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HomeMy WebLinkAbout11/13/2007 - Adopted Board Records Ac-rION NO. A-111307-1 rrEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: November 13, 2007 AGENDA ITEM: Request to approve an agreement with the Western Virginia Water Authority for the construction and operation of a New Fleet Maintenance (Garage) Facility SUBMITTED BY: Anne Marie Green Director of General Services APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. This agreement benefits both the County and the Western Virginia Water Authority. Authority vehicles will be serviced at the new county garage and this will keep the cost of fleet maintenance lower for both entities. The agreement with the Authority is the next step in moving forward with the new garage. -rhe design of the garage will be shared with the Board before it is submitted for construction bids and the construction contract will be brought to the Board for approval. SUMMARY OF INFORMATION: Roanoke County is planning for the construction and operation of a new fleet maintenance facility which will be located on Hollins Road in east Roanoke County and cost approximately $7.7 million. Since the formation of the Western Virginia Water Authority, the county garage has been servicing the Authority's vehicles at its current facility in Salem. Both the County and the Authority wish to continue this arrangement in the new facility, which will be in a location convenient for both parties. County staff has been working with the Authority to formalize an agreement for sharing costs and operations. Staff is requesting that the Board of Supervisors approve the attached agreement with the Western Virginia Water Authority. It is a 30-year agreement and the Authority's initial share of these costs is 300/0. Trlis percentage will change annually based upon each party's percentage share of the motorized vehicle fleet served by the facility. This cost sharing represents a contribution from the Authority for the capital costs for construction. Additionally, the Authority will be charged the same hourly rate for service as county departments, which will cover the operating costs of the garage. In addition to repair services, the Authority will also receive fleet management services, including assistance with specifications for vehicles, reports on performance of its fleet, suggestions for replacements, and surplusing of old vehicles using county procedures. If the Authority terminates this agreement within the first ten years of the agreement, the Authority shall pay one-half of the annual payments for the remainder of the initial ten year period. If the Authority terminates the agreement after the initial ten year term, no additional payment is required. The agreement provides for a Garage Oversight Committee that shall establish operating rules and procedures governing uniform priority status and establish annual and uniform rates and fees. Membership on this committee shall be proportional to the motorized vehicle fleet served by the facility. FISCAL IMPACT: None at this time. -rhe Board has previously appropriated funds for the acquisition of the real estate from Jannay and Garrison for this facility and on October 23, 2007, appropriated funds for the construction of this facility based upon the future issuance of revenue bonds. -rhis agreement will provide a source of 'future 'funding from the Western Virginia Water Authority for a portion of this project based upon the percentage of motorized vehicle usage by the County and the Authority. AL TERNATIVES: 1) Authorize the County Administrator to execute this agreement on behalf of Roanoke County. 2) Decline approval of this agreement. STAFF RECOMMENDATION: Staff recommends Alternative 1. 2 VOTE: Supervisor McNamara motion to approve staff reconlmendation (authorize the County Administrator to execute this agreement) Motion Approved Yes No Absent Mr. Wray D D ~ Mr. Church ~ D D Mr. Altizer ~ D D Mr. Flora ~ D D Mr. McNamara ~ D D cc: Anne Marie Green, Director, General Services Paul Mahoney, County Attorney 3 1 THIS AGREEMENT (the II Agreement") is made as of , 2007, by 2 and between the WESTERN VIRGINIA WATER AUTHORITY, a political subdivision 3 of the Commonwealth of Virginia (the" Authority") and the COUNTY OF ROANOKE, 4 VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), 5 WITNESSETH THAT: 6 WHEREAS, the Authority and the County propose to enter into an agreeme11t to 7 provide for the acquisition, building, equipping, funding and operating of a new Fleet 8 Maintenance Facility (the "Facility") to perform fleet maintenance on Authority and 9 County vehicles; and, 10 WHEREAS, the County estimates the total capital cost for the Facility to be 1 ] $7,700,000; and 12 WHEREAS, the County estimates the completion of the construction of the 13 Facility to be the Summer of 2009; and 14 WHEREAS, the Virginia Water and Waste Authorities Act, Title 15.2, Chapter 51, 15 9915.2-5100, et seq., Code of Virginia (the" Act"), provides full authority for the County 16 and the Authority to enter into this Agreement so as to enhance the Authority's ability 17 to perform its mission to supply, treat, distribute and transmit water and to collect and 18 treat wastewater; and, 19 WHEREAS, Section 5.4 of the June 30, 2004 Operating Agreement between the 20 Authority, the County and the City of Roanoke authorized the localities that created the 21 Authority to agree to provide vehicle maintenance services and fuel to the Authority, at 22 such reasonable rates as are mutually agreed to by the respective parties and may be 23 established either at the localities' respective garages or at the Roanoke County School 24 Division fuel facility; and, 11/13/07 WHEREAS, Section 15.2-1300 of the Code of Virginia, as amended, authorizes 2 the joint exercise of these powers by the Authority and the County to create, fund and 3 opcratc a garage for fleet maintenance; and 4 WHEREAS, the Authority and the County mutually agree as follows: 5 SECTION I. TERM. 6 The term of this Agreement shall be for thirty (30) years. Thereafter the term 7 shall be extended for successive terms of five (5) years under the same terms and 8 conditions unless and until one party provides the other party with one (1) year's 9 written notice of its intent to terminate this Agreement. 10 SECTION II. PURPOSE 11 The purpose of this Agreement is to provide for the acquisition, building, 12 equlppmg, funding and operating the Facility. The County shall provide fleet 13 maintenance services to the Authority upon the terms and conditions set out in this 14 Agreement. The County will be responsible to payor provide for the total capital cost of 15 the Facility. The Authority shall appropriate funds to assist in the acquisition, building, 16 equipping, funding and operating the Facility and shall receive certain operational cost 1 7 and priority services benefits in rehtrn. 18 SECTION III. AUTHORITY ACTIONS 19 1. rrhc Authority shall appropriate to the County annual payments 20 corresponding to the percentage of the Authority's portion of the total motorized fleet 21 expected to be maintained at the Facility. This percentage may change from year to year 22 based upon each parties' respective percentage of motorized vehicle fleet served by the 23 Facility during the previous year. This annual payment will be a percentage of the 24 principal and interest payments incurred by the County for the acquisition, constructing 11/13/07 2 and equipping of the Facility. At the time of the execution of this Agreement, the 2 Authority'! s percentage of the debt service is thirty (300/0) percent of the total principal 3 and interest payments incurred by the County for the financing of the construction and 4 equipping of the Facility. This percentage corresponds to the parties' estimate of the 5 Authority's portion of the total motorized fleet to be maintained at the Facility, and may 6 change from year to year based on the parties' respective usage during the preceding 7 year. The Authority shall pay its annual payment to the County fourteen (14) days before 8 the County is obligated to make its annual principal and interest paYl11ent on its thirty 9 (30) year revenue debt financing. 10 2. The County and the Authority shall use the Facility and 110 other facility 11 for the repair and maintenance of all of its vehicles which the Facility is capable of 12 providing during the term of this Agreement. The parties may agree to contract out 13 certain vehicle repairs. 14 3. The Authority shall pay the same repair and maintenance rates and fees 15 as those paid by the County, such to be paid within thirty (30) days of receipt of a billing 16 invoice. 17 18 1. SECTION IV. COIJNll' ACTIONS The County shall acquire real estate upon which the Facility can be 19 constructed. The County shall execute contracts to design and construct the Facility 20 upon the execution and delivery of this Agreement by the Authority and after 21 compliance with the Virginia Public Procurement Act and applicable County 22 procurement ordinances and regulations. The parties anticipate that the Facility shall 23 be completed and ready for occupancy and use within twenty four (24) months of the 24 date of execution of this Agreement. 11/13/07 3 2. The County, with the concurrence of the Garage Committee established 2 pursuant to paragraph 4. hereof, shall annually establish rates and fees for repair and 3 fleet maintenance services which shall be the same and offered on the same terms and 4 conditions for the Authority and the County. The establishment of the rates and fees 5 shall be based upon the recovery of the County's actual operating costs and expenses of 6 operating the Facility, and a reasonable capital reserve for repair and replacement for 7 the equipment and the Facility structure. If during any fiscal year there occurs a deficit 8 in the appropriated budget, then rates and fees shall be increased to address the deficit. 9 The County, with the concurrence of the Garage Committee, shall establish 10 uniform annual rates and fees no later than March 31 of each year to be effective for the 11 fiscal year beginning July 1 thereafter. 12 3. The County shall provide the Authority with the same priority for the 13 repair and maintenance of Authority vehicles as that provided to County vehicles. Front 14 line service provider vehicles shall have a priority based upon need, current situation, 15 availability of temporary vehicles, and type of repair required. The only department 16 with a higher service priority shall be front line public safety vehicles. 17 4. The County has established a Vehicle Resource and Garage Oversight 18 Committee (the "Garage Committee") to address fleet maintenance and garage facility 19 operational issues, and the Authority shall be entitled to voting membership on this 20 committee proportional to its motorized vehicle fleet served by the Facility. The 21 Authority's voting membership on this committee shall not exceed 50<10 of the total 22 committee membership. The County, with the concurrence of the Garage Committee, 23 shall jointly establish rates and fees, and develop standards and regulations governing 24 uniform priority status. 11/13/07 4 5. The County shall be responsible for the operation and maintenance of the 2 Facility. 3 6. The County will provide the following fleet management services: 4 vehicle maintenance, arrangement for and oversig11t of outside repairs, administration of 5 warranty service, advice on vehicle replacement, administration of surplus vehicle and 6 equipment disposition, inclusion of Authority vehicles in the County's Fleet 7 Management System, administration of the Fuelmaster and Wright Express fueling 8 systems, and the provision of parts at wholesale prices, plus an administrative mark-up 9 as determined by County, with the concurrence of the Garage Committee. 10 7. If during the term of this Agreement either party or both parties 11 determine that this Facility should be expanded to accommodate an increase in the size 12 of the fleet or to handle additional maintenance requirements, then the cost of that 13 expansion shall be allocated in accordance with the parties' respective needs for the 14 expanSIon. 15 SECTIONV. TERMINATION 16 1. This Agreement is subject to future annual appropriations by the Authority 1 7 and the County. If in any fiscal year either party's governing board fails to appropriate 18 sufficient funds for fleet maintenance services or for the operation of the Facility for the 19 following fiscal year, then it shall provide written notice to the other party at least ninety 20 (90) days before the end of that fiscal year. 21 2. If the Authority terminates this Agreement any time within the first ten (10) 22 years of this Agreement, then the Authority shall pay to the County one-half of the 23 annual payments remaining to be paid for the remainder of the initial ten (10) years of 11/13/07 5 the Agreement. If the Authority terminates this Agreement after the expiration of the 2 initial ten (10) years, then no further payment to the County is required. 3 4 5 6 7 3. Either party may terminate this Agreement by providing the other party with a one (1) year notice to terminate. 4. Upon termination the Authority shall not be entitled to any reimbursement payments, compensation or damages arising from such termination. 5. In the event the County determines to sell or otherwise convey the 8 Facility, the Authority shall have a right of first refusal to purchase the Facility on the 9 same terms and conditions as offered to the County by a responsible third party in an 10 arms length negotiation. 11 SECTION VI. ASSIGNMENT 12 The Authority shall not assign its rights or obligations under this Agreement, or 13 permit any other person or entity to use the fleet maintenance or repair services 14 provided under this Agreement, without first obtaining the County's written consent 15 and approval. 16 SECTION VII. CASUALTY AND DESTRUCTION 17 1 . If the Facility is damaged by fire or any other casualty during the Term~ 18 the County shall restore it with reasonable promptness (taking into account the time 19 required by the County to effect a settlement with, and to procure any insurance proceeds 20 from, any insurer against such casualty, but in any event within one hundred eighty (180) 21 days after the date of such casualty) to substantially the same condition immediately prior 22 to such casualty. 11/13/07 6 If the County undertakes to restore the Facility and such restoration is not 2 accomplished within the said period of one hundred eighty (180) days plus the period of 3 any extension thereof, as aforesaid, the Authority may terminate this Agreement by 4 giving written notice thereof to the County within thirty (30) days after the expiration of 5 such period. 6 2. If during the Term the Facility is so damaged by fire or any other casualty 7 that (i) it either is rendered substantially unfit for use and occupancy, as reasonably 8 determined by the County, or (ii) it new fleet maintenance and garage facility is 9 damaged to the extent that the County reasonably elects to demolish it, then in either 10 case Authority or County may elect to terminate the Term as of the date of the 11 occurrence of such damage, by giving written notice thereof to the other party wit11in 12 thirty (30) days after such date. 13 3. Notwithstand.ing anything to the contrary in this Agreement, the Authority 14 shall have the right to terminate this Agreement if any damage or destruction takes place 15 which at any time materially interferes with Authority's ability to access or use the 16 Facility. 17 SECTION VIII. NOTICES. 18 Any notice or other communication under or in connection with this Agreement 1 9 shall be in writing, and shall be effective when delivered in person or sent in the United 20 States mail, by certified mail return receipt requested, postage prepaid, to the following 21 persons or to such other persons as any of such persons may from time to time specify in 22 writing: 11/13/07 7 If to the Authority: 2 Executive Director of Water Operations 3 Executive Director of Wastewater Services 4 Western Virginia Water Authority 5 601 South Jefferson Street 6 Roanoke, Virginia 24011 7 8 If to the County: 9 10 11 County Administrator 12 County of Roanoke 13 5204 Bernard Drive, S.W. 14 Roanoke, Virginia 24018 15 16 SECTION VIVo GOVERNING LAW 17 18 This Agreement shall be governed by, and construed and enforced in accordance 19 with the laws of the Commonwealth of Virginia. 20 SECTION X AMENDMENTS 21 This Agreement may be changed or amended only with the mutual consent of 22 the County and Authority in writing. 23 SECTION XI. SEVERABILITY OF INVALID PROVISIONS 24 If any clause, provision of section of this Agreement is held to be illegal or 25 invalid by any court, the invalidity of the clause, provision or section will not affect any 26 of the remaining clauses, provisions or sections, and this Agreement will be construed 27 and enforced as if the illegal or invalid clause, provision or section had not been 28 contained in it. 29 SECTION XII. HEADINGS 30 Section and subsection headings in this Agreement are for convenience only and 31 are not to be construed as part hereof or in any way limiting or amplifying the provisions 32 hereof. 11/13/07 8 SECTION XIII. ENTIRE AGREEMENT; MODIFICATION 2 This Agreement constitutes and contains the entire agreement of the parties 3 hereto and supersedes any and all prior negotiations, correspondence, understandings, 4 and agreements between the parties respecting the subject matter hereof and may not be 5 modified, altered or changed in any manner whatsoever except by written agreement 6 between the parties hereto. 7 8 SECTION XIV. COUNTERPARTS. 9 This Agreement may be executed in several counterparts, each of which shall be 10 deemed an original, but all of which together constitute one and the same instrument. 11 12 WESTERN VIRGINIA WATER ALTTHORITY COLTNTY OF ROANOKE, VIRGINIA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By By Executive Director of Water Operations Elmer C. Hodge County Administrator By Executive Director of Wastewater Services APPROVED AS TO FORM: APPROVED AS TO FORM: Harwell M. Darby, Jr. Attorney for the Authority Paul M. Mahoney County Attorney 11/13/07 9 ACTION NO. A-111307 -2 ITEM NO. E-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT -rHE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEE-rING DATE: November 13, 2007 AGENDA ITEM: Request to approve the Route 220 Water line agreement with Franklin County and the Western Virginia Water Authority SUBMIT-rED BY: Paul M. Mahoney County Attorney COLtNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is a three party agreement between the Western Virginia Water Authority (WVWA) , Franklin County, and Roanoke County for the construction of a water line in the Route 220 corridor 'from Clearbrook to the Wirtz Plateau in Franklin County. The Authority will design, construct, and issue revenue bonds for this $5.5 million project. Roanoke County's share of this project is approximately $2.3 million. On April 16, 2007, the governing bodies of Franklin County, Roanoke County, and WVWA met and agreed by resolution to approve in principle the construction of this water line and its extension into Franklin County. This resolution also directed the appropriate officers of the participating jurisdictions to negotiate an agreement forthe development, financing and construction of this water line extension and that no jurisdiction would be bound until each has explicitly approved the terms and conditions of such an agreement. Staff has negotiated the attached agreement based upon the direction of the Board and the general discussion at the April 16, 2007, joint meeting and discussions in closed session. The term of this agreement is 20 years. Each County and WVWA shall share equally in availability fees for new connections to this water line extension within the Route 220 corridor. These availability fees will in part help pay for Roanoke County's share of this project. -rhe Route 220 corridor has been de'fined by Roanoke County in its recent amendment to the Comprehensive Plan. 1 A copy of the draft agreement is attached for Board review. FISCAL IMPACT: Roanoke County's share of this project is $2.3 million amortized over 20 years at 50/0 interest, or $185,361 per year principal and interest. AL TERNATIVES: 1. Approve the execution of the attached agreement by the County Administrator on behalf of Roanoke County, upon form approved by the County Attorney. 2. Decline to approve the attached agreement. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the approval of the Route 220 Water Line Agreement between Franklin County, Roanoke County, and the WVWA. VOTE: Supervisor McNamara motion to approve staff recommendation (approve the execution of the attached agreement by the County Administrator on behalf of Roanoke County, upon form approved by the County Attorney) Motion Approved Yes No Absent Mr. Wray D D ~ Mr. Church [8J D D Mr. Altizer [8J D D Mr. Flora ~ D D Mr. McNamara ~ D D cc: Paul Mahoney, County Attorney Rebecca Owens, Director, Finance Diane Hyatt, Chief Financial Officer 2 CONTRACT THIS CONTRACT dated as of , 2007, by and between the Western Virginia Water Authority, a public service authority formed and existing in accordance with the provisions of Chapter 51 of Title 15.2 of the Code of Virginia, 1950, as amended, the Virginia Water and Waste Authorities Act SS 15.2-5100-15.2-5158 (the "Act"), hereinafter referred to as the" Authority;" Franklin County, Virginia, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as "Franklin County;" and Roanoke County, Virginia, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as "Roanoke County" (collectively, the "Counties"). WI TN ~~~~ TH: WHEREAS, the Authority owns and operates an existing water treatment, transmission and distribution system with all complementary and appurtenant components to serve potable water approved by the Virginia Department of Health and has sufficient capacity to provide water, in addition to the citizens of Roanoke County, to tl1e citizens in portions of Franklin County. The Authority and the Counties agree that this contract affords an opportunity to extend the Authority's water distribution system within Roanoke County and into Franklin County to deliver public water serVIce to certain of the residents and businesses in the Counties. Initial service contemplated by this contract shall be generally extended from the current termination point of the Authority's water distribution system at the entrance of Sun Crest Heights Subdivision on Route 220 and then south along the Virginia State Route 220 right of 11/13/07 Page 1 of 13 way across the Roanoke-Franklin County line to the Franklin County area of Wirtz Plaza. Based on current projections, the initial water use in Franklin County is expected to be in the 30,000 gallons per day range and is expected to increase or decrease according to customer demand and development of the Authority's water distribution system in Franklin County; and, WHEREAS, the Authority and the Counties have determined that it is in their best interests to construct a twelve inch (12") water line extending the Authority's water distribution system from the current termination point of the Authority's water distribution system at the entrance of Sun Crest Heights Subdivision on Route 220 down the Route 220 corridor into Franklin County, generally in accordance with engineering plans to be developed by the Authority along Virginia State Route 220 to Wirtz Plaza (the "Water Line Extension"); and WHEREAS, all parties agree that the long term interests of the citizens of the Counties will be best served by the operation of the Water Line Extension in the Counties tl1rough the Authority; NOW THEREFORE, in consideration of the mutual benefits accruing to each party, the parties do hereby agree as follows: 1. Cost, Financing and Capital Contributions In Aid of Construction. The parties estimate for planning purposes that the cost of the Water Line Extension will be provided proportionately ilL accordance with the length of the Water Line Extension in Roanoke County and the length of the Water Line Extension in Franklin County. The 11/13/07 Page 2 of 13 parties anticipate that the Authority will issue bonds to finance the Water Line Extension, and that the Counties will contribute to their respective portions of the annual debt service paid to the Authority annually over the term of the bond issue C'Capital Contributions in Aid of Construction"), and that the bond issue will be secured by the respective proportionate moral obligations of Franklin County and of Roanoke County, Virginia. 2. Water Service Rates. The parties agree that all of the customers in Roanoke County connecting to the Water Line Extension and to other extensions in Roanoke County from the Water Line Extension, shall be customers of the Authority; they will pay the Authority's connection, availability and other fees; and that the Roanoke County customers will pay the Authority's published rates for water service. The parties further agree that all of the customers in Franklin County connecting to the Water Line Extension and to other extensions in Franklin County from the Water Line Extension shall be customers of the Authority; that they will pay the Authority's connection, availability and other fees; and that the Franklin County customers will pay Franklin County's published rates for water service (tl1e "Franklin County Rate"). The Authority and Franklin County agree that the Authority will, from the water service revenues received from businesses and citizens in Franklin County, retain 25 percent of the difference between the Franklin County rate and the published rate for businesses and citizens in Roanoke County (the "Rate Differential") and will pay Franklin County 75 percent of the Rate Differential. The 25 percent retainagc by the Authority is to 11/13/07 Page 3 of 13 account for flushing and operational costs associated with the underutilization of the main 12" water line. Based on the current estimated flushing rates the Authority and Franklin County will review and renegotiate the percentage split when the line volume averages materially decrease the need for flushing or gallon per day. 3. Availability Fees. One-half (1/2) of the Authority's availability fees received from customers connecting to the Water Line Extension in Roanoke County will be paid to Roanoke County by the Authority to repay Roanoke County's Capital Contributions in Aid of Construction over a twenty (20) year period, as and when they are collected, but no less frequently than monthly. Once Roanoke County's Capital Contributions in Aid of Construction are returned to Roanoke County, or at the end of the twenty (20) year period, whichever occurs sooner, the Authority will retain all of its availability fees. One-half (1/2) of the Authority's availability fees received from customers in Franklin County will be paid to Franklin County by the Authority to repay Franklin County's Contributions in Aid of Construction over a ten (10) year period as and when they are collected, but no less frequently than monthly. Once Franklin County's Contributions in Aid of Construction is returned to the County, or at the end of the ten (10) year period, whichever occurs sooner, the Authority will retain all of its availability fees. The parties agree and concur that for extensions greater than 1000 feet the Authority shall have the flexibility to enter into such agreements with developers and 11/13/07 Page 4 of 13 other providers of line extensions as may be necessary or convenient to assist the Authority and the developers in the development and payment of such line extensions and that for line extensions greater than 1000 feet the Authority shall have the ability to negotiate one half of the availability fees back to the developers to help finance the development of the line extensions. In such instances the Authority shall share only such availability fees with Roanoke County and with Franklin County as it actually receives from the water line extensions. 4. ST AG Grant Requirements. Franklin County shall retain ownership of the water line extension until construction is complete and all obligations regarding the State and Tribal Grant (STAG) Program have been satisfied. 5. Term. The term of this contract shall be twenty (20) years beginning , 2008, and ending 2028, unless renewed, terminated or otherwise extended as provided herein. At the end of year eight, the Authority and Franklin County shall mutually agree that Franklin County will continue to be a party to this contract for an additional term, or either can terminate Franklin County as a party to this contract as provided herein. The Authority and Franklin County shall notify each other of their intent to terminate or renew Franklin County's continuing to be a party. If neither the Authority or Franklin County notifies the other of its intent to terminate or renew this contract, it shall automatically and without further action on tl1e part of either the Authority or Franklin County be extended in two year increments, unless and until the Authority or Franklin County shall notify the other parties hereto at 11/13/07 Page 5 of 13 least one year in advance of its intent to cease to be a party to this contract at the end of the two year term. Should Franklin County cease to be a party hereto, it shall have the option to acquire and operate the Water Line Extension and all extensions made to the Water Line Extension within Franklin County (the "Franklin County Water System") at such price and on such terms as shall be negotiated with the Authority, but unlier no circumstances shall the payment to the Authority by Franklin County be less than the principal balance due on Franklin County's portion of the Authority's bond and any other indebtedness for the Franklin County Water System (the "Bonds") or any other capital improvement paid for by the Authority in Franklin County and the depreciated value of capital investments made by the Authority (less the face amount of the Bonds). The Franklin County Water System acquisition cost to Franklin County shall be based solely on the depreciated value of capital investments made by the Authority to improve the Franklin County Water System as shown on the Authority's books, as agreed upon by both the Authority and Franklin County. All system components, with the exception of water boosting stations and related mechanical components, shall be depreciated over a 50 year period and based on actual construction cost. Booster stations and mechanical related components shall be depreciated over a 25 year period and based on actual construction costs. Upon termination, Franklin County may at its own expense install master meters as approved by the Authority and purchase bulk water from the Authority at a price to be negotiated by the Authority and Franklin County. 11/13/07 Page 6 of 13 Approval of Extensions & Improvements to the Proposed System. Based on the Code of Virginia and Franklin and Roanoke County Rules, Ordinances, Regulations and Comprehensive Plans, future extensions into Franklin County and into Roanoke County must be approved by the respective County's Board of Supervisors and incorporated as part of this Contract as an addendum. Franklin County also agrees to cooperate with the Authority on such matters as regulation of the construction and operation of water systems, mandatory connections for new customers, and other legislative matters to provide the jurisdictional and legal basis for the development of the water line extensions and extensions from the water line extension consistent with the Authority's published rules and regulations. In no event shall the Authority approve any connections to the water line in Roanoke County until the County has completed a Route 220 Corridor Study and a review of the construction of these utility facilities for conformance with the County's Community Plan as required by Sec. 15.2- 2232. 6. Water Restrictions. If the Authority decides to restrict water usages or withdrawals due to droughts, emergencies, or other conditions or circumstances, any reductions or restrictions placed on water sold to Franklin County shall be the same as placed on all other Authority customers. 7. Quality. The quality and pressure of the water delivered under this contract shall provide fire flow and be the san1e as furnished the WVW A's customers and shall 11/13/07 Page 7 of 13 meet the requirements of the Virginia Department of Health and other state or federal agencies wl1ich have jurisdiction over public water supplies. 8. No Waiver. The failure of any party to insist upon strict performance of any of the terms or provisions of this Contract or to exercise any option, right or remedy contained in this Contract shall not be construed as a waiver or as a relinquislunent for the future of such term, provision, option, right or remedy. No waiver by any party of any term or provision of this Contract shall be deemed to have been made unless expressed in writing and approved by all parties. 9. Integration of Provisions. If any clause or provision of this Contract is or becomes illegal, invalid or unenforceable because of present or future laws or any rule or regulation of any govermnental body or entity, then the remaining parts of this Contract shall not be affected. 10. Governing Law. This Contract shall be construed under and shall be governed by the laws of the Commonwealth of Virginia. 11. Notices. All notices or other communications required or desired to be given with respect to this Contract shall be in writing and shall be delivered by hand or by courier service or Sel1.t by registered or certified mail, return receipt requested, bearing adequate postage and properly addressed as provided below. Each notice given by mail shall be deemed to have been given and received when actually received by the party intended to receive such notice or when such party refuses to accept delivery of such notice. Upon a change of address by any party, such party shall give written notice of 11/13/07 Page 8 of 13 such change to the other parties in accordance with the foregoing. Inability to deliver because of changed address or status of which no notice was given shall be deemed to be receipt of the notice sent effective as of the date such notice would otherwise have been received. To the Authority: Western Virginia Water Authority 601 S. Jefferson Roanoke, Virginia 24011 Attention: Executive Director With copy to: Harwell M. Darby, Jr. Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 (24001) 210 First Street, S.W., Suite 200 Roanoke, Virginia 24011 To Franklin County: Franklin County Board of Supervisors 40 East Court Street Rocky Mount, Virginia 24151 Attn: County Administrator With copy to: B. James Jefferson, Esquire 5 East Court Street, Suite No. 101 Rocky Mount, Virginia 24151 To Roanoke County: Roanoke County Board of Supervisors 11/13/07 Page 9 of 13 P. O. Box 29800 Roanoke, VA 24018-0798 Attl1: County Administrator With copy to: Paul M. Mahoney Roanoke County Attorney P. O. Box 29800 Roanoke, VA 24018 12. Binding on Successors. This Contract shall be binding upon and inure to the benefit of the Authority and both the Counties and their respective successors and assigns. 13. Subject to Future Appropriations. Tl1e obligations of the Counties under this Agreement shall be subject to and dependent upon appropriation being made from time to time by the Board of Supervisors of the Counties 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 indebted11ess 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 Counties under any provision of its Charter, as applicable, or the Constitution of Virginia. The failure of the governing body of the Counties to appropriate funds in any year for payment in full of the payments required by the Authority as herein provided or any other provision of this Agreement during such year shall ipso facto terminate this Agreement without any further liability on the part of the Counties off any kind, thirty 11/13/07 Page 10 of 13 (30) days after the Board of Supervisors of the Counties makes a final determination not to appropriate funds for this Agreement for the current fiscal year. 14 Entire Agreement. This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior understandings and writings. This Contract may be amended or modified only by a writing signed by the Authority and both the Counties. 15 Force Majeure. No party shall be liable for any failure to perform its non- monetary obligations under this Contract due to any cause beyond its reasonable control such as wars, riots, civil commotion, strikes, labor disputes, embargoes, natural disasters, and Acts of God or any other cause or contingency similarly beyond its control. 16 Including. In this Contract, whenever general words or terms are followed by the word "including" (or other forms of the word "include") and words of particular and specific meaning, the word "including" (or other forms of the word "include") shall be deemed to mean "including without limitation," and the general words shall be construed in their widest extent and shall not be limited to persons or things of the same general kind or class as those specifically mentioned in the words of particular and specific meanIngs. 17 Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall comprise but a single document. WESTERN VIRGINIA WATER AUTHORITY 11/13/07 Page 11 of 13 By: Its: CITY / COUNTY OF ) ) ) to - wit: ST ATE OF VIRGINIA The foregoing instrument was acknowledged before me this _ day of , 2007, by of the Western Virginia Water Authority. Notary Public My comn1ission expires: FRANKLIN COUNTY, VIRGINIA By: W. Wayne Angell, Chairman, Franklin County Board of Supervisors CITY / COUNTY OF ) ) ) to - wit: ST A TE OF VIRGINIA The foregoing instrument was acknowledged before me this _ day of , 2007, by W. Wayne Angell, Chairman of the Franklin County Board of Supervisors. Notary Public My commission expires: 11/13/07 Page 12 of 13 ROANOKE COLTNTY, VIRGINIA By: Joseph P. McNamara, Chairman, Roanoke County Board of Supervisors Approved as to form: Paul M. Mahoney, County Attorney CITY / COUNTY OF ) ) ) to - wit: STATE OF VIRGINIA The foregoing instrument was acknowledged before me this _ day of , 2007, by Joseph P. McNamara, Chairman of the Roanoke County Board of Supervisors. Notary Public My Commission expires: 11/13/07 Page 13 of13 AC1-ION NO. A-111307-3 ITEM NO. E-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PE-rERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: November 13, 2007 AGENDA ITEM: Request by David Shelor for increase in rental payment for easement on Fort Lewis Mountain SUBMITTED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: The request seems reasonable to me. Recommend approval. SUMMARY OF INFORMATION: Roanoke County owns and operates several tower sites for the E-911 communications system. One of those towers is located on Ft. Lewis Mountain, and the current access is across property owned by David and Constance Shelor. The Board of Supervisors authorized an agreement, dated May 31, 1996, to pay the Shelors $5,000 annually for use of a 4.6 mile access easement until such time that the County conveys a well lot next to the Shelor property to the Shelors in exchange for a permanent access easement. This conveyance has been held up by an ongoing title dispute. The 1996 agreement with the Shelors is attached. The county agreed to maintain the access road to the tower site and has spent about $15,000 since 2005 on gravel and labor for road improvements. Recently, Mr. Shelor contacted the County AdrTlinistrator and indicated that he believes it would be fair to increase the amount which the county pays to use the easement, due to the fact that over 10 years has passed since the original agreement. The Finance Department has used the Consumer Price Index to calculate inflation since 1996 and advises that the equivalent rent is $6,644 annually. FISCAL IMPACT: The funding for this easement, along with the maintenance of the road, comes from the E- 911 account. AL TERNATIVES: 1. Approve Mr. Shelor's request for an increase in his annual rent, and direct the County Attorney to continue his efforts to permanently resolve the title issue. 2. Do not approve Mr. Shelor's request, but direct the County Attorney to continue his efforts to permanently resolve the title issue so that the original agreement can be con--Ipleted. VOTE: Supervisor Church motion to approve the increase in rental payment to $6,644 per year Motion Approved Yes No Absent Mr. Wray D D ~ Mr. Church ~ D D Mr. Altizer ~ D D Mr. Flora ~ D D Mr. McNamara ~ D D cc: Paul Mahoney, County Attorney Rebecca Owens, Director, Finance Arnold Covey, Director, Community Development Anne Marie Green, Director, General Services 2 AT A REGULAR WIEE1-ING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, TUESDAY, NOVEMBER 13, 2007 RESOLUTION 111307-4 GRANTING A WAIVER UNDER SECTION 13-23 OF -rHE ROANOKE COUNTY CODE TO -rHE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. NOISE OF CHAPTER 13: OFFENSES - MISCELLANEOUS OF THE ROANOKE COUNTY CODE, OPPIDAN INVESTMENT COMPANY WHEREAS, High Country Concrete, a subcontractor for the construction of the Gander Mountain and Camping World retail stores for Oppidan Investment Company on a 40-acre site west of Plantation Road and south of Interstate 81 in Roanoke County, has requested a waiver of the County's noise ordinance as contemplated under Sec. 13-23. Undue hardship waiver. to permit the pouring of concrete floors for a three day period beginning on November 19, 2007, and ending November 21, 2007; and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance, Article II. Noise of Chapter 13: Offenses - Miscellaneous to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Sec. 13- 23 and after making certain alternative findings. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. In nlaking its determination as to whether to grant the requested waiver to High Country Concrete from the County's noise ordinance, the Board of Supervisors has considered the following factors: a. -rhe time of day the noise will occur and the duration of the noise: Beginning not earlier than 4:00 a.m. and ending not later than 12:00 a.m. on each day, beginning on Monday November 19,2007 through Wednesday, November 21, 2007. b. Whether the noise is intermittent or continuous: -rhe noise produced will be continuous during the hours of 4:00 a.m. and 12 a.m. of each day. c. The extensiveness of the noise: Construction noise may be extensive from time to time. -rhis schedule will allow for the least amount of inconvenience possible to corrlplete tt,is project. d. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: To achieve the desired goal of opening these retaH stores in the Fall of 2008, to complete construction activities prior to the onset of winter, to assure a controlled environment for placing and finishing concrete, and to minimize escalation of costs, this waiver is necessary. e. Other matters related to the impact of the noise on the health, safety and welfare of the corrlmunity and the degree of hardship resulting from enforcement of the ordinance: The hours of construction will minimize the duration of the construction period, benefiting adjoining residences and businesses. f. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The noise to be generated by this phase of construction of the Gander Mountain and Camping World retail stores is normal and expected for this type of operation. 2 2. The Board of Supervisors makes the following finding: Compliance with the provisions of the County's noise ordinance concerning the specific act of noise disturbance by construction machinery or operations under subsection (1) of Sec. 13-21. Specific acts as noise disturbance. or under the provision of Sec. 13-20. General prohibition. would produce serious economic hardship for High Country Concrete without producing any substantial benefit to the public either living in the area of this construction or generally. 3. That the provisions of Sec.13-21. Specific acts as noise, subsection (1) and Sec. 13-20. General prohibition. of Article II. NOISE of Chapter 13. OFFENSES- MISCELLANEOUS be WAIVED from November 19, 2007 until November 21,2007. 4. This Waiver is granted specifically to High Country Concrete, its officers, employees and agents for construction related activities at the Oppidan Investment Company site located on approximately 40 acres west of Plantation Road and south of Interstate 81 in Roanoke County, Virginia. 5. All construction vehicles and activities must enterthe property from Plantation Road and not from any adjoining residential streets. 6. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 7. That this Resolution shall be in full force and effect from its passage. 3 On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray A COpy TESTE: ~\/;J. ~ Wanda G. Riley, CPS Clerk to the Board of Supervisors cc: Doug Chittum, Director, Econon1ic Development Paul Mahoney, County Attorney Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning High Country Concrete 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, TUESDAY, NOVEMBER 13, 2007 ORDINANCE 111307-5 CONVEYING THE FORMER PUBLIC SAFETY CENTER TO THE ROANOKE COUNTY SCHOOL BOARD WHEREAS, the BoaJd of Supervisors acquired this property located at 5368 Peters Creek Road consisting of two parcels containing 2.281 acres and 3.723 acres from the School Board by deed dated October 15, 1990, and recorded in Deed Book 1337, page 1345; and WHEREAS, in August 1992, the Board conveyed the 2.281 acre parcel to the Virginia Public Building Authority for the State Forensics Lab; and WHEREAS, the remaining property served as the Public Safety Building until completion of the new Public Safety Building located on Cove Road in 2006; and WHEREAS, a Memorandum of Understanding between the Board of Supervisors and the School Board provided for the Boards to cooperate in the provision of a site for a new Public Safety Building in exchange for the then current Public Safety Building and the construction of a new warehouse for the School Board; and WHEREAS, this ordinance authorizes the conveyance of the former Public Safety Building (the former Southview Elementary School) located at 3568 Peters Creek Road to the Roanoke County School Board; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of tl1is ordinance was held on October 23, 2007, and the second reading was held on November 13, 2007. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the conveyance of a 3.72 acre parcel of real estate located at 3568 Peters Creek Road (Tax Map No. 37.10-1-21.2) to the Roanoke County School Board is hereby approved and authorized; and 2. That the County Administrator or Assistant County AdrTlinistrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Church to adopt tile ordinance, and carried by the following recorded vote: AYES: Supervisors Cl1urch, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray A COpy -rESTE: ~\)j.~ Wanda G. Riley, CPS Clerk to the Board of Supervisors Cc: Paul Mahoney, County Attorney Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Billy Driver, Director, Real Estate Valuation 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, TUESDAY, NOVEMBER 13, 2007 ORDINANCE 111307 -6 TO ACCEPT THE CONVEYANCE OF 89.82 ACRES OF REAL ESTA-rE (TAX MAP NO. 39.00-1-8) LOCATED ON READ MOUNTAIN FROM ALFRED AND BETH DURHAM TO THE BOARD OF SUPERVISORS WHEREAS, Alfred and Beth Durham wish to donate to the County a parcel of real estate consisting of 89.82 acres located on Read Mountain; and WHEREAS, this parcel is encumbered with a conservation easement in favor of the Western Virginia Land Trust that linlits the uses of this property; and WHEREAS, the Durhams will convey this property without cost to the County of Roanoke to protect this portion of Read Mountain for the benefit of the citizens of and visitors to the Roanoke Valley; and WHEREAS, the acceptance of this conveyance is consistent with the adopted Community Plan, and it will support the open space and viewshed protection policies and goals of the County and provide enhanced opportunities for passive recreational uses; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the 'first reading of this ordinance will be held on October 23, 2007, and the second reading will be held on November 13, 2007. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition by donation from Alfred and Beth Durham of a 89.82 acre parcel of real estate located on Read Mountain (Tax Map No. 39.00-1-8), is hereby authorized and approved. 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to acconlplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray A COpy TESTE: ~VJ.~ Wanda G. Riley, CPS Clerk to the Board of Supervisors Cc: Paul Mahoney, County Attorney Janet Scheid, Planner Arnold Covey, Director, Community Development Billy Driver, Director, Real Estate Valuation 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON l-UESDAY, NOVEMBER 13, 2007 RESOLUTION 111307-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON -rHE BOARD OF SUPERVISORS AGENDA FOR THIS DA-rE 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 November 13, 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 ttlrough 11 inclusive, as follows: 1. Approval of minutes for August 28, 2007, and October 9, 2007 2. Request from the Police Department to accept and appropriate a donation in the amount of $250 forthe Blue Ridge Regional Crash Investigation Team for traffic safety projects 3. Request from the Police Department and Sheriff's Office for acceptance of a Bureau of Justice Assistance Bulletproof Vest Partnership grant in the amount of $14,180 4. Resolution of appreciation to Ida-Lee R. Mcllwraith, Sheriff's Office, upon her retirement after twenty-five years of service 5. Request from the schools to appropriate $2,500, an increase in grant funding from the James Madison University TTAC, to be used for fees and materials related to Autism 6. Request from the schools to appropriate $30,180.78 from the Virginia Department of Education to the National Board Certified Teachers 7. Request from the schools to appropriate $10,937.28 from the Virginia Department of Education to testing and remediation accounts to replace local funds spent on the Project Graduation Surrlmer Academy 8. Request from the schools to appropriate $641320 from the 2007-2008 Virginia Tobacco Settlement Foundation Grant to provide Elementary Student Assistance Program services to reduce the use of tobacco and other drugs 9. Req uest from the schools to appropriate $6,713 from the 2007 Virtual Summer School revenue to pay for the unfunded portion of the 2007-2008 Blackboard license 10. Request to adopt a resolution approving a bank-qualified financing project in Roanoke County through the Craig County Industrial Development Authority (IDA) for the Girl Scouts of Virginia Skyline Council on Yellow Mountain Road 11. Confirmation and ratification of committee appointments 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 th is resol ution. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray A COpy TESTE: ~dJL \lI. ~ . anda G. Riley, CP . · Clerk to the Board of Supervisors Cc: Ray Lavinder1 Chief of Police Rebecca Owens, Director, Finance Lt. Steve Turner, Grant Coordinator, Police Department Gerald Holt, Sheriff Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Paul Mahoney, County Attorney 2 ACTION NO. A-111307-7.a ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CEN-rER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEE-rING DATE: November 13, 2007 AGENDA ITEM: Request 'from the Police Department to accept and appropriate a donation in the amount of $250 for the Blue Ridge Regional Crash Investigation Team for traffic safety projects SUBMIT-rED BY: James R. Lavinder Cllief of Police APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: A $250 check was donated by Chas. Lunsford Sons & Associates to the Roanoke County Police Department for use in traffic safety projects performed by the Blue Ridge Regional Crash Investigation Teams which is overseen by the Police Department. FISCAL IMPACT: None ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the donation from Chas. Lunsford Sons & Associates in the amount of $250. VOTE: Supervisor Altizer motion to approve staff recoITtmendation Motion Approved Yes No Absent Mr. Wray D D C8:1 Mr. Church C8:1 D D Mr. Altizer C8:1 D D Mr. Flora C8:1 D D Mr. McNamara C8:1 D D cc: Ray Lavinder, Chief of Police Rebecca Owens, Director, Finance Lt. Steve Turner, Grant Coordinator ACTION NO. A-111307-7.b ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: November 13, 2007 AGENDA ITEM: Request from the Police Department and Sheriff's Office for acceptance of a Bureau of Justice Assistance Bulletproof Vest Partnership grant in the amount of $14,180 SUBMITTED BY: James R. Lavinder, Chief of Police Gerald Holt, Sheriff APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Bureau of Justice, through Bulletproof Vest Partnership, assists local law enforcement agencies in the purchase of bulletproof vests for sworn law enforcement officers. The Bureau of Justice Assistance will pay for up to 50 percent of the cost of bulletproof vests that are purchased by localities. -rhe Roanoke County Police Department and the Roanoke County Sheriff's Office have applied for and been approved to receive $14,180 in grant funds to assist in the purchase of bulletproof vests. The Police Department requested reimbursement in the amount of $10,767.50, and the Sheriff's Office requested reimbursement in the amount of $3,412.50. The total of the two reimbursement requests is the grant award of $14,180. FISCAL IMPACT: Matching funds in the amount of $14,180 will be paid 'from existing funds in the Police Department and Sheriff's Office. AL TERNATIVES: None STAFF RECOMMENDA-rION: Staff recorTlmends acceptance of the Bureau of Justice Assistance Bulletproof Vest Partnership grant in the amount of $14,180. VOTE: Supervisor Altizer motion to approve staff recon"lmendation Motion Approved Yes No Absent Mr. Wray D D ~ Mr. Church [8J D D Mr. Altizer ~ D D Mr. Flora C8J D D Mr. McNamara C8J D D cc: Ray Lavinder, Chief of Police Lt. Steve Turner, Grant Coordinator, Police Department Gerald Holt, Sheriff Rebecca Owens, Director, Finance 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE FORIVIER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, NOVEMBER 13, 2007 RESOLUTION 111307-7.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO IDA-LEE R. McILWRAITH, SHERIFF'S OFFICE, UPON HER RETIREMENT AFTER TWENTY-FIVE YEARS OF SERVICE WHEREAS, Ida-Lee R. Mcllwraith was employed by Roanoke County on January 16, 1982, as a Deputy SI1eriff in the Sheriff's Office; and advanced to Corporal and Sergeant Deputy Sheriff; and WHEREAS, Sgt. Mcllwraith retired from Roanoke County on November 1, 2007, after twenty-five years and ten months of service; and WHEREAS, Sgt. Mcllwraith contributed to the betterment of operations in the Roanoke County/Salem Jail by assisting in the design and irrlplementation of programs, and WHEREAS, Sgt. Mcllwraith's assistance was instrumental to the success of the accreditation process for the Sheriff's Office; and WHEREAS, Sgt. Mcllwraith, through her en1ployn1ent 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 IDA-LEE R. MclLWRAITH for more than twenty-'Five years of capable, loyal, and dedicated service to Roanoke County; and FUR-rHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray A COpy TESTE: ~\);f. ~ anda G. Riley, CPS - . Clerk to the Board of Supervisors 2 ACTION NO. A-111307-7.d ITEM NO. J-5 AT A REGULAR rvlEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT -rHE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: November 13,2007 AGENDA ITEM: Request from the schools to appropriate $2,500 in grant funding from the James Madison University TT AC to be used for fees and materials related to Autism APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: James Madison University TTAC has agreed to provide funding of $2,500 to build local capacity and implement effective supports for students in Roanoke County Public Schools with Autism. This funding will be used to cover registration fees and instructional materials utilized to benefit students with Autism. FISCAL IMPACT: To increase the grant fund by $2,500 to be reimbursed upon submission of appropriate expenditures. AL TERNATIVES: None STAFF RECOMMENDA-rION: Staff recommends approval of the increase in the grant 'fund by $2,500 to cover expenses related to the Autism Program. VOTE: Supervisor Altizer nlotion to approve staff recommendation Motion Approved Yes No Absent M r. Wray D D C8J Mr. Church [8J D D Mr. Altizer C8J D D Mr. Flora ~ D D Mr. McNa,mara ~ D D cc: Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance ACTION NO. A-111307-7.e ITEM NO. J-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEE-rING DATE: November 13, 2007 AGENDA ITEM: Request from the schools to appropriate $30,180.78 from the Virginia Department of Education to the National Board Certified Teachers APPROVED BY: Elmer C. Hodge County Adnlinistrator COUNTY ADMINISTRATOR1S COMMENTS: SUMMARY OF INFORMATION: Roanoke County received $30,180.78 from the state to be distributed to the National Board Certified Teachers instead of paying the teachers directly as in the past. However, this money is less than they normally receive, due to funding cuts. The cost for the Board to supplenlent the original amounts would be a total of $4,819.22, which will be taken out of the personnel budget. FISCAL IMPACT: The personnel budget will decrease by $4,819.22 AL TERNATIVES: None STAFF RECOMMENDATION: Staff recorr~mends approval of the appropriation of $30,180.78 to the National Board Certified Teachers and approval of the transfer of $4,819.22 from the personnel budget to supplement this amount to make the teachers whole. VOTE: Supervisor Altizer motion to approve staff recoITlmendation Motion Approved Yes No Absent Mr. Wray D D ~ Mr. Church ~ D D M r. Altizer ~ D D Mr. Flora ~ D D Mr. McNamara ~ D D cc: Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance ACTION NO. A-111307-7.f ITEM NO. J-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: November 13, 2007 AGENDA ITEM: Request 'from the schools to appropriate $10,937.28 from the Virginia Department of Education to testing and remediation accounts to replace local funds spent on the Project Graduation Summer Academy Elmer C. Hodge County Administrator APPROVED BY: COUNTY ADMINIS-rRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Education has notified Roanoke County Schools that it has been allocated funding in the amount of $1 0,403.28 to reimburse students and the division for the cost of industry cerl:i'fication exams incurred during the 2008 fiscal year. FISCAL IMPACT: The Career and Technical Education Budget will be increased by $10,403.28. ALTERNATIVES: None STAFF RECOMMENDA-rION: Staff recorrlmends appropriation of $10,403.28 to the Career and Technical Education Budget. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Absent Mr. Wray D D ~ Mr. Church ~ D D Mr. Altizer ~ D D Mr. Flora [8] D D Mr. McNamara ~ D D cc: Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance ACTION NO. A-111307-7.Q ITEM NO. J-8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CEN-rER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEE-rING DATE: November 13, 2007 AGENDA ITEM: Request 'from the schools to appropriate $64,320 from the 2007-2008 Virginia Tobacco Settlement Foundation Grant to provide Elementary Student Assistance Program services to reduce the use of tobacco and other drugs APPROVED BY: Elnler C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is the sixth year that the schools have been awarded the Virainia Tobacco Settlement Foundation (VTSF) Qrant which allows us to provide Elementary Student Assistance Program services. The grant offers money with the intent of reducing the use of tobacco and other drugs in our youth. Understanding the age at which children are most likely to begin smoking and other risky behaviors, the schools have chosen to provide every student in grades four and five the Life Skills Training curriculum during a series of classrooITI presentations. Subjects include decision-making, smoking information, dealing with stress, advertising, and communication skills. The schools 2006 Youth Risk Behavior Survey indicated that we have inlproved attitude by 5 percent in the "rejection of smoking" by current middle schoorers. -rhis survey also noted that smoking has decreased nearly 6 percent for the current middle schoolers who went through tl1is program. The VTSF grant pays one-half of the annual salaries of three full-time Elementary Student Assistance Program professionals, and the County pays the remainder. The grant also provides the printing of approximately 8,000 bookmarks, created from posters made by fourth graders with anti-smoking messages and distributed free to schools and public libraries. FISCAL IMPACT: The VTSF grant for 2007-2008 is $64,320. The schools total "match" is $50,001. AL TERNATIVES: None STAFF RECOMMENDA-rION: Staff recommends approval of the appropriation of $64,320 to provide Elementary Student Assistance Program services. VOTE: Supervisor Altizer motion to approve staff recorTlmendation Motion Approved Yes No Absent Mr. Wray D D ~ Mr. Church ~ D D Mr. Altizer ~ D D M r. Flora ~ D D Mr. McNamara ~ D D cc: Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance 2 ACTION NO. A-111307-7.h ITEM NO. J-9 AT A REGULAR MEE1-ING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: Noverrlber 13, 2007 AGENDA ITEM: Request from the schools to appropriate $6,713 from the 2007 Virtual Summer School revenue to pay for the unfunded portion of the 2007-2008 Blackboard license APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: A budget for the 2007 Virtual Summer School was built based on anticipated revenue of $49,800. Due to increased enrollment, the actual revenue was $80,950. Staff recommends that $6,713 of this additional revenue be used to pay the unfunded portion of the 2007-2008 Blackboard license FISCAL IMPACT: The 2007-2008 budget will be increased by $6,713. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends adding $6,713 to the 2007-2008 budget from the unanticipated summer school revenue. VOTE: Supervisor Altizer motion to approve staff recoITlmendation Motion Approved Yes No Absent M r. Wray D D ~ Mr. Church ~ D D Mr. Altizer [8J D D Mr. Flora [8J D D Mr. McNamara ~ D D cc: Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board Rebecca Owens, Director, Finance AT A REGULAR MEETING OF -rHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, NOVEMBER 13, 2007 RESOLUTION 111307 -7.i APPROVING A BANK-QUALIFIED FINANCING PROJECT IN ROANOKE COUNTY THROUGH THE CRAIG COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE GIRL SCOUTS OF VIRGINIA SKYLINE COUNCIL ON YELLOW MOUNTAIN ROAD WHEREAS, the Industrial Development Authority of Craig County (the "Authority") has considered the application of Girl Scouts of Virginia Skyline Council, Inc. (the "Borrower") requesting the issuance of one or more of the Authority1s revenue bonds or notes in an an10unt not to exceed $4,000,000 (the uBonds") to assist in financing the acquisition, construction, renovation and equipping of (a) a tract of land of approximately 63 acres, (b) a building now located thereon and containing approximately 21 ,000 square feet and (c) buildings and other structures to be constructed thereon, which may include lodges, cabins, an aquatics center, a manager's residence, an outdoor pavilion, an amphitheater and other improvements (such land, existing building, other buildings and structures and equipment therefor being referred to, collectively, as the "Project"), to be used by the Borrower as a Girl Scout program center, located at 5488 Yellow Mountain Road, in Roanoke County, Virginia (the "County"), the Project will be owned and operated by the Borrower (except that a portion of the Project may, on an occasional basis, be leased to entities or individuals to be used for business and individual gatherings), and the Authority has held a public hearing thereon; and WHEREAS, it has been requested that the Board of Supervisors of the County (the "Board") approve the financing of the Project and the issuance of the Bonds, and such approval is required for compliance with Section 147(f) of the Internal Revenue Code of 1986, as amended; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1. The Board approves the financing of the Project and the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by said Section 147(f), to pern""iit the Authority to assist in the financing of the Project. The Board concurs with the inducement resolution adopted by the Authority on October 31, 2007 with respect to the Bonds and the Project. 2. The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement of the Bonds, the creditworthiness of the Borrower or the economic viability of the Project. The Bonds shall provide that neither the Commonwealth of Virginia (the uCommonwealth") nor any political subdivision thereof, including the County, Craig County (the "Locality") and the Authority, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the Locality, the County and the Authority, shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. 2 On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray A COpy TESTE: ~~.~ Wanda G. Riley, CPS Clerk to the Board of Supervisors Cc: Paul Mahoney, County Attorney Alton L. Knighton, \.Ir., Woods Rogers PLC, Attorneys at Law I hereby certify that the foregoing is a true and correct copy of Resolution 111307-7. i adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote with Supervisor Wray absent on Tuesday, November 13, 2007. Brenda J. Holton, CMC, Deputy Clerk 3 Ac-rION NO. A-111307-7.i rrEM NO. J-11 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DA'"rE: November 13, 2007 AGENDA ITEM: Confirmation and ratification of comrrlittee appointments 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. Blue Ridge Behavioral Healthcare Board of Directors The three-year term of Linda Manns, Roanoke County member, will expire on December 31, 2007. Ms. Manns was completing the unexpired term of Roger Laplace and is now eligible to serve a full three-year term. Ms. Mann has advised that she is willing to serve an additional term. It was the consensus of the Board to place confirmation of her appointment on the consent agenda. The three-year term of Mrs. Dana Barnes Lee, member at large, will expire on December 31,2007. The member at large n1ust be confirmed by the Cities of Roanoke and Salem. Mr. Tim Steller, Executive Director, has advised that the Blue Ridge Behavioral Healthcare Board recommends that Mrs. Lee's appointment be ratified. It was the consensus of the Board to place ratification of her appointment on the consent agenda. 2. Capital Improvement Program (CIP) Review Committee (appointed by district) The one-year term of Brian Garber, Windsor Hills District, expired on August 31, 2007: Supervisor McNamara advised that Wes Thompson has agreed to serve on the CIP Committee representing the Windsor Hills Magisterial District. It was the consensus of the Board to place confirmation of his appointment on the consent agenda. 3. Grievance Panel The three-year term of Lee Blair, Alternate, expired on October 10, 2007. The Clerk's Office has determined that Ms. Blair is eligible for reappointment and is willing to serve an additional term. Her reappointment is recommended by Joe Sgroi, Director of Human Resources. It was the consensus of the Board to place confirmation of her appointment on the consent agenda. 4. Library Board (appointed by district) The four-year term of Josie Eyer, Catawba Magisterial District, will expire on December 31, 2007. Ms. Eyer is not eligible for reappointment since she has served three consecutive terms. Supervisor Church advised that Herman Lowe has agreed to serve on the Library Board, representing the Catawba Magisterial District. It was the consensus of the Board to place confirmation of his appointment on the consent agenda. 5. Roanoke COIJnty Planning Commission (appointed by district) Supervisor McNamara advised that David Radford has agreed to serve the term left vacant by the death of AI Thomason, representing the Windsor Hills Magisterial District. Mr. Thomason's term will expire December 31, 2008. It was the consensus of the Board to place confirmation of his appointment on the consent agenda. 6. Roanoke Valley Resource AIJthority The four-year term of Anne Marie Green will expire on December 31, 2007. It was the consensus of the Board to reappoint Ms. Green to the RVRA and to place confirmation of her appointment on the consent agenda. 2 VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Absent Mr. Wray D D rgJ Mr. Church rgJ D D Mr. Altizer rgJ D D Mr. Flora rgJ D D Mr. McNamara rgJ D D cc: Blue Ridge Behavioral Healthcare Board of Directors Capital Improvement Program (CIP) Review Committee Grievance Panel Library Board Roanoke County Planning Commission Roanoke Valley Resource Authority 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, TUESDAY, NOVEMBER 13,2007 RESOLUTION 111307 -8 APPROVING AND ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN FOR ROANOKE COUNTY, VIRGINIA, INCORPORATING THE ROUTE 220 CORRIDOR STU DY WHEREAS, on October 2, 2007, the Planning Commission held a public hearing on an amendment to the Comprehensive Plan incorporating the Route 200 Corridor Study, after advertisenlent and notice as required by Section 15.2-2204 of the Code of Virginia, and on October 16, 2007, adopted a resolution recommending that the Board of Supervisors review and adopt a revised Comprehensive Plan for Roanoke County; and WHEREAS, on November 13, 2007, the Board of Supervisors held a public hearing on an amendment to the Comprehensive Plan incorporating the Route 220 Corridor Study, after advertisement and notice as required by Section 15.2-2204 of the Code of Virginia; and WHEREAS, Roanoke County, Virginia, has a long and successful history of community planning that has emphasized citizen involvement and participation; and WHEREAS, Section 15.2-2223 of the Code of Virginia requires that the Planning Commission of every jurisdiction shall prepare and recommend a conlprehensive plan for the physical development of their jurisdiction; and WHEREAS, Section 15.2-2229 of the Code of Virginia provides for amendments to the comprehensive plan by the Planning Commission if so directed by the Board of Supervisors; and 1 WHEREAS, on April 16, 2007, the Board of Supervisors of Roanoke County directed the Planning Commission and County staff to conduct a Route 220 corridor study to address transportation and growth issues arising from the construction of a 12 mile waterline extension along route 220 into Franklin County to determine if this public utility extension is substantially in accord with the Comprehensive Plan; and WHEREAS, the Planning Commission has reviewed and recommended an amendment to the Comprehensive Plan for Roanoke County entitled "Route 220 Corridor Study", and said plan has been prepared in accordance with Sections 15.2- 2223, 2224, and 2229 of the Code of Virginia; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Corrlprehensive Plan is hereby amended by the adoption of the Route 220 Corridor Study, including future land use scenario #3, dated November 13, 2007, and incorporating this study into the Plan. 2. That this Resolution is effective from and after November 13, 2007. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Church, Altizer, Flora, McNamara NAYS: None ABSENT: Supervisor Wray A COpy TESTE: ~d.L \Jf. ~, Wanda G. Riley, CPS Clerk to the Board of Supervisors 2 Cc David Holladay, Senior Planner Arnold Covey, Director, Community Development Paul Mahoney, County Attorney Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Developtment Services 3