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Home My WebLink About2/10/2009 - Regular Roanoke County Board of Supervisors Agenda February 10, 2009 Good afternoon and welcome to our meeting for February 10, 2009. 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: Melinda Cox, Existing Business Program Manager Virginia Heights Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS 1. Annual report from the Roanoke Regional Partnership. (Beth Doughty, Executive Director) 1 E. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. CARRIED OVER FROM JANUARY 27, 2009, DUE TO TIE VOTE: The petition of Foxhall Properties, LLC to rezone 12.237 acres from 1-1, Low Intensity Industrial District, to 1-2CS, High Intensity Industrial District with Conditions and Special Use Permit, for the purpose of operating an asphalt plant and construction yard located at 4127 West Main Street, Salem, Catawba Magisterial District F. PUBLIC HEARING 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2008-2009 budget in accordance with Section 15.2-2507, Code of Virginia. (Brent Robertson, Director of Management and Budget) G. NEW BUSINESS 1. Presentation from the U. S. Marine Corps Reserve Unit and the Marine Corps League and appropriation of $8,000 proceeds from the 13th annual Marine Mud Run. (Pete Haislip, Director of Parks, Recreation, and Tourism) 2. Request to approve a name for Roanoke County's New Multi-Generational Recreation Center. (Pete Haislip, Director of Parks, Recreation, and Tourism) 3. Request to amend (reduce) the appropriation of funds in the amount of $2,918,959 resulting from decreased revenue projections and state allocations. (Brent Robertson, Director of Management and Budget) H. FIRST READING OF ORDINANCES 1. First reading of an ordinance authorizing conveyance of an easement to Appalachian Power Company for electric service across property owned by the Board of Supervisors at the Roanoke County Fleet Services Building. (Paul Mahoney, County Attorney I. SECOND READING OF ORDINANCES 2 J. APPOINTMENTS 1. League of Older Americans Advisory Council 2. Library Board (appointed by district) 3. Social Services Advisory Board (appointed by district) K 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 AGENDA AND WILL BE CONSIDERED SEPARATELY 1. Resolution of appreciation to Linda D. Trail, Social Services Department, upon her retirement after twenty-two years of service 2. Acceptance of Golden Oak Lane, Hollins Magisterial District, into the Virginia Department of Transportation Secondary System 3. Request from the schools to accept and appropriate funds in the amount of $2,500 for fiscal year 2008-2009 for the Autism Program 4. Acceptance of a portion of Chestnut Mountain Circle, Rte 1034, Vinton Magisterial District, into the Virginia Department of Transportation Secondary System 5. Acceptance of the donation of a new permanent public drainage easement on property of Quarles Petroleum Incorporated, Tract "E-1", Fort Lewis Industrial Park, and a new permanent public drainage easement on property of Salem Ready Mix Concrete, Inc., Tract "E-2", Fort Lewis Industrial Park, Catawba Magisterial District L. REQUESTS FOR WORK SESSIONS M. REQUESTS FOR PUBLIC HEARINGS 1. Request for Public Hearing on March 10, 2009, to authorize the issuance of General Obligation Bonds through the Virginia Public School Authority (VPSA) for certain school renovations. (Diane Hyatt, Chief Financial Officer) N. CITIZENS' COMMENTS AND COMMUNICATIONS 3 O. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency P. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Richard C. Flora 2. Joseph P. McNamara 3. Charlotte A. Moore 4. Joseph B. "Butch" Church 5. Michael W. Altizer Q. CLOSED MEETING R. WORK SESSIONS (Training Room - 4th floor) 1. Work session to provide an update on the ICLEI program - Local Governments for Sustainability. (Anne Marie Green, Director, General Services) 2. Work session for the Budget for Fiscal Year 2009-2010. (John Chambliss, County Administrator; Brent Robertson, Director of Management and Budget) 3. Work session to discuss the future of the Explore Park property. (John Chambliss, County Administrator) S. CERTIFICATION RESOLUTION T. ADJOURNMENT 4 ACTION NO. ITEM NO. -:D - \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 Annual report from the Roanoke Regional Partnership (Beth Doughty, Executive Director) AGENDA ITEM: APPROVED BY: John M. Chambliss, Jr. i1~ County Administrator ~- COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for Beth Doughty, Executive Director, Roanoke Regional Partnership to provide the partnership's annual report to the Board. Attending the meeting with Ms. Doughty will be Rob Ledger, Director of Business Development, and Pete Eshelman, Director of Outdoor Branding. ACTION NO. ITEM NO. E.-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 AGENDA ITEM: Carried over request for public hearing and first reading for rezoning ordinance; consent agenda, namely petition of Foxhall Properties, LLC SUBMITTED BY: Paul M. Mahoney County Attorney COllNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: On January 27,2009, the Board of Supervisors consideration of this ordinance resulted in a tie vote. Section 2-123 (k) of the Roanoke County Code provides as follows: In the event of a tie in votes on any motion, due to an absence of a board member, consideration of the motion shall be carried over until the next regular meeting. In the event of a tie vote on any motion due to an abstention, the motion shall be considered to have been defeated. Therefore, this first reading of a rezoning ordinance is before the Board again for its consideration. Both Section 30-14 of the Roanoke County Code and Sections 15.2-2285 and 15.2-2286 of the State Code mandate that the Board hold a public hearing on rezoning petitions. Further, Section 15.2-2286.A.7. states that a rezoning petition "shall be acted upon and a decision made within such reasonable time as may be necessary which shall not exceed 12 months." Therefore, the petitioner in this matter is entitled to both a public hearing and a decision by the Board on its rezoning petition. Section 18.04 of the Roanoke County Charter provides that no ordinance (unless it is an emergency measure) shall be passed until it has been read by title at two regular meetings. For over twenty years the Board has followed the procedure of approving or adopting a rezoning ordinance at a first reading under a consent agenda. This satisfied both the Page 1 of 2 procedural requirement of the County Charter and also scheduled the required public hearing. As was reported to the Board on January 27, 2009, the first reading on this ordinance is accomplished by adoption of this ordinance in the manner of consent agenda item. The adoption of this item does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of this ordinance. The second reading and public hearing on this ordinance is scheduled for February 24. 2009. The title of this ordinance is as follows: 1. The petition of Foxhall Properties, LLC to rezone 12.237 acres from 1-1, Low Intensity Industrial District, to 1-2CS, High Intensity Industrial District with Conditions and Special Use Permit, for the purpose of operating an asphalt plant and construction yard located at 4127 West Main Street, Salem, Catawba Magisterial District. Maps are attached. More detailed information is available in the Clerk's Office. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of this rezoning ordinance for the purpose of scheduling the second reading and public hearing for February 24. 2009. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Page 2 of 2 pz( )~03701 PZ-O~03rzod. ;(e 20f1,'1/t } suf County of Roanoke Community Development Planning & Zoning For Staff Use Oul . Date received: Recei~d by: oP 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Check type of application filed (check all that apply) ~ Rezoning :W Special Use 0 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review 4Pplicants name/address. wlzip LLC 1"oxhall Propertles, cIa Gary W. Wright 523 Rutherford Avenue", N.E. Roanoke. Vir inia 24u27 Phone: Work: Cell #: Pax No..: (')40) q82-2%6 (540) 982..2942 Owner's nllme/address wlzip City at Salem Attn: City Manager 114 North Broad St~eet j inia 24153 Property Location 4121 West Main Street Salem, Virginia 24153 Tax Map N 0.,: bgli::b2~0~-1 0.00-0000 Size ofparcel(s): Acres: 12.237 ac.. ~i~ Phone #: Wo~: (540) 375-3017 Pax No, #: Magisterial District: Catawba Community Planning area: tllenvar Existing Zoning: 1-1 (S) E .. L d U Fonner xlstmg an se: C . Proposed Zoning: 1-2( C) (SUP) Proposed Land Use: Asphalt Plant and Construct;ioIl Yard Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes XX No IFNO,A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes XX No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes XX No Variance/Waiver of Section( s) ofthe Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal ofInterpretation ofSection(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE R/S/W/CP VlAA R/S/W/CP VfAA R/S/W/CP V/AA rn Consultation 8 1/2" x 11" concept plan ~ Application fee Application Metes and bounds description . Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the ro erD' or the owner's ~xnt or contract purchaser and am acting with the knowledge and consent of the ownec FO r: RROEER\I'I~_ C ~ l<.J /J<'")L Owner's Signanue Gary' W. 1;\Tr,ight ,,/ CIW~~~__- 2 KeVln oggess, City Manager JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant Foxhall Properties. LLC The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The subject parcel, already zoned 1-1, is located in an industrial area. The sub j ec t parcel is designated as "principal indus trial" in the Catm ty , s comprehensive plan. The Zoning Ordinance notes that the 1-2 zoning district should coincide with the principal industrial land use category, as is the case here. The parcel's close proximity to the interstate highway system makes it particularly suitable for industrial uses which relate to the interstate highway system - such as an asphalt plant and a construction yard associated wi th the asphalt production and ~Qnstr.ticti6nbnsiness. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The Catmty' s comprehensive plan designates this parcel and this general area along West Main Street as principal industrial. That designation is consistent with the current development patterns in the area. As noted in the comprehensive developnent plan, industrial uses not only provide jobs for nearby residents, but also benefit commercial customers. That is particularly the case with asphalt plants for which proximity has a direct impact on cost. Direct access to public streets with sufficient capacity, as is the case here, is encouraged for property designated as principal industrial. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. No negative impacts on the subject property, adjoining properties, the surrounding area, or public services and facilities are anticipated. In fact the proposed uses should be economic contributors to the County's operations, rather than consumers of County services. The proposed asphalt plant use will be subject to the issuance of a special use permit. Additionally, the asphalt plant operation is subject to the continuing oversight of and regulation by the Virginia Department of Environmental Quality. 3 1'~p,~~s~f~{t14~;R~~Bii~;r,Ok~!;: ..... '::':"i<.~',: ~ -<.; ~ ~-":~.;'" ';";\?;.:'--"-,:.:,,\/.~: -"'>-".,'.' ,,:,:,>,.',:-::,':7::, , ':::,~::., c;J:'i ...:.,'-'-.r' ~j.~:,;-:,,~'.~;:>L.';' \:,',; -- ~_, i;,",..;- :,,':\ '_ :.- .,'-,-'c.-';-:-' . ;:<,-':<~:<< '.'-.<' "1 ~~':':,:~_:_:j:'~:::-~~-~;i;-' A concept plan of the proposed project must be submitted with the application.. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development ofthe property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan.. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15..2-2232) review and variance applications. The plan should be prepared by a professional site planner" The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some ofthe items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS v' a. Applicant name and name of development ....-- b. Date, scale and north arrow --- c. Lot size in acres or square feet and dimensions Location, names of owners and Roanoke County tax map numbers of adjoining properties Physical features such as ground cover, natural watercourses, floodplain, etc. .......------d. ....-------: _ e. ~f. .....----- g.. ....-------h. ..-I. ..:::J. The zoning and land use of all adjacent properties All property lines and easements All buildings, existing and proposed, and dimensions, floor area and heights Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development Dimensions and locations of all driveways, parking spaces and loading spaces Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS ~ k.. Existing utilities (water, sewer, storm drains) and connections at the site ~ I. Any driveways, entrances/exits, curb openings and crossovers "'----m. Topography map in a suitable scale and contour intervals .......----- n. Approximate street grades and site distances at intersections -----0. Locations of all adjacent fire hydrants ~ Any proffered conditions at the site and how they are addressed 111",- q.. If prqject is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. FOXHAll PROPEfTIESl) LLC . _ tJLU~ applicant Gary Wright I;L ,p $: 2OC'J!j Date 6 ROANOKE COUNTY CONCEPT PLAN CHECKLIST ~,Nfr If development is to be phased, a concept plan is required showing entire development. 1 V Development name and use. V Owner's name, address and telephone number. ~ Date, scale of plat and north point of map. '~ Topography map with a suitable scale and contour interval., t1.A All natural watercourses. V All property lines. ~ ' Locations, names of adjoining property owners and/or properties, and Roanoke County tax map numbers on parcels adjacentto project. ' / The zoning and land use of all adjacent properties. / All parking and loading spaces. / Sidewalks, alleys and any easements. V- Any driveways, entrances/exits, curb openings and crossovers. , 'V The locations, widths and names of all existing or platted streets or other public ways within or adjacent to the development.' ,. ~ Approximate stre~t gr~<!e:s an_d sight distances at all intersections. , v---' All buildings. NA- Is building to be sprinkled? ~ A copy of Western Virginia Water Authority ryvvwA) water and sewer maps (if required). N,I\. Please submit any proffer conditions at the site and show how they are addressed. / Address stormwater management; provide location and HEC-2 or HEC-RAS Analysis ifinfloodplain. v Has the Virginia Department of Transportation (VDOT) been provid~d with plans? ~ Has the Western Virginia Water Authority ryvvwA) been provided with plans? Refer to their checklist. N f\. Has the Town of Vinton been provided with plans? N f+ Has the Health Department been provided with plans? N A- Has the Department of Environmental Quality been contacted for potential stream or wetland impact? I certify that all items required in the checklist above are complete and submitted. ~.~ Signa~ . /2-/05' / Cifl . Date 11 Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Transportation Engineering Manager or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective Date: April 19, 2005 Foxhall Properties, LLC ~, ;;a;;IiO>r !' Petitioner's Si9ire ;1- .. .2t?o8 Date Community Development Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic-generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County Transportation Engineering Manager, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reselVe the right to request a traffic study at any time, as deemed necessary.) High Traffic-Generating Land Uses: . Single-family residential subdivisions, Multi-family residential units, or Apartments with more than 75 dwelling units . Restaurant (with or without drive-through windows) . Gas station/Convenience store/Car wash . Retail shop/Shopping center . Offices (including: financial institutions, general, medical, etc.) . Regional public facilities . Educational/Recreational facilities . Religious assemblies . Hotel/Motel . Golf course . Hospital/Nursing home/Clinic . Industrial site/Factory . Day care center . Bank . Non-specific use requests Road Network Situations: . Development adjacent to/with access onto/within 500-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221,419, etc) . For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly . When required to evaluate access issues . Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.) . Development in an area where there is a known existing traffic and/or safety problem . Development would potentially negatively impact existing/planned traffic signal(s) . Substantial departure from the Community Plan . Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day The following is a metes and bounds description for a portion of Roanoke County Tax number 54.04-01-10 being new Tract "B" property ofthe City of Salem to be rezoned to 1-2. The description is as follows: BEGINNING at Comer #2, said point being the southeasterly comer of property of Gary L. and Kimberly A. Slate, Roanoke County Tax number 54.04-01-14, said point also located on the northerly right-of-way' of U.S. Route 11/460 (West Main Street); thence leaving U.S. Route 11/460 and with Slate N 220 55' 27" Wand passing the southeasterly comer of Tax number 54.04-01-13 at approximately 135.47 property of Gary L. and Kimberly A. Slate passing the southeasterly comer of property of Robert B. Crouse, Tax number 54.04-01-12, at approximately 489.97 feet; passing southeasterly comer of Tax number 54.04-01-11 property of Robert B. Crouse, at 842.98 feet in all 1044.98 feet to Comer #3, said point being the northeasterly comer of property of Robert B. Crouse and said point also located on southerly right-of-way of Interstate 81; thence leaving Crouse with Interstate 81 along a curve to the right, said curve which is defined by delta angle of 080 57' 23", a radius of 2771.79 feet, an arc of 433.29 feet, a chord of 432.85, and bearing N 40039' 18" E to Comer #4, said point being the northwesterly comer of Public Utility Lot 'A' property of Ohio State Cellular Phone Company, Inc., being Tax number 54.04-01-10.01, thence leaving Interstate 81 with Ohio State Cellular Phone Company, Inc., for the following 2 courses, S 410 16' 56" E, 133.61 feet to Comer #5; thence N 480 43' 30" E, 138.33 feet to Comer #6, said point located on the westerly boundary of property of Ronald L. and Trina W. Moran, Tax number 55.03-03-36; thence leaving Ohio State Cellular and with Moran for the following 2 courses, S 270 20' 52" E, 268.55 feet to Comer #7; thence N 77036' 08" E, 15.00 feet to Comer #8; thenceS 230 23' 52" E, passing the northwesterly comer of Tax number 55.03-03-35, property of Ronald L. and Trina W. Moran at 10.20 feet in all 550.01 feet to Comer #8A; thence leaving Ronald L. and Trina W. Moran and with five new division lines/rezoning lines comprising the northerly and westerly boundary of proposed new Tract "A" as follows, S 610 56' 38" W, 444.00 feet to Comer #IE; thence S 200 16' 35" E, 148.99 feet to Comer #ID; thence S 610 56' 38" W, 50.00 feet to Comer #IC; thence S 280 03' 22" E, 106.49 feet to Comer #IB; thence S 730 03' 22" E, 34.85 feet to Comer #IA, said point located on the northerly right-of-way of U.S. Route 11/460; thence leaving proposed new Tract "A" and with the northerly right-of-way U.S. Route 11/460, S 610 56' 45" W, 138.94 feet to Comer #2 to the place BEGINNING and containing 12.237 acres as more particularly shown on Exhibit prepared by Lumsden Associates, P.C. dated December 5,2008. Address of Subiect Property: 4127 West Main Street Catawba Magisterial District Roanoke County Tax Map No.: Portion of 054.04-01-10.00-0000 Present Zoning: 1-1 (S) Low Intensity Industrial District w/conditions Proposed Zonina: 1-2(C)(S) High Intensity Industrial District w/conditions and Special Use permitting asphalt plant Applicant's Name: Foxhall Properties, LLC Owner: City of Salem PROFFER The undersigned applicant and owner do hereby proffer the following condition in conjunction with rezoning application: 1. In addition to the uses currently permitted in the 1-1 Low Intensity Industrial District, only the following additional uses shall be permitted on the property: a) Asphalt Plant; and b) Construction Yard associated with the asphalt production and construction business. Dated this 4th day of December, 2008 Respectfully submitted, APPLICANT: :XH~~. OWNER: / :~TYO~s::~~- " Xe'J '-ow .::;, ~QhL~gS,g;.. Its: { ~ +1 V\ltro,\A[~41~ ADJOINING PROPERTY OWNERS Roanoke County Tax Parcel: 054.04-01-10.00-0000 ROANOKE COUNTY. VIRGINIA TAX MAP NO. OWNERlSl I ADDRESS ZONING 054.04-01-08.00-0000 Robert R. Radford R1 4436 Tobey Road Salem, VirQinia 24153 054.04-01-09.00-0000 Daryl L. Wood R1 4458 Tobey Road Salem, Virginia 24153 054.02-04-04.01-0000 Joseph Lee Wimmer, et als. R1 1390 Skyview Road . Salem, Viminia 24153 054.02-04-04.00-0000 Larue L. Wimmer Life Estate R1 c/o Joseph Wimmer 1390 Skyview Road Salem, VirQinia 24153 054.04-01-10.01-0000 Ohio State Cellular Phone Company, Inc. 11S 4115 West Main Street Salem, Virginia 24153 055.03-03-36.00-0000 Ronald L. & Trina W. Moran 11 3050 Creekside Drive Salem, VirQinia 24153 055.03-03-35.00-0000 Ronald L. & Trina W. Moran 11 3050 Creekside Drive Salem, Virginia 24153 055.03-03-32.00-0000 H & H Associates 12 4126 West Main Street Salem, Virginia 24153 055.03-03-33.00-0000 H & H Associates 12 4126 West Main Street Salem, Virginia 24153 055.03-03-34.00-0000 H & H Associates Limited Company 12 4126 West Main Street Salem, Virginia 24153 054.04-02-01.00-0000 Brian Wesley Perkins 12 4180 West Main Street Salem, VirQinia 24153 ADJOINING PROPERTY OWNERS Roanoke County Tax Parcel: 054.04-01-10.00-0000 ROANOKE COUNTY. VIRGINIA 054.04-01-14.00-0000 Gary L. & Kimberly A. Slate C2C 4145 West Main Street Salem, Virginia 24153 054.04-01-13.00-0000 Gary L. & Kimberly A. Slate C2 4145 West Main Street Salem, VirQinia 24153 054.04-01-12.00-0000 Robert B. Crouse C2 P. O. Box 100 Daleville, VirQinia 24083 054.04-01-11.00-0000 Robert B. Crouse C2 P. O. Box 100 Daleville, Virginia 24083 GF blfNN rH~MANN ~A~~~ b~~~lAnf MARYELLENF. GOODLATTE Direct Dial (540) 224-8018 E-mailmgoodlatte@gfdg.com December 5, 2008 HAND DELIVERED Mr. Philip Thompson Deputy Director of Planning Roanoke County Planning & Zoning 5204 Bernard Drive Roanoke, Virginia 24018-0798 Re: Roanoke County Tax Parcel #054.04-01-10.00-0000 Dear Mr. Thompson: Foxhall Properties, LLC, is the contract purchaser of the above parcel now owned by the City of Salem. The site, now abandoned, formerly served as the City of Salem's water filtration plant. Foxhall Properties, an entity affiliated with Adams Construction Company ("Adams") wishes to use 12.237 acres of the parcel for an asphalt plant and a construction yard associated with Adams' asphalt production and construction business. The entire parcel is currently zoned I-I. Foxhall believes that a portion of this property (i.e. approximately 3.007 acres fronting on West Main Street) would have its highest and best use as a future commercial development unrelated to asphalt plant operations. That frontage parcel is not necessary for the operation of the asphalt plant and related construction yard and, indeed, can serve as a spatial buffer between the proposed 1-2 uses and other development along West Main Street. Foxhall Properties hereby submits its application to rezone 12.237 acres of Tax Parcel #054.04-01-10.00-0000 from I-I to 1-2, subject to proffered conditions, and seeks a special use permit allowing the development and operation of an asphalt plant. Founded in 1946, Adams is one of the oldest paving companies in Virginia. It currently operates 22 asphalt plants in Virginia and North Carolina. Its corporate headquarters are in Roanoke and it employs approximately 600 people. Its current Roanoke County operations are located in the Hollins Magisterial District. In order to better serve its customers, Adams needs an asphalt plant in the western portion of the County. The above referenced site, located in an industrial area with 37 CAMPBELL AVENUE S.w. ROANOKE YIRGI NIA 24011 P 540 224 8000 F 540 224 8050 POST OFFICE Box 2887 ROANOKE VIRGINIA 24001 WWW.GFDG.COM ;~6" s~~ 4tE"RI'tI'-~ GFmG Mr. Philip Thompson December 5, 2008 Page 2 close proximity to southwestern Roanoke County, Montgomery County, the City of Salem and Interstate-81, would serve that need. As shown on the enclosed concept plan, operations on the 1-2 parcel would be buffered by the frontage parcel (which will remain I-I until its redevelopment is determined) and by landscaped borders. To the greatest extent possible, Adams intends to use existing structures on the site to store materials and equipment. The general configuration of an asphalt plant is depicted on the enclosed photographs of Adams' Rockingham County facility. While the depicted facility has three silos which store the heated asphalt, the new plant proposed for this site would have only 2 storage silos which, with all attachments, would be no more than 75 feet high. The photographs show the close proximity of the asphalt plant to one of Rockingham County's newest elementary schools. Essentially, the school "came" to the asphalt plant, being constructed after the asphalt plant had been in operation for many years. In contrast to the significant buffers proposed for the Roanoke County site, Rockingham County created no visual barrier between the school and the plant. Before it can operate, the asphalt plant must not only comply with all Roanoke County regulations but receive a permit from Virginia's Department of Environmental Quality (DEQ), its regulator. The substance for which an asphalt plant is regulated is dust. As an asphalt plant blends, processes and heats aggregates, it must trap and hold particu1ants to avoid their release into the environment. Adams' equipment and operations are designed to avoid any such release. To assure compliance, asphalt plant operators are subject to unannounced examinations by DEQ inspectors and continuing adherence to DEQ regulations. Current asphalt production methods do not result in the emission of odor or dust. Since its founding in 1946, Adams has participated in the construction of every interstate highway in Virginia, as well as most of our state's primary highways. Its work is not limited to the public arena, but includes building parking lots and access roads, large and small, for companies and individuals. It is among industry leaders in its use of recycled asphalt. This new plant, if approved, will allow Adams to meet public and private demands in a cost effective manner for many years to come. Accordingly, in addition to the photographs described above, we enclose the following: GF Mr. Philip Thompson December 5, 2008 Page 3 1. Rezoning Application; 2. Concept plan checklist; 3. Concept plan; 4. Metes and bounds description with associated plat; 5. Proffer Statement; 6. List of adjoining property owners; and 7. A check in the amount of$1,230.00 representing the application filing fee. Please let me know what additional information we can provide you as the County reviews this request. Very truly yours, /lJa/Uy-ib~ Maryellen F. Goodlatte MFG:lnh:6607000 Enclosures c: Adams Construction Company (w/enc.) Talfourd H. Kemper, Esq. (w/enc.) 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Roanoke County Deparlment of Community Development Applicants Name: Foxhall Properties, LLC Existing Zoning: 11 S Proposed Zoning: 12CS Tax Map Number: 054.04-01-10.00-0000 Magisterial District: Catawba Area: 12.237 Acres 8 December, 2008 Scale: 1" = 300' land Use _ Conservation _ Rural Preserve _ Rural Village Viii age Center Development _ Neighborhood Conservation _ Transition _ Core _ Principal Industrial Roanoke County Deparlment of Community Development N A Applicants Name: Foxhall Properties, LLC Existing Zoning: 11 S Proposed Zoning: 12CS Tax Map Number: 054.04-01-10.00-0000 Magisterial District: Catawba Area: 12.237 Acres 8 December, 2008 Scale: 1" = 300' ~ ~ A)<.)<A & \ ISite~ p~>~~ 1\.' ><'>!x x xX" x ~ ~ X?x x x x?-Xx-/xXX ~>> ~ x ~ x ~ /xx x x x NV')< ~ x ~ xX" ~ Xx ~~\ UxxXxX XXXXX xxxxx~ x x x x x x X~ >t .~ x X X x ><x x x x X? Y>(xx X;Xx>Q<xxx~ ~X ~ XX~XXxx'" :xxx x xXx x ~ x ~xxXXx xxxxxx~ ~ xXxXx Xx X XJ<x x>< ~ x~ x ; ~ X X x XX>< , ><..J<.J<x x x x xX" x ><x x x x X x x X~ ..zx x x Xx0 X A ><.x xXxx XXX x~ X xxx0x ?x\ Xx X xxxXXx xXxx X XXX X X XXX Xx X XA xXXXXXX XXXXXXX XXX~ X X X X X X~ X X X X X X X XX" X ><x X X X X X X X X XJ<\ X X X X XXx>Q<x ~ X ~ x>9- .XX X X XX'~X x xXJ<xxA XXX X X XXX X X XXX X X ~ Xx ~ X X X ~ >< X ~~ ~ x~ X X X X X X X X X X X X X X X\ X X X..J< X X X ><x 0 ~ X X X X X X X X X X X xJ< X)<x X X X xxx X .x?< X ~ ~ >Q< X X X X X X V0~)< x X XJ<l< x x X X XX^)< Xx ~ ~ X xJ< x X >< XXXXXX Y ~ Zoning V ZONING V1 _AG3 _EP _AG1 AR _AV C1 _C2 _ C2CVOO 11 _12 V _PCO _PRO _PTO R1 R2 _R3 _R4 RB GB _CB M1 ~ _M2 -- Roanoke County Deparlment of Community Development N A Applicants Name: Foxhall Properties, LLC Existing Zoning: 11 S Proposed Zoning: 12CS Tax Map Number: 054.04-01-10.00-0000 Magisterial District: Catawba Area: 12.237 Acres 8 December, 2008 Scale: 1" = 300' \ \ / ...'. I j I /' /// / // / / / // ;/ /~ '---. ----- I I / ,/ / // I' 1/;1 / I 1/ /f / / II " '" " U I I'~ , I. ~ I' I, , 'I :.J ,I, " I \ t I \ \ I ....... ~ =:~ . ~ ---. I ~ 't: ~~ ~~ · t _ i ~I ~ ~ l ~ I 1 ~ ~ , '\ ~ \ 1 ~ ) ,. {- ...... ,; I' .... "( ~ ~ t '\ , 1 I l L f t~ { r' I I , I ~ l ~ I . \ ~ ,- ~ ~ \ \ ~ ~J~-- ~ " ~ \.. // 7,_ ~ Y , , \ \ \, \ ~ / ~~... " :: "r ~ ~ i' ~~-~ :>II ~:\". ~ 1 J p' I J ~ ~ ~ ;3 ~ U ~ .;.~- I I I I · \ ;)/ I / J. .\. - "\, - I~ < 1 '~ ~ ' \I~ " I ~~' ~ , 1",1 Ir- " ACTION NO. ITEM NO. c; - \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 AGENDA ITEM: Presentation from the U. S. Marine Corps Reserve Unit and the Marine Corps League and appropriation of $8,000 proceeds from the 13th annual Marine Mud Run SUBMITTED BY: Pete Haislip Director of Parks, Recreation, and Tourism APPROVED BY: John Chambliss .i, / County Administrator ; ~ COUNTY ADMINISTRATOR'S COMMENTS: u')e~ ''A-pp,-e, ;e.....J..e. 'rA~ hc.,,-J w(")r/c.. CL/'It:/ s(..c.'pjJcJrr- of -fl".! t?"hA~iJCJ..-.. /<e- ~&J.1?'" e., j Appro i/~.I. SUMMARY OF INFORMATION: In its 13th year, the Marine Corps Mud Run continues to be one of the Roanoke Valley's signature running and fundraising events. This event is one that draws the interest of many individual and its team competition has become popular with school groups, athletic teams, as well as teams made up of friends and neighbors. The event represents a long running partnership, lead by the Roanoke Valley Detachment 426 of the Marine Corps League with support from Marine Corps Reserve Unit, Company B, 4th Combat Engineer Battalion, in cooperation with the Roanoke County Department of Parks, Recreation, and Tourism and many other corporate sponsors. The beneficiaries of this event are the nationally recognized Marine Toys for Tots program and on the local level, Camp Roanoke. We are proud of our partnership with the Marines and look forward to working with them for years to come. This year's $8,000 contribution brings the total amount contributed over the years to $68,200. These funds will be used for facility improvements at the camp. A visit to Camp Roanoke will document the many improvements these funds have made over the years and with the current economy, these types of donations are more important than ever. The presentation will be made by Marine Corps League Commandant Colonel Gene Nervo, Senior Vice Commandant Moses Stevens and Paymaster James E. Stokes, III. 1 FISCAL IMPACT: The funds will be appropriated to the Camp Roanoke Fee Class Account for improvements at the camp. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the $8,000 contribution from the 13th annual Marine Corps League Mud Run to the Camp Roanoke Fee Class Account. 2 CERTIFICATE OF RECOGNITION AWARDED TO U. S. Marine Corps League Roanoke Valley Detachment 426 for their continued support of Camp Roanoke ~ In its thirteenth year, the Marine Corps Mud Run at Green Hill Park continues to be one of the Roanoke Valley's signature running and fundraising event, receiving media support from around the state and including runners of all ages. ~ The event represents a long running partnership, lead by the Roanoke Valley Detachment 426 of the Marine Corps League with support from the Marine Corps Reserve Unit, Company B, 4th Combat Engineer Battalion, and in cooperation with the Roanoke County Department of Parks, Recreation and Tourism and other corporate sponsors ~ This event is designed to raise funds for the nationally recognized Marine Toys for Tots Program and on the local level, Camp Roanoke. ~ The contribution from the Marines this year is $8,000 and brings the total amount contributed to $68,200. oseph P. McNamara, Vice-Chairman ~B. "~~ .(!b~ os ph B. "Butch" Church ~,~.S> G. ~o.r.... Richard C. Flora (Jk.J<ta a m~ Charlotte A. Moore (,ountP of 3aoanoke CERTIFICATE OF RECOGNITION AWARDED TO u. S. Marine Corps Reserve Unit for their continued support of Camp Roanoke ~ In its thirteenth year, the Marine Corps Mud Run at Green Hill Park continues to be one of the Roanoke Valley's signature running and fundraising event, receiving media support from around the state and including runners of all ages. ~ The event represents a long running partnership, lead by the Roanoke Valley Detachment 426 of the Marine Corps League with support from the Marine Corps Reserve Unit, Company B, 4th Combat Engineer Battalion, and in cooperation with the Roanoke County Department of Parks, Recreation and . Tourism and other corporate sponsors ~ This event is designed to raise funds for the nationally recognized Marine Toys for Tots Program and on the local level, Camp Roanoke. ~ The contribution from the Marines this year is $8,000 and brings the total amount contributed to $68,200. Presented this 10th day of February 2009 oseph P. McNamara, Vice-Chairman ~B. "&.Irl'(!b..~ os ph B. "Butch" Church ~\~Y (. ~c:w.... Richard C. Flora (lJ,a.Jda, a m~ Charlotte A. Moore ACTION NO. G-~ ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 AGENDA ITEM: Request to approve a name for Roanoke County's New Multi- Generational Recreation Center SUBMITTED BY: Pete Haislip, Director Parks, Recreation and Tourism APPROVED BY: John M. Chambliss, Jr. "7 County Administrator /r?C- COUNTY ADMINISTRATOR'S COMMENTS: 11 e.G.&.>,n.n eA./ ~/;vve..j SUMMARY OF INFORMATION: At a work session held on January 27, 2009, with the Board of Supervisors, parks and recreation staff and members of the Parks and Recreation Advisory Commission presented recommendations for naming the multi-gen center and the attached outdoor water park. The recommendations that were brought to the work session were that the center be named the Green Ridge Recreation Center and that the outdoor water park be called Splash Valley. Staff explained that there was a consensus of both staff and Advisory Commission members to name the center Green Ridge; however, no consensus was reached regarding a descriptive ending i.e. Recreation Center, Family Center, or Aquatics and Fitness Center etc. Green Ridge Recreation Center was the choice and recommendation of the parks and recreation staff. During the work session everyone present, including members of Board of Supervisors, supported naming the outdoor water park Splash Valley and everyone supported Green Ridge as the primary name for the center; however, no consensus was reached on a descriptive ending. After much discussion, the Board directed that staff review the ending and come back with a recommendation at the February 10, 2009, Board meeting. Staff has met and recommends the following name for consideration: the Green Ridge Recreation Center. 1 FISCAL IMPACT: None ALTERNATIVES: Alternative 1: Alternative 2: Name the recreation center "Green Ridge Recreation Center". Choose another alternate ending for Green Ridge. STAFF RECOMMENDATION: Staff recommends approval of Alternative 1. 2 ACTION NO. G-3 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 AGENDA ITEM: Request to amend (reduce) the appropriation of funds in the amount of $2,918,959 resulting from decreased revenue projections and state allocations. SUBMITTED BY: Brent Robertson Director, Management and Budget APPROVED BY: John M. Chambliss, Jr. ..-1.L County Administrator ;~ ~ COUNTY ADMINISTRATOR'S COMMENTS: ih; J, ~~ '"' +; c)" r 4!.,f'/e..:.:f>r/' ~ b LI.l~ ~ f c. I, c_nl) eJj;;,- l~,- c.... 1""'#2...1- ,r;~c.~-f l' t!'~. '~e Lo ;~", ell../ AI ,j1/,"o""":" / SUMMARY OF INFORMATION: At a work session on December 16, 2008, staff updated the Board of Supervisors on the status of current year (FY08-09) revenue estimates, which indicated that projected revenues would fall short of the current revenue budget by $2,918,959. Attached is a summary of the specific categories and amounts of the estimated shortfall. In order to reflect current estimates, it is desirable to amend FY2008-09 appropriations. Revenue appropriations will be reduced $2,918,959 in the categories indicated on the attached summary and expenditure appropriations will be reduced by the same amount as follows: Job Bank/Personnel Savings Departmental Budget Reductions GASB 45 Savings Police District (1/2 year) Economic Development Funds Total Expenditure Reductions $1,432,502 761,957 200,000 157,500 367,000 $2,918,959 1 FISCAL IMPACT: General Government revenues will be reduced by $2,918,959 and General Government expenditures will be reduced by the same amount. STAFF RECOMMENDATION: Staff recommends amending FY2008-09 appropriations by reducing both General Government revenues and expenditures by $2,918,959 2 ACTION NO. ITEM NO. 1+-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 AGENDA ITEM: First reading of an ordinance authorizing conveyance of an easement to Appalachian Power Company for electric service across property owned by the Board of Supervisors at the Roanoke County Fleet Services Building SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: l1e. c.; cm;,-,e_;, J 4fJ/"<:)"/'~ / ;,L SUMMARY OF INFORMATION: This is the first reading of an ordinance that dedicates an easement through the Fleet Services Building property in order for Appalachian Power Company to provide the electrical service required for the new facility on Hollins Road. Attached for your review you will find an agreement between the Board of Supervisors and Appalachian Power Company, and a map showing the location of this easement on the Fleet Service Center property. Second reading will be held February 24, 2009. Map No. 3780-206-C3 W. O. No. W001884801 Prop No. Job No. 09-100008 THIS AGREEMENT, made this 29th day of January ,2009, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, herein called "Grantors," and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "Appalachian." WITNESSETH: THA T for and in consideration of the sum of ONE DOLLAR ($1.00), cash in hand paid to Grantors by Appalachian, the receipt whereof is hereby acknowledged, Grantors hereby grant and convey to Appalachian, its successors and assigns, a " non-exclusive " right of way and easement with the right, privilege and authority to Appalachian, its successors and assigns to construct, erect, install, operate, maintain, renew and remove a line or lines, for the purpose of transmitting electric power underground, including electric service lines and extensions therefrom, in, on, along, over, through, across and under the lands of the Grantors identified as Tax Parcel 039.05-02-04.00-0000, situated in The Hollins District, County of Roanoke. Being a right of way and easement to provide electrical service to Roanoke County Fleet Services Center at 5235 Hollins Road. Said right of way and easement depicted as a Proposed Underground Electric Line on Appalachian Power Company drawing No. V-1987, dated 1/28/09, entitled, "Proposed Right of Way on the Property of Roanoke County Board of Supervisors Fleet Services Building" attached hereto and made a part hereof. TOGETHER with the right to Appalachian, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew, add to the number of, and relocate at will, underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures THIS INSTRUMENT PREPARED BY AND UPON RECORDATION RETURN TO APPALACHIAN POWER COMPANY, P.O. BOX 2021, ROANOKE VIRGINIA 24022-2121 and appurtenances (hereinafter called "Appalachian Facilities"), in, on, along, through, across and under the above referred to premises; the right to cut, trim and/or otherwise control any trees overhanging branches, shrubs, roots, brush, undergrowth, or other obstructions which may interfere with or endanger the safety or use of, Appalachian's Facilities; the right to disturb the surface of said premises and to excavate thereon; and the right of ingress and egress to and over said above referred to premises, for the purposes of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith; also the privilege of removing at any time any or all of said improvements erected or installed in, on, along, through, or across and under the above referred to premises as may be required by Appalachian for the full enjoyment or relinquishment of the rights herein granted. Appalachian agrees to restore and repair any damage to Grantor's property that may be caused by the construction, operation, or maintenance of said easement. The Grantor agrees that Appalachian will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with Appalachian in effectuating such restoration. APPALACHIAN will indemnify and save the Grantor harmless against any and all loss or damage, accidents, or injuries, to persons or property, whether of the Grantor or of any other persons or corporations arising in the manner from the negligence of Appalachian in the construction, operation, or maintenance, or failure to properly construct, operate, or maintain its facilities installed upon the right of way granted by this agreement. John M. Chambliss, County Administrator of Roanoke County, Virginia joins in the execution of this instrument to signify the conveyance by the Board of Supervisors of Roanoke County, Virginia, of the real estate conveyed herein pursuant to Ordinance No. adopted by the said Board of Supervisors on the day of ,2009. 2 TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors and assigns. It is agreed that this foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions, NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. WITNESS the following signatures and seals. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: John M. Chambliss County Administrator of Roanoke County, Virginia STATE OF VIRGINIA ) ) ) TO-WIT: COUNTY OF ROANOKE The foregoing instrument was acknowledged before me this _ day of 2009, by John M. Chambliss, County Administrator of Roanoke County, Virginia. NOTARY PUBLIC My Commission Expires: 3 I /I I I I I I \ l \ \ \ " \ -~ \\ ~ \ II \ \\~ \ \ \ \\ \ [g] --1 \II \ bd \1\\\ \ \ \\ \. H "\ I' III e..!I , 0 r.~ : I ~~,!: , " \ \ ~ ~ w ; ~ ..........J I ~'E . 1 ' ~~ \ \ \ \ \ III \ \ \ \\' \ I I I I I 1 I \ ~ ~o:: \X~ st! ~ ..... , , , I l ( ~ ~~ r~ I ~... ....... u .Ii ... 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O::t-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, FEBRUARY 10, 2009 ORDINANCE AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE ACROSS PROPERTY OWNED BY THE BOARD OF SUPERVISORS AT THE ROANOKE COUNTY FLEET SERVICES BUILDING WHEREAS, Roanoke County is in the process of constructing a Fleet Services Building located on Hollins Road; and WHEREAS, Appalachian Power Company (APCO) requires a right-of-way and easement for underground transmission lines on the County's property to provide electric service to the site as shown on the plat entitled "Proposed Right-of-Way on the Property of the Roanoke County Board of Supervisors Fleet Services Building" dated January 28, 2009; and WHEREAS, the proposed right-of-way will serve the interests of the public and is necessary for the public health, safety, and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on February 10,2009, and a second reading was held on February 24,2009. 1 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to APCO for the provision of electrical service in connection with Roanoke County's Fleet Services Building. 3. That donation to APCO of an easement and right-of-way for underground transmission lines and related improvements, within the easement area designated on the above-mentioned map, on the County's property (Tax Map No. 39.05-2-4) to provide electric service to the Fleet Services Building is hereby authorized and approved. 4. That the County Administrator, or any assistant county administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. 2 ACTION NO. 3'1-'3 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 AGENDA ITEM: Appointments to Committees, Commissions, and Boards SUBMITTED BY: Brenda J. Holton, CMC Deputy Clerk to the Board APPROVED BY: John M. Chambliss, Jr. A.-L County Administrator ~.. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. League of Older Americans - Advisory Council The one-year term of Beverly Eyerly will expire on March 31,2009. 2. Library Board (appointed by district) Lisa Boggess, Vinton Magisterial District, is no longer a County resident. Her four-year term expired on December 31, 2008. Herman Lowe, Catawba Magisterial District, resigned effective January 5,2009. His four-year term will expire on December 31, 2011. 3. Social Services Advisory Board (appointed by district) The four-year term 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. t< 1-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 2009 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K- 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 February 10, 2009 designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Resolution of appreciation to Linda D. Trail, Social Services Department, upon her retirement after twenty-two years of service 2. Acceptance of Golden Oak Lane, Hollins Magisterial District, into the Virginia Department of Transportation Secondary System 3. Request from the schools to accept and appropriate funds in the amount of $2,500 for fiscal year 2008-2009 for the Autism Program 4. Acceptance of a portion of Chestnut Mountain Circle, Rte 1034, Vinton Magisterial District, into the Virginia Department of Transportation Secondary System 5. Acceptance of the donation of a new permanent public drainage easement on property of Quarles Petroleum Incorporated, Tract "E-1", Fort Lewis Industrial Park, and a new permanent public drainage easement on property of Salem Ready Mix Concrete, Inc., Tract "E_2", Fort Lewis Industrial Park, Catawba Magisterial District That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. ACTION NO. ITEM NO. l< -I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 AGENDA ITEM: Resolution of appreciation to Linda D. Trail, Social Services Department, upon her retirement after twenty-two years of service SUBMITTED BY: Brenda J. Holton Deputy Clerk to the Board John M. Chambliss, Jr. C'l-L County Administrator {J APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval SUMMARY OF INFORMATION: Linda D. Trail, Social Services, retired on February 1, 2009, and has requested that her resolution of appreciation be mailed to her. STAFF RECOMMENDATION: It is recommended that the Board approve the attached resolution and direct the Deputy Clerk to mail it to Ms. Trail with the appreciation of the Board members for her many years of service to the County. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 2009 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LINDA D. TRAIL, SOCIAL SERVICES DEPARTMENT, UPON HER RETIREMENT AFTER TWENTY. TWO YEARS OF SERVICE WHEREAS, Linda D. Trail was employed by Roanoke County on February 1,1987; and WHEREAS, Ms. Trail retired on February 1, 2009, as an Eligibility Worker with the Social Services Department after twenty-two years of service to Roanoke County; and WHEREAS, Ms. Trail, a compassionate and empathic individual, listened to citizens' concerns and offered assistance without bias; and citizens often commented that they were touched by her kindnesses and ability to not judge them; and WHEREAS, Ms. Trail exceeded the expectations for service delivery to those individuals in need; and WHEREAS, Ms. Trail, 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 LINDA D. TRAIL for twenty-two 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. ACTION NO. ITEM NO. f<- 2- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 AGENDA ITEM: Acceptance of Golden Oak Lane, Hollins Magisterial District, into the Virginia Department of Transportation Secondary System. SUBMITTED BY: Arnold Covey Director, Community Development APPROVED BY: John M. Chambliss, Jr. ..-tL County Administrator / . COUNTY ADMINISTRATOR'S COMMENTS: A e.(..-{) ,,,,,, tN. J ~{1" r:J i/.....I SUMMARY OF INFORMATION: Benchmark Builders, Inc., the developer of Oak Knoll at Barrens in the Hollins Magisterial District, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.19 mile of Golden Oak Lane from the intersection of Barrens Road (VA See Rte # 1832) to its Cul-de-sac. The staff has inspected the 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 the acceptance of Golden Oak Lane into the Secondary Road System. THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 10TH DAY OF FEBRUARY 2009 ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF GOLDEN OAK LANE, HOLLINS MAGISTERIAL DISTRICT, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached VDOT Form AM-4.3, 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 AM-4.3 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. 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: Brenda Holton, Deputy Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File ,... ,. , I'. In the County of Roanoke ..................................................................................................u................................................................................................................................................................... By resolution of the governing body adopted Februa.ry 10,2009 17tefol/owing VDOT JtormAM-4.3 is hereby afiached and incorporated {IS pflrt (.lIthe governing body's relwluti(}n ft>r change.f in tile ...eCmtdal:V .f)'...tem of state lsighwa.vs. A Cop>, 'l'estee Signed (CoUltly Official): RellOI"t of Changes in the Secondary System of State Highwa~'s ProJElct:JSubdlvlsion 'Oak Knoll At Barrens Tyoe Chan2e to the Secondary System of State Hil!hways: Addition The following additions to the Secondary'System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to COdE! of Vir~linia. statute<!: ~33.1-229 street ~Jame and{or Route Number ~ Golden Oak Lane, State Route Nuptber 2019 Old Route Number: 0 ------._-------~---_.--_..._---_._-----_._------ From: Barrens Road Route 1832 To: Cul-de-sac, a distance of: 0.19 miles. Right of Way width (feet):::: 40 Feet VOOT '<orm J>.M-4,3 (412()''2007), Asset M;lnilgemanl Dlvls!c.n Page 1 of 1 ..'\ f.\ ff(ANCC DR. ''''''-' r "",' . EJ.Af/RfNS RD. fllDGfVlfW pR. it . VICINITY MAP ~. NORTH. ~.. .....!' , PROPOSED ADDITION S~QWN IN GRAY . . : LENGTH RiGHT' OF WAY ROADWAY WIDTH SERVicES I.. Miles Feet Feet Houses : Golden Oak Lane" from the' intersection with Barrens 0.19 40 28 30 . Road (VA Sec. Rte #1832 to its Cul-de-sac. . . .- DESCR.IPTION r' . ROANOKE COUNT:( : IJEP..A..R'fMENT o.F COMMT:JNITY. DE,v:E.LOf!MENT .,.. "j'v'> . . . .. J....,. ..." .... Oak Knoll at Barrens Acceptance of Golden Oak Lane into the Virginia Department of Transportation Secondary System. i ... . :. -'''lI .\.:. .~ ACTION NO. ITEM NO. J(- '3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 AGENDA ITEM: Request from the schools to accept and appropriate funds in the amount of $2,500 for fiscal year 2008-2009 for the Autism Program APPROVED BY: John M. Chambliss, Jr. J.L.. County Administrator If'. COLlNTY ADMINISTRATOR'S COMMENTS: A it. ,;..:un" e., J 4,,"I".'V"~/ SUMMARY OF INFORMATION: Roanoke County Schools requests that the Board accept and appropriate the following: Virginia Commonwealth University Training and Technical Assistance Center (TTAC) has agreed to provide funding of $2,500 to build local capacity and implement effective supports for students in Roanoke County Public Schools with autism. The funding will be used to cover conference registration fees/expenses, expenses for a parent/family event, and instructional materials utilized to benefit students with autism. FISCAL IMPACT: The special education budget will be increased by $2,500. AL TERNATIVES: None STAFF RECOMMENDATION: Staff recommends that the Board accept and appropriate funds in the amount of $2,500 for the Autism Program. ACTION NO. ITEM NO. K -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 AGENDA ITEM: Acceptance of a portion of Chestnut Mountain Circle, Rte 1034, Vinton Magisterial District, into the Virginia Department of Transportation Secondary System SUBMITTED BY: Arnold Covey Director of Community Development APPROVED BY: John M. Chambliss, Jr. G.i-. County Administrator tl COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. SUMMARY OF INFORMATION: Subsequent to adjacent property owners' request, County staff has worked with Virginia Department of Transportation (VDOT) staff to extend the State maintained portion of Chestnut Mountain Circle, Rte 1034, to a proposed cul-de-sac. The extension will be from the existing end of State maintenance to the end of the proposed cul-de-sac, approximately 0.0890 mile in length. On January 27, 2009 the Board of Supervisors approved Ordinance Number 012709-3 accepting the donated right-of-way for this project (See Exhibit "A"). FISCAL IMPACT: None. ALTERNATIVES: 1. Approve the attached resolution requesting VDOT to accept a portion of Chestnut Mountain Circle, Rte. 1034 into the Secondary Road System 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends approval of Alternative 1. LENGTH 1.1.97' 2,00 N/F TAX PARCEL 61.04-2-76 ELIZABETH R, HEVENER I LOT I BLOCK 2 CHESTNUT MOUNTAiN ESTATES 1 _ _ L N2.J"58'00"E" INSTR. #200302287 145"Je"' -- N/F TAX PARCEL 61.04-2-77 ELIZABETH R. HEVENER PT TRACT 5 N/F TAX PARCEL 61.04-2-81 GARY A. MYERS GYYNNE D, MYERS \of1} NEW TRACT B PA 0.8. 1296, PG. 459 S'r..4ryo~ __ J19.94 N/F TAX PARCEL 61.04-2-80 JEFFREY W. THOMAS RHONDA L. THOMAS PT TRACT 5 c.L. BUSH ESTA TE D.B.1388, PG 1584 MASONRY WALl, CURVE DA TA CURVE: "F" CURVE: ';4" R-25.00' R-25.00' L-I7..JJ' L-17..JJ' 0-.19'42'49" 0-.:19'42'49" T-9.O.J' T-9.0.J' CH-N49'47'J6'"W CH-S89'.J0'24"E" CHORD D/ST.-16.98' CHORD DIST.-16.98' ~ ~?i~ ~\Il~Ill (,ji:!19o ::::~ ~ ~~~ III CURVE "E"' CURVE "B' R-40.00' R-40. 00 , L-55.4S' L-55.45' D-79"25'.J8" D-79"25'.J8" T-.J.J.22' T=.J.J.22' CH-N69'.J900'"W CH-S69'.J9 'OO"E' CHORD DIST.-51.12' CHORD D/ST.-51.12' '- UASONRY WAll ;' N/F TAX PARCEL 61.04-2-78 PATRICIA RUSH WILLIAMSON PT TRACT 5 c.L. BUSH ESTATE W.B, 55. PG. 493 CURVE: '2]' CURVE: "C' R-25.00' R-25.oo' L-I7..JJ' L-I7..JJ' D-.J9'42 '49 " D-.J9'42 '49 " T-9.0.J' T-9.0.J' CH-N89',JO'24'"W CH-S49'47'J6"€ CHORD D/ST.-16.98' CHORD DIST.-16.98' ~ / .r:j);, ~,O;'~~ 7'",. U.P. '2] I , I , / L2" GUY " ANCHOR ;' LINE' L1 L2 N/F TAX PARCEL 61.04-2-79 JOYCE R, SHIELDS PT TRACT 5 c.L. BUSHESTATE 0.8. 976. PG. 810 ~ RIGHT-OF-WAY TO BE ACCEPTED ~ PORTION BOARD OF EXHIBIT "A" PLAT SHOWING OF CHESTNUT MOUNTAIN CIRCLE RTE. 1034 REQUESTED BY SUPERVISORS, ROANOKE COUNTY SANITARY MANHOLE' "I" TOP EUV.-1212.9' Eo /NV. /N-1207.7' S. INV. 0UT-1207.6' TO BE ACCEPTED INTO VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA SCALE: 1"= 50' DATE: NOVEMBER 3. 2008 PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT SANITARY MANHOLE "2" TOP EUV.-12J2.95' N,4 /NV. IN-1227.95' s/E' /NV. /N-1227.9' W. /NV. OUT-1226.I' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 2009 RESOLUTION ACCEPTANCE OF A PORTION OF CHESTNUT MOUNTAIN CIRCLE, RTE 1034, 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 subdivision ordinance satisfies subsection B of 933.1-72.1, Code of Virginia, and is therefore eligible to make qualifying additions to tile secondary system of state highways maintained by the Virginia Department of Transportation and fund necessary improvements as setout therein, except as otherwise prohibited by subsection B of 933.1-72.2, 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 $ 62,321.00; NOW, THEREFORE, BE IT RESOLVED, pursuant to 933.1-72.1, 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 unrestricted, which right of way guarantee shall including any necessary easements required for cuts, fills, and drainage: Name of Subdivision: C.L. Bush Estate Name of Street: Chestnut Mountain Circle, Rte. 1034 From: Existing end of State maintenance To: Proposed cul-de-sac Length: 0.0890 miles and Date Recorded: 02/05/09 BE IT FURTHER RESOLVED, this 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 Roanoke County Secondary Six Year State Funds Amount $ 00000.00 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 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 the 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. Recorded Vote Moved By: Seconded By: Yeas: Nays: A Copy Teste: (Name), (Title) ACTION NO. ITEM NO. k-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 AGENDA ITEM: Donation of a new PERMANENT PUBLIC DRAINAGE EASEMENT on property of Quarles Petroleum Incorporated (Tax Map No. 55.02-02-13.01), Tract "E-1 ", Fort Lewis Industrial Park, and a new PERMANENT PUBLIC DRAINAGE EASEMENT on property of Salem Ready Mix Concrete, Inc. (Tax Map No. 55.02-02-13.00), Tract "E-2" Fort Lewis Industrial Park, Catawba Magisterial District SUBMITTED BY: Joseph B. Obenshain Senior Assistant County Attorney APPROVED BY: John M. Chambliss, Jr. tt.L County Administrator ~ j, COUNTY ADMINISTRATOR'S COMMENTS: f{ e 4'M;tI~_,. ,/ 4/,., ,-,,_ / SUMMARY OF INFORMATION: This consent agenda item involves acceptance of the following easements conveyed to the Board of Supervisors of Roanoke County for public drainage easements in the Catawba Magisterial District of the County of Roanoke. These Easement areas have been determined to be necessary for the construction of the new Quarles unmanned fueling station on Shawnee Drive off of U. S. Route 11/460 West and are located on a portion of the Fort Lewis Industrial Park property. a) Donation by Quarles Petroleum Incorporated of a public drainage easement, variable in width, across property situated along Shawnee Drive, Route 1170. The location of said easement is shown on a plat entitled "Exhibit Showing PERMANENT PUBLIC DRAINAGE EASEMENT (0.023 ACRES) & PRIVATE STORMWATER MANAGEMENT, MAINTENANCE & ACCESS EASEMENT AREA (0.104 ACRES) situated on Tract "E-1" Fort Lewis Industrial Park (D.B. 1234, Pg. 759) property of Quarles Petroleum Incorporated, Catawba 1 Magisterial District, Roanoke County, Virginia", dated December 30, 2008, prepared by Lumsden Associates, P.C., a copy of which is attached as Exhibit A. b) Donation by Salem Ready Mix Concrete, Inc. of a public drainage easement, variable in width, across property situated along Shawnee Drive, Route 1170. The location of said easement is shown on a plat entitled "Exhibit Showing NEW VARIABLE WIDTH PERMANENT PUBLIC DRAINAGE EASEMENT (0.032 ACRES) situated on Tract "E-2" Fort Lewis Industrial Park (D.B. 1234, Pg. 759) property of Salem Ready Mix Concrete, Inc., Catawba Magisterial District, Roanoke County, Virginia" dated December 30, 2008, prepared by Lumsden Associates, P.C., a copy of which is attached as Exhibit B. The locations and dimensions of these easements have been reviewed and approved by the County's engineering staff. VDOT staff has affirmed VDOT's responsibility to maintain the permanent public drainage easements in so far as their use affects the public street. A new private variable width stormwater management, access and maintenance easement area indicated on Exhibit A is not being dedicated to or accepted by the County. 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ITEM NO. fY\-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10,2009 AGENDA ITEM: Request for Public Hearing on March 10, 2009, to authorize the issuance of General Obligation Bonds through the Virginia Public School Authority (VPSA) for certain school renovations SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: John M. Chambliss, Jr. County Administrator fL COUNTY ADMINISTRATOR'S COMMENTS: /~ e. ,-" Nl ~ oIt.,. J ,.1;0;11' e.' (/~- / 'Th;s :; eO?h1 s /. J.~ fAe 6'::J+ 'r/,fte- lu i'J?~",'e t.'~ ~e"^./ "',. Ii.. 1'1, e J': /',- ~,.; .. .. Ii . SUMMARY OF INFORMATION: School staff is currently completing an application to participate in the 2009 Spring VPSA sale. The process for the VPSA bonds has changed slightly - now only a School Board resolution is required to submit the application. The Board of Supervisors is still required to hold a public hearing and adopt a resolution prior to the actual sale of the bonds. The Schools will be applying for funds for the renovation of William Byrd High School, Mount Pleasant Elementary School, Green Valley Elementary School, and Cave Spring Elementary School. The total project costs will be approximately $48 million (net of the cash being used for the projects). The Schools have determined that Mason Cove Elementary School will need a new school, rather than a renovation. Since it will take longer to develop these plans, this project will be financed through the 2009 Fall VPSA sale. It appears to be a very favorable market to issue these bonds. VPSA had some trouble selling the 2008 Fall VPSA sale because of the volatility in the market; however, the bankers and VPSA are confident that this has subsided for the time being and we should see very favorable rates in the 2009 Spring sale. 1 The timetable for this issue will be as follows: February 24, 2009 March 10, 2009 March 11, 2009 April 21, 2009 May 7, 2009 School Board adopts resolution County Board Public Hearing and adoption of resolution Application is due Bonds are priced Bonds are closed and funds are available The debt service for these bonds is available within the future debt service fund, and the $3,188,000 that the School Board set aside for the debt on the four elementary schools. The debt service for the 2009 Fall VPSA sale for the new Mason Cove Elementary School is available in these funds as well. STAFF RECOMMENDATION: Staff recommends scheduling a public hearing on the sale of VPSA bonds on March 10, 2009. 2 0-1 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA % of General Amount Fund Revenue Audited balance at June 30, 2008 $ 16,743,199 9.51 % * Addition for 2007-08 Operations 906,609 Appropriation for staff at the Clearbrook Station (156,000) Balance at February 10, 2009 $ 17,493,808 9.30% ** Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2007-08 a range of 8.5%-9.5% of General Fund Revenues 2007-2008 General Fund Revenues $176,033,678 8.5% of General Fund Revenues $14,962,863 9.5% of General Fund Revenues $16,723,199 ** 2008-09 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 9.30% which is within the ran for 2008-09. The balance will be increased over time to the following ranges: 2009-2010 2010-2011 9.5%-10.5% 10.0%-11.0% Submitted By Rebecca E. Owens Director of Finance Approved By John M. Chambliss, Jr./,- County Administrator .. 0.. J.- COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Audited balance at June 30, 2008 Amount $1,540,757.20 Addition for 2007-2008 Operations 298,490,00 Unappropriate funds for architect/engineering fees for the renovation of the former Southview Elementary School 175,000.00 Appropriate additional funding for Bent Mountain Station Parking Lot (81,376.00) Balance at February 10, 2009 $1,932,871.20 Maior County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Audited balance at June 30, 2008 $2,339,030,00 $2,339,030.00 Balance at February 10, 2009 Submitted By Rebecca E, Owens Director of Finance Approved By John M, Chambliss, Jr. JL County Administrator t' June 24, 2008 July 8,2008 August 28, 2008 Submitted By Approved By RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA From 2008-2009 Original Budget Allocation to Art Museum of Western Virginia and Roanoke County Public Schools for Education Appropriation for Legislative Liaison Appropriation for Development of a Regional Water Supply Plan Balance at February 10, 2009 Rebecca E. Owens Director of Finance John M. Chambliss, Jr. d~ County Administrator / r D-'3 Amount $ 300,000.00 (200,000.00) ($24,000.00) ($11,100.00) $ 64,900.00 ACTION NO. ITEM NO. f<-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 AGENDA ITEM: Work session to provide an update on the ICLEI program - Local Governments for Sustainability SUBMITTED BY: Anne Marie Green Director of General Services APPROVED BY: John M. Chambliss, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for an update on the ICLEI program: 1. Staff will present an executive summary (Attachment A) of the Milestone One report, which details the measurement of the carbon footprint for Roanoke County governmental operations and for the Roanoke County community. If the Board approves the content of the summary, the entire report will be placed on the February 24,2009, agenda for approval. 2. Staff will also discuss Milestone Two, setting a target reduction for greenhouse gas emissions. If the Board agrees on a target, this will also be brought back for approval at the February 24,2009, meeting. 3. Staff recommends that the County achieve Milestone Three, Developing a Local Action Plan, through the creation of the Roanoke County Community Leaders Environmental Action Roundtable (RC-CLEAR). The proposed by laws for the RC-CLEAR are provided as Attachment B. This committee will be appointed by the Board, and will be responsible for recommending actions for both the County and the Communityto meet the target set in Milestone Two. If the Board has suggestions for appointments to this committee at the work session, those names can be added to the consent agenda for the February 24, 2009, meeting. Attachment A EXECUTIVE SUMMARY Background. On August 14, 2007, the Roanoke County Board of Supervisors voted unanimously to join ICLEI - Local Governments for Sustainability. ICLEI is a worldwide organization dedicated to helping local governments generate political and public awareness of environmental and sustainability issues and providing technical assistance along with training and support to realize tangible goals. Its flagship program is Cities for Climate Protection (CCP), which provides software and technical assistance for measuring and reducing greenhouse gas (GHG) emissions. Roanoke County used ICLEl's Clean Air and Climate Protection (CACP) software to assist in preparing this report. Other Roanoke Valley municipalities are also involved in GHG assessments. The City of Roanoke has completed ICLEI Milestones One and Two, and the City of Salem is in the process of performing a GHG baseline emissions study. ICLEl's CCP program consists of 5 Milestones: 1. Conducting a GHG emissions inventory. 2. Adopting an emissions reduction target. 3. Developing a Local Action Plan. 4. Implementing policies and measures in the plan. 5. Monitoring and verifying results. The benefits of undertaking this project are significant: . Reducing the local community's contribution to global warming. . Reducing long-term energy costs in an environment where coal and gas prices are either rising rapidly or are unstable. . Improving local air quality, especially federally-regulated ozone and particulates (PM2.5, also known as soot) . Encouraging the creation of new, green jobs in the community. . Building on Roanoke County's reputation as a clean, healthy place to live and work. This report documents the fulfilment of ICLEI Milestone One for Roanoke County via performance of an inventory of GHG emissions. The measurements are expressed as carbon dioxide equivalent in either tons or pounds. This calculation is commonly referred to as the "carbon footprint" and to a great extent expresses local consumption of fossil fuels: coal, oil and natural gas. The GHG Inventory Project. "You manage what you measure" is a useful business maxim and serves as the rationale for Milestone One. During the summer of 2008, Roanoke County staff organized a planning group to guide the County's ICLEI efforts. The first step consisted of measuring the carbon footprint for: . The entire Roanoke County community, including residential, commercial, industrial and transportation sources; and · County government (municipal) as a subset of the community carbon footprint. Page 1 of 7 Attachment A The findings - Roanoke County community-wide. The total carbon footprint for Roanoke County for the baseline year of 2007 was calculated to be over 1.86 million tons. -rhis figure was arrived at by entering information from utilities, data from VDOT pertaining to vet"licle types and total miles travelled, and other pertinent fuel and energy data into the CACP software. After conversion to the CO2 equivalent, the composition of Roanoke County's carbon footprint when viewed by energy source was found to be: . 47010 from using electricity. . 25010 from burning gasoline. . 14010 from burning natural gas. . 1 DOlo from burning diesel fuel. . 3010 from burning fuel oil/propane. . 1 % from decomposing waste. Electricity plays a disproportionately large role in the local carbon footprint because . Over 88010 of Roanoke County's electric power is derived from burning coal. . Coal emits about twice as much carbon dioxide per unit of energy as natural gas. . Coal emits about 50010 more carbon dioxide than gasoline per unit of energy. (See Appendix A for details on coal compared with other fossil fuels.) When viewed by sector, residential usage is, not surprisingly, the biggest contributor, with transportation and commercial usages dominating the remainder. . 400/0 residential . 35010 transportation . 160/0 commercial . 70/0 industrial . 2010 waste Roanoke County CO2 Emissions By Sector (2007) Roanoke County CO2 Emissions By Source (2007) Fuel Oil/Propane 3" Figure 1: Roanoke County CO2 Emissions by Sector and Source (2007) Note that transportation includes all vehicles, commercial as well as private. -rhe cornmercial and industrial sectors include energy used at the respective sites and other emissions generated by those users. Page 2 of 7 Attachment A The findings - Roanoke County government. The County government's carbon footprint was approximately 14,000 tons, less than one percent of the total for the community. Roanoke County Equivalent CO2 Emissions (2007) Figure 2: Comparison of Community and Municipal CO2 Emissions (2007) The majority of County government emissions comes from the fleet, followed closely by energy used to heat and cool buildings. However, the single greatest source of GHG is the County's use of electricity, again because it comes from coal fired power plants. 2007 Municipal C02 Emissions Streetlights 60/0 Fleet 480/0 Buildings 460/0 Figure 3: Percentage of Roanoke County Municipal CO2 Emissions (2007) Page 3 of 7 Attachment A Percentage of Roanoke County Municipal C02 Emissions by Source (2007) Gas oline 320/0 · Bectricity 480/0 Dies el 130/0 Propane .I 00/0 \ Natural Gas 70/0 Figure 4: Percentage of Roanoke County Municipal CO2 Emissions by Source (2007) Administrative buildings, which include the Administration Center and the Courthouse, are responsible for the largest amount of emissions, followed by the Public Safety Center. Libraries and fire stations together are the next largest users, with Kessler Mill Road and Parks a distant third. 2007 Municipal Buildings C02 Emissions Parks Libraries 70/0 110/0 Adminis tration 320/0 Fire 170..10 RJblic Safety 260/0 Figure 5: Roanoke County Percentage Municipal CO2 Emissions by Sector (2007) Page 4 of 7 Attachment A The County's fuel use has gone up between 2001 and 2007, which reflects additional vehicles on the road, particularly in public safety, but the cost has increased dramatically, as can be seen on the chart below. Roanoke County Municipal Fuel Use 1400000 1200000 1000000 - 800000 . 600000 400000 200000 o . ; 11_' I , [ - 19 Gallons . Cost ($) I -\ 2001 2007 Figure 6: Roanoke County Municipal Fuel Use (2001 vs. 2007) Management of the government's energy use is critical since: . Energy use is a growing part of the County budget, a cost born by local taxpayers. . Roanoke County has had an environmental management system since 2001 and has already demonstrated expertise in reducing energy use. . County government can playa constructive role in educating and assisting local citizens and businesses with reducing their energy use. Recommendations. Using Milestone One data as a baseline, Roanoke County can now move into Milestones Two, Three and Four of the rCLEI process and then follow up with Milestone Five. Milestone 2: Adopting emissions reduction targets. . Most local governments aim to reduce GHG emissions by 20/0 of the baseline amount per year for the next forty years. This is the minimum level that is believed to be necessary to stabilize the amount of carbon dioxide in the atmosphere and thus to stabilize the global climate. . The first steps in this process can be attained by adopting good conservation practices and implementing available energy efficiency technology. It is generally believed that such actions can bring about reductions of 20-300/0 over time. · Later reductions are dependent on converting our energy systems to renewable sources. Staff recommends adoption of a community target of 30/0 reduction of GHG emissions Page 5 of 7 Attachment A per year from 2010 to 2020. For the municipal sector, the target is to stop increasing GHG emissions by the year 2012, and then adopt a target of 3% reduction per year to 2020. In 2020, progress will be assessed and the reduction target revised, if needed, or continued at 3% per year until the goal is met. Milestone 3: Developing a Local Action Plan Developing the local action plan will be best achieved through formation of an action- oriented citizens' committee to be known as "Roanoke County Community Leaders Environmental Action Roundtable" (RC-CLEAR). RC-CLEAR'S primary purpose will be identifying ways to reduce emissions and long-term energy costs by developing strategies for improved energy efficiency and conservation. Appointments will be made by the Board of Supervisors, and the committee will be comprised of stakeholders who represent diverse elements of the community (e.g. commerce, industry, churches, and non-profits) and who are keenly interested in pursuing the goal of environmental sustainability. Milestone 4: Implementing policies and measures Recommendations from RC-CLEAR and other sources can be implemented in the community and County operations as soon as they are developed and (if necessary) the budget allows. This approach is preferable to waiting until a comprehensive plan is worked out, because the County can benefit from early results while the planning process is ongoing. Milestone 5: Monitoring and verifying results It is anticipated that this process will be done by County staff and/or interns using the ICLEI software. Page 6 of 7 Attachment A APPENDIX A CO2 from various fuel sources Emissions are shown in units of C02 per Btu of energy in the fuel (not to be confused with carbon/Btu (the difference being the molecular weight of carbon, 12, vs. that of C02, 44, both of which units are used variously (and sometimes confusingly). Note that coal is 92 vs. natural gas at 53, gasoline at 70.5 and fuel oil at 72.5. The units are metric tons of C02 per billion Btu. One also has to take into account the efficiency which can be achieved by a fuel during use. Conventional pulverized coal plants are lucky to get close to 40% efficiency (usually less) due to energy used in post-combustion controls, while newer IGCCs can get higher efficiency. In comparison combined cycle (gas turbine plus steam cycle) existina natural gas plants get efficiencies in the 50 to 55% or greater range. That increases the GHG advantage of natural gas even further. New combined cvcle I\lG plants emit less than half as much as a conventional coal plant per unit of electrical enerav produced. Afi1Iio. Short T ODS Million Metrk TODS Cuoon Cuoon DioDde p<< Dioxide per Quatb-illion Fnel Tl1Je Ouadrillion Bm Btuf>) Pelrole'Um Motor GMOline 77-7 705 LPG 69.1 62.7 Jet Fuel. 77-9 70.7 Dis.tillate Fuel. 79.9 725 Residual Fuel 86,6 78.6 Asphalt and Road 00-") 84.2 76.4 Lubricmu{b) 84.9 no Pelrocllemica1 Feed 77.8 70,6 kiatian Gas{b) 77.7 705 Krro~ 77.9 70,7 Petroleum Coke(h) 109,2 99.1 Special Kaphtha(>o) 77.7 705 0tW: Waxes and ?o.-fiscellaneous'-") 84.2 76.4 Coal") Anthracite' Cool 112,5 102.1 BituminO\ls Coal 101.5 92.1 Subbitumioous Coal 105,0 95.3 Lip;nite 1065 96.6 Nalunl Gas Flare Gas") 60.8 55.2 Natural Gas 58.2 52.8 (a) Assumes comwsion ofl quadrillion Btu - 1.0551 exajoules and frICtion combusted - 99 percent, (b) Emissions coefficieob are EIA estimates based on \DlOOlyiDg chm1ical composition of the product (c) Coal emissions mctor is for 1990: varies by.20.2 percent in o~ YellS, NA - not Inuble. Source: U.S. Department orEIlBg)', EDa!)' Information Administration. 1993, Tabk 11 in Emi.isiOIU ofGnrenhowe GaJes in tire United Sftltes 198.5-1990. DOEoR<\-0573, U,S. ~'mIIDeIlt Primin2: Office, Washmr.tOll, DC, Page 7 of 7 Attachment B ROANOKE COUNTY COMMUNITY LEADERS ENVIRONMENTAL ACTION ROUNDT ABLE BY LAWS Article I - Name The name of this organization shall be the Roanoke County Community Leaders Environmental Action Roundtable, hereinafter referred to as RCCLEAR Article II - Principal Place of Business The principal place of business of RCCLEAR shall be in the County of Roanoke, Virginia. Meetings may be held at suitable Roanoke County facilities or other site as determined by the committee. Article III - Purpose RCCLEAR shall develop a climate action plan for the County of Roanoke intended to reduce greenhouse gas emissions, promote energy conservation, and improve Roanoke Valley air quality, consistent with targets established by the Roanoke County Board of Supervisors (BOS), utilizing conservation, energy efficiency and the promotion of clean, renewable energy. Article IV - Duties and Functions Relative to Purpose RCCLEAR is to act in an advisory role to the Board of Supervisors and to provide a written community climate action plan designed to reduce greenhouse gases and attain the annual target reduction set by the Board of Supervisors. On an ongoing basis, over the life of the ICLEI Project, with staff support, RCCLEAR will promote and facilitate the implementation of the Plan, rally community support and monitor progress while keeping the Board of Supervisors informed about progress toward the goal. In support of this purpose, RCCLEAR shall have the following duties and perform the following functions: 1. Work with various segments of the private sector, including educational, commercial, industrial and non profit organizations, in support of the purpose of RCCLEAR. 2. Prepare a comprehensive written action plan by January 1, 2010, setting forth actions to meet the County's greenhouse gas reduction goals. Because of the wide variety of elements that may be included in the final action plan, RC-CLEAR may submit interim reports and recommendations to the Board of Supervisors to take advantage of early opportunities to accomplish those goals. 3. Research funding sources to implement the action plan. 4. Create subcommittees as appropriate to assist with the work of RCCLEAR. 5. Keep accurate records of its meetings and actions. 6. Attend events, conferences and meetings, as necessary, to develop and retain contact with organizations and agencies working on similar programs. 7. Organize or participate in any activity necessary to further implement the action plan. Article V - Publications and Advertisements RCCLEAR may advertise, publish, and distribute material it deems necessary for its work. Article VI- Finances 1. General Monies received by RCCLEAR may be expended for purposes consistent with its purpose. Any monies received will be held by Roanoke County as fiscal agent, and expenditures shall be voted on by a majority of RCCLEAR members and recorded by the Roanoke County Department of General Services. 2. Accounting Procedure All monies maintained or expended by RCCLEAR shall be in accordance with Roanoke county accounting and procurement procedures. Article VIII - Structure of RC-CLEAR 1. General RCCLEAR consists of 11 members, appointed two from each Magisterial District to be selected by that district's Supervisor from among citizens deemed to be qualified under Paragraph 4, below and one senior management executive selected by the County Administrator. The term will be three years with an opportunity to renew up to 2 additional terms. For the initial appointment, four members will serve for an initial three year term, three members for a two year term, and three members with a one-year term so that after three years all members' terms do not expire at the same time. The staff representative will serve at the pleasure of the Administrator. The citizens appointed to RC-CLEAR shall serve without pay. 2. Lapse in reappointment of a Member In the event a Member's term has expired and there is a lapse in reappointment, that Member will continue to serve in the interim. In the event that a Member resigns from RC-CLEAR, the Supervisor will appoint a replacement to fill the remaining term of that Member. 3. Officers The committee members shall elect their own chair, vice chair and secretary for one year terms. The Chairperson is responsible for overall leadership of RCCLEAR, communicating with the Board of Supervisors, setting meeting agendas, preparing reports, soliciting community support, approving minutes, appointing subcommittees and task force groups and other mission related actions. 4. Member Qualifications Members must live, work or do business in the county and shall possess one or more of the following traits or characteristics: . Demonstrated community service experience . Business leadership . Direct knowledge of climate change and other environmental issues . Energy conservation knowledge . Professional educator. · The committee as a whole should include community resources from sectors such as transportation, utilities, construction, education, industry, retail, and non profits . Members must live, work and/or do business in the County . Interest in and knowledge of renewable energy sources and technology. 5. Removal of a member or officer If a member or officer fails to reasonably participate in the work of the committee or engages in activities that are detrimental to the purposes of the committee, he/she shall be notified in writing by the chair and if there is no improvement shall be removed from the committee by BOTH a majority vote by the committee at its regular meeting and approval of the Supervisor who appointed him or her (or that Supervisor's successor), who will then appoint a replacement to fill the remainder of the term. Article IX - Officers 1. Chair a. Election and Tenure The Chair shall be elected by and from the membership no later than the second meeting of RCCLEAR each calendar year. The Chair shall serve for a term of one calendar year and may be re-e1ected for successive terms. b. Vacancy In the event of a vacancy in the office of Chair, the Vice-Chair shall assume the office of Chair for the remainder of the term. 2. Vice-Chair a. Election and Tenure The Vice-Chair shall be elected by and from the membership no later than the second meeting of RCCLEAR each calendar year. The Vice-Chair shall serve for a term of one calendar year and may be re-e1ected for successive terms. b. Duties The Vice-Chair shall preside at all meetings of RCCLEAR in the absence of the Chair and shall perform all duties and have all powers of the Chair in case of temporary absence or incapacity of the Chair. c. Vacancy In the event of a vacancy in the office of Vice-Chair, a special election shall be held to fill the office for the remainder of the term. The special election shall be held no later than the second meeting after which the vacancy occurred. 3. Secretary a. Election and Tenure The Secretary shall be elected by and from the membership no later than the second meeting of RCCLEAR each calendar year. The Secretary shall serve for a term of one calendar year and may be re-e1ected for successive terms. b. Duties The Secretary, or his/her designee, shall keep accurate records of the meetings and other proceedings of RCCLEAR. The Secretary, or his/her designee, shall notify each member of each meeting of RCCLEAR in accordance with Article XII below. He/she shall prepare and file an annual report with the Clerk to the Board of Supervisors by the end of August. c. Vacancy In the event of a vacancy in the office of Secretary, a special election shall be held to fill the office for the remainder of the term. The special election shall be held no later than the second meeting after which the vacancy occurred. Article X - Duties of Members Each member of RCCLEAR, including the Chair, Vice-Chair, and Secretary shall carry out the duties, functions and responsibilities of RCCLEAR as detailed in Article IV. Each member shall designate an alternate to attend meetings in the event that he or she cannot be present. Article XI - Committees and Consultants 1. Committees Committees shall be established by vote of the members of RCCLEAR for any purpose deemed necessary in accordance with the purpose as detailed in Article III. At least one committee member shall be a member of RCCLEAR subcommittees and all shall be appointed by the Chair as provided by Article IX above. Each Committee shall report to RCCLEAR as necessary or upon request. 2. Consultants By vote of the members of RCCLEAR, Consultants may be appointed for any purpose deemed necessary in accordance with the purpose as detailed in Article III, providing that RC CLEAR has any necessary funding. Each Consultant shall report to RCCLEAR as necessary or upon request. a. Professional and technical assistance Professional, technical and clerical assistance will be provided where possible by Roanoke County Staff, specifically the Department of General Services. b. Selection of Consultants Consultants shall be chosen by the members. Any person or company selected, however, shall not have the rights and privileges of a member of RC CLEAR and in particular, shall not have the right to vote. Article XII - Meetings The Chair shall direct the calling of not less than one (1) regular meeting of RC CLEAR each month, with a schedule for meetings set at the beginning of each calendar year. It shall be the duty of the Chair to call special meetings when requested to do so in writing by a majority of the members of RC-CLEAR and when such written request specifies the purpose of such a meeting. At any special meeting, no business other than that specified in the written notice may be considered except by unanimous consent of those present. Article XIII - Transaction of Business 1. Quorum A majority of the members of RC-CLEAR then in office shall constitute a quorum for the transaction of any business. Any alternate appointed by the member under Article X above shall serve as the proxy for that member and will be counted as a member for the purposes of quorum and voting. 2. Conduct of Meetings All meetings shall be conducted pursuant to Roberts Rules of Order. 3. Agendas All agenda items shall be identified by title or subject matter both on the written notice of each meeting and prior to consideration at any meeting. 4. Voting A vote of the majority of the members of RC CLEAR shall be sufficient to take any matters except as otherwise stipulated in these by-laws. Any member may request that his vote on any issue be recorded as an abstention and may withdraw from consideration on any issue. At the request of any member, the Chair shall call for a recorded roll call vote on any issue. 5. Conflict of Interest No member of RC CLEAR shall introduce, speak on, or vote on any motion, resolution or issue in which that member has a personal or pecuniary interest, direct or indirect. Notwithstanding the foregoing, RC CLEAR by vote may permit or request any such member to speak or testify on any such motion, resolution or issue. 6. Open Meetings All meetings of RC CLEAR are open to the public, subject to the open meeting laws in the Code of the State of Virginia for public bodies. RC CLEAR may recess for closed meetings, citing the appropriate exemption under Virginia State Law. Article XIV - Public Hearings 1. RC-CLEAR may, at its discretion, hold public hearings or informational hearings when it determines that such hearings will be in the public interest. Notice of such hearings shall be published or posted at least fourteen (14) days prior to the date of hearings. The matter before RC-CLEAR shall be presented in summary form by a member of RC-CLEAR or by a person designated by RC-CLEAR. 2. Testimony or other evidence shall not be presented under oath. A record shall be kept of those persons testifying and/or presenting evidence at such hearings and, if appearing on behalf of another person or entity, the name of such person or entity. Article XV - Amendments to By-laws These by-laws become effective immediately upon adoption by a two-thirds majority of the members present at a meeting at which a quorum has been established. They may be amended at any time by two-thirds majority of the Members present at a meeting at which a quorum has been established, providing that all Members have been given at least seven (7) days written notice of the proposed amendment(s). Any amendments to the by-laws must be approved by the Roanoke County Board of Supervisors. All meetings prior to the adoption of these by-laws are ratified. ACTION NO. ITEM NO. A-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 AGENDA ITEM: Work Session for the Budget for Fiscal Year 2009-2010 SUBMITTED BY: John M. Chambliss, JrCl./.-....... County Administrator {f -. - COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to discuss several procedural matters regarding the budget for the next fiscal year. Specifically, we need direction on the following items: 1. The maximum tax rates for the 2009 tax year to be included in the advertisement for the public hearing. The tax rate actually adopted could be the same or less, but not above the amount advertised. We propose holding the public hearing on this matter at the March 10 meeting. 2. Confirming the schedule for the public hearing for the Human Service, Cultural and outside agencies. These hearings have generally been held on two evening meetings when there is little other business to be considered. We are suggesting March 10 and March 17 assuming that there are not rezoning public hearings scheduled for those evenings. 3. Public Hearing for Citizen input to the budget process. This hearing is held before the budget is finalized so that outside input may be considered in the Administrator's proposed budget. We are suggesting that this hearing be held on March 10 as well. Staffs are still preparing their departmental budgets and will be meeting with the County Administrator the last two weeks of February so that we can present the budget documents to the Board of Supervisors in March. ACTION NO. ITEM NO. R-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 10, 2009 AGENDA ITEM: Work session to discuss the future of the Explore Park property SLlBMITTED BY: John M. Chambliss, Jr.~ County Administrator () COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Supervisor McNamara has requested that time be set aside in work session format to discuss the future plans for the Explore Park property. Attached you will find a copy of the Board report and resolution adopted by the Board of Supervisors at your December 16, 2008 meeting concerning your legislative program for 2009 wherein item number 4 addressed some of the concerns about Explore Park. Paul Mahoney and I will be available to help answer questions or to obtain other information. 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: December 16, 2008 AGENDA ITEM: Resolution adopting a legislative program for the 2009 session of the Virginia General Assembly SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board of Supervisors annually adopts a resolution identifying its legislative priorities for the upcoming session of the Virginia General Assembly. On May 13, 2008 and July 22, 2008, the Board met in Work Session with its Legislative Liaison, Eldon James, to develop legislative initiatives for the 2009 session of the Virginia General Assembly. As a result of these work sessions, Mr. James, Mr. Chambliss and I met with the members of the Roanoke Valley legislative delegation to discuss with them the Board's concerns and initiatives. We identified the following issues of concern to Roanoke County to be addressed in the 2009 session. 1. Roanoke County will consider proposals for the creation of Community Development Authorities (CDA). Additional sources of local tax revenues could be instrumental in the success of such authorities. Therefore the Board supports (a) Amending Sec. 15.2- 5158 to increase taxing power within established CDAs to pay the principal and interest of CDA issued revenue bonds for public infrastructure improvements. This enhanced local taxing power could be applied to the transient occupancy tax, meals tax, or sales tax generated by activities within the CDA. (b) Amending Sec. 15.2-5113 to allow members of Industrial Development Authorities/Economic Development Authorities to serve on CDA. 2. The Board supports continued funding for mental health services under the Comprehensive Services Act In these difficult economic times the pool of children eligible for funding for mental health services is expanding. The Board is concerned that the budget dollars will be insufficient to satisfy the demand for services. The State pays only a percentage of the cost of mandated services. State funds will be insufficient and localities will be required to shoulder a significantly greater share of these costs. The Board opposes changing the match rates for CSA. 3. The Board supports amending the State Code to authorize the Virginia Retirement System to manage and invest trust funds for localities for other post employment benefits (OPEB) as required by GASB #45. 4. Explore Park's future may be a major concern if Virginia Living History does not exercise the lease option. Funding of the park, reversion of the land to the State, and other options for the use of the park will need to be determined. HB 1142/Chapter 655 extended the term of the reversion of the VRFA to the Commonwealth in the event it ceases to operate a project until July 2009. The Board seeks a partnership with the Commonwealth to determine the future of this valuable resource, if the lease is not exercised. 5. The General Assembly should fully fund its unfunded liabilities in the Virginia Retirement System and restore VRS to an actuarially sound status. 6. There are proposals to abolish the cash proffer system and replace it with capped impact fees for roads, schools and public safety facilities only. A Joint Study Committee will be looking at how to improve the ability of local government to implement the land use changes embodied in HB3202 (2007). This 2- year study is charged with making interim recommendations for the 2009 session. The Board believes the committee's work should be monitored closely for potential recommendations impacting local land use authority both positive and negative. 7. Annexation Moratorium. The Board requests the General Assembly extend the annexation moratorium. 8. Transportation Funding. The Board requests the General Assembly provide funding for the widening of 1-81, construction of 1-73, and improvements to U.S. Routes 11/460, 220, and 221 The attached resolution does not address what will be the most critical issue to be addressed in the 2009 session, namely, the impact on local governments and the services they provide to our citizens as a result of the significant budget reductions that will be considered by the General Assembly next year. 2 STAFF RECOMMENDATION: Staff recommends that the Board review the draft resolution for additions or deletions, and adopt a resolution identifying Roanoke County's legislative program forthe 2009 session of the Virginia General Assembly. 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 16,2008 RESOLUTION 121608-5 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2009 SESSION OF THE VIRGINIA GENERAL ASSEMBL Y, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER "rHE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2009 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2009 session of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2009 session of the Virginia General Assembly for its favorable consideration and adoption. 1. Roanoke County will consider proposals for the creation of Community Development Authorities (CDA). Additional sources of local tax revenues could be instrumental in the success of such authorities. Therefore the Board supports (a) Amending Sec. 15.2-5158 to increase taxing power within established CDAs to pay the principal and interest of CDA issued revenue bonds for public infrastructure improvements. This enhanced local taxing power could be applied to the transient occupancy tax, meals tax, or sales tax generated by activities within the CDA. (b) Amending Sec. 15.2-5113 to allow members of Industrial Development Authorities/Economic Development Authorities to serve on CDA. 2. The Board supports continued funding for mental health services under the Comprehensive Services Act In these difficult economic times the pool of children eligible for funding for mental health services is expanding. The Board is concerned that the budget dollars will be insufficient to satisfy the demand for services. The State pays only a percentage of the cost of mandated services. State funds will be insufficient and localities will be required to shoulder a significantly greater share of these costs. The Board opposes changing the match rates for CSA. 3. The Board supports amending the State Code to authorize the Virginia Retirement System to manage and invest trust funds for localities for other post employment benefits (OPEB) as required by GASB #45. 4. Explore Park's future may be a major concern if Virginia Living History does not exercise the lease option. Funding of the park, reversion of the land to the State, and other options for the use of the park will need to be determined. HB 1142/Chapter 655 extended the term of the reversion of the VRFA to the Commonwealth in the event it ceases to operate a project until July 2009. The Board seeks a partnership with the Commonwealth to determine the future of this valuable resource, if the lease is not exercised. 5. The General Assembly should fully fund its unfunded liabilities in the Virginia Retirement System and restore VRS to an actuarially sound status. 6. There are proposals to abolish the cash proffer system and replace it with capped impact fees for roads, schools and public safety facilities only. A Joint Study Committee will be looking at how to improve the ability of local government to implement the land use changes embodied in HB3202 (2007). This 2-year study is charged with making interim recommendations for the 2009 session. The Board believes the committee's work should be monitored closely for potential recommendations impacting local land use authority both positive and negative. 7. Annexation Moratorium. The Board requests the General Assembly extend the annexation moratorium. 8. Transportation Funding. The Board requests the General Assembly provide funding for the widening of 1-81, construction of 1-73, and improvements to U.S. Routes 11/460, 220, and 221. 9. The Board opposes reductions in the per diem reimbursement rate paid for housing State prisoners in local or regional jails. The elimination or reduction of this reimbursement combined with the failure to transfer State prisoners to State correctional facilities could result in a loss of over $1.8 Million for the Western Virginia Regional Jail Authority and Roanoke County. That the Clerk to the Board of Supervisors is directed to send an attested copy of this resolution to Governor Timothy Kaine, Senator John S. Edwards, Senator Ralph Smith, Delegate H. Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin; Stephanie Moon, Roanoke City Clerk; Members of the Roanoke City Council; Kevin S. 2 Boggess, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley- Alleghany Regional Commission, and the Virginia Association of Counties. On motion of Supervisor Flora to adopt the resolution with the inclusion of Item 9, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COpy TESTE: ~~, /JtU-/v.... Brenda J. Hol on, CMC Deputy Clerk to the Board c: Governor Timothy Kaine Senator John S. Edwards Senator Ralph Smith Delegate H. Morgan Griffith Delegate Onzlee Ware Delegate William Fralin Roanoke City Council, Members Stephanie Moon, Clerk, Roanoke City Council Salem City Council, Members James E. Taliaferro, II, Clerk, Salem City Council Vinton Town Council, Members Darleen Bailey, Clerk, Vinton Town Council Wayne Strickland, Executive Director, Roanoke Valley-Alleghany Regional Commission James D. Campbell, Executive Director, Virginia Association of Counties Paul Mahoney, County Attorney Eldon James, Legislative Liaison 3 s AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 10, 2009 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.