HomeMy WebLinkAbout7/28/2009 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF RGANGKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTYADMINISTRATION
CENTER ON TUESDAY, JULY 28, 20D9
RES~LUTIaN 072$09-1 EXPRESSING THE APPRECIATION ~F THE
BOARD ~F SIJPERVISGRS T4 ROBERT JERNIGAN, RISK MANAGER,
IJP~N H15 RETIREMENTAFTER MARE THAN TWENTY-SIX YEARS aF
SERVICE
WHEREAS, Robert Jernigan wasfirstemployed by Roanoke Countyon November
10,1982, as Chief Accountant and was promoted to Risk ManageronAugust8,1988; and
WHEREAS, Mr, Jernigan retired from Roanoke County on July 1, 2009, as Risk
Manager aftertwenty-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 Compensationsnd Safety
Compliance; and
WHEREAS, Mr. Jern~gan'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
boardsand committees including the Length of ServiceAwardsProgram BoardlVolunteer
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 netwarkir~g, became known
around the state and nation as a proud representative of Roanoke County with his many
professional afi~ilia~kions, including Safety Council of Southwest Virginia, Virginia Public Risk
Management Association, Virginia Seif Insurer's Association, National Safety Council and
National Risk Management Association; and
Page 1 of 2
1NHEREAS, throughout his ten~~re with Roanoke County, Mr. Jernigan has become
known fior his warmth, laughter and generosity and has continually displayed the highest
standards of integrity, hanar and character thereby consistently improving the quality of life
of his fellow employees and citizens.
N~U11, THEREFORE, BE IT RESOLVED thatthe Board of Supervisors of Roanoke
County, Virginia, expresses its deepestappreciationand the appreciation afthe citizensof
Roanoke County to RQBERT JERNIGAN for more than twenty-six years ofi capable, loyal
and dedicated service to Roanoke County; and
FUR'~HER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
Qn 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 CQPY TESTS:
Becky R. ador
Clerk to the Board of Supervisors
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
RESOLUTION 072809-2 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 subject to exclusion pursuant to the
provisions of subdivision 9 of Section 2.2-3705.5 of the Virginia Freedom of
Information Act.
Page 2 of 3
4. The Review Team may consist of representatives from the member }urisdictions
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 Ponce
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 Cade of Virginia, 1950
as amended.
fi. The Review Team shaft 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.
4n motion of Supervisor Church to adopt the resolution, and carried by the fallowing
recorded vote:
AYES; Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
A CaPY TESTS,
Becky R. ador
Clerk to the Board of Supervisors
cc: Joseph B, ~benshain, Senior Assistant County Attorney
J, Ray Lavinder, Chief of Police
Dr. Betty McCrary, Director of Social Services
Randy Leach, Commonwealth Attorney
Page 3 of 3
ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 28, 2009
RESOLUTION 072809-3 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 VW-C01/06-09 funds in the amount of $76,071.50 from the
Virginia Department of Health
5. Request to renew contractto provide Commonwealth'sAttorneyservices tothe
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 BuckVentures 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 by law
to set forth upon any of said items the separate vote tabulation for any such item pursuant
to this resolution.
~n 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:
Becky R. ador
Clerk to the Board of Supervisors
cc: Dan a'Donnell, Assistant CountyAdministrator
Diane D. Hyatt, Chief Financial officer
Richard E. Burch, Jr., Chief of Fire and Rescue
Paul M. Mahoney, County Attorney
Billy Driver, Director of Real Estate Valuation
Arnold Covey, Director of Community Development
Philip Thompson, Deputy Director of Planning
Tarek Moneir, Deputy Director of Development Services
Randy Leach, Commonwealth Attorney
Rebecca awens, Director of Finance
Page 2 of 2
ACTION N0. A-072809-3.a
ITEM N0. G-1
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
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 HoweJones and Joseph B. Obenshainwill continuetoserveas alternatestothe
CPMT.
Page 1 of 2
STAFF RECOMMENDATION:
Staff recommends the appointment of Ruth Ellen Kuhnel to represent the County Attorney's
Office on the Roanoke County CPMT.
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: Dan O'Donnell, Assistant County Administrator
Paul M. Mahoney, County Attorney
Page 2 of 2
ATA REGULAR MEE"PING GFTHE BGARD GF SUPERVISORS GF RCANGKE
CGUNTY, VIRGINIA, HELD AT THE RGANGKE CaUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 2$, 2009
RES4LU1'I~N 412849-3.b ACCEPTING GARRETT LANE INTO "rHE
VIRGINIA DEPAR'~MENT GF TRANSP~RTATI~N SECONDARY RGAD
SYSTEM
V1IHEREAS, 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
V1IHEREAS, 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
VIIHEREAS, 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 1T 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, Cade 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 RESGLVED, this Board guarantees a clear and ur~restricted right-
of-way, as described, and any necessary easements for cuts, fills and drainage; and
Page 1 of 2
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to
the Residency Administrator for the Virginia Department of Transportation,
Recorded Vote:
Moved by: Sa~pervisor Flora,
Seconded by: None Required
Yeas: Su ervisors Moore Church Flora McNamara Altizer
Nays: None
A Copy Teste:
Becky R. M do , Cler
Clerk to the oard of Supervisors
cc: Arnold Covey, Director, Department of Community Development
Virginia Department of Transportation
CERTIFICATION
I hereby certify that the foregoing is a true and correct copy of Resolution 072509-3.b
adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on
Tuesday, July 28, 2009.
Becky R. Meador
Clerk to the Board of Supervisors
Page2of2
ACTION N0. A-072809-3.c
ITEM N0. G-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: Richard E. Burch, Jr.
Fire and Rescue Chief
APPROVED BY: 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.
Page 1 of 2
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.
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: Richard E. Burch, Jr., Chief of Fire and Rescue
Rebecca Owens, Director of Finance
Page 2 of 2
ACTION N0. A-072809-3.d
ITEM N0. G-4
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 50150 matching grant UVV-C01106-09 funds in the
amount of $76,071.50 from the Virginia Department of Health
SUBMITTED BY: Richard E. Burch, Jr.
Chief of Fire and Rescue
APPROVED BY: 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 50150 matching grant in the amount of $55,071.50
for the purchase of one type 14-wheel drive ambulance.
2. The Virginia Department of Health, Office of Emergency Medical Services, has awarded
the Fire and Rescue Department a 50150 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 for a
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.
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: Richard E. Burch, Jr., Chief of Fire and Rescue
Rebecca Owens, Director of Finance
Page 2 of 2
ACTION N0. A-072809-3.e
ITEM N0. G-5
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: Diane D. Hyatt
Chief Financial Officer
APPROVED BY: 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,rnisdemeanors, and preliminaryhearingsoffelonycases.
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:
1. 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.
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: Diane D. Hyatt, Chief Financial Officer
Randy Leach, Commonwealth Attorney
Rebecca Owens, Director of Finance
Page 2 of 2
ACTION N0. A-072809-3.f
ITEM N0. G-6
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
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) rig ht-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 improvementsatBuckMountain 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:
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.
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
Billy Driver, Director of Real Estate Valuation
Arnold Covey, Director of Community Development
Philip Thompson, Deputy Director of Planning
Tarek Moneir, Deputy Directorof Development Services
Page 2 of 2
ACTION N0. A-072809-3._c~
ITEM N0. G-7
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 0.029 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
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 (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.
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
Billy Driver, Director of Real Estate Valuation
Arnold Covey, Director of Community Development
Philip Thompson, Deputy Director of Planning
Tarek Moneir, Deputy Director of Development Services
Page 2 of 2
ATA REGULAR MEETING QF THE BOARD 4F SUPERVISQRS QF RQANQKE
COUNTY, VIRGINIA, HELD ATTHE RQANQKE CQUNTYADMINISTRA~I~IQN
CENTER QN TUESDAY, JULY 28, 2DD9
RESOLUTION 072849-4 CERTIFYING THE CLOSED MEETING WAS
HELD INCONFORMITY 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 2.2-312 ofthe Cade of Virginia requires a certification bythe
Board of Supervisors of Roanoke County, Virginia, that such closed mee~king was
conducted inconformity with Virginia law.
NQW, THEREFQRE, BE lT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to ~khe best of each member's knowledge:
~. Qnly paablic business matters iawfullyexemptedfram open meeting requirements
by Virginia law were d iscussed in the closed meeting which this certification resolution
applies, and
2. 4nlysuch public business matters as were identified in the motion conveningthe
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
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 CQPY TESTE:
Becky R. Me or
Clerk to the Board of Supervisors