HomeMy WebLinkAbout4/14/2009 - Adopted Board RecordsATAREGULAR MEETING GF`rHE BGARD GF SUPERVISGRS GF RGANGKE
CGUNTY, VIRGINIA, HELD AT THE RGANGKE CGUNTY ADMINISTRA`I`IGN
CENTER GN TUESDAY, APRIL 14, 2009
RES4LU1'14N 041409-1 ~F APPRECIATION T4 THE COFFEE POT
LADIES AUXILIARY FOR 15 YEARS QF CARING FOR THE TRIANGLE
GARDEN AT THEC4RNER4F BRAMBLT~NAVENUEAND R4UTE419
WHEREAS, in 1993 several friends formed the Ladies Auxiliary of the Coffee Pot, a
historic roadhouse restaurant built in 1935 and located on Brambleton Avenue, in the city
of Roanoke; and
WHEREAS, the members of the auxiliary are dedicated to community service and
have a great appreciation for the environment; and
WHEREAS, the members of the auxiliary partnered with Roanoke County to
maintain and beautify the triangle garden located in the County at the corner of Brambleton
Avenue and Route 419; and
WHEREAS, the members of the auxiliary have diligently taken care of the triangle
garden for 'the past 15 years; and
WHEREAS, the Board of Supervisorswishes to thank the ladies auxiliaryfor being
an outstanding partner and providing invaluable assistance to maintain and beautify
County surroundings.
NGW, `rHEREFGRE, BE IT RESGLVED, that the Board of Supervisors of Roanoke
County, Virginia, does hereby extend its sincere appreciation to the members of the
CGFFEE PST LADIES AUXILIARY: DIANN GATEMAN, DEBORAH H. B~INMAN,
SHELIA R. DG4LEY, JANIS ERASER, SHARON GUTHRIE, EMMALEE HALL, JENNIE
HAZELGRGVE, ANGELA JAMIS4N, JANET H. KILLG4RE, DIANE 4BER, SED~NA
PATTERS4N, LYNN SPIRES, and SHARON D. THEEDE for their many years of
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commitment and devotion to the beautification of our community; and
BE IT FURTHER RESOLVED, thatthe Board of Supervisors extends its bestwishes
to the ladies in their future endeavors.
~n motion of Supervisor Moore to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
A COPY TESTE:
Becky R. Me or
Deputy Clerk to the Board
2
ATA REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF RGANGKE
CGUNTY, VIRGINIA, HELD AT THE RGANGKE CGUNTY ADMINISTRA~I~IGN
CEN~f ER GN TUESDAY, APRIL 14, 2449
RESaLUTIaN 04409-2 APPRaVING AND ADAPTING THE
RECaMMENDATI~N aF THE R~AN~KE CGUNTY BANDING
CGMMITTEE T4 DECLARE THE DEVELaPER aF MASON'S CREST
SUBDIVISION Ta BE IN DEFAULT AND Ta AUTHORIZE GFFICIALS
~F R~ANaKE CGUNTY Ta EXERCISE ITS RIGHTS UNDER THE
DEVELOPER'S ER~SIaN AND SEDIMENT CaNTR~L AGREEMENT
AND THE ACCOMPANYING IRREVOCABLE LETTER ~F CREDIT
VIJHEREAS, Radford & Company, a Virgir~ia corporation thereafter "Radford"}, as
developers of Mason's Crest Subdivision thereafter "Mason's Crest SlD"} in the Cave
Spring Magisterial District of Roanoke County, on or about June 23, 2444, entered into
an Erosion and Sediment Control Agreement thereafter "E & S Agreement"} with the
County of Roanoke and provided an irrevocable Letter of Credit issued by Salem Bank
& Trust, now StellarGne Bank thereafter "StellarGne"}, to insure 'the construction and
maintenance of certain erosion and sediment control facilities in connection with the
development of Mason's Crest SID; and
VIJHEREAS, Radford has partially complied with its legal responsibilities under
the aforesaid E & S Agreement and Roanoke County officials have a~athorized a partial
release of their Letter of Credit but a balance of $51,918.00 remains on deposit with
Stellar~ne to secure the completion of the requirement under this agreement; and
VIJHEREAS, the remaining tasks to be performed to comply with Radford's E & S
Agreement include the conversion of an existing sediment basis adjacent to the
Mountain Spring Trial into a stormwater management facility with a fully stabilized
draining area and stabilization of the areas draining into all of the erosion and sediment
traps and basins with adequate seeding and removal of temporary erosion and
sediment control measures upon successful full stabilization; and
WHEREAS, representatives of the Roanoke County Department of Community
Development have met on several occasions with Radford to discuss the status of
compliance with the E & S Agreement and finally mailed a letter to Radford, dated
February 17, 2009, requiring a response by March 2, 2009 and doci~imentation of steps
to complete their responsibilities, but no response has been received from Radford or
Stellar~ne as of this date; and
WHEREAS, the Bonding Committee for Roanoke County meeting on February
19, 209, at the Roanoke County Administration Center considered the documentation
as to the status of this subdivision project and the contacts with Radford to secure
compliance and voted to recommend that the developer be declared in default and that
the County take all necessary actions to collect the outstanding bonded proceeds; and
WHEREAS, a public hearing was held by the Board of Supervisors on this 14th
day of April, 2009, to consider the recommendation of the Bonding Committee and to
accept testimony and proposals from Radford and Stellar~ne.
NSW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Radford & Company is legally bound unto the Board of Supervisors of the
County of Roanoke, Virginia, in accordance with the Erosion and Sediment
Control Agreement dated June 23, 2004, for the construction and maintenance of
certain control measures in accordance with the plans for Mason's Crest
subdivision dated May 28, 2004 and all subsequent revisions thereof as
approved by the County of Roanoke.
2
2. That Radford & Company has failed to substantially complete the erosion and
sediment control facilities and measures as required by the aforesaid Agreement
and that the anticipated cost for completion of said facilities and measures equals
or exceeds the sum of Fifty-two Thousand Dollars ($52,000.00).
3. That authorized representatives of Roanoke County have attempted without
success to obtain a response or agreement from Radford & Company for the
completion of its legal obligations to the County and the public under the
aforesaid Agreement.
4. That the Bonding Committee for Roanoke County has recommended that
Radford & Company be declared in default kinder the terms of its Erosion and
Sediment Control Agreement dated June 23, 2004 and ~~hat Roanoke County
exercise its legal rights and responsibilities to obtain the remaining bonded
indebtedness being held for the County's benefit.
5. That Radford & Company is hereby determined to be in default for its failure to
substantially and adeq~~ateiy complete the req~iirements imposed ~~ipon it by the
aforesaid Erosion and Sediment Control Agreement.
6. That StellarOne Bank, the successor in interest to Salem Bank & Trust, has
issued an Irrevocable Standby Letter of Credit, dated July 6, 2004, Letter of
Credit Number 183, on behalf of Radford & Company for Mason's Crest, Project
Number o4-SB-ooo12, on which the remaining balance is Fifty-one Thousand,
Nine Hundred Eighteen Dollars ($51,918.00).
1. That the officials and staff of Roanoke County are hereby authorized, on behalf
of the Board of Supervisors of Roanoke County, Wirginia, to draw upon the
3
aforesaid Irrevocable Standby Letter of Credit, dated July 6, 2004, Letter of
Credit Number 183, for all funds secured thereby for the County of Roanoke as
"BENEFICIARY" and to take all actions, legal or otherwise, to enforce the legal
rights and responsibilities of the Board of Supervisors in connection with the
development of Mason's Crest Subdivision by Radford & Company.
8. That the County Administrator, the Director of the Department of Community
Development, his staff and agents, and the office of the County Attorney are
hereby authorized to take such action, including the initiation and pursuit of s~~ch
legal proceedings, as may be necessary to fully assert and defend the rights and
obligations of Roanoke County in this regard.
9. This Resolution shall be in full force and effect from the date of its adoption.
4n motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
A COPY TESTE:
Becky R. M ador
Deputy Clerk to the Board
cc: Joe B. ~benshain, Senior Assistant County Attorney
Arnold Covey, Director of Community Development
Philip Thompson, Deputy Director of Planning
Tarek Moneir, Deputy Director of Development Services
Paul M. Mahoney, County Attorney
Rebecca Owens, Director of Finance
4
ATA REGULAR MEETING GF -SHE BGARD GF SUPERVISGRS GF RGANGKE
CQUNTY,VIRGINIA, HELD ATTHE RC~ANGKE CGUNTYADMINISTRA-I-IGN
CENTER GN TUESDAY, APRIL 14, 20D9
RESOLUTION ~4~4~9-3 APPROVING AND ADOPTING THE
RECOMMENDATION of THE RoANOKE COUNTY BONDING
COMMITTEE To DECLARE THE DEVELOPER of MASON'S CREST
SUBDIVISION To BE IN DEFAULT AND To AUTHORIZE OFFICIALS of
RoANOKE COUNTY To EXERCISE ITS RIGHTS UNDER THE
DEVELOPER'S LAND SUBDIVIDER'S AGREEMENT AND THE
ACCOMPANYING IRREVOCABLE LETTER of CREDIT
1NHEREAS, Radford & Company, a Virginia corporation thereafter "Radford"}, as
developers of Mason's Crest Subdivision thereafter "Mason's Crest SID"} in the Cave
Spring Magisterial District of Roanoke County, on or about July 13, 2DD5, entered into a
Land Subdivider's Agreement thereafter "Subdivider's Agreement"} with the County of
Roanoke and provided an Irrevocable Letter of Credit issued by Salem Bank & Trust,
now StellarGne Bank thereafter "StellarGne"}, to insure the construction of certain
physical improvements to the land in connection with the development of Mason's Crest
SID; and
1NHEREAS, Radford has partially complied with its legal responsibilities under
the aforesaid Subdivider's Agreement and Roanoke County officials have authorized a
partial release of their Letter of Credit but a balance of $57,156.00 remains on deposit
with StellarGne to secure the completion of the requirement under this agreement; and
1NHEREAS, the remaining tasks to be performed to comply with Radford's
Subdivider's Agreement include a top coat of aspl~alt to Mason's Crest Trail, a series of
trails as shown on Radford's Master Development Plan for this subdivision and a
circulation plan in accordance with the requirement of the Roanoke County Zoning
ordinance, Section 3D-41-5; and
V1IHEREAS, representatives of the Roanoke County Deparkment of Community
Development have met on several occasions with representatives of Radford to discuss
the status of compliance with the Subdivider's Agreement and finally mailed a letter to
Radford, dated February 17, 2009, requiring a response by March 2, 2009, and
documentation of steps to complete their responsibilities, but no response has been
received from Radford or Stellar4ne as of this date; and
V1IHEREAS, the Bonding Committee for Roanoke County meeting on February
19, 2009, at the Roanoke County Administration Center considered the documentation
as to the status of this subdivision project and the contacts with Radford to secure
compliance and voted to recommend that the developer be declared in default and that
the county take all necessary actions to collect the outstanding bonded proceeds; and
V1IHEREAS, a public hearing was held by the Board of Supervisors on this 14tH
day of April, 2009, to consider the recommendation of the Bonding Committee and to
accept testimony and proposals from Radford and Stellar4ne.
N4W THEREFORE, BE IT RESOLVED by the Board of S~~ipervisors of Roanoke
County, Virginia, as follows:
1. That Radford & Company is legally bound unto the Board of Supervisors of the
County of Roanoke, Virginia, in accordance with the Land Subdivider's
Agreement dated July 13, 2005, for the construction of certain physical
improvements to the land in accordance with the plans for Mason's Crest,
Section 1, subdivision, prepared by Lumsden Associates, PC, dated May 23,
2005, and all subsequent revisions thereof as approved by the County of
Roanoke.
2
2. That Radford & Company has failed to substantially complete the physical
improvements to the land as required by the aforesaid Agreement and that the
anticipated cost for completion of said facilities and measures equals or exceeds
the sum of Fifty-seven Thousand, One Hundred Fifty-six Dollars ($57,156.00).
3. That authorized representatives of Roanoke County have attempted without
success to obtain a response or agreement from Radford & Company for the
completion of its legal obligations to the County and the public under the
aforesaid Agreement.
4. That the Bonding Committee for Roanoke County has recommended that
Radford & Company be declared in default under the terms of its Land
Subdivider's Agreement dated July 13, 2005, and that Roanoke County exercise
its legal rights and responsibilities to obtain the remaining bonded indebtedness
being held for the County's benefit.
5. That Radford & Company is hereby determined and declared to be in default for
its failure to substantially and adequately complete the requirements imposed
upon it by the aforesaid Land Subdivider's Agreement.
6. That Steilar~ne Bank, the successor in interest to Salem Bank & Trust, has
issued an Irrevocable Standby Letter of Credit, dated July 18, 2005, Letter of
Credit Number 246, on behalf of Radford & Company for Mason's Crest, Section
1, on which the remaining balance is Fifty-seven -thousand, one Hundred Fifty-
six Dollars ($57,156.00).
1, That the officials and staff of Roanoke County are hereby authorized, on behalf
of the Board of Supervisors of Roanoke County, Virginia, to draw upon the
3
aforesaid Irrevocable Standby Letter of Credit, dated July 18, 2665, Letter of
Credit Number 246, for all funds secured thereby for the County of Roanoke as
"BENEFICIARY" and to take all actions, legal or otherwise, to enforce the legal
rights and responsibilities of the Board of Supervisors in connection with the
development of Mason's Crest Subdivision by Radford & Company.
8. That the County Administrator, the Director of the Department of Community
Development, his staff and agents, and the ~fifice of the County Attorney are
hereby authorized to take such action, including the initiation and pursuit of such
legal proceedings, as may be necessary to fully assert and defend the rights and
obligations of Roanoke County in this regard.
9. This Resolution shall be in full force and effect from the date of its adoption.
~n motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
A COPY TESTE:
Becky R. M dor
Deputy Clerk to the Board
cc: Joe B. ~benshain, Senior Assistant County Attorney
Arnold Covey, Director of Community Development
Philip Thompson, Deputy Director of Planning
Tarek Moneir, Deputy Director of Development Services
Paul M. Mahoney, County Attorney
Rebecca Owens, Director of Finance
4
ACTIQN NQ. A-041409-4
ITEM ND. E-1
AT A REGULAR MEETING QF THE BQARD OF SUPERVISQRS QF RQANQKE
CQUNTY, VIRGINIA HELD AT THE RQANQKE CQUNTY ADMINISTRATIQN CENTER
MEE'~ING DATE: April 14, 2009
AGENDA I'~EM: Resolution approving and adopting the recommendation of the
Roanoke County Bonding Committee to declarethe developer
of Mason's Crest Subdivision is in default and to authorize
officials of Roanoke County to exercise its rights under the
Developer's Erosion and Sediment Control Agreement; the
Developer's Land Subdivider's Agreement; and, the
accompanying Irrevocable Letters of Credit
SUBMITTED BY:
APPROVED BY:
Tarek Moneir
Deputy Director of Development Services
B. Clayton Goodman, III
County Administrator
C~UNTYADMINISTRAT~R'S COMMENTS:
SUMMARY~F INF~RMATIDN:
In 2004, Radford & Company (Developer), a Virginia Corporation submitted plans to
Roanoke County and was granted approval to develop a large parcel of land located off
Merriman Road, Route 613 south of the Blue Ridge Parkway in the Cave Spring
Magisterial District. An Erosion and Sediment Control Agreement (ESC) dated June 23,
2004 was established for the development to proceed. The Developer posted a Bond in
the amount of $103,836 in the form of an Irrevocable Standby Letter of Credit presented by
Salem Bank & Trust (now StellarOne Bank) for this project.
0n July 13, 2005, the Developer signed a Land Subdivider's Agreement with Roanoke
County and posted a Bond in the amount of $937,475 in the form of a Letter of Credit by
Salem Bank & Trust know StellarQne Bank} in order to comply with Roanoke County's
Qrdinance to subdivide the same land and proceed with the infrastructure development of
Mason's Crest subdivision.
The Developer agreed that measures for the control of siltation, erosion and all
improvements to the land within the said subdivision would be properly and satisfactorily
provided, installed, and completed as agreed upon on the approved plans.
As the improvements were completed, the Developer requested and was granted
reductions to the amount of the bondslsurety leaving a balance of $51,918 for ESC and
$57,15G for the Land Subdivider's Agreements.
Significant improvements have taken place, but the s~~ibdivision remains incomplete. A
punch list of outstanding items to be corrected had been identified and mailed to the
Developer. Additionally, staff has sent several follow up notices to the Developer listing the
remaining incorplete items. To datethere has been no response~from the Developer see
attached copy of a letter with the list of items needing to be addressed},
The Bonding Committee considered the facts presented bythe Community Development
Department staff on the project and determined thatthe Developer is in default. A notice
of public hearing was established and mailed via certified mail to the Developer and
Creditors of today's hearing.
FISCAL IMPACT:
The cost of completing the remaining improvements is anticipated to be covered by the
funds on credit with ~~he bank for~~his project,
ALTERNA'~IVES:
1. The Bonding Committee recommends that the Board of Supervisors:
a. Formally declare thatthe developeris indefault ofthe Erosion and Sediment
Control Agreement and instruct the staffto demand payment of the surety in
order to pay for the incomplete ESC measures; and,
b. Formally declare that the developer is in default of the Land Subdivider's
Agreement and instructthestaffto demand paymentof thesurety in orderto
pay for the remaining needed improvements; and,
c. Authorize the staff to spend these funds for completion of the needed
corrections or improvements of the subdivision.
2. Reject the Bonding Committee Recommendation.
STAFF REC~MMENDATIaN:
Staff recommends that the Board approve alternative 1.
2
VOTE
Supervisor McNamara motion to approve staff recommendation Alternative 1.c
Motion Approved
Yes No Absent
Ms. Moore ~ ^ ^
Mr. Church ~ ^ ^
Mr. Flora ^ ^ ~
Mr. McNamara ~ ^ ^
Mr. Altizer ~ ^ ^
NOTE: Supervisor Altizer moved to adopt resolutions under Alternative 1.a-b. Motion
carried by unanimous roll call with Supervisor Flora absent.
cc: Joe B. ~benshain, Senior Assistant County Attorney
Arnold Covey, Director of Community Development
Pl~ilip Thompson, Deputy Director of Planning
Tarek Moneir, Deputy Director of Development Services
Paul M. Mahoney, County Attorney
Rebecca Owens, Director of Finance
3
ACTT O N N 0. A-041409-5
ITEM N0. F-1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 14, 2009
AGENDA ITEM: Request to Adopt the Roanoke County School Budget for the
fiscal year 2009-2010
SUBMITTED BY: Diane D. Hyatt
Chief Financial Officer
APPROVED BY: B. Clayton Goodman, III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Roanoke County School Board has submitted the attached budget for the 2009-2010
fiscal year. The School Board approved this budget at their meeting on March 26, 2009,
and in accordancewith state law, has now submitted itfor Board of Supervisors approval.
Drew Barrineau (Chairman of the Roanoke County School Board), Dr. Lorraine Lange
(Superintendent of Schools), and Penny Hodge (Assistant Superintendent of Finance) will
attend the Board of Supervisors meeting to present the school budget.
STAFF RECOMMENDATION:
Staff recommends approving and adopting the attached school board budget for the 2009-
2010fiscal year.
VOTE:
Supervisor McNamara motion to approve staff recommendation
Motion Approved
Yes No Absent
Ms. Moore ~ ^ ^
Mr. Church ~ ^ ^
Mr. Flora ^ ^ ~
Mr. McNamara ~ ^ ^
Mr. Altizer ~ ^ ^
cc: Dr. Lorraine Lange, School Superintendent
Penny Hodge, Assistant Superintendent of Finance
Brenda Chastain, Clerk, School Board
Diane Hyatt, Chief Financial Officer
Rebecca Owens, Director, Finance
ATA REGULAR MEETING ~F THE BaARD aF SUPERVISORS GF ROANOKE
COUNTY, VIRGINIA, HELD ATTHE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, APRIL 14, 2009
RES4LU1'14N Q414~9-fi APPROVING THE R~ANOKE REGIONAL
AIRPQRT C~MMISSI~N BUDGET FGR FY Z~~9-Z01 ~ UPON CERTAIN
TERMS AND CONDITIONS
WHEREAS, Section 24.B of the Regional Airport Commission Act and Section
17.~a} of the contract between the City of Roanoke, Roanoke County, and the Roanoke
Regional Airport Commission provide that the Commission shall prepare and submit its
operating budget forthe forthcoming year to the Board of Supervisors of the County and
CityCouncil of the City; and
WHEREAS, by report dated March 18, 2009, a copy of which is on file in the
office of the Clerk of the Board, the Executive Director of the Roanoke Regional Airport
Commission has submitted a request that the County approve the FY 2009-2010
budget of the Roanoke Regional Airport Commission.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia that the FY 2009-2010 budget and proposed capital expenditures for
the Roanoke Regional Airport Commission as set forth in the March 18, 2009 report of
the Commission Executive Director, a copy of which is incorporated by reference
herein, is hereby APPROVED, and the County Administrator and the Clerk are
authorized to execute and attest, respectively, on behalf of the County, any
documentation, in form approved by the County Attorney, necessary to evidence said
approval.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
A COPY TESTE:
Becky R. M dor
Deputy Clerk to the Board
c: Jacqueline Shuck, Executive Director, Roanoke Regional Airport
Diane D. Hyatt, Chief Financial officer
Pa~~l M. Mahoney, County Attorney
Stephanie Moon, Clerk, Roanoke City Council
AT A REGULAR MEETING OF THE BDARD ~F SUPERVISORS ~F RGANOKE
COUNTY, VIRGINIA, HELD AT THE R~ANGKE COUNTY ADMINISTRATION
CENTER, TUESDAY, APRIL 14, 2009
RESOLU'I"ION 441449-1 APPROVING'~HE ROANOKE VALLEY RESOURCE
AUTHORITY BUQGET FOR THE FISCAL YEAR 2009-2414
WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use
Agreement provides that the Authority shall prepare and submit its operating budget for
the forthcoming fiscal yearto the Board of Supervisors of the County, the City Council of
the City of Roanoke, and the Town Council of the Town of Vinton; and
WHEREAS, by report dated March 26, 2009, a copy of which is on file in the
office of the Clerk of the Board, the Chief Executive Officer of the Roanoke Valley
Resource Authority has submitted a request that the County approve the FY 2009-2010
budget of the Roanoke Valley Resource Authority.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia that the FY 2009-2010 budget for the Roanoke Valley Resource
Authority as set forth in the March 26, 2009 report of the Authority Chief Executive
Officer, a copy of which is incorporated by reference herein, is hereby APPROVED, and
the Co~~inty Administrator and the Clerk are authorized to execute and attest,
respectively, on behalf of the County, any documentation, in form approved by the
County Attorney, necessary to evidence said approval.
~n motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
1
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
A COPY TESTE:
Becky R. Me or
Deputy Clerk to the Board
cc: Diane Hyatt, Chief Financial officer
Rebecca Uwens, Director, Finance
Daniel Miles, CEa, RVRA
ACTION N0. A-041409-8
ITEM N0. F-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 14, 2009
AGENDA ITEM: Request to approve the Roanoke Valley Television (RVTV)
Budget for fiscal year 2009-2010
SUBMITTED BY: Elaine A. Bays
Director of Cable Access
APPROVED BY: B. Clayton Goodman, III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County, the City of Roanoke, and the Town of Vinton jointly operate Roanoke
Valley Television (RVTV, Channel 3). The initial equipment and facility for the television
studio were funded through a capital grant from Cox Communications. The station is
located at the Jefferson Center, and currently employs five full time staff members. Our
staff members include Preston Seaman, Lacy Stinnett, Howard Swank&GeorgeWarner.
The staff produces original video productions, monthly television shows, and covers live
government meetings for the local governments and their school systems. Programming is
cablecast on Cox Communications, Channel 3, and Comcast, Channel 3, in the West
County area.
RVTV is governed by the Roanoke Valley Regional Cable Television Committee, which
includes representatives from the City, the County, and the Town. Supervisor. Altizer is
your Board Representative, Dan O'Donnell is the County Representative, and David Jones
is the Member at Large. The operational budget for RVTV is provided by the three
governments, based on the proportion of Cox customers located in each jurisdiction.
Roanoke County's share of the cable budget is 44% which is a 3% decrease (47%) from
the previous year.
Cable television staff is carried on the County's payroll and benefit system.
1
During 2008-2009, Roanoke Valley Television produced a total of 114 Video Productions
for the three localities and their school systems. RVTV produced the following for the
County: (30) Half HourTelevision Shows, (23) OriginalVideo Productions, and RVTV
covered (23) Live Board Meetings. A few examples of RVTV productions include: Green
Ridge Fire, Roanoke County Informational Video, and the Western VA Regional Jail.
(An entire list of productions is included the Budget Packet}. RVTV monthly television
shows include: "Roanoke County Today," which highlights local government issues and
events, and "Accent Excellence,"for the Roanoke County School System. RVTV also
produces two quarterly TV shows, "Roanoke County Business Partners," &
"REConnection."
FISCAL IMPACT:
The total 2009-2010 RVTV budget request is $359,411. The Cable TV Committee voted to
reducethe current2008-2009 Operating Budget ($353,767) by 10%, and usethat reduced
amount ($318,390) as the amount to request from the member localities. The reduction is
being funded from the RVTV Year-End Rollover Account, which represents the unused
funds from the Operating Budget since 1991. The Year End Rollover Account has a
current balance of $157,430. The reduced RVTV budget is $318,390, of which Roanoke
County's share is 44%, or $140,091. This reduced budget is a $26,179 decrease from last
year's budget. ThetotalVirginiaCommunications Sales and Use Tax Revenue paid byCox
Communications to Roanoke County last year was $998,579.
ALTERNATIVES:
Alternative 1: Adopt the FY 2009-2010 RVTV Operating Budget.
Alternative 2: Do not adopt the FY 2009-2010 RVTV Operating Budget.
STAFF RECOMMENDATION:
The Roanoke Valley Regional Cable Television Committee recommends that the Board
adopt Alternative 1, and approve the FY 2009-2010 RVTV Operating Budget.
VOTE:
2
SupervisorAltizer motion to approve staff recommendation
Motion Approved
Yes No Abs
Ms. Moore ~ ^ ^
Mr. Church ~ ^ ^
Mr. Flora ^ ^ ~
Mr. McNamara ~ ^ ^
Mr. Altizer ~ ^ ^
c: Elaine Bays, Director, RVTV
Rebecca Owens, Director, Finance
Stephanie Moon, Clerk, Roanoke City Council
Darleen Bailey, Clerk, Vinton Town Council
3
ACTION N0. A-041409-9
ITEM N0. F-5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 14, 2009
AGENDA ITEM: Request to approve and appropriate funds in the amount of
$24,900 for the June 9, 2009 Primaries
SUBMITTED BY: Judy Stokes
General Registrar
APPROVED BY: B. Clayton "Clay" Goodman, III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The State Board of Elections has issued orders fora Democratic primary on June 9, 2009
forthe offices of Governor, Lieutenant Governor, Attorney Generaland Houseof Delegates
(Districts 11 and 17), and for a Republican primary forthe offices of House of Delegates
(Districts 8,11, and 17) and Board of Supervisors (Windsor Hills District}. The cost of the
primary was not included in the current budget inasmuch as it was not certified by SBE until
March 13, 2009. No reimbursement will be made bythe state.
Elections Officials and Staff $23,000
Required advertising 650
Rent of polling places 300
Postage and printed forms 950
Total $24,900
FISCAL IMPACT:
It is requested that funds be allocated from the Board Contingency.
STAFF RECOMMENDATION:
Staff recommends appropriating funds in the amount of $24,900 from the Board
Contingency for the June 9t" Democrat and Republican Primaries.
VOTE:
Supervisor McNamara motion to approve staff recommendation
Motion Approved
Yes No Abs
Ms. Moore ~ ^ ^
Mr. Church ~ ^ ^
Mr. Flora ^ ^ ~
Mr. McNamara ~ ^ ^
Mr. Altizer ~ ^ ^
Cc: Judy Stokes, General Registrar
Rebecca Owens, Director of Finance
ACTION N0. A-041409-10
ITEM N0. F-6
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 14, 2009
AGENDA ITEM: Request to approve the health insurance plan and rates for the
County and Schools for fiscal year 2009-2010
SUBMITTED BY: Rebecca Owens
Director of Finance
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
BACKGROUND:
The County of Roanoke and Roanoke County Public Schools participate in a joint health
insurance program for eligible employees. The Roanoke Valley Resource Authority
(RVRA), the Western Virginia WaterAuthority (U~JVUUA},and the Western Virginia Regional
Jail Authority (WVRJA} also participate in our plan. This medical plan is self-funded with
reinsurance coverage to protect the financial risk assumed. Under the current contract,
reinsurance is composed of two elements: specific and aggregate stop loss. The specific
stop loss threshold is $200,000. Specific reinsurance protects the plan from any
catastrophic claims paid on a member during the plan year. The aggregate limit of 110%
protects the total financial liability assumed for the plan at 10% above "expected" claims
level. The plan purchases administrative services, access to the network physicians and
facilities, and claims administration from Anthem.
SUMMARY OF INFORMATION:
The medical plan rates will remain unchanged for the upcoming plan year as outlined on
Attachment A. The initial renewal proposed by Anthem requested a slight decrease to the
current rates. However, rates will remain unchanged to enable plan sponsors to increase
their reserve funds and use this money to mitigate future rate increases. Our renewal
compares favorably to national and regional medical plan trends of 8% to 11 %.
Since the plan is self funded, the actual claims paid on the program are used to establish
rates for the County, Schools, RVRA, U~JVWA, and U1IVRJA as well as employee
contributions. During this past year primary cost drivers were identified:
• Overall medical and pharmacy claim payments decreased 4%, but on a cost per
member basis decreased 5.6% from the previous review period.
• During the review period (February 2007 through January 2008), there was one
claimant who exceeded the $200,000 Specific Stop Loss Limit.
• In-Network utilization of the plan continues to be high with over 99% of the
submitted claims being with network providers. The use of Anthem's network
providers protects the memberfrom balance billing and lowers out of pocket costs.
• Outpatient prescription drug claims made up over22% of the total claims expenses
on the program. This is slightly higher than industry average of 18% to 20%. The
number of scripts filled was down 5.8% and the total expense of medications
decreased 3.9%. Generic utilization is 66.6% which is good, and the average
member covered filled 13 prescriptions per year, which is down from the 14 scripts
last year.
On March 17, 2009, Finance, Human Resources, and representatives for the County,
Schools, 1~JVwA, RVRA, and U1IVRJA met to review the renewal and discuss
recommendations for the 2009-2010 plan year. The historical performance of the medical
program was reviewed from a cost standpoint. As discussed, the medical plan's aggregate
increases have been below market average for the period July 1, 2003 through June 30,
2009 (38.8% versus the national average of 66%}. The Insurance Committee has been
successful in maintaining thisfavorable performance during thistimethroughplan design
changes that have addressed the underlying cost drivers of the program.
No major benefit modifications are recommended for the 2009-2010 policy year. Several
legislative initiatives highlighted by Anthem in their renewal will become effective July 1,
2009:
• Inclusion of additional well baby checkup at 30 months of age in accordance with
guidelines set by the American Academy of Pediatrics,
• Prescription drug retail supply limit changing from 31-day to 30-day supply,
• Mandatory generic cost share -changing the member cost share on brand name
drugs to pay the generic (tier 1) copay rather than the present brand (tier 3) copay
amount,
• Colonoscopies to remove polyps will be paid as a preventive measure not as a
medical service.
2
Additional changes to the plan evaluated during this renewal are as follows:
Increase the aggregate stop loss from 110% to 115%. The aggregate limit protects
the total financial liability assumed for the plan above expected claims level. As
noted, the present arrangement is 110% aggregate stop loss. Premiums for this
reinsurance are estimated to be $405,100 for the 2009-2010 year. The probability
of claims exceeding 10% of expected is very small (less than 1%}. Wachovia
Insurance Services advised that a higher limit of 115% aggregate should be
implemented. This would reduce the reinsurance premiums by $216,184 to
$188,917. The increased risk exposure is minimal. This will be implemented for
July 1, 2009.
• A benefit change to include coverage for the surgical treatment for morbid obesity.
Anthem projects the expected cost impact of this addition is $530,000 or an
additional 2.7% increase in claims expense. Upon review of Anthem's medical
assessment of providing coverage for these services as well as the additional cost
involved, this will not be added to the plan for July 1, 2009.
In addition to the plan changes noted, Anthem will provide the County, Schools, WVRJA,
RVRA, and U~JVWA a wellness credit of $50,000 for the 2009-2010 policy year.
FISCAL IMPACT:
None. No changes to the health insurance rates.
STAFF RECOMMENDATION:
Staff recommends approval of the health insurance plan and rates, with Anthem, for fiscal
year 2009-2010.
3
VOTE:
SupervisorAltizer motion to approve staff recommendation
Motion Approved
Yes No Abs
Ms. Moore ~ ^ ^
Mr. Church ~ ^ ^
Mr. Flora ^ ^ ~
Mr. McNamara ~ ^ ^
Mr. Altizer ~ ^ ^
cc: Rebecca Owens, Director of Finance
Diane Hyatt, Chief Financial Officer
Joe Sgroi, Director of Human Resources
4
Roanoke County and Roanoke County School; Attachment A
Health Insurance Renewal Rate
2009-10
PPO Plan Desi n Increase
Monthly County Employee Employee for
Premium Benefit Rate Pas Employee
Current 2008-09
Subscriber Only 464.30 414.96 49.34 10.63%
Subscriber + 1 minor 655.42 427.34 228.08 34.80%
Employee + Spouse 951.80 590.60 361.20 37.95% n/a
Family 1114.48 688.50 425.98 38.22%
Married School & County Couple 1114.48 874.86 239.62 21.50%
Renewal 2009-10 PPO Plan Desian
Subscriber Only 464.30 414.96 49.34 10.63% $ -
Subscriber + 1 minor 655.42 427.34 228.08 34.80% $ -
Employee + Spouse 951.80 590.60 361.20 37.95% $ -
Family 1114.48 688.50 425.98 38.22% $ -
Married School & County Couple 1114.48 874.86 239.62 21.50% $ -
Current Membership
Countv Schools
Subscriber Only 505 1102
Subscriber+ minor 58 110
Employee + Spouse 54 118
Family 208 415
Total Members 825 1745
ACTION N0. A-041409-11
ITEM N0. F-7
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 14, 2009
AGENDA ITEM: Request to approve the dental insurance plan and rates for
County and Schools for fiscal year 2009-2010
SUBMITTED BY: Rebecca Owens
Director of Finance
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The County of Roanoke and Roanoke County Public Schools participate in the joint
purchase of dental coverage for their eligible employees and retirees through the Roanoke
Valley Regional Health Care Consortium.
Delta Dental presented a renewal indicating a 3.8 % increase in premium rates based on
the actual claims experience of Consortium participants. This increase is under the 5
rate cap negotiated in last year's market study.
Since the dental plan is on a calendar year basis, a blended rate is calculated for the
employee rate each year in order to avoid changing the rates in the middle of the year.
Dental rates for employees are brought forward to the Board during the spring, for
approval. Retirees pay a premium that is based on their experience in the dental plan.
The dental rates will need to be increased for 2009-2010 as outlined on AttachmentA and
would be effective July 1, 2009. Employee rates will not change and dental reserves will be
used to cover the increase in premium for 2009-2010.
FISCAL IMPACT:
Funds are available in the dental reserves to coverthe full cost of the increased premium.
STAFF RECOMMENDATION:
Staff recommends approving the dental insurance plan and rates for fiscal year 2009-2010.
VOTE:
Supervisor Church motion to approve staff recommendation
Motion Approved
Yes No Abs
Ms. Moore ~ ^ ^
Mr. Church ~ ^ ^
Mr. Flora ^ ^ ~
Mr. McNamara ~ ^ ^
Mr. Altizer ~ ^ ^
cc: Rebecca Owens, Director of Finance
Diane Hyatt, Chief Financial Officer
Joe Sgroi, Director of Human Resources
2
Roanoke County and Roanoke County Schools
Dental Insurance Renewal Rates
2009-10
Employees:
Current 2008-09
Subscriber Only 25.06 18.18 6.88 27.45% 37.12
Subscriber + 1 40.76 21.58 19.18 47.06% 60.64
Family 70.54 30.20 40.34 57.19% 105.58
Married School & County Couple 70.54 48.34 22.20 31.47% nla
Renewal 2009-10
Dental Plan Increase
Monthly County Employee Employee for Retiree
Premium Benefit Rate Pavs Employee Rate
Dental Plan
Attachment A
Subscriber Only 26.02 19.14 6.88 26.44% $ - 38.54
Subscriber + 1 42.32 23.14 19.18 45.32% $ - 62.94
Family 73.24 32.90 40.34 55.08% $ - 109.60
Married School & County Couple 73.24 51.04 22.20 30.31 % $ - nla
Subscriber Onl
Subscriber + 1
Family
Total Members
Current Membership
County Schools
444 930
173 352
227 508
844 1790
Retiree Membership
County Schools
75 313
38 174
7 12
120 499
ATA REGULAR MEETING QF THE BQARD OF SUPERVISQRS OF RQANQKE
CQUNTY, VIRGINIA, HELD AT THE RQANQKE CQUNTY ADMINISTRATIQN
CENTER QN TUESDAY, APRIL 14, 2009
RESGLUTIGN 041409-12APPR~VINGAND CQNCURRING IN CERTAIN
ITEMS SET FIRTH ON THE BGARD OF SLIPERVISGRS AGENDA FAR
THIS DATE DESIGNA'~ED AS ITEM J-CGNSENT AGENDA
BE IT RESQLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for April 14, 2009
designated as Item J -ConsentAgenda be, and hereby is, approved and concurred in as
to each item separately set forth in said section designated Items 1-l, as follows:
1, Approval of minutes -January 13, 2009; January 21, 2009
2. Resolution of appreciation to Patricia S. Brown, Information Technology
Department, upon her retirement after nineteen years of service
3. Request from the schools to accept and appropriate grant funds in the amount
of $10,503.64 for the Mentor Teacher Program
4. Confirmation of committee appointments to the Roanoke County Community
Leaders Environmental Action Roundtable (RC-CLEAR) for the ICLEI Program
5. Acceptance of Westshire Court into the Virginia Department of Transportation
Secondary System
6. Acceptance and appropriation of a Five Star Restoration Matching Grant from
the NationalAssociation ofCounties, National Fish and Wildlife Foundation, and
the Wildlife HabitatCouncil intheamountof $10,OOOto helpfinancetheTaylor
Tract Park Wetland RestorationlEnhancement Project
1. Resolution authorizing recordation of a deed restriction designating certain
reserve areas for purposes of preservation and use as open-space land for
stormwater detention, flood drainage and conservation reserve on property
owned by the Board of Supervisors at the Roanoke County Fleet Services
Building, Hollins Magisterial District
8. Confirmation of Committee Appointments
That the Clerk to the Board is hereby authorized and directed where required bylaw
to set forth upon any of said items the separate vote tabulation for any such item pursuant
to this resolution.
Gn motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS; None
ABSENT; Supervisor Flora
A COPY TESTE:
Becky R. Mea or
Deputy Clerk to the Board
cc: Dr. Lorraine Lange, School Superintendent
Brenda Chastain, Clerk, School Board
Rebecca Gwens, Director, Finance
Arnold Covey, Director of Community Development
Lon Vllilliams, Landscape ArchitectlPark Planner
Pete Haislip, Director of Parks, Recreation and Tourism
Joe B. Gbenshain, Senior Assistant County Attorney
Anne Marie Green, Director of General Services
Steven C. McGraw, Clerk of Circuit Court
2
ATAREGULAR MEETING CFTHE BGARD ~F SUPERVISGRS GF RGANGKE
CGUNTY, VIRGINIA, HELD AT THE RGANGKE CGUNTY ADMINISTRATIGN
CENTER GN TUESDAY, APRIL 14, 20D9
RESGLI~TIGN 041409-1 ~.a EXPRESSING THE APPRECIATIGN GF THE
BGARD GF SI~PERVISGRS GF RGANGKE CGI~NTY TG PATRICIA S.
BRGVUN, INFGRMATIGN TECHNGLGGY DEPARTMENT, UPGN HER
RETIREMENT AFTER NINETEEN YEARS GF SERVICE
WHEREAS, Patricia S. Brown was employed by Roanoke County on July 24,1989;
and
WHEREAS, Ms. Brown retired on April 1, 2DD9, as a Programmer in the Information
Technology Department after nineteen years and eight months of service to Roanoke
County; and
WHEREAS, Ms. Brown provided crucial assistance for programming tasks of
maintenance projects and for major projects such as Y2K and the HP Migration, and her
in-depth knowledge of CGBGL programming methods and research for programming
business logic have been invaluable assets to the department; and
WHEREAS, Ms. Brown played an active role on several Information Technology
development teams including theApplication Servicesteam, participating in technical and
task reviews while providing a welcomed sense of humor and positive attitude; and
WHEREAS, Ms. Brawn, through I~er err~playment with Raanake Caunty, has been
instrumental in improving the quality of life and providing services to the citizens of
Raanake Caunty.
NSW, THEREFORE, BE IT RESOLVED thatthe Board of Supervisors of Raanake
Caunty expresses its deepest appreciation and the apprecia~tian of the citizens of Raanake
Caunty to PATRICIA S. BRGVUN far mare than nineteen years of capable, loyal, and
dedicated service to Raanake Caunty; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
~n motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
A COPY TESTE:
Becky R. M or 1
Deputy Clerk to the Board
2
ACTION N0. A-041409-12.b
ITEM N0. J-3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
APPROVED BY:
April 14, 2009
Request from the schools to accept and appropriate grant
funds in the amount of $10,503.64 for the Mentor Teacher
Program
B. Clayton Goodman, III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Roanoke County Schools requests that the Board accept and appropriate the following:
The Division of Teacher Education and Licensure, Virginia Department of Education, has
officially forwarded a requestfor MentorTeacher Program allocations to Roanoke County
Public Schools. These funds are used to support an induction program for new teachers to
Roanoke County Public Schools.
The allocation is in the amount of $10,503.64
FISCAL IMPACT:
The grant requires a 50 percent match. A 50 percent local match in the total amount of
$5,251.82 from accounts 732020-1121 of $2,625.91, and 732030-1121 of $2,625.91.
The personnel budget will be increased by $10,503.64.
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends that the Board accept and appropriate grant funds in the amount of
$10,503.64 for the Mentor Teacher Program.
VOTE:
Supervisor McNamara motion to approve staff recommendation
Motion Approved
Yes No Absent
Ms. Moore ~ ^ ^
Mr. Church ~ ^ ^
Mr. Flora ^ ^ ~
Mr. McNamara ~ ^ ^
Mr. Altizer ~ ^ ^
cc: Dr. Lorraine Lange, School Superintendent
Brenda Chastain, Clerk, School Board
Rebecca Owens, Director, Finance
ACTION N0. A-041409-12.c
ITEM N0. F-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 13, 2009
AGENDA ITEM: Confirmation of committee appointments to the Roanoke
County Community Leaders EnvironmentalAction Roundtable
(RC-CLEAR} for the ICLEI Program
SUBMITTED BY: Brenda J. Holton
Deputy Clerk to the Board
APPROVED BY: B. Clayton Goodman, III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Roanoke County Community Leaders Environmental Action Roundtable (RC-
CLEAR) (appointed by district)
Each supervisor was asked to appoint two citizens who live, work or do business in the
County to serve on this committee. The term for each of these appointments is three years
and the initial terms will be staggered and expiration dates determined after all of the
appointments have been made and confirmed.
Supervisor Flora requested that ReneeGodard and Bryan Pittenger be appointed to serve
on this committee representing the Hollins Magisterial District. It was the consensus of the
Board to place confirmation of these appointments on the consent agenda.
VOTE:
Supervisor McNamara motion to approve staff recommendation
Motion Approved
Yes No Absent
Ms. Moore ~ ^ ^
Mr. Church ~ ^ ^
Mr. Flora ^ ^ ~
Mr. McNamara ~ ^ ^
Mr. Altizer ~ ^ ^
cc: RC-CLEAR
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA, HELD AT THE ROANOKE COLINTY ADMINISTRATION CENTER ON
1~LIESDAY, APRIL 14, 2009
RESOLUTION 041409-12.d REQUESTING ACCEPTANCE OF WESTSHIRE
CURT INTG THE VIRGINIA DEPARTMENT OF TRANSPGRTATIDN
SECONDARY SYSTEM
WHEREAS, the streets described on the attached Addition Form AIVI-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 representativefortheVirginia DepartmentofTransportationhas 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: Supervisor McNamara
Seconded by: None Required
Yeas: Supervisors Moore, Church, McNamara, Altizer
Nays: None
Absent: Supervisor Flora
A Copy Teste:
-~L.~G
Becky R. ador
Deputy Clerk to the Board
cc: Arnold Covey, Director of Community Development
Virginia Department of Transportation
hereby certify that the foregoing is a true and correct copy of Resolution 041409-12.d adopted by
the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, April 14,
2009, with Supervisor Flora absent.
Becky R. Meador
Deputy Clerk to the Board
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DESCRIPTION LENGTH RGW VIIIDTH SERVICES
Miles Feet Feet Houses
Westshire Court; From Monet Drive route
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ROANOKE COUNTY ACCEPTANCE OF 1NESTSHIRE COURT INTO THE
DEPARTMENT OF VIRGINIA DEPARTMENT OF TRANSPORTATION
COMMUNITY DEVLOPMENT SECONDARY SYSTEM
ACTION N0. A-041409-12.e
ITEM N0. J-6
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
April 14, 2009
Acceptance and appropriation of a Five Star Restoration
Matching Grant from the National Association of Counties,
National Fish and Wildlife Foundation, and theWildlife Habitat
Council in the amount of $10,000 to help finance the Taylor
Tract Park Wetland RestorationlEnhancement Project
Lon Williams, Landscape ArchitectlPark Planner
Pete Haislip, Director of Parks, Recreation and Tourism
B. Clayton Goodman, III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The National Association of Counties, National Fish and Wildlife Foundation, and the
Wildlife Habitat Council, in cooperation with the U.S. Environmental Protection Agency
(EPA), administer the Five Star Restoration Matching Grant Program that seeks to develop
community capacity to sustain local natural resources for future generations by providing
modest financial assistance to diverse partnerships for wetland, riparian and coastal habitat
restoration. A Five Star Restoration Matching Grant in the amount of $10,000 was
awarded to the Department of Parks, Recreation and Tourism to assist the Department in a
wetland restorationlenhancement program in conjunction with the Taylor Tract Park and
Trail System project, which has secured additional funding assistance through the
Department of Conservation and Recreation's Land and Water Conservation Fund
program.
The TaylorTract Park Wetland Restoration/Enhancement Projectwill seekto create new
wetland areas, and restore and enhance existing wetland areas at the Taylor Tract that
have been disturbed duringthe previous land use onthis parceltoa moreenvironmentally
sustainable condition. The project will be located on the approximately 16-acre site
available to the Department for recreational development at the Taylor Tract, which
includes approximately six acres of land that have been delineated as jurisdictional shrub-
scrubwetlands that fall under the regulation of the U.S. Army Corps of Engineers and the
Virginia Department of Environmental Quality. Consistent with partnership guidelines
established bythe Five Star Restoration Matching Grant Program, ourproject issupported
by a partnership that includes the Roanoke County Department of Parks, Recreation and
Tourism, Friends of the Roanoke County Public Library, Roanoke County Public Schools,
Penn Forest Elementary School, and theVirginia Departmentof Environmental Quality. An
environmental engineering consulting firm will alsoserve as a partnerin ourproject, as this
firm will be contracted to assist in the preparation of a wetland restoration and
enhancement plan.
As the Five Star Restoration Matching Grant Program is administered as a reimbursement
program, Roanoke County should be capable of financing the project while requesting
periodic reimbursements. The program requires a 50% (minimum) matching share from
the project sponsor. In this case, the Roanoke County match would be a minimum of
$10, 000.
FISCAL IMPACT:
Matching grant funds in the amount of $10,000 will be appropriated for the project. Funding
in the amount of $5,000 is available for the procurement of environmental engineering
services in the preparation of a wetland restoration and enhancement plan through the
Department's Capital Maintenance Program (CMP). It is anticipated that a portion of the
work will be accomplished through the use of the Department's project work crew. This in-
kind work is estimated to be worth approximately $9,500 and will be used along with the
$5,000 in CMP funds to meet or exceed the required grant funding match.
ALTERNATIVES:
Alternative #1: Accept and appropriate the Five Star Restoration Matching Grantfunds in
the amount of $10,000 to the Roanoke County Department of Parks,
Recreation and Tourism.
Alternative #2: Decline the Five Star Restoration Matching Grant funds in the amount of
$10,000.
STAFF RECOMMENDATION:
Staff recommends approval of Alternative #1.
2
VOTE:
Supervisor McNamara motion to approve staff recommendation
Motion Approved
Yes No Absent
Ms. Moore ~ ^ ^
Mr. Church ~ ^ ^
Mr. Flora ^ ^ ~
Mr. McNamara ~ ^ ^
Mr. Altizer ~ ^ ^
cc: Lon Williams, Landscape ArchitectlPark Planner
Pete Haislip, Director of Parks, Recreation and Tourism
Rebecca Owens, Director of Finance
3
ATA REGULAR NIEETING GF THE BOARD OF SUPERVISGRS aF R4ANGKE
COUNTY, VIRGINIA, HELD AT THE RDANOKE CDUNTYADMINISTRATIDN
CENTER, TUESDAY, APRIL 14, 2009
RESGLUTIDN a414a9-12.f AUTHORIZING RECORDA'r14N QF A DEED
RESTRICTION DESIGNATING CERTAIN RESERVE AREAS F4R
PURPOSES 4F PRESERVATIQNAND USEAS~PEN-SPACE LAND F4R
STGRMINATERDE'rENTION, FL4GDDRAINAGEANDCQNSERVATI4N
RESERVE ON PROPERTY 41NNED BY THE BARD QF SUPERVISORS
AT THE R4ANQKE COUNTY FLEET SERVICES BUILDING, H4LLINS
MAGISTERIAL DISTRICT
WHEREAS, Roanoke County is in the process of constructing a Fleet Services
Building located on Hollins Road; and
WHEREAS, the County of Roanoke desires to permanently designate and restrict
the use of portions of its property, identified as Tax Map # 39.05-02-04, as necessary for
the completion of the County's Fleet Services Centeras shown on the plats entitled "PLAT
SHOWING RESERVE AREAS AND WA"fERLINE EASEMENT FOR TRACT 1 (9.179 AC.)
(PLAT INSTRUMENT #200802243) PROPERTY OF BOARD OF SUPERVISORS ,
R~ANt~KE COUNTY, VIRGINIA, SITUATED ALONG H4LLINS ROAD, H~LLINS
MAGISTERIAL DISTRICT, RGANGKE, VIRGINIA", prepared by Lumsden Associates,
P.C., dated April 18, 2008; and
WHEREAS, the proposed designation of certain reserve areas for purposes of
stormwaterdetention, access and maintenance, flood drainage and conservationwill serve
the interests of the public and is necessary for the public health, safety, and welfare of the
citizens of Roanoke County.
THEREFGRE, BE IT RESGLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That pursuant to the provisions of Section 10.1-1701 of the Code of Virginia,
1
the County of Roanoke, as a public body defined in Section 10.1-1 l49 of said Code, may
acquire and designate property to be retained for use as open-space and for the
preservation of such real estate. A reading of this resolution was held on April 14, 29U9.
2. That pursuant to the provisions of Section 16.91 of the Roanoke County
Charter, the interest in real estate to be restricted and preserved for public uses shall be
permanently reserved and dedicated in connection with the construction of Roanoke
County's Fleet Services Building.
3. That the recordation of a permanent deed restriction for purposes of
designating and setting apart a stormwateraccess and maintenance reserve area, aflood
drainage reserve area and conservation reserve areas, # 1 and # 2, as the reserve areas
designated on the above-mentioned map, on~~he County's property~Tax Map No. 39.05-2-
4) adjacent to the Fleet Services Building, is hereby authorized and approved.
4. That the Chairman of the Board of Supervisors 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.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT; Supervisor Flora
2
A CGPY TESTE:
Becky R. Me dor
Deputy Clerk to the Board
cc: Joe B. Gbenshain, Senior Assistant County Attorney
Anne Marie Green, Director of General Services
Steven C. McGraw, Clerk of Circuit Court
Arnold Covey, Director of Community Development
3
THIS DEED RESTRIGTIDN made this day of April 2009, by the BOARD OF
SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, Grantor;
WITNESSETH:
WHEREAS, the County of Roanoke, Virginia, is the owner of that certain parcel of
real estate comprising 9.179 acres, located adjoining Hollins Road, Route b01, in the
Hollins Magisterial District of Roanoke County, and further designated as Tax Map # 39.05-
02-04.00, upon which the said County intends to construct a new Fleet Service Center; and,
WHEREAS, Section 10.1-1701, Code of Virginia, 1950, as amended, specifically
authorizes a county, as a "public body" defined in Section 10.1-1700 of said Code, to acquire
and designate property to be retained and used for the preservation and use as open-space
land in conformitywith the county's Comprehensive Plan; and
WHEREAS, the County of Roanoke intends to protect and preserve, in perpetuity,
certain portions of said real estate parcel designated as "Stormwater Access and
Maintenance Reserve Area", "Flood Drainage Reserve Area", "Conservation Reserve Area
#1" and "Conservation Reserve Area #2", respectively, all as more specifically designated
on plats of survey designated as "PLAT SHOWING RESERVE AREAS AND WATERLINE
EASEMENT FOR TRACT 1 X9.179 AC.~ PLAT INSTUMENT #200802243 PROPERTY GF
BOARD OF SUPERVISORS, ROANOKE COUNTY, VIRGINIA, SITUATED ALONG HOLLINS
ROAD, HC~LLINS MAGISTERIAL DISTRICT, ROANOKE, VIRGINIA", prepared by Lumsden
Associates, P.C., dated 04/18/08; and,
WHEREAS, the County of Roanoke, as Grantor, intends to accomplish the protection
and preservation of these designated areas for their expressed purposes which are in
furtherance of the goal of the Commonwealth of Virginia to enhance the quality of our
state's waters through appropriate stormwater and flood control measures and to provide
for open-space land on a portion of this parcel by restricting the use of these areas as
hereinafter set forth; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, desires to create a
public record of the intended formal designation of these enumerated areas by placing a
deed restriction and attached plat of survey of this real estate in the official land records
maintained bythe Clerk ofthe CircuitCourtof Roanoke County, Virginia.
NOW, THEREFORE, in recognition of the foregoing expressed purposes and in
consideration of the public benefit to the citizens of the County of Roanoke, Virginia, which
shall result from this public deed restriction, the Grantor does hereby grant and dedicate
portions of the real estate parcel described below which are designated as "Stormwater
Access and Maintenance Reserve Area", "Flood Drainage Reserve Area" and "Conservation
Reserve Area #1",and "Conservation Reserve Area #2" respectively, all as more specifically
delineated on a plats of survey designated as "PLAT SHOWING RESERVE AREAS AND
WATERLINE EASEMENT FOR TRACT 1 X9.179 AC.} PLAT INSTUMENT #200802243}
PROPERTY OF BOARD OF SUPERVISORS, ROANOKE COUNTY, VIRGINIA, SITUATED ALONG
HOLLINS ROAD, HOLLINS MAGISTERIAL DISTRICT, ROANOKE, VIRGINIA", prepared by
Lumsden Associates P.C., dated 04/18/08, which surveys are attached hereto as Exhibits A
and B, and incorporated herein;
Said parcel of real estate, herein referred to as the "Property", is described as
follows:
All that certain tract or parcel of land designated as "New Tract 1" containing
9.179 acres, as shown on that plat dated February 13, 2008, prepared by
Lumsden Associates P,C., entitled "Plat Showing Combination of A 5.157 Ac.
Tract Instrument # 200715113} And An 4.022 Ac Tract Instrument # 2007
15114} Property of Board of Supervisors Roanoke County, Virginia Creating
Hereon New Tract 1 X9.179 Ac.} Situated Along Hollins Road Hollins
Magisterial District Roanoke, Virginia" recorded in the aforesaid Clerk's
Office as Instrument Number 200802243, pages 1 and 2, and to which
reference is hereby made for a more particular description of said property.
The Grantor retains the right to construct such structures and grading as shall be
necessary to create the designated Stormwater access and maintenance area, to perform
normal maintenance and repairs to maintain the said designated areas for their intended
uses but otherwise the designated "Conservation Reserve Area #1" and "Conservation
Reserve Area #2" shall remain in their natural state.
The designations and restrictions contained in this deed restriction shall be binding
upon the Grantor and its successor in interest and any subsequent purchaser or grantee of
this Property and shall continue as a servitude running with the Property, The Grantor
shall include such designations and restrictions in any subsequent deed or conveyance of
its ownership of all or any part of said Property.
The Board of Supervisors of Raanoke County reserves the right to amend the
designations and restrictions set forth in this deed restriction when such actions shall
further the objectives herein set forth. Such amendment shall be adopted after opportunity
for public comment by formal action of the Board of Supervisors consistent with
procedures then in place for vacation or substitution of easements or similar actions
involving public property.
Although it is the Grantors intention that this deed restriction will benefit the public
as described above, nothing contained herein shall be construed to convey to the public, or
any member thereof, a right of access to or use of the Property without the express written
consent of the County of Roanoke. The Grantor retains the exclusive right to such access
and use, subject to the terms hereof.
WITNESS THE FDLLDwING SIGNATURE AND SEAL:
BOARD OF SUPERVISORS CIF
RDANQKE COUNTY, VIRGINIA
BY;
Mike W. Altizer, Chairman
Clerk
Approved as to form:
County Attorney
COMM~NWALTH OF VIRGINIA
COUNTY ~F RDANOKE, to-wit:
The foregoing Deed Restriction was acknowledged before me this day of
2~~9, by Mike W. Altizer, Chairman, an behalf of the Board of Supervisors of the
County of Roanoke, Virginia.
My Commission expires;
Notary Public NRN
r
J
ACTION N0. A-041409-12.c~
ITEM N0. J-8
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: April 14, 2009
AGENDA ITEM: Confirmation of Committee Appointments
SUBMITTED BY: Becky R. Meador
Deputy Clerk to the Board
APPROVED BY: B. Clayton Goodman, III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Library Board (appointed by district)
Herman Lowe, Catawba Magisterial District, resigned effective January 5, 2009. His four-
yearterm will expire on December 31, 2011.
Supervisor Church appointed Dianna Beamer to replace Mr. Lowe for the remainder of his
term and requested that confirmation be placed on the Consent Agenda.
VOTE:
Supervisor McNamara motion to approve staff recommendation
Motion Approved
Yes No Absent
Ms. Moore ~ ^ ^
Mr. Church ~ ^ ^
Mr. Flora ^ ^ ~
Mr. McNamara ~ ^ ^
Mr. Altizer ~ ^ ^
cc: Library Board
ATAREGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINIS"fRA"PION
CENTER ON TUESDAY, APRIL 14, 2009
RESOLU'~IDN 44149-13 CER'~IFYING THE CLfJSED MEETING INAS
HELD IN CONFORMITYWITH 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 2.2-3112 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted inconformity 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 lawfullyexempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies, and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
A COPY TESTE:
Becky R. Me dor
Deputy Clerk to the Board