HomeMy WebLinkAbout10/14/2008 - Adopted Board RecordsACTION N0. A-1014081
ITEM N0. E-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, 1/1RGINIAHELD AT THE ROANOKE COI.INTYADMINISTRATION CENTER
MEETING DATE;
AGENDA ITEM:
SUBMITTED BY:
October 14, 2008
Request for authorization to execute a modification agreement
between the County of Roanoke, the Roanoke County
Economic Development Authority, and Tecton Products.
Jill Loope
Assistant Director of Economic Development
C~UNTYADMINISTRATGR'S CGMMENTS:
SUMMARY ~F INFGRMATIGN;
Roanoke County entered into a performance agreement with Tecton Products on April 29,
2005, wr~ich provided for an economic development grant and certain other consideral:ions
tothe company based upon measurable performancegoals. The proposed development
was to be implemented in two phases. Phase I included the construction of a X5,000
square foot manufact~~ring facility with a minimum investment of $6.5 million in
improvements, machinery, and equipment and the employment of at least 58 people.
Phase II included a facilityexpansionresulting in a rr~inimum investmentof $5.6 million in
building improvements and equipment and a total of 93 employees by December 31, 2011.
To date, Tecton has significantly exceeded the investment projections for Phase I at ~kheir
facility located in Roanoke County's Center for Research and Technology. However, due
to a downturn in the residential construction market, the company has failed to meet their
minimum employment obligations. Current employment at ~khe facility is 36 fell-Lime
employees with plans to increase employment to 45 by the first of the year. Therefore, the
company is requesting a 15-month extension to the performance agreement to November
30, 2009, to grant them the opport~~nity to f~.,ilfill the employment objectives of the
agreement. This request is consistent with the extension allowable under the Code of
Virginia forthe Governor's Opportunity Fund Grant that the company received.
The modification agreement will also grant a 15-month extension to the Phase II
development to March 31, 2013. Staff has consulted with The Ifirgir~ia Economic
Development Partnership and ~rl~e Roanoke County Economic Development Authority and
all parties are in agreement with this extension request. A copy of the modification
agreement is attached for reference.
FISCAL IMPACT:
There is no negative fiscal impact with this project.
STAFF REC~MMENDATIaN:
Staff recommends authorizing the execution of the modification agreement between the
County of Roanoke, the Roanoke County Economic Development Authority, and Tecton
Products.
vaTE:
Supervisor Church motion to approve staff recommendation
Motion Approved
Yes No Abs
Ms. Moore ~ ^ ^
Mr. Church ~ ^ ^
Mr. Altizer ~ ^ ^
Mr. McNamara ~ ^ ^
Mr. Flora ~ ^ ^
c: Jill Loope, Assistant Director, Economic Development
Doug Chittum, Director, Economic Development
Paul Mahoney, County Attorney
Modification Agreement
THIS MGDIFICATIGN AGREEMENT made as of this 14th day of Qctober, 20oS, by
and between the BGARD aF SUPERVI54RS OF RUANUKE CGUNTY, VIRGINIA, a
political subdivision of the Commonwealth of Virginia, hereafter "the County", the
ECUNGMIC DEVELGPMENT Ai.1THGRITY 4F R(~AN4KE CUi~NTY, VIRGINIA
(hereinafter referred to as "the Authority"}; and TECT4N PRUDUCTS, LLC, a Minnesota
limited. liability company, hereinafter "the Company",
WITNESSETH
WHEREAS, the County is the owner of an approximate 457 acre business park
development known as the Center for Research and Technology the "CRT"}, located off State
Route 4~0, at and near its intersection with Interstate S 1 and Exit 132, in the western portion of
the County, and
WHEREAS, the Roanoke County Board of Supervisors and the Economic Development
Au~rhority of Roanoke County, Virginia, desire to promote and encourage the economic
development and vitality of Roanoke County and the Roanoke Valley through the recruitment of
new business for the citizens of the Roanoke Valley, in order to provide for increased
employment and corporate investment in Roanoke County; and
WHEREAS, the County and the Authority desired, by the sale to, and development for,
the Company of approximately twenty (20} acres of real estate in the CRT (the "Property"}, that
the Company will create high quality employment opportunities for the citizens of the Roanoke
Valley by the development of this project which will promote economic development and
generate new tax revenues for Roanoke County; and
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WHEREAS, the Company desired to acquire and develop a portion of the CRT as a
research and development and production facility, and
WHEREAS, this increased employment and investment constitutes a valid. public
purpose for the expenditure of public funds; and
WHEREAS, the parties entered into an Incentive and Performance Agrecment
~"Performance Agreement"} on April 2~, ~U05, which provided for an economic development
grant and certain other incentives to the Company based upon the achievement of measurable
performance goals; and
WHEREAS, the County applied for and received from the Commonwealth of Virginia a
grant from the Governor's Gpportunity Fund ~"G4F"} in the amount of $1 oO,oUU on behalf of
the Company; and
WHEREAS, Tecton has significantly exceeded their initial investment commitment in
excess of $2.5 million; and
WHEREAS, duc to depressed economic conditions in the national housing market, the
Company desires to modify 'the Performance Agreement by extending the time to meet certain
performance goals,
IOW, THEREFORE, in consideration of the premises and the mutual covenants
contained herein, the parties agree to accomplish the following;
1. Governor's opportunity Fund
A. Paragraph 1 of the Performance Agreement established measurable
investment and employment goals for the Company as conditions for the receipt of funds from
GGF. The Company had 30 months from February 27, ~,oo~, (the date the funds were received
z
by the Company} to constrict and operate a facility in CRT with an investment of at least
$~,50C1,000 in improvements, machinery and equipment and to create 58 jobs at said facility.
The Company has satisfied its investment obligations; however, it has failed to meet its
minimum employment obligations by achieving 90% of its jobs creation goal.
The Company has requested the County to apply fora 15-month extension from the date
of performance required by GAF as provided in Section 2.2-11 ~ E.2.b, of the Code of Virginia.
This extension will grant the Company an opportunity to fu.lfil.l its employment obligations until
November 30, 2009, in order to avoid refunding a proportional amount of the grant as provided
in Paragraph 1 ~ of the Performance Agreement,
The County agrees to apply for this 15-month extension to the Virginia Economic
Development Partnership on behalf of the Company.
2. County Incentive Grant
A. Paragraph 2 of the Performance Agreement established measurable
employment and investment goals for the Company as conditions for the receipt of incentives
from the County related to the Phase I development and the Phase II expansion,
The Company has requested an extension from the County on the performance timeline
consistent with the extension request for the GQF. This will grant the Company an opportunity
to fulfill its employment obligations to the County until November 30, 2009,
The County agrees to grant this extension by way of this Modification Agreement as
follows:
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3. Amendments to the Performance Agreement
A. Paragraphs 2.A.(2} and 2.A,(3} are amended to clarify that the
employment requirement means people scheduled for full time employment, actually working an
average of at least 40 hours per week (except in the event of a disability, FMLA, or other type of
leave}, and eligible for Company benefits.
B. Paragraph 3.F is amended to clarify that shol~ld the Company not meet 90
percent of its new jobs commitments in Phases I and II, the Grant shall be reduced by $1,000 for
each job below these commitments and shall be calculated according to the original employment
requirement of 58 in Phase I, and 93 additional people in Phase II for a total of 151 employees.
4. The parties agree that the obligation of the Company to meet the employment
requirements of Phase I shall be extended from August 31, 2008 to November 30, 200. The
parties further agree that the obligation of the company to meet the employment and investment
requirements ofPhase II shall be extended from December 31, 2Q11 to March 31, 2013.
5. All other provisions of the Performance Agreement shall be in full force and
effect.
b. This Agreement shall be governed by and all disputes related hereto shall be
determined in accordance with the laws of the Commonwealth of Virginia.
7. This Agreement and any reimbursement of costs and improvements from public
funds is sl~bject to future appropriations by the Board of Supervisors to the Authority.
IN WITNESS WI~ERE~F, the undersigned have excepted this Agreement the clay and
gear first above written.
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B(~ARI) (~F SUPERViS~~S ~F
ROANOKI~: C()UNT~', VIRGINIA
~y
Seen:
County Attoxney
STATE OF VIRGINIA
COtrNT~' ~F RUAN[~KF', t«-~vit:
By
.lohn M. Chambliss, L1r.
County Administrator
F.CUNOUIIC I~EVi~~I,UPMI~~NT
A L1"I'I I~~RITY
CAF RC~ANaIi ~~ CC)t]NrI~~'
~3illy H. Rrar~ch, Chairman
The foregoing instrr~merrt was ackrrov~fledged before me this gay
of , X008, by John M. Char7~bliss, ~ r., on behalf of the Boaxd of Super~~isors for
Roanoke Co~u~ty, Virginia.
Natary Przblic
nay Commission expires: l ~
STATE flF VI RGI N IA
C~tJNT~~ ~F RoAr~o~E, to-wit:
The foregoing instxur~~ent way acknowledged before me ti7is day of
20a~, by ,Chairman of the I~ conamic Deti~elopment
Atithnl•ity of Roanoke Ct~~rr~ty, Virginia.
Notary Public
My Conltrlission expires: / /
r
TE~T~N PROnUCTS, LLC
~y:
Its:
STATE ~ ~'
~}IT~'~C,UU~1T~' ~~` , to-~4Tlt.
The foregoing instr~~ment tiVas acknoti~~ledged before me this ~~y of
X008, by as of Tecton
Products, I~I.C.
Notary Pt~hlic
My commission expires: / /
G
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, OCTOBER 14, 2008
ORDINANCE 141448-2 AMENDING SECTION 2~-1, `DEFINITIONS',
SECTION 24-24, `SPECIFIC COLLECTION CATEGORIES', AND
SECTION 24-25. `SUPPLEMENTAL COLLECTION SERVICE' OF
CHAPTER 24. "SOLID WASTE" OF THE ROANOKE COUNTY CODE
WHEREAS, the Board of Supervisors of Roanoke County has determined that
several amendments to the solid waste chapter of the Roanoke County Code are
necessary to improve and enhance solid waste collection services for the citizens of
Roanoke County; and
WHEREAS, the Board has determined that it is in the public interest to make
these amendments to this chapter; and
WHEREAS, the first reading of this ordinance was held on September 23, 2008,
and the second reading and public hearing was held on October ~ 4, 2008.
NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County, Virginia, as follows:
~. That Chapter 24. "Solid Waste" of the Roanoke County is amended as
follows:
ARl'1CLE 1.1N GENERAL
Sec. 20-~ . Defini~rions.
The following words and terms, as used in this chapter, shall have the meanings
ascribed to them in this section;
Aufomaled collection: A mechanical method of garbage collection utilizing a vehicle
equipped with a hydraulic arm that empties special containers provided by the county.
Brush collection: Curbside collection of brush, small tree limbs, and other arboreal
materials from residential customers.
Bulk collection: Manual curbside collection from residential customers of appliances,
furnaces, air conditioners, furniture, carpeting, rugs, bagged leaves and grass, boxes,
four ~4} unmounted tires, k~~~i~dir~g ~~~ter$i~l and other perrr~issible household items tee
.
,Building lla~err~ Any horne~owner generated material frern small remodeling er repair
work. Examples of i'ncluded' items would be lurn~ber Mess than 8 feet in length}, wood
1
fro~rr~ trim, paneling, small arnc~unts of containerized drywall or ceiling tile, PVC car
galvanized pipe Mess than feet in length}. No ind~iviual place or container may weigf~
more than 5g poiunds~ No snore than a ~ load wall be collected at
ar~y one time.
Commercial collection: The county's limited curbside collection of garbage placed in
approved containers, generated by licensed business establishments, including three
~3} to five ~5}family rental properties, one ~1 } to five ~5} unit retail complexes, churches
and church-run daycares.
..
. ,
Contractor/commercial waste: Waste material, including constructionldemolition waste,
resulting from work performed under contract for consideration. This includes, but is not
limited to, trimming, yard maintenance and remodeling orother home repair.
Curbside collection: The collection of solid waste that has been placed no farther than
five ~5}feet from a curb or edge of a qualified road.
Debris waste: Stumps, logs, limbs, wood, brush, leaves, soil and rock from land
clearing operations.
Free loader: Dumpster-style trailer which may be reserved by the county residential
customers far one weekday or one weekend.
Garbage: Solid and semi-solid items including discarded food wastes, wastes likely to
decompose, bottles, waste paper, cans and clothing.
Hazardous waste: "Hazardous substances" as defined by the Virginia Hazardous
Management Waste Regulation; posing a danger to human health, harm to the
environment, including but not limited to oil-based paint, insecticides, herbicides,
poisons, corrosives, combustibles, caustics, acids, motor oils and gasoline.
Household waste: Non-hazardous material, including garbage and trash, derived from
households.
Industrial waste: Any solid waste generated by manufacturing or industrial process that
is not a regulated hazardous waste.
Pf~ysically-challenged service: Refuse pickup at the house for ci~lizens who are
physician-certified as unable to transport garbage to the street.
Private road: A road not in the primary ar secondary system. See also "Q+~alified Road"
below.
Premium garbage collection: Gptional pick+~p of garbage from a residential customer for
a fee.
Residential customers: County residents living in single-family homes including
individ+~ally-owned townhouses duplexes, single lot mobile homes and condominiums,
Residential collection: Garbage, bulk and brush collection from residential customer's
dwellings.
Recyclables: Newspaper, cardboard, office paper, aluminum, capper, steel, tin, auto
batteries, motor oil.
Qualified road: A road in the primary or secondary system of highways in the
Commonwealth of Virginia. This term also includes private roads mee~ling specific
county prescribed conditions, as noted in section 20-23 below.
Seasonal collection: Collec~l:ion of Christmas trees and bagged leaves, during
applicable times of the year.
Solid waste: Solid and semi-solid materials including household garbage, yard waste,
brush, bulk household waste, un-mounted tires and other permissible discarded, non-
hazardousmaterials.
Yard waste: Lawn clippings, small brush and twigs, shrubbery clippings, bagged
leaves.
ARTICLE II. COLLECTION BY COUNTY
*~~*
Sec. 20-24. Specific collection categories.
~a} Weekly curbside collection. The county shall provide weekly curbside garbage
collection of household waste at no charge to all residential customers, meeting
requirements of this chapter, in the county. To receive curbside collection, the following
general rules must be followed:
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(1 } All containers placed within five (5}feet of ~rhe curb line of a qualified road by
7:0o a.m. ofthe schedi~iled collection day.
(~} , containers shall be removed nt
It 1!~ fe from the public street right-of-way no later than 1:00 a.m. of the day
following the scheduled collection day.
}All ~r~aterial placed in tl~e container for collection maust be bagged,
(4} No dead animals, hazardous material, automobile parts, ashes, liquids,
debris, rocks, ~lir~T ~n~~l~ ~ ~~o~~r~~ or construction waste, contractorlcommercial
waste, or any other material deemed unsafe for collection shall be placed in the
containers for collection.
(5} Sharps and needles must be sealed in proper needle disposal containers or
other heavy, capped plastic containers, such as detergent bottles, milk jugs or
soft drink bottles.
(6} Pet feces must be double bagged before being placed in containers for
collection.
(7} Latex paint may be placed in containers after it has completely solidified.
(b} Specific rules pertaining to automated collection. All residential customers within
the automated service area will receive one (1}automated container. Weekly collection
will only be for household waste, garbage and yard waste placed within the container.
The containers are assigned to the structure, not to the occupants. Thr,~n hni~hnlr~e
.
Ali co~~~~ reil~~~il ~~~~~~~~ r: ~1ii~a~l fir cr~i ~~~~~in~i. ~I~i~l~ ~~~~.~~t
purchased. No more than two (2} containers per residential customer will be allowed.
When set to the curb line, each container must have at least five (5} feet of clearance on
all sides.
(1~ The replacement fee for a container shall be established by the solid waste
manager subject to the approval of the county administrator.
(2} Residents may be charged for repairs or replacement of containers, if the
loss or damage is due to negligence of the customer as determined by ~khe solid
waste manager. `the bor~ect-~er will be responsible for purebasing a r~ew
contai~~er in all instances of loss due to burning.
(c} Physically-challenged collection. Backyard household waste collection will be
provided to residential customers when everyone living in the structure is disabled or
handicapped and unable to transport the refuse to the curb. A physician's certification of
handicaps or disabilities is required for all individuals residing in the household.
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Physically-challenged residents will be required to renew this certification on an annual
basis. The following additional criteria apply:
{1) Customers receiving this service are limited to one container,
{2) Customers will be subject to all automated guidelines except placing
container at curb.
(3) All materials placed in containers for collection must be bagged.
{4} fags shall weigh ne mere than 0 lbs.
{5) Tr~is service is not available for b~~~lk and brush collection.
{d) Premium garbage collection. Optional backyard service may be available to
residential customers for household waste only by application. The charge for premium
backyard collection will be a minimum of fifteen dollars {$15.00) per month and will
include service up to one hundred {100) feet from the curbside pickup location. For each
additional one hundred {100) feet or fraction thereof, an additional ten dollars {$1 D.00)
charge will be assessed. The premium refuse collection charges shall be paid in
advance on a quarterly basis. The following additional criteria apply:
(1) Customers receiving this service are limited to one (1) container.
{2} Customers will be subject to all automated guidelines except placing
container at curb.
{3) All materials placed in containers far collection must be bagged.
(4) Bags shall weigh no more than 30 lbs.
(5) This service is not available for bulk and brush collection.
(6) A nonrefundable application fee in the amount of twenty dollars ($20.00)
shall be made in advance together with proper application forms from the solid
waste division of general services.
{e) Commercial collection. The county shall provide free, weekly, curbside collection
of garbage to licensed commercial establishments {includ'+ng churches and church-r~~n
daycares}, generating not more than three ~3} county provided automated containers
per week. This service will be provided by application only through the office of general
services. The county will not provide collection to any apartment office, or retail
complexes of more than five ~5} commercial establisr~ments or to mobile home parks of
any size. The county will provide licensed commercial establishments one {1}container
at no cast; the commercial establishment may purchase two {2) additional containers.
Commercial establishments generating over three r~undred {300} gallons of refuse per
5
week are required to seci~ire private collection. The following conditions apply to
commercial collection:
(1} Commercial customers within the automated service area will be subject to
the rules pertaining to standard automated collection and all county solid waste
rules.
(2) Bulk brush or bagged leaf collection is not available to commercial
customers.
(f} Nonresident collection. The county may, at its option, provide weekly garbage
collection to nearby, non-county residents upon application and approval. A monthly fee
of twenty dollars ($24.44} will be required. These customers are allowed only one (1 }
container and they will be required to pay a monthly rental fee of one dollar ($1.44} for
the use of the container. Non-county residents are not eligible for bulklbrush collection.
(g) Condominium and townhouse developmeniF collection. The county shall provide
once weekly pickup by an automated vehicle to residential customers residing in owi~er-
accupied condominium and townhouse developments. The method of collection shall be
consistent with the collection service received by other residential customers.
(h) General. Debris waste will not be collected under any circumstances.
(1} Mixed or contaminated loads, e,g. bulk interrr~ingled with brush, will not be
collected.
(2) Solid waste contaminated with hazardous wastes will not be collected nor
handled by county personnel.
Sec. 20-25. Supplemental collection service.
(a) Brush callec~ion. The county provides free brush collection every other week to
residential customers, Brush or other yard waste collection service will not be provided
to commercial or non-county residential customers. It will be the responsibility of
premium and physically-challenged customers to place any brush items at the curb for
collection. Brush must be placed as close as possible to the curb line or road {
~~~}i~~i~~Y~ur~ itl~i« feet) and five (5} feet away from any horizontal obstruction and have
overhead clearance, such that the operation of the equipment is not impaired or
restricted. S~~ch placement shall be made no earlier than the Saturday preceding the
scheduled collection and no later than 1:44 a.m. of the day scheduled collection date.
(1) Brush resulting from normal property maintenance, may not exceed six (6)
feet in length r helve inches (1 } inches in diameter. 4l`rec st~~~~~p less th~r~
foot in width must be free cf all dirk, grass, clumps ekc., in order to be collected by
County personnel. Stumps must be placed manually at the curb in girder to be
6
collected. Debris waste will not be collected pursuant to this section. The
cuttings, limbs, nil stump must be placed in a pile not to exceed six (G} by six
{6} by six (6}feet in size.
(2) Brush cuttings and tree limbs resulting from commercial tree trimming
operations (contractor/commercial waste) will not be collected.
(3) Brush resulting from land-clearing will not be collected.
(b} Yard waste. Residential customers may place small quantities of bagged yard
waste in their county-provided containers on their regularly-scheduled collection day.
Excess quar~~tities of yard waste must be placed in disposable containers, to include but
not be limited to, plastic or paper bags and adjacent to the road or
curb line for scheduled bulk collection. The disposable containers must be of substantial
construction and shall not weigh mare than fifty X50} pounds when fiul1. The
containerized clippings must be separate from any other bulk or brush items set out for
collection.
~c} Seasons! collections. For asix-week period, ~~sually beginning with the first
Monday in November, bagged leaves will be collected on a ~~~°°'~'~~ "~c~~ ~r^
r,°~.~; °nfi~a-I~t~~cl~~~le to be yet by tl~e Direr ~t ~~~~~~I ~~~~ T~7
r-~~i r~~t tyre ~arir~g the week of Thanksgiving. The county will not provide
vacuum service for the collection of leaves.
(1 } Leaves must be placed in sti~irdy, tied, plastic bags within five ~5}feet of curb
and may not exceed fifty (50} pounds per bag.
(2) Christmas trees will be collected separately from other yard waste during a
one-week period in January. Trees must be placed within five (5) feet of the curb
with all decorations removed so they may be safely mulched.
Notice will be provided as to exact collection dates for these services.
(d} General. Materials resulting from land-clearing opera~rions or commercial yard
waste management operations will not be collected pursuant to this section. It will be
the responsibility of the contractor or owner to properly dispose of any such materials.
(e} Bulk collection. The county provides free collection of bulk items every other week
to residential customers. Bulk collection service will not be provided to any commercial
customers. It will be the responsibility of premium and backyard service customers to
place any bulk items adjacent to the qualified road or curb line for collection. The bulk
items must be placed as close as possible to the curb line or road ~ E~~ii~~i~~~~r~~ ithi~~
5 teed and five {5} feet away from any obstruction. The items m~~st be completely clear
of any overhanging wires or branches, in order to be collected. Such placement shall be
made no earlier than the Saturday preceding scheduled collection and no later than
1:00 a.m. the day of collection.
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r~-»ctn inn I~rrrn nr hn~rn! to fit inn ~d ii~i~nr~~nrl rnn~~indr~
YY'CI TIT- CCT~Tt-~'rrCCT L~r~-
~2} Residential customers can place no more than a pickup truck size load of
bulk for pickup. If it is necessary for the materials to be containerized, the
container must be of a disposable nature.
~3} Bulk items include materials resul~ling from normal household activity,
including but not limited to, items such as appliances, furniture, four ~4}
unmounted tires, tc~~~A pallets, bicycles, swing sets disassembled}, sawn
furniture, and cardboard moving boxes or other trash resulting from moving anb
r~~all araun~ of han~eawne~~ generated buil~i~~g n~a~eral.
~} Any constructian~dernalition waste set out for collection must be less than
feet in length woad, boards, pipes, plaster board etc,}, weigh less than 5g
pounds per pi+~ce and be no rare than a pickup track load in total, dat~erial
deemed likely to be blown around shall be c~-ntairrer~zed by same means. The
resulting container can weigh na mare than 5g lbs. The material cannot Dave
resulted from contracted work. ancrete and rac~fing shingles gill nc~t ~' e
~cll~ei by c~~r~ly pelrcr~l~el.
~5} Any material that may be wind blown must be bagged. Any glass items,
such as mirrors, windows or shower doors, must be taped and bagged.
(6) Latex faint may be placed aut for bulk colleckion after it has comple#ely
sol4dified.
~l} Excluded items: All prohibited waste, such a concrete, asphalt, paver~er~t,
~-~~c~tr~ ~-~it~c~le cr kilo, clir, rcl~, debris waste, hazardous materials, animal
carcasses, a~~tomobile parts, propane tanks and riding lawnmowers will be the
responsibility of the owner or contractor to properly dispose of.
4f} Addr'~ior~a! disposal senricss. County residential customers are entitled to the use of
a fourteen-foot "freeloader" at no charge on a "first come, first serve" basis. The
freeloader must be schedi~~led in advance and is to be used during spring cleaning,
basement or attic cleaning, or major yard work projects. Use of the freeloader is
governed by the following criteria:
(1) Residential customers may reserve the freeloaders no more than four (4)
times a year.
(2) Materials may only be hand loaded (not mechanically) onto the trailer.
~3} Small items or any material susceptible to wind must be containerized in
some manner, such as bags or boxes.
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(4} The freeloader will be delivered only to occupied residential homes. Homes
currently under construction are not eligible to receive 'the freeloader. The
freeloader will only be delivered to a safe and easily accessible location
determined by solid waste staff.
(5) The resident must be home to accept delivery of the freeloader to sign a
release liability form.
(fi} No hazardous materials or debris waste or ~nn~+r, ,,,+~-,n ~~-'~+~ shall be
placed in freeloader.
(7} Permissible items incl~~de brush, bulk, small amounts ct horneowner
generated building r~~atorials and yard waste pursuant to section 20-1.
(8) Prior to removal the loads will be inspected and the resident will be required
to remove non-approved materials.
(g} County residents may take pick-up truck loads of bulk items and brush originating
from their residence to the Tinker Creek Transfer Station free of charge. The number of
such loads permitted without charge, and other rules and regulations pertaining to
removal and disposal of bulk items and brush at the Tinker Creek Transfer Station, shall
be in accordance with rules and regulations promulgated by the county administrator or
his designee. In special circumstances upon request, the county administrator or his
designee may issue special dump permits far the disposal of bulk items and brush at
the transfer station in addition to the number of loads generally permitted for county
residents.
2. That the effective date of this ordinance is October 14, X008.
on motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Cr~urch, Altizer, McNamara, Flora
NAYS: None
A COPYTESTE:
Mary randt, CPS 1
Assist Deputy Clerk to the oard
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c: Circuit Court
Robert P. Doherty, ,.Ir., Judge
James R. Swanson, Judge
Steven A. McGraw, Clerk
Bonnie Hager, Judicial Secretary
Norte Lowe, Secretary
Juvenile Domestic Relations District Court
Doris J. Johnson, Clerk for distribution}
General District Court
Vincent A. Lilley, Judge
Theresa A. Childress, Clerk for distribu~kion}
Gerald Holt, Sheriff
Kevin Hutchins, Treasurer
Nancy Horn, Commissioner of Revenue
Paul Mahoney, County Attorney
Randy Leach, Commonwealth Attorney
Chief Magistrate Raymond Leven
Diana Rosapepe, Director, Library Services
Ray Lavinder, Police Chief
Richard Burch, Chief of Fire & Rescue
Roanoke Law Library, 315 Cr+urch Avenue, S.W., Rke 24016
Roanoke County Law Library, Singleton Osterhoudt
Roanoke County Code Book
John M. Chambliss, ~„Ir., CountyAdmiriistrator
Dan O'Donnell, Assistant County Administrator
Diane D. Hyatt, Cr+ief Financial Officer
Arnold Covey, Director, Community Development
Tarek Moneir, Deputy Director, Development
Pr+ilip Thompson, Deputy Director, Planr+ing
Rebecca Owens, Director, Finance
David Davis, Court Services
Elaine Carver, Cl~+ief information Officer
Bill Greeves, Director, Information Technology
Anne Marie Green, Director, General Services
Pete Haislip, Director, Parks, Recrea~kion & Tourism
William E. Driver Director, Real Estate Valuation
Brent Robertson, Director, Management & Budget
10
ACTION NO. A-101408-3
ITEM NO. H-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: October 14, 2008
AGENDA ITEM: Designation of voting delegate to the Virginia Association of
Counties (VACo) conference to be held November 9-11, 2008
SUBMITTED BY: Mary V. Brandt, CPS
Assistant Deputy Clerk
APPROVED BY: John Chambliss
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Virginia Association of Counties (VACo) annual conference will be held November 9-
11, 2008. They have requested that each county designate a representa~l:ive of its Board of
Supervisors as well as an alternate to cast its votes at the annual business meeting on
Tuesday, November 11. The voting credentials form must be subrriitted to VACo by
November 6, 2008.
VOTE:
Supervisor Church amended motion to designate Chairman Flora to serve as the County's
voting delegate at this year's conference and that the Chairman serve as the voting
delegate at future conferences until future notice
Motion Approved
Yes No Abs ~
_
Ms. Moore
Mr. Church ®
® ^ ^
^ ^
~Mr Altizer ® ^ ^ 1
Mr. McNamara ® ^ ^
Mr. Flora ~ ^ ^
c: Virginia Association of Counties File
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 14, 2008
RESOLUTION 101408-4 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 October 14,
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 4
inclusive, as follows:
1. Approval of minutes -September 9, 2008, and September 23, 2008
2. Resolutions of appreciation to:
(a) Kay Johnston, Finance Department, upon her retirement after twenty-three
years of service
(b) Herman W. Meador, II; Fire and Rescue Department, upon his retirement
after twenty years of service
3. Request from the Sheriff's Department to accept and appropriate a federal grant
in the amount of $15,736 approved under the State Criminal Alien Assistance
Program for equipment and training
4. Acceptance of a portion of Huffman Lane, Rte 761, (Vinton Magisterial District)
into the Virginia Department of Transportation Secondary Road 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.
On motion of Supervisor Altizer to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
A COPY TESTE:
Mary V r ndt, CPS
Assist Deputy Clerk to the Board
c: Gerald S. Holt, Sheriff
Rebecca Owens, Director, Finance
Arnold Covey, Director, Department of Community Development
Teresa Becher, Transportation Engineering Manager
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 14, 2008
RESOLUI"ION 101408-4.a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO KAY
JOHNSTON, FINANCE DEPARTMENT, UPON HER RETIREMENT AFTER
TWENTY-THREE YEARS OF SERVICE
WHEREAS, Kay Johnston was employed by the Roanoke County Finance
Department as a buyer for the Purchasing Division on January 18, 1985; and
WHEREAS, Ms. Johnston retired on October 1, 2008, aftertwenty-three years and
nine months of service to Roanoke County; and
WHEREAS, Ms. Johnston was a Certified Professional Public Buyer and a member
of the National Institute of Governmental Purchasing and the Virginia Association of
Governmental Purchasing; and
WHEREAS, Ms. Johnston worked with County and Schools Departments procuring
goods and services, providing training on Purchasing Code, and assisting in the
irriplementation of upgrades to the Purchasing System; and
WHEREAS, Ms. Johnston was a dedicated employee who always provided a high
level of service to customers while maintaining an outstanding quality of work; and
WHEREAS, Ms. Johnston, through her employment with Roanoke County, has
been instrumental in improving the quality of life and providing services to the citizens of
Roanoke County.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to KAY JOHNSTON for more than twenty-three years of capable, loyal, and
dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
On motion of Supervisor Altizer to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
A COPY TESTE:
-,
Mary r ndt, PS
Assists eputy Clerk to the Board
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 14, 2008
RESOLUI"ION 101408-4.b EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO HERMAN W.
MEADOR, II, FIRE AND RESCUE, UPON HIS RETIREMENT AFTER
TWENTY YEARS OF SERVICE
WHEREAS, Herman W. Meador, II was employed on July 25, 1988, by the Roanoke
County Fire and Rescue Department and held the positions of firefighter, Fire Sergeant,
and Fire Lieutenant; and
WHEREAS, Mr. Meador retired from the Roanoke County Fire and Rescue
Department on October 1, 2008, as a Fire Lieutenant after twenty years and two months of
service to Roanoke County; and
WHEREAS, Mr. Meador served as a team member and team leader for the
Roanoke County Hazardous Materials Regional Response Team attaining specialist- and
technician-level certifications; and
WHEREAS, Mr. Meador assisted the department on many special projects in his
career including photography and documentation; and
WHEREAS, Mr. Meador performed a crucial role in protecting the life and property
of citizens in one of the most hazardous professions, and Roanoke County is very
fortunate to have bene~Fited From his dedication and many years of experience; and
WHEREAS, Mr. Meador, through his en~iployment with Roanoke County, has been
instrumental in improving the quality of life for its citizens by providing continual fire
protection.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County expresses its deepest appreciation and the appreciation of the citizens of Roanoke
County to HERMAN W. MEADOR, II for more than twenty years of capable, loyal, and
dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
On mol:ion of Supervisor Altizer to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
A COPY TESTS:
Mary V. randt, CPS
Assist t Deputy Clerk to the Board
2
ACTION NO. A-101408-4.c
ITEM NO. I-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINIS"fRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
October 14, 2008
Request from the Sheriff's Department to accept and
appropriate a federal grant in the amount of $15,736 approved
under the State Criminal Alien Assistance Program for
equipment and training
Sheriff Gerald S. Holt
John Chambliss, Jr
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMAL"ION:
The Sheriff's Office has received approval for a grant in the amount of $15,736 from the
State Criminal Alien Assistance Program. This grant will provide funds to cover equipment,
training, and staff related needs. This grant was approved by email notification on
September 26, 2008.
FISCAL IMPACT:
IVone. The grant is in the amount of $15,736 in federal funds and requires no matching
funds.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recorrimends acceptance and appropriation of awarded funds in the amount of
$15,736.
VOTE:
Supervisor Altizer motion to approve staff recommendation
Motion Approved
Yes No Abs
Ms. Moore ® ^ ^
Mr. Church ® ^ ^
Mr. Altizer ® ^ ^
Mr. McNamara ® ^ ^
Mr. Flora ® ^ ^
c: Gerald S. Holt, Sheriff
Rebecca Owens, Director, Finance
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, OCTOBER 14, 2008
RESOLUTION 101408-4.d ACCEPTANCE OF A PORTION OF
HUFFMAN LANE, RTE 761, (VINTON MAGISTERIAL DISTRICT) INTO
THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY
ROAD SYSTEM
WHEREAS, the street described below currently serves at least 3 families and
was established prior to July 1, 1992, at which time it was used by motor vehicles as a
public access; and
WHEREAS, the County has determined its si.ibdivision ordinance satisfies
subsection B of §33.1-72.1, Code of Virginia, and is therefore eligible to make qualifying
additions to the secondary system of state highways maintained by the Virginia
Department of Transportation and fund necessary improvements as set out therein,
except as otherwise prohibited by subsection B of §33.1-72.2, Code of Virginia; and
WHEREAS, after examining the ownership of all property abutting this street,
including the deeds and related plats, this Board finds no restriction on the use of public
funds for improving of the road; and
WHEREAS, after examining the ownership of all property abutting this street, this
Board finds that speculative interest does not exist; and
WHEREAS, this Board has identified immediately available funding to make
improvements required to qualify the street for addition to the aforesaid secondary
system of state highways, based on the Department's cost estimate of $ 50,000.00.
NOW, THEREFORE, BE IT RESOLVED, pursuant to §33.1-72.1, Code of
Virginia, this Board requests the following street be added to the secondary system of
state highways maintained by the Virginia Department of Transportation and hereby
guarantees the right-of-way of the street to be clear, unencumbered and i.inrestricted,
which right of way guarantee shall including any necessary easements required for cuts,
fills, and drainage:
Name of
Subdivision: O.C. Huffman Map & Family Subdivision for Greer Back Creek
Name of
Street: Huffman Lane, Rte. 761
From: Existing end of State maintenance
To: Proposed cul-de-sac Length: 0.015 miles
Guaranteed
Right-of-Way
Width:
Right of Way
Instrument
Reference
40 feet + (R/V1/ Width Varies)
or
Instrument #: 200813731, 200813732, 200813733
and Date Recorded: 10/03/08
BE IT FURTHER RESOLVED, thus Board requests the Virginia Department of
Transportation to improve said street to the prescribed minimum standards, funding said
improvements with the following funds;
Source of Funds Amount
Roanoke County Secondary Six Year State Funds $ 50,000.00
BE IT FURTHER RESOLVED, this Board agrees to reimburse, witriin 45-days of
receiving an invoice, all costs that the Virginia Department of Transportation incurs to
relocate existing utilities within the right of way that are discovered during the course of
and in conflict with the construction, drawing such funds from resources other than
those administered by the Department; and
BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of
receiving an invoice, all costs that the Virginia Department of Transportation incurs in
the construction of necessary improvements to I:he road that are over and above the
estimated cost of improvements or to otherwise identify an eligible source of funds
administered by the Department to cover such costs; and
BE IT FINALLY RESOLVED, that a certified copy of this resolution and a county
check in the amount of $ 0 be forwarded to the Residency Administrator of the
Virginia Department of Transportation.
Moved by: Supervisor Altizer
Seconded by: None Regi„iired
Yeas: Supervisors Moore, Church, Altizer, McNamara, Flora
Nays: None
A Copy Teste:
Mary randt, CPS
Assist t Deputy Clerk to the Board
pc: Arnold Covey, Director, Department of Community Development
Teresa Becher, Transportation Engineering Manager
Virginia Department of Transportation
2
I hereby certify that the foregoing is a true and correct copy of Resolution 101408-4.d
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote
on Tuesday, October 14, 2008.
Brenda J. Holton, CMC
Deputy Clerk
3
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AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRA"PION
CENTER ON TUESDAY, OCTOBER 14, 2008
RESOLUTION 101408-5 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, l:he 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. Drily public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Flora to adopt the resolution, and carried by the following
voice vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
A COPY TEST
Mary .Bran t, CPS
Assi ant Deputy Clerk to the Board