HomeMy WebLinkAbout12/4/2007 - Adopted Board Records
ACTION NO.
A-120407-1
ITEM 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
MEE-rING DATE:
December 4, 2007
AGENDA ITEM:
Request to adopt a policy for the granting of easements across
County property
SUBMITTED BY:
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMM'ARY OF INFORMATION:
-rhe Board directed County staff to recommend changes in the method for determining the
value of easements across County property. Attached is a draft policy for consideration by
the Board of Supervisors.
Previously, the County had determined the valuation of easements based upon the tax
assessment value of the easement reduced by 40 percent. This 40 percent reduction was
based upon the belief that underground utilities would have a lesser impact upon the
remaining value of the property since the landowner could still enjoy the benefit of the
surface use of his/her property. This method was used by the County to acquire water and
sewer easements when the utility department was part of the County.
During the past year, the County has received several requests for easements across
County park property. Neither the Board nor County staff believes that the method
described above adequately protects the public's interest in County property. -rhe draft
policy would analyze these requests utilizing several factors focusing upon adequate
compensation for the use of public property, compatibility with other public uses, an
examination of other alternatives, and minimizing harm to the public property.
This policy establishes a fee schedule including adrrlinistration and plan review, site
inspection, and construction permits. It also imposes fees for resodding/mulching/sodding
and minimum monetary assurance (bond, letter of credit, cash escrow). This fee schedule
also establishes a formula for determining the "permanent easement fee". This formula is
based upon the square foot value of the land based upon the County tax assessment, with
a minimum fee of $2.00 per square foot. In the alternative, the County may retain an
independent appraiser to deterrrline the value of the easement.
Finally, the County should also consider the future revenue producing potential of the
proposed non-public use of County land.
AL TERNA-rIVES:
1. Adopt the attached policy for the granting of easements across County property.
2. Continue to use the existing 40 percent reduction from the County tax assessment
formula.
3. Direct staff to develop a different policy.
STAFF RECOMMENDATION:
It is recommended that the Board favorably consider the adoption of the attached policy.
VOTE:
Supervisor Altizer motion to approve staff recommendation
Motion Approved
Yes No Abs
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
Peter Haislip, Director, Parks, Recreation and Tourism
Arnold Covey, Director, Community Development
Billy Driver, Director, Real Estate Valuation
Anne Marie Green, Director, General Services
Rebecca Owen, Director, Finance
Terrie Cochran, Executive Secretary
2
POLICY FOR THE GRANTING OF EASEMENTS
ACROSS COUNTY PROPERTY
Roanoke County shall require adequate compensation for the use of County
property for other than public purposes based upon the extent of the impact, the
sensitivity of impacted areas, the loss or diminution of future public uses and
length of time that County activities may be disrupted. Roanoke County shall
consider request for easements by private parties for non-public uses of County
land only under the following conditions:
1. Where the County has determined that the proposed use or facility IS
compatible with other planned or existing public uses and the subject site, or
2. When it has been determined that there is no feasible or prudent
alternative to the use of County property for this specified purpose; and
3. All possible planning to minimize harm is included in the proposed project.
In addition the County shall require monetary assurances (e.g. bond, letter of
credit, cash escrow) of the requesting agency, corporation, and/or individual to
insure compliance with easement requirements including restoration of impacted
areas.
The County shall also consider the future revenue producing potential of the
proposed non-public use of County land.
The County Administrator or his designee is authorized to develop minimum
requirements for easement plans, site or project plan requirements, and
restoration plans for easement requests.
The Board hereby establishes the following schedule of fees and charges, which
are in addition to the County's development review and inspection fees, for
easements across County property:
Temporary Construction Easement Fee
$1,000
Determined by the following formula
($2.00 per square foot minimum).
Formula is "Permanent Easement Fee"
= Roanoke County tax assessment
value/square feet X Total Area of
Easement (square feet).
The greater amount of $0.50/sq. ft. or
500/0 of the Permanent Easement Fee
Administration and plan review fee
Permanent easement fee
Site inspection fee
$50/hour (maximum of 10 hours
included in Construction Permit Fee)
Construction permit fee $1,000
Monetary assurance minimum $5,000
Reseeding/mulching/sodding fees $5/$5/$10 per square yard
In the alternative when determining the permanent easement fee, the County
may retain an independent appraiser to determine the valuation of the easement.
The County may also consider in-kind public improvements in lieu of the payment
of the permanent easement fee.
ACTION NO.
A-120407-2
ITEM NO.
E-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
MEETING DATE:
December 4, 2007
Acceptance of a $797,940 Grant from the Southern Rivers
Watershed Enhancement Program and Appropriation of
Grants Funds to the Western Virginia Water Authority for the
Extension of Sanitary Sewer in the Andrew Lewis Place
Neighborhood
AGENDA ITEM:
SUBMITTED BY:
Elmer C. Hodge
County Administrator
SUMMARY OF INFORMA-rION:
Andrew Lewis Place neighborhood in the Glenvar area currently relies on aging septic
tanks for sewer service and an increasing number of these tanks have failed in recent
years. In response to this problem, the Western Virginia Water Authority (WVWA) applied
for a grant through the Southern Rivers Watershed Enhancement Program to fund the
extension of sanity sewer into Andrew Lewis Place.
The Board of Supervisors adopted a resolution of support for this grant application on July
24, 2007. On October 11, 2007, Governor Kaine announced the award of a $797,940
water quality improvement grant to Roanoke County. The grant will be administered
through the Virginia Department of Housing and Comnlunity Development (DHCD). The
Board has designated WVWA as its agent for bidding, construction and administration of
this grant project. WVWA has agreed to pay the local match of $25,395.
The grant monies awarded to the County will fund the extension of a main sewer line into
Andrew Lewis Place. -rhis neighborhood includes approximately 100 residences. The
grant provides sufficient funding to make sanitary sewer service available to 41 properties
on Andrew Avenue, Evelyn Drive, McDaniel Drive, and Ellen Drive (see attached map).
This service area was selected to maximize the number of residential properties served.
The County and WVWA will continue to pursue additional grants to fund further extension
of sanitary sewer service in this neighborhood.
Several pre-contractual submittals must be completed before DHCD will release the funds.
County staff will move ahead on these items with the acceptance of the grant by the Board.
As part of the pre-contractual requirements, the County must certify that approximately
80010 of the households in the service area will join the sanitary sewer system. Residents
have previously expressed a high level of interest in connecting to the system. The County
and WVWA are scheduled to meet with residents on the evening of DecerTlber 6,2007 to
provide information and to discuss the process of obtaining user agreements from
households as required by DHCD.
Each participating household will pay the cost of abandoning the septic tank and extending
plumbing fron1 the residence to the property line; the total cost for this work including the
$1,000 WVWA availability fee is estimated to be about $4,000 per property. Without the
funds provided by the grant, each household would be responsible for roughly $20,000 in
costs to extend the sewer main, plus the additional $4,000.
In order to reduce up-front connection costs for residents, it n1ay be necessary for the
County to provide up to $25,000 in grant funding to the WVWA. This funding would
support the efforts of the County and the WVWA to develop a financing plan that will
enable as many households as possible to participate in the program. The County has
used financing plans for similar projects in the past and they have been very successful.
Any future County grant appropriation to the WVWA will be brought to the Board for
consideration, and any payment program financed by the County will require the approval
of the Board and a future appropriation of funds.
Staff is requesting that the Board of Supervisors accept the $797,940 grant and
appropriate the grant funds to the Western Virginia Water Authority for the design and
construction of this sanitary sewer extension project. Since this appropriation exceeds
$500,000, it will be necessary for the Board to hold a public hearing on amending its 2007-
2008 budget to reflect this transaction.
The deadline for completing pre-contractual requirements with the state is February 18,
2008. Staff is requesting that the Board authorize the County Administrator or his designee
to execute any documents with the Commonwealth of Virginia and the WVWA that are
necessary to carry out this project.
FISCAL IMPACT:
Acceptance of a grant in the amount of $797,940, and appropriation of this grant to the
WVWA.
AL TERNA-rIVES:
1) Authorize the acceptance of this grant in the amount of $797,940 from the
Commonwealth of Virginia, Department of Housing and Community Development, for the
extension of sanitary sewer in Andrew Lewis Place neighborhood; appropriate these grant
funds to the WVWA for the bidding, construction and administration of this grant project;
and authorize the County Adrrlinistrator or his designee to execute such documents as may
2
be necessary to accomplish the purposes of this project, upon form approved by the
County Attorney.
2) Refuse acceptance of this grant.
STAFF RECOMMENDATION:
Staff recommends Alternative 1.
VOTE:
Supervisor Church motion to approve staff recommendation
Motion Approved
Yes No Absent
Mr. Wray ~ 0 0
Mr. Church ~ 0 0
Mr. Altizer ~ 0 0
Mr. Flora ~ 0 0
Mr. McNamara ~ 0 0
cc: Paul Mahoney, County Attorney
Diane Hyatt, Chief Financial Officer
Rebecca Owens, Director, Finance
Arnold Covey, Director, Community Development
Jean Thurman, Secretary, Western Virginia Water Authority
Mike McEvoy, Executive Director, Wastewater Operations, Western Virginia
Water Authority
3
ACTION NO.
A-120407 -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 PETERS CREEK ROAD, ROANOKE, VA
MEETING DATE:
December 4, 2007
AGENDA ITEM:
Request to accept and appropriate grant funds in the amount
of $11 0,000 from the Virginia Department of Conservation and
Recreation for the Mudlick Creek Urban Stream Restoration
Project in Garst Mill Park
SUBMITTED BY:
George W. Simpson, III, P.E.
County Engineer
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Commonwealth of Virginia Department of Conservation and Recreation (OCR) awards
competitive grants to localities and other organizations for the purpose of restoring and
improving the quality of state waters under the Virginia Water Quality Improvement Act of
1997 (WQIA). A grant in the amount of $148,000 was awarded to the Department of
Community Development and accepted by the Board in September 2006 for Phase I of the
Mudlick Creek Urban Stream Restoration Project. This grant is for $110,000 for Phase II
and will bring the total grant amount to $258,000 for the project allowing us to restore the
entire reach of Mudlick Creek through Garst Mill Park. See "Exhibit A".
The project began with the acquisition of a grant of $230,000 from DCR in 2000 to
construct a regional stormwater management facility at the Hidden Valley High School site
and is part of our "watershed" approach to addressing water quantity and quality concerns
in the Mudlick Creek watershed. Our goal has been to examine multiple ways to enhance
water quality, including using "low impact development" techniques, working with state
agencies, and utilizing sound stormwater management procedures. The project consists of
the restoration of approximately 2,900 linear feet of stream and will include natural
techniques such as re-creation of meanders, utilization of the floodplain to reduce stream
erosion, restoration and protection of in-stream habitat, planting of native vegetation, and
enhancement of the riparian buffer. The anticipated goal is to reduce pollutant loadings in
Mudlick Creek, which will also serve to reduce pollutants in the Roanoke River which is on
the impaired waters list.
This project has multiple benefits for Roanoke County in the areas of Environmental
Awareness, Public Education, and Community Participation, and has the added benefit of
improving the heavily used Garst Mill Park with respect to safety, environmental quality,
and aesthetics. There are currently eroded areas of the stream that pose serious issues for
people who frequent the park. This project is a partnership effort between the Department
of Community Development and the Department of Parks, Recreation, and Tourism and
both departments have pledged staff and resources to plan and construct this project. The
vast majority of the work is planned to be accomplished with in-house labor from both
crews. We hope to learn techniques for addressing water quality issues in an urban stream
setting that can be applied to other areas of the county in our goal to improve the
environment for the citizens of Roanoke County.
FISCAL IMPACT:
Grant funds of $110,000 will be appropriated to the project. It is anticipated that the
majority of the work will be accomplished with crews from the Department of Parks,
Recreation, and Tourism and the Department of Community Development. This in-kind
work is estimated to be worth $144,782.
AL TERNATIVES:
Alternative 1: Accept the grant, appropriate the $110,000 to the project, and authorize staff
to continue with Phase II of the project.
Alternative 2: Decline the grant at this point in time.
STAFF RECOMMENDATION:
Staff recommends Alternative 1.
2
VOTE:
Supervisor McNamara motion to approve staff recommendation
Motion Approved
Yes No Absent
Mr. Wray rgJ D D
Mr. Church rgJ D D
Mr. Altizer rgJ D D
Mr. Flora rgJ D D
Mr. McNamara rgJ D D
cc: George W. Simpson, III, County Engineer
Paul Mahoney, County Attorney
Rebecca Owens, Director, Finance
Pete Haislip, Director, Parks, Recreation and Tourism Department
Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
3
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ACTION NO.
A-120407 -4
ITEM NO.
E-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
MEETING DATE:
December 4, 2007
AGENDA ITEM:
Request to appropriate a maximum of $175,000 to the
Roanoke County School Board for architect/engineering fees
for the renovation of the former Southview Elementary School
SUBMITTED BY:
Elmer C. Hodge
County Administrator
SUMMARY OF INFORMATION:
At the November 13, 2007 Board of Supervisors meeting, Roanoke County conveyed the
former public safety building on Peters Creek Road (previously Southview Elementary
School) to the School Board. This conveyance was part of a land exchange with the
Schools which traded the Southview property for the parcel on Cove Road where the new
Public Safety Center is located.
The School Board plans to renovate the Southview building and has interviewed
architectural firms which estimate that the design work for the renovation can be completed
for a maximum of $350,000. The County has offered to contribute one half the costs of the
architectural and engineering fees for this project, up to a maximum contribution of
$175,000.
Neither the County nor the Schools are obligated to move forward with construction on the
basis of this design work.
The Board has requested more information concerning how the Southview renovation will
affect other projects on the School Board's Capital Improvements Plan (CIP). It might be
useful to schedule a joint work session in early 2008 for discussion of capital projects with
the School Board.
FISCAL IMPACT:
Appropriation of a maximum of $175,000 from the Minor Capital Fund.
1
ALTERNATIVES:
1) Appropriate a maximum of $175,000 to the Roanoke County School Board for Roanoke
County's share of architecUengineering fees for the renovation of the former Southview
Elementary School, and request that the School Board provide the Board of Supervisors
with an updated Capital Improvements Plan that reflects the addition of the Southview
renovation project.
2) Decline to appropriate the funds.
STAFF RECOMMENDATION:
Staff recommends Alternative 1.
VOTE:
Supervisor Church motion to approve staff recommendation
Motion Approved
I Yes No Absent
I
Mr. Wray ~ D D
Mr. Church ~ D D
Mr. Altizer ~ D D
Mr. Flora r2J 0 0
Mr. McNamara ~ D 0
cc: Paul Mahoney, County Attorney
Billy Driver, Director, Real Estate Valuation
Rebecca Owens, Director, Finance
Dr. Lorraine Lange, School Superintendent
Brenda Chastain, Clerk, School Board
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 TUESDAY,
DECEMBER 4, 2007
RESOLUTION 120407-5 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR
THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for December 4,
2007, designated as Item I - Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 10
inclusive, as follows:
1. Approval of minutes for October 23, 2007
2. Resolution of appreciation to Patricia B. Steahly, Social Services, upon her
retirement after ten years of service
3. Request to accept the donation of a 20-foot drainage easement by Henley
Green and Jill Green, the current owners of Lot 7 (Tax Map No. 24.02-02-07) of
Green Farms, Plat Book 30, Page 127, Catawba Magisterial District
4. Request to accept the donation of a 10-foot drainage easement from Russlen
Farms Development, LLC, on Lots 4 through 10 of Woods Hill at Russlen
Farms, Section 1, Catawba Magisterial District
5. Approval of Philip Services Superfund Site smaller party settlement agreement
and allocation of funds
6. Confirmation of appointment of Brian Hooker, Catawba Magisterial District, to
the Capital Improvement Program (CIP) Review Committee
7. Confirmation of appointment of Mike Jeffrey, Cave Spring Magisterial District, to
the Capital Improvement Program (CIP) Review Committee
8. Confirmation of reappointment of Gary Jarrell, Hollins Magisterial District, to the
Roanoke County Planning Commission
9. Confirmation of reappointment of Rodney McNeil, Cave Spring Magisterial
District, to the Roanoke County Planning Commission
10. Confirmation of appointments to the Western Virginia Regional Jail Authority
That the Clerk to the Board is hereby authorized and directed where required by law
to set forth upon any of said items the separate vote tabulation for any such item pursuant
to this resolution.
On motion of Supervisor Altizer to adopt the Consent Resolution with Item 8
removed for discussion, and carried by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
On motion of Supervisor Flora to approve Item 8, and carried by the following
recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
Mary V. Br n t, CPS
Assistant uty Clerk to the Board
cc: Paul Mahoney, County Attorney
Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
Rebecca Owens, Director, Finance
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 TUESDAY,
DECEMBER 4, 2007
RESOLUTION 120407-5.a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO PATRICIA B,
STEAHL V, SOCIAL SERVICES, UPON HER RETIREMENT AFTER TEN
YEARS OF SERVICE
WHEREAS, Patricia B. Steahlywas employed by Roanoke County on July 1,1997,
as a social worker for the Social Services Department; and
WHEREAS, Ms. Steahly served four years as the Comprehensive Services Act
Coordinator for the County of Roanoke and the City of Salem, and six years as a Child
Protective Services social worker; and
WHEREAS, Ms. Steahly retired from Roanoke County on November 1,2007, after
ten years and four months of service; and
WHEREAS, Ms. Steahly, through her employment with Roanoke County, has been
instrumental in improving the quality of life and providing services to families and children.
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 PATRICIA B. STEAHL Y for more than ten 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.
On motion of Supervisor Altizer to adopt the resolution, and carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Wray, Church, Altizer, Flora, McNamara
None
2
ACTION NO.
A-120407-5.b
ITEM NO.
1-3
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:
December 4, 2007
AGENDA ITEM:
Request to accept the donation of a 20-foot drainage
easement by Henley Green and Jill Green, the current owners
of Lot 7 (Tax Map No. 24.02-02-07) of Green Farms, Plat Book
30, Page 127 and located in the Catawba Magisterial District.
SUBMITTED BY:
Arnold Covey
Director, Community Development
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This consent agenda item involves acceptance of the following easement conveyed to the
Board of Supervisors of Roanoke County for a new 20-foot drainage easement in Green
Farms in the Catawba Magisterial District of Roanoke County:
Donation of a 20-foot drainage easement by Henley Green and ..Iill Green
the current owners of Lot 7 (Tax Map No. 24.02-02-07) of Green Farms,
Plat Book 30, Page 127. The location of the donated 20-foot drainage
easement is shown in Exhibit A.
The drainage easement is to encompass and provide maintenance access to an existing
public storm drain that releases into a natural watercourse.
FISCAL IMPACT:
No County funding is required.
STAFF RECOMMENDATION:
The staff recommends that the Board approve the request to accept the donation of the
20-foot drainage easement on Lot 7, Green Farms, as shown in Exhibit A.
VOTE:
Supervisor Altizer motion to approve staff recommendation
Motion Approved
Yes No Absent
I Mr. Wray r:g] D 0
Mr. Church r:g] D D
Mr. Altizer r:g] D 0
Mr. Flora r:g] D D
Mr. McNamara r:g] D 0
cc: Paul Mahoney, County Attorney
Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
2
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Acceptance of the donation of a
20-foot drainage easement
Green FaIffiS, Lot 7
Plat Book 30, Page 127
fax Map No 24.02-02-07
Scale: 1 """100'
EXHIBIT A
ROANOKE COUNTY
DEPLRTMENT OF
COMMUNITY JJEr"ELOPltlENT
Request to accept a donation of a 20- foot drainage easement
Green Farms, Lot 7 (Tax Map No, 24.02-02-07)
Plat Book 30, Page 127
ACTION NO.
A-120407 -5.c
ITEM NO.
1-4
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.
MEETING DATE:
December 4, 2007
AGENDA ITEM:
Request to accept the donation of a 10-foot drainage
easement from Russlen Farms Development, LLC, on Lots 4
through 10 of Woods Hill at Russlen Farms, Section 1,
Catawba Magisterial District.
SUBMITTED BY:
Arnold Covey
Director of Community Development
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This consent agenda item involves the acceptance of a 10-foot drainage easement
conveyed to the Board of Supervisors of Roanoke County from Russlen Farms
Development, LLC. The new drainage easement would be across Lots 4 through 10 of
Woods Hill at Russlen Farms, Section 1, in the Catawba Magisterial District as shown in
Exhibit A. The drainage easement is to encompass and provide additional maintenance
access to an existing public storm drain that was installed with this development.
FISCAL IMPACT:
None.
ALTERNATIVES:
1. Accept the donated 1 O-foot drainage easement across Lots 4 through 10 of Woods
Hill at Russlen Farms, Section 1.
2. Take no action at this time.
STAFF RECOMMENDATION:
Staff recommends Alternative 1.
VOTE:
Supervisor Altizer motion to approve staff recommendation
Motion Approved
Yes No Absent
I [gJ D D
Mr. Wray
Mr. Church [gJ D D
Mr. Altizer [gJ D D
Mr. Flora [gJ D D
Mr. McNamara [gJ D D
cc: Paul Mahoney, County Attorney
Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Philip Thompson, Deputy Director, Planning
2
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NO SCALE
NORTH
Acceptance of the donation ofa new 10-foot drainage easement
Woods Hill at Russ\en Farms, Section 1, (Lots 4 thru 10)
Recordation Instrument No. 2007-10235
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New 10' x 480' Drainage Easement
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WOODS MEADOW
Woods Hill at Russlen Farms, Section 1
Lot 4 Tax Map No. 056.03-09-05
Lot 5 Tax Map No. 056,03-09-06
Lot 6 Tax.Map No 056.03-09-07
Lot 7 T axMap No. 056 03-09-08
Lot 8 Tax Map No. 056,03-09-09
Lot 9 TaxMap No. 056 03-09-010
Lot 10 Tax Map No. 056.03-09-011 Scale: 1"= 80'
EXHIBIT A
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ROANOKE COUNTY Request to accept a donation of a new 1 O-foot drainage easement
lJEP.A..RTMENT OF Woods Hill at Russlen Farms, Section 1 (Lots 4 thm 10)
COMMUNIYY EEVE.LOPMENTRecordation Instillment No. 2007-10235
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ACTION NO.
A-120407 -5.d
ITEM NO.
1-5
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:
December 4, 2007
AGENDA ITEM:
Approval of Philip Services Superfund Site smaller party
settlement agreement and allocation of funds
SUBMITTED BY:
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In March of 2007 various volunteer fire and rescue stations received a notice and a
settlement proposal from the Philip Services Superfund Site PRP Group (an association of
over 125 "Potentially Responsible Parties" or PRPs) who joined together to respond to
allegations by the South Carolina Department of Health and Environmental Control that
they are liable for cleanup of the former Philip Services facility in Rock Hill, South Carolina.
Hazardous substances contaminated soil and groundwater at the site, which preliminary
estimates indicate could cost as much as $25 million to clean up. The settlement proposal
is an opportunity to resolve liability for a nominal payment.
Hazardous waste manifests indicate that Cave Spring Fire Station, Mt. Pleasant Fire &
Rescue, Masons Cove Fire & Rescue, Catawba Fire & Rescue, Ft. Lewis Fire & Rescue,
and Bent Mountain Fire & Rescue shipped hazardous substances to the Philip Services
site in October 1997.
The company that handled these wastes for the County (PetroChem) was a subsidiary of
Philip Services Corporation. Philip Services Corporation (PSC) and its subsidiaries
declared bankruptcy in 2003. South Carolina and the United States settled with PSC and
its subsidiaries before the PRP group was formed and before any PRPs were notified of
their potential liability. PSCs and its insurers' settlement called for a $4.2 million payment
into a trust fund for environmental response costs. This will not be sufficient to pay for the
remedy needed at the site and South Carolina expects the PRPs to fund the remedial
design and remedial action that will be necessary.
By settling now the County avoids and resolves: (1) all past and future costs of the cleanup
including administrative and legal costs; (2) the risk of remediation costs overruns and
unanticipated conditions; and (3) the cost of defending a contribution action by the PRP
group and governmental enforcement action. Failure to settle now could subject the
County to liability for past and future costs and claims associated with this site.
The settlement agreement with the PRP Group provides that the PRP Group shall
negotiate with the State of South Carolina for a judicially approved consent decree that
provides a covenant not to sue and contribution protection for the settling smaller parties
(which includes the County) and creates no obligation to perform any remedial action or
incur any response costs other than the settlement payment. If a consent decree is not
judicially approved and entered by January 2, 2009, the payment shall be refunded from an
escrow account established for this purpose.
FISCAL IMPACT:
$4,290 from the Board Potential Litigation Account
ALTERNATIVES:
1. Approve the proposed settlement for a nominal sLIm.
2. Refuse to approve the settlement and litigate liability and cost allocation issues over the
next several years.
STAFF RECOMMENDATION:
It is recommended that the Board authorizes the County Administrator to execute the Philip
Services Corporation Superfund Site smaller party settlement agreement on behalf of
Roanoke County and the fire and rescue stations identified and that it allocate the sum of
$4,290 from the Board Potential Litigation Account for this settlement.
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2
VOTE:
Supervisor Altizer motion to approve staff recommendation
Motion Approved
Yes No Absent
M r. 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
3
3
ACTION NO. A-120407-5.e
ITEM NO. 1-6
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
MEETING DATE:
December 4,2007
AGENDA ITEM:
Confirmation of appointment of Brian Hooker, Catawba
Magisterial District, to the Capital Improvement Program (CIP)
Review Committee
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 King Harvey, Catawba District, expired on August 31,2007:
Supervisor Church appointed Brian Hooker as the Catawba Magisterial District
representative. It was the consensus of the Board to place confirmation of his
appointment on the consent agenda as Item 1-6.
VOTE:
Supervisor Altizer motion to approve
Motion Approved
Yes No Absent
Mr. Wray [8J D D
Mr. Church [8J D D
Mr. Altizer [8J D D
Mr. Flora [8J D D
Mr. McNamara [8J D D
cc: Capital Improvement Program (CIP) Review Committee
ACTION NO. A-120407-5.f
ITEM NO. 1-7
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:
December 4, 2007
AGENDA ITEM:
Confirmation of appointment of Mike Jeffrey, Cave Spring
Magisterial District, to the Capital Improvement Program (CIP)
Review Committee
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 James T. Anderson, Cave Spring District, expired on August 31 ,
2007. Mr. Anderson has advised that he does not wish to serve an additional term.
Supervisor Wray appointed Mike Jeffrey as the Cave Spring Magisterial District
representative. It was the consensus of the Board to place confirmation of his
reappointment on the consent agenda as Item 1-7.
VOTE:
Supervisor Altizer motion to approve
Motion Approved
Yes No Absent
I Mr. Wray [gJ 0 0
I Mr. Church [gJ D 0
Mr. Altizer [gJ 0 0
Mr. Flora [gJ 0 0
Mr. McNamara [gJ 0 0
cc: Capital Improvement Program (CIP) Review Committee
ACTION NO. A-120407-5.Q
ITEM NO. 1-8
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:
December 4, 2007
Confirmation of appointment of Gary Jarrell, Hollins Magisterial
District, to the Roanoke County Planning Commission
AGENDA ITEM:
SUBMITTED BY:
Wanda G. Riley, CPS
Clerk to the Board
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County Planning Commission (Appointed by District)
The four-year term of Gary Jarrell, Hollins Magisterial District, will expire on December
31, 2007.
Supervisor Flora reappointed Mr. Jarrell to serve as the Hollins Magisterial District
representative. It was the consensus of the Board to place his appointment for
confirmation on the consent agenda as Item 1-8.
VOTE:
Supervisor Flora moved to approve
Motion Approved
Yes No Absent
Mr. Wray rgJ D D
Mr. Church rgJ D D
Mr. Altizer rgJ D D
Mr. Flora rgJ D D
Mr. McNamara rgJ D D
cc: Roanoke County Planning Commission
2
ACTION NO. A-120407-5.h
ITEM NO. 1-9
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:
December 4, 2007
AGENDA ITEM:
Confirmation of appointment of Rodney McNeil, Cave Spring
Magisterial District, to the Roanoke County Planning
Commission
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. Roanoke County Planning Commission (Appointed by District)
The four-year term of Rodney W. McNeil, Cave Spring Magisterial District, will expire on
December 31, 2007.
Supervisor Wray reappointed Mr. McNeil as the Cave Spring Magisterial District
representative. It was the consensus of the Board to place confirmation of his
appointment on the consent agenda.
VOTE:
Supervisor Altizer moved to approve
Motion Approved
Yes No Absent
M r. Wray ~ D D
Mr. Church ~ D D
Mr. Altizer ~ D D
Mr. Flora ~ D D
Mr. McNamara ~ D D
cc: Roanoke County Planning Commission
2
ACTION NO. A-120407-5.i
ITEM NO. 1-10
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:
December 4, 2007
AGENDA ITEM:
Confirmation of appointments to the Western Virginia Regional
Jail Authority
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. Western Virginia Regional Jail Authority
The one-year terms of Richard C. Flora, elected representative; Michael W. Altizer,
alternate elected representative; John M. Chambliss, administrative official; and Diane
D. Hyatt, alternate administrative official, will expire on December 31, 2007.
Supervisor Flora nominated Michael W. Altizer as the elected representative, Joseph B.
Church as the alternate elected representative, John M Chambliss as administrative
official, and Diane D. Hyatt as alternate administrative official. It was the consensus of
the Board to place these appointments for confirmation on the consent agenda as Item
1-10.
VOTE:
Supervisor Altizer moved to approve
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: Western Virginia Regional Jail Authority
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 TUESDAY,
DECEMBER 4, 2007
RESOLUTION 120407-6 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.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
AC