manmade changes have occurred and/or made detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. (8) Initial interpretations of the boundaries of the floodplain areas shall be made by the administrator. Should a dispute arise concerning the boundaries of any of the floodplain areas, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the floodplain area boundary shall be given an opportunity to present his case to the board of zoning appeals and to submit technical evidence. Procedures for such appeals shall be as outlined in Section30-24 of this ordinance. Sec. 30-74-7. Floodplain Area Provisions, Generally. 2 Section 30-74 FO Floodplain Overlay District - 1st Revision - 070907 (A) All uses, activities, and development occurring within any floodplain area shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this section and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code and the Roanoke County Subdivision Ordinance. Prior to the issuance of any such permit, the administrator shall require all applications to include compliance with all applicable state and federal laws. (B) Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways or any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any channels or floodways of any watercourse, stream, etc., within Roanoke County, approval shall be obtained from the Virginia Department of Environmental Quality, Division of Water. Further, notification of the proposal shall be given to all affected adjacent jurisdictions. Copies of such notification shall be forwarded to the Virginia Department of Environmental Quality, Division of Water, the State Department of Intergovernmental Affairs, and the Federal Insurance Administration. (C) The lowest floor elevation of any new residential structure constructed within a floodplain area shall be at least two (2) feet above base flood elevation. The lowest floor elevation of any new non-residential structure constructed within a floodplain area shall be at least one (1) foot above base flood elevation, unless such structure is floodproofed. In addition, no existing structure shall be modified, expanded or enlarged unless the new construction complies with this standard. (D) All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information: 1. For structures to be elevated, the elevation of the lowest floor (including basement). 2. For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed. 3. The elevation of the one hundred-year flood. 4. Topographic information showing existing and proposed ground elevations. (E) For all new subdivisions which adjoin or include floodplain areas identified in the flood insurance study, the base flood elevation shall be shown on the final record plat. (F) All recreational vehicles located in a FEMA designated floodplain shall either: 1. Be on site for fewer than one hundred eighty (180) consecutive days, be fully licensed and inspected, and ready for highway use; or 2. Meet the minimum requirements for placement and the elevation and anchoring requirements for manufactured homes as contained in the Virginia Uniform Statewide Building Code. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only be quick disconnect type utilities and security devices, and has no permanently attached additions. (Ord. No. 42694-12, ~ 11, 4-26-94; Ord. No. 92695, ~ 1, 9-26-95) Sec. 30-74-8. Floodway Development Regulations. (A) In the floodway no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate authorities as required above. (B) The placement of any manufactured home, except in an existing manufactured home park within the floodway is specifically prohibited. (C) In the f1oodway, the following uses, types and activities are permitted provided that (1) they are in compliance with the provisions of the underlying zoning district, (2) are not 3 Section 30-74 FO Floodplain Overlay District - 1st Revision - 070907 prohibited by any other ordinance and (3) no specific land use requires any type of structure, fill, or storage of materials and equipment: 1. Agricultural 2. Public Parks and Recreational Areas 3. Outdoor Sports and Recreation 4. Golf Courses 5. Accessory residential uses such as yard areas, gardens, play areas, and loading areas. 6. Accessory industrial and commercial uses such as yard areas, parking and loading areas, airport landing strips, etc. (0) The following uses and activities may be permitted by Special Use pursuant to Section 30-19 of this ordinance provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by this or any other ordinance: 1. Structures (except for manufactured homes) accessory to the uses and activities by right, above. 2. Certain utilities and public facilities and improvements such as pipe lines, water and sewage treatment plants, and other similar or related uses. 3. Water-related uses and activities such as marinas, docks, wharves, piers, etc. 4. Extraction of sand, gravel, and other materials (where no increase in level of flooding or velocity is caused thereby). 5. Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning. 6. Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities, and structural development, shall be undertaken in strict compliance with the flood-proofing provisions contained in all other applicable codes and ordinances. Sec. 30-74-9. Flood-Fringe,SpeciaIFloodplain and Approximated Floodplain Development Regulations. (A) In the flood-fringe,specfiafflboClplain and approximated floodplain the development and/or use of land shall be permitted in accordance with the regulations of the underlying zoning district provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. However, in the special floodplain and the approximated floodplain areas the applicant and/or developer shall evaluate the effects of the proposed development and/or use of land on the floodplain with current hydrologic and hydraulic engineering techniques. The applicant and/or developer shall submit studies, analysis, computations, etc. to show the delineation of a floodway based on the requirement that all existing and future development not increase the 1 DO-year flood elevation more than one (1) foot at any point. The engineering principle, equal reduction of conveyance, shall be used to make the determination of increased flood height. Sec. 30-74-10. Procedures for Special Uses in Floodways. (A) Any use listed as permitted with a special use in a floodway shall be allowed only after application to the county board of supervisors. All such applications shall be reviewed pursuant to the procedures outlined in section 30-19 of this ordinance. In 4 Section 30-74 FO Floodplain Overlay District - 1st Revision - 070907 addition to information required by section 30-19, all such application shall include the following: 1. Plans in triplicate drawn to scale not less than 1" to 1 00' horizontally showing the location, dimensions, and contours (at five-foot intervals) of the lot, existing and proposed structures, fill, storage areas, water supply, sanitary facilities, and relationship of the floodway to the proposal. 2. A typical valley cross-section as necessary to adequately show the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and 1 OO-year flood elevation. 3. A profile showing the slope of the bottom of the channel or flow line of the stream. 4. A summary report, prepared by professional engineers or others of demonstrated qualifications, evaluating the proposed project in relation to flood heights and velocities; the seriousness of flood damage to the use; and other pertinent technical matters. 5. A list of names and addresses of adjoining property owners. (8) In acting upon such applications, the planning commission and the county board of supervisors shall consider all relevant factors specified in other sections of this ordinance and: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. No special use shall be granted for any proposed use, development, or activity within the floodway that will cause any increase in flood levels during the 100- year flood. 2. The danger that materials may be swept on to other lands or downstream to the injury of others. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. 5. The importance of the services provided by the proposed facility to the county. 6. The requirements of the facility for a waterfront location. 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9. The relationship of the proposed use to the community plan and floodplain management program for the county. 10. The safety of access to the property in times of flood for ordinary and emergency vehicles. 11. Such other factors which are relevant to the purpose of this Section. (Ord. No. 042799-11, ~ 1f., 4-27-99) Sec. 30-74-11. Variances. (A) The board of zoning appeals may consider variances to the requirements of this section, under the following guidelines and conditions: 1. Variances may not be considered within any floodway if any increase in flood levels during the 100-year flood would result. 2. Variance requests may be granted for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places without regard to the procedures set forth in this section. 3. Variances may be considered for new construction and substantial improvements to be erected on a lot contiguous and surrounded by lots with existing structures constructed below the 1 OO-year flood level using the guidelines set forth in Section 30- 74-10(8) above. 5 Section 30-74 FO Floodplain Overlay District - 1st Revision - 070907 (B) The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. Variances shall only be issued after the board of zoning appeals has determined that the granting of such will not result in: 1. Unacceptable or prohibited increases in flood heights; 2. Additional threats to public safety; 3. Extraordinary public expense; 4. Creation of nuisances; 5. Fraud or victimization of the public; or, 6. Conflict with local laws or ordinances. Variances shall only be issued after the board of zoning appeals has determined that the variance will be the minimum relief to any hardship. (C) The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 1 DO-year flood elevation (a) increases the risks to life and property, and (b) will result in increased premium rates for flood insurance. A record of the above notification as well as all variance actions, including justification for their issuance, shall be maintained and any variances which are issued shall be noted in the annual report submitted to theFederal Insurance Administration. Sec. 30-74-12. Existing Structures in Floodplain Areas. (A) A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions may be continued subject to the following conditions: 1. Existing structures and/or uses located in the floodway shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements). 2. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of fifty (50) percent or more of its market value, shall be undertaken only in full compliance with the Virginia Uniform Statewide Building Code. (Ord. No. 92695-18, S 1, 9-26-95) Sec. 30-74-13. Liability. (A) The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages. (B) This ordinance shall not create liability on the part of Roanoke County or any officers or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 14, 2007 ORDINANCE AMENDING SEC. 30-74. FLOODPLAIN OVERLAY DISTRICT. BE IT ORDAINDED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 30-74 Floodplain Overlay District be amended to read and provide as follows: Sec. 30-74-1. Purpose. (A) The purpose of these floodplain provisions is to prevent the following hazards: 1. The loss of life and property; 2. The creation of health and safety hazards; 3. The disruption of commerce and governmental services; 4. The extraordinary and unnecessary expenditure of public funds for flood protection and relief; and, 5. The impairment of the tax base. (B) These provisions are designed to accomplish the above purposes by: 1. Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies; 2. Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding; 3. Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage; 4. Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. Sec. 30-74-2. Applicability and Administration. (A) These provisions shall apply to all lands within the jurisdiction of Roanoke County and identified as being within a floodplain, as stipulated in this section. (8) These provisions shall supersede any regulations currently in effect in floodplain areas. Where conflict exists between these provisions and those of any underlying zoning district, the more restrictive provisions shall apply. (C) In the event any provision concerning a floodplain area is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying zoning district provisions shall remain applicable. Sec. 30-74-3. Compliance. (A) No land shall hereafter be developed and no structure shall be located, relocated, constructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this section and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this section. Sec. 30-74-4. Delineation of Areas. (A) The various floodplain areas shall include areas subject to inundation by waters of the 1 DO-year flood. The primary basis for the delineation of these areas shall be the Flood Insurance Study for Roanoke County prepared by the Federal Emergency Management Agency, dated Fgl)fl.t5tSj'~;~~(1J~'SepteQ!~~~>:?~~ 2007, as amended. These areas are more specifically defined as follows: 2 1. The Floodway is delineated for purposes of this section using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 1 DO-year flood without increasing the water surface elevation of that flood more than one foot at any point. These Floodways are specifically defined in Table 4 of the above referenced Flood Insurance Study and shown on the Flood Insurance Rate Map accompanying that study. 2. The Flood-Fringe shall be that area of the 1 DO-year floodplain not included in the Floodway. The basis for the outermost boundary of the Flood-Fringe shall be the 100- year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study and as shown on the Flood Insurance Rate Map accompanying the study. 3. The SpeciaiFlooClplain.shalibefhose areas identifieri as an AE: .zone on the maps accOmpanying the Flood Insurance Study for which one hundred(100)~ear .~:- . ',: "". :.:. "':" ",. -.. -.",' ", ',: ... ...... , , '" . flood elevations have been provided but. for which no f/oodway has been delineated. J-:. 4. The Approximated Floodplain shall be those floodplain areas shown on the flood insurance rate map for which no detailed flood profiles or elevations are provided, and all other floodplain areas where the drainage area is greater than 100 acres. Where the specific 1 DO-year flood elevation cannot be determined for this area using other sources of data such the U.S. Army Corps of Engineers, Floodplain Information Reports, U.S. Geological Survey Flood Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses 3 shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Calculations for the design flood shall be related to existing land use and potential development under existing zoning. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the director of community development. (Ord. No. 92893-18, S 1, 9-28-93; Ord. No. 42694-12, S 10, 4-26-94; Ord. No. 92695- 18, S 1,9-26-95; Ord. No. 042799-11, S 1c., 4-27-99; Ord. No. 012505-4, S 1,1-25-05) Sec. 30-74-5. Creation of Overlay. (A) The floodplain areas described above shall be an overlay to the existing underlying zoning districts as shown on the Official Zoning Map, and as such, the provisions for the floodplain areas shall serve as a supplement to the underlying zoning district provisions. (B) The boundaries of the floodplain areas are established as shown on the Flood Insurance Rate Map which is declared to be part of this chapter and which shall be kept on file in the office of the administrator. (Ord. No. 92893-18, S 1,9-28-93) Sec. 30-74-6. Floodplain Boundary Changes and Interpretation. (A) The delineation of any of the floodplain areas may be revised by the board of supervisors where natural or man made changes have occurred and/or made detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. 4 (B) Initial interpretations of the boundaries of the floodplain areas shall be made by the administrator. Should a dispute arise concerning the boundaries of any of the floodplain areas, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the floodplain area boundary shall be given an opportunity to present his case to the board of zoning appeals and to submit technical evidence. Procedures for such appeals shall be as outlined in Section30-24 of this ordinance. Sec. 30-74-7. Floodplain Area Provisions, Generally. (A) All uses, activities, and development occurring within any floodplain area shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this section and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code and the Roanoke County Subdivision Ordinance. Prior to the issuance of any such permit, the administrator shall require all applications to include compliance with all applicable state and federal laws. (B) Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways or any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any channels or floodways of any watercourse, stream, etc., within Roanoke County, approval shall be obtained from the Virginia Department of Environmental Quality, Division of Water. Further, notification of the proposal shall be given to all affected adjacent jurisdictions. Copies of such notification shall be forwarded to the Virginia 5 Department of Environmental Quality, Division of Water, the State Department of Intergovernmental Affairs, and the Federal Insurance Administration. (C) The lowest floor elevation of any new residential structure constructed within a floodplain area shall be at least two (2) feet above base flood elevation. The lowest floor elevation of any new non-residential structure constructed within a floodplain area shall be at least one (1) foot above base flood elevation, unless such structure is floodproofed. In addition, no existing structure shall be modified, expanded or enlarged unless the new construction complies with this standard. (0) All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information: 1. For structures to be elevated, the elevation of the lowest floor (including basement). 2. For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed. 3. The elevation of the one hundred-year flood. 4. Topographic information showing existing and proposed ground elevations. (E) For all new subdivisions which adjoin or include floodplain areas identified in the flood insurance study, the base flood elevation shall be shown on the final record plat. (F) All recreational vehicles located in a FEMA designated floodplain shall either: 1. Be on site for fewer than one hundred eighty (180) consecutive days, be fully licensed and inspected, and ready for highway use; or 2. Meet the minimum requirements for placement and the elevation and anchoring requirements for manufactured homes as contained in the Virginia Uniform Statewide Building Code. 6 A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only be quick disconnect type utilities and security devices, and has no permanently attached additions. (Ord. No. 42694-12, S 11,4-26-94; Ord. No. 92695, S 1, 9-26-95) Sec. 30-74-8. Floodway Development Regulations. (A) In the floodway no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate authorities as required above. (8) The placement of any manufactured home, except in an existing manufactured home park within the floodway is specifically prohibited. (C) In the floodway, the following uses, types and activities are permitted provided that (1) they are in compliance with the provisions of the underlying zoning district, (2) are not prohibited by any other ordinance and (3) no specific land use requires any type of structure, fill, or storage of materials and equipment: 1. Agricultural 2. Public Parks and Recreational Areas 3. Outdoor Sports and Recreation 4. Golf Courses 5. Accessory residential uses such as yard areas, gardens, play areas, and loading areas. 6. Accessory industrial and commercial uses such as yard areas, parking and loading areas, airport landing strips, etc. 7 (0) The following uses and activities may be permitted by Special Use pursuant to Section 30-19 of this ordinance provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by this or any other ordinance: 1. Structures (except for manufactured homes) accessory to the uses and activities by rig ht, above. 2. Certain utilities and public facilities and improvements such as pipe lines, water and sewage treatment plants, and other similar or related uses. 3. Water-related uses and activities such as marinas, docks, wharves, piers, etc. 4. Extraction of sand, gravel, and other materials (where no increase in level of flooding or velocity is caused thereby). 5. Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning. 6. Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities, and structural development, shall be undertaken in strict compliance with the flood-proofing provisions contained in all other applicable codes and ordinances. Sec. 30-74-9. Flood-Fringe,~pecralFlQ(jCJplai" and Approximated Floodplain Development Regulations. (A) In the flood-fringe, sjiecialt1lJodjilain and approximated floodplain the development and/or use of land shall be permitted in accordance with the regulations of the underlying zoning district provided that all such uses, activities, and/or development 8 shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. However, intfJ!;$~t;i@(cf1Q}8Cip~i!tij and the approximated floodplain areas the applicant and/or developer shall evaluate the effects of the proposed development and/or use of land on the floodplain with current hydrologic and hydraulic engineering techniques. The applicant and/or developer shall submit studies, analysis, computations, etc. to show the delineation of a floodway based on the requirement that all existing and future development not increase the 1 DO-year flood elevation more than one (1) foot at any point. The engineering principle, equal reduction of conveyance, shall be used to make the determination of increased flood height. Sec. 30-74-10. Procedures for Special Uses in Floodways. (A) Any use listed as permitted with a special use in a floodway shall be allowed only after application to the county board of supervisors. All such applications shall be reviewed pursuant to the procedures outlined in section 30-19 of this ordinance. In addition to information required by section 30-19, all such application shall include the following: 1. Plans in triplicate drawn to scale not less than 1" to 1 OQ' horizontally showing the location, dimensions, and contours (at five-foot intervals) of the lot, existing and proposed structures, fill, storage areas, water supply, sanitary facilities, and relationship of the floodway to the proposal. 9 2. A typical valley cross-section as necessary to adequately show the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and 1 DO-year flood elevation. 3. A profile showing the slope of the bottom of the channel or flow line of the stream. 4. A summary report, prepared by professional engineers or others of demonstrated qualifications, evaluating the proposed project in relation to flood heights and velocities; the seriousness of flood damage to the use; and other pertinent technical matters. 5. A list of names and addresses of adjoining property owners. (B) In acting upon such applications, the planning commission and the county board of supervisors shall consider all relevant factors specified in other sections of this ordinance and: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. No special use shall be granted for any proposed use, development, or activity within the floodway that will cause any increase in flood levels during the 100- yea r flood. 2. The danger that materials may be swept on to other lands or downstream to the injury of others. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. 5. The importance of the services provided by the proposed facility to the county. 6. The requirements of the facility for a waterfront location. 10 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9. The relationship of the proposed use to the community plan and floodplain management program for the county. 10. The safety of access to the property in times of flood for ordinary and emergency vehicles. 11. Such other factors which are relevant to the purpose of this Section. (Ord. No. 042799-11, S 1f., 4-27-99) Sec. 30-74-11. Variances. (A) The board of zoning appeals may consider variances to the requirements of this section, under the following guidelines and conditions: 1. Variances may not be considered within any floodway if any increase in flood levels during the 1 OO-year flood would result. 2. Variance requests may be granted for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places without regard to the procedures set forth in this section. 3. Variances may be considered for new construction and substantial improvements to be erected on a lot contiguous and surrounded by lots with existing structures constructed below the 1 OO-year flood level using the guidelines set forth in Section 30- 74-10(8) above. (8) The board of zoning appeals may refer any application and accompanYing documentation pertaining to any request for a variance to any engineer or other 11 qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. Variances shall only be issued after the board of zoning appeals has determined that the granting of such will not result in: 1. Unacceptable or prohibited increases in flood heights; 2. Additional threats to public safety; 3. Extraordinary public expense; 4. Creation of nuisances; 5. Fraud or victimization of the public; or, 6. Conflict with local laws or ordinances. Variances shall only be issued after the board of zoning appeals has determined that the variance will be the minimum relief to any hardship. (C) The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 1 DO-year flood elevation (a) increases the risks to life and property, and (b) will result in increased premium rates for flood insurance. A record of the above notification as well as all variance actions, including justification for their issuance, shall be maintained and any variances which are issued shall be noted in the annual report submitted to theFederal Insurance Administration. Sec. 30~74-12. Existing Structures in Floodplain Areas. (A) A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions may be continued subject to the following conditions: 12 1. Existing structures and/or uses located in the floodway shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements). 2. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of fifty (50) percent or more of its market value, shall be undertaken only in full compliance with the Virginia Uniform Statewide Building Code. (Ord. No. 92695-18, S 1, 9-26-95) Sec. 30-74-13. Liability. (A) The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages. (B) This ordinance shall not create liability on the part of Roanoke County or any officers or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. 2. That this ordinance shall be in effect from and after its adoption. 13 ACTION NO. ITEM NO. \...\ - , AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 AGENDA ITEM: Second reading ot an ordinance authorizing the relocation ot an electric line at Camp Roanoke and granting ot a right-ot- way easement through property owned by the Roanoke County Board ot Supervisors at Camp Roanoke (Tax Map No. 83.00-01-16) Catawba Magisterial District SUBMITTED BY: Pete Haislip Director ot Parks, Recreation, and Tourism Elmer C. Hodge C~ fI~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: f&'~,~1P~ SUMMARY OF INFORMATION: The Appalachian Power Company; in conjunction with a request trom the Roanoke County Department ot Parks, Recreation, and Tourism; is requesting that the Board ot Supervisors convey a right-ot-way easement within Camp Roanoke in the Catawba Magisterial District, as tollows: As shown on the proposed right-ot-way plan prepared by the Appalachian Power Company, the new 40-toot wide right-ot-way easement would contain approximately 14,240 square teet to be granted within Camp Roanoke in order to move an existing power pole away trom the main pavilion to a location that is more conducive to camp activities within Camp Roanoke on property owned by Roanoke County and designated as Tax Map Number 083.00-01-16.00-0000. Camp Roanoke staff has met on site with representatives trom Appalachian Power Company and have approved the right-ot-way easement locations as identitied on the attached plan. Relocation ot the electrical line will require the removal ot one power pole and existing overhead power lines located within the Camp's main activity area and installation of two new poles and approximately 356 feet of overhead electrical line in a location outside of the Camp's main activity area. Since the request for the electrical line relocation originated from the Department of Parks, Recreation, and Tourism in order to improve operations at Camp Roanoke, staff recommends that there be a nominal charge of one dollar ($1.00) payable by the Appalachian Power Company associated with the granting of this right-of-way easement to the Appalachian Power Company. Costs associated with the electrical line relocation will be approximately $4,000 and will be paid out of the Department of Parks. Recreation, and Tourism capital maintenance budget for Camp Roanoke. FISCAL IMPACT: The Department of Parks, Recreation, and Tourism recommends that a fee of one dollar ($1.00) be paid by the Appalachian Power Company in association of the granting of this right-of-way easement to the Appalachian Power Company. The electrical line relocation that necessitates the granting of this right-of-way easement to the Appalachian Power Company will improve operations at Camp Roanoke as the relocation of the electrical line with occur outside of the Camp's main activity area. ALTERNATIVES: 1. Approve the second reading of the attached ordinance authorizing the conveyance of a right-of-way easement to the Appalachian Power Company for the purpose of relocating an overhead electrical line to a location outside of the Camp's main activity area. 2. Do not approve the second reading of the attached ordinance and decline to authorize the requested conveyance and creation of the right-of-way easement. STAFF RECOMMENDATION: Staff recommends Alternative 1: Approve the second reading of the attached ordinance authorizing the conveyance of a right-of-way easement to the Appalachian Power Company for the purpose of relocating an overhead electrical line to a location outside of the Camp's main activity area. 2 1-+- I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, AUGUST 14, 2007 ORDINANCE AUTHORIZING THE RELOCATION OF AN ELECTRIC LINE AT CAMP ROANOKE AND GRANTING OF A RIGHT-OF-WAY EASEMENT THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS AT CAMP ROANOKE (TAX MAP NO. 83.00-01-16) CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of a parcel of land containing 85.05 acres off Dry Hollow Road in the County of Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map No. 083.00-01- 16.00-0000; and WHEREAS, Appalachian Power Company has requested the conveyance of a new right-of-way easement in Camp Roanoke in response to the Department of Parks, Recreation and Tourism's request for the relocation of an overhead electrical line currently located within the Camp's main activity area to a location outside of the Camp's main activity area; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including easements, shall be accomplished by ordinance; the first reading of this ordinance was held on July 24,2007, and the second reading was held on August 14, 2007. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus and are hereby made available for other public uses by conveyance to Appalachian Power Company for a new right-of-way easement in Camp Roanoke for the relocation of an overhead electrical line currently located within the Camp's main activity area to a location outside of the Camp's main activity area. 2. That conveyance to Appalachian Power Company of a right-of-way easement as shown and described on "Proposed Right Of Way On The Property Of Board Of Supervisors Of Roanoke County, Virginia" prepared by the Appalachian Power Company dated May 29,2007, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts as payment for the right-of-way easement the sum of one dollar ($1.00). 4. That the County Administrator, or any assistant county administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. 2 Exhibit A EXISTING POLE 37800321810052 L TO DRY HOLLOW RD , , , , , , EXISTING LINE -+; , , , , , , ROAD INTO CAMP ROANOKE - EXISTING LINE TO BE REMOVED REMOVE POLE 37800321810053 INSTALL POLE 37800321810127 PROPOSED NEW UNE INSTALL GUY & ANCHOR ON EXISTING POLE , 37600321B10065 , I I , ~ EXISTING LINE I , I , . A N A I .1 PROPOSED RIGHT OF WAY APPA1.ACHIAN POWER COMPANY CIlAIll.EBTON RBllOlf./lOAJolO<<E: Dl3JRICT. ~ GOUHIY. V1R1lINlo\ PROPOSED RIGHT OF WAY ON THE PROPERTY OF BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA PROPOSED NEW OVERHEAD LINE - - - - - - -, EXISTING OVERHEAD LINE .( DRAWN BY: KJW APf';B't'; CPH DATE: 5/29/07 llC.AI..E: NONE SHEET ---1....- OF ---1- ROANOKE COUNTY, VIRGINIA TD.665000 MAP SECT10N 37800321B1 DRAWING NO. V-1825 ACTION NO. ITEM NO. J 1-(0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 AGENDA ITEM: Appointments to Committees, Commissions and Boards Wanda G. Riley, CPS Clerk to the Board Elmer C. Hodge t)l County Administrator SUBMITTED BY: APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (Appointed by District) The following one-year terms will expire on August 31, 2007: a) King Harvey, Catawba District b) James T. Anderson, Cave Spring District c) Steven A. Campbell, Hollins District d) Brian Garber, Windsor Hills District As requested at the July 24 meeting, Steven A. Campbell, Hollins District, has been contacted and advises that he is willing to serve an additional term. Confirmation of his appointment has been placed on the Consent Agenda. 2. Clean Valley Council The two-year term of Dennis "Chip" Harris expired on June 30, 2007. 3. Economic Development Authority Craig W. Sharp, who lives in the Vinton District, has submitted his resignation effective at such time as a replacement may be appointed or at the end of August 2007. Mr. Sharp is serving a three-year term which will expire September 26, 2010. 4. Grievance Panel The three-year term of R. Vincent Reynolds will expire on September 10, 2007. 5. Regional Stormwater Management Committee The Roanoke Valley-Alleghany Regional Commission has requested that the County appoint a Board member to serve on its Regional Stormwater Management Committee. The Commission hopes to hold the initial meeting of the committee in early September. It is requested that the name of the County's representative be forwarded to Wayne Strickland at the Regional Commission by August 17, 2007. 6. Western Virginia Water Authority Board of Directors The three-year term of Elmer C. Hodge expired on June 30, 2007. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 14,2007 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for August 14, 2007, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3, inclusive, as follows: 1. Resolutions of appreciation to the following individuals upon their retirements; (a) Carol J. Reynolds, Commissioner of Revenue's Office, after twenty years of service (b) Betty S. Hale, Sheriff's Office, after fourteen years of service 2. Acceptance of Fieldview Drive and a portion of Cortland Road into the Virginia Department of Transportation secondary system 3. Confirmation of committee appointment 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. ACTION NO. ITEM NO. ~"~.., AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 AGENDA ITEM: Resolutions of appreciation to the following individuals upon their retirements: (a) Carol J. Reynolds, Commissioner of the Revenue's Office, after twenty years of service (b) Betty S. Hale, Sheriff's Office, after fourteen years of service SUBMITTED BY: Brenda J. Holton Deputy Clerk to the Board Elmer C. Hodge {')I County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following County personnel retired on August 1, 2007, and have requested that their resolutions of appreciation be mailed: (a) Carol J. Reynolds, Commissioner of the Revenue's Office, after twenty years of service; and (b) Betty S. Hale, Sheriff's Office, after fourteen years of service 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, AUGUST 14, 2007 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO CAROL J. REYNOLDS, COMMISSIONER OF THE REVENUE'S OFFICE, UPON HER RETIREMENT AFTER TWENTY YEARS OF SERVICE WHEREAS, Carol J. Reynolds was employed by Roanoke County on November 4, 1986, in the Commissioner of the Revenue's Office; and WHEREAS, Ms. Reynolds retired from Roanoke County on July 31,2007, as a Real Estate Tax Clerk II, after twenty years and nine months of service; and WHEREAS, Ms. Reynolds assisted with the Real Estate Tax Relief Program and classified for taxation tangible personal property owned by certain elderly and disabled persons in the County of Roanoke and the Town of Vinton, and provided assistance to those citizens with their annual application process and maintenance of records for meeting these qualifications; and WHEREAS, Ms. Reynolds successfully entered assessment, mapping, zoning, and classification changes into the computer system to accurately maintain the County's records which are required for the equitable assessment of real estate; and WHEREAS, Ms. Reynolds, 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 CAROL J. REYNOLDS for more than twenty 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. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 14, 2007 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO BETTY S. HALE, SHERIFF'S OFFICE, UPON HER RETIREMENT AFTER FOURTEEN YEARS OF SERVICE WHEREAS, Betty S. Hale was employed by Roanoke County on July 26, 1993, in the Sheriff's Office as a deputy sheriff - medical; and WHEREAS, Deputy Sheriff Hale retired from Roanoke County on August 1,2007, after fourteen years of service; and WHEREAS, Deputy Sheriff Hale provided medical training for the Roanoke County Sheriff's Office personnel; and WHEREAS, the public safety of Roanoke County citizens is assured by dedicated employees such as Deputy Sheriff Hale; and WHEREAS, Deputy Sheriff Hale is highly respected by her co-workers in the Sheriffs Office for her dedication and teamwork; and WHEREAS, Deputy Sheriff Hale, 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 BETTY S. HALE for fourteen 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. s-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14,2007 AGENDA ITEM: Acceptance of Fieldview Drive and a portion of Cortland Road into the Virginia Department of Transportation secondary system SUBMITTED BY: Arnold Covey Director, Community Development Elmer C. Hodge C /I County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: F & W Community Development Corporation, the developer of The Orchards, Section 2, "Cortland Meadows", located in the Hollins Magisterial District, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.08 mile of Fieldview Drive from the intersection of Cortland Road north to its cul-de-sac, 0.15 mile of Fieldview Drive from the intersection of Cortland Road south to its cul-de-sac and 0.06 mile extension of Cortland Road from the intersection of Cortland Road (Sec. Rte. 1003) and Laurel Ridge Drive to the intersection with Fieldview Drive. 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 Fieldview Drive and a portion of Cortland Road into the Secondary Road System. THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 14th DAY OF AUGUST 2007 ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF FIELDVIEW DRIVE AND A PORTION OF CORTLAND ROAD 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 S33.1-229, 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. 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", ~ 1'.,< \.~~!\ PROPOSED ADDITION SHOWN IN ORA Y DESCRIPTION LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICES Miles Feel Feet Houses Cortland Road - from the intersection of Cortland Road (See Rte 1003) and laurel Ridge Drive to the intersection with Fieldview Drive. Fielsview Drive - from the intersection with Cortland Road north to its cul-de-sac. 006 44 36 2 008 40 28 11 ,. ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT The Orchards, Section 2 "Cortland Meadows" Acceptance of Fie1dview Drive and a pOI1ion of Cortland Road into the Virginia Department of Transportation Secondary System. 'I ." .~ Sheet 1 _ VICINITY MAP NORTH , J , . iJ' "- " J' ,\ / .~. / 't~..~ _I, ~ ..' ~~~",:.,. ,o~~.,~ ,~r.t PROPOSED ADDITION SHOWN IN ORA Y DESCRIPTION LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICES Miles Feet Feet Houses Fieldview Drive. from the intersection with Cortland Road :south to its cul-de-sac. 0.15 40 28 18 , ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT The Orchards, Section 2 "Cortland Meadows" Acceptance of Fieldview Drive and a por1ion of Cortland Road into the Virginia DepaItment of Transpor1ation Secondary System. '" ."- ,~ Sheet 2 ACTION NO. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 AGENDA ITEM: Confirmation of committee appointment SUBMITTED BY: Wanda G. Riley, CPS Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (appointed by district) The one-year term of Steven A. Campbell, Hollins District, will expire August 31,2007. As requested at the July 24, 2007 meeting, Mr. Campbell has been contacted and advises that he is willing to serve an additional term. Confirmation of his appointment has been placed on the Consent Agenda. N -I GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount % of General Amount Unaudited Balance at June 30, 2007 $14,488,420 8.23% July 1, 2007 Payment on Loan from Explore Park 20,000 Balance at August 14, 2007 14,508,420 8.24% Note: On December 21, 2004, the Board of Supervisors adopted a policy to maintain the General Fund Unappropriated Balance for 2007-08 at a range of 8.5%-9.5% of General Fund Revenues 2007-2008 General Fund Revenues $176,033,678 8.5% of General Fund Revenues $14,962,863 9.5% of General Fund Revenues $16,723,199 The Unappropriated Fund Balance of the County is currently maintained at a range of 8.5%-9.5% of General Fund revenus and will be increased over time to the following ranges: 2008-2009 2009-2010 2010-2011 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 [if County Administrator tv-~ COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Unaudited Balance at June 30, 2007 Amount $6,234,044.55 $6,234,044.55 Balance at August 14, 2007 $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.) Unaudited Balance at June 30,2007 $1,049,620.00 July 24, 2007 Acquisition of property for Fleet Maintenance Facility (890,000.00) $159,620.00 Balance at August 14, 2007 Submitted By Rebecca E. Owens Director of Finance Elmer C. Hodge (' jd County Administrator Approved By r\f -- ':? -~ RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2007-2008 Original Budget $ 100,000.00 June 12, 2007 Appropriation for Legislative Liaison ($24,000.00) June 26,2007 Appropriation for the veteran's monument at the Vinton War Memc ($30,000.00) Balance at August 14, 2007 $ 46,000.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge t:f;t County Administrator N-4 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 216,295.38 75,020.70 Total $ 502,421.98 $ 345,359.68 May Consumer Utility Tax Landline $ 92,941.49 $ Consumer Utility Tax Wireless 117,319.69 Communication Sales and Use Tax 271,078.33 E911 Service Tax 60,264.73 Cable Franchise fee 92,259.95 Total $ 270,525.91 $ 363.338.28 June Consumer Utility Tax Landline $ 95,748.48 $ Consumer Utility Tax Wireless 119,760.11 Communication Sales and Use Tax 268,293.91 E911 Service Tax 60,455.05 Cable Franchise fee 84,186.19 Total $ 275,96364 $ 352,480.10 July Consumer Utility Tax Landline $ 95,017.26 $ Consumer Utility Tax Wireless 121,823.44 Communication Sales and Use Tax 300,558.02 E911 Service Tax 59,649.70 Cable Franchise fee 245,481.66 78,603.22 Total $ 521,972.06 $ 379,161.24 Grand Total $ 2,614,597.21 $ 2,344,134.86 *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 Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge County Administrator ACTION NO. ITEM NUMBER ('J--5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: August 14,2007. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of July 31, 2007. SUMMARY OF INFORMATION: GOVERNMENT: SUNTRUST/ALEXANDER KEY SUNTRUST/ALEXANDER KEY CONTRA SUNTRUST SECURITIES SUNTRUST SECURITIES CONTRA 72,690,653.68 143,121.21 9,000,000.00 (6,230.00) 81,827,544.89 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION (G.O.) 6,637,105.16 6,637,105.16 MONEY MARKET: BRANCH BANKING & TRUST SALEM BANK & TRUST SUNTRUST/ALEXANDER KEY SUNTRUST SECURITIES SUNTRUST - SWEEP WACHOVIA 2,189,106.16 1,197,361.41 27,406,736.34 1,507,357.36 13,261,947.93 2,560,791.25 48,123,300.45 TOTAL 136,587,950.50 02/03/06 ACTION NO. p- J ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 AGENDA ITEM: SUBMITTED BY: Work session with the Roanoke County School Board Elmer C. Hodge EC!..1J-- County Administrator SUMMARY OF INFORMATION: This time has been reserved for a work session with the Roanoke County School Board. The following items will be discussed: 1. Growth projections for Roanoke County and how the information can be used by the Schools - Arnold Covey and Allen Journell 2. Update on Capital Projects: a. School projects (including Northside High School) - Dr. Martin Misicko b. County projects (including North County Fire Station, Fleet Maintenance Facility, Multigenerational Recreation Center, North County Business Park, South County Library, and water line to Franklin County) - County Staff 3. Land acquisition ACTION NO. ITEM NO. ~-.:t AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 14, 2007 AGENDA ITEM: Work session to discuss current status of capital improvement projects. SUBMITTED BY: Brent Robertson Director, Management and Budget SUMMARY OF INFORMATION: This time has been set aside to review and discuss the current status of significant capital improvement projects that are in-process. These projects are currently part of the approved Capital Improvements Program. Attached is a brief summary of recent activity and upcoming events related to the specific projects. FY 2008-2012 Capital Project Status Report 8/10/2007 Project: 800MHz Public Safety Radio Upgrade Project Managers: Bill Hunter Elaine Carver Total Capital Cost: $9,082,780 Description: The project will include a complete upgrade from a 20 year old Public Safety analog radio system to a state of the art digital system, including replacement of the system infrastructure and subscriber radios. The upgrade will ensure better service and greater reliability of communications within the County. Recent Developments: . Final contract will be taken to the Board August 14, 2007 seeking authorization to execute a contract contingent upon review and approval as to form from the County Attorney and a future appropriation request from the County Administrator. . A detailed Payment Schedule and Project Timeline has been received from Motorola outlining the actual project costs and milestone dates . Final System Acceptance and the "Go Live" date is scheduled for October 20th, 2009 Project Status: Final Contract Approval August-07 August 14, 2007 BaS Meeting Site Improvements Begin December-07 Public Safety Building, Poore Mtn., Ft. Lewis, Mill Mtn., Crowells Gap; Begins 12/3/07 and ends 2/17/09 Subscriber Radio Installations Begin F 15/08, ends 8/27/2008 Site Installations Begin March-09 Begins 3/18/09, ends 7/16/09 Go Live October-09 10/20/2009 Project Timeline: Final Contract Approval Subscriber Radio Installations Begin Go Live ! ~ ~ ~ ~ ~ ~ ~ ~ c L ~ ~ ~ ~ L L ~ ~ ~ ~~""Q~ 5 ~cE~ 6 6 6 6 6 6 g 6 6 ~ ~ ~ ~ ~ ~ ~ ~ o Z 0 L ~ ~ ~ ~ L L ~ ~ 0 Z $l~ ~ ~ ~~""Q~ 5 ~cE~ $l~ 6 6 6 6 6 6 6 6 6 g 6 6 6 6 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Site Improvements Begin Site Installations Begin (0 RAFT) FY 2008-2012 Capital Project Status Report 8/10/2007 Project: Fire Station - North County Project Managers: Rick Burch Total Capital Cost: $4,200,000 Description: Provide a new fire and rescue public safety building in the area of Plantation and Hollins Road. This would be a three- bay station to house a pumper and two ambulances. Also included would be adequate living areas such as offices, male/female sleeping/restroom/shower areas, storage areas, and meeting rooms. This facility will more evenly distribute fire and rescue calls currently handled by other stations in order to provide more efficient and effective fire and rescue services for the citizens of Roanoke County. Recent Developments: . Design development began August 2007 . The presentation to the Board of Supervisors previously set for August 14, 2007 will now be held during the first BOS meeting in September 2007 . Contract document preparation is now set to begin in October 2007; bids will be solicited in December 2007 and received in January 2008 . The December 2008 completion date is aggressive; there is a possibility that completion will be pushed to January or February of 2009 . Rescue fees recently approved by the Board will generate revenue to pay for capital construction and off-set some of the personnel costs Project Status: Presentation September-07 be held during 9/11/07 BOS meeting Bid December-07 February-08 Begin Construction February-08 Construction set to run 10-11 months December-08 date; may be pushed to Jan/Feb 2009 Project Timeline: Bid Award Sef Oct-07 Nov- Dec- Jan-08 Fe -08 Mar-08 Apr-08 May- Jun-08 Jul-08 Jul-08 Aug- Sep- Oct-08 Nov- De - Jan-09 07 07 07 08 08 08 08 0 Begin Construction Supervisor's Presentation Completion (DRAFT) FY 2008-2012 Capital Project Status Report 8/10/2007 Project: Multi-Gen Center (New Business Park) Total Capital Cost: $28,600,000 Project Managers: Dan O'Donnell Pete Haislip Description: Development of an 75,750 square foot multi-generational center to include indoor aquatic spaces, gymnasiums, fitness areas, a walking track, community program space, and outdoor aquatics. The project will provide for the major facility recommendations in the Parks & Recreation Master Plan and will serve to enhance sports marketing efforts in the valley and will anchor a new 200 acre business park in North Roanoke County (See North County Business Park) and will be a signature landmark at the gateway to Roanoke County. Recent Developments: . Negotiation of the Comprehensive agreement will be completed August 2007 and placed on the August 28 or September 11 Board Agenda for approval . Project is similar in size, quality and scope to "Riverchase" model; space program has been reduced from 83,000 sq./ft. to proposed dimensions to reduce cost. This size is similar to Riverchase. Square footage presented does not include outdoor aquatic space. . Land acquisition is currently being negotiated and will not exceed $1,800,000 ($150,000/acre). . Construction finished November, 2009. Project Status: Negotiation of Compo Agreement ust 2S, 2007 Possibly September 11 BOS meeting ust-07 Notice must be published for two weeks prior to BOS Board vote on Compo Agreement Design Development / Value Engineering September-07 Design development and value engineering continues 2007 March 200S Begin site preparation / Groundbreaking March-OS Completion November-09 Project Timeline: Negotiation of Compo Agreement Design Development / Begin site preparation / Value Engineering Groundbreaking - - - - - - - - - & - )> (f) 0 z 0 '-- TI '5: )> '5: '-- '-- '-- )> (f) 0 z 0 '-- TI '5: )> '5: '-- '-- )> (f) 0 0 '-- c ~ () 0 CD Dl CD Dl "'Q Dl C C C C CD () 0 CD Dl CD Dl "'Q Dl C C C CD () CD Dl co .,.. < () :J 0- " '< :J 2; 2; co "'0 .,.. < () :J 0- " '< :J 2; co "'0 .,.. < () :? 6 , 0 6 6 6 6 6 6 6 6 6 0 6 6 6 6 6 6 6 6 6 0 ~ 6 0 0 (Xl (Xl 0 CD -...j -...j -...j -...j -...j (Xl (Xl (Xl (Xl (Xl (Xl (Xl (Xl (Xl (Xl (Xl CD CD CD CD CD CD CD CD CD CD 0 Board vote on Compo Completion Agreement (0 RAFT) FY 2008-2012 Capital Project Status Report 8/10/2007 Project: North County Business Park Project Managers: Doug Chittum Total Capital Cost: $2,500,000 Elmer Hodge Description: Phase I Infrastructure Development for New 200 acre Premier Business Park which will provide new jobs and revenue to Roanoke County and serve as the Counties flagship Economic Development Project. Recent Developments: . Master Plan for Business Park has begun . 30 acre site for 1 st development identified as Hotel/Conference Center potential . This project will also provide access to MultiGen Recreation Facility which will serve as anchor to the new Park Project Status: Design Development/Engineering September-OJ Complete by March-08 Construction Begins March-08 Completion November-09 Project Timeline: Design Development/Engi nee ring Completion ~ en 0 z 0 <- "'Tl ~ s:: <- <- <- ~ en 0 z 0 <- "'Tl s:: ~ s:: <- <- ~ en 0 z 0 c CD n- o CD OJ CD "'Q OJ c c c c CD n- o CD OJ CD OJ "'Q OJ c c c CD n- o CD co "'0 < 0 :J cr '< :J ;5 ;5 co "'0 < 0 :J cr ~ '< :J ;5 co "'0 < 0 6 6 6 6 6 6 6 6 6 6 OJ OJ 6 6 6 6 6 6 6 6 6 6 6 <0 6 6 6 6 6 -..J -..J -..J -..J -..J OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 Construction Begins (0 RAFT) FY 2008-2012 Capital Project Status Report 8/10/2007 Project: New County Garage Project Managers: Anne Marie Green Total Capital Cost: $7,700,000 David Anderson Descri ption: New fleet maintenance facility on Hollins Road that will reduce costs currently associated with maintaining two garages (one owned, one leased) and those associated with outsourcing the repair of public safety vehicles. In addition to reducing costs, the sixteen bay facility will allow for a more efficient workflow, more effective service and provide a safer, more comfortable work environment for the garage staff. Recent Developments: . Schematic design phase is currently underway and on schedule . Board authorized the purchase of the project site at the July 24, 2007 meeting . Work on a partnership contract with the Western Virginia Water Authority is currently in progress . VDOT is requiring road improvements to Carlos Drive and may require a traffic study to be completed; these requirements could alter the project schedule (though not substantially) . The A&E firm, Spectrum, has estimated that the cost per square foot will be $142 . Construction bid is still set to be issued at the end of November 2007 with award and commencement of construction slated for February 2008 . Operating costs will be off-set with an updated rate structure and by eliminating the costs associated with the current maintenance facilities Project Status: Bid December-O? Formal design development set to be completed by the of August 200? Bid to be issued beginning of December Design Development August-O? January-08 to be made by the end of January Construction Begins bruary-08 Completion May-09 and occupancy tentatively set for May 2009 Project Timeline: Design Development Award Completion Jul- Aug- Sep- Oct- Nov- [ c- Jan- F b- Mar- Apr- May- Jun- Jul- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- 07 07 07 07 07 7 08 (8 08 08 08 08 08 08 08 08 08 08 08 09 09 09 09 09 09 Construction Begins Bid (DRAFT) FY 2008-2012 Capital Project Status Report 8/10/2007 Project: South County Library Total Capital Cost: $18,000,000 Description: This project would replace the existing Headquarters/419 Library with a 56,000 sq. ft. building constructed to meet both current and anticipated needs for size, lighting, design, handicapped accessibility, and telecommunication infrastructure. The amount of traffic received at the 419 Library and its lack of interior space ensures that the new South County Library will provide a much needed update to the county's library system and will be of great use to county citizens. Project Managers: Diane Hyatt Diana Rosapepe Recent Developments: . Construction Control Corporation of Virginia was chosen as the construction management firm and will be providing verification of budget estimates on August 20th, 2007 . Draft RFP for the Coffee Shop is currently being reviewed by Purchasing, A&E firms and staff . VDOT/Community Development meetings to determine final configuration for traffic pattern at Merriman and Meadowlark are ongoing; upgrades will be funded using Revenue Sharing funds . Revenues generated from community space rentals and retail activities will be used to off-set some of the additional operating costs of the new library Project Status: Design Phase Completion March-08 Bid March-08 3/29/2008; four (4) week bidding phase Award Begins November-09 (20) month construction phase FF&E delivery & installation finished by 9/7/2009; building not until 11/4/2009 Project Timeline: Construction Bid Construction Award Completion "'Tl ~ s:: <- <- <- ~ en 0 z 0 <- "'Tl s:: ~ s:: <- <- ~ en 0 z 0 CD ~ OJ C C C C CD n- o CD OJ CD ~ ~ OJ C C C CD n- o CD cr '< :J 6 6 co "'0 < 0 :J cr '< :J 6 co "'0 < 0 6 6 6 6 OJ OJ 6 6 6 6 6 6 6 6 6 6 6 <0 6 6 6 6 6 OJ OJ OJ OJ OJ OJ OJ OJ OJ <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 Construction Begins Desig Phase Completion (DRAFT) FY 2008-2012 Capital Project Status Report 8/10/2007 Project: Water Line Extension Project Managers: Total Capital Cost: $2,300,000 Description: Extension of a water line from Clearbrook to Wirtz Plateau in Franklin County along the Route 220 Corridor. The project will not have an affect on rates for existing customers of the Water Authority nor will it interrupt service. Recent Developments: . Debt service will be paid for by Roanoke County and Franklin County; Roanoke County's share of the project is approximately $2.3 million; the cost of the entire water line will be approximately $5.5 million . Costs will be recovered from new commercial and residential developers and users who utilize the water line through increased tax revenues and connection fees . The Water Authority will be responsible for the design and construction of the water line . Project length is between 18 months and two years . Project is critical to long-term comprehensive regional water system Project Status: Board approval of support TBD Approve a joint resolution of support for the project Planning Review TBD BOS authorization needed for planning review of the 220 corridor area Corridor Study TBD BOS authorization needed to conduct a corridor study that would address traffic impact, econ development and residential use TBD BOS authorization for County Attorney to develop contract with Western Virginia Water Authority and Franklin County Project Timeline: To be determined I Jul-O? I I I Sep-O? Nov-O? Jan-08 I I Mar-08 May-08 I Jul-08 I I Aug-08 Oct-08 I I I Dee-08 Feb-09 Apr-09 I Jun-09 (DRAFT) ACTION NO. P-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: August 14, 2007 AGENDA ITEM: Work session on Multigenerational Recreation Center Project Development Progress SUBMITTED BY: Daniel R. O'Donnell Assistant County Administrator APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: We have made great progress with this project and are nearing a point where we can make recommendations for approval. It is our intention to bring the Comprehensive Agreement to you for approval at the August 28 Board meeting. At that time, we will also bring a proposal and contract for the business park that goes hand-in-hand with this project. SUMMARY OF INFORMATION: First Choice Public Private Partners, a team consisting of English Construction Company and Moseley Architects, first submitted a conceptual proposal for the development of a Multigenerational Recreation Center under the Public Private Educational Facilities and Infrastructure Act (PPEA) in November, 2006. This proposal was developed after members of the Board of Supervisors visited several such facilities in the St. Louis area and publicly discussed their wish to pursue the development of a similar facility for Roanoke County citizens. The Multigenerational Recreation Center has been included in the Capital Improvement Program for nine out of the last twelve years. The need for the Multigenerational Recreation Center was substantiated in the Roanoke County Parks and Recreation Master Plan, which included input from the community through surveys, focus groups and several community meetings in 2006. The Master Plan Process discovered that there is a high level of need for indoor recreation, fitness, water recreation and community recreation programs, all of which are encompassed in the scope of the proposed Multigenerational Recreation Center. After a thorough review of the conceptual proposal by the Board of Supervisors, the County Administrator and staff, the Board of Supervisors invited First Choice to submit a detailed design proposal for the development of the facility, the next step required under the PPEA process. In July, 2007, the County received the detailed design proposal. The detailed design proposal has been reviewed thoroughly by the County Administrator, staff, and Construction Dynamics Group, the firm that was retained by the County with the $50,000 fee submitted by First Choice to the County as required by the PPEA regulations. A tentative comprehensive agreement is currently being negotiated to deliver the Multigenerational Recreation Center to the citizens of Roanoke County and is very nearly complete. The PPEA regulations require a public notice to be posted on the County website or published in a newspaper ten working days prior to formal consideration by the Board of Supervisors that the tentative Comprehensive Agreement is open for public inspection. The Comprehensive Agreement is not final until officially approved by the Board of Supervisors in a meeting of the Board of Supervisors. We are very near this decision point in the process. The main purpose of today's work session is for First Choice Public Private Partners, through Project Architect Doug Westmoreland, to unveil the design concepts that have been developed in the proposal and refined through design meetings and subsequent negotiations. At the work session, the input of the Board of Supervisors will be welcomed and questions Board Members have will be answered. Current plans are to bring the Comprehensive Agreement forward for consideration by the Board of Supervisors at the August 28 Board Meeting. The work session will be introduced by Assistant County Administrator, Dan O'Donnell, followed by a brief explanation of the PPEA contracting process by Warren Walker of Construction Dynamics Group. Doug Westmoreland of First Choice Public Private Partners will then present the design concepts to the Board of Supervisors. It needs to be mentioned that the Multigenerational Recreation Center project is a major piece of a larger economic development initiative, the opening of a new 200 acre high quality business park along Wood haven Road in Northern Roanoke County. The Multigenerational Recreation Center would serve as an anchor at the entrance of the business park and its development would help provide vital infrastructure including, road improvements, water and sewer service to the business park. The comprehensive agreement for the Multigenerational Recreation Center between Roanoke County and First Choice Public Private Partners is one of three agreements that will have to be concluded in order to bring the business park and the Multigenerational Recreation Center to fruition. The second agreement being negotiated is the acquisition of the land from English Construction for the site of the Multigenerational Recreation Center. The third is a Public Private Partnership agreement with English Construction to provide necessary off-site infrastructure for the establishment of the new business park. Following the work session, it is proposed that the Board of Supervisors hold a closed session with the County Administrator and County Attorney in order to discuss the contract negotiations for these important and interrelated contracts. 2 ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 14, 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 member's 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.