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HomeMy WebLinkAbout1/8/2008 - Adopted Board Records AT A REGULAR MEE1-ING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 8, 2008 RESOLUTION 010808-1 ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 2008 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 2008, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 p.m. unless otherwise advertised. Tuesday, January 8, 2008 at 3 pm Tuesday, January 22, 2008 at 3 pm and 7 pm Tuesday, February 12, 2008 at 3 pm Tuesday, February 26, 2008 at 3 pm and 7 pm Tuesday, March 11, 2008 at 3 pm Tuesday, March 25, 2008 at 3 pm and 7 pm Tuesday, April 8, 2008 at 3 pm Tuesday, April 22,2008 at 3 pm and 7 pm Tuesday, May 13, 2008 at 3 pm Tuesday, May 27, 2008 at 3 pm and 7 pm Tuesday, June 10, 2008 at 3 pm Tuesday, June 24, 2008 at 3 pm and 7 pm Tuesday, July 8, 2008 at 3 pm Tuesday, July 22, 2008 at 3 pm and 7 pm Tuesday, August 12, 2008 at 3 pm Tuesday, August 26, 2008 at 3 pm and 7 pm Tuesday, September 9, 2008 at 3 pm Tuesday, September 23, 2008 at 3 pm and 7 pm Tuesday, October 14, 2008 at 3 pm Tuesday, October 28, 2008 at 3 pm and 7 pm Tuesday, November 11, 2008 at 3 pm and 7 pm Tuesday, December 2, 2008 at 3 pm Tuesday, December 16, 2008 at 3 pm and 7 pm 2. That the organizational meeting for 2009 shall be held on Tuesday, January 13, 2009 at 2:00 p.m. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: ~W.'-R~ Wanda G. Riley, CPS '--. Clerk to the BoaJd of Supervisors cc: Paul Mahoney 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 8, 2008 RESOLUTION 010808-2 OF APPRECIATION TO JOSEPH P. McNAMARA FOR HIS SERVICE AS CHAIRMAN OF THE BOARD OF SUPERVISORS IN 2007 WHEREAS, Joseph P. McNamara served as Chairman of the Roanoke County Board of Supervisors during 2007; and WHEREAS, during Mr. McNamara's term as Cha.irman, the following noteworthy achievements took place: )- The groundbreaking and construction of the Western Virginia Regional Jail scheduled to open in 2009 and the dedication of the new Public Safety Center; )- New commercial and industrial investments of $53 million, another $84 million in residential investments, and the creation of approximately 2,000 new jobs; )- Approval of a bond sale scheduled in early 2008 to cOlTlplete the financing for a series of major capital improvement projects designed to promote public safety and irrlprove the quality of life for County citizens including the South County library, new fleet maintenance facility, multigenerational recreation center, North County fire station, and the 800 MHz radio upgrade; > Donations of over 1 00 acres of land on Read Mountain and adjacent to Happy Hollow Park to expand the County park system as well as continued improvements in County park facilities and the expansion of the greenway system within the County; > Expansion and improvement of the County's water management through an agreement with Franklin County and the Western Virginia Water Authority to extend a water line along Route 220 into Franklin County and approval of Phase II of the West Roanoke River Flood Mitigation project; )- Amendment of the Roanoke County Comprehensive Plan to include a new chapter on stormwater management and the updated greenway conceptual plan; )- School capital projects including the renovation of Northside High School, an upgrade of the technology infrastructure and telephone system, installation of security systems in all County schools, the installation of Astroturf at Bogle Stadium, and the purchase of land for a future school; )- Various prestigious awards for the Departments of Parks, Recreation, and Tourism; Economic Development; the Purchasing Division of Finance; and Management and Budget; )- The successful completion of Operation Titan Security, a multi-jurisdictional, 'full- scale exercise simulating a response to a school shooting/hostage situation conducted at Hidden Valley High School that enabled key agencies to evaluate the decision-making process for a coordinated response operation; and WHEREAS, Chairman McNamara worked diligently throughout the year to represent the citizens of Roanoke County by emphasizing sound financial strategies and practices and promoting regional projects and initiatives to benefit all the residents of the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its deepest appreciation to JOSEPH P. McNAMARA for his service as Chairman during 2007 and for his belief in democracy and championing of citizen participation in local government. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, Flora NAYS: None ABSTAIN: Supervisor McNamara A COpy TESTE: I ~~~,~~'1C~ Clerk to the Board of Supervisors 2 ACTION NO. A-010808-3 ITEM NO. G-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 8, 2008 AGENDA ITEM: Request to accept and appropriate a grant in the amount of $430,000 from the Virginia Department of Fire Programs and $350,000 'from other sources for the construction of a new burn buildin,g. SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINIS-rRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 1998, Roanoke County entered into an agreement with Roanoke City, City of Salem, and the Town of Vinton to build the Roanoke Valley Regional Fire/EMS Training Center and use a portion of each locality's State Fire Program Fund to repay the $1.9 million construction loan. This agreement provided a funding formula that allocated a portion of the construction loan applicable to each locality. This formula is still used today to share annual operating revenue for the facility. The success of this venture is demonstrated every day by the increased usage of the facility by not only the four localities included in the agreement, but also outside fire/rescue agencies and other departments. The facility operates day and night and often on the weekends. Training props have been improved or added throughout the years and the grounds now host a confined space maze, technical rescue props, trench rescue mock, and a burn building. The current burn building is over 20 years old and has had several renovations through the years. It has reached the end of its useful life and it is now imperative that this critical training prop be replaced with a new, state-of-the-art structure. The four localities have once again jointly pursued funding through the Virginia Department of Fire Programs with much success. A grant in the amount of $430,000 was awaJded to the localities to fund the new construction of a burn building on the Kessler Mill Road site. Further details of the grant are contained in the attached documentation from the Virginia Department of Fire Programs (attachments 1 & 2). Estimates show that an additional $350,000 is needed to fully fund an adequate new structure. Utilizing the existing formula, each locality will be responsible for a portion of this additional cost as follows: Roanoke County Roanoke City City of Salem Town of Vinton Total 44% $154,000 440/0 $154,000 80J'c> $ 28,000 40/0 $ 14.000 1000/0 $350,000 By replacing this critical training structure, the entire facility will continue along the successful path it currently follows, providing training for the Roanoke Valley jurisdictions and beyond. FISCAL IMPACT: The projected cost of the new Burn Building Training Prop is $780,000, with $430,000 funded by a grant from the Virginia Department of Fire Programs. The additional $350,000 will be split among the four original jurisdictions using the funding formula established in the Roanoke Valley Regional Fire Training agreement. The financing recommendation is to add the County's 440/0 portion of the additional funds needed, or $154,000, to the existing insurance reserve fund loan balance of $213,559 which will be repaid at a rate of $60,000 per year with revenue from the State Fire Programs Fund. No new County money would be required fron1 the General Fund budget. Staff are currently working on a memorandum of agreement with the participating localities and will bring this back to the Board for approval at a future meeting. STAFF RECOMMENDATION: Accept and appropriate funds for the construction of a new burn building from the followings sources: a. $430,000 in grant funds from the Virginia Department of Fire Programs b. $154,000 from the County's insurance reserve fund, to be added to the existing loan balance of $213,559, and to be repaid at a rate of $60,000 per year from the funds received 'from the State Fire Programs Fund. The debt would be repaid over the next six years. c. $196,000 from the participating localities of City of Roanoke, City of Salem and Town of Vinton 2 VOTE: Supervisor Church motion to approve staff recommendation Motion Approved Yes No Absent Ms. Moore ~ D D Mr. Church ~ D D Mr. Altizer ~ D D Mr. McNamara ~ D D Mr. Flora ~ D D cc: Rick Burch, Chief of Fire & Rescue Rebecca Owens, Director, Finance Clerks of Roanoke, Sa.lem, and Vinton 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER AT 5204 BERNARD DRIVE, ROANOKE, VIRGINIA, TUESDAY, JANUARY 8,2008 ORDINANCE 010808-4 AUTHORIZING THE EMERGENCY RELOCATION OF THE NORTHSIDE VOTING PRECINCT WHEREAS, Section 24.2-310 D of the Code of Virginia, 1950, as amended, provides that if a polling place becomes inaccessible due to an emergency, that the electoral board shall provide an alternative polling place subject to the prior approval of the State Board of Elections; and WHEREAS, Section 24.2-307 of the Code of Virginia, 1950, as amended mandates that the governing body of each county shall establish the polling place for each precinct in that jurisdiction by ordinance; and WHEREAS, the Northside High School building has recently become unavailable for use as a polling place for the February 12, 2008 Presidential Primary due to problems with the renovations to this building; and WHEREAS, the former Public Safety Building (formerly the Southview Elementary School) at 3568 Peters Creek Road is available to serve as the new polling place for the Northside precinct; and WHEREAS, an en1ergency exists due to the urgent need to notify voters in the Northside precinct of the new location of their polling place which necessitates the adopting of this Ordinance on an emergency basis in accordance with the Roanoke County Charter; a,nd WHEREAS, the first reading of this ordinance was held on January 8, 2008; and the second reading of this ordinance has been dispensed with, since an emergency exists, upon a 4/5ths vote of the members of the Board. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That an emergency exists due to the continued unavailability of the Northside High School as the polling place for the Northside precinct of the Catawba Magisterial District of Roanoke County. 2. That the former Public Safety Building at 3568 Peters Creek Road is hereby designated as the polling station for the Northside precinct, Catawba Magisterial District for the February 12, 2008 Presidential Primary. 3. That the General Registrar for the County of Roanoke, Virginia, is hereby authorized to take all measures necessary to comply with Virginia law and regulations regarding a change in a polling precinct and for reasonable notification to the voters of the Northside precinct of this change in their polling location. 4. That the County Administrator and the General Registrar are hereby authorized and directed to take such others actions as may be necessary to accorrlplish the intent of this Ordinance. 5. That this Ordinance shall take effect immediately. The first reading of this ordinance was held on January 8, 2008; and the second reading of this ordinance has been dispensed with since a,n emergency exists, upon a 4/5ths vote of the members of the Board. 2 On motion of Supervisor Church to waive the second reading and adopt the ordinance as an emergency measure upon a four-fifth (4/Sth) vote of the Board, and carried by the following recorded vote: A YES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COpy TESTE: ~~ Vd. V(~ Wanda G. Riley, CPS Clerk to the Board of Supervisors cc: Judy Stokes, General Registrar 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINIS-rRATION CENTER, ON TUESDAY, JANUARY 8,2008 RESOLUTION 010808-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L- 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 January 8, 2008, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 2 inclusive, as follows: 1. Request from the schools to accept and appropriate grant funding and reirrlbursements totaling $84,631.96 2. Request from the state to appropriate $75,674 to the Clerk of the Circuit Court for fiscal year 2007-2008 That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Moore, Church, Altizer, McNamara, Flora None A COpy TESTE: ~e~c~kr Clerk to the Board of Supervisors cc: Rebecca Owens, Director, Finance Brenda Chastain, Clerk, School Board Dr. Lorraine Lange, School Superintendent Steve McGraw, Clerk of Circuit Court ACTION NO. A-010808-5.a ITEM NO. L-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 8, 2008 AGENDA ITEM: Request from the schools to accept and appropriate grant funding and reimbursements totaling $84,631.96 APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools requests that the Board accept and appropriate the following grants and contributions: 1. Roanoke County Schools received a grant from the Allstate Foundation to support a parent education initiative for the Driver Education program in Roanoke County Schools. This initiative is a cooperative effort between the Roanoke County Public Schools, the Roanoke County Police Department, Allstate Insurance and the Allstate Foundation. The purpose of this program is to develop and ilTlprove safe driving habits for our teen drivers. The focus of this program will be to: · Increase parental involvement in the education of our teen drivers. · Create awareness of the parent's responsibilities in the student's driver education and licensing process. · Create opportunities for better partnerships between teens and their parents in developing responsible drivers. · Develop a better understanding of the impact of driver behavior on the community. The grant from the Allstate Foundation will support the continuation of the Partnering for the Privilege Safe Teen Driving program initiated in 2006. This program will include parent meetings for each of our five high schools with the potential of reaching over 1200 students and their families. The goal of the Roanoke County program is to present one parent meeting in each of the five high schools by December of 2007. The target audience will be parents of teens preparing for or those in the process of acquiring a driver's license. The grant award of $1600 received November 20, 2007 will cover the anticipated expenses. 2. Roanoke County Schools and Virginia Western Community College have an agreement whereby the college provides college level courses in English, US History, AP Calculus and certain technical and science subjects. These courses are taught by Roanoke County teachers who meet the college's criteria for adjunct professors. Monies that have been collected exceed the expenses; therefore, there is a request for these additional funds to be appropriated. Roanoke Cou nty Schools collected $121 , 160.00 tuitron from 1 039 students. VWCC will reimburse $195,195.12 for services rendered (teachers, administrating expenses, rooms, utilities, and maintenance). Roanoke County Schools owes VWCC $260,260.16 for tuition and technology fees and college service fees. The difference between what was collected and what was spent is $56,094.96. Roanoke County Schools requests that $56,094.96 be appropriated to the instructional program. Budget Code: 0000210-0434 3. The Service Learning Leadership class has been taught at WBHS for six years. The class combines the development of morally responsible leadership skills with the creation and implementation of service learning projects. Over the past year, the projects and service education were partially funded by year one of a three year Learn and Serve Virginia Grant. This year, Roanoke County Schools was awarded year-two of the grant titled Wolf Creek Walk. This grant will continue to provide opportunities for the students in Life Science (7) at WBM, Technology Education Classes and the Service Learning Leadership Class at WBH to combine service learning projects with Science and Technology Standards of Learning. Objectives will continue to impact: development of leadership skills, improving performance on SOL testing, attendance, grades and behavior in school. The amount of the grant award is $26,089.00. There is an in-kind match required which is allocated in the current budget. It does not require new money to be expended. 4. Students pay $83 for each Advanced Placement test that they take in May. There is a fee reduction program offered by College Board in which students who are identified as economically disadvantaged pay only $53. Even this lower fee is a 2 hefty one for some families. The Virginia Department of Education has stepped in to cover this base fee as well for those students. The Commonwealth of Virginia reimburses test fees for our students who are economically disadvantaged. We have received $848 to reimburse for nine such tests. We are asking for approval to disperse this money. FISCAL IMPACT: The Driver Education Program Budget will be increased by $1,600.00, the Instructional Program Budget will be increased by $56,094.96, the Service Learning Budget will be increased by $26,089.00, and the Advanced Placement Budget will be increased by $848.00. AL TERNATIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of funds in the amount of $84,631.96 as outlined above. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Absent Ms. Moore ~ D D Mr. Church ~ D D Mr. Altizer ~ D D Mr. McNamara ~ D D Mr. Flora ~ D D cc: Rebecca Owens, Director, Finance Brenda Chastain, Clerk, School Board Dr. Lorraine Lange, School Superintendent 3 ACTION NO. A-010808-S.b ITEM NO. L-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 8, 2008 AGENDA ITEM: Request to appropriate $75,674 to the Clerk of the Circuit Court from the state for fiscal year 2007-2008 SUBMITTED BY: Brent Robertson Director of Management and Budget APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMAl-ION: Technology Trust Funds, representing fees collected by the Roanoke County Circuit Court Clerk's office, have been received from the State in the amount of $75,674. These funds have been earmarked for the purpose of purchasing software, hardware, maintenance, and related upgrades to the indexing software utilized by the Courts. -rhese funds need to be appropriated to the Clerk of Circuit Court so that the necessary computers and equipment can be purchased. FISCAL IMPACT: No fiscal in1pact-1 OOO~ state funds STAFF RECOMMENDATION: Staff recommends appropriating $75,674 to the Clerk of Circuit Court for fiscal year 2007- 2008. VOTE: Supervisor Altizer motion to approve staff recorrlmendation Motion Approved Yes No Absent Ms. Moore ~ D D Mr. Church ~ D D Mr. Altizer ~ D D Mr. McNamara ~ D D Mr. Flora ~ D D cc: Brent Robertson, Director, Management & Budget Rebecca Owens, Director, Finance Steve McGraw, Clerk of Circuit Court 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRA-rION CENTER ON TUESDAY, JANUARY 8,2008 RESOLUTION 010808-6 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 Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COpy TESTE: ~cL(L >Id~~ Wanda G. Riley, CPS -,' Clerk to the Board of Supervisors ACTION NO. A-010808-7 ITEM NO. T 1.a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRA-rION CENTER MEETING DATE: January 8, 2008 AGENDA ITEM: Confirmation of Board member appointments to committees, commissions, and boards for 2008 SUMMARY OF INFORMATION: The Board will confirm the attached appointments following the Closed Meeting. VOTE: Supervisor Flora motion to approve Board member appointments to committees, commissions, and boards for 2008 Motion Approved Yes No Absent Ms. Moore ~ D D Mr. Church ~ D D Mr. Altizer ~ D D Mr. McNamara ~ D D Mr. Flora ~ D D cc: File Roanoke County Board of Supervisors 2008 Committee Appointments Committee Assignment Richard C. Flora, Chair Fifth Planning District Regional Alliance Local Government for Sustainability (ICLEI) (Charlotte Moore serves as his designee) Roanoke Valley Econorrlic Development Partnership Virginia Association of Counties Liaison Total Action Against Poverty Board of Directors (Ms. Elizabeth Stokes serves as his designee) Roanoke Valley-Alleghany Regional Commission Metropolitan Planning Organization Ie ae tlzer, Ice- air Virginia Association of Counties Legislative Contact Audit Comrrlittee Roanoke County Cable Television Committee Roanoke Valley-Alleghany Regional Commission Water Supply Policy Committee Regional Storm Water Management Committee Roanoke Valley Regional Cable Television COrTlmittee Western Virginia Regional Jail Authority osep urc Roanoke County Cable Television Committee Social Services Advisory Board Virginia's First Regional Industrial Facilities Authority (Alternate) Western Virginia Regional Jail Authority (Alternate) Joseph P. McNamara Audit Comrrlittee Roanoke Valley-Alleghany Regional Commission Roanoke Valley-Alleghany Regional Commission Metropolitan Planning Organization School Construction Committee Board Board Board Board Board Board Board Board Catawba District Boa rd Board Board Board Board Board Board Charlotte A. Moore Chair's Designee to the Local Governnment for Sustainability (ICLEI) Chair Roanoke Valley-Alleghany Regional Commission Board Roanoke Valley-Alleghany Regional Commission Metropolitan Planning Organization (Alternate) Virginia's First Regional Industrial Facilities Authority Board Board None None None None 2- ears 3- ears None None None None None None 1- ear None 4- ears 4- ears 1- ea r None 3- ears 3- ears None None 3- ears 3- ears 4-years Expiration 5/5/2008 7/1/2008 12/31/2008 8/1/2010 6/30/2010 12/31/2008 6/30/2008 7/1/2008 6/30/201 0 7/1/2008 6/30/2010 ACTION NO. A-010808-8 ITEM NO. T 2.a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT -rHE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 8, 2008 AGENDA ITEM: Authorization to proceed with legal action and litigation against Front Street Construction, Inc. a,nd related parties to enforce proffered conditions contained in the Wolf Creek Planned Residential Development Ordinance COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Following a lawful closed session, the Board of Supervisors authorized the County Attorney and the Zoning Administrator to proceed with legal action and litigation against Front Street Construction, Inc. and related parties to enforce the proffered conditions contained in the Wolf Creek Planned Residential Development Ordinance. Ordinance 102495-10 approved the establishment of the County's first planned residential development (PRD) known as Wolf Creek. The developers proffered and the County accepted numerous conditions for this PRO, which were amended by Ordinance 081997- 12. Front Street Construction, Inc. is a successor developer for a portion of the Wolf Creek project known as the Village at Stone Creek. Front Street Construction, Inc. and its principal owners have failed to construct and install numerous improvements and amenities as promised in the proffered conditions, despite repeated attempts by County staff to secure compliance with the proffered conditions. After exhaustive negotiations with Front Street it is apparent that Front Street will not comply with the proffered conditions and install and construct the required improvements and amenities. Accordingly, the Board has authorized the County Attorney and the Zoning Administrator to take appropriate legal action, including litigation in Circuit Court, to secure compliance with the proffered conditions. VOTE: Supervisor Altizer motion to proceed with legal action against Front Street Construction to enforce the Planned Residential Development proffered conditions for Wolf Creek Development Motion Approved Yes No Absent Ms. Moore ~ 0 0 Mr. Church ~ 0 0 Mr. Altizer ~ 0 0 Mr. McNamara ~ 0 0 Mr. Flora ~ 0 0 cc: Paul Mahoney, County Attorney Arnold Covey, Director, Community Development John Murphy, Zoning Administrator 2