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HomeMy WebLinkAbout12/15/2009 - Adopted Board RecordsATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2009 RESOLUTION 121509-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LINDA D. PAYNE, ROANOKE COUNTY POLICE DEPARTMENT, UPON HER RETIREMENT AFTER TWENTY SEVEN YEARS OF SERVICE WHEREAS, Linda Paynewas employed by Roanoke County on January 1,1983, as a Deputy Sheriff; and WHEREAS, Ms. Payne will retire as a Sergeant from the Roanoke County Police Department on December 31, 2009, after twenty seven years of service; and WHEREAS, Ms. Payne, through her hard work and dedicated efforts, performed a crucial role in protecting the lives and property of the citizens of the County by honorably serving as Police Officer and Sergeant; and WHEREAS, Sergeant Payne was instrumental in the completion of the Roanoke County Police Department's first two successful reaccreditation bids; and WHEREAS, Sergeant Payne has made a tremendous contribution to the County and its citizens through her endless work with the schools and related juvenile programs beginning with her many years as a Drug Abuse Resistance Education (DARE) instructor and ending with her present position as the School Resource Officer Supervisor; and WHEREAS, Sergeant Payne, through her employment with Roanoke County, has been influential in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVEDthatthe Board of Supervisors of Roanoke County, Virginia does express its deepest appreciation and the appreciation of the citizens of Roanoke County to LINDA D. PAYNE for twenty seven years of capable, loyal and dedicated service to Roanoke County; and Page 1 of 2 FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. ~n motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS; None A COPY TESTE: ~~~ry~ ~ Becky R. M dor Clerk to the oard of Supervisors Page 2 of ~ ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2009 RESOLUTION 121509-2 OF APPRECIATION TO JOSEPH P. MCNAMARA FOR HIS SERVICE AS A MEMBER OF THE BOARD OF SUPERVISORS FROM 1998 THROUGH 2009 WHEREAS, Joseph P. McNamara was first elected to represent the Windsor Hills Magisterial Districton the Board of Supervisors of Roanoke County in November 1997 and served in that capacity from January 1, 1998, through December 31, 2009; and WHEREAS, during those twelve years as a member of the Board, Supervisor McNamara served with professionalism and dedication, working on behalf ofthe people of his district and all citizens of Roanoke County; and WHEREAS, Supervisor McNamara's leadership skillswere recognized by hisfellow Board memberswhen hewas chosen to serve as Chairman of the Board of Supervisors in the years 2000, 2003 and 2007; and WHEREAS, calling on his own education, accounting acumen and experience as a local business owner, Supervisor McNamara consistently advocated prudent fiscal policies, which helped Roanoke County improve its financial position and achieve an admirable bond rating; and WHEREAS, his steadfast support for the business community and his emphasis on the benefits of regional partnerships helped create a positive environment for economic developmentefforts and numerous joint initiatives, including development ofthe Roanoke County Center for Research and Technology, completion of the Regional Fire and Emergency Medical Services Training Facility and Regional Fire Training Tower and the creation and expansion of the Western Virginia WaterAuthority; and Page 1 of 3 WHEREAS, Supervisor McNamara understood the critical role of education in ensuring individualsuccessandenhancingthecommunity'squalityoflifeandwasastrong proponentof improving theschoolsthroughconstruction projects, such asthe new Hidden Valley High School and Bonsack Elementary School; renovation of Northside and William Byrd High Schools, Glenvar Middle School, and Cave Spring, Green Valley and Mount Pleasant Elementary Schools; and the plan to begin construction on a new Masons Cove Elementary school in early 2010; and WHEREAS, recognizing that a strong infrastructure is necessary for a government to effectively serve its citizens, Supervisor McNamara supported critically needed capital improvements, including the construction of a new Public Safety Center, Western Virginia Regional Jail, North County Fire and Rescue Station, Fleet Service Center, South County Library and the upgrade ofthe emergency radio system, aswell asthe expansion of parks, greenways, and recreational facilities; and WHEREAS, SupervisorMcNamaraparticipated onnumerous committees on behalf of Roanoke County, including the Audit Committee, Roanoke Valley -Alleghany Regional Commission, Roanoke Valley Area Metropolitan Planning Organization, Roanoke Valley - Alleghany Regional Comprehensive Economic Development Strategy Committee, School Construction Committee and acted as the Virginia Association of Counties Legislative Contact. NOW, THEREFORE, BE IT RESOLVED thatthe Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to JOSEPH P. MCNAMARA for his many significant contributions as a member of the Board of Supervisors; and Page2of3 FURTHER, the Board of Supervisors wishes Supervisor McNamara continued success in his future endeavors. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, Altizer NAYS: None ABSTAIN: Supervisor McNamara A COPY TESTE: Becky R. Mea r Clerk to the Board of Supervisors Page3of3 ACTION N0. A-121509-3 ITEM N0. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 2009 AGENDA ITEM: Approval of the Memorandum of Understanding regarding the operation of a merged Emergency Communications Center with the Town of Vinton SUBMITTED BY: Bill Greeves Director of Communications and Information Technology APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On 12101/09, the Board held a joint work session with the Vinton Town Council to hear the results of a feasibility study focused on the concept of operating a merged Emergency Communications Center. Below is a summary of the findings of that report. A shared communications center, with proper implementation, offers significant service improvements to the County and Town as well as the citizens and visitors to the Roanoke Valley. By establishing high standards of performance and assuring thatthosestandards of service are consistently achieved, and that the center is well managed and properly staffed, the service level provided to all of the citizens will be equal to or better than the highest levels provided now. Cost savings, cost avoidance, improved service delivery and quality coupled with greater operational efficiency, significantly improved grant competitiveness, seamless delivery of EMD services and greater potential for enhanced 911 services are just some of the service improvement benefits a merged center would provide. The Steering Committee believes that a merger of the Town and County's emergency communications centers makes both economic and service delivery sense for both localities. The attached Memorandum of Understanding (MOU) outlines the financial and operational Page 1 of 2 obligations associated with the establishment and ongoing maintenance of a shared communications center. FISCAL IMPACT: All financial details relevant tothe merged centerare outlined as appendixtothe attached MOU. However, all funding required to implement the merged center will either be paid directly by the Town of Vinton or otherwise reimbursed in a timely manner. ALTERNATIVES: Continue to operate independent Emergency Communications Centers. STAFF RECOMMENDATION: Staff recommends that the Board invite the Town of Vinton to partner with Roanoke County in the operation a merged Emergency Communications Center. Staff also recommends that the Board authorize the County Administrator to execute the attached Memorandum of Understanding should the Town accept the County's invitation. VOTE: SupervisorAltizer moved to approve the staff recommendation. Motion Approved Yes No Absent Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Flora ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ cc: Bill Greeves, Director of Communications and Information Technology Paul Mahoney, County Attorney Page2of2 MEMORANDUM OF UNDERSTANDING FOR OPERATIONS, OVERSIGHT AND MANAGEMENT OF THE MERGED EMERGENCY COMMUNICATION CENTER BETWEEN THE COUNTY OF ROAN01~, VIRGINA AND THE TOWN OF VINTON, VIRGINIA THIS MEMORANDUM OF UNDERSTANDING, entered into this day of , 20_, by and between the Board of Supervisors of the County of Roanoke, Virginia, a political subdivision of the Commonwealth of Virginia, ("Roanoke County"), Party of the First Part, and the Town Council of the Town of Vinton, a political subdivision of the Commonwealth of Virginia ("Town of Vinton"), Party of the Second Part: WITNESSETH: WHEREAS, Roanoke County and the Town of Vinton desire to cooperatively work to continue to provide the optimum level of public safety call-taking and dispatch services to the residents of Roanoke County and the Town of Vinton in a cost efficient manner; and, WHEREAS, the increasing demands upon local public safety agencies to maintain the highest level of professional capabilities necessitates ever increasing requirements for training and equipment for emergency dispatch personnel; and WHEREAS, the Roanoke County Emergency Communications Center is equipped with state of the art call-taking and dispatching equipment and has the capacity to increase professional staffing levels to provide a level of public safety call-taking and dispatching services to the residents of both localities which will provide an appropriate level of service for purposes of public health and safety; and, WHEREAS, Roanoke County and the Town of Vinton desire to reach agreement for the proper management and funding for the E-911 dispatch center component of their respective public safety operations which will serve their respective jurisdictions. NOW, THEREFORE, Roanoke County and Town of Vinton agree as follows: I. E-911 DISPATCH CENTER: A. The Roanoke County Emergency Communications Center (ECC) shall provide emergency and non-emergency dispatch services for the Town of Vinton, including the Vinton Police Department, the Vinton Fire & Rescue Department and the Vinton Public Works Department. Services delivery procedures will be documented in General Orders (GO), Standard Operating Procedures (SOPS) and Directives, with input provided by the InterAgency Operational Team and the Advisory Board. B. All personnel of the Roanoke County Emergency Communications Center will be employees of Roanoke County. These employees will be paid by the Roanoke County Payroll office and will be subject to the provisions of the Roanoke County Employee Handbook. Current Town of Vinton dispatch employees will be afforded a full and fair opportunity to be employed in the same capacity with Roanoke County in accordance with the current Roanoke County standards for hiring of communications officers. Exemption from some testing requirements may be granted to Vinton employees in accordance with appropriate documentation. Mutually agreed guidelines, Exhibits "A", and a checklist for this process, "RoCo Hiring Requirements for ToV Dispatch Employees", Exhibit "B", are attached. All Town of Vinton employees that are transferred and become Roanoke County employees will be credited with their years of service with the Town of Vinton for the purposes of salary and leave accrual. Any leave balances of Town of Vinton employees that are transferred will be honored by Roanoke County. C. The day-to-day operational management of the Roanoke County Emergency Communications Center will be the responsibility of the Assistant Director for Communications of the Roanoke County Department of Communications and Information Technology (CommIT). D. The Assistant Director for Communications shall establish written policies and procedures for the operation of the Emergency Communications Center. E. Strategic direction and oversight for the Roanoke County Emergency Communications Center will be provided by the Director of Communications & Information Technology in coordination with the Emergency Communications Center Advisory Board. F. Roanoke County and the CommIT Department will move to immediately fill any vacancies in the ECC that cause the staffing levels to fall below One (1) Assistant Director of CommIT over communications, one (1) Chief Communication Officer, seven (7) Lead Communication Officers, five (5) Communication Officers III, twenty-eight (28) Communication Officers II/I. II. EMERGENCY COMMUNICATIONS CENTER ADVISORY BOARD: A. An Emergency Communications Center Advisory Board ("Advisory Board") shall be constituted to offer input and advice on the operations of the ECC for the maximum benefit of the citizens of Roanoke County and the Town of Vinton. B. The membership of the Advisory Board shall consist of the Chief of the Roanoke County Police Department, the Sheriff of Roanoke County, the Chief of the Roanoke County Department of Fire and Rescue, the Director of the Roanoke County Department of Communications and Information Technology (CommIT), the Chief of the Vinton Police Department and the Chief of the Vinton Fire and Rescue Department. C. The responsibilities of the Advisory Board shall be to ensure that the ECC functions are optimized to serve the needs of its primary customers, namely the citizens and public safety agencies of the participating localities. This board will also participate in the development of the capital budget for the merged center and such other responsibilities as the Advisory Board shall agree upon. D. The Advisory Board shall be led by the Director of the Roanoke County Department of Communications and Information Technology (CommIT). The Advisory Board shall meet on a quarterly basis or as needed. Any member of the Advisory Board may issue a call for a meeting at least one week in advance of the proposed meeting date. ^L INTER-AGENCY OPERATIONAL TEAM: A. An Inter-Agency Operational Team ("Team") will be constituted to assist with any on-going operational issues of the ECC. B. Each of the departments of Roanoke County and the Town of Vinton which utilize the ECC may appoint a representative to serve on this Team. C. The Team will be led by the Assistant Director for Communications of the Roanoke County CommIT Department. The Inter-Agency Team shall meet on a monthly basis or as needed. Any member of the Team may issue a call for a meeting at least one week in advance of the proposed meeting date. IV. ALLOCATION OF OPERATIONAL COSTS A. The parties agree that each jurisdiction will contribute to the operational cost of the ECC based upon a formula which considers calls for service and number of incidents equally. Town of Vinton will reimburse Roanoke County on a monthly basis in twelve (12) equal installments at an agreed upon reimbursement rate for each fiscal year. A mutually agreed upon reimbursement rate for the first three years of this agreement/MOU is attached hereto as Exhibit "C". B. CommIT shall develop an annual operational budget for the ECC and present it to the Advisory Board and the Team for their review and feedback prior to submission to each governing body as part of its scheduled budgeting process for each fiscal year. C. The funding for this Memorandum of Understanding shall be subject to the annual appropriations by the Board of Supervisors of Roanoke County and the Town Council of the Town of Vinton of the agreed reimbursement rate for the next fiscal year. Failure of such appropriation shall constitute an act of termination of this Memorandum of Understanding. D. The parties agree to the following allocation of funds available from state taxes or revenues, as follows: 1. Funds received from the Commonwealth for Communication Sales and Use Tax by each locality shall remain with the jurisdiction in receipt of such funds; 2. Funds eligible to be received from the Commonwealth E911 Wireless Services Board will be considered as revenue of Roanoke County. E. At the end of each fiscal year, an audit shall be performed in order to adjust any discrepancy between the budgeted payments by the Town of Vinton and the Town's appropriate share of expenses for the prior year. Once every three years the operational cost formula will be reviewed for possible changes in the agreed reimbursement rate. F. The County of Roanoke shall maintain accurate records of the operation of the ECC, including financial records. These records shall be available to the Town of Vinton during normal business hours. V. CAPITAL INVESTMENT A. The Town of Vinton shall contribute the equipment listed on Exhibit D, attached hereto, towards the operation of the ECC. The parties mutually agree that the value of such equipment is as listed on Exhibit "D". The agreed value shall be deducted from the first annual reimbursement rate as provided by paragraph IV.A, above. B. Roanoke County will continue to have full legal ownership rights to the real property and equipment of the ECC. The Town of Vinton waives any claim of ownership or interest in the property or equipment utilized in the operation of the Dispatch Center. C. Future large capital expenditures for the ECC will be shared by the County and the Town using the cost allocation formula if such capital expenditures have first been included in the capital improvement programs approved by the Town and the County. D. Roanoke County and the Town of Vinton will jointly pursue a consolidation grant to reduce the amount of capital investment required to implement the merged ECC. Consolidation grant monies awarded will be spent on all approved expenditures for both the County and the Town. Future grant applications will be submitted by Roanoke County or the Communications and Information Technology Department in a regional or individual initiative, whichever places the ECC in the best position for grant approval, with the intent of using the funds to enhance and improve the level of service to citizens of Roanoke County and the Town of Vinton. VI. INSURANCE COVERAGE A. Roanoke County shall maintain an appropriate level of liability insurance coverage for the personnel and operations of the E- 911 Dispatch Center through either the Commonwealth's VARISK 2 or self insurance or otherwise. The County shall provide to the Town of Vinton, upon request, such proof of insurance as is appropriate and shall have the Town of Vinton added as an Additional Insured on any insurance policy covering these personnel and operations. B. Without waiving any sovereign or other legal immunities of either jurisdiction, Roanoke County accepts full legal responsibility for any matter arising out of the operation of the E-911 Dispatch Center and the actions of the Roanoke County employees in performance of their duties with this E-911 Dispatch Center. Roanoke County shall defend the Town of Vinton in any action brought against the Town arising out of the operations of the E-911 Dispatch Center. VII. TERMINATION A. Either party may terminate this Agreement by providing twelve (12) months notice prior to the expected date of termination of this agreement in writing to the chief administrative officer of the other party. VIII. MISCELLANEOUS A. This Agreement shall be subject to modification or amendment only by an instrument in writing signed by all parties. B. It is hereby declared to be the intention that the sections, paragraphs, sentences and clauses of this Agreement are severable. If any section, paragraph, sentence or clause shall be found to be invalid for any reason, such invalidity shall not affect any of the remaining portions of the Agreement. C. Neither party may assign this Agreement without the consent of the other. D. Roanoke County may not merge with or join with another locality with regard to the provision of emergency and non- emergency dispatch services without the consent of the Town of Vinton. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: B. Clayton Goodman, III County Administrator Approved as to Form: Paul M. Mahoney, Esq. County Attorney TOWN COUNCIL OF THE TOWN OF VINTON, VIRGINIA By: Christopher S. Lawrence Town Manager Approved as to Form: Elizabeth K. Dillon, Esq. Town Attorney ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 15, 2009 ORDINANCE 121509-4 AUTHORIZING CONVEYANCE OF AN EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC SERVICE ACROSS PROPERTY OWNED BY THE BOARD OF SUPERVISORS -SOUTH COUNTY LIBRARY WHEREAS, Roanoke County is in the process of constructing a South County Library Building located on Merriman Road, Cave Spring Magisterial District; and WHEREAS, Appalachian Power Company (APCO) requires aright-of-way and easement for underground transmission lines on the County's property in order to relocate the electric service to accommodate the construction on the site as shown on the plat entitled "Proposed Right-of-Way on the Property of the Board of Supervisors of Roanoke County" dated November 3, 2009; and WHEREAS, the proposed right-of-way will serve the interests of the public and is necessary for the public health, safety, and welfare of the citizens of Roanoke County. THEREFORE, BE ITORDAINED bythe 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 December 1, 2009, and a second reading and public hearing as held on December 15, 2009. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interests in real estateto be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to APCO for the relocation of electrical service in connection with the construction of Roanoke County's South County Page 1 of 2 of electrical service in connection with the construction of Roanoke County's South County Library B~ailding. 3. That dona~rion to APC~ of an easement and right-of-way for underground transmission lines and related improvements, within the 15' easement area designated on the above-mentioned map, on the County's property Tax Map No. 91.05-01-26.00} to relocate the electric service in connection with the construction of the South County Library Building is hereby authorized and approved. 4. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. ~n motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS; None A COPY TESTE: Becky R. Mea r Clerk to the Board of Supervisors cc: Joseph B. ~benshain, Senior Assistant County Attorney Diane D. Hyatt, Assistant County Administrator Diana Rosapepe, Director of Library Services Page 2 of 2 // // / ~ JEAN MOYLAN TAYLOR i~ LIVING TRUST ~~ ~' 87.17-06-13 ~ ' i ~ i i i ' ~/ ~, ~y~ ~• ~~ ~~ 1 ,,.R'' ~ 1 1 1 1 1 I ROANOKE COUNTY BOARD OF SUPERVISORS 97.05-01-26 N PROPOSED RISER POLE 37800348006226 ~~ k pr~~e PROPOSED 15' RIGHT OF WAY BUFFER ZONE - - - - - - - - PROPOSED UNDERGROUND LINE - - - - EXISTING OVERHEAD LINE ROANOKE COUNTY, VIRGINIA T.D. 665000 MAP SECTION 3780034804 APPALACHIAN POWER COMPANY DRAWING NO. V -2045 W. D. No. W001884701 Job No. 08100112 Eas No, Map No. 3780-348-C4 Prop No. 1 THIS AGREEMENT, made this 4`~ day of November , 20 O9 , by and between the BGARD 4F SUPERVISORS GF RaANDKE COUNTY, VIRGINIA, herein called "Grantors," and APPALACHIAN POWER CaMPANY, a Virginia corporation, herein called "Appalachian," WITNESSETH: THAT for and in consideration of the sum of DNE DOLLAR x$1.00}, cash in hand paid to Grantors by Appalachian, the receipt whereof is hereby acknowledged, Grantors hereby grant and convey to Appalachian, its successors and assigns, rights of way and easements with the right, privilege and authority to Appalachian, its successors and assigns to construct, erect, install, operate, maintain, renew and remove a line or lines, for the purpose of transmitting electric power overhead, and underground, including electric service lines and extensions therefrom, in, on, along, over, through, across and under the lands of the Grantors identified as "Tax Parcel 97.05-O1-26 "situated in the Cave S_ rI ing District, County of Roanoke, State of Vir inia. Being a right of way and easement to provide electrical service to Tax Parcel 87.17-06-13 as part of the construction of the South County Library. Said right of way and easement shown on Appalachian Power Company Drawing No. V-2045, dated 11-3-2009, entitled, "Proposed Right of Way on Property of the Board of Supervisors of Roanoke County, Virginia" attached hereto and made a part hereof. TQGETHER with the right to Appalachian, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew, add to the number of, and relocate at will, THIS INSTRUMENT PREPARED BY AND UPON RECORDATION RETURN TO APPALACHIAN POWER COMPANY, P.Q. BOX 2021, ROANOKE VIRGINIA 24022-2121 1 poles, with wires, cables, crossarms, guys, anchors, grounding systems and all other appurtenant equipment and fixtures, underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures and appurtenances thereinafter called "Appalachian Facilities"}, and string wires and cables, adding thereto from time to time, in, on, along, over, through, across and under the above referred to premises; the right to cut, trim andlor otherwise control any trees overhanging branches, shrubs, roots, brush, undergrowth, or other obstructions which may interfere with or endanger the safety or use of, Appalachian's Facilities; the right to disturb the surface of said premises and to excavate thereon; and the right of ingress and egress to and over said above referred to premises, for the purposes of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith; also the privilege of removing at any time any or all of said improvements erected or installed in, on, along, over, through, or across and under the above referred to premises as may be required by Appalachian for the full enjoyment or relinquishment of the rights herein granted. APPALACHIAN agrees to restore and repair any damage to Grantor's property that may be caused by the construction, operation, or maintenance of said easement. The Grantor agrees that Appalachian will not be expected to restore the property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with Appalachian in effectuating such restoration. APPALACHIAN will indemnify and save the Grantor harmless against any and all loss or damage, accidents, or injuries, to persans or property, whether of the Grantor or of any other persons or corporations arising in the manner from the negligence of Appalachian in the construction, operation, or maintenance, or failure to properly construct, operate, or maintain its facilities installed upon the right of way granted by this agreement. B. Clayton Goodman, III, County Administrator of Roanoke County, Virginia joins in the execution of this instrument to signify the conveyance by the Board of Supervisors of Roanoke 2 County, Virginia, of the real estate conveyed herein pursuant to Grdinance No. ,adopted by the said Board of Supervisors on the day of , 2009. TD HAVE AND TO HaLD the same unto Appalachian Power Company, its successors and assigns. It is agreed that this foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions. NQTICE TD LANDQWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying, WITNESS the following signatures and seals. BaARD OF SUPERVISORS OF R~AN~KE CaUNTY, VIRGINIA By B. Clayton Goodman, III County Administrator of Roanoke County, Virginia STATE QF VIRGINIA ) } TG-WIT: COUNTY DF RDANQKE ) The foregoing instrument was acknowledged before me this day of 2009 by B. Clayton Goodman, III, County Administrator of Roanoke County, Virginia. NQTARY PUBLIC My Commission Expires: 3 ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 15, 2009 ORDINANCE 121509-5 AUTHORIZING CONVEYANCE OF A 50' SANITARY SEWER EXTENSION EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY TO BE LOCATED WITHIN A PUBLIC RIGHT-OF-WAY KNOWN AS WESTWARD LAKE DRIVE, SAID RIGHT- OF-WAY HAVING BEEN DEDICATED TO THE BOARD OF SUPERVISORS, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Western Virginia Water Authority (VWWA) requires an easementfor an underground sanitary sewer extension within the right-of-way known as Westward Lake Drive, platted as "Center Hill Drive", to provide sewer service to the area, and specifically to a residence located on Tax Map #054.02-05-51.00, all as shown on the plat entitled "WESTWARD LAKE DRIVE SANITARY SEWER EXTENSION, LAYOUT, GRADING & ESC PLAN" Sheet No. C-2, (Exhibit A} dated 9125108; and WHEREAS, Westward Lake Drive/Center Hill Drive was dedicated to Roanoke Countyforpublic use in Plat Book 3, page 87, in the Roanoke County CircuitCourtClerk's Office; and WHEREAS, the portion of Westward Lake Drive/Center Hill Drive where this sanitary sewer easement will be located has not been accepted into the state Secondary Road System and therefore remains a "paper street" under the ownership and control of Roanoke County; and WHEREAS, the proposed easement 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 ITORDAINED bythe Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Page 1 of 3 Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on December 1, 2009, and a second reading and public hearing was held on December 15, 2009. 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 U~JVUUAforthe provision of sanitary sewer service. 3. That donation to U~JVWA of an 50' easement for an underground sanitary sewer extension and related improvements, within the easement area designated on the above-mentioned map, on the County's property known as Westward Lake Drive, platted as "Center Hill Drive", to provide sanitary sewer 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. Page2of3 ~n motion of S~ipervisor Church to adopt the resol~,ition, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara NAYS: None ABSTAIN: Supervisor Altizer A COPY TESTE: ~~ Bec y R. Me or Clerk to the oard of Supervisors cc: Joseph B. Qbenshain, Senior AssistantCoumy Attorney Billy Driver, Director of Real Estate Valuation Arnold Covey, Director of Community Development Page 3 of 3 4`~~t- +~; u"r b'INI`Jdtl1 `1.1Nf10Q 3HON'dOb ~ ~ I ~~ d a a ~ J.all~1SIQ b9Mb1.bQ C o m~ w~ r ~ ~ ' i 0r 1 ~ g~~ ~ R~.. °~~~ ~ ~~§ : `°p ~P~~ ~ x i N'dld JS~''8 `rJNIQ`dbrJ Ilfl~~l~ ~ ~ ~ o mh ~ !!~ o •o,, & ~*,~ ~ ~ ~ . x a; ~ ~'~~~2 ~~ ~: NOISN~IX3 d~M~S J~d1~llNb'S ~ ~ ~ ~ W V = ca ti : ~ ~, ~ W~ ~ ~ o ~ G W la.~~ ,.~t ~ .,, , .~, , Odb'M1S3M ~ ~ a ~ ~ ~ ~ ~ w w r - C' k ~ G 4 6 + _,~ I ~ , I r H ~~~ I ~ I ~ ~ I x I I I I ~ ~~J W ~ ~ I ~ I Ij r W ~ o ~, ~. ~~~~~ ~ ~ ~ ~ I h,,~ ,, ~ ~, ~~Y' to ~ f ^ ~ I 4 Y' ~ n ~ 1_M1 rl n ~I r~• 1 p W ~ L1,'• tr F ~y ,. rj I ~. ~ r~ +bf ,', ~ Y, ~ Z T ~ I ~ y I 1 c: '~ _ (3 I 1 ". ~ fI I Y ~ w ~' p Q i, 1 y I j j l ~.: 4 ~ ,~, } ~ I J~ ~ ~ w ~~ ~ 4 ~ z ~ ~ ~ ~ ~ - h~~ 1 '~~ ' ~ 0 ` I II is ~ ~~~ ~ r',~-.., '~ ~ •\ ``,~ ~~ ~4 '{ ~ a .. ~ ~ I j; ~ . r I ~ ~ - f ~X''.s~ I^~y r w•'! I ~,~5 `~ F • •rF J`liq' p ~„`fin I ~ ! \ 4 ~ J J ~ ^^A•Yr ,r~/~~ r ~-F',,•y~• ~~~ 1 w. r ' YI L~ G`J ~ I +~~ it I / / i s•:'~• i ^ I ,'w 'r r~.'•~iyS yJAi: Jrati.' h ~ „n '~~ 4 ,r o- ~ t ^' r 6 N~~w I I a~{r , ~ ~'\.! , + ~ ^ ^-r ^(^ I ^~~! r_ .~ly~_,~ ^'1' ~~I~ tirl ..y 4 . J '- 'r ' r vl ] y .r ~ P fx. ~ r. ~ r vJ`i Ki ~ C1 ~ a ~~ ~W ~~~~ tl ~ 4r~1 i~ ~' ~I i f /1/ ~~ t j,~•}`-•~ `'~~•~.'~r i `~~ln k l~ ' '~ ~ 1 ~'_ ti.• T"~ ~(/~~f ~~ ~~ ` .vim 'r ~•~~~%-~ ~ ~ ^N4~ c'' ~,F ., I: .. r, ~ VVV ~ 1 I ~ ` , gl~_i~~1~-f ~-"V~ ~-~ ~fJ /I { ! S~V ~ i~ ,. ,. ,, '~ ~ ', ~ a r'~ 1' ~ ' Q ~ h ~~ ~f ~ ~ 'a` '• I Y i ~ ~~ L7d~~ Ib,i~y R.., v ~ ` :t / r: -.,t I ri•,.__~_.--/ ~..' 'rte ~ °~'' ~ 8~~ .,. ~ 1 . S; ~;+:~~ / ~ .. _ ~' ~~~ .• ~~ "' /. fir. ~ ~ ~ t' Y r, ` r ~ r ~- ' '; 'f T y' ~ 'T f ~1. r ~~. r 4 ~~4' ~ ~ ~f jj .: .. Vq t. ~5 f' cc ~,r ,~, '4 ] W r i I llTl ~~++ r YI I i~ ~ i4i -J~~~ y .. ~ r _ ~Ev~ I r i l •3h `~ 5 f> V ~~~ L• r 1a~ 7 r~ r I~ ~ 1w'I I ` I k 3 ?N 4 r. •~ r ., i j g - it ~ ~ Y} •- - 6 •'' + `V ~~ I ~ I 2`, l11 l~ ~ r ~f ~J j r~r I f ~~~~vr~ftl~ _ ~ f'J,f f r ~ ~ ' ~~ r_ I ~ f r r ~! , o K ~ f {~1 ry ... fl ~ ! , ~1 ~ i I~ ~Y ~ r' ~1'I ~ ~k:~' ~ `fir ~ ~ f -'~,• ~~~~ ~ ~ ~~ ~ _ ~~ ~~~ `~ ~ ~ 1 i ~ ~ ~ ~ 4 i ~ ~8.~9 ~ ~ a ~ \ ~~ ~, ~~ 1 Q ~9' ~~ ~i Qe R ~~ ~~a ~ ~ ~ ~~ ~ i cn ~ - -~ d • ~ 4kY~ i r• ~ ~ ~ ~ ~~ p~ ~ Cb~ ~ ~3~ 1 ~. 'ill ~ _ \ a ~7 ~ ~ ~ ~ 6 ~ ~ ~LL~ ~~ r ~ ~ k~ ~ 1t 3 ~e~ ~ ~ ~g~~l~~ 8s ~~ 7~r~ ~~ ~~ ~ ~~ {aa{rr33 ~~ lgtlqgg ~ I ~. , n ,/~ z ` r ~ ~ ~ ~~. a ~ ~ ~ ~ r W Y CJ 1.7 rim ~ ~ m ~ ga ~ ~ ~ ~ ~ ~• ~ ~~ ~ ~ ~ ~ ~~'~ s. ~ I Y ~ ~ i ~8 H~8 ~~8 ~~ A _ ~ ~~ ~Z ~~ ~ ~~ (~ ~~ 8 R ~R ~~R ~ ~ ~~ a ~ ~ w ~~ ~ C ~ C ~ .~~ r q ~ ~ ~ ~~ ~~ ~ ~ ~yj~ W °~- R ~~~x a ~~~: R ~~~~ ~ ~~~ i ATA REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF RGANGKE CGUNTY, VIRGINIA, HELD AT THE RGANGKE CGUNTY ADMINIS`fRA`fIGN CENTER GN TUESDAY, DECEMBER 15, 2009 RES4LU'~IGN ~ Z~ 509-fi CERTIFYING THE CLOSED MEETING 1NAS HELD IN CONFORMITY VIIITH THE CEDE 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. NGW, THEREFGRE, BE IT RESGLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. GrMly publicbusinessmatters lawfullyexemptedfrom open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters aswere identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Gn motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None A CGPY TESTE: Becky R. Me r Clerk to the B and of Supervisors ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2009 RESOLUTION 121509-7 OF CONGRATULATIONS TO KAREN P. SWITZER FOR RECEIVING THE 2009 GOVERNOR'S CAREGIVER RECOGNITION AWARD WHEREAS, The Governor's Caregiver Award was established in 2007 and is sponsored by The Virginia Council on the Status of Women in partnership with the Secretary of Health and Human Resources and the Virginia Department for the Aging; and WHEREAS, The Governor's Caregiver Recognition Award symbolically honors thousands of volunteer caregivers who lovingly and selflessly care for family and friends and also serves to heighten public awareness of the contributions of all caregivers; and WHEREAS, Mrs. Switzer, while working part-time, lovingly and tirelessly cares for her ten year-old granddaughter, Ashlynn, who requires care and assistance twenty-four hours per day due to several, serious medical conditions; and WHEREAS, Mrs. Switzer's dedication and love for Ashlynn are obvious by her positive and enthusiastic attitude toward their challenging circumstances. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to Mrs. Karen P. Switzer for receiving this award for her unselfish sacrifice in caring for her granddaughter; and BE IT FURTHER RESOLVED THAT the Board of Supervisors extends its best wishes to Mrs. Switzer in the future. Page 1 of 2 4n motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None A COPY TESTE: C Bec y R. Me or Clerk to the oard of Supervisors Page2of2 ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 15, 2009 ORDINANCE 121509-8 REZONING 0.349 ACRE FROM R-1, LOW DENSITY RESIDENTIAL DISTRICT, TO I-1C, LOW INTENSITY INDUSTRIAL DISTRICT WITH CONDITIONS, FOR THE PUROSE OF EXPANDING AN EXISTING CABINET SHOP LOCATED AT 8259 WOOD HAVEN ROAD, CATAWBA MAGISTERIAL DISTRICT (PORTION OF TAX MAP N0.36.08-1-56), UPON THE APPLICATION OF CLIFTON L. RONK WHEREAS, the first reading of this ordinance was held on November 17, 2009, and the second reading and public hearing were held December 15, 2009; and, WHEREAS, the Roanoke County Planning Commission held a publichearing onthis matter on December 1, 2009; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing approximately 0.349 acre, as described herein, and located at 8259 Wood Haven Road (Portion of Tax Map No. 36.08-1-56) in the Catawba Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of I-1 C, Low Intensity Industrial District with Conditions. 2. That this action is taken upon the application of Clifton L. Ronk. 3. That the owner of the property has voluntarily proffered in writing the following amended conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: a) Proposed building to be used for woodworking or closely related activity only. The land to be used for agriculture or closely related activity. Page 1 of 2 b} Hours of operation to be restricted from l a.m. to 9 p.m. Monday through Saturday. No business to be conducted on S~~nday under any circumstances. c} All woodworking operations to be contained inside except loading and unloading. 4. That said real estate is more fully described as follows: Beginning at Point 8 shown on a plat dated September 24, 2009 and entitled "Plat from records and survey bo~~ndary line agreement for Clifton L. Ronk and Alma J. Ronk DDB 1531, PG l33} X36.08-1-56.2} X2.261 acres Total} and Norman Thomas Ronk ~VUB 54 PG 1118} X36.08-1-56} showing 0.349 acres of 36.08-1-56 to be combined with 36.08-1-56.2 and conveyed to Cliftor~ L. Rork;" thence N 05°20'2l" V11 a distance of 25.24' to Point A on said plat; thence S Sl°25'20" E a distance of 341.81' to Point B; thence S 01°54'31" VV a distance of 126.89' to Point 11; thence N 83°15'12" V11 a distance of 69.00' to Point 10; thence N 05°38'43" E a distance of 91.00' to Point 9; thence N Sl°25'20" VII a distance of 282.19' to Point 8 which is the point of beginning, said parcel contained 0.349 acre. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the sameherebyare, repealed. TheZor~ingAdministratorisdirectedto amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Qn motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None A COPY TESTE: Bec y R. Me or Clerk to the oard of Supervisors cc: Philip Thompson, Deputy Director of Planning Page2of2 ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 15, 2009 ORDINANCE 121509-9APPROVING THE PETITION OF FOUNTAIN HEAD LAND COMPANY, LLC, TO AMEND THE PLANNED RESIDENTIAL DEVELOPMENT (PRD) MASTER PLAN RELATED TO AT-GRADE GOLF CART CROSSING ON PITZER ROAD FOR FOUNTAIN HEAD GOLF RESORT (BALLYHACK) WHICH MEASURES APPROXIMATELY 375 ACRES, VINTON MAGISTERIAL DISTRICT WHEREAS, the first reading of this ordinance was held on September 22, 2009, and the second reading and public hearing were held October 27, 2009; and WHEREAS, the Roanoke County Planning Commission held a publichearing onthis matter on October 6, 2009; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the proffered conditions imposed by the Board of Supervisors on a Planned Residential Development (PRD) known as the Fountain Head Golf Resort containing approximately 375 +/- acres and located on Pitzer Road (Tax Map Numbers 79.04-2-10,10.1,10.2,11,12, and 79.00-1-1) in the Vinton Magisterial District, are hereby amended as follows: 1. The developer hereby proffers substantial compliance with the PRD rezoning document titled "Fountain Head Golf Resort, A Planned Residential Community", Prepared by Balzer and Associates, Inc. Dated 8-17-05 and Revised 8-14-09. 2. The developer hereby proffers substantial compliance with the golf cart crossing sketch shown as Exhibit `A' attached to this rezoning document. Page 1 of 2 The at-grade golf cartcrossing shall notextend beyond October 1, 2412, at which time a tunnel under Pitzer Road shall be constr~~cted subject to VDT approval. 2. That this action is taken upon the application of Fountain Head Land Company, LLC. 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and fhe same herebyare, repealed. The Zoning Administrator is directedto amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. ~n motion of SupervisorAltizerto adoptthe resolution, and carried bythefollowing recorded vote: AYES: Supervisors Church, Flora, McNamara, Altizer NAYS: Supervisor Moore A C4PYTESTE: Becky R. or , Clerk to the oard of Supervisors cc: Paul M. Mahoney, County Attorney Arnold Covey, Director of Corrimur~ity Development Pr~ilipThorripson, Deputy Director of Planning Page 2 of 2 ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2009 ORDINANCE 121509-10 TO OBTAIN A SPECIAL USE PERMIT TO AMEND CONDTIONS REGARDING EXTERIOR BUILDING COLORS AND SIGN PANEL COLORS, AND TO INCREASE THE MAXIMUM SIZE OF A MONUMENT SIGN IN A C-21CVODS, GENERAL COMMERCIALICLEARBROOKOVERLAYDISTRICTWITH SPECIALUSE PERMIT ON APPROXIMATELY 41 ACRES LOCATED IN THE 5200 BLOCK OF FRANKLIN ROAD, STABLE ROAD, CLEARBROOK LANE, SINGING HILLS ROAD, AND SUNSET DRIVE, CAVE SPRING MAGISTERIAL DISTRICT UPON THE APPLICATION OF WAL-MART REAL ESTATE BUSINESS TRUST WHEREAS, Ordinance 102406-7 adopted by the Board of Supervisors on October 24, 2006 rezoned approximately 4.1 acres from AR, Agricultural Residential District, to C-2, General Commercial District, and CVOD, Clearbrook Village Overlay District, and granted a Special Use Permit with conditions to Wal-Mart Real Estate Business Trust to operate a retail sales establishment with a gross floor area greater than 50,000 square feet, garden center, and minor automobile repair facility on approximately 41 acres located in the 5200 block of Franklin Road; and WHEREAS, Wal-Mart Real Estate Business Trust has petitioned the County for approval of certain amendments to the Special Use Permit conditions imposed by the above ordinance; and WHEREAS, the first reading of this ordinance was held on November 17, 2009 and the second reading and public hearing were held December 15, 2009; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 14, 2009; and WHEREAS, legal notice and advertisement has been provided as required bylaw. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as Page 1 of 4 follows: 1. That the Board finds that the granting of a special use permit with the following amended conditions to Wal-Mart Real Estate Business Trust to operate a retail sales establishmentwith grossfloorarea greaterthan 50,000 squarefeet, garden center, and minor automobile repairfacility on approximately 41 acres as described in Exhibit B attached to ordinance 102406-7 adopted by the Board of Supervisors on October 24, 2006, and located in the 5200 block of Franklin Road, Stable Road, Clearbrook Lane, Singing Hills Road and Sunset Drive (Tax Map Numbers 88.04-1-35, 88.03-1-9, 88.03-1-4.1, 88.03- 1-2, 88.04-1-38, 88.04-1-41, 88.04-1-36, 88.04-1-34, 88.03-1-1.3, 88.04-1-26, 88.03-1-6, 88.03-1-3, 88.03-1-1.1, 88.04-1-39, 88.04-1-40, 88.04-1-39.1, and 88.03-1-1.2) in the Cave Spring Magisterial District is substantially in accord with the adopted 2000 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended. The Board also finds that this proposal as modified by the following conditions conforms to the Design Guidelines for the Clearbrook Village Commercial Overlay District, and that any adverse impacts to the surrounding neighborhood or community shall be minimized by the following conditions. The special use permit is hereby approved with the following AMENDED conditions: 1) The 41 +/-acre site shall be developed insubstantial conformance with the site plan prepared by Wolverton & Associates, dated October 13, 2006. 2) All buildings on the 41 +/-acre site shall be constructed in substantial conformance with the architectural plans, including exterior materials and colors, prepared by Perkowitz & Ruth, dated September 30, 2009, entitled "#1301-02 Roanoke, VA Exterior Elevations -Proposed Color Scheme". 3) All roof top mechanical and other equipment shall be screened from view from the Blue Ridge Parkway and U.S. Rt. 220. 4) All retaining walls shall have a maximum height of 12 feet and shall match the Page 2 of 4 exterior material "Quick Brick" and color "Heritage" as shown on the architectural plans prepared by Perkowitz & Ruth, dated October 13, 2006. Retaining walls within any required buffer yard shall not exceed 4 feet. 5) All freestanding signs shall be monument style with a maximum height of 10 feet and a maximum width of 10 feet. The monument sign, exclusive of the sign panels to be installed thereon, shall be constructedwith materialsand colorsthatmatchthe buildings, per the architectural plans prepared by Perkowitz & Ruth, dated September 30, 2009, entitled "#1301-02 Roanoke, VA Exterior Elevations - Proposed ColorScheme."Thetenantpanelsshall remain Camel Brown until utilized by a tenant, at which time the background shall be white. 6) The 41 +/- acre site shall be developed in substantial conformance with the landscaping plan prepared by Hill Studio, dated 9/26/06, and including the specific details shown on the "Singing Hills Rd Landscape Buffer" plan prepared by Hill Studio, dated October 13, 2006. 7) Construction entrance shall be located at the Clearbrook Village Lane entrance as shown on the site plan prepared by Wolverton & Associates, dated October 13, 2006. All construction traffic shall use Clearbrook Village Lane. 8) The applicant/developer shall be responsible for constructing reasonable and necessary off-site improvements to the public road system the need for which is substantially generated and reasonably required by the development. 9) The Route 220/Stable Road intersection and the new Stable Road alignment depicted on the site plan prepared by Wolverton & Associates dated October 13, 2006 will be modified so that: a. The northernmost access to Stable Road located atthe rearof theAnchor 1 building will be eliminated. b. Subject to VDOT approval, the Stable Road intersection will be redesigned to safely separate neighborhood and commercial traffic with the traffic engineer for the Singing Hills Road and Stable Road residents having an opportunity for input in the redesign. c. Trucks servicing thedevelopmenton this41 +l-acre siteshall not use Stable Road for ingress and egress. Page 3 of 4 d. Internal truck circulation on the site shall be addressed and provided. e. Pedestrian conflicts on the site shall be identified and addressed. f. An alternate entrance onto Route 22D Northbound maybe evaluated. 2. ~fhat this action is taken upon the application of vVal-Mart Real Estate Business Trust. 3. !f hat this ordinance shall be in full force and effect thirty ~3D} days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinancebe, and thesame herebyare, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. an motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None AC4PYTESTE: Becky R. Me or Clerk to the Board of Supervisors cc: Paul M. Mahoney, County Attorney Arnold Covey, Director of Community Development Philip Thompson, Deputy Directoro~f Planriii7g John Murphy, Zoning Administrator Susan Carter, Planning Administrator Assistant Page 4 of 4 ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2009 ORDINANCE 121509-11 AUTHORIZING THE PAYMENT OF A FIVE HUNDRED DOLLAR BONUS TO CERTAIN COUNTY EMPLOYEES WHEREAS, Section 15.2-1508 of the 1950 Code of Virginia, as amended, authorizes the governing body of any county, city and town to pay a monetary bonus to certain local government officers and employees; and WHEREAS, the Board of Supervisors of Roanoke County deems that it is in its best interests to authorize the payment of monetary bonuses to recognize the services rendered by County officers and employees during these difficult economic times; and WHEREAS, the Board of Supervisors has previously appropriated the sum of $1,800,165 for bonuses for School and County employees; and WHEREAS, the first reading of this ordinance was held on December 15, 2009; and the second reading of this ordinance has been dispensed with since an emergency exists, upon a 4/5ths vote of the members of the Board. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to pay a Five Hundred Dollar bonus to certain qualified Roanoke County officers and employees. Officers and employees who qualify for the payment of this bonus are full-time and regular part-time employees who are actively employed with the county at the time the bonus is paid. Regular full-time employees are those listed in the Roanoke County Pay Classification Plan. Regular part-time employees are those who work a regular weekly schedule. Page 1 of 2 Part-time casuals and temporaries, and members of boards and commissions are not eligible for~f"iis bonus. ~n motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara NAYS: Supervisor Altizer A COPY TESTE: Q Becky eador Clerk to the Board of Supervisors cc: Diane D. Hyatt, Assistant County Administrator Paul M. Mahoney, County Attorney Rebecca Owens, Director of Finance Joseph Sgroi, Director of Hurnan Resources Dr. Lorraine Lange, School Superintendent Penny Hodge, Assistant School Superintendent of Finance Brenda Chastain, Clerkto the School Board Page 2 of 2 ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 1, 2009 RESOLUTION 121509-12.a ACCEPTING COLONIALCOURT DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM WHEREAS, the streets described on the attached Addition Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 ~n motion of Supervisor Flora to adoptthe resolution, and carried by the following recorded vote: AYES; Supervisors Moore, Church, Flora, McNamara, Altizer NAYS; None A COPY TESTE: V ~' -~~~~(/W / Becky R. M dor Clerk to the oard of Supervisors cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development Services Brian Epperley, Transportation Engineer Virginia Department of Transportation Page 2 of 2 In the County of Roanoke By resolution of the governing body adopted December 15, 2009 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): Report of Changes in the Secondary System of State Highways ProjectlSubdivision Colonial Court Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name andlor Route Number - , State Route Number 2034 Old Route Number: 0 • From: Route 720 Colonial Ave To: cul-de-sac end, a distance of: 0.10 miles. Right of Way width (feet) = 40 feet VDOT Form AM-4.3 (4/20/2007), Asset Management Division Page 1 of 1 _ ~ s r~ od'`r ~~ ~~ * 3 ~~ ~~6 r~ ry~W ,~ Ada d ~ ~ 3 2 ~ ~ ~ ,,,rrr ~ S/ ~ Z r ~ k ~ ~ y~¢'~. 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F / Lllf f~ + ?: 1~[1~~ ~ -fis ~ 'rrf~~','~.-ii¢~'~ ~r, ~,._LQT 13 ',~z ~''~ I, ; f ~: ~~ ~ i) ~ r:f ~4~ ~ 1 ~ ., ~ ~ ~ ~ I ~`~-- ~ ~ ~ ` . ~, F _ 1 ,___ __ .__ - - ~ ..,~ ..~. ..u } ~, r r-'"~ _ {~ r . I '~7 ~~t7r~~~;wr «fi~ ~ it } --.I M ~';r ~~ . ,. ... r ~ ...... - PRGPOSED ADDITIGN~S} IN GREY ,fir",^ri-~, ~' ~;~rF ~_ .V ., ~ ~rx, . ` ~ ?i ~~y.;~: .. `M1~ti~ yLn ~ .~ I~ ` ~~. I 1 1-'. •L.~. ~~`~~~ ~ ~~-1::11, ~, j, ,~~ f.RI ~ N[. - i ~~ ~ ~, .y ..•~~•~~ rr;;i s ; ,. ~~ ~ I, _, ,`•~ ~o~ ~ ~~ ROADWAY DESCRIPTION LENGTH ROW WIDTH SERVICES Miles Feet Feet Houses Colonial Court Drive; From Colonial Ave. (route 720) to the END of its cul-de-sac 0.10 40 28 12 ROANOKE COUNTY ACCEPTANCE OF COLONIAL COURT DRIVE INTO THE DEPARTMENT OF VIRGINIA DEPARTMENT OF TRANSPORTATION COMMUNITY DEVLOPMENT SECONDARY SYSTEM ~ ~ ~ ~~~ ~~; / , /~`' ~ / F ,a I /)+l~ f ~' I / I , I /rr, ~,1'1.' (? .} r 10 , ~ ,°~t~~ ~~ ~ La f i / i~ rf, 4 / ~ ~ LO ,! I ./ ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2009 RESOLUTION 121509-12.b ACCEPTING MONET DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM WHEREAS, the streets described on the attached Addition Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9,1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Page 1 of 2 On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None A COPY TESTE: ~-JU ~ Becky R. ador Clerk to the Board of Supervisors cc: Arnold Covey, Director of Community Development Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development Services Brian Epperley, Transportation Engineer Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 121509-12.b adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, December 15, 2009. Becky R. Meador Clerk to the Board of Supervisors Page2of2 In the County of Roanoke By resolution of the governing body adopted December 15, 2009 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. A Copy Testee Signed (County Official): Report of Changes in the Secondary System of State Highways ProjectlSubdivision Hampshire Type Change to the Secondary System of State Highways: Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: New subdivision street Pursuant to Code of Virginia Statute: §33.1-229 Street Name andlor Route Number - Monet Drive, State Route Number 1255 Old Route Number: 0 • From: Rt 688 Cotton Hill Rd To: cul-de-sac end, a distance of: 0.35 miles. 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' ~r f r~' ~ ~r f r ' rt~ ~ ~ ~ ti •~ f~ r ' 1 ~ ~ btpW ?r~ f ~ ~ S5W ~ r FU~1,P1 ~~ ~ ~, ~ ; i ~ ~ ani rin~aa r a ~ . ~_ f 16 rw li a ro Corr sAt ~ ~' ~ • ~ f ; i a 1 ~ rR' ~ 'r ru rsr,~a r ~ ~ ~ .~• ` .~ ~ ~ tii I s i r r I~ 1 .• ~ E cr-~ra cd• a -~1 l ~ ~~ i I ,T~~t ~ ~ X11 ~ ~. sr11 r~+x~wv; u' t -~ ~y -~~€ ~~r . ~' , 'r, '~ .. s+er.~x ~, ~ ~ ~• rl~ 1arr~i ~ c~ ~rlrvlm c~c ~+1-1 '' ~ STS R~ r ~ f f ' ~j•~!R ~1 ~ ,, ~.`•1 ~~ ~~ ! ~~+~p17' I I ~ ~ ~' X*'fF•1 ~ 1~ \ ~ , ~ fd1E rllrYilWr ASSY ~ ~ f ~ f I ~ ~ m ~ ~ 5' ~~ `~ ~~~'~ r•r ~, 'I / ! I rEFrd' A1u. r~LF r '~~~ ~ ~~-.~..,...~ ~ ~ ~ 1 I !lt ~70.Y[-~01-111 t. ~, ~. / raj ~ r ' /i1G+4~1rY DF O~Np J AIM 'ti 6' dlrE KICK ~ ~ r ~ ~ r~,' ~ owawr~~ •~~ • ~ ~.~ ~ ~ ~ ~ ~ ,, % e' r era' ~' ~ r ~ `• ~ ~ ~ '~ rrh ra+rr y ~ ~~ - -r ~ ~ ~~ r~ 19 ~ ,~' .ac r _ I ~~~ ~ ~ .~.r•,-~ ~ 1 1 r 1 ~ . ' . l rAx -~.vl-al-u PRGPGSEDADDITIGN~S} IN GREY ROADWAY DESCRIPTION LENGTH ROW WIDTH SERVICES Miles Feet Feet Houses Monet Drive; From Cotton Hill Rd. (route 688) to the END of its cul-de-sac 0.35 50 32 44 RoANOKE couNTY ACCEPTANCE OF MONET DRIVE INTO THE VIRGINIA DEPARTMENT OF DEPARTMENT OF TRANSPORTATION SECONDARY COMMUNITY DEVI.OPMENT SYSTEM ACTION N0. 121509-12.c ITEM N0. U-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 2009 AGENDA ITEM: Request to accept and appropriate a Local Government Challenge Grant in the amount of $5,000 from the Virginia Commission for the Arts SUBMITTED BY: W. Brent Robertson Director of Management and Budget APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County applied for a Local Government Challenge Grant from the Virginia Commission for the Arts. The Commission will match up to $5,000 (if full funding is approved) of any donation the County makes to qualified art organizations in the valley. In thefiscal year2009-2010 budget, the Board of Supervisors approved an appropriation of $2,500 for the Arts Council of the Blue Ridge; $1,000 for the Harrison Museum of African American Culture; $3,500 for the Historical Society of Western VA - 0. Winston Link Museum; and $5,900 for the Roanoke Symphony Orchestra. Staff, therefore, applied for the maximum grant allocation of $5,000. Roanoke County was awarded $5,000 for fiscal year 2009-2010. FISCAL IMPACT: Staff recommends dividing the $5,000 grant between the Arts Council of the Blue Ridge, the Harrison Museum of African American Culture, the Historical Society of Western VA - 0. Winston Link Museum and the Roanoke Symphony Orchestra. Combined with the County's appropriation, the following amounts would be available to the organizations referred to above: Page 1 of 2 Countv VCA Total Arts Council of the Blue Ridge $2,500 $1,333 $3,833 Harrison Museum of African American Culture $1,000 $1,000 $2,000 O. Winston Link Museum $3,500 $1,333 $4,833 Roanoke Symphony 5 900 1 334 7 234 $12,900 $5,000 $17,900 ALTERNATIVES: There are no alternatives to this agenda item. STAFF RECOMMENDATION: Staff recommends acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000 to be distributed as indicated above. VOTE: Supervisor Flora moved to approve the staff recommendation. Motion Approved Yes No Absent Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Flora ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ cc: W. Brent Robertson, Director of Management and Budget Rebecca Owens, Director of Finance Page2of2 ACTION N0. 121509-12.d ITEM N0. U-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 2009 AGENDA ITEM: Request to accept and appropriate funds in the amount of $30,000 to Roanoke County Schools from the Commonwealth of Virginia for the nationally board certified teachers incentive SUBMITTED BY: Brenda Chastain Clerk to the School Board APPROVED BY: 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: Each year, teachers who are nationally board certified receive an incentive from the Commonwealth of Virginia that must be processed through Roanoke County Schools' accounting process. The Commonwealth of Virginia will electronically transfer $30,000 to cover this incentive and the payroll office will distribute on the next available payroll. FISCAL IMPACT: The personnel budget will be increased by $30,000. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of funds in the amount of $30,000 to Roanoke County Schools from the Commonwealth of Virginia for the nationally board certified teachers incentive. Page 1 of 2 VOTE: Supervisor Flora moved to approve the staff recommendation. Motion Approved Yes No Absent Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Flora ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ cc: Rebecca Owens, Director of Finance Brenda Chastain, Clerk to the School Board Page2of2 ACTION N0. 121509-12.e ITEM N0. U-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 2009 AGENDA ITEM: Request to appropriate funds in the amount of $11,352.54 for the assessment of Appalachian Power Company (APCo) negotiations SUBMITTED BY: Anne Marie Green Director of General Services APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County and Roanoke County Schools are members of the Virginia Municipal League/Virginia Rssociation of Counties (VML/VACo) Steering committee, which consists of local government officials within the Appalachian Power Co. (APCo) service area. The committee was established to negotiate reduced electric service charges with APCo for the local governments. Prior to the formation of this committee, the localities negotiated individual contracts with APCo, which required the localities to hire consultants and attorneys during the process. There have been no assessments since May, 2007. Since that time, the Committee has provided the following services to the localities: • Participating in State Corporation Commission (SCC) hearings in which APCo sought increases in its 2008 and 2009 fuel factor, resulting in a reduction of $112.6 million • Participating and opposing APCo's 2007 and 2008 applications for a surcharge on capped rates for incremental environmental and transmission and distribution reliability costs (E&R), resulting in loweringthe E&Rsurcharge byapproximately$16 million • Continued participation by the Committee's Counsel and consultant in APCo's proceeding in the SCC to increase base rates in 2007 and 2008, resulting in a reduction of the amounts sought by $202 million Page 1 of 2 • Active participation in, and SCC denial of APCo's application for approval to construct a clean coal generating plant in West Virginia estimated to cost $2.3 billion • Renegotiating three year general service and street light contracts for all Public Authorities with APCo which provide for aggregate surcredits of $5.25 million and other benefits over the contract term. FISCAL IMPACT: The current assessment from the committee, which is based on Kilowatt hours used, is $250,000, and Roanoke County's share is $11,352.54. Based on usage, the Roanoke County schools are responsible for $8,259 and the County is responsible for $3,094. These funds are available in the Board Contingency Account. ALTERNATIVES: 1. Approve the payment of $3,094 to the VML/VACo APCo Steering committee from the Board Contingency Fund. 2. Negotiate separately with APCo. The county would have to employ a consultant, which would also require an expenditure of funds, probably in excess of the assessment from the Steering Committee STAFF RECOMMENDATION: Staff recommends Alternative 1. VOTE: Supervisor Flora moved to approve the staff recommendation. Motion Approved Yes No Absent Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Flora ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ cc: Paul M. Mahoney, County Attorney Anne Marie Green, Director of General Services Rebecca Owens, Director of Finance Page2of2 ACTION N0. A-121509-12.f ITEM N0. U-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 15, 2009 AGENDA ITEM: Confirmation of appointments tothe Grievance Panel, Library Board and Western Virginia Regional Jail Authority SUBMITTED BY: Becky R. Meador Clerk to the Board APPROVED BY: B. Clayton Goodman III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Grievance Panel (At-Large appointment) It was the consensus of the Board at their December 1, 2009, closed session to appoint Mr. James ShaverSr. tothe Grievance Panel forathree-yearterm thatwill expire on October 28, 2012. Confirmation of the appointment has been placed on the Consent Agenda. Library Board (appointed by District) At the request of Supervisor Flora, Ms. Tobie McPhail was contacted. Ms. McPhail has expressed her willingness to serve an additional four-year term on the Library Board representing the Hollins Magisterial District. Confirmation of the appointment has been placed on the Consent Agenda. Western Virginia Regional Jail Authority (At-Large appointment) The following one-year terms expire on December 31, 2009. It was the consensus of the Board at their December 1, 2009, closed session to re-appoint each of these members to an additional one-year term. Confirmation of these appointments has been placed on the Consent Agenda. Page 1 of 2 • B. Clayton Goodman III as Alternate Administrative Official • Diane D. Hyatt at Administrative Official • Joseph B. Butch Church as Alternate Elected Representative • Michael W. Altizer as Elected Representative VOTE: Supervisor Flora moved to approve the staff recommendation. Motion Approved Yes No Absent Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Flora ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ cc: B. Clayton Goodman III, County Administrator Diane D. Hyatt, Assistant County Administrator Joseph Sgroi, Director of Human Resources Diana Rosapepe, Director of Library Services Charles I Poff Jr., Superintendent U1IVRJA Page2of2 ACTION N0. A-121509-12.c~ ITEM N0. U-8 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: December 15, 2009 Request to accept the donation of certain real estate from an affected property owner for roadway improvements to Bandy Road, Route 666, Vinton Magisterial District Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This consent agenda item involves the acceptance of the following real estate, being conveyed to the Board of Supervisors of Roanoke County, Virginia, for roadway improvements, specifically for sight distance improvements to include grading and road widening in a curve along Bandy Road, Route 666, in the Vinton Magisterial District: Donation of 0.75 acre of Roanoke County Tax Map No. 79.01-01-01.00 as shown on the plat attached hereto as "Exhibit A"; being property escheated to the Commonwealth of Virginia by deed dated October 22, 1985, of record in the Clerk's Office, Circuit Court for the County of Roanoke, Virginia, Deed Book 1228, page 286 and shown on Plat Book 7, Page 63 as unknown ownership. The property was then purchased by Vestal E. Poff in an escheat sale by the Commonwealth of Virginia. Acceptance of the aforementioned property is a necessary step in the process to complete the Revenue Sharing Project along Bandy Road, Route 666. Assuming this real estate donation is favorably accepted by the Board, this action will be followed by the Virginia Department of Transportation constructing the mentioned improvements. FISCAL IMPACT: None Page 1 of 2 ALTERNATIVES: 1. Accept the donation of real estate and authorize the County Administrator, or Assistant County Administrator, to execute such documents as may be necessary to accomplish this acceptance. 2. Take no action at this time. STAFF RECOMMENDATION: Staff recommends Alternative 1. VOTE: Supervisor Flora moved to approve the staff recommendation. Motion Approved Yes No Absent Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Flora ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Altizer ~ ^ ^ cc: Paul Mahoney, County Attorney Arnold Covey, Director of Community Development Billy Driver, Director of Real Estate Valuation Philip Thompson, Deputy Director of Planning Tarek Moneir, Deputy Director of Development Services Brian Epperley, Transportation Engineer Page2of2 ~ ~~~ R~ V ~~ Q~. \ J ~ GAP ~ Ci1~ R NpK m ~°2 -~. 2°'I „E / N~23g'~°PNpKE R SUN-~~( C ~ ,,~, / ~° , ~~"~o" ~ ~~o ~~• ~~ s~ M.B. 1 PG. 1698 ` ~ ^ M.B. 1 PG. 868 ~~' p,g• 1217 PG. 1548 Y `~~ ~~ ' ~ ~ ~~ ~^ CORPORATION LINE \ ~~ ~~ SS M.B. 1 PG. 1977 \ ` ~~1 J~ ~`~ ,~~~~ S S~, 00 ~ ~ ~~ ~~0 ~°F / / ~ 1- ~`~ \~g~ ~~0~ ~ LOT 1 6 0 ~ ~. ~~ 66 ~~ ~~ ~~°~ 's\~~~ ~ , o ~ a'° ~ 's°'~. ~ <~ M.B. 1 PG. 463 ~~'• LOT 3 •o°`~o., ~ ~ ~,•,>~ o~ ~` \ ~ 40~`~~ o~ ~ LOT 4 ~~~s0 SECTION 1 w° ~ o~• ~~'~ ~ •~~ °~ HAMPDEN HILLS PLAN # 4477 Q o ~ Q '` ~~'° w ~~ ,~~ ~~~ ° '~~; ~. P.B. 7, PG. 37 ~ ~ 0~ ~ ~' ~~~~ ~s~ °~ ~ ~~~ ~, ~~ ~~o ~ ~ Lor 5 w ~, ~ ~ ~. a n ~° ~ryM V ~b ~~ Q j~.\~6, °~^' ~~~ ~~ ~ ~ ~ ~ ~ LOT 6 ~a•~~ ~' ~ o 56~. / `~9 3 W ~ ~ ~~~ ~s~o'F ~ ,,~ ~ ^~ \ tis ~eee ~~~ ~ ~~~ Lor ~ BLOCK 4A, SECTION 3 X38' ~ `~ / HAMPDEN HILLS ES ~~2'~ S87°02'30"E A6S, ~ ~ ~ 186.15' P.B. ~, PCT. 63 ~w~ ~~ CURVE "A" CURVE "C" CURVE "E" ~~ R=422.33' R=452.00' R=385.55' Q. LOT 8 L=65.37' L=200.52' L=123.58' ~ ~ N58°39'54"W D=8'52'05" D=25'25'03" D=18'21'51" 0 0 ~ T=32.75' T=101.94' T=62.32' ,~o^,\M^o ~e 36.61' ~g ^n~ ° CH=N46°32'27°W CH=N26'30'31"E CH=N43°38'16"W ti~~ooo~~~yryao off. ~\~. ~ °~~,3~'E CHORD DIST.=65.30' CHORD DIST.=198.88' CHORD DIST.=123.05' o~¢o~ ',~ / 6~9 ~ ~~~ Qeo~~,a~a oo ~ ~ ~ CURVE ,~B» CURVE » p» R=419.16' R=180.00' .1,, ~`'~ ~a ~gti k~ \ L=16.34 L=126.37 IVORY JOSEFINA COMBS ~ ~o o ~ \ LOT 9 D=2°14'01" D=40°13'28" w ~ ~. o °~ Tax ~ ~s.Di-of-o2.o0 ~~ ,~ o ~ ~O ~orHaMP EN iLLSC 3 ~~ ~ T=8.17' T=65.91' ~ ~ ~\ ~, ,~4 CH=N52'04'35"W CH=S40'22'D7"E ~ ~ o ~ D.B. 1385, PG. 1295 2~~~ CHORD DIST.=16.34' CHORD DIST.=123.79' ~ ~~ ZONED R1 15' P U ° A~ \J \~6. 6~3 ~ 3 C E/- 2 S °j o ~~ 8s38, / w ~ N ~ N33°44'20"W ~ LOT 10 o ~;°S •.:: 7.44 ~~• •,'~A PARCEL TO BE DONATED '~ ~•• ••• .• ~ ~ ~• F 0.7338 Acres S60°32'51"E •. /' ti \ 22.80' SSAQ , ~ ~\ s ~ BQ~~ ~. ° • . o .•s°• ~ ~G ~S . ~~o ~~ i~a ooo~ ~'~~, '0~, 's ~~~ ~ti' LOT 29 EXHIBIT "A" ~ry~~ ~ o ~ PLAT SHOWING v h ~ ti~ wQ•M~o ,~ ~ s;~3o' ,• ~ PROPERTY BEING CONVEYED QJ~. ~ ~ ~ • SS~° •99° ~ ' • 0 TO M° m• ~ q ~' ~8~,., °"5,~; e.. ~ ~' ~.~ BOARD OF SUPERVISORS, ROANOKE COUNTY } , ~ ~`~ `° ~.`~ ~ ~" 7 3s23 ~' ~' ~ LOT 28 BY 0 ~ ~~ ~~ ° ° ~ VESTAL E. POFF ~ ~~, ~ ~h ~ ~~ °°' ~ o goANo h~ ~~ ~ C o~ ~~ ~ ~~ ROANOKE COUNTY TAX MAP PARCEL #79.01-01-01.00 L~ ~ ~ o ~ ~~ Z ~.~_ ~ ry L. ~ ~ '' ~, ~~ ~ SITUATED ALONG BANDY ROAD, RTE. 666 m' aim' ~' N ~6'# >s UT7I ~ S ~ ~' t~ '~ ~'~ ~~~''• •Zasp~okROB ,~ ~~ Z 4~ VINTON MAGISTERIAL DISTRICT N6~FO R~s2o~•oo~RTSON 0~ ~o s, ~, o~ ~~ ROANOKE COUNTY, VIRGINIA w W W ~~ 4~~~ ~`~ ~,`~• ', `~°. °~ SCALE: 1 "= 100' DATE: DECEMBER 15, 209 ~ ~ p~ ~368a ~ ~ s' F ~~F 1838 ~ Q Q j F' PREPARED BY ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT ~ ~V ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 15, 2009 RESOLUTION 121509-12APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM U-CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: Thatthe certain section of the agenda of the Board of Supervisorsfor December 15, 2009 designated as Item U -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8 inclusive, as follows: 1. Approval of Minutes -May 12, 2009; May 19, 2009 2. Resolution accepting Colonial Court Drive into the Virginia Department of Transportation (VDOT) Secondary Road System 3. Resolution accepting Monet Drive into the Virginia Department of Transportation (VDOT) Secondary Road System 4. Request to accept and appropriate a Local Government Challenge Grant in the amount of $5,000 from the Virginia Commission for the Arts 5. Request to accept and appropriate funds in the amount of $30,000 to Roanoke County Schools from the Commonwealth of Virginia for the nationally board certified teachers incentive 6. Request to appropriate funds in the amount of $11,352.54 for the assessment of Appalachian Power Company (APCo) negotiations 7. Confirmation of appointments to the Grievance Panel, Library Board and Western Virginia Regional Jail Authority 8. Request to accept the donation of certain real estate from an affected property owner for roadway improvements to Bandy Road, Route 666, Vinton Magisterial District Page 1 of 2 Thatthe Clerktothe Board is hereby authorized and directed where required by law to setforth upon any of said itemsthe separatevotetabulation forany such item pursuant to this resolution. ~n motion of Supervisor Flora to adopt the resolutions and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None AC~PYTESTE: ecky R. M ador Clerk to th Board of Supervisors Page 2 of 2