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HomeMy WebLinkAbout8/12/2008 - Regular/OAN~ /~ z -o 1838 r I Roanoke County Board of Supervisors Agenda August 12, 2008 Good afternoon and welcome to our meeting for August 12, 2008. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Our meetings are now closed-captioned, so it is important that anyone addressing the Board speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Father Nixon Negparanon Our Lady of Nazareth Catholic Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD T0, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AUUARDS 1. Resolution designating the main football field at Darrell Shell Park as Glowers Field 2. Resolution of appreciation to Deborah H. Pitts, Parks, Recreation and Tourism Department; and Executive Director, Virginia's Explore Park; upon her retirement after thirty-six years of service D. BRIEFINGS 1. Briefing on current status of capital improvement projects. (Brent Robertson, Director of Management and Budget) 1 E. NEW BUSINESS 1. Request to accept and appropriate a land and water conservation fund grant from the Virginia Department of Conservation and Recreation in the amount of $77,700 to help finance the construction of the Taylor Tract Park and Trail System at the site of the new South County library. (Lon Williams, Landscape ArchitectlPark Planner; Pete Haislip, Director of Parks, Recreation, and Tourism} 2. Request to adopt a resolution declaring the intent to reimburse capital expenditures related to the renovation and/or replacement of four elementary schools. (Diane Hyatt, Chief Financial Officer) 3. Request to adopt a resolution adopting the provision of local aid to the Commonwealth of Virginia. (John Chambliss, County Administrator) F. FIRST READING OF ORDINANCES G. SECOND READING OF ORDINANCES 1. Second reading of an ordinance approving the residential lease at the Roanoke County Center for Research and Technology, Catawba Magisterial District. (Anne Marie Green, Director of General Services) H. APPOINTMENTS 1. Capital Improvement Program (CIP) Review Committee (appointed by district) 2. Length of Service Awards Program (LOSAP) for Fire and Rescue 3. Social Services Advisory Board (appointed by district) I. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDAAND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes-July 22, 2008 2 2. Request from the Fire and Rescue Department to accept and appropriate $4,000 in grant funds from the US Department of Transportation in cooperation with the Virginia Department of Emergency Management for the purpose of hazardous materials emergency planning 3. Request to approve the annual performance contract with Blue Ridge Behavioral Healthcare 4. Acceptance of Renee Lane into the Virginia Department of Transportation Secondary System 5. Acceptance of Cobble Lane into the Virginia Department of Transportation Secondary System 6. Acceptance of Stonecroft Court and an extension of Sandhurst Drive into the Virginia Department of Transportation Secondary System 7. Acceptance of Palmer Green Circle into the Virginia Department of Transportation Secondary System J. REQUESTS FOR WORK SESSIONS K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Telecommunications Tax Comparison Report 5. Report of Claims Activity for the Self-Insurance Program 6. Statement of the Treasurer's Accountability per Investment and Portfolio Policy as of June 30, 2008 3 N. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph P. McNamara 2. Charlotte A. Moore 3. Joseph B. "Butch" Church 4. Michael W. Altizer 5. Richard C. Flora O. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A (7) consultation with legal counsel and briefing by staff regarding a specific legal matter, namely an amendment to the Tecton Products, LLC performance agreement P. WORK SESSIONS (Training Room - 4t" floor) 1. Work Session on Local Governments for Sustainability (ICLEI) and citizens advisory committee. (Anne Marie Green, Director of General Services) Q. CERTIFICATION RESOLUTION R. ADJOURNMENT Note that the Board members will attend the dedication of the main football field at Darrell Shell Park in memory of SSG Jesse Glowers, Jr. this evening. Darrell Shell Park is located behind Penn Forest Elementary School. The ceremony will begin at 6:30 p.m. and the public is welcome. 4 ACTIGN ND. ITEM ND. ~` l AT A REGULAR MEETING GF "fHE BGARD OF SUPERVISORS GF RGANaKE CGUNTY, VIRGINIA HELD AT THE RGANOKE COUNTY ADNIINIS`fRATIGN CENTER MEETING DATE: August 12, Zoos AGENDA ITEM: Resolution designating the main football field at Darrell Shell Park as Clowers Field SLIBMITTED BY: Pete Haislip, Director Parks, Recreation, and Tourism APPROVED BY: John Chambliss ~ r~--- Co+~nty Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~ ~ ~` ~ ~ SUMMARY OF INFORMATION: The main football field at Darrell Shell Park behind Penn Forest Elementary5chool means a great deal to members of the community, most especially the Clowers family of Roanoke County. Several years ago, a plaque and small garden were established under the scoreboard on the main field in memory of Jesse Gladden Clowers, Sr. for his many years as a coach, mentor and service to the Cave Spring Recreation Foundation. 1lVith this resolution and the Board's support, we want to again honor the memory of the late Mr. Clowers, along with the sacrifice of his only son, Jesse Gladden Clowers, Jr. Gn August ~ 2, 2007, SSG Jesse Clowers, Jr. was killed in action while serving with the Special Forces in Afghanistan. SSG Clowers, who was just 27 years old, is the only Roanoke County resident to be killed in Iraq or Afghanistan. Jesse Clowers, Jr. was a beloved son, husband, father of two young children, brother, uncle, grandson, friend, and special member of the community. Roanoke County and the Cave Spring Recreation Foundation feel it is fitting to designate the main football field behind Penn Forest ElementarySchool "Clowers Field" in memoryof both father and son. A bronze plaquewill be erected beneath the scoreboard in memory of SSG Clowers -near the plaque bearing his father's name. Jesse, Jr. spent many of his childhood years playing football at Darrell Shell Park before going on to graduate from Cave Spring High School and Virginia Tech. Upon graduation, Jesse, Jr. joined the United States Army. A ceremonydesignating the main football field as "Glowers Field" and acknowledgingthe one year anniversary of SSG Glowers' deathwill be held at 6:3o p.m. today August 12} at Darrell Shell Park. The Virginia Tech Corps of Cadets Golor Guard will travel from Blacksburg to present the colors as part of the ceremony. The program will also include a number of speakers who will rerr~iriisce about both father and son. The Glowers family is very appreciative of the County and Cave Spring Recreation Foundation's efforts and members of the family will be present to accept the resolution. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution designating the main football field at Darrell Shell Park as Glowers Field in honor of the many years of volunteer work by Jesse Glowers, Sr. and in memory of the ul~kimate sacri~t:ice made by his son while in service to our country. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS GF RGANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRA-I"ION CENTER ON TUESDAY, AUGUST 12, 2008 RESOLUTION DESIGNATING THE MAIN FOOTBALL FIELD AT DARRELL SHELL PARK AS GLOWERS FIELD WHEREAS, Jesse Gladden Clovers, Sr. was a resident of Roanoke County and an avid supporter of the county's young people and recreation programs, serving as a coach and mentor to countless children over the years; and WHEREAS, Coach Glowers was a beloved husband and father of two daughters and a son before his unexpected death in 1994; and WHEREAS, the community, in recognition of Coach Clovers' years of volunteer service, dedicated a plaque and flover garden at Darrell Shell Park to his memory; and WHEREAS, Coach Clovers' only son, Jesse Gladden Glowers, Jr., continued his father's love of athletics and the outdoors, becoming an Eagle Scout and spending many years playing football on the main ~rield at Darrell Shell Park and for Cave Spring High School; and WHEREAS, after graduating from high school, Mr. Glowers attended college at Virginia Tech where he served as a cheerleader for the Hokies and graduated with a degree in business in 2003; and WHEREAS, upon graduation from Virginia Tech, Mr. Glowers joined the United States Army in 2004 and was promoted to the rank of staff sergeant and Green Beret with the U.S. Army Special Forces; and WHEREAS, Mr. Glowers married his wife, Katherine, and became a father with the birth of his son, Jesse Gladden Glowers, III and daughter, Danielle Ann-Marie Glowers; and WHEREAS, in March 2001, Staff Sergeant Clovers was deployed overseas to serve the nation in Afghanistan; and WHEREAS, Staff Sergeant Clovers was just 27 years old when he was killed in action on August ~ 2, 2007, in Nangarhar Province, Afghanistan; and WHEREAS, the County of Roanoke and Cave Spring Recreation Foundation have worked with members of the community to not only honor the sacrifice of Staff Sergeant Glowers on the ane-year anniversary of his death, but to remember the many years of service to the community given by his fa~rher, Jesse Glowers, Sr.; and NaW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County thatthe main football field at Darrell Shell Park be officially designated as Clovers Field in recognition ofthe many contributions to Roanoke County and the United States on behalf of both father and son and that a copy of this resolution be provided to their family in their memory. 2 ACTION Na. ITEM NO. C- ~ AT A REGULAR MEETING GF 'fHE BGARD OF SUPERVISGRS OF RGANGKE COUNTY, VIRGINIA HELD AT THE RDANOKE COUNTY ADNIINIS-fRA'f14N CENTER MEETING DATE: AGENDA ITEM: APPROVED BY: August 12, 2DD8 Resolution of appreciation to Deborah H. Pitts, Parks, Recreation and Tourism Department; and Executive Director, Virginia's Explore Park; upon her retirement after thirty-six years of service John M. Chambliss, Jr. ~~ Coi.~nty Administrator C4UNTYADMINISTRAToR'S COMMENTS: SUMMARY of INFORMATION: Deborah H. Pitts, retired on July 1, 2008, after thirty-six years of service with the Roanoke County Parks, Recreation and Tourism Department. 0n July 3, 2003, Ms Pitts was appointed as Executive Director of Virginia's Explore Park, and is credited with stabilizing the program and balancing the budget. A resolution of appreciation is attached for consideration by the Board. Pete Haislip, Director, Parks, Recreation and Tourism Deparkmentwill attend the meeting. Members of theVirginia Recreational FacilitiesAuthority, River Foundation, volunteers and former employees of Explore Park, and Ms. Pitts' family and friends have been invited to attend the recognition. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. AT A REGULAR MEETING OF ^f HE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 12, 2008 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DEBaRAH H. PITTS, PARKS, RECREATION AND TOI.IRISM DEPARTMENT, AND EXECUTIVE DIRECTOR, VIRGINIA'S EXPLORE PARK, UPON HER RETIREMENT AFTER THIRTY-SIX YEARS OF SERVICE WHEREAS, Deborah H. Pitts was employed by Roanoke County on June 1,1972, as a recreation supervisor by the Parks, Recreation and Tourism Department; and WHEREAS, Ms. Pitts served as Recreation Center Leader, Recreation Program Coordinator, and Assistant Director of Recreation until July 3, 2003, when she was appointed Executive Director far Virginia's Explore Park; and WHEREAS, Ms. Pitts retired on J~~ly 1, 2008, after thirty-six years and one month of service to Roanoke County; and WHEREAS, during Ms. Pitts' long and distinguished career with Roanoke County Parks, Recreation and Tourism Department, she played an instrumental role in the following programs and projects: • Creating the Senior Citizens Program including the renovation and opening of Ogden Senior Center; • Supervising the renovation and opening of Pinkard Court Leisure Arts Center; • Sec~~ring funding to strengthen and expand the Therapeutic Recreation Progra~~n; • Implementing the After School for Kids Program ~ASK~; • Managing the renovation and development of Brambleton Center including the development of the Brambleton Teen Center; and • Creating the Outdoor Adventure Education program based at Can~ip Roanoke. WHEREAS, Ms. Pitts' compassion, hard work, and dedication contributed to the stabilization of Explore Park and the balancing of its budget while keeping staff morale high, turnover low, and meeting all challenges with a calm determination to succeed; and VvHEREAS, Ms. Pitts was held in high esteem byher co-workers for herwillingness to listen, to share thoughts and ideas, and for her ability to create and encourage team efforts which resulted in successful programs and events; and UvHEREAS, Ms. Pitts through her employment with Roanoke County and her efforts on behalf of Explore Park, has been instrumental in improving the quali#y of life of its citizens. Navll, THEREFORE, BE IT RES~LVEDthatthe Board ofSupervisors of Roanoke Countyexpresses its deepest appreciation and the appreciation ofthe citizens of Roanoke County to DEBORAH H. PITTS for more than thirty-six years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. 2 ACTIGN NG. ~-~ ITEM NG. AT A REGLILAR MEETING GF THE BGARD GF SUPERVISORS OF RGANOKE CGUNTY, VIRGINIA HELD AT THE R4ANGKE CGUNTY ADNIINISrrRA"fIGN CENTER MEE"PING DATE: August 12, 2005 AGENDA ITEM: Briefing on the currentstatus of capital improvement projects. SUBMITTED BY: Brent Robertson Director, Management and Budget APPROVED BY: John M. Chambliss County Administrator CGUNTY ADMINIS'~RAT~R'S CGMMENTS: SUMMARY OF INF~RMAl1~N: This time has been set aside to brief the Board of Supervisors and the public on the status of significant capital projects that are currently in-process. These projects are currently part of the approved Capital Improvements Program. Attached are project summary sheets that outline recent activity and upcoming events related to the specific projects. A presentation will be made outlining the significantdetails of each project and will include major components, projected timelines, and relevant issues pertaining to the projects. Staff will be present to answer specific questions about eacr~ project. 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ITEM NO. E - ~ AT A REGULAR MEETING OF "I'HE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADNIINIS"fRATION CENTER MEETING DATE: August 12, 2008 AGENDA ITEM: Request to accept and appropriate a land and water conservation fund grant from the Virginia Department of Conservation and Recreation in the amount of $77,700 to help finance the construction of the Taylor Tract Park and Trail System at the site of the new South County library SUBMITTED BY: Lon Williams, Landscape Architect/Park Planner Pete Haislip, Director of Parks, Recreation, and Tourism APPROVED BY: John M. Chambliss, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: Recommend acceptance and appropriation of the grant of $77,700 and the use of the $50,000 Capital Maintenance Program monies of the Department of Parks, Recreation, and Tourism for this project. The Taylor tract has the wetlands which must already be protected and preserved during the construction process for the new Library. This grant allows us to develop the educational opportunity of these wetlands and to add to the trail system already in place in this area. SUMMARY OF INFORMATION: The Virginia Department of Conservation and Recreation (DCR) administers the Land and Water Conservation Fund (LWCF) in cooperation with the National Park Service underthe U.S. Department of the Interior for the purpose of acquiring and developing outdoor recreation areas to be maintained in perpetuity in accordance with Section 6(f)(3) of the Land and Water Conservation Fund Act of 1965, as amended. The Act also requires that LWCF properties acquired and/or developed with funds from the program be maintained to acceptable standards for public use. A LWCF grant in the amount of $77,700 was awarded to the Department of Parks, Recreation and Tourism to assist the Department in the construction of the Taylor Tract Park and Trail System that will be located adjacent to the site of the new South County library on the property known as the Taylor Tract in the Cave Spring Magisterial District. The Taylor Tract Park and Trail System project will include the construction of a raised boardwalk trail in the wetlands that will tie into upland trails to form an integrated trail system that will link the new library to the north of the site, to Penn Forest Elementary School and Darrell Shell Memorial Park to the east of the site, and to Starkey Park and the Merriman Soccer Complex to the south of the site. The project will also include a wetland enhancement program, a small gravel parking lot, a picnic shelter, and a newfamily picnic area to serve young library patrons, Penn Forest Elementary School students, and park users. A site plan is attached for reference. The LWCF program requires that all areas developed with LWCF funds shall be maintained in perpetuity as public outdoor recreation areas. In the event that a portion of the property developed with LWCF funds must be converted to a use other than a public outdoor recreational use, such conversion shall be approved by DCR and the Secretary of the Department of the Interior. Approval for the conversion will be granted only if it is found to be in accord with the comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. This replacement land then becomes subject to Section 6(f)(3) protection. Of the approximately 16 acre site available to the Department for recreational development, approximately six acres have been delineated as jurisdictional shrub-scrub wetlands that fall under'the regulation of the U.S. Army Corps o~F Engineers and the Virginia Department of Environmental Quality. Consistent with LWCF grant requirements, the six acres of wetlands would also be maintained in perpetuity as a public outdoor area recreation area. All work supported by the grant is to be accomplished within athree-year time frame. As the LWCF grant is administered by DCR as a reimbursement program, Roanoke County should be capable of financing the project while requesting periodic reimbursements. -fhe program requires a 50 percent (minimum) matching share from the project sponsor. In this case, the Roanoke County match would be a minimum of $77,700. FISCAL IMPACT: Matching grant funds in the amount of $77,700 will be appropriated for the project. Funding in the amount of $50,000 is available for project construction and the procurement of building materials through the Department's Capital Maintenance Program (CMP). It is anticipated that a portion of the work will be accomplished through the use of the Department's project work crew. This in-kind work is estimated to be worth approximately $30,000 and will be used along with the $50,000 in CHIP funds to meet or exceed the required grant funding match. ALTERNATIVES: Alternative #1: Accept and appropriate the Land and Water Conservation Fund grant funds in the amount of $77,700 to the Roanoke County Department of Parks, Recreation, and Tourism. Alternative #2: Decline the Land and Water Conservation Fund grant funds in the amount of $77,700. STAFF RECOMMENDAI"ION: Staff recommends Alternative #1. `~.. w ~ n = a O ~ J Q i~ r/1 # ~ w~ ~ ~ ~~ o> i aw ~.~ _/ ZZ WW , a ~ a.. w ~ t~ ~' r 6y~ /" /` %' /_ \' ~~ ~~ °~;~,/ • :.=-~ ~' . ~ ~ \ ~~ i. LL 1 r zN ~ ~ ~ GI r ~ ~a '4~ u1 R a5 ~z • ~ . ' 02 ~ '- ~0 3a j '~~, aW^ J ~~ // ~ N ~~m /, °az r .. ~ ~ \ ~ ~ a "~ ~ ~ J 1; ~ ,tom ~ ~, 11 ~8 ! ~ c v' ~~ "`Q j~ o ~ o H U 2 4 a ca ~C' i w+ ti ~ ~ w 1 ~ ~~ ~ ~ f f ~ LL ,} Q~r. \ ~~ +~ \{ W J ~ ~ O ,~ / r ~. ~ ~~ ~ ~~~ ~~ ~, ,! -~ O o ~~ R a $ U ~ ~ o w v J VJ 7 J ~ _ o z a ~ o ~ Q Ax w W ~ U YW Y OC ~' a LL w UZ a ~~ z ~ w Q ~ ~ J Z ~ ~~ w J w Y ''nn O vJ ~ ~ ACTION NO. ITEM NO. ~ " AT A REGLILAR MEETING OF "fHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 12, 2008 AGENDA I"fEM: Request to adopt a resolution declaring the intent to reirnburse capital expenditures related to the renovation and/or replacement of four elementary schools SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: John M. Chambliss County Administrator COUNTY ADMINISTRATOR'S COMMENTS: /"IeCG~m~~ ~~rd/~ l T~il c-f~ow/ ~nJ lnoa.ef a~~Q~~e~/ ~' tkre. /•~c~ide/ ~47roj Pc/ ~ Lcn ~~ ~ .S ~f iSiGlCO li/~ / e~ O~ Cot~U'I-r_..~ dy /~n.t~inoni'~1'. ~'r ,p2 /'ei~~DC«d ~re sew f ~o ~ i v .. ~ ., vP ~/ti.~e o n ~~e / e y 5 ~~~+n l /~ r ~~/ e G '~.~ . SUMMARY OF INFORMATION: During the 2008-09 budget process, the County Board and the School Board began to fund the annual debt service to repair or replace four elementary schools. The following elementary schools are included: Mason's Cove, Mount Pleasant, Cave Spring, and Green Valley. The School Budget included $3,488,000 of annual debt service, which is sufficient to cover approximately $40 million in bonds. It is anticipated that these bonds will be Literary Loan bonds or Virginia Public School Authority bonds. The first phase of the project will be to hire a firm to assess the scope of the renovations needed in all four schools. In order to proceed with the project and include these expenses in the future bond issues for the projects, the attached resolution must be adopted by both the School Board and the County Board of Supervisors. The School Board will be adopting their resolution on August 14, 2008. FISCAL IMPACT: The $3,488,000 that is budgeted for debt service in the fiscal year 2008-09 budget is sufficient to use as an advance until the project is further defined and ready to finalize the borrowing. STAFF RECOMMENDATION: Staff recommends adopting the attached resolution declaring the intention to reimburse ourselves from the proceeds of future financings. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 12, 2008 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COIINTY OF ROANOKE, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE FINANCINGS FOR CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES The Board of Supervisors of the County of Roanoke, Virginia (the "County") has determined that it may be necessary or desirable to advance money to pay the costs of certain capital projects for public school purposes (the "Projects") NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board to pay the costs of the Projects from the proceeds of its debt or other financings. The maximum amount of debt or other financing expected to be issued in one or more series for the Projects is $40,000,000. This resolution shall take effect immediately upon its adoption. The foregoing resolution was adopted by the Board of Supervisors at its meeting on August 12, 2008 by the following recorded vote: Member Vote Absent: Clerk, Board of Supervisors, County of Roanoke, Virginia ACTION NO. ITEM NO. E-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 12, 2008 Resolution adopting the provision of local aid to the Commonwealth of Virginia John Chambliss County Administrator John Chambliss County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On June 10, 2008, the Virginia Municipal League (VML) and the Virginia Association of Counties (VACo) met with a sample of city and county representatives to discuss issues with the across-the-board cuts to cities and counties included in the 2008-2010 state appropriation act. The local officials asked that VML and VACo develop a model resolution that would allow cities and counties to highlight the effects of the across-the-board budget cuts on their budgets. The model resolution is attached. VML and VACo are urging cities and counties to consider the adoption of this resolution indicating the manner in which the loss of revenues will be reflected on their financial records, and to send copies of it to their legislative delegations as well as to local media outlets. During the budget process for this fiscal year, Roanoke County set aside monies in the budget to make a payment back to the Commonwealth as Local Aid to the Commonwealth of Virginia, rather than take any of the suggested reductions to specific programs which would impact our revenue base in the future. Roanoke County's share of the impact for fiscal year (FY) 2008-2009 totals $526,371 and is projected for FY 2009-2010 to be $529,280. This reduction equates to a rate of 2/3 of 1 cent on our real estate tax rate per year. This reduction does not reflect on the other cuts that were actually imposed by the General Assembly towards law enforcement, education, ABC profits, and the failure to fund transportation, water quality standards, and a host of other topics. The Administrator is further required to send a transmittal letter advising the locality's intent to comply with the revenue reduction method(s) by August 30; and, in the case of payment, to forward said payment by January 9, 2009. As a Dillon rule state, local government only has the power granted to it by the General Assembly. In the past, the General Assembly has altered many of the local revenue sources including personal property taxes, ABC Profits, cell phone and 911 taxes and has also altered the way that the State responds to its share of mandated programs (comprehensive services act), or state controlled programs (VDOT Transportation, 599 funds for law enforcement, compensation board, etc.) Localities must find a way in the future to protect and preserve our revenue resources and insist that the State fully fund its share of programs so that our revenue base will not be continually diminished. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution for the provision of local aid to the Commonwealth of Virginia and to authorize the County Administrator to send said transmittal letter indicating the intent to make a payment to the Commonwealth deemed Local Aid to the Commonwealth for Fiscal Year 2008-2009. Although the language in the State's biennium budget covers two fiscal years, we are only advising about the current year because one governing body cannot commit the efforts of a future body. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 12, 2008 RESOLUTION TO PROVIDE LOCAL AID TO THE COMMONWEALTH OF VIRGINA WHEREAS, the General Assembly chose to respond to shrinking revenue growth by shifting to local governments the responsibility for reducing $100 million of core services; and WHEREAS, the Governor signed into law this $100 million appropriation reduction for local governments in the 2008-2010 biennium without identifying the programs to be reduced; and WHEREAS, these reductions are in addition to those made by the General Assembly and approved by the Governor affecting law enforcement, elementary and secondary education, profits from the Alcoholic Beverage Control Enterprise Fund and distributions of wine liter tax collections, constitutional offices, the upgrade of wastewater treatment facilities in conformance with water quality standards and goals, and farmland preservation to name but a few; and WHEREAS, the $100 million reduction will likely be carried forward into future biennia forcing city and county governments to choose between raising taxes or reducing services. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Roanoke County, Virginia, does hereby support the recording of this payment to the Commonwealth in the amount of $526,371 as an intergovernmental revenue reduction from the Commonwealth as Local Aid to the Commonwealth; and BE IT FURTHER RESOLVED THAT this recording on all financial records shall be shared with the delegation, the Governor, and local news media so that citizens understand the decisions made by this governing body in response to the Commonwealth's choice to delegate their constitutional obligation to local governments, and that the County Administrator is directed to forward the prescribed transmittal letter and payment to the Commonwealth to fulfill this obligation. ACTION NO. ITEM NO. ~' AT A REGULAR MEETING OF "fHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 12, 2008 AGENDA ITEM: Second reading of an ordinance approving a residential lease at the Roanoke County Center for Research and Technology (Catawba Magisterial District) SUBMITTED BY: APPROVED BY: Anne Marie Green Director of General Services John M. Chambliss County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Board of Supervisors acquired four dwellings as part of the transaction for the property for the Center for Research and Technology. Three of the houses have been demolished, but the fourth house, a log cabin, has been rented out until recently. The cabin is located on Glenvar Heights Boulevard, at the far southeast corner of the property, and the area behind it provides access to the CRT site in case of emergency. In the past, when the cabin has been unoccupied, there was evidence of poaching activity on the CRT site, as well as a break-in at the building. Staff believes that it is important to keep the cabin occupied, which will increase security at the back entrance of the property. The current tenants of the property wish to enter into another lease with options for extensions, rather than have their tenancy become month-to-month under the provisions in the current lease. The lease allows for one year extensions for a Five year period if both parties are in agreement. FISCAL IMPACT: Based on the current market, the rent on the cabin will remain $700 per month for the next year. After that time, the County will reserve the right to increase the rent using the CPI as the method of calculation for the increase. This money will replenish the maintenance account for the facility, and provide for capital needs. At this time, it is anticipated that a new well will need to be drilled within the near future. STAFF RECOMMENDATION: Staff recommends that the Board approve the second reading of the ordinance. The current tenants have been responsible and taken good care of the property, and it would be in the County's best interest to retain them. The wording of the lease will allow for one year extensions for a five year period, subject to approval by both sides. This will protect the interests of the tenants and the County, while still allowing flexibility at the one year anniversary dates. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 12, 2008 ORDINANCE APPROVING "fHE RESIDENTIAL LEASE OF "fHE LOG CABIN LYING GENERALLY IN "fHE SOUTHEAST CORNER OF THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY PROPERTY (TAX MAP NO. 54.00-1-2J IN THE CATAWBA MAGISTERIAL DISTRICT OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, by Ordinance 082807-8 the Board of Supervisors approved the residential lease of the log cabin located in the Roanoke County Center for Research and Technology (Tax Map No. 54.00-1-2) to Giles Phillip Cochran and Terrie L. Cochran. WHEREAS, the Board of Supervisors of Roanoke County is the owner of a tract of land containing 457.60 acres, being located in the Catawba Magisterial District and designated on the Roanoke County Land Records as Tax Map No.54.00-1-2, which is being developed for economic development purposes as the Roanoke County Center for Research and Technology; and WHEREAS, by Ordinance 031098-7, the Board of Supervisors authorized the continued rental of the three residences on the property until such time as construction would begin and require termination; and WHEREAS, it would serve the public interest for the County to have the log cabin occupied and maintained until such time as all or portions thereof may be needed for economic development purposes; and WHEREAS, on December 2, 1997, the Board authorized the creation of a self balancing account entitled Glenn Mary Capital Account for acceptance of rent payments and expenditure of the funds on maintenance of the property; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on July 22, 2008; and the second reading was held on August 12, 2008. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator or his designee is hereby authorized to execute a lease agreement with Giles Phillip Cochran and Terrie L. Cochran for the log cabin residence having the address of 4958 Glenvar Heights Boulevard, from September 28, 2008, and shall continue for one year until to September 27, 2009, thereafter this lease is subject to four additional one year extensions beginning September 28, 2009 and ending September 27, 2013, if requested by the tenants and agreed to by the County, for a monthly rental of $700.00 to be paid into the Glenn Mary Capital Account. The rent is subject to an annual increase based upon the CPI beginning September 28, 2009. 2. That the County Administrator or his designee is authorized to execute said lease agreement on behalf of the Board of Supervisors of the County of Roanoke and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. 2 THIS LEASE AGREEMENT, made and entered into this day of , 2008, by and between THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGIIVIA, Grantor, herein referred to as "Landlord;" and and , Grantee(s), herein referred to as "Tenant." WITNESSETH: THAT in consideration of the mutual covenants contained herein, the Landlord and Tenant hereby agree as follows: LEASED PREMISES Landlord hereby rents and leases to Tenant and Tenant hereby rents and hires from Landlord, upon the conditions hereinafter set forth, the following real property, herein referred to as "premises," to-wit: Residential dwelling and yard located at 4958 Glenvar Heights Boulevard, Salem, Virginia, 24153, generally outlined on the drawing attached hereto as Exhibit A. TERM OF LEASE The term of this /ease sha// commence on the 28th day of September, 2008, and sha// continue for one (1) year, unti/September 27th, 2009, un/ess sooner terminated as herein provided, The /ease is subject to four additiona/ one year extensions, beginning the 28~' day ofSeptember, 2009, ifrequested by the Tenant and agreed to by the Land/ord, with the Tina/ one year term beginning on September 28, 2012 and ending September 27r" 2013, If the either party wishes to terminate the /ease at the end of a one year period as described herein, it must give the other party thirty days written notice of termination, RENTAL The Tenant shall pay as rent the sum of Seven Hundred Dollars ($700.00) per month, due and payable on the 28th day of each month, commencing on September 28th, 2008. Rent shall be deemed to be paid when received by Melinda W. Rector, Business Coordinator, Department of General Services, 1216 Kessler Mill Road, Salem, VA, 24153, or at such other place as the Landlord may from time to time designate in writing to the Tenant. In the event a monthly payment is not received by the tenth (10th) day after wriich it is due, Tenant agrees to pay as an additional charge or late fee the sum of Ten Dollars ($10.00). The rent is subject to annual increase based on the CPl, beginning September 28t ; 2009, If the County chooses to increase the rent at the beginning of any one year term, it sha//notify the tenant by writing thirty days before doing so, Tenant further agrees to pay an additional fee of Twenty Dollars ($20.00) for all checks returned for insufficient funds. If any of Tenant's checks are returned to Landlord for insufficient funds, Landlord shall thereafter at any time have the option of requiring that all subsequent rent payments be made in cash, or be made by cashier's check, certified check or money order. All rental payments will be first applied to all past due balances and then to current rental due. All checks shall be made payable to the County of Roanoke. SECURITY DEPOSIT Tenant agrees to pay the sum of Five Hundred Dollars ($500.00) as a security deposit. This sum will be due when this lease is signed by Tenant. Prior to the termination or expiration of this lease, if Landlord makes any deductions from the security deposit for charges arising under this lease or by law, Tenant agrees to pay Landlord such sums as may be necessary to offset such deductions to replenish and maintain the security deposit in the amount set forth above. The security deposit, with accrued interest, will be held by Landlord to secure Tenant's Full corripliance with the terms of this lease. Within thirty (30) days after the termination or expiration of this lease, Landlord may apply the security deposit with interest to the payment of any damages Landlord has suffered due to Tenant's failure to maintain the premises, to surrender possession of the premises thoroughly cleaned and in good condition (reasonable wear and tear excepted), or to comply fully with the terms of this lease, and the balance, if any, to unpaid rent. Landlord shall provide Tenant with an itemized accounting, in writing, showing all deductions. Within said thirty (30) day period, Landlord will give or mail to Tenant the security deposit, with accrued interest and minus any deductions. To assist Landlord, Tenant shall give Landlord written notice of Tenant's new address before Tenant vacates the premises. During the term of occupancy under this lease, if Landlord determines that any deductions are to be made from the security deposit, Landlord will give written notice to Tenant of such deduction(s) within thirty (30) days of the time Landlord determines that 2 such deduction should be made. This provision applies only to deductions made thirty (30) days or more before the termination of this lease. Landlord will maintain itemized records of all security deposit deductions, and these records may be inspected by Tenant, his authorized agent, or attorney during normal business hours. However, when two (2) years have passed from the time a deduction was made, Landlord may destroy the record of such deduction. USE AND POSSESSION OF PREMISES It is expressly agreed that the demised premises shall be used by Tenant exclusively for residential purposes. The premises will be occupied by no persons other than persons who have signed this lease as Tenant and such persons' children under the age of eighteen (18) years. An itemized list setting forth the existing defects to the premises, its equipment, and appliances is attached hereto as Exhibit B. Tenant agrees to accept the premises, equipment and appliances in their current condition and subject to said existing defects. Tenant further agrees to exercise the appropriate care and accepts responsibility for Tenant's belongings and personal property in consideration of the existence of such defects. SPECIAL CONDITION Tenant acknowledges and understands that Landlord's acquisition and ownership of the property is for purposes of economic development and tl~iis lease is entered into as an interim measure for the proper care, maintenance, and occupancy of the premises. Tenant specifically agrees to accept the premises with the understanding that Landlord plans to commence construction activities as soon as may be feasible and that Tenant's rights to use and occupy the premises shall be subject to all construction activities, including but not limited to, construction and equipment traffic, land disturbance and dust, demolition of outbuildings and sheds as may be necessary, construction noise, and any other potential disturbances associated with construction activities. EQUIPMENT AND APPLIANCES The Landlord agrees that Tenant shall have use of the following equipment and appliances: washer, dryer, refrigerator, electric stove, microwave/hood and dishwasher. Landlord agrees to be responsible for repair or replacement of such equipment or 3 appliances, at Landlord's cost, and Landlord may elect whether to make repairs or to replace such equipment or appliances. In the event, however, that any defect or damage is intentionally or negligently caused by the Tenant or by Tenant`s family, guests or invitees, Landlord shall repair or replace the equipment or appliances at Tenant's expense. UTILITIES Tenant shall, in Tenant's name and at Tenant's own cost and expense, pay all charges for water, sewer, gas, electricity, heat, and any other utility charges incurred by Tenant in the use of the leased premises. Tenant acknowledges receipt of the premises with a fi.ill tank of heating oil, and agrees that, upon termination of this lease and prior to reti.irn of Tenant's security deposit, the Tenant shall refill the oil tank. Landlord shall not be liable in damages or otherwise if the furnishing by Landlord or any other supplier of any utility service or other service to the leased premises shall be interrupted or impaired by fire, accident, riot, strike, act of God, the making of necessary repairs or improvements, or by causes beyond the control of the Landlord. SERVICES Covenants By Landlord The Landlord shall maintain the well water and septic systems, and all electrical, plumbing, heating, and ventilation in good, safe and sanitary working condition, subject to the covenants by Tenant hereinafter set forth. Landlord further agrees to comply with the applicable building and housing code requirements materially affecting the health and safety of the Tenant. The Landlord's failure to comply with the above requirements shall not give rise to a right in the Tenant to terminate this Lease Agreement, unless the Tenant has given the Landlord written notice of such defective condition and Landlord has failed to repair or cure the condition within thirty (30) days of the Landlord's receipt of such notice. "fhe Tenant may not terminate triis Lease Agreement if Tenant, a member of Tenant's family or an invitee or guest of Tenant intentionally or negligently causes a defective condition. Such intentionally or negligently caused condition shall be promptly repaired at Tenant's expense. Covenants By Tenant Tenant covenants and agrees to: (a) abide by all Landlord's rules and regulations, as may be applicable to the premises, and imposed or changed from time to time; (b) keep the premises clean and safe; (c) use all electrical, plumbing, heating, ventilating and air conditioning facilities and appliances in a safe and reasonable manner; (d) use the fireplace in a safe and reasonable manner, provided such fireplace is operative and functional, does not exhibit any defects, and appears to be in good working order upon 4 inspection by the Landlord at reasonable intervals; and (e) conduct themselves and their family, and to require guests to conduct themselves, in a manner which will not disturb Tenant's neighbors. Tenant shall not: (a) intentionally or negligently destroy, damage or remove any part of the premises; (b) permit any person to intentionally or negligently destroy, damage or remove any part of the Premises; (c) dispose of or permit spillage of any paint, waste tires, petroleum or petroleum-based products, pesticides, herbicides or other hazardous substances on or about the premises; and (d) keep any combustible materials on the premises, nor do anything that might create a hazard of fire on the premises. Tenant shall not: (a) change or add locks; (b) permit temperature in dwelling to drop below 50 degrees Fahrenheit, in order to prevent the freezing of pipes; (c) make any alterations, installations, or redecorations of any kind to the premises without the prior written consent of the Landlord. Tenant covenants and agrees to care for, and maintain fixtures, including but not limited to: (a) replacement of light bulbs, fuses, water filters and furnace filters; (b) clearing clogged pipes, toilets and drains; (c) removal of snow and ice from all walks, steps, and drives from the state maintained portion of Glenvar Heights Boulevard; (d) regular removal of all trash and garbage to the road for pickup. During the term of this Lease Agreement, the Tenant shall give the Landlord prompt written notice of any defects in or damage to the Premises, and all equipment, appliances and fixtures provided by Landlord as hereinabove specified. In the event that further damages occur between the time when Tenant discovers a defect and the time thatTenant notifies the Landlord of the defect, Tenant shall pay the cost of repairing such additional damage, unless such damage could not have been avoided had Tenant promptly notified Landlord of the defect. The Tenant shall notify the Department of General Services when sudden problems, regi.iiring immediate attention develop during business hours. If sudden maintenance problems that constitute an emergency or require immediate attention or repair develop during non-office hours, the Tenant shall contact the staff on 'the emergency phone number. The telephone number for the Department of General Services is 540-387-6108 and the after-hours emergency telephone number is 540-562-3265, or such other number (including a pager number) as may be provided in writing to Tenant by Landlord. If the Tenant initiates maintenance for problems, for which the Landlord is responsible pursuant to the terms of this agreement, without the approval of the Department of General Services, the Tenant shall be responsible for the cost of such repairs and maintenance; including labor, materials, supplies and any other associated 5 expenses. The Landlord will only authorize payment for maintenance and repair fees that are performed or contracted by an employee of Roanoke County; the power or authority to make such decisions, maintenance and/or repairs must be vested in the employee by Roanoke County. Tenant agrees to pay all costs resulting from the intentional or negligent destruction, damage or removal of any part of the premises by Tenant, any guest of Tenant, or other persons on the premises with Tenant's consent, whether such persons are known to Tenant or not. WATER SUPPLY AND USAGE Tenant recognizes that the well extends to a depth of fifty-seven (57) feet and may be stressed during drought conditions and periods of hilgh water consun~iption. The Tenant must take adequate measures to ensure that sufficient water is available. Tenant should avoid multiple activities that may stress the water supply within a short period of time. Activities that stress the water supply include, but are not limited to, washing laundry, washing vehicles and multiple showers. During drought conditions, residents must regulate water activity and use all necessary and proper water conservation techniques. If at any time the well water appears murky or a odor is detected the Tenant shoi.ild discontinue use and contact the Department of General Services immediately. GROUNDS Tenant agrees to mow, trim, and rake the yard and otherwise maintain the grounds in good and safe condition; trees and bushes shall be kept trimmed. Tenant further agrees to mow and maintain the lawn at a reasonable height. The Tenant will have three (3) days in which to completely mow the lawn if notified by the Landlord that the grass is unreasonably high. Tenant agrees that grounds, porches and patios are to be kept clear and unobstructed, that they shall not be used as storage facilities, and that no trash, tires, or other debris shall be allowed to accumulate thereon. Tenant agrees to clean or have cleaned the gutters, downspouts and drains, and to keep them free of leaves and other debris. Tenant shall sweep and clean the basement area on a regular basis, to the degree necessary to prevent the build-up of leaves and other debris in the outside drain next to the entrance door. Any equipment which may be necessary to comply with the terms hereof shall be provided by the Tenant. 6 INSPECTION AND ACCESS Landlord may enter the premises for the following purposes: (1) to inspect to see if the Tenant is complying with the provisions of this lease; (2) to make repairs, alterations, or improvements; (3) to show the premises to prospective purchasers, mortgagees, tenants, workmen or contractors. Such entries shall not be so frequent as to seriously disturb the Tenant's peaceful enjoyment of the premises. Such entries shall take place with reasonable prior notice to the Tenant; consent shall not be unreasonably withheld. If the Landlord or its agent reasonably believes that an emergency exists which requires immediate entry, such entry may be made without the Tenant's consent. "fhe Tenant agrees to allow access and occupancy to workmen for maintenance, repairs, or improvements on or in the premises. FAILURE TO PAY RENT; BREACH OF COVENANTS In the event of: (a) the Tenant's material breach of this agreement, (b) the Tenant's abandonment of the premises, (c) the filing of insolvency proceedings by or against the Tenant or the appointment of a Receiver or Trustee of his property, (d) the Landlord not receiving any payment of rent or other charge by the tenth day after which it becomes due, (e) the Tenant's denial of any right reserved in this agreement to the Landlord, (f) the institution of legal proceedings by or against the Tenant looking to a disposition of the premises or any part thereof, (g) the use of the premises by the Tenant or others for illegal purposes, or (h) a breach of Tenant's obligations under this agreement involving or constituting a criminal or willful act, which is not remediable and which poses a threat to health or safety, the Landlord shall have the right to: (1) enter and retain possession of the premises by any lawful means and remove the Tenant and his effects by unlawful entry or detainer proceedings; or (2) to sue for rent; provided that the Landlord's recourse to any of these remedies shall not deprive him of any other action or remedy perrriitted by law. Should the Landlord pursue any such remedies, regardless of whether such action shall be prosecuted to judgment, the Tenant shall be liable as follows: 1. For all installments of rent and other charges that are past due and for the remainder of the term of this lease which shall immediately become due and payable; 2. For all expenses that may be incurred by the Landlord for re-renting the premises, including, but not limited to, brokerage, advertising, cleaning, repairing, and redecorating expenses; 7 3. For any court costs incurred by the Landlord for possession of the premises or for collection of unpaid rent or other charges under this agreement; 4. For reasonable attorney's fees incurred by the Landlord to obtain possession of the premises or in 'the collection of rent, damages, or other charges where the Tenant's breach of this lease agreement results from the Tenant's willful noncompliance. If the Tenant has breached this lease agreement by failing to pay rent when due, the Landlord shall give a written notice to the Tenant stating that the Lease will terminate in ten (10) days if the rent is not paid. If the Tenant fails to pay rent witf iin that ten-day period, the Landlord may terminate this lease agreement and proceed to obtain possession of the premises by filing an unlawful detainer proceeding, wherein the Landlord may pursue a claim for rent and other damages. If the Tenant's breach involves or constitutes a criminal or willfi.il act, which is not remediable and which poses a threat to health and safety, the Landlord may terminate this lease agreement immediately and proceed to obtain possession of the premises by filing an unlawful detainer proceeding, wherein the Landlord may pursue a claim for rent and damages. In connection with breaches other than the failure to pay rent or breaches involving or constituting a criminal or willful act which poses a threat to health or safety, if a material noncompliance with this lease agreement exists, or if there is a violation which materially affects health and safety, the Landlord may serve upon the Tenant a written notice stating the acts or omissions constituting the breach and stating: (a) that the lease agreement will terminate upon a date not less than thirty (30) days after the Tenant receives the notice unless the breach is remedied within twenty-one (21) days, and (b) that the lease will terminate as set forth in the notice. If the breach is remediable by repairs or the payment of damages and the Tenant adequately remedies the breach within twenty-one (21) days or such longer period as the Landlord may specify in writing, the lease agreement shall not terminate. However, in 'the event the breach is not remediable, the Landlord's written notice to the Tenant may state the acts or omissions constituting the breach and state that the lease agreement will terminate upon a specific date, which date shall not be less than thirty (30) days from the date the Tenant receives the written notice. LANDLORD'S BREACH OF COVENANTS In the event the Landlord fails to abide by the provisions of this agreement or violates any requirement of state or federal law pertaining to this lease agreement, which breach materially affects health and safety, the Tenant may serve a written notice on the Landlord specifying the acts and omissions constituting the breach and stating that this 8 lease agreement will terminate upon a specific date not less than thirty (30) days after receipt of the notice if such breach is not remedied within twenty-one (21) days. If the breach can be remedied by repairs, and the Landlord adequately remedies the breach prior to the date specified in the notice, this lease agreement will not be terminated, unless Tenant or Landlord otherwise terminate as provided herein. The Tenant may not terminate this agreement for a condition caused by the deliberate or negligent act of the Tenant, Fiis family or invitees. In addition, the Tenant may recover damages and reasonable attorney's fees where permitted by law and obtain injunctive relief for the Landlord's failure to abide by the provisions of this agreement. The Tenant's recourse to 'the remedies mentioned above shall not deprive him of any other action or remedy permitted by law. INJURY, DAMAGE OR DESTRUCTION In the event of the destruction of the leased premises by fire, explosion, the elements, or otherwise through no fault or negligence of the Tenant, or Tenant's family or guests, or in the event of such partial destruction, damage or disrepair as to render the premises unfit for occupancy, including but not limited to the complete failure of the well/water supply on the premises, the term hereby created shall, at the option of either parry upon notice to the other, terminate as of the date of such damage, and the accrued rent shall be paid up to the time of such damage. If neither parry desires to terminate the lease, the Landlord shall enter and repair the premises with reasonable speed and, if the Tenant continues to occupy the premises for the duration of such repairs, the rent will be reduced by a reasonable amount for the period during which the repairs are completed. Tenant shall maintain his or her own hazard insurance policy and/or "renter's insurance", at Tenant's expense, to protect Tenant and/or Tenant's personal property against damage, injury or destruction from any cause whatsoever. Tenant shall be responsible for obtaining such other insurance, including comprehensive public liability insurance, as Tenant shall deem appropriate for adequate protection of his or her person or property. To the extent permitted by law, and not in limitation of Landlord's other rights and remedies at law, Tenant agrees to indemnify Landlord against all claims, demands, and liability for any loss, damage, injury or other casualty to person or property, whether that of either of the parties hereto or of third persons, caused by Tenant's negligent or intentional acts or omissions in connection with Tenant's use and occupancy of the premises, structures, equipment, appliances, or fixtures, or caused by Tenant's violation of the terms of this lease agreement. 9 VACATING Upon the expiration or termination of this Lease Agreement, the Tenant shall con~ipletely vacate the premises, including the removal of all of his or her property. No right of storage is given by this agreement and the Landlord has no duty to protect the Tenant's possessions against loss. In the event the Tenant's property is not removed, the Landlord may dispose of such property at his discretion, without liability to the Tenant for damage or loss. The Tenant shall pay for all cost of removal of such property. Any item left behind by the Tenant not claimed within thirty (30) days of the termination of this lease agreement will be disposed of by the Landlord. Before departure, the Tenant shall return all keys and shall turn over to the Landlord the premises and all its fixtures and equipment in good and substantial repair, thoroughly cleaned and in sanitary condition, reasonable wear and tear excepted. The Tenant agrees to pay for all repairs and cleaning regi.iired as a result of extraordinary wear and tear. The Tenant shall allow the Landlord to inspect the premises, and its contents, which inspection must be made within seventy-two (72) hours of termination of occupancy. CONDEMNATION In the event that the leased premises or any part thereof shall be condemned or taken for apublic orquasi-public use, such as by the Virginia Department ofTransportation for the widening and improvement of Interstate 81, then, upon payment of any award or compensation arising from such condemnation or taking, this lease shall terminate immediately and Tenant shall be required to vacate the Premises. Tenant shall be entitled to abatement of the rent and other such adjustment as might be just and equitable under all the circumstances, but Tenant shall not, under any circumstances, be entitled to a condemnation award for the value of his or her tenancy. ASSIGNMENT The Tenant shall not transfer or assign this lease agreement, or let or sublet the whole or any part of the premises without the Landlord's prior written consent. FAILURE TO ENFORCE NOT A WAIVER Landlord's acceptance of rent or conduct by Tenant which is not in compliance with Tenant's obligations under this Lease Agreement shall not be interpreted as a waiver of any subsequent breach or non-compliance by Tenant, and the terms and provisions of this Lease Agreement shall remain in full force and effect. Tenant is hereby notified that acceptance by Landlord of rent with knowledge of a material non-compliance by Tenant shall not constitute a waiver of Landlord's rights to terminate thus Lease Agreement for such non-compliance. 10 NOTICES All written notices required or permitted by this Lease Agreement may be delivered in person or sent by certified mail, return receipt requested (postage prepaid) to the Landlord or Tenant at the following addresses: Landlord: Board of Supervisors of Roanoke County Attn: Melinda W. Rector, Business Coordinator Department of General Services 1216 Kessler Mill Road Salem, VA 24153 Tenant: 4958 Glenvar Heights Boulevard Salem, Virginia 24153 REQUIRED LEAD-BASED PAINT DISCLOSURE The certification as to Lead-Based Paint, required pursuant to the Lead-Based Paint Hazard Reduction Act of 1992, signed by Landlord and Tenant is attached hereto as Exhibit C. All improvements on the Premises were not constructed after January 1, 1978. HEADINGS The paragraph headings are for convenience only and do not alter or amend the provisions of tr~is Agreement. ]OINT AND SEVERAL LIABILITY If more than one person constitutes the "Tenant" hereunder, all persons signing as Tenant shall be jointly and severally liable for all Tenant obligations set forth in this Lease Agreement. 11 GOVERNING LAW; SEVERABILITY This Lease Agreement shall be construed under the laws of the Commonwealth of Virginia. Any provision of this Agreement that is prohibited by, or unlawful or unenforceable under Virginia law shall be ineffective only to the extent of such prohibition without invalidating the remaining provisions of this Lease. This lease is executed by the Co~.inty Administrator or his designee of Roanoke County by authority of the Board of Supervisors of Roanoke County, Virginia, pursuant to Ordinance No. adopted by said Board on the day of , 2008. 12 WITNESS the following signatures and seals: APPROVED AS TO FORM Paul Mahoney County Attorney BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA Landlord (SEAL) Anne Marie Green Director of General Services County Administrator's Designee Tenant State of Virginia, County of Roanoke, to-wit: SEAL) The foregoing instrument was acknowledged before me this day of 2007, by Anne Marie Green, Director of General Services, on behalf of the Board of Super- visors of Roanoke County, Virginia, Landlord. Notary Public Notary Registration # My commission expires: State of Virginia, County/City of , to-wit: The foregoing instrument was acknowledged before me this 2007, by ,Tenants. Notary Public Notary Registration #, My commission expires: day of 13 ACTION NO. ITEM NO. ~~ ~ - .3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 12, 2008 Appointments to Committees, Commissions, and Boards Wanda G. Riley, CPS Clerk to the Board John M. Chambliss, Jr. ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program (CIP) Review Committee (Appointed by District) The following one-yearterms will expire on August 31, 2008. Mike JefFrey is completing his first term and Steve Campbell is completing his second term. a) Mike Jeffrey, Cave Spring District b) Steve Campbell, Hollins District 2. Length of Service Awards Program (LOSAP) for Fire & Rescue Leon Martin, volunteer member-at-large, submitted his resignation on June 19, 2008, and Craig Sheets, representing the volunteer rescue squads, subn'~itted His resignation effective July 1, 2008. Their four-year terms will expire January 1, 2010. Members of this Board are recommended for appointment by the Volunteer Fire and Rescue Chiefs Board and then confirmed by the Board of Supervisors. It is anticipated that recommendations for appointment will be submitted to the Board of Supervisors by the end of August. 3. Social Services Advisory Board (appointed by district) "fhe four-yearterm of Douglas C. Forbes, Vinton Magisterial District, expired on July 31, 2008. Mr. Forbes is not eligible for reappointment as he has served two consecutive terms. The representative from the Catawba Magisterial District has resigned. This four-year term expired on July 31, 2009. 2 ~ ~-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, AUGUST 12, 2008 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I-CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for August 12, 2008, 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 7 inclusive, as follows: 1. Approval of minutes-July 22, 2008 2. Request from the Fire and Rescue Department to accept and appropriate $4,000 in grant funds from the US Department of Transportation in cooperation with the Virginia Department of Emergency Management for the purpose of hazardous materials emergency plaririing 3. Request to approve the annual performance contract with Blue Ridge Behavioral Healthcare 4. Acceptance of Renee Lane into the Virginia Department of Transportation Secondary System 5. Acceptance of Cobble Lane into the Virginia Department of Transportation Secondary System 6. Acceptance of Stonecroft Court and an extension of Sandhurst Drive into the Virginia Department of Transportation Secondary System 7. Acceptance of Palmer Green Circle into the Virginia Department of Transportation Secondary System That the Clerk to the Board is hereby authorized and directed where required bylaw to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. ACTION NO. ITEM NO. -~-- AT A REGULAR MEETING OF -fHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 12, 2008 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate $4,000 in grant funds from the US Department of Transportation in cooperation with the Virginia Department of Emergency Management for the purpose of hazardous materials emergency planning SIIBMITTED BY: Richard E. Burch Fire Chief APPROVED BY: John Chambliss ~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: a-2 ~,I O ~ I'e~ p : c--~! cln ~~-Cn i3 ~ /~'1 Biz % U°.f. ~Oin.n ~n SUMMARY OF INFORMATION: Roanoke County participates in a regional Local Emergency Planning Committee (LEPC) along with the cities of Roanoke and Salem and the town of Vinton. LEPC participation is required by federal legislation to coordinate hazardous materials planning for both business and industry as well as transportation routes. A hazardous materials emergency planning (HNIEP) grant has been awarded by the U.S. Department of Transportation to be administered through the Virginia Department of Emergency Management (VDEM). This regional planning process is coordinated locally by the Roanoke-Alleghany Regional Planning Commission who currently has this project on their work plan and has been updating this document. FISCAL IMPACT: This $4,000 dollar grant is an 80/20 matching grant. The $1,000 required matching funds will be in-kind donations that include budget materials and staff time contributions. ALTERNATIVES: Without board acceptance of this grant, the Roanoke-Alleghany Regional Planning Commission will not be able to take advantage of this grant funding and lose valuable resources that will enhance preparation for a hazardous material emergency event. STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of $4,000 in grant funds to the Fire and Rescue Department from the US Department of Transportation in cooperation with the Virginia Department of Emergency Management for the purpose of hazardous materials emergency plaririing. ACTION NO. ITEM NO. --L _ 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 12, 2008 Request to approve the annual performance contract with Blue Ridge Behavioral Healthcare Brent Robertson Director of Management and Budget John Chambliss r~ County Adminstrator COUNTY ADMINISTRATOR'S COMMENTS: ~pm~na.~-.~ r`7~~rovF.~ SUMMARY OF INFORMATION: Blue Ridge Behavioral Healthcare (BRBH) serves as the local Community Services Board (CSB) serving Roanoke City, Salem, Botetourt County, Craig County, and Roanoke County. They provide the services prescribed by the State's Department of Mental Health, Mental Retardation, and Substance Abuse Services. Each year, BRBH is required to provide a performance contract with the State Department of Mental Health, Mental Retardation, and Substance Abuse Services depicting the services that they anticipate providing to their member agencies. A copy of this agreement is on file in the Clerk's Office for review. The County of Roanoke provides $175,000 in its fiscal year (FY) 2008-2009 budget for the County's contribution toward these services. -fhe money is leveraged by BRBH to match other state and federal monies to provide or purchase services needed by residents of our corrimuriity. As one of the localities making up the BRBH, Roanoke County is being asked to approve their plan for FY 2008-2009. FISCAL IMPACT: No fiscal impact. $175,000 is included in the County's FY 2008-2009 budget as our contribution to BRBH which is part of the local money included in their plan. STAFF RECOMMENDATION: Staff recommends approval of the FY 2008 - 2009 annual performance contract of Blue Ridge Behavioral Healthcare with the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services. ACTION NO. ITEM NO. --~-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADNIINIS"fRATION CENTER MEE"PING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 12, 2008 Acceptance of Renee Lane into the Virginia Department of Transportation Secondary System. Arnold Covey Director, Community Development John Chambliss County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: AI Cooper Construction Inc., the developer of Hidden Valley Crossing, located in the Windsor Hills Magisterial District, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.12 miles of Renee Lane, from the intersection with Pleasant Hill Drive (VA Sec. Rte 1549) in the direction of North West to 'the end of its cul-de-sac. The staff has inspected this road along with representatives of the Virginia Department of Transportation and finds the road is acceptable. FISCAL IMPACT: No County funding is required. STAFF RECOMMENDATION: The staff recommends that the Board approve a resolution to VDOT requesting that they accept Renee Lane into the Secondary Road System. THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 12th DAY OF AUGUST, 2008 ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF RENEE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition Form LA-5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, tl~~is Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: _ Yeas: Nays: A Copy Teste: Mary V. 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[Y U UE 1 n L--- ___^v[IGE MAN tRAIL PRIVATE PROPOSED ADDITION IN GR ~~ \~ ~•~i, ' 1 ..; :11 I ~u7 rt qjl ":!n~}7 n•r r..v~. ~ /v \/ 1~ ka „i .~J- ~i,v rw.2u Ktiuc. fA:L!N / I~ L) c'ili/LF ~ u ---- I- •t~E '.- ~_' RIGHT OF ROADWAY DESCRIPTION LENGTH WAY WIDTH SERVICES Miles Feet Feet Houses Renne Lane; Form Pleasant Hill Ur~ive (Route 1549) to the end of its cul-de-sac 0.12 40 28 21 ROANOKE COUNTY ACCEPTANCE OF RENEE LANE IN TWE VIRGINIA DEPARTMENT OF DEPARTMENT OF TRANSPORTATION SECONDARY COMMUNITY DEVLOPMENT SYSTEM ACTION NO. ITEM NO. ~-- 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE"PING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 12, 2008 Acceptance of Cobble Lane into the Virginia Department of Transportation (VDOT) Secondary System Arnold Covey Director, Community Development John Chambliss County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Stoneridge at Bent Moi.intain LLC, the developer of Stoneridge at Bent Mountain, located in the Windsor Hills Magisterial District, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.473 miles of Cobble Lane, from the intersection with Mill Creek Drive (VA Sec. Rte 889) in the direction of East then North East to the end of its cul-de-sac. The staff has inspected this road along with representatives of the Virginia Department of Transportation and finds the road is acceptable. FISCAL IMPACT: No County funding is required. STAFF RECOMMENDATION: The staff recommends that the Board approve a resolution to VDOT requesting that they accept Cobble Lane into the Secondary Road System. THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 12th DAY OF AUGUST, 2008 ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF COBBLE LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition Form LA-5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: _ Yeas: Nays: A Copy Teste: Mary V. 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PROPOSED ADDITION IN GREY RIGHT OF ROADWAY DESCRIPTION LENGTH WAY WID"fH SERVICES Miles Feet Feet Houses Cobble Lane; From Mill Creek Rd (Route 889) to the end of its cul-de-sac 0.473 50 20 21 ROANOKE COUNTY ACCEPTANCE OF COBBLE LANE IN THE VIRGINIA DEPARTMENT OF DEPARTMENT OF TRANSPORTATION SECONDARY COMMUNITY DEVLOPMENT SYSTEM 1vvR I:~ ROANOKE COUNTY ACCEPTANCE OF COBBLE LANE IN 7HE VIRGINIA DEPARTMENT OF DEPARTMENT OFIRANSPORTAT10N SECONDARY COMMUNITY DEVLOPMENT SYSTEM ACTION NO. ITEM NO. I-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADNIINIS"fRATION CENTER MEETING DATE: August 12, 2008 AGENDA ITEM: Acceptance of Stonecroft Court and an extension of Sandhurst Drive into the Virginia Department of Transportation Secondary System SUBMITTED BY: Arnold Covey Director, Community Development APPROVED BY: John Chambliss 0~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Boone Homes, Inc. (formerly Boone, Boone,& Loeb, Inc.), the developer of Stone Manor, Section 2, located in the Windsor Hills Magisterial District, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.09 miles of Stonecroft Court, from the intersection with Sandhurst Drive (VA Sec. Rte 1282) to the end of its cul-de-sac, 0.16 miles of an extension of Sandhurst Drive, from the intersection of the existing Sandhurst Drive (VA Sec. Rte 1282) to 'the end of its cul-de-sac. The staff has inspected this road along with representatives of the Virginia Department of Transportation and finds the road is acceptable. FISCAL IMPACT: No county funding is required. STAFF RECOMMENDATION: The staff recommends that the Board approve a resolution to VDOT requesting that they accept Stonecroft Court and the extension Sandhurst Drive into the Secondary Road System. THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 12th DAY OF AUGUST, 2008 ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF STONECROFT COURT AND AN EXTENSION OF SANDHURST DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition Form LA-5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests 'the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certi~Fied copy of tl~~is resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: _ Yeas: Nays: A Copy Teste: Mary V. Brandt, CPS Assistant Deputy Clerk to the Board pc: Arnold Covey, Director, Community Development Teresa Becher, Transportation Engineering Manager Virginia Department of Transportation r--~ 4--i 0 --I w 0 ^I C ,s Q C ~ s _ C r "' ~ y a1 ~ C Q a ~ ~ O O V O ~ ~ ~ ~ o ~z y~ ~.ow ~ a3V ai oA ce ai WO c3 y ap a. p. R .." ~~ ~ N rn N bA ~ ~ on GD ~ J- O ~ ^~ O cv 1 0. 0. a 4 ~ G> 00 ~ ~ ~ ~ O O E..d a+ ~ ~ ~ ~i ~ CJ ~ R o. O cC R p, ~ y 1 ° ,1 ° Y ~ ,1 ° o v> ; ~n o ~ o CC ~° o ~ C Q ~ CC R ~' CC ~ ~ ~ N N C1, 0. a 0. ~ d ~ G N jai d d Gl d ~ ~..~ ~ i-. ~ U ~ ~ A V] U ~ i0 A CQ A CC D CQ A CQ A CQ A ~ b ~ d ~ ~ ~ ~ 'O .K ~ ^O 'O '~ 'L L 'L ~ E O U u a W E _ ~ U V a E V a 8 u ~' E u ~ E v a 9 u a ~ O R ° O ~ i O eC i O eC L O w L 0 eC L O R rz E^ a z , ~. F- a k. E- a w E-' a w E-' a ~. F a k. F a N O ~ U .~ s-. Q O U ~ ~ ~ ~ ~ z az ,~ N M N ,~ O cd O O N ~i .~ ~ O ~ ~ U o U Q 0 z 0 Q ~, Q Q W O Q ~ a O O ~ ~" O P. ~~ ~ W ~ O O 1 m O ~I z r--~ Q C 0 ~n O s 0 a0i 0 .~ U N t; C~ Sti O ..r .V'.i O z 'y A 'C ~ ~ O O w ~, N 0 ~D R R r+ O F 0 z z~ 5wo F-~ ~ W °' U x~ V :° ~ c H ~ H ~ o b 0 w 0 z~ o °~ HN U~ w .~ H~ x~ U w~ ~y ~- b OLlJ I ~1/fM rp/YP `_ ~---PCCr~' OP5 PIM/V1C ~'- r~ LONO V/Cw /f O.nO ~~ ~~ IWO FOI?'P ?OAP VICINI/TYMAP 4•~ ~~1 ~` NORTH _m-J~ >~ Y M:h~LR J:1 ~, r»au sr. 6 352. 639 ~ / ,~ + ~ WSr/C / 7a0i1]663 WSnNa ~w'.umauraaw- arwrnr. rac,.I «urvrv \I\' u:o~nn fn.a .u rc 1t51 mro• r marr' : ~~~3' g +~ ~, raree sf ~. `~ ~ 30 .r,. vua~err 'q' i 14591 s IwnJ sse ~ (a 30.9 f ~S el'S9'I]' M ~. ri7R 17 E :'Q00' - Q .7 r'P11 a~ E -.- ' 1 s sosslT 31 I ' 6 35 r "'"' ~' i' ~ .,.,.,...,1T, ~:;~ . •~ -~ ~ rrtwv~r N[-W MAY -worry a.L ~ -~_ .. _ .~ max Q YC °~G ~ '~ t ~ ~~8 ti ~.. _ ROADWAY DESCRIPTION LENGTH ROW WIDTH SERVICES Miles Feet Feet Houses Stonecroft Court; From the intersection of Sandhurst Drive (Route 1282} to the end of its cul-de-sac 0 D9 4D 28 13 Sandhurst Drive; From the end of the existing Sandhurst Urive (Route 1282) to the end of its cul-de-sac 0.96 4U 28 19 ROANOKE COUNTY ACCEPTANCE OF STONECROFT COURT AND AN DEPARTMENT OF EXTENSION OF SANDHURST DRIVE tNTO THE VIRGINIA COMMUNITY DEVLOPMENT DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM ~~ iris PROPOSED ADDITION(Sl IN GREY ACTION NO. ITEM NO. _ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: August 12, 2008 Acceptance of Palmer Green Circle into the Virginia Department of Transportation Secondary System Arnold Covey Director, Community Development John Chambliss County AdministratorG~~~ COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Fralin & Waldron, Inc., the developer of The Orchards Applewood Section 14 (also know as Palmer Green), located in the Hollins Magisterial District, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.0.056 miles of Palmer Green Circle, from the intersection with Huntridge Rd. (VA Sec. Rte 1220) in the direction of East to the end of its cul-de-sac. The staff has inspected this road along with representatives of the Virginia Department of Transportation and finds the road is acceptable. FISCAL IMPACT: No county funding is required. STAFF RECOMMENDATION: The staff recorrimends that the Board approve a resolution to VDOT requesting that they accept Palmer Green Circle into the Secondary Road System. THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 12th DAY OF AUGUST, 2008 ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF PALMER GREEN CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition Form LA-5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA-5(A) to the secondary system of state f iighways, pursuant to §33.1-229, Code of Virgir~ia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to 'the Residency Administrator for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: _ Yeas: Nays: A Copy Teste: Mary V. Brandt, CPS Assistant Deputy Clerk to the Board pc: Arnold Covey, Director, Community Development Teresa Becher, Transportation Engineering Manager Virginia Department of Transportation 0 cd ~ -i w ~ ~ ~ E ~ ~ o y U CC3 V1 w 0 0 N 't3 N Q ~ .~ ~ U C ~ ~'' '~ ° o ~ ~ a~ a d o ~ ~ ~. o ~ ti N F-. O O ~ H a te O .r ~ ~ y., ..r GQ I .- 1 I~ >C ~ O ys,, •C v, ~p 00 L ~ ~p ~ ~ .. '~ ~ O o Q.aU O ~ ~ C~ ~ O ~z 3sc ~° O w a3v ~ '^" a °' R on CQ ~+ ~ o~ CO y O N N O ~ ~ _ b D a d ~ D ~ ~ ~ R ~ R a ~ O ~ O Y ° o ~ c a o o o m o co o ~ 0 m ^~ Q ~" Ti \p ° m ~ ~, CC a R a ~ a, CC a cC 00 _R R ~ L' y 'd vRi .Y G y A v A d A ci A ci A ei A ~ ~ G ~ b v ' a~i ' i ' ~°a+ ' a~i ' a~i ' d O O OL O 9 O O b Z E ~ U u ~ E a~i ~ E a~i a E a~i a E a~i ~ E a~i ~ E a~i x ~ w O F cC a. L w O F R a L w O F R a. L w O F r.Q a. L w O F R a L w O F R n, L w O F R a N U U ~,,, ~ ~; w o ~ ~ ~ z az ~ N M 4. O ~, O ~ f p+•/ C ~ z ~ ° Y z ~ d `--i H s ^ o I--I a~ ~ ~ ., Q A ~ `~ ILI ~ w O ~ O 0 d ofl R 0 F- .~ ~. b 4. y 0 z F z~ 0 W ~ 4J W ~ x~ U :° F a F ~ I U I~Vn 'D w O~ z= o¢ HN ~~ Ux U .~ a~ W U V~ I~ HUN7Y?IOGE' !.Jlli LL. ^EC T7GY1/ No. 7 sru~c- .1 ~ J~~. ~- 4YOtT.` M/L.L. COURT ~- ROME OR! 1~ -~~--- LAORAOORF- ORI12 APPLF_7RF_C nRiv~ ~' ~ plEF A~ ~[ ~_ ~~ 220 CINITY MAP l NORTH ~, ,~ ~ ~~ 1,;\ .,~ ,K ,~a n Pp\ <r rr rsr Y u¢ rxiC - ~~or ~ !. 311MISit ~OV ~. Q p u~l o- x+x am.ur on ~,ra R ~IbIK Cl! ~/ NO K4tl N 1W~IR tFi~OfMINC( 1 r~ 1 S I ~ 1 ~4' h ~ 1 ` , ~ ~'. > >'- i ____ ~ __- i- PROPOSED ADDITION(S) IN GREY `ti- w v rrrc tr II ., ~I,t ROADWAY DESCRIPTION LENGTH ROW WIDTH SERVICES Miles Feet Feet Houses Palmer Green Circle; From Huntridge Rd. (route 1220) to the END of its cul-de-sac 0 056 40 28 10 ROANOKE COUNTY ACCEPTANCE OF PALMER GREEN CIRCLE INTO THE DEPARTMENT OF VIRGINIA DEPARTMENT OF TRANSPORTATION COMMUNITY DEVLOPMENT SECONDARY SYSTEM la uc i l A fP1~14 (tN) r\~ `` , ~ i~ 'm. GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA of General Amount Amount Unaudited balance at June 30, 2008 $ 16,743,199 8.90% Balance at August 12, 2008 $ 16,743,199 8.90% Note: Ori December 21, 2004, the Board of Supervisors adopted a policy to maintain the General Fund Unappropriated Balance for 2008-09 at a range of 9.0%-10.0% of General Fund Revenues 2008-2009 General Fund Revenues $188,178,858 9.0% of General Fund Revenues $16,936,097 10.0% of General Fund Revenues $18,817,886 The Unappropriated Fund Balance of the County is currently maintained at a range of 9.0%-10.0% of General Fund revenus and will be increased over time to the following ranges: 2009-2010 2010-2011 Submitted By Approved By Rebecca E. Owens Director of Finance 9.5%-10.5% 10.0%-11.0% John M. Chambliss, Jr. Interim County Administrator m COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the C/P, architectural/engineering services, and other one-time expenditures.) Unaudited balance at June 30, 2008 Balance at August 12, 2008 Major County Capital Reserve Amount $1,540,757.20 $1,540,757.20 (Projects in the C/P, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited balance at June 30, 2008 Balance at August 12, 2008 Submitted By Rebecca E. Owens Director of Finance $2,339,030.00 $2,339,030.00 Approved By John M. Chambliss, Jr. ~~_ Interim County Administrator m-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2008-2009 Original Budget $ 300,000.00 June 24, 2008 Allocation to Art IVluseum of Western Virginia and Roanoke County (200,000.00) Public Schools for Education July 8, 2008 Appropriation for Legislative Liaison ($24,000.00) Balance at August 12, 2008 $ 76,000.00 Submitted By Rebecca E. Owens Director of Finance Approved By John M. Chambliss, Jr. Interim County Administrator ~~ rn-~ TELECOMMUNICA"PIONS TAX REPORT COUNTY OF ROANOKE, VIRGINIA Month of Collection Tax Description 2006 2007 2008 January Consumer Utility Tax Landline $ 94,947.90 $ 86,811.94 $ - Consumer Utility Tax Wireless 116,433.91 123,642.12 - Communication Safes and Use Tax - - 275,569.88 E911 Service Tax 61,427.25 61,676.60 - Cable Franchise fee 240,925.74 237,369.11 85,908.48 Total 513,734.80 509,499.77 361,478.36 February Consumer Utility Tax Landline 93,052.78 11,481.03 - Consumer Utility Tax Wireless 116,093.91 - - Communication Sales and Use Tax - - 291,112.62 E911 Service Tax 59,753.00 58,515.52 - Cable Franchise fee - 36,121.67 70,725.82 Total 268,899.69 106,118.22 361,838.44 March Consumer Utility Tax Landline 92,561.36 - - Consumer Utility Tax Wireless 104,178.63 - - Communication Sales and Use Tax - 207,485.17 387,479.10 E911 Service Tax 64,339.14 - - Cable Franchise fee - 80,692.40 98,803.20 Total 261,079.13 288,177.57 486,282.30 April Consumer Utility Tax Landline 96,802.50 - - Consumer Utility Tax Wireless 128,673.20 - - Communication Sales and Use Tax - 270,338.98 317,663.49 E911 Service Tax 60,650.90 - - Cable Franchise fee 216,295.38 75,020.70 92,881.59 Total 502,421.98 345,359.68 410,545.08 May Consumer Utility Tax Landline 92,941.49 - - Consumer Utility Tax Wireless 117,319.69 - - Communication Sales and Use Tax - 271,078.33 288,110.06 E911 Service Tax 60,264.73 - - Cable Franchise fee - 92,259.95 96,747.70 Total 270,525.91 363,338.28 384,857.76 June Consumer Utility Tax Landline 95,748.48 - - Consumer Utility Tax Wireless 119,760.11 - - Communication Sales and Use Tax - 268,293.91 287,652.25 E911 Service Tax 60,455.05 - - Cable Franchise fee - 84,186.19 88,081.94 Total 275,963.64 352,480.10 375,734.19 July Consumer Utility Tax Landline 95,017.26 - - Consumer Utility Tax Wireless 121,823.44 - - Communication Sales and Use Tax - 300,558.02 287,204.09 E911 Service Tax 59,649.70 - - Cable Franchise fee 245,481.66 78,603.22 97,675.11 Total 521,972.06 379,161.24 384,879.20 August Consumer Utility Tax Landline 92,306.09 - - Consumer Utility Tax Wireless 116,219.46 - - Communication Sales and Use Tax - 237,729.17 - E911 Service Tax 59,979.00 - - Cable Franchise fee - 86,818.45 - Total 268,504.55 324,547.62 - September Consumer Utility Tax Landline 85,834.51 - - Consumer Utility Tax Wireless 121,460.78 - - Communication Sales and Use Tax - 258,253.93 - E911 Service Tax 59,393.73 - - Cable Franchise fee - 87,629.46 - Total 266,689.02 345,883.39 - October Consumer Utility Tax Landline 83,920.09 - - Consumer Utility Tax Wireless 122,949.21 - - Communication Sales and Use Tax - 349,811.69 - E911 Service Tax 58,855.42 - - Cable Franchise fee 226,573.74 87,629.46 - Total 492,298.46 437,441.15 - November Consumer Utility Tax Landline 84,089.65 - - Consumer Utility Tax Wireless 120,728.15 - - Communication Sales and Use Tax - 349,007.66 - E911 Service Tax 59,751.01 - - Cable Franchise fee 28,744.85 85,936.15 - Total 293,313.66 434,943.81 - December Consumer Utility Tax Landline 83,566.76 - - Consumer Utility Tax Wireless 121,724.13 - - Communication Sales and Use Tax - 283,592.07 - E911 Service Tax 60,069.78 - - Cable Franchise fee - 87,478.22 - Total 265,360.67 371,070.29 - Grand Total $ 4,200,763.57 $ 4,258,021.12 $ 2,765,615.33 *Effective 2007 the Cable Franchise Fee is received monthly as compared to quarterly receipts in 2006. *'2007 Breakdown provided by the State of Virginia Tax Department Submitted By Rebecca E. Owens Director of Finance Approved By John M. Chambliss, Jr. Interim County Administrator ACTION NO. ITEM NO. ~ " AT A REGULAR MEETING OF "fHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: August 12, 2008 AGENDA ITEM: Report of claims activity for the self-insurance program SUBMITTED BY: Robert C. Jernigan Risk Manager APPROVED BY: John Chambliss County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In accordance with the self-insurance program, Ordinance 0-061494-6, Section 2-86.C, attached is the fiscal year to date claims activity report including the fourth quarter that ended June 30, 2008. Attachment A -Auto, Attachment B -General Liability. 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J, I U Q U U Q 3 O ~ ~ ~- ml ~ H I H ~ F- ' I , I I I ~ J ~ f/1 ' __--~ ~ ~' _ _ _ __ __ _ ~~ III i I a I I ~' ~I ~ W = I f- ~ _~ I ~ I' ~ ' Z~I I i ! Z ~ '~, ' ~ N ~ ~ ~ I (%~ ~ N i ~ fn I f6 ii ~ ~ ~~ ~~ Q ',, i d ~ I ~ I ~ W o ~ ~ a ~ C u~ ~ C ~ ~ I I ~I, I'. Z Q I I Z f' p H n N --- t n ao N~ 0o no°i co N - ~ ~ I _ _ -- - { --{- - ~ , - W ~ I ~ I W U D 0 0. ao o ° ~ Q ~ W N M [O ~ _ _ ,_ . .___._ _. - .. -i -~ .. - __ _ _I _ Q O I ' ~' _~ ~ p p 4 ~' ~ ~ ~ ' 0 I ~~' ~ ~'I !, II ~' U Z W I n ap 00 ~ n, W i ti a rl I ' ~ i W i I } c a~ E s U ld Q `o a~ rn f6 a O O N M ACTION NO. ITEM NUMBER _ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: August 12, 2008 AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of June 30, 2008. SUMMARY OF INFORMATION: GOVERNMENT: SUNTRUST/ALEXANDER KEY 62,676,906.93 SUNTRUST/ALEXANDER KEY CONTRA 319,137.10 SUNTRUST SECURITIES 6,005,655.46 SUNTRUST SECURITIES CONTRA 30,988.43 69,032,687.92 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION 6,891,573.35 6,891,573.35 MONEY MARKET: BRANCH BANKING & TRUST 2,259,822.59 SALEM BANK & TRUST 1,227,341.03 SUNTRUST/ALEXANDER KEY 34,901,853.64 SUNTRUST SECURITIES 4,976,002.43 SUNTRUST SWEEP 3,178,844.26 WACHOVIA 2,631,475.51 49,175,339.46 TOTAL 125,099,600.73 07/07/08 ACTION NO. ITEM NO. I~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE"PING DATE: August 12, 2008 AGENDA ITEM: Work Session on Local Governments for Sustainability (ICLEI) and citizens advisory committee SUBMITTED BY: Anne Marie Green Director of General Services APPROVED BY: Johan M. Charribliss County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMA"PION: This time has been set aside for a work session with the Board to bring the members up to date on the data wl-iich has been gathered concerning the First two milestones in the ICLEI process, and to discuss the formation of a citizens advisory committee. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINIS"fRA"PION CENTER ON TUESDAY, AUGUST 12, 2008 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia.