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HomeMy WebLinkAbout7/28/2009 - RegularRoanoke County Board of Supervisors Agenda July 28, 2009 Good afternoon and welcome to our meeting for July 28, 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. We respectfully request all electronic devices be turned off or silenced. Thank you. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Pastor Jake Huffman Villa 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 1. Resolution expressing the appreciation of the Board of Supervisors to Robert Jernigan, Risk Manager, upon his retirement after more than twenty-six years of service D. NEW BUSINESS 1. Resolution establishing a multijurisdictional family violence fatality review team (Joseph B. Obenshain, Senior Assistant County Attorney; Ellen S. Weinman, Attorney at Law) Page 1 of 3 E. FIRST READING OF ORDINANCES 1. First reading of an Ordinance authorizing conveyance of a 20' water line easement to the Western Virginia Water Authority to be located within a public right-of-way known as Townsend Road, said right-of-way having been dedicated to the Board of Supervisors, Hollins Magisterial District, (Paul Mahoney, County Attorney) F. APPOINTMENTS 1. Capital Improvement Program Review Committee (appointed by District) 2. Parks, Recreation and Tourism Advisory Board (appointed by District) 3. Social Services Advisory Board (appointed by District) G. 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. Appointment of Ruth Ellen Kuhnel, Assistant County Attorney, to the Community Policy and Management Team (CPMT) 2. Resolution accepting Garrett Lane into the Virginia Department of Transportation Secondary Road System 3. Request from the Fire and Rescue Department to accept and appropriate no- match grant funds in the amount of $54,750 from the Virginia Department of Health 4. Request from the Fire and Rescue Department to accept and appropriate 50/50 matching grant WV-C01/06-09 funds in the amount of $76,071.50 from the Virginia Department of Health 5. Request to renew contract to provide Commonwealth's Attorney services to the Town of Vinton for 2009-11 and appropriate $10,920 per year 6. Request to accept conveyance of 0.028 acre of real estate along with temporary construction easements from Timberbrook Properties II, LLC; The Branch Family LLC; 220 Buck Ventures I, LLC; and Buck Mountain Ventures I, LLC for additional improvements to Buck Mountain Road (State Route 679) right-of-way Page 2 of 3 7. Request to accept conveyance of 0.029 acre of real estate along with temporary construction easements from Springwood Properties, LLC for additional improvements to Buck Mountain Road (State Route 679) right-of- way H. REQUESTS FOR WORK SESSIONS REQUESTS FOR PUBLIC HEARINGS J. CITIZENS' COMMENTS AND COMMUNICATIONS K. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Accounts Paid -June 2009 5. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of June 30, 2009 6. Report of claims activity for the self-insurance program for the period ended June 30, 2009 L. 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 M. CLOSED MEETING pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.7. Consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, enforcement of stormwater maintenance agreement with Wolf Creek, Inc. N. CERTIFICATION RESOLUTION O. ADJOURNMENT NOTE: THE 7:00 P.M. EVENING SESSION WILL NOT BE HELD AS THERE ARE NO ADVERTISED PUBLIC HEARINGS Page 3 of 3 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: July 28, 2009 AGENDA ITEM: Resolution expressing the appreciation of the Board of Supervisors to Robert Jernigan, Risk Manager, upon his retirement after more than twenty-six years of service SUBMITTED BY: APPROVED BY: Becky R. Meador Clerk to the Board B. Clayton Goodman, III ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Robert Jernigan, Risk Manager, retired on July 1, 2009 after twenty-six years and seven months of service to Roanoke County. He will attend the meeting to accept a resolution of retirement. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 28, 2009 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS TO ROBERT JERNIGAN, RISK MANAGER, UPON HIS RETIREMENT AFTER MORE THAN TWENTY-SIX YEARS OF SERVICE WHEREAS, Robert Jernigan was first employed by Roanoke County on November 10, 1982, as Chief Accountant and was promoted to Risk Manager on August 8, 1988; and WHEREAS, Mr. Jernigan retired from Roanoke County on July 1, 2009, as Risk Manager after twenty-six years and seven months of dedicated service; and WHEREAS, Mr. Jernigan was responsible for the establishment of several invaluable programs in the areas of Risk Management, Worker Compensation and Safety Compliance; and WHEREAS, Mr. Jernigan's expertise was instrumental in the design, implementation and success of property, casualty, liability and fidelity insurance policies; and WHEREAS, Mr. Jernigan represented Roanoke County on numerous advisory boards and committees including the Length of Service Awards Program Board/Volunteer Incentive Board, Self- Insurance Board of Trustees, Health and Safety Committee for Fire and Rescue, Automobile Accident Review Committee and Worker's Compensation Review Committee; and WHEREAS, Mr. Jernigan, recognizing the importance of networking, became known around the state and nation as a proud representative of Roanoke County with his many professional affiliations, including Safety Council of Southwest Virginia, Virginia Public Risk Management Association, Virginia Self Insurer's Association, National Safety Council and National Risk Management Association; and Page 1 of 2 WHEREAS, throughout his tenure with Roanoke County, Mr. Jernigan has become known for his warmth, laughter and generosity and has continually displayed the highest standards of integrity, honor and character thereby consistently improving the quality of life of his fellow employees and citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to ROBERT JERNIGAN for more than twenty-six years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 2 of 2 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: July 28, 2009 AGENDA ITEM: Resolution establishing a multijurisdictional family violence fatality review team SUBMITTED BY: Joseph B. Obenshain Senior Assistant County Attorney APPROVED BY: B. Clayton Goodman, III ~~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Section 32.1-283.3 of the Code of Virginia, 1950, as amended, authorizes localities, singly or jointly, to establish fatality review teams to investigate fatal family violence incidents and to develop knowledge and procedures to help prevent similar family violence fatalities. In February, 2001, the Roanoke County Board of Supervisors adopted a resolution brought forward with the support of the Roanoke County Police Department to join in the creation of a regional family violence fatality review team. The present resolution reflects an effort by all the Roanoke Valley jurisdictions, Roanoke County, Roanoke City, City of Salem and Town of Vinton, with the support of the Virginia Department of Forensic Science, to re-initiate this important multijurisdictional public safety project. The Commonwealth's Attorney for Roanoke County and the Chief of Police of Roanoke County, in cooperation with the Roanoke County Department of Social Services and the Virginia Office of the Medical Examiner, are jointly requesting that the County of Roanoke participate in this multijurisdictional family violence fatality review team. The participation of professionals from the medical, legal, psychological, public safety and social services fields will permit the development and sharing of information and procedures among the localities in the Roanoke Valley to combat and prevent incidents of family violence which may lead to fatalities. STAFF RECOMMENDATION: Staff recommends adoption of the attached resolution. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 28, 2009 RESOLUTION ESTABLISHING A MULTIJUSRIDICTIONAL FAMILY VIOLENCE FATALITY REVIEW TEAM WHEREAS, the General Assembly of Virginia has adopted legislation designed to address issues arising from family violence fatalities, upon the request of the Virginia Commission on Family Violence task force; and WHEREAS, Section 32.1-283.3 of the Code of Virginia, 1950, as amended, authorizes localities or combinations of localities to establish violence review teams "to examine fatal family violence incidents and to create a body of information to help prevent family violence fatalities"; and WHEREAS, family violence has destructive consequences for families and individuals in our area and by identifying and describing trends and patterns of domestic violence-related deaths, a violence review team may serve to identify interventions designed to prevent such fatalities and to increase coordination and communication between agencies providing services to families experiencing domestic violence; and WHEREAS, the Commonwealth's Attorney of Roanoke County and the Chief of Police of Roanoke County have requested that the Board of Supervisors of the County of Roanoke establish a family violence fatality review team jointly with any one or more of the City of Roanoke, the City of Salem, Roanoke County and the Town of Vinton; and WHEREAS, the Board of Supervisors agrees that the establishment of such a joint review team would serve important public safety and public health purposes and therefore wishes to establish such a team in cooperation and coordination with the other localities in the Roanoke Valley. Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of Roanoke County, Virginia, as follows: 1. The County of Roanoke hereby joins to create a multijurisdictional Family Violence Fatality Review Team (the "Review Team") in combination with those jurisdictions, including the City of Roanoke, the City of Salem and the Town of Vinton, which likewise chose to join in this Review Team. 2. The purposes of the Review Team shall be the following: a. To evaluate events that lead to family violence fatalities; and b. To engage local government and private agencies, organizations and systems which provide services to or come in contact with victims and perpetrators of family violence in order to provide increased communication and collaboration among such entities involved and to identify gaps in responses and services in order to decrease the level of such family violence in our communities; and c. To offer recommendations to all concerned that will benefit the community and improve public safety and health; and d. To operate under the assumption that all persons and agencies involved care deeply about preventing violence within the family and will operate in good faith, using the best judgment and information available at the time. 3. The Review Team shall have the authority to review the facts and circumstances of all fatal family violence incidents that occur within the member jurisdictions. All information and records obtained or created regarding the review of fatalities shall be considered confidential and shall be Page 2 of 3 subject to exclusion pursuant to the provisions of subdivision 9 of Section 2.2- 3705.5 of the Virginia Freedom of Information Act. 4. The Review Team may consist of representatives from the member jurisdictions as set forth in Section 32.1-283.3 (D) of the Code of Virginia, 1950, as amended, and may include such employees of Roanoke County as the County Administrator may designate upon the recommendation of the Chief of Police and the Director of the Department of Social Services. 5. The members of the Review Team shall serve in such capacity without compensation and shall be entitled to the full extent of immunity from civil liability as afforded by subdivision G. of Section 32.1-283.3 of the Code of Virginia, 1950 as amended. 6. The Review Team shall submit periodic reports to the Board of Supervisors in order for the Board to evaluate the need for the continuation of the Review Team and its activities. Page 3 of 3 ACTION NO. ITEM NO. ~ - I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 28, 2009 AGENDA ITEM: Ordinance authorizing conveyance of a 20' water line easement to the Western Virginia Water Authority to be located within a public right-of-way known as Townsend Road, said right-of-way having been dedicated to the Board of Supervisors, Hollins Magisterial District SUBMITTED BY: Paul M. Mahoney County Attorney APPROVED BY: B. Clayton Goodman, III ~~- County Administrator I' COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is the first reading of an ordinance that dedicates an easement to be located within the right-of-way of Townsend Road in order for the Western Virginia Water Authority (WVWA) to provide the water service along this road in the Hollins Magisterial District. This road was dedicated to Roanoke County in fee simple by a subdivision plat for Section 2 of Belle Haven dated September 4, 1956 and recorded in Plat Book 3, page 237 in the Roanoke County Circuit Court Clerk's Office. A plat prepared by the WVWA showing the location of this easement designated "EXHIBIT PLAT FOR WESTERN VIRGINIA WATER AUTHORITY SHOWING A NEW 20' PUBLIC WATERLINE EASEMENT WITHIN THE R.O.W. OF TOWNSEND ROAD," dated 7/14/09 is attached as Exhibit A. Second reading will be held August 11, 2009. This waterline extension will serve a house to be constructed by Charles R. Simpson Inc. at the end of Townsend Road. FISCAL IMPACT: No fiscal impact to Roanoke County is anticipated. Page 1 of 2 ALTERNATIVES: 1. Adopt the proposed ordinance authorizing the County Administrator to execute the necessary documents for conveyance of the water line easement to be located within the right-of-way known as Townsend Road as requested by Western Virginia Water Authority (WVWA). 2. Decline to adopt the proposed ordinance. STAFF RECOMMENDATION: County staff recommends that the Board of Supervisors adopt the proposed ordinance as provided in Alternative 1. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 28, 2009 ORDINANCE AUTHORIZING CONVEYANCE OF A 20' WATER LINE EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY TO BE LOCATED WITHIN A PUBLIC RIGHT-OF-WAY KNOWN AS TOWNSEND ROAD, SAID RIGHT-OF-WAY HAVING BEEN DEDICATED TO THE BOARD OF SUPERVISORS, HOLLINS MAGISTERIAL DISTRICT WHEREAS, the Western Virginia Water Authority (WVWA) requires an easement for an underground waterline within the right-of-way known as Townsend Road to provide water service to the area, all as shown on the plat entitled "EXHIBIT PLAT FOR WESTERN VIRGINIA WATER AUTHORITY SHOWING A NEW 20' PUBLIC WATERLINE EASEMENT WITHIN THE R.O.W. OF TOWNSEND ROAD," (ExhibitA) dated 7/14/09; and WHEREAS, Townsend Road was dedicated in fee simple to Roanoke County by subdivision plat of Section 2 Belle Haven dated September 4, 1956 and recorded in Plat Book 3, page 237 in the Roanoke County Circuit Court Clerk's Office; 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 July 28, 2009, and a second reading was held on August 11, 2009. Page 1 of 2 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to WVWA for the provision of water service. 3. That donation to WVWA of an easement for an underground waterline and related improvements, within the easement area designated on the above-mentioned map, on the County's property known as Townsend Road to provide water service to the area 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. Page 2 of 2 Exhibit A 8460 TOWNSEND RD ~° MICHAEL DILLON TOWNSEND 8436 BELLE HAVEN RD 026.12-04-05.00-0000 GARY W. WATSON 026.08-03-26.00-0000 20' PUBLIC WATERLINE , EASEMENT `' '" !• • ` ~ . z ,,,: s .~.b . `;A~ 8427 TOWNSEND D ~ BRUCE RULE EXISTING ° ',R' 026.12-01-30.00-0 00 15' PUE :.': .t~.. 0 TOWNSEND RD I ~'~;."~. CHARLES R. SIMPSON, INC. _::FR~ 026.12-04-06.00-0000 : ~ ' ~ :.~: ~' ' LIMITS OF "..'r TOWNSEND •.~{". 8419 TO NSEND RD ROAD ROW I Q:" ALLEN J RNELL ~;~ o 026.12-01 29.00-0000 Q ~? ~ / 20' >.` •~. LL Q C7 7 L •'Z ~ J LI X ~ r n ~+ W t' ^,`' 7 L EXISTING ::••,x 15' PUE 0 TOWNSEND RD I ''~ • .~ L.F. JOURNELL .' ;.' O 026.12-01-28.00-0000 '~'; 6218 PETTITAVE I ~ ~ ~~'" HAROLD L. BARRETT 026.12-06-27.00-0000 ..~.:w I 6212 PETTITAVE ..-~, •''~~ . TIMOTHY JESSEE ~'."` ~ I 026.12-06-26.00-0000 ~`~~~ *~ 20' VARUA LE WIDTH -RLiB IC ATER LINE 84 3 TOWNSE D RD EASEM T ~- - _ L.F JOURNELL 02 .12-01-27.00-0 00 -----_._ -______ PETTIT qVE -~~ _ Rte.......~g ~_~ 71 ~"~`-- LIMITS OF RO W ~ 6211 PETTITAVE PETTITAV E '`-" --~-_. CHARLES T. CANNING 026.12-06-02.00-0000 6217 PETTIT AVE --~ '~----_i_ "--- „- ~ ~ ...,. ___._. ~T DAVID MANN . ~-% I~ ~ ``_~l .,_`"w- ' / 026.12-06-01.00-0000 __ _~ `~--~_~- V E i ``---~---_...~-----.__.~ _ _l LEGEND: ® PUBLIC WATERLINE EASEMENT EXHIBIT PLAT FOR EXISTING PAVEMENT WESTERN VIRGINIA WATER AUTHORITY SHOWING A NEW 20' PUBLIC WATERLINE EASEMENT EXISTING GRAVEL ROADWAY WITHIN THE R .O.W. OF TOWNSEND ROAD f~ PROPERTY LINE ~'~r~r~~ ~~4_~I ~~ - ~ ROANOKE VIRGINIA COUNTY _ _ _ WATER AI~ThIORI , SCALE: 1 " = 50' 07 14 09 ACTION NO. ITEM NO. ~ / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: July 28, 2009 Appointments to Committees, Commissions, and Boards Becky R. Meador Clerk to the Board B. Clayton Goodman, III ~~/ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Capital Improvement Program Review Committee (appointed by District) The following appointments will expire 8/31/2009: a. Mike Jeffrey -Cave Spring Magisterial District b. Brian Hooker -Catawba Magisterial District c. Steven A. Campbell -Hollins Magisterial District d. Wes Thompson -Windsor Hills Magisterial District e. Charles S. Wertalik -Vinton Magisterial District 2. Parks, Recreation and Tourism Advisory Board (appointed by District) The three-year term of Deborah George, Hollins Magisterial District, expired on June 30, 2009. The Board has been notified that Ms. George is moving from the district. 3. Social Services Advisory Board (appointed by District) The four-year term of Natalie Norris, Cave Spring Magisterial District, will expire on July 31, 2009. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 28, 2009 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM G -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 July 28, 2009 designated as Item G -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7 inclusive, as follows: 1. Appointment of Ruth Ellen Kuhnel, Assistant County Attorney, to the Community Policy and Management Team (CPMT) 2. Resolution accepting Garrett Lane into the Virginia Department of Transportation Secondary Road System 3. Request from the Fire and Rescue Department to accept and appropriate no- match grant funds in the amount of $54,750 from the Virginia Department of Health 4. Request from the Fire and Rescue Department to accept and appropriate 50/50 matching grant WV-C01/06-09 funds in the amount of $76,071.50 from the Virginia Department of Health 5. Request to renew contract to provide Commonwealth's Attorney services to the Town of Vinton for 2009-11 and appropriate $10,920 per year 6. Request to accept conveyance of 0.028 acre of real estate along with temporary construction easements from Timberbrook Properties II, LLC; The Branch Family LLC; 220 Buck Ventures I, LLC; and Buck Mountain Ventures I, LLC for additional improvements to Buck Mountain Road (State Route 679) right-of-way 7. Request to accept conveyance of 0.029 acre of real estate along with temporary construction easements from Springwood Properties, LLC for additional improvements to Buck Mountain Road (State Route 679) right-of-way Page 1 of 2 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. Page 2 of 2 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: July 28, 2009 AGENDA ITEM: Appointment of Ruth Ellen Kuhnel, Assistant County Attorney, to the Community Policy and Management Team (CPMT) SUBMITTED BY: Dan O'Donnell Assistant County Administrator APPROVED BY: B. Clayton Goodman, III 3~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Community Policy and Management Team (CPMT) is the oversight group that administers the funding of cases under the Comprehensive Services Act for at-risk children and families. The State requires representatives to this team who are senior staff or directors of the following departments: Social Services, Health, Court Service Unit, Schools, Community Services Board (Blue Ridge Behavioral Health Care), a private provider, and a parent advocate. Additionally, the Roanoke County team chose to add representation from the Police Department, Administration, Finance, and the County Attorney's offices to obtain a broader perspective in administering this program. Ruth Ellen Kuhnel, Assistant County Attorney, will replace Katherine Howe Jones as the County Attorney's representative to the CPMT. Ms. Kuhnel is now working with the Department of Social Services for cases involving juveniles and will be a good representative for this program. Ms. Kuhnel's appointment is consistent with CPMT by- laws and is presented to the Board of Supervisors for its approval. Katherine Howe Jones and Joseph B. Obenshain will continue to serve as alternates to the CPMT. STAFF RECOMMENDATION: Staff recommends the appointment of Ruth Ellen Kuhnel to represent the County Attorney's Office on the Roanoke County CPMT. ACTION NO. ITEM NO. C-S" " ~, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 28, 2009 AGENDA ITEM: SUBMITTED BY: APPROVED BY: Resolution accepting Garrett Lane into the Virginia Department of Transportation Secondary Road System Arnold Covey Director, Community Development B. Clayton Goodman, III '~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Mr. Wayne Ayers, the developer of North Barrens Estates, in the Hollins Magisterial District, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation (VDOT) requesting that they accept 0.14 mile of Garrett Lane from the intersection of North Barrens Road (Virginia Secondary Route 1832) to its cul-de-sac. The staff has inspected the road, along with representatives of VDOT, and finds the road acceptable. FISCAL IMPACT: No county funding is required. STAFF RECOMMENDATION: Staff recommends that the Board approve a resolution to VDOT requesting that they accept Garrett Lane into the Virginia Secondary Road System. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 28, 2009 RESOLUTION ACCEPTING GARRETT LANE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD 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 clearand 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. Page 1 of 2 Recorded Vote: Moved by: Seconded by: Yeas: Nays: A Copy Teste: Becky R. Meador, Clerk Roanoke County Board of Supervisors cc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation Page 2 of 2 13y rescltitior~ ofthe :?avetrtittg bocl~• adol~te;il 3uly ~ZN, 200? 17aEr f€rll€~xvarr~ T=:~`1~,~2' ~~~rrra ,~1' ~l 3 is dxerryL~` rattrac~htsr~ unr~ anior~t€,r•at~.yr~ crs ~~uTt c?f't1aFr~~€~~`{~r~raira,~r ~~€~€1~.~'s x~d..srrlis~ir.-rr,fr~r rli~rr~rQ.s in t}ie. ~~:er.~rarlar;y .s,}7ste~re r?~'~~ut~ hi~fri~~uy~. ~# ~;ka~f,~~ testes ,~a,~~r~,~nf {L:i~tttrly tiff%iu£j: ~r<~j~:cll~ubritvi~€+~r~ North Barrens Estates Tyne Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutoryprovision 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: Reasan `or Change: New subdivision street €'ltrsu~r~, to t;t>cic~ t7I Vlr~lllle3. •tTiEilli<<: §33,1-229 street Natn~ a~dlxsr Raate hlumlaer Garrett Ln., State Route Number 1497 Old Route Number: 0 • From: North Barrens Rd. To: cul-de-sac, a distance of: 0.14 miles. Recordation Reference: P.B. 24, P.g. 24 ..Right of Way width (feet) = 50 feet VL?C~7 I'GI'!11 f~v`~•+~..3 ~ ~~`.~~.QiAQn.~, l~5^uG'7 >+.4e3~I~3f,J 3tfICI11 ~iIYIS!fiF~ Page 1 of 1 ~~'~~, ,~ \o~~ ~ .~, \~ y ~'s m~, ~O '~q JR ~ I y~o~Y 1 \ ''a coy, ~ ~ as 4~~~ a . 4~ ? s ~ \eq~ rSp. '~ \ \ ~/y ~~~~ .~~ ~ \R~, `~' ~ ~ O '•,?~j? ~~ DESCRIPTON Garrett Lane -from the intersection of North Barrens Road (VA Sec. Rte 1832) to its cul-de-sac. eo ~ / .,~, ~ ti` / ~~~~ ?~F ~`p~ ~~ i°~ ~ ~ ter. r GY aye ~~~~0/ / 9p ,4 0 `~~ / / ~. /\ ~. LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICE Miles Feet Feet Houses 0.14 50 26 1 g ROANOKE COUNTY North Barrens Estates, Section 1 DEPARTMENT OF Acceptance of Garrett Lane into the Virginia Department COMMUNITX DEVELOPMENT of Transportation Secondary System. ~ ~ ACTION NO. ITEM NO. ~-s -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: July 28, 2009 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate no-match grant funds in the amount of $54,750 from the Virginia Department of Health SUBMITTED BY: APPROVED BY: Richard E. Burch, Jr. Fire and Rescue Chief B. Clayton Goodman, III'~~.. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Fire and Rescue Department requests that the Board accept and appropriate the following grant: The Virginia Department of Health, Office of Emergency Medical Services, has awarded the Fire and Rescue Department a NO MATCH (100% funding) grant totaling $54,750 for 15 Toughbook computers for patient care reporting. FISCAL IMPACT: The Roanoke County Fire and Rescue Department has 18 original Toughbooks that are 4 years old. The department had planned to replace 10 Toughbooks this year, and 8 next year. This grant funds replacement of 15 of these units with no matching funds required. ALTERNATIVES: The department would have to fund 100 percent of the replacement cost of 10 Toughbooks this year and delay the replacement of the other 8 units until next year. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the grant funds in the amount of $54,750 into the Fire and Rescue Department's budget. ACTION NO. ITEM NO. ~ " L~ 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: July 28, 2009 Request from the Fire and Rescue Department to accept and appropriate 50/50 matching grant WV-C01/06-09 funds in the amount of $76,071.50 from the Virginia Department of Health Richard E. Burch, Jr. Chief of Fire and Rescue B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Fire and Rescue Department requests that the Board accept and appropriate the following grant funds: 1. The Virginia Department of Health, Office of Emergency Medical Services, has awarded the Fire and Rescue Department a 50/50 matching grant in the amount of $55,071.50 for the purchase of one type 1 4-wheel drive ambulance. 2. The Virginia Department of Health, Office of Emergency Medical Services, has awarded the Fire and Rescue Department a 50/50 matching grant in the amount of $11,000 for the purchase of extrication/stabilization equipment for the new North County Fire Station. 3. The Virginia Department of Health, Office of Emergency Medical Services, has awarded the Fire and Rescue Department a 50/50 matching grant in the amount of $10,000 fora 12-lead Heart Monitor for the new North County Fire Station. Page 1 of 2 FISCAL IMPACT: 1. The Roanoke County Fire and Rescue Department is replacing a 1999 ambulance. 2. The Roanoke County Fire and Rescue Department is opening a new station in North County. The extrication equipment and heart monitor will be placed on equipment housed in this station. 3. The department has already identified matching funds for all three grants out of existing budget. ALTERNATIVES: The department would have to fund 100 percent of the replacement cost of the ambulance and the purchase of the extrication equipment and heart monitor. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the grant funds in the amount of $76,071.50 into the Fire and Rescue Department's budget. Page 2 of 2 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: July 28, 2009 AGENDA ITEM: Request to renew contract to provide Commonwealth's Attorney services to the Town of Vinton for 2009-11 and appropriate $10,920 per year SUBMITTED BY: APPROVED BY: Diane D. Hyatt Chief Financial Officer B. Clayton Goodman, III ~~]" County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Since July 2004, the Commonwealth's Attorney office has been providing service to the Town of Vinton through a contractual arrangement. The Town pays a fee to the County, which is then distributed as a supplement to the Assistant Attorneys in the Commonwealth Attorney's office. In return, they handle the prosecution of the Town of Vinton's criminal cases, including traffic infractions, misdemeanors, and preliminary hearings of felony cases. This arrangement has worked well for both parties, and they would like to renew the contract again. This time, the contract will be for a two year period (July 1, 2009 -June 30, 2011). There is a slight increase in the supplement, and six attorneys will now receive this supplement. A copy of the contract is attached to this board report. FISCAL IMPACT: The Town will pay the County $10,920 to provide legal services for the 2009-10 fiscal year, and for the 2010-11 fiscal year. This money will be paid to the six Assistant Commonwealth's Attorneys, as a supplement of $65.00 per pay period. (The $10,920 will also cover the employer portion of the FICA tax for these employees.) Page 1 of 2 STAFF RECOMMENDATION: Staff recommends the following: Approve the attached contract for the County Commonwealth's Attorney Office to provide legal services to the Town of Vinton for the 2009-11 fiscal years. 2. In each year of the contract, appropriate revenue of $10,920 from the Town of Vinton, and appropriate increased expenditure of $10,920 for salary supplements and FICA for the Commonwealth's Attorney's Office. Page 2 of 2 CONTRACT FOR PROFESSIONAL LEGAL SERVICES BE IT KNOWN THAT this agreement is entered into by and between the Town of Vinton, Virginia (hereinafter sometimes referred to as "Town") and Roanoke County Commonwealth's Attorney (hereinafter sometimes referred to as "Counsel"). Counsel hereby agrees to furnish the following services: Representing the Town in the prosecution of criminal cases, including but not limited to traffic infractions, misdemeanors, civil and mental hearings, and preliminary hearings of felony cases, as well as cases in Juvenile and Domestic Relations Court, and in the Court of Appeals of Virginia on petitions for writ of error. Counsel will also act as a legal advisor on criminal issues for the local law enforcement (Town of Vinton Police Department). The scope of this contract does not include litigation or proceedings arising out of or involving tort or worker's compensation. These legal services are to be provided under the immediate supervision of the Roanoke County Commonwealth's Attorney, Edwin Randy Leach, III. In consideration of services described hereinabove, the Town hereby agrees to pay the Counsel $10,920 per annum to be used as follows: 1. Each of the six attorneys listed in Attachment A will receive a pay supplement of $65.00 per pay period. Based on 26 pay periods per year, this amounts to an annual supplement of $1,820 each (including the employer portion of FICA tax at $4.98 per pay period). 2. Any amounts remaining, due to turnover in the office, may be used by Counsel for other office expenses, related to Vinton cases. Upon execution of the contract, the Town should mail a check in the amount of $10,920 to the County of Roanoke, Attention Ms. Diane D. Hyatt, PO Box 29800, Roanoke, VA 24018. At least semi-annually, Counsel will provide a summary of cases handled by Counsel, showing a breakdown of the cases handled on behalf of the Town of Vinton. The County of Roanoke will include the pay supplement on the County payroll checks for the attorneys listed on Attachment A. Any change in attorneys will require an amendment to Attachment A, which will need to be signed by the County Chief Financial Officer, in order to insure that the payroll change is made. A copy of this amendment will by mailed to the Town of Vinton, Attention Mr. Chris Lawrence, 311 South Pollard Street, Vinton, VA 24179. This contract is for a two year period only, commencing July 1, 2009 and ending on June 30, 2011. This contract may be renegotiated on a biennial basis. This contract should be renegotiated thirty days before the beginning of the new fiscal year in order to insure the continuation of the payroll supplement to the individual attorneys. All records, reports, documents and other material delivered or transmitted to Counsel by Town shall remain the property of Town, and shall be returned by Counsel to Town, at Counsel's expense, at termination or expiration of this contract. All records, reports, documents, pleadings, exhibits or other material related to this contract and/or obtained or prepared by Counsel in connection with the performance of the services contracted for herein shall become the property Town, and shall, upon request, be returned by Counsel to Town, at termination or expiration of this contract. The Town and Counsel acknowledge and agree that the Department of Justice has the right to review all records, reports, worksheets or any other material of either party related to this contract. The Town and Counsel further agree that they or either of them will furnish to the Department of Justice, upon request, copies of any and all records, reports, worksheets, bills, statements or any other material of Counsel or Town related to this contract. Counsel agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and counsel agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Counsel agrees not to discriminate in its employment practices, and will render services under this contract without regard to race, color, religion, sex, national origin, veteran status, political affiliation, or disabilities. IN WITNESS WHEREOF, the parties have executed this Agreement as of this day of TOWN SIGNATURE Title: COUNSEL SIGNATURE Title: ROANOKE COUNTY SIGNATURE Title: ACTION NO. ITEM NO. ~ - lP 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: July 28, 2009 Request to accept conveyance of 0.028 acre of real estate along with temporary construction easements from Timberbrook Properties II, LLC; The Branch Family LLC; 220 Buck Ventures I, LLC; and Buck Mountain Ventures I, LLC for additional improvements to Buck Mountain Road (State Route 679) right-of-way Paul M. Mahoney ~~-~ County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On May 12, 2009 the Board of Supervisors approved an agreement regarding certain vacations, dedications, conveyances and work related to the development of a shopping center in the Clearbrook area of Roanoke County. This agreement is between Roanoke County, James L. Walker of Roanoke, LLC, and Wal-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' Ordinance No. 102406-7, a 2001 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 220 (Franklin Road). In order to fulfill one of the conditions of this Agreement, Wal-Mart Real Estate Business Trust will construct certain road improvements to Buck Mountain Road (S.R. 679). It has negotiated the acquisition of a certain parcel of real estate from the owners: Timberbrook Properties, I I, LLC; The Branch Family LLC; 220 Buck Ventures I, LLC; and Buck Mountain Ventures I, LLC. This real estate consists of 0.028 acre, as shown on the attached plat entitled "Plat showing right of way dedication for: Buck Mountain Road Improvements" dated June 5, 2009, prepared by Dewberry & Davis, Inc. This conveyance also includes temporary construction easements of variable width of 0.062 acre and 0.058 acre. Page 1 of 2 This property is conveyed to Roanoke County so that Wal-Mart Real Estate Business Trust can construct the required improvements to Buck Mountain Road, and then have the improved portions of Buck Mountain Road submitted to the Commonwealth of Virginia, Virginia Department of Highways (VDOT) for acceptance into the secondary system of highways. A plat has been attached to this report showing the location of this property. FISCAL IMPACT: None ALTERNATIVES: Accept this conveyance of real estate in order to assist in the construction of the improvements to Buck Mountain Road. 2. Decline to accept this conveyance of real estate. STAFF RECOMMENDATION: It is recommended that the Board accept this conveyance of real estate, and that the County Administrator, or any Assistant County Administrators, be authorized to execute the deed and any other documents as may be necessary to accomplish this transaction, all upon form approved by the County Attorney. Page 2 of 2 CURVE RADIUS ARC LENGTH DELTA ANGLE CHURO LENGTH CHORD BEARING C1 157.32' 52.99' 19'17'55" 52.74' N 78'53'09" E _ C2 187.57' 94.06' 28'43'50" 93.07' N 69'04'41" W C3 157.32' 80.96' 29'29'05" 80.07' S 76'43'21" E C4 542.96' 101.66' 10'43'40" 101.51' S 67'20'39" E C5 TIE 542.96' 40.96' 04'19'20" 40.95' S 74'52'09" E LINE BEARING DISTANCE ~ L1 S 55'28'55" E 23.7.7' 5 89 ` " ' 2~' ~~rHq ' p. ~' Z ~ ; . 11_ 41 W L2 S 76 ' " ~ O avF ~ ' E 20.8 03 L3 N 13'59 ~ O G~° ~ , 39' 5" E 13 ' ' `~~~~~ ~1~ ~ ~ / . 5 L5 S 55 28 l6 S 76'11'41" W 103.69' 30' L7 N 13'59'03" E 1 1 ~~~ `~~ ~~oo~o /~ o ti° ~~ ` . L8 N 88'42'45" W 20.03' ti ~~ ~ ~Q`P p4~ ~ L9 N 01' 17' 15" E 15.75' L10 N 54'42'45" W 49.66' ' " ' Q` ,~o~ P.O.B. ~~ PIN: 88.03-02-01.00 PARCEL 1 SPRINGWOOD PROPERTIES, I.L.C. E 84.11 49 L11 S 61'58 D8 156 PG 1599 112 N 73'43'21" W 59.01' L4 L13 N 62'09'21" W 11.22' ' ' " P~ E ,) EIP REMAINDER=1.9b9 ACRES (BY SUBTRACTION) W 9.23 L14 N 25'15 38 ' Jlco fl29 ACRES fl L15 N 65'23'10" W 58.85 . U 1 L16 N 53'26'i9" W 51.20' ' ' " 1 10' TEMPORARY CONSiRUCT1oN ESMi E 13.26 L17 N 23'38 05 ' . ~p ~~ (0.022 ACRES) L18 S 61'58'49" E 17.44 P.O.B. ~ L19 N 68'12'07" W 96.23' PARCEL 2 i ~ S~3 L20 N 49'56'06" W 67.87' „~/ C <) S9p ~ L21 5 61'58'49" E 59.96' ~ 9 ` 7Y 2 J~, ~ ~ ~ / O.D28 ACRES , : `?9a ~ ~T~°J ECM ~ ~• J`Y~ ~~' ~ ' p ~'~.~ ~~ , L14 EI~ O '~ "' ~ '~ VARIABLE WID711 ~ ~ PORARY CONSTRUCTION ESMT ~/ ~ o ,y pJ o y . OC~ O ~/ tO'1 P O B ~~ Q'. . TEM ,~,~p~ (0.062 ACRES) \ b ~ O ~. . ~ . . ~ i~ ~~• ~`~~~~ ,yo°QO , Qom' (PARCEL 3) 00 Q 03-02-02 88 ~ /6 ` ~ '` EIP ~' Y4 ~`` ~ p°' i S' ~' ~`~ytiQ'''7 ~ /moo ' ~ . PIN: . ~.> THE BRANCH FAMILY L.L.C, do Q ~~ ~~' p~ Q'~ o ~, ~ 0 /~ \ 'S' ~ ~ TIMBERBROOK PROPERTIES Ii, LLC {~ 200316118 ~ INSTR Q QJ ~ / ~ . ~ 200415071(PLA7) \ INS'iR , ~ ' p~ tib ECM ~0 . ~ ~ y~ °0 ti k, o~ Q~' /~°j `~ " / 6^ ~~ ~ \ REMAINDER=1.692 ACRES \ (BY SUBTRACTION) p J o ~~ ~ ~ J ~ ~ \ ~o p ~ (PARCEL 3) Q ~a ~ VARV~BLE WID1N / - t ~ \ ' " G ~ ~ TEMPORARY CONSTRUCTION ESMT. ~ / 058 ACRES) ~ ~ ' ' (0 / J ~ ° ~~ . ~ ' ~. . Gad PIN: 88.03-02-02.01 `` BUC ECM do ~ K MOUNTAIN VENTURES 1, LLC 220 BUCK VENTURES I, I1..C INSTR.~ 200505574 ~ \ \ ~ iNSTR.# 200505575 T \ ' ECM \ ) 200415071 (PLA INSTR.~ \ ` ~ ~ PIN: 88.03-02-02.02 ~ LL(: " K M UNTAIN VENTURES I \ , ~ BUC O & 220 BUCK VENTURES I, LlC \ ~ ~ \ INS1R.# 200505576 \ ~ INSTR.~ 200505577 INSrR.p 2004t5071(PlA7) ~ ~ PLAT SNOWING RIGHT OF WAY DEDICATION FOR: ~ L~~~ ~ BUCK MOUNTAIN ROAD IMPROVEMENTS (. CONC, MONUMENT ^ EC F • EIP-EXISTING IRON PIN CAVE SPRING MAGISTERIAL DISTRICT OCOMPUTED POINT ROANOKE COUNTY, VIRGINIA ~~-~~ SCALE: 1" = 60' DATE: JUNE O5, 2009 1. NO 71TLF_ REPORT FURNISHED. 2. Th11S SURVEY IS BASED ON A CURRE NT ~ FIELD SURVEY ANO COMPILED DEED • '~ $ .~ dewberry INFORMATION. U ! o' sn' 120' Dewberry & ~ Davis, Inc. ~NC:.~sarg,,~, DRAWN BY: BOD CHECKED 8'Y: RHB P:\50000490\CADD\Survay\Pkrts\2009.06.05 Buck Mtn RW.dwg 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: July 28, 2009 AGENDA ITEM: Request to accept conveyance of 0.029 acre of real estate along with temporary construction easements from Springwood Properties, LLC for additional improvements to Buck Mountain Road (State Route 679) right-of-way SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: 1~ClY SUMMARY OF INFORMATION: On May 12, 2009 the Board of Supervisors approved an agreement regarding certain vacations, dedications, conveyances and work related to the development of a shopping center in the Clearbrook area of Roanoke County. This agreement is between Roanoke County, James L. Walker of Roanoke, LLC, and Wal-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' Ordinance No. 102406-7, a 2001 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 220 (Franklin Road). In order to fulfill one of the conditions of this Agreement, Wal-Mart Real Estate Business Trust will construct certain road improvements to Buck Mountain Road (State Route 679). It has negotiated the acquisition of a certain parcel of real estate from the owners: Springwood Properties, LLC. This real estate consists of 0.029 acre, as shown on the attached plat entitled "Plat showing right of way dedication for: Buck Mountain Road Improvements" dated June 5, 2009, prepared by Dewberry & Davis, Inc. This conveyance also includes 10' temporary construction easement of containing 0.022 acre. Page 1 of 2 This property is conveyed to Roanoke County so that Wal-Mart Real Estate Business Trust can construct the required improvements to Buck Mountain Road, and then have the improved portions of Buck Mountain Road submitted to the Commonwealth of Virginia, Virginia Department of Highways (VDOT) and accepted into the secondary system of highways. A plat has been attached to this report showing the location of this property. FISCAL IMPACT: None ALTERNATIVES: 1. Accept this conveyance of real estate in order to assist in the construction of the improvements to Buck Mountain Road. 2. Decline to accept this conveyance of real estate. STAFF RECOMMENDATION: It is recommended that the Board accept this conveyance of real estate, and that the County Administrator, or any Assistant County Administrators, be authorized to execute the deed and any other documents as may be necessary to accomplish this transaction, all upon form approved by the County Attorney. Page 2 of 2 CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD LENGTH CHORD BEARING C1 157.32' 52.99' 19'17'55" 52.74' N 78'53'09" E C2 187.57' 94.06' 28'43'50" 93.07' N 69'04'41" W C3 157.32' 80.96' 29'29'05" 80.07' S 76'43'21" E G4 542.96' 101.66' 10'43'40" 101.51' _ S 6T20'39" _E C5 TIE 542.96' 40.96' 04' 19'20" 40.95' S 74'52'09" E LINE BEARING_ OISTA_NCE ~~ ~ L1 5_55'28'55" E 23.27' 52' " 89 ' ' 2~ tihgHU ,/ ~ ~~' i O• 4 t . 11 W L2 S 76 ' ' " -~-- ~ ~~ ~ Q ' ' 20,84 D3 E L3 N 13'59 ' ' " ' esj , ~ ~'" © C'~o E 1 1.73 1 1 L4 N 69 14 ' " ~ _\ Q~ ~t o~• ~ E 13.39 L5 S 55'28'55 ' " ' '~ ~C' .(~. ~ $° ~~ ~ ~0 W 103.69 41 L6 S 76'11 ' ' " ' 0 ~ ~ `~ o / C \ `~ E 1 1.30 L7 N 13 59 03 ' d j• oti 5 ~P ~~ L8 N 88'42'45" W 20.03 ~ ' ~S ~ L9 N 01' 17' 15" E 15.75' Q ~ 110 N 54'42`45" W 49.66' ' ' " P.O.B. ~~ PIN: 88.03-02-07.00 Joo PARCEL 1 SPRINGWOOD PROPERTIES, L.L.C. E 84.11 49 111 S 61'58 DB 156 PG 1599 112 N 73'43'21" W 59.01' L4 113 N 62'09'21" W 11.22' EIP REMAINDER=1.969 ACRES ON T P~ 1 114 N 25'15'38" W 9.23' ) I ~~~ (BY SUBTRAC 115 N 65'23'10" W 58.85' 0,029 ACRES U~ 116 N 53'26'19" W 51.20' ' ' " 10' TEMPORARY CONS'iRUCTION ESMT E 13.26 117 N 23'38 05 ' . OP (~ (0.022 ACRES) 118 S 61'58'49" E 17.44 P.O.B. ~ 119 N 68'12'07" W 96.23' PARCEL 2 i ~ S~3 120 N 49'56'06" W 67.87' C> .S9o am/ C ~ 121 5 61'58'49" E 59.96' g/^ry ~ G :~~v ~2 ~ O.D28 ACRES , ~, 9s~, ~/ ~ ' ECM G~ ~T~FJ Jai ' ~ ° ~ ~" . 1_14 ~` EIP l ° ~ -VARW&LE WIDTH ~ ~ ARY CONSTRUCTION ESVAT ~ ~'~ 10J ,yo~ y~~~1 O B ry/ CO P ~ ~ ~ ~. . T13APOR i~,\p~ (0.062 ACRES) \ . . . 0 ~3' b ' ~ 0° 0 ~ ~~• `~`~~Q'~ ~y°°Q° , Q'' (PARCEL 3) ~ ~6 00 Q 02-02 8 03 ~~ • °'` EIP y`'oe4'~ti`~~~ °° ~ ~ J" ~.~ ~~. "> ,~i ' / . . - PIN: 8 >> THE BRANCH FAMILY L.L.C. do ~ Q~ ~' mot' Off' ~•y~ v 01 ~ \ "~' ~~ ~ TIMBERBROOK PROPERTIES II, LLC # 20031 6 1 1 8 INSTR Q ,~ ~J ,~ , / . ~f 200415071(PLAT) INSTR \ 0~` ECM P po°~, . ~~ ~~ ti ~4,~A'oQ~' ~~°j / ~ 4' \ ~ REMAINDER=1.692 ACRES \ (BY SUBTRACTION) J .y p ,~° ~• ~ O a 0 ~ \ p ¢O ~ (PARCEL 3) / ~~ ~Q ~y ~ VARIABLE WIDTH \ ~ ~ S' TEMPORARY CONSTRUCTION ESMT. 058 ACRES) ~ ` ~ ~ (0 . J , o . \ / ~~ ~ ~ ` Gh PIN: 88.03-02-02.01 ~ BUC ECM do K MOUNTAIN VENTURES I, LLC 220 BUCK VENTURES I, LLC INSTR.(~ 200505574 ~` ` ~ INSTR.~ 200505575 AT \ 7 P ' ECM \ ) 2004150 1( L INSTR.~ i' PIN: 88.03-02-02.0'1 ~ NTAIN VENTURES I LL~ K M `\ , BUC OU & 2'LO BUCK VENTURES I, LLC , ~ ~ \ INSTR.{{ 200505576 \ ' ~ INS TR.f( ^^<00505577 IN5TR.,y 200415071(PLAT) ~ ~ PLA7 SHOWING RIGHT OF WAY DEDICATION FOR: ~ ~~ END BUCK MOUNTAIN ROAD IMPROVEMENTS t. CONC, MONUMENT ^ EC 1 • EIP-EXISTING IRON PIN CAVE SPRING MAGISTERIAL DISTRICT COMPUTED POINT ROANOKE COUNTY, VIRGINIA NOTES;. 1. NO TITLE REPORT FURNISHED, SCALE: 1" = 60' L1ATE: JUNE 05, 2009 2. TNIS SURVEY IS BASED ON A CURRENT r~ FIELD SURVEY AND COMPILED DEED ~ ~ L3ewberr ' y INFORMATION. o' so' 120' Dewberry & ~ Davis, Inc. Fatc:.sa~r,~4, DRAWN BY: BDD CHECKED HY: RHB P:\50000490\CADD\Survey\PkrFa\2009,06.05 Buck kith RW.dwq r~ GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount of General Fund Revenue Unaudited balance at June 30, 2009 $ 17,493,808 9.65% Balance at July 28, 2009 $ 17,493,808 9.37% ** Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2008-09 a range of 9.0%-10.0% of General Fund Revenues 2008-2009 General Fund Revenues $181,259,899 9.0% of General Fund Revenues $16,313,391 10.0% of General Fund Revenues $18,125,990 ** 2009-10 a range of 9.5%-10.5% of General Fund Revenues 2009-10 General Fund Revenues $186,756,550 9.5% of General Fund Revenues $17,741,872 10.5% of General Fund Revenues $19,609,438 The unaudited Unappropriated Fund Balance of the County at June 30, 2009 was maintained at 9.65% which was within the range of our goal for 2008-09. The balance will be increased over time to the following ranges: 2010-2011 10.0%-11.0% Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III.~Y County Administrator 1~- ~4. COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor Countv Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Amount Unaudited balance at June 30, 2009 $1,932,871.20 July 14, 2009 Appropriate funds to compensate the City of Roanoke for the fair vale (195,204.00) of the firing range and driving range Balance at July 28, 2009 $1,737,667.20 Major Countv Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited balance at June 30, 2009 Submitted By Approved By Balance at July 28, 2009 Rebecca E. Owens Director of Finance B. Clayton Goodman III County Administrator $2,339,030.00 $2,339,030.00 K-~ RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2009-2010 Original Budget $100,000.00 May 26, 2009 Appropriation of funds for the lease of property for the temporary (15,600.00) location of the Mt. Pleasant Library June 9, 2009 Appropriation for Legislative Liaison (24,000.00) Balance at July 28, 2009 Submitted By Rebecca E. Owens Director of Finance $ 60,400.00 Approved By B. Clayton Goodman III~I„/ County Administrator ~' ACTION NO. July 28, 2009 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: Accounts Paid-June 2009 Rebecca E. Owens Director of Finance i ITEM NO. B. Clayton Goodman 1113 County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors Payroll 06/12/09 Payroll 06/26/09 Manual Checks Grand Total $ - 1,079,886.15 1,029, 561.62 $ - 106, 786.99 126,956.42 2,264.78 $ 7,488,152.37 1,186,673.14 1,156, 518.04 2,264.78 $ 9,833,608.33 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. ITEM NUMBER ~` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: July 28, 2009. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of June 30, 2009. SUMMARY OF INFORMATION: GOVERNMENT: SMITH BARNEY CONTRA 1,062,988.63 SMITH BARNEY 32,025,505.00 SUNTRUST SECURITIES 3,000,000.00 SUNTRUST SECURITIES CONTRA (2,574.45) 36,085,919.18 LOCAL GOVT INVESTMENT POOL: GENERAL OPERATION 14,010,882.98 14,010,882.98 MONEY MARKET: BRANCH BANKING & TRUST 1,073,144.92 SMITH BARNEY 47,389,879.32 SUNTRUST/ALEXANDER KEY 0.00 SUNTRUST SECURITIES 9,168,253.02 STELLAR ONE 1,032,799.63 SUNTRUST SWEEP 10,406,858.24 WACHOVIA 3,049,675.27 72,120,610.40 CASH INVESTMENT: SMITH BARNEY 1,130,052.10 1,130,052.10 TOTAL 123,347,464.66 A~ 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: AGENDA ITEM: SUBMITTED BY: APPROVED BY: July 28, 2009 Report of claims activity for the self-insurance program for the period ended June 30, 2009 Donald R. Karnes Risk Manager B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In accordance with the Self-Insurance Program, Ordinance 0-061494-6, Section 2-86.C, attached is the Fiscal Year to Date claims activity report including the Fourth Quarter that ended June 30, 2009. Attachment A -Auto, Attachment B -General Liability FISCAL IMPACT: None ~ O! Z I~ N O `~ - O O O O N i ~J J O I oD N o0 N O M N~ NI O O I~ n ~ M ' M m t . Q i r i CV ~ j V a ; i j I ~ I ~ ~ n rn I I ~ r a~ W ~ I i i NI I I N ~ I i I j ~ "O N f" M 'O ~ N~ N~ "O N N 'O N N ~ N N -O j N f// I "O II 'O ~ Ni C', N V! O N O ~ i I I I I Q _O ~ V _O V O V O V O U O U ~ _O - _O V I ~ V '~ l I~ ~ +___ i, j ° ~ Z O a O a O a O a __. _ O a ~ ~ _--, il I I O O ~ O' O'~ a a a '.. ' ~ Ni g o Q > > > > ~I i \ ~ > >j ~' /I V I '. ~ OI ~ I ~ I ~, M _ - -- ___ - W , j I i i I ZI I t a' ? 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N W ~ ~ ~ Q N N O M O O O O O W Q U N M M N M ~ ~ t!'1 ~. ~ O O O ~ Q O O O i O O O O O O- O O O ~ W ! ~ Q ~_ _ _ ~ O O O; O ~ i 1 N F- O I O O O I ~ . - I g Z ~~ ~ ~ ~I ~ ~ ~ ~ ~I ~ ~ ~ U ~~I ~ ~ ~; ~ ~ . ~I ~ ~: ~ ~ ~ I ~ N O N N rn f6 d i~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 28, 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.