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HomeMy WebLinkAbout5/12/2009 - Adopted Board RecordsAT A REGLILAR MEETING CF THE BGARD GF SUPERVISGRS GF RGANCKE CGI.INTY, VIRGINIA, HELD AT THE RGANCKE COUNTY ADMINIS'rRA'rIGN CENTER GN TUESDAY, MAY ~ 2, 2009 RESOLUI'IGN Q512Qg-1 GF SUPPORT FL1R THE NATIUNAL GUARD AND RESERVE AND CGUNTY EMPLGYEES WHQ SERVE THEIR CGUNTRY WHEREAS, since X903, the National Guard and Reserve have been integral parts of our nation's militaryforce; and WHEREAS, approximately 46°/0 of our country's total available military manpower is comprised of Ready Reserve components; and WHEREAS, the patriotic men and women serving in the National Guard and Reserve voluntarily train countless ho~irs to maintain their mission of readiness; and WHEREAS, the National Guard and Reserve aid people of all nations in times of need and oppression; and WHEREAS, the members of the Guard and Reserve deserve the continual support and respect of all American citizens and employers; and WHEREAS, all citizens should acknowledge inappropriate manner the sacrifices made and services bestowed by the members of the National Guard and Reserve. NGW, THEREFGRE BE IT RESGLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby confirm its support for the National Guard and Reserve and of County employees who serve their country in this vital role of preserving our nation's security. FUR"rHER, the Board of Supervisors declares its support of all of America's service members and their families in times of war, crisis or peace. 0n motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Al~rizer NAYS: None ABSENT: Supervisor Flora A COPY TESTE: Becky R. Me or Deputy Clerk to the Board ACTIGN NG. A-051209-2 ITEM NG. F-1 AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF RGANGKE CGUNTY, VIRGINIA HELD AT 'fHE RGANGKE CGUNTY ADMINISTRATIGN CENTER MEETING DATE: May 12, 2009 AGENDA ITEM: Request to amend reduce}the appropriation of funds in the 2008-2009 fiscal year in the amount of $4,000,000 resulting from decreased revenues SUBMITTED BY: Brent Robertson Director, Management and Budget APPRGVED BY: B. Clayton Goodman, III County Administrator CGUNTY ADMINISTRATGR'S CGMMENTS: SUMMARY GF INFGRMATIGN: At a work session on December 15, 2008 staff updated the Board of Supervisors on current year ~FY08-09}revenue estimates, which indicated that projected revenues would fall short of the current revenue budget by $2,918,959. Cori February 10, 2009 a public I~earir~g was held and the Board of Supervisors amended the FYOS-09 budget by reducing revenue and expenditure appropriations by $2,918,959. Subsequent to this action, economic indicators and revenue collections continued to decline and indicated the need forf~~irtherevaluation ofrevenue projectionsforthe current year. Gn March 10, 2009 staff updated the Board of Supervisors on revised revenue estimates, wf"iich indicated an additional shortfall of $4,000,000 in various revenue categories. These proposed revisions are as follows: Real Estate tax $( 280,000) Personal Property tax (3,300,000) Sales Tax ( 175,000) Hotel/Motel tax ( 125,000) Meals tax ( 100,000) Permits, Fees, and Licenses ( 120,000) Fines and Forfeitures 100.000 Total Revenue Adjustment $(4,000,000) In order to reflect these revised estimates, staff is proposing to again amend FY2008-09 revenue and expenditure appropriations. Based on staff's briefing of the board at the March 10, 2009 work session, expenditure appropriations will be reduced as follows: Contributions-carry forward balance School operating transfer Vinton gain-sharing Court Services Unit-detention costs Health insurance savings current year} Drainage program-capital Glenvartibrary-account balance Illegal dump fund-balance NPDES capital Health Insurance reserves Total Expenditure Adjustment FISCAL IMPACT: $( 140,000) (1,000,000) ( 75,000) ( 200,000) ( 500,000) ( 200,000) ( 450,000) ( 50,000) ( 200,000) (1,185,000) $(4,000,000) General Government revenues will be reduced by $4,000,000 and General Government expenditures will be reduced by the same amount. STAFF REC~MMENDA'fI~N: Staff recommends amending FY2008-09 appropriations by reducing both General Government revenues and expenditures by $4,000,000. 2 VOTE: Supervisor Altizer motion to approve staff recomrnendation. Motion Approved Yes No Absent Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Flora ^ ^ ~ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ c: Rebecca Owens, Director of Finance Brent Robertson, Director of Management and Budget ACTIGN Nn. A-451249-3 I'f E M N U F-2 AT A REGULAR MEETING GF THE BGARD GF SUPERVISnRS GF R~ANGKE CGUNTY,VIRGINIAHELDATTHE RnANGKECnUNTYADMINISTRATIGNCENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: May 12, 2449 Approval of an agreement regarding certain vacations, dedications and work related to the development of a shopping center in the Clearbrook Area of Roanoke County, Virginia Paul M. Mahoney County Attorney CGUNTYADMINISTRATOR'SCOMMENTS: SUMMARYGF INFGRMATIGN: This agreement is between Roanoke County, James L. Walker of Roanoke, LLC, and Wa1-Mart Real Estate Business Trust. It identifies the various actions to be taken by each of the parties for the vacation, abandonment, dedication and conveyance of portions of Stable Road, Clearbrook Village Lane and other real estate in order to implement the provisions of the Board of Supervisors' Grdinance No. 142446-1, a 2441 Performance Agreement between the Board and James L. Walker, LLC, and to construct intersection improvements at Buck Mountain Road, Stable Road and U.S. Route 224 Franklin Road}. BACKGRGUND: 'f he County entered into a Performance Agreement dated December 5, 2441 with Walker for the economic development of certain property located on U.S. Route 224 ~Frar~klin Road} in the Clearbrook area of Roanoke County, Virginia. Paragraph 6 of the Performance Agreement provides that the owner of the Walker Property will dedicate a 144-foot-wide right-of-way to the County for the construction of a public highway connecting a redesigned intersection of Buck Mountain Road ASR 6l9}and Stable Road ASR l66} at Franklin Road ~U.S. Highway 224}, The parties agreed that the location of the right-of-way would be determined at a later date by the owner of the Walker Property, the County and the Virginia Department of Transportation. In 200 the County placed the Buck Mountain Road intersection improvements on its 6- Year Secondary Road Plan. VDT held a citizen's informational meeting in March 2445 to consider various options for improvements to the intersection of Buck Mountain Road, Stable Road and U.S. Route 224. ~n October 24, 2006, the County adopted ordinance No. X02406-7 upon the application of Holrob Investments LLC, with respect to approximately forty-one ~4~ } acres of land located in the 5200 block of Franklin Road, between Stable Road and Clearbrook Lane, and to the east of the Walker Property. The ordinance rezoned a small portion of the property and granted Holrob a Special Use Permit to operate a retail sales establishment with a gross floor area greater than 50,040 square feet on the property, subject to certain conditions. Condition 9 of the SUP provides, in part, that the Franklin RoadlStable Road intersection and the alignment of Stable Road shall be redesigned to safely separate neighborhood and commercial traffic. This Agreement provides for the construction of a new alignment for Clearbrook Village Lane and Stable Road, and its acceptance into the Commonwealth's Secondary Road System. It provides for temporary construction and slope easements for this new Stable Road construction. Wal-Mart will pay for the relocation of Walker's test track; it sequences the filing of subdivision plats} and dedications of new roads to the County, vacations or abandonments of rights-of-way, and exchange conveyances between Walker, Waf-Mart and the County. `rhe County agrees to adopt resolutions requesting the Commonwealth Transportatio~~ Board to accept the new portions of Stable Road and Clearbrook Village Lane into the Secondary Highway System, and to adopt a resolution vacating portions of Stable Road, Clearbrook Lane and Clearbrook Village Lane. The County would also convey to Wal-Mart a small parcel of land approximately x,913 square feet}, which the County acquired by donation in 2042. This Agreement would implement the provisions of the Performance Agreement and ordinance No. ~ 02406-1. It would provide a framework for the various actions to vacate, abandon, ded'+cate and convey property by each of the parties to implement same, and it would provide for the timely construction of this project, intersection improvements and a new Stable Road. STAFF REC~MMENDATI~N: It is recommended that the Board favorably consider the approval of the attached Agreement in substantially this form and content, and to authorize the County Administrator, or any Assistant County Administrator, to execute it on behalf of the County. If approved by the Board, future Board actions will be necessary to accomplish its purposes. 2 voTE: Supervisor Moore motion to approve staff recommendation. Motion Approved Yes No Absent Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Flora ^ ^ ~ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ C Paul Mahoney, County Attorney Arnold Covey, Director, Community Development Philip Thompson, Deputy Director, Planning Tarek Moneir, Deputy Director, Development Services 3 ATA REGULAR MEETING GFTHE BGARD GF SUPERVISGRS GF RGANGKE CGUNTY, VIRGINIA, HELD AT THE RGANGKE CGLINTYADMINIS-rRATIGN CENTER GN TUESDAY, MAY 12, 2009 GRDINANCE ~512~9.4 APPROVING 'SHE RESIDENTIAL LEASE GFTHE LGG CABIN LYING GENERALLY IN THE SGUTHEAST CGRNERGFTHE RGANGKE CGUNTY CENTER FGR RESEARCH AND TECHNGLGGY PRGPERTY TAX MAP NG. 54.00-1-2~ IN THE CATAWBA MAGISTERIAL DISTRICT GWNED BY THE BGARD GF SUPERVISGRS GF RGANGKE CGLINTY WHEREAS, the Board of Supervisors of Roanoke County is the owner of a tract of land containing 457.66 acres, being located in the Catawba Magisterial District and designated on the Roanoke County Land Records as Tax Map No.54,66-1-2, which is being developed for economic development purposes as the Roanoke County Center for Research and Technology; and WHEREAS, by ordinance 631698-7, the Board of Supervisors authorized the continued rental of the three residences on the property until such time as construction would begin and require termination; and WHEREAS, it would serve the public interest for the County to have the log cabin occupied and maintained until such time as all or portions thereof may be needed for economic development purposes; and WHEREAS, on December 2, 1997, the Board authorized the creation of a self balancing account entitled Glenn Mary Capital Account for acceptance of rent payments and expenditure of the funds on maintenance of the property; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of triis ordinance was held an April 28, 2009; and the second reading will be held on May ~2, 2009. THEREFGRE, BE IT GRDAI~IED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator or his designee is hereby authorized to execute a lease agreement with Linda Diane Hill for the log cabin residence having the address of 4858 Glenvar Heights Boulevard, from June 2, 2008 to June 1, 2010, thereafter continuing on a month to month basis, for a monthly rental of $150.00 to be paid into the Glenn Mary Capital Account. 2. That the County Administrator or his designee is authorized to execute said lease agreement on behalf of the Board of Supervisors of the County o~f Roanoke and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. Gn motion of S~.~pervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Altizer NAYS: None ABSENT: Supervisor Flora A COPY TESTE: ,~ Becky R. Mea r Deputy Clerk t the Board c: Anne Marie Green, Director, General Services Paul M. Mahoney, County Attorney Doug Chittum, Director, Economic Development 2 AT A REGULAR MEETING OF THE BQARD OF SUPERVISORS OF RDANaKE CaUNTY, VIRGINIA, HELD AT THE RaAN~KE CaUNTYADMINISTRATIaN CENTER ON TUESDAY, MAY 12, 2009 RESGLUTIGN ~5~Z~9-5 APPRGVING AND CGNCLIRRING IN CERTAIN ITEMS SETFGR'~H GN'~HE BGARD GFSUPERVISGRSAGENDAFGR 'PHIS DATE DESIGNATED AS ITEMJ -CGNSENTAGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: "~hatthe certain section of the agenda of the Board of Supervisors for May 12, 2409 designated as Item J -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Item 1, as follows: 1. Confirmation of committee appointments to the League of alder Americans Advisory Council and Roanoke Valley Greenway Commission committees 'that the Clerk to the Board is hereby authorized and directed where required by law to setforth upon any of said items the separate vote tabi~~lation for any such item pursuant to this resolution. 0n 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: Bec y R. Mead Deputy Clerk to he Board ACTIGN NG. A-05209-5.a I"fEM NG. J-~ AT A REGULAR MEE1"iNG GF THE BGARD 4F SUPERVISGRS GF RGANGKE CGUNTY, VIRGINIA HELD AT 'fHE RGANGKE CGUNTY ADMINISTRAI"IGN CENTER MEETING DA'~E; AGENDA ITEM; SUBMITTED BY: APPROVED BY: May ~2, 2009 Confirmation of committee appointments to the League of Glder Americans Advisory Council; Roanoke Valley Greenway Commission; Court Community Corrections Program Regional Community Criminal Justice Board; Parks, Recreation and Tourism Advisory Board; and Roanoke Valley Convention & Visitors Bureau Board of Directors Becky R. Meador Deputy Clerk to the Board B. Clayton Goodman, III County Administrator CGUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: ~. Court Community Corrections Program Regional Community Criminal Justice Board The two-year term of Sheriff Gerald Holt will expire on June 30, 2009. It was the consensus of the Board to re-appoint Sheriff Holt and place confirmation of his appointment on the consent agenda. 2. League of Older Americans Advisory Council The one-year term of Beverly Eyerly expired on March 3~ , 2009. Ms. Eyerly was contacted and indicated her willingness to serve an additional term. It was the consensus of the Board to re-appoint Ms. Eyerly and place confirmation of her appointment on the consent agenda. 3. Parks, Recreation and Tourism Advisory Comrr~ittee The three-year term of Paul Bailey, Windsor Hills District, expires on June 30, 2009. Supervisor McNamara nominated Mr, Bailey to serve an additional term. It was the consensus of the Board to place confirmation of his appointment on the consent agenda. 4. Roanoke Valley Convention and Visitors Bureau Board of Director The two-year term of John M. Chambliss, Jr., will expire on June 30, 2009. Itwas the consensus of the Board to appoint B. Clayton Goodman, III, County Administrator, to replace Mr. Chambliss. It was the consensus of the Board to place confirmation of his appointment on the consent agenda. 5. Roanoke Valley Greenway Commission The three-year term of Charles Blankenship expired on April 8, 2009. Mr. Blankenship was contacted and indicated his willingness to serve an additional term, It was the consensus of the Board to re-appoint Mr, Blankenship and place confirmation of his appointment on the consent agenda. VOTE: Supervisor McNamara motion to approve confirmation of the appointments Motion Approved Yes No Absent Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Flora ^ ^ ~ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ C League of Glder Americans Advisory Council Roanoke Valley Greenway Commission Court Community Corrections Program Regional Corr~muriity Criminal Justice Board Parks, Recreation and Tourism Advisory Board Roanoke Valley Convention & Visitors Bureau Board of Directors a