HomeMy WebLinkAbout1/25/2011 - Regularz
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Roanoke County
Board of Supervisors
Agenda
January 25, 2011
Good afternoon and welcome to our meeting for January 25, 2011. Regular meetings
are held on the second and fourth Tuesday at 3:00 p.m. Public hearings are held at
7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be
announced. The meetings are broadcast live on RVTV, Channel 3, and will be
rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Our meetings are
now closed- captioned, so it is important for everyone to speak directly into the
microphones at the podium. Individuals who require assistance or special arrangements
to participate in or attend Board of Supervisors meetings should contact the Clerk to the
Board at (540) 772 -2005 at least 48 hours in advance. Please turn all cell phones off or
place on silent.
A. OPENING CEREMONIES (3:00 p.m.)
1. Roll Call
2. Invocation: Pastor Adrian Dowell
Shiloh Baptist Church
3. Pledge of Allegiance to the United States Flag
B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF
AGENDA ITEMS
C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of the Sheriff's Office for receiving their initial Virginia Law
Enforcement Professional Standards Commission (VLEPSC) accreditation
(Michael G. Winston, Sheriff)
2. Recognition of Roanoke County's Public Information Office for receiving a
2010 MarCom Gold Award for the 2009 online Annual Progress Report
(Teresa Hamilton Hall, Director of Public Information)
3. Resolution of Appreciation to Michael S. Ruth as Outstanding Citizen for his
service to Roanoke County (Charlotte A. Moore, Vice - Chairman)
Page 1 of 5
4. Acceptance of a $20,000 grant from the Foundation for Roanoke Valley from
the Spangler Fund to purchase thermal imaging cameras for the Back Creek
and Bent Mountain Fire /Rescue Stations (Richard E. Burch, Jr., Chief of Fire
and Rescue)
D. BRIEFINGS
1. Annual update on services delivered by Blue Ridge Behavioral Healthcare
(Tim Steller, Executive Director of Blue Ridge Behavioral Healthcare)
2. Briefing to review the status of fiscal year 2011 -2012 budget development
including an overview of the proposed state budget (Brent Robertson,
Director of Management and Budget)
3. Explore Park (Fred Anderson, Chairman of the Virginia Recreational Facilities
Authority; Debbie Pitts, Explore Park Executive Director)
E. NEW BUSINESS
F. APPOINTMENTS
1. Building Code Board of Adjustments and Appeals (Fire Code Board of
Appeals)
2. Capital Improvement Program (CIP) Review Committee (appointed by
District)
3. Parks, Recreation and Tourism Commission (appointed by District)
4. Roanoke County Community Leaders Environmental Action Roundtable (RC
CLEAR) (appointed by District)
G. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE
RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION
IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY
1. Approval of minutes — January 11, 2011
2. Request to transfer $11,073 of Community Policy and Management Team
funds to Roanoke County Schools to correct a miscalculation in the amount
approved in December 2010
Page 2 of 5
3. Confirmation of appointment to the Roanoke County Community Leaders
Environmental Action Roundtable (RC CLEAR) (appointed by District)
H. REQUESTS FOR WORK SESSIONS
I. REQUESTS FOR PUBLIC HEARINGS
J. CITIZENS' COMMENTS AND COMMUNICATIONS
K. REPORTS
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Treasurer's Statement of Accountability per Investment and Portfolio Policy
as of December 31, 2010
5. Report of Claims Activity for the Self- Insurance Program
6. Statement of Budgeted and Actual Revenues as of December 31, 2010
7. Statement of Budgeted and Actual Expenditures and Encumbrances as of
December 31, 2010
8. Accounts Paid — December 2010
9. Quarterly Report — Community Development Activities
L. WORK SESSIONS
1. Work Session on Redistricting Roanoke County in 2011 (Paul M. Mahoney,
County Attorney)
2. Work Session on Stormwater Enforcement (Paul M. Mahoney, County
Attorney)
3. Work Session
to discuss
Board member Elswick's proposal to
conduct a
symposium on
III)
large and
utility Wind Energy Systems (B. Clayton
Goodman
Page 3of5
M. CLOSED MEETING, pursuant to the Code of Virginia as follows:
1. Section 2.2.3711.A.1.Personnel, namely discussion concerning appointments
to the Economic Development Authority and Roanoke Regional Airport
Commission
2. Section 2.2.3711.A.3. To discuss or consider the acquisition of real property
for public purposes, namely for library purposes, where the discussion in an
open meeting would adversely affect the bargaining position or negotiating
strategy of the County.
EVENING SESSION — 7:00 P.M.
N. CERTIFICATION RESOLUTION
O. POSTPONEMENT OF PUBLIC HEARINGS AND SECOND READINGS
THE FOLLOWING PUBLIC HEARINGS HAVE BEEN POSTPONED TO MEET
THE LEGAL NOTICE REQUIREMENTS AND THE PETITIONERS HAVE
AGREED AND THE ADJOINING PROPERTY OWNERS HAVE BEEN
NOTIFIED
1. The petition of Jatin Patel to obtain a Special Use Permit in a C -2, General
Commercial, District for the purpose of operating a convenience store and
fast food restaurant on 0.844 acre, located in the 8000 block of Plantation
Road, Hollins Magisterial District (POSTPONED UNTIL FEBRUARY 8, 2011
at 7:00 p.m.)
2. The petition of Fountain Head Land Company, LLC, to amend the Planned
Residential Development Master Plan to decrease the maximum number of
cottages, to decrease the maximum number of bedrooms in the clubhouse, to
increase the maximum number of residential lots to 110, and to reduce the
minimum lot size and road frontage for residential lots south of Pitzer Road,
and to amend a proffered condition dealing with an at -grade golf cart crossing
on Pitzer Road for Fountain Head Golf Resort (Ballyhack) which measures
approximately 375 acres, Vinton Magisterial District (POSTPONED UNTIL
FEBRUARY 8, 2011 at 7:00 p.m.)
P. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to the Mount Pleasant Rescue Squad for their fifty -three (53)
years of service (Richard E. Burch, Jr., Chief of Fire and Rescue)
Page 4 of 5
Q. PUBLIC HEARING
1. Resolution approving and adopting the recommendation of the Roanoke
County Bonding Committee to declare the developer of Old Mill Plantation
Subdivision, Section I is in default and to authorize officials of Roanoke
County to exercise its rights under the developer's Land Subdivider; and the
Erosion and Sediment Control Agreements and the accompanying Bonds,
Windsor Hills Magisterial District (Tarek Moneir, Deputy Director of
Development Services)
2. Resolution approving and adopting the recommendation of the Roanoke
County Bonding Committee to declare the developer of Old Mill Plantation
Subdivision, Section 2 is in default and to authorize officials of Roanoke
County to exercise its rights under the developer's Land Subdivider; and the
Erosion and Sediment Control Agreements and the accompanying Bonds,
Windsor Hills Magisterial District (Tarek Moneir, Deputy Director of
Development Services)
R. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Richard C. Flora
2. Eddie "Ed" Elswick
3. Charlotte A. Moore
4. Michael W. Altizer
5. Joseph B. Butch Church
S. ADJOURNMENT
Page 5 of 5
ACTION NO.
ITEM NO. C -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF RGANGKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 25, 2011
AGENDA ITEM: Recognition of the Sheriff's Office for receiving their initial
Virginia Law Enforcement Professional Standards Commission
( VLEPSC) accreditation
SUBMITTED BY: Michael G. Winston
Sheriff
APPROVED BY: B. Clayton Goodman III
County Administrator 0 0 -
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
On November 15-17, 2010, the Department underwent a voluntary assessment from the
Virginia Law Enforcement Professional Standards Commission. During the three days, the
audit team inspected the entire operation of the Sheriff's Office. The result of the
assessment was the Department was found in compliance with 181 of 187 standards. The
assessment team found that to be an exceptional "score" for an agency's initial
assessment. The innovative procedures are a testament that no matter the size of an
agency, the standards can be met according the assessment team.
On December 2, 2010, the Sheriff's Office appeared in front of the VLEPSC board. The
board was given - the report from the assessment and subsequently awarded the Sheriff's
Office with their accredited status. The Sheriff's Office now joins 83 other agencies
statewide that have the VLEPSC accreditation.
The Sheriff's Office is an elite group of three (3) that have three accreditations. These
accreditations are compromised of The Department of Corrections, American Correctional
Association and Virginia Law Enforcement Professional Standards Commission.
ACTION NO.
ITEM NO. C -2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
January 25, 2011
AGENDA ITEM:
Recognition of Roanoke County's Public Information Office for
receiving a 2010 MarCom Gold Award for the 2009 online
Annual Progress Report
SUBMITTED BY:
Teresa Hamilton Hall
Director of Public Information
APPROVED BY:
B. Clayton Goodman III
County Administrator 1*16
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
In 2010, the Public Information Office produced Roanoke County's first online annual
progress report, which highlighted the County's achievements in 2009. The report is a
valuable resource for citizens who are interested in learning more about local government.
The annual progress report was prepared by employees in the County's Public Information
Office who were dedicated to producing an online document that would tell the County's
story in a way that was interesting and easy to understand. To help achieve that goal, the
report contains a variety of photographs, graphics and text that was written in a way that
tells a story. The photos were all taken in Roanoke County — no stock images were used.
Late last year, the County was notified that the progress report had received a 2010
MarCom Gold Award. The online report was prepared by Gray Craig, Penny Lloyd and
Teresa Hamilton Hall. All three will be in attendance for the presentation.
ACTION NO.
ITEM NO. C -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
January 25, 2011
Resolution of Appreciation to Michael S. Ruth as Outstanding
Citizen for his service to Roanoke County
Deborah C. Jacks
{Clerk to the Board
B. Clayton Goodman III
County Administrator 3�
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This time has been set aside to recognize Michael Ruth for his dedication and commitment
to the community and the citizens of Roanoke County.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached resolution.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 25, 2011
RESOLUTION OF APPRECIATION TO MICHAEL S. RUTH AS
OUTSTANDING CITIZEN FOR HIS SERVICE TO ROANOKE COUNTY
WHEREAS, Michael S. Ruth has owned the Shoe Doctor of Roanoke since January
1998; and
WHEREAS, during those thirteen years has been nominated four times for the
Roanoke Regional Small Business Award; and
WHEREAS, Mr. Ruth has coached Cave Spring National Little League baseball
since 1997; and
WHEREAS, as a mentor for Roanoke County youth, Mr. Ruth performs numerous
services for the disadvantaged and was the recipient of the Principal's Award at James
Madison Middle School in 2002 for assisting disadvantaged youth and the recipient of the
James Madison Middle School Certificate of Appreciation in 2004; and
WHEREAS, when the Virginia Department of Highways announced they would no
longer mow Roanoke County medians, Mr. Ruth proceeded to adopt the median in front of
Bernard Drive to Starkey Road; progressed - from Starkey Road to Tanglewood Mall; then
continued in the other direction all the way to Oak Grove Plaza and subsequently has
mowed the medians in front of Cave Spring Road, Brambleton Avenue and Cresthill.; and
WHEREAS, by his exemplary customer service for the citizens of Roanoke County
by keeping our medians mowed and free of trash will help sustain our community as being
one of the most beautiful places to live;
WHEREAS, Mr. Ruth believes in leading by example and by showing our youth and
others that everyone can make a difference by doing their share.
Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke
County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of
Roanoke County to MICHAEL S. RUTH as Outstanding Citizen for his many significant
contributions; and
FURTHER, the Board of supervisors wishes Mr. Ruth continued success in all his
future endeavors.
Page 2 of 2
ACTION NO.
ITEM NO. C -4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
January 25, 2011
Acceptance of a $20,000 grant from the Foundation for
Roanoke Valley 'from the Spangler Fund to purchase thermal
imaging cameras for the Back Creek and Bent Mountain
Fire /Rescue Stations
Richard E. Burch, Jr.
Chief of Fire and Rescue
B. Clayton Goodman III IT County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
The Foundation for Roanoke Valley has served the Roanoke Valley and much of
southwest Virginia for more than twenty (20) years and currently administers and makes
grants from over 240 named endowment funds on behalf of the community. One of those
funds is the Jacqueline S. (Jackie) and Shelborn L. (S.L.) Spangler Fund. The Spangler
Fund is designed to make grants that benefit the communities in the Rt. 221 corridor from
Cotton Hill Road up Bent Mountain to Check in Floyd County.
The Fire and Rescue Department is gratified to receive the generous donation from the
Spangler Fund which will be used to purchase two (2) thermal imaging cameras. The Back
Creek (Station 11) and Bent Mountain (Station 8) fire /rescue stations will each receive one
of the new thermal imaging cameras. A thermal imaging camera allows firefighters to "see"
through smoke and darkness to find victims during fires by contrasting heat signatures.
FISCAL IMPACT:
The Spangler Fund will cover one hundred percent (100 %) of the cost of the two new
thermal imaging cameras along with any supporting equipment such as batteries and
charging stations.
Page 1 of 2
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends the acceptance of the $20,000.00 grant from the Spangler Fund through
the Foundation for Roanoke Valley to purchase thermal imaging cameras for the Back
Creek (Station 11) and Bent Moi�intain (Station 8) fire /rescue stations.
Page 2 of 2
ACTION NO.
ITEM NO. D -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 25, 2011
AGENDA ITEM: Annual update on services delivered by Blue Ridge Behavioral
Healthcare
SUBMITTED BY: Deborah C. Jacks
Clerk to the Board of Supervisors
APPROVED BY: B. Clayton Goodman III
County Administrator 3cyy"
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Tim Steller, Executive Director of Blue Ridge Behavioral Healthcare, has asked for time on
the agenda to provide an overview of services provided to Roanoke County residents.
ACTION NO.
ITEM NO. D -2
AT A SPECIAL M EETI NG OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,
VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 25, 2011
AGENDA ITEM:
SUBMIrIFED BY:
APPROVED BY:
Briefing to review the status of fiscal year 20 11 -20 12 budget
development including an overview of the proposed state
budget
Brent Robertson
Director of Management and Budget
B. Clayton Goodman III
County Administrator �
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY of INFORMATION:
This time has been set aside to brief the Beard of Supervisors and the public on Roanoke
County's budget development for fiscal year 2011 - 2012. The briefing will include an
overview of items included in the governor's proposed budget that may have a potential
impact to Roanoke County.
The briefing will provide overview information on budget development and the proposed
state budget. As additional information is received and processed, detailed expenditure
and revenue figures will be presented in later work sessions with the Board beginning in
February.
A planning calendar is attached outlining significant items to be covered over the winter
and spring necessary to develop and adopt the County's budget by June 2011.
County of Roanoke
Strategic Budget Calendar
Fiscal Year 2011 -2012
January 2011
1125111: Budget Briefing — Status of budget development and state budget
February 2011
• 2103111: Work Session Updated Revenue Projections: FY11 and FY12
State budget analysis; VRS update; Health Ins. Reserves
* 2122111: Work Session Debt review
0 2123111: General Assembly adjourns
• 2124111: Joint work session wl School Board (School Board offices)
Departmental budget presentations: Functional Budget Teams
March 2011
• 3108111: Work Session Adopted state budget analysis
Update on Dept. budget development (service delivery impacts)
3115111: Work Session Contributions — Human Services
3122111: Public Hearing Tax Rates
3122111: BOS Adopt Tax Rates
■ Work Session Contributions — Cultural, Tourism, other
April 2011
0 4100111: Governor's Veto Session
■ 4112/11: Proposed Budget: County Administrator
4126111: Public Hearing: Proposed Budget
May 2011
■ Appropriation Ord i nan ce 15t and 2 d Reading
ACTION NO.
ITEM NO. D -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
sU BMITrED BY:
APPROVED BY:
January 28, 2011
Explore Park
B. Clayton Goodman III
County Administrator
B. Clayton Goodman III yly
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
Chairman Anderson and I met briefly on January 18 and he asked to provide the Board of
Supervisors with a briefing regarding the status of Explore Park and its relationship with
"Along Yet Not Alone" film. Chairman Anderson and Debbie Pitts, Explore Park Executive
Director, will be present to provide this briefing.
SUMMARY OF INFORMATION:
Fred Anderson, Chairman of - the Virginia Recreational Facilities Authority, will present the
economic impact report on the "Alone Yet Not Alone" feature - length motion
picture production that happened at Explore Park from July 28, 2010 through November
19, 2010. The report was prepared by the Virginia Film Office and presented to the VRFA
on January 18 by Andy Edmunds, Location Manager for the Virginia Film Office. While this
project benefited Explore Park directly with many tangible improvements, it also had a
significant economic impact on our region with 250 local hires, 1 7,040 room nights in local
hotels, and 43 shooting days in Virginia with 39 of those at Explore Park. The total
economic impact to our region was $3,730,159 which is the actual spending by the
producer times the industry standard 1.8 multiplier.
"Alone Yet Not Alone LLC" is currently leasing Explore Park to hold the film sets through
May 31, 2011 in the event they need to return for reshoots this spring. If they do return the
region will once again benefit from the project, but not to the extent realized during the
primary production phase.
ACTION NO.
ITEM NO. F -1 -4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
January 25, 2011
AGENDA ITEM:
Appointments to Committees, Commissions and Boards
SUBMITTED BY:
Deborah C. Jacks
Deputy Clerk to the Board
APPROVED BY:
B. Clayton Goodman III
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals)
➢ The four -year term of Wilmore T. Leffell expired on December 12, 2010.
2. Capital Improvement Program (CIP) Review Committee (appointed by District)
The following one -year terms expired on August 31, 2010:
➢ Brian Hooker representing the Catawba Magisterial District (not eligible for
reappointment as maximum number of terms served)
➢ Wes Thompson representing the Windsor Hills Magisterial District (resigned due to
health)
3. Parks, Recreation and Tourism Commission (appointed by District)
➢ Tim Guilliams, who represents the Vinton Magisterial District, has resigned. His
three -year term will expire on June 30, 2013.
Page 1 of 2
4. Roanoke County Community Leaders Environmental Action Roundtable (RC
CLEAR) (appointed by District)
➢ Ruth Deibler, who represented the Vinton Magisterial District, has moved from the
area and is no longer serving on RC -CLEAR
➢ Renee Goddard, who represents the Hollins Magisterial District has advised she no
longer will be able to serve on this committee
➢ David Wymer, who represents the Catawba Magisterial District, term has expired.
Supervisor Church has reappointed Mr. Weimer to an additional three year term
which will expire in August of 2013. Confirmation of this appointment has been
placed on the Consent Agenda
Page 2 of 2
lam'
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 25, 2011
RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET
FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM G- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of - the agenda of the Board of Supervisors for January 25,
2011, designated as Item Consent Agenda be, and hereby is, approved and concurred in
as to each item separately set forth in said section designated Items 1 through 3 inclusive,
as follows:
1. Approval of minutes — January 11, 2011
2. Request to transfer $11,073 of Community Policy and Management Team
funds to Roanoke County Schools to correct a miscalculation in the amount
approved in December 2010
3. Confirmation of appointment to the Roanoke County Community Leaders
Environmental Action Roundtable (RC CLEAR) (appointed by District)
ACTION NO.
ITEM NO. G -2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
January 25, 2011
Request to transfer $11,073 of Community Policy and
Management Team funds to Roanoke County Schools to
correct a miscalculation in the amount approved in December
2010
Daniel R. O'Donnell
Assistant County Administrator
B. Clayton Goodman III,,,
County Administrator �
COUNTY ADMINIs'rRATOWS COMMENTS:
SUMMARY OF INFORMATION:
On December 14, 2010, the Board of Supervisors approved a transfer of local Community
Policy and Management Team (CPMT) funds in the amount of $175,300 to Roanoke
County Schools to continue school based counseling programs for the remainder of the
school year. This was necessary as the Virginia Department of Education and Office of
Comprehensive Services declared that these services were no longer eligible for state
reimbursement. After this fiscal year, the responsibility for these programs will become
solely a school responsibility.
During the transfer of the contracts it was discovered that one case was omitted from the
calculations. The additional cost for this case is $11,073. It is staff's recommendation to
transfer this additional sum to the school board to make them whole for this fiscal year as
originally agreed upon.
Page 1 of 2
FISCAL IMPACT
The $11,073 will come from budgeted local CPMT funds. Despite this transfer there is a
projected small surplus in this year's CPMT budget. Therefore, there is no significant fiscal
impact to the County.
RECOMMENDATION
Staff recommends - the transfer of $11,073 from local CPMT funds to Roanoke County
Schools to complete - the transition of school based programs from the CPMT to the
schools.
Page 2 of 2
ACTION NO.
ITEM NO. G -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 25, 2011
AGENDA ITEM: Confirmation of appointments to the Roanoke County
Community Leaders Environmental Action Roundtable (RC
CLEAR) (appointed by District)
SUBMITTED BY: Deborah C. Jacks
Clerk to the Board
APPROVED BY: B. Clayton Goodman III
County Administrator
COUNTY ADMINIS'TRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Joseph B. "Butch" Church has appointed David wymer to represent the Catawba
Magisterial District to an additional three -year term which will expire on August 31, 2013.
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Audited balance at June 30, 2010
Addition of 2009 - operations
Amount
K -1
% of General
Fund Revenue
$ 19,959 10.89 *
213,190
Balance at January 25, 2011 $ 20,172,318 10.84% **
Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General
Fund Unappropriated Balance incrementally over several years.
* 2009 - a range of 9.5 % 10.5% of General Fund Revenues
2009 - 10 General Fund Revenues $188,758,559
9.5% of General Fund Revenues $17,741,872
10.5% of General Fund Revenues $19,909,438
** 2010 -11 a range of 10.0% -11.0 % of General Fund Revenues
2010 -11 General Fund Revenues $189,818,185
10.0 % of General Fund Revenues $18,901,819
11.0 % of General Fund Revenues $20,858,000
The Unappropriated Fund Balance of the County is currently maintained at 10.04% which is within the
range of our goal for 2010 -11. The County's goal is to increase the balance over time to 11.0%
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton Goodman III
County Administrator 8�
K -2
COUNTY OF ROANOKE, VIRGINIA
CAPITAL RESERVES
Minor County Capital Reserve
(Projects not in the CIP, architectural /engineering services, and other one -time expenditures.)
Audited balance at June 30, 2010
Addition of 2009 -10 operations
September 28, 2010 Appropriation for option on 5755 Crystal Creek Drive
December 14, 2010 Appropriation to purchase one fire vehicle
December 14, 2010 Appropriation to replace the Walrend Park ball field lights
December 14, 2010 Appropriation to terminate agreement for Jack Smith Industrial Park
Amount
December 14, 2010 Appropriation to purchase property and house at 5755 Crystal Creek D
$1,400,233.20
2, 075, 577.00
(6
(82,847.00)
(150,000.00)
(382,632.72)
(60,000.00)
Balance at January 25, 2011 $2,794
Major County Capital Reserve
(Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.)
Unaudited balance at June 30, 2010 $853,539.00
Balance at January 25, 2011
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton Goodman III
County Administrator W')--
$8833539.00
K -3
RESERVE FOR BOARD CONTINGENCY
COUNTY OF ROANOKE, VIRGINIA
Amount
From 2010 -2011 Original Budget $100,000.00
July 13, 2010 Appropriation for Legislative Liaison (24,000.00)
December 14, 2010 Appropriation for Special Election January 11, 2011 (19,520.00)
January 11, 2011 Appropriation for additional audit fees (8
Balance at January 25, 2011 $ 48,262.50
Submitted By Rebecca E. Owens
Director of Finance
Approved By B. Clayton Goodman III
County Administrator
ACTION NO.
ITEM NUMBER K -4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA
HELD AT THE RoANoKE COUNTY ADMINISTRATION CENTER.
MEETING DATE: January 25, 2011
AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of
December 31, 2010.
SUMMARY OF INFORMATION:
CASH INVESTMENT:
SUNTRUST CON 7 7,878,885.27
GOVERNMENT:
SMITH BARNEY CONTRA
148,155.38
SMITH BARNEY
70
WELLS FARGO
12
WELLS FARGO CONTRA
0.00 84
LOCAL GOVT INVESTMENT POOL:
8 34,497
GENERAL OPERATION
17,092 17
CD:
BRANCH BANKING & TRUST
2 2
MONEY MARKET:
BRANCH BANKING & TRUST
1,075,144.43
MORGAN STANLEY - JAIL
1,100
SMITH BARIVEY
25
S fELLAR ONE
1,034,820.52
WELLS FARGO
8 34,497
TOTAL 145,328,484.18
01/10/2011
ACTION NO.
ITEM NO. K -5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
January 25, 2911
Report of Claims Activity for the Self- insurance Program
Donald R. Karnes
Risk Manager
B. Clayton Goodman, III
County Administrator 'iv
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFGRmxnON:
In accordance with the Self- Insurance Program, Ordinance 0- 061494 -6, Section 2 -86.C,
attached is the Fiscal Year to Date claims activity report including the Second Quarter that
ended December 31, 2010. Attachment A — Auto, Attachment B — General Liability.
FISCAL IMPACT:
None
ALTERNATIVES:
STAFF RECOMMENDATION:
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ACTION NO.
January 25, 2611
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
Accou Paid — December 2010
Rebecca E. Owens
Director of Finance
ITEM NO. K -8
B. Clayton Goodman III
County Administrator a�
COUNTY ADMINIST'RATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Direct Deposit
Checks
Total
Payments to Vendors $ - $ - $ 4 6.78
Payroll 12/1 6/16 1 114, 864.75 1,157, 239.66
Payroll 12/23/16 1 66 112,158.47 1
Manual Checks - 1 1,192.73
Grand Total $ 6
A detailed listing of the payments is on file with the Clerk to the Board of Supervisors.
ACTION NO.
ITEM NO. K -9
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
January 25, 2011
Quarterly Report — Community Development Activities
Tarek Moneir
Deputy Director of Development Services
B. Clayton Goodman III
County Administrator ZRJ-
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
Attached is a summary report of Community Development Activities for the second quarter
of 2010-2011. The statistics in - the attached spreadsheet represent monthly stats of
various activities in community development. It compares the average of the second three
months of the fiscal year 2011 with the total average of last year's inspections and plan
reviews performed by Staff. we also included stats of zoning inspections, business
licenses, complaints and other code compliance.
You will note that some of these stats are reported as "NA" for not available indicating that
we cannot collect such data on a monthly basis due to the complexity of the process.
This report is only for information and does not require any board action.
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ACTION NO.
ITEM NO. L - 1 �k✓
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
January 25, 2011
Work Session on Redistricting Roanoke County in 2011
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This work session will provide - the Board of Supervisors with preliminary information to
assist it in the redistricting process.
Article VII, Section 5 of the constitution of the Commonwealth of Virginia requires the
Board to reapportion the representation in the governing body among the districts in
proportion to the population based upon the decennial census. This redistricting must be
completed for the November 8 2011 elections.
Attached to this report is a brief outline of the legal standards and requirements for this
redistricting process and a recommended timetable for completing this work. Ms. Stokes
will be available to answer any questions concerning electoral matters.
We are advised that the Census Bureau will distribute population data to localities to begin
this process sometime in February. In anticipation of the receipt of this data, we
recommend that the Board consider the following actions:
1. Appoint Registrar Judy Stokes, Director of Planning and Zoning Philip Thompson,
and County Attorney Paul Mahoney as a Redistricting Committee to prepare one or
more redistricting options for Board consideration.
2. Approve the timetable for future actions.
3. Authorize scheduling a public hearing on February 22, 2011 to secure citizen
Page 1 of 2
comment on the adoption of policies and procedures to guide the redistricting
process, and consider adopting a Resolution at that meeting or a subsequent
meeting establishing such policies and procedures. (A copy of the Resolution
adopted by the Board in 2001 is attached for your review.)
4. Direct the County Attorney to publish notices of this public hearing in the Roanoke
Times & World News, the Vinton Messenger, and the Tribune, and on the Internet
seeking public comments on these policies and procedures from all County citizens,
and to direct specific notices to the various neighborhood and civic associations, the
Democratic and Republican parties, the League of Women Voters, the NAACP and
other interested or effected ethnic groups and minorities.
Finally, there is a scheduling problem. Primary elections are now scheduled for June 14,
2011 (Sec. 24.2 - 515.1). Absentee ballots for these elections must be mailed to voters as
early as 45 days prior to that election. Before these ballots can be prepared and mailed,
the General Assembly and most county governments will need to receive federal
preclearance for their reapportionment plans. The preclearance process ordinarily takes at
least 00 days. There is not enough time to perform all of the required tasks and still
conduct primary elections in June.
Likewise, the numerous steps required for elections prevent moving primary elections too
close to the November general elections. It appears that the June primary elections should
be rescheduled to August 10 or 23, 2011. The 2000 session of the General Assembly
identified similar scheduling problems and rescheduled the 2001 primary elections. The
2011 session will have to address this issue as emergency legislation to delay the June
primary elections until August.
Page 2 of 2
112512011
POLICIES AND PROCEDURES TO GUIDE THE REDISTRICTING PROCESS
ROANOKE COUNTY, VIRGINIA
ARTICLE VII, SECTION 5, CONSTITUTION OF VIRGINIA
➢ Election districts shall be composed of compact and contiguous territory
➢ "to give as nearly as is practicable representation in proportion to the population of the district"
( "one person — one vote"}
TITLE 15.2, CHAPTER 14 AND TITLE 24.2, CHAPTER 3
➢ Governing body consists of between 3 and 11 members
➢ Use of most recent decennial census data
➢ Authorizes the use of single- member districts, multi - member districts, and at -large districts, and
combinations of these types of districts
➢ Localities authorized to expend local funds for redistricting
➢ Redistricting ordinance and map must be recorded in the official minutes of the governing body
EFFECTIVE DATE
➢ Take effect immediately (for the November 2011 elections)
➢ Members of the governing body in office "shall complete their terms of office." Sec. 24.2-311)
"CLEARLY OBSERVABLE BOUNDARY" (SEC. 24.2 -3015)
➢ Any names road or street
➢ Any road or highway part of the federal, state primary, or state secondary road system
➢ Any river, stream, or drainage feature 40 feet or more in width
➢ Any other natural or constructed or erected permanent physical feature shown on official county,
city or town map issued by the State Department of Transportation or on USGS topographical
map or on TIGER/line files from the U.S. Census Bureau
No property line or subdivision boundary shall be used as a precinct boundary unless it appears as
a block boundary on Census map
➢ Each election district and precinct "shall be composed of compact and contiguous territory and
shall have clearly defined observable boundaries."
PRECINCTS (SECS. 24.2 -3017, 24.2 -310, AND 24.2 - 310.1)
➢ Governing body shall establish as many precincts as it deems necessary
➢ Not less than 100 nor more than 5,000 qualified voters per precinct
➢ Composed as nearly as practicable of contiguous and compact areas having clearly defined and
clearly observable boundaries
➢ Polling place shall be located within the precinct or within 1,500 yards of the boundary
➢ Polling places shall be located in public buildings whenever practicable
➢ Polling places must be accessible to the handicapped and elderly voters
Page 1 of 4
Equal representation
-i- Measured by population per representative
4- Equal Protection Clause of the 14 Amendment
4- "one person -one vote"
4- "overriding objective must be substantial equality of population among the various
districts"
4- "substantial" equality is not exact equality, case law has developed statistical
measures of equality and guidelines on what departure or "deviation" from exact
equality is permissible; a total deviation of under 10% is presumed valid
Votings Rights Act
Redistricting plans cannot result in the dilution of minority voting strength
15 Amendment guarantees that the right to vote cannot be abridged on account of
race
14 Amendment protects minority voting rights
4- Voting Rights Act implements and expands on these constitutional guarantees
4- Section 5 — Preclearance
■ Each redistricting plan, precinct revision, and polling place change must be
submitted to the Department of Justice and precleared before it can be put into
effect to conduct an election.
■ Legal standard to prove compliance: that the change "does not have the purpose
and will not have the effect of denying or abridging the right to vote on account
of race or color."
4- Section 2 — results test
■ In a court challenge to a voting law or practice, the court determines whether the
plaintiffs have an equal opportunity "to participate in the political process and to
elect representatives of their choice."
■ Is the minority group sufficiently large and geographically compact to
constitute a majority in single- member district
■ Is the minority group politically cohesive
■ Does white majority vote as a bloc to defeat the minority's preferred
candidate?
Roanoke County was granted its "bail -out" petition (exemption from the Section 4(a)
pre - clearance requirement of the Voting Rights Act) by the special three judge
federal district court in January of 2001.
Page 2 of 4
➢ "Traditional Redistricting Principles"
4- Compactness
4- Contiguity
4- Preservation of Existing Districts
4- Incumbency
4- Voting Behavior
4- Protection or enhancement of communities of interest
4- Population Equalization
4- Partisan Voting Behavior
� Avoiding Retrogression
GUIDELINES FOR ROANOKE COUNTY
➢ 5 single- member districts
4- Explore options, including
• Creation of an at -large district for the election of a chairman
• Expand the number of members of the Board
4- Town of Vinton should be contained entirely within one district
4- Equal population — each district will have equal population based upon the 2010 Census, with
no more than a plus /minus 5 deviation between districts
Compact and contiguous — districts should be compact and contiguous, unusual elongations
or irregularity of boundaries should be avoided
4- Clearly observable boundaries — clearly definable and distinguishable boundaries such as
streets, rivers, streams, drainage features, or other permanent physical features shown on
official maps
Communities of interest — districts should reflect "communities of interest" taking into
consideration rural, suburban and urban interests, as well as income and neighborhood
characteristics; attempt to conform high school attendance zones with election districts
4- Minority representation — identify and locate racial or language minorities for establishing
districts
4- Roanoke County redistricting plan shall be prepared by Roanoke County Registrar, Director
of Planning, and County Attorney.
TIMETABLE
➢ February, 2011 Notification to neighborhood associations, minority groups, and citizens
of the redistricting process and timetable.
➢ February 22, 2011 Public hearing on policies and procedures to guide the redistricting
process
Page 3 of 4
➢ February 22, 2011 Board of Supervisors adopt resolution on policies and procedures to
guide the redistricting process
➢ February, 2011 Receipt of 2010 Census data
➢ March 22, 2011 Work session with Board of Supervisors on alternative redistricting plans
➢ April 12, 2011 1" reading on redistricting ordinance
➢ April 26, 2011 2 nd reading and public hearing on redistricting ordinance
Page 4of4
r
i
k
i
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, MARCH 1 3, 2001
RESOLUTION 031301 -2.t ADOPTING GUIDELINES FOR THE 2001
REDISTRICTING OF ROANOKE COUNTY, VIRGINIA
WHEREAS, on February 27, 2001, the Board of Supervisors of Roanoke county
held a public hearing to receive public comments on developing guidelines for the
redistricting of Roanoke county in accordance with the decennial census; and
WHEREAS, notice of this public hearing was published in the Roanoke Times and
World News, the Salem Times Register, the Vinton Messenger, and the Roanoke Tribune;
and written notice was sent to numerous civic organizations; and
WHEREAS, the Board of Supervisors finds that the following procedures shall guide
the 2001 redistricting process.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County as follows:
1. That Roanoke county shall continue to be divided into five single- member
election districts; and
2. That the Town of Vinton should be contained entirely within one district; and
3. That each district will have equal population based upon the 2000 census,
with no more than a plus /minus 5% deviation between districts; and
4. That each district should be compact and contiguous, unusual elongations
or irregularity of boundaries should be avoided; and
5. That each district shall be identified by clearly definable and distinguishable
boundaries such as streets, rivers, streams, drainage features, or other permanent physical
1
features shown on official maps; and
6. That districts should reflect "communities of interest" taking into consideration
rural, SUburban and urban interests, as well as income and neighborhood characteristics;
and
7. That the location of racial or language minorities should be identified for the
purpose of establishing districts; and
8. That one or more Roanoke County redistricting plans shall be prepared by
Roanoke County Registrar Diane St.John, County Planner Terry Harrington, and County
Attorney Paul Mahoney.
g. That this resolution shall be effective from and after the date of its adoption.
On motion of Supervisor Minnix to adopt the resolution, and carried by the following
recorded vote:
AYES: Supervisors Johnson, Church, Nickens, Minnix
NAYS: None
ABSENT: supervisor McNamara
A COPY TESTS:
Mary H. Alle , cMc
Clerk to the Board of Supervisors
cc: File
Paul M. Mahoney, county Attorney
Diane St. ,John, County Registrar
Terry Harrington, County Planner
G:1 COMMON Warch131 resolution. wpd �
ACTION NO.
ITEM NO. L -2 ec4
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:
January 25, 2919
Work Session on Stormwater Enforcement
Paul M. Mahoney
County Attorney
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This work session is - the first of two work sessions on enforcement of Roanoke County's
storm water ordinance. This work session will review the recent history of this
enforcement requirement, statistics identifying both the successes and areas requiring
additional efforts, and citizen education and information initiatives. A second work
session in February will discuss the various alternatives to the costs of compliance and
future enforcement actions.
The Board of supervisors adopted the first stormwater management regulations in
1999, largely as a result of the damages from the flood of 1985. Detention facilities for
stormwater quantity became required for any new development in the County. In 2008,
due to Federal and State requirements from the Federal Clean Water Act, the Board
adopted a new stormwater management ordinance that added regulations for
stormwater quality as well as quantity. Roanoke County has a permit (MS4) from the
Virginia Department of Conservation and Recreation that requires us to ensure that all
stormwater facilities for quantity and quality are appropriately inspected, maintained,
and reported. Since the inception of the new code, staff has been actively pursuing
compliance with the regulations.
Staff has identified 552 commercial, institutional and residential storm water
management facilities, and inspected 115 facilities since January 2010. Routine
inspections of storm water management facilities ensure that all facilities are adequately
maintained and functioning properly. The proper function of these facilities is critical for
flood protection, erosion prevention and water quality. 41 of these facilities were
deemed "adequate ", and 75 (or 54.67% of total facilities inspected) were "inadequate ".
Page 1 of 2
Facilities are deemed "inadequate" based upon objective criteria and generally are the
result of a failure to perform routine maintenance.
Staff performs a routine inspection. Based upon that inspection staff sends an
inspection report to the facility owner listing items in need of maintenance. The typical
problems are vegetation, high grass and overgrown trees blocking inflow channels,
outfall structures, emergency spillways and outfall pipes. Waste and debris often clogs
outfall pipes. Trees growing in the embankments will destabilize the embankment.
Owners are responsible for maintenance and are given 93 days to complete the
identified maintenance needs. If the owner indicates a willingness to commence
corrective measures and work begins, then extensions of time are routinely granted.
Only 28 or 3 7.33% of inadequate facilities have been returned to compliance.
Upon re- inspection if the required maintenance items or deficiencies are not corrected,
a second follow -up letter is sent. If no corrective actions are taken, then a notice of
violation is sent, giving the owner an additional 33 days to complete the required work.
Persons violating the storm water ordinance are subject to civil and criminal penalties.
The County may also bring a civil action to recover costs necessary to abate water
quality and public safety concerns arising from a violation.
Unfortunately too many residential property owners in homeowners associations (HOA)
are unaware of their obligations to maintain the storm water facilities benefitting their
developments. Awell- maintained and properly functioning storm water facility protects
not only their property but also their neighbor's property.
STAFF RECOMMENDATION:
County staff will provide information about the storm water ordinance and the required
maintenance obligations of owners at the quarterly civic league meeting on February 7,
2311. Over the past 5 years the County has published informational materials
summarizing the obligations of HOAs, published these materials in the REConnection
Magazine, published a booklet "Maintaining Your Stormwater Pond or BMP ", a
"Practical Guide for Private Owners of Stormwater Facilities in Roanoke County,
Virginia", and - filmed RVTV episodes on this topic.
Purchasers of lots in developments with HOAs and storm water management facilities
are provided information at the real estate closing with respect to their obligations as
members of the HOA. Staff has provided copies of these publications to homeowners at
Roanoke Valley home shows, at Clean Valley Day, and to numerous HOAs.
Page 2of2
ACTION NO.
ITEM NO. L -3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETI DATE: January 25, 2011
AGENDA ITEM: Work session to discuss Board member Elswick's proposal to
conduct a symposium on large and utility Wind Energy
Systems
SUBMITTED BY: B. Clayton Goodman III
County Administrator
APPROVED BY: B. Clayton Goodman III
. r 6�
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
Board member Elswick discussed at the January 11, 2011, Board of Supervisor's meeting
his proposal to conduct a symposium to hear from all interested parties information on the
County's proposed ordinance regarding large and utility size Wind Energy Systems. The
matter was briefly discussed, but no action was taken.
Mr. Elswick has requested - this work session for the purpose to discuss conducting the
symposium as he has requested.
N
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRAI "ION
CENTER ON TUESDAY, JANUARY 25, 2011
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2 -3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each member's knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia law were discussed in the closed meeting which this certification resolution
applies; and
2. Only such public business matters as were identified in the motion convening the
closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
ACTION No.
ITEM No. P -1
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF RoANoKE
COUNTY, VIRGINIA HELD AT THE RoANoKE COUNTY ADMINISTRATION CENTER
MEETING DATE: January 25, 2011
AGENDA ITEM: Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to the Mount Pleasant Rescue
Squad for their fifty -three (53) years of service
SUBMITTED BY: Richard E. Burch, Jr.
Ch ief of Fire and Rescue
APPROVED BY: B. Clayton Goodman III
County Administrator �-�
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMAnON:
After fifty -three (53) years of dedicated service to the community, the Mount Pleasant First
Aid Crew is dissolving its organization. Citing increased call volume, greater training
requirements and diminishing volunteers as the primary challenges, crew officials have
said it is now too difficult to commit to providing the high quality of emergency medical
services (EMS) the community has come to expect.
Richard E. Burch, Jr., Chief of Roanoke County Fire and Rescue has assured the Mount
Pleasant community that they will see no change in services as career personnel have
been assigned to this station for years to supplement volunteer services. The Mount
Pleasant Public Safety Building # 6 has around — the -clock career personnel who are trained
in EMS and firefighting.
The Mount Pleasant First Aid Crew was formed in 1956 by a handful of members who lived
in the community and saw a need for a local rescue squad since the closest ambulance
service was located in downtown Roanoke at the time. The first ambulance was an old
army surplus vehicle that needed to be jump - started each time there was a call for service.
As time passed and funds were raised, the army ambulance was replaced with a 1964
Buick station wagon, and then a 1969 Carryall 4 -wheel drive was added to the fleet. Soon
after, a 1972 GMC Step Van that was made into a crash truck was added to the fleet and
was later nick -named "The Bread Truck ".
Page 1 of 2
The first aid crew was originally housed in the basement of Wade and Ruth Garman's
community grocery store across from the Mount Pleasant Baptist Church on Mount
Pleasant Boulevard. In the early 1970's, land was donated by Mrs. Irene Robertson to build
a new public safety building for the Mount Pleasant community. In 1973, the first aid crew
and Mount Pleasant Fire Department moved into what is now known as the Mount
Pleasant Public Safety Building # 6 on Jae Valley Road.
In the beginning, the dispatching of calls was completed by telephone. In the 1960's, the
Plectron, a specialized single - channel, emergency alerting radio receiver was used to notify
volunteers of a call for service, along with an air -raid siren located atop of the old fire
house. The siren was activated by Wade and Ruth Garman or Gene and Betty Wagner,
depending on who was home at the time of the call. The siren blew once for a rescue call
and five times for a fire call. As technology advanced, portable radios pagers were
implemented to receive emergency call information and are still in use today.
Over the past decades, the Mount Pleasant community has grown significantly causing an
increased demand for emergency medical services. The first aid crew has battled with the
increased call volume as well as the challenge to not only obtain initial certification, but to
maintain those certifications every four years. Answering calls and maintaining
certifications are just two components of managing a volunteer EMS organization. The
administrative demands have also put a strain on the 14 member squad as well. For these
reasons, career personnel have been in place for several years to supplement the
volunteer emergency services at the Mount Pleasant Fire & Rescue Station. Career
personnel will remain assigned to the Mount Pleasant station ready and available for EMS
calls around - the - clock.
Members of the Mount Pleasant First Aid Crew will spend the next several weeks working
with county officials to close out business. All assets of the Mount Pleasant First Aid Crew,
including donation money raised over the years, will be presented to Roanoke County Fire
& Rescue to supplement emergency medical equipment in the Mount Pleasant community.
A new fully equipped ambulance will soon be ordered for the station, paid for by MOLInt
Pleasant First Aid crew assets.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached resolution.
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, JANUARY 25, 2011
RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY TO MOUNT PLEASANT
RESCUE SQUAD FOR THEIR FIFTY -THREE (53) YEARS OF SERVICE
WHEREAS, the Mount Pleasant First Aid Crew was formed in 1958 by a handful of
members who lived in the community and saw a need for a local rescue squad; and
WHEREAS, the first ambulance was an old army surplus vehicle that needed to be
jump- started each time there was a call for service; and
WHEREAS, the original first aid crew was housed in the basement of wade and
Ruth Garman's community grocery store across from - the Mount Pleasant Baptist church
and
WHEREAS, in the early 1970's land was donated by Mrs. Irene Robertson to build a
new public safety building for the Mount Pleasant community and in 1973 the first aid crew
moved into what is now known at the Mount Pleasant Public Safety Building Number Six
on Jae Valley Road; and
WHEREAS, after fifty -three years of dedicated service to - the community, the Mount
Pleasant First Aid crew is dissolving its organization due to increased call volumes, greater
training requirements and diminishing volunteers; and
WHEREAS, the Crew have stated that it is now too difficult to commit to providing
the high quality of emergency medical services the community has come to expect.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, does hereby extend its sincere appreciation to MOUNT PLEASANT
RESCUE SQUAD for the many years of commitment and devotion to the safety and well
Page 1 of 2
being of our community and its citizens; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes
to each and every crew member for the future.
Page 2 of 2
ACTION NO.
I TEM NO. Q -1
AT A REGULAR MEETIIIIG OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
APPROVED BY:
January 25, 2010
Resolution approving and adopting the recommendation of the
Roanoke County Bonding Committee to declare the developer
of Old Mill Plantation Subdivision, Section I is in default and to
authorize officials of Roanoke County to exercise its rights
under the developer's Land Subdivider; and the Erosion and
Sediment Control Agreements and the accompanying Bonds,
Windsor Hills Magisterial District
Tarek Moneir
Deputy Director of Development Services
B. Clayton Goodman III
County Administrator Wy'�'
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
An Erosion and Sediment Control Agreement dated August 1 0, 2004, was executed for Old
Mill Plantation and the developer submitted an Irrevocable Standby Letter of Credit as
surety for this development signed by Valley Bank of Virginia of $74,646.00.
On September 5, 2005, Community Development approved subdivision plans for Vaughn &
Jackson LLC (Developer), a Virginia corporation to develop Old Mill Plantation Section I in
Roanoke County. The developer signed a Land Subdivider's Agreement with the County
(dated December 9, 2005), and was granted approval to subdivide the land, and to record
a Plat of a subdivision to be known as Old Mill Plantation (Section 1). An Irrevocable
Standby Letter of Credit of $1,327,230.00 was provided by Valley Bank of Virginia for the
said development.
The Developer agreed that measures for the control of siltation, erosion and all
improvements to the land within the said subdivision would be properly and satisfactorily
Page 1 of 2
provided, installed and completed as provided for on the approved plans. The Developer
proceeded with the development as approved. Some improvements have taken place, but
the subdivision remains incomplete with several outstanding erosion and sediment control
(E & SC) measures to be corrected. The staffs completed the assessment of the
remaining outstanding items and believe that the remaining bonded amounts would cover
expenses associated to complete development.
On February 20, 2007 and November 20, 2007, Community Development staff also
approved two consecutive partial releases of the Erosion and Sediment Control surety with
the County of Roanoke retaining $17,911.50. On February 20, 2007 and December 20,
2007, Community Development staff approved two consecutive partial releases of the
Land Subdivider surety for the completion of portion of the physical improvements with the
County of Roanoke retaining $390,877.58.
A Notice of Trustees' Sale appeared in the local newspaper scheduled for December 23,
2010, for thirty -six (38) parcels of said subdivision. The Community Development Staff
presented these facts to the Bonding Committee at its December 15, 2010, meeting. The
Bonding Committee reviewed the development, considered the facts and voted to
recommend that the Land Subdivider's Agreement and the Erosion and Sediment Control
Agreement of Old Mill Plantation are in default. Letters were sent to the developer and
Valley Bank via certified mail notifying them of their right to appear before the Board of
Supervisors to address the Bonding Committee's recommendation.
FISCAL IMPACT:
The cost of completing the remaining subdivision construction and stabilizing (E &SC)
measures of the development are anticipated to be covered by the funds on credit with the
surety guaranteed by Valley Bank for this project.
ALTERNA7riVES:
I. The Bonding Committee recommends that the Board of Supervisors:
a. Formally declare that the developer is in default of his agreements (Land Subdivider
and Erosion and Sediment Control) with the County of Roanoke; and
b. Authorize the staff to spend these funds for completion of the needed remaining
improvements of the project.
II. Reject the Bonding Committee recommendation.
STAFF RECOMMENDATION:
Staff recommends that the Board approve option I.
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, JANUARY 25, 2911
RESOLUTION APPROVING AND ADOPTING THE
RECOMMENDATION OF THE ROANOKE COUNTY BONDING
COMMITTEE TO DECLARE THE DEVELOPER OF OLD MILL
PLANTATION SUBDIVISION, SECTION I, TO BE IN DEFAULT AND TO
AUTHORIZE OFFICIALS OF ROANOKE COUNTY TO EXERCISE ITS
RIGHTS UNDER THE DEVELOPER'S LAND SUBDIVIDER AND
EROSION AND SEDIMENT CONTROL AGREEMENTS AND THE
ACCOMPANYING IRREVOCABLE LETTERS OF CREDIT
WHEREAS, Vaughn & Jackson LLC, a Virginia limited liability company
(hereafter "Developer "), as developers of Old Mill Plantation Subdivision, Section I,
(hereafter Old Mill, Sec. 1) in the Windsor Hills Magisterial District of Roanoke County,
on or about August 10, 2004, entered into an Erosion and Sediment Control Agreement
(hereafter "E & S Agreement ") with the County of Roanoke and provided an irrevocable
Letter of Credit issued by Valley Bank in the amount of $74,646 to insure the
construction and maintenance of certain erosion and sediment control facilities in
connection with the development of Old Mill, Sec I; and
WHEREAS, the Developer subsequently, on or about December 9, 2005,
entered into a Land Subdivider's Agreement with the County of Roanoke and was
granted approval to subdivide a portion of the Developer's property and to record a plat
of subdivision for the development to be known as Old Mill, Sec I, and provided an
irrevocable Letter of Credit issued by Valley Bank in the amount of $ 1,327,239 to insure
the construction, completion and maintenance of improvements to the land; and
WHEREAS, Developer has partially complied with its legal responsibilities under
the aforesaid E & S and Land Subdivider's Agreements and Roanoke County officials
have authorized two partial releases of the E & S Letter of Credit but a balance of
$17,911.50 remains on deposit with Valley Bank to secure the completion of the
requirement under the E & S Agreement, and likewise, have authorized two partial
releases of - the Land Subdivider's Letter of Credit but a balance of $ 390
remains on deposit with Valley Bank to secure the completion of the requirements under
the Land Subdivider's Agreement; and
WHEREAS, representatives of the Roanoke County Department of Community
Development learned through a legal notice in The Roanoke Times of a Trustee's Sale
of Old Mill, Sec. I, scheduled for December 23, 2010. Letters were immediately sent by
the County Attorney's Office to the Developer and Valley Bank, but no response has
been received from either Developer or Valley Bank as of this date; and
WHEREAS, the Bonding Committee for Roanoke County meeting on December
15, 2011, at the Roanoke County Administration Building considered the documentation
as to the status of this subdivision project and - the advertised Trustee's Sale of this
development and voted to recommend that the Developer be declared in default and
that the County take all necessary actions to collect the outstanding bonded proceeds;
and
WHEREAS, a public hearing was held by the Board of Supervisors on - this 25
day of January, 2011, to consider the recommendation of the Bonding Committee and
to accept testimony and proposals from Developer and Valley Bank.
NOW THEREFORE, be it RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Vaughn & Jackson LLC is legally bound into the Board of Supervisors of the
Page 2 of 6
County of Roanoke, Virginia, in accordance with the Erosion and Sediment
Control Agreement dated August 10, 2004, for the construction and maintenance
of certain control measures in accordance with the plans for Old Mill Plantation
Subdivision, Section I, and all subsequent revisions thereof as approved by - the
County of Roanoke.
2. That Vaughn & Jackson LLC has failed to substantially complete the erosion and
sediment control facilities and measures as required by the aforesaid Agreement
and that the anticipated cost for completion of said facilities and measures equals
or exceeds the sum of Seventeen Thousand Nine Hundred Eleven & 501100
Dollars ($17,911.50).
3. That authorized representatives of Roanoke County have attempted without
success to obtain a response or agreement from Vaughn & Jackson LLC for the
completion of its legal obligations to the County and the public under the
aforesaid Agreement.
4. That - the Bonding Committee for Roanoke County has recommended that
Vaughn & Jackson LLC be declared in default under the terms of its Erosion and
Sediment Control Agreement dated August 10, 2004, and that Roanoke County
exercise its legal rights and responsibilities to obtain the remaining bonded
indebtedness being held for the County's benefit.
5. That Vaughn & Jackson LLC is hereby determined to be in default for its faili.ire
to substantially and adequately complete the requirements imposed upon it by
the aforesaid Erosion and Sediment Control Agreement.
6. That Valley Bank has issued an Irrevocable Standby Letter of Credit, dated
Page 3 of 6
August 10, 2004, Letter of Credit Number 100112, on behalf of Vaughn &
Jackson LLC, for Old Mill Plantation Subdivision, Section I, Project Number SB-
0801791, on which the remaining balance is the sum of Seventeen Thousand
Nine Hundred Eleven & 50/100 Dollars ($17,911.50).
7. That the officials and staff of Roanoke County are hereby authorized, on behalf
of the Board of Supervisors of Roanoke County, Virginia, to draw upon the
aforesaid Irrevocable Standby Letter of Credit, dated August 10, 2004, Letter of
Credit Number 100112, for all funds secured thereby for the County of Roanoke
as "BENEFICIARY" and to take all actions, legal or otherwise, to enforce the
legal rights and responsibilities of the Board of Supervisors in connection with the
development of Old Mill Plantation Subdivision, Section I, by Vaughn & Jackson
I.I.C.
8. That Vaughn & Jackson LLC is legally bound into the Board of Supervisors of the
County of Roanoke, Virginia, in accordance with the Land Subdivider's
Agreement dated December 9 2008, for the construction, completion and
maintenance of certain land improvement in accordance with the plans for Old
Mill Plantation Subdivision, Section 1, approved September 8, 2008, and all
subsequent revisions thereof as approved by the County of Roanoke.
9. That Vaughn & Jackson LLC has failed to substantially complete the land
improvement facilities and measures as required by the aforesaid Agreement
and that the anticipated cost for completion of said facilities and measures equals
or exceeds the sum of Three Hundred Ninety Thousand Eight Hundred Seventy-
seven & 91/100 Dollars ($ 390.877.91).
Page 4of6
10.That authorized representatives of Roanoke County have attempted without
success to obtain a response or agreement from Vaughn & Jackson LLC for the
completion of its legal obligations to the County and the public under the
aforesaid Agreement.
11. That the Bonding Committee for Roanoke County has recommended that
Vaughn & Jackson LLC be declared in default under the terms of its Land
Subdivider's Agreement dated December 9, 2005 and that Roanoke County
exercise its legal rights and responsibilities to obtain - the remaining bonded
indebtedness being held for the County's benefit.
12.That Vaughn & Jackson LLC is hereby determined to be in default for its failure
to substantially and adequately complete the requirements imposed upon it by
the aforesaid Land Subdivider's Agreement.
13. That Valley Bank has issued an Irrevocable Standby Letter of Credit, dated
December 9, 2005, Letter of Credit Number VB100191, on behalf of Vaughn &
Jackson LLC, for old Mill Plantation Subdivision, Section I, Project Number SB-
0501791, on which the remaining balance is the sum of Three Hundred Ninety
"thousand Eight Hundred Seventy -seven & 91/100 Dollars ($ 390.877.91).
14. That the officials and staff of Roanoke County are hereby authorized, on behalf
of the Board of Supervisors of Roanoke County, Virginia, to draw upon the
aforesaid Irrevocable Standby Letter of Credit, dated December 9, 2005, Letter of
Credit Number VB100191, for all funds secured thereby for the County of
Roanoke as "BENEFICIARY" and to take all actions, legal or otherwise, to
enforce the legal rights and responsibilities of the Board of Supervisors in
Page 5 of 6
connection with the development of Old Mill Plantation Subdivision, Section 1, by
Vaughn & Jackson LLC.
15. That the County Administrator, the Director of the Department of Community
Development, his staff and agents, and the Office of the county Attorney are
hereby authorized to take such action, including the initiation and pursuit of such
legal proceedings, as may be necessary to fully assert and defend the rights and
obligations of Roanoke County in this regard.
16. Th is Resolution shall be in full force and effect from the date of its adoption.
Page 6 of 6
ACTION No.
ITEM IVo. 0 -2
AT A REGULAR MEETING OF THE BOARD of SUPERVISORS of ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
AGENDA ITEM:
SU BMITTED BY:
APPROVED BY:
January 25, 2011
Resolution approving and adopting the recommendation of the
Roanoke County Bonding Committee to declare the developer
of old Mill Plantation Subdivision, Section 2 is in default and to
authorize officials of Roanoke County to exercise its rights
under the developer's Land Subdivider; and Erosion and
Sediment Control Agreements and the accompanying Bonds,
Windsor Hills Magisterial District
Tarek Moneir
Deputy Director of Development Services
B. Clayton Goodman III
County Adm inistrator ir�/
COUNTY ADMINISTRATOR'S COMMENTS:
SU MMARY OF INFORMATION:
On April 30 2007, Community Development approved subdivision plans for Vaughn &
Jackson LLC (Developer a Virginia corporation to develop old Mill Plantation Section 2 in
Roanoke County. The developer submitted a signed Irrevocable Standby Letter of Credit
dated August 16, 2007, in the amount of $334,343 for land subdivision requirements and
an Irrevocable Standby Letter of Credit dated May 14, 2007, in the amount of $32,000 for
soil and erosion control for said development. The signed Land Subdivider's and Erosion
and Sediment Control Agreements were never returned to the Community Development
Staff as agreed upon by the developer.
The Developer proceeded with the development as approved. The Developer also agreed
that measures for the control of siltation, erosion and all improvements to the land within
the said subdivision would be properly and satisfactorily provided, installed and completed
as provided for on the approved plans. Some improvements have taken place, but the
development remains incomplete with several outstanding erosion and sediment control
measures to be corrected. Staff completed the assessment of the remaining outstanding
Page 1 of 2
items and believe that the remaining bonded amounts would cover expenses associated to
complete development.
A Notice of Trustees' Sale appeared in the local newspaper scheduled for December 23,
2010, for a parcel of land with tax map # 095.01-10.31 .00-000 of said subdivision. The
Community Development staff presented these facts to the Bonding committee at its
December 15, 2010, meeting. The Bonding Committee reviewed the development,
considered the facts and voted to recommend that the Land Subdivider's Agreement and
the Erosion and Sediment Control Agreement of Old Mill Plantation Section 2 are in
default. Letters were sent to the developer and Valley Bank via certified mail notifying
them of their right to appear before the Board of Supervisors to address - the Bonding
Committee's recommendation.
FISCAL IMPACT:
The cost of completing the remaining subdivision construction and stabilizing (E &SC
measures) of the development are anticipated to be covered by the funds on credit with the
surety guaranteed by Valley Bark for this project.
AUrERNATIVES:
I. The Bonding Committee recommends that the Board of Supervisors:
a. Formally declare that the developer is in default of his agreements (Land Subdivider
and Erosion and Sediment Control) with the County of Roanoke; and
b. Authorize the staff to spend these funds for completion of the needed remaining
improvements of the project
I. Reject the Bonding Committee Recommendation.
STAFF RECOMMENDATION:
Staff recommends that the Board approve option 1.
Page 2 of 2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JANUARY 25, 2011
RESOLUTION APPROVING AND ADOPTING THE RECOMMENDATION
OF THE ROANOKE COUNTY BONDING COMMITTEE TO DECLARE
THE DEVELOPER OF OLD MILL PLANTATION SUBDIVISION,
SECTION II, TO BE IN DEFAULT AND TO AUTHORIZE OFFICIALS OF
ROANOKE COUNTY TO EXERCISE ITS RIGHTS UNDER THE
DEVELOPER'S LAND SUBDIVIDER AND EROSION AND SEDIMENT
CONTROL AGREEMENTS AND THE ACCOMPANYING IRREVOCABLE
LETTERS OF CREDIT
WHEREAS, Vaughn & Jackson LLC, a Virginia limited liability company
(hereafter "Developer "), as developers of old Mill Plantation Subdivision, Section 11,
(hereafter old Mill, Sec. 11) in the Windsor Hills Magisterial District of Roanoke County,
on or about May 14, 2007, entered into an Erosion and Sediment Control Agreement
(hereafter "E & S Agreement ") with the County of Roanoke and provided an irrevocable
Letter of Credit issued by Valley Bank in the amount of $32,000 to insure the
construction and maintenance of certain erosion and sediment control facilities in
connection with the development of old Mill, sec 11; and
WHEREAS, the Developer subsequently, on or about August 15, 2007, entered
into a Land Subdivider's Agreement with the County of Roanoke and was granted
approval to subdivide a portion of the Developer's property and to record a plat of
subdivision for the development to be known as old Mill, Sec 11 and provided an
irrevocable Letter of credit issued by Valley Bank in the amount of $ 334,343.00 to
insure the construction, completion and maintenance of improvements to the land; and
WHEREAS, representatives of the Roanoke County Department of community
Development learned through a legal notice in The Roanoke Times of a Trustee's Sale
of Old Mill, Sec. 11, scheduled for December 23, 2010. Letters were immediately sent by
the County Attorney's Office to the Developer and Valley Bank, but no response has
been received from either Developer or Valley Bank as of this date; and
WHEREAS, the Bonding Committee for Roanoke County meeting on December
15, 2011, at the Roanoke County Administration Building considered the documentation
as to the status of this subdivision project and the advertised Trustee's Sale of this
development and voted to recommend that the Developer be declared in default and
that the County take all necessary actions to collect the outstanding bonded proceeds;
and
WHEREAS, a public hearing was held by - the Board of Supervisors on this 25
day of January 2011, to consider the recommendation of the Bonding Committee and to
accept testimony and proposals from Developer and Valley Bank.
NOW THEREFORE, be it RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Vaughn & Jackson LLC is legally bound into the Board of Supervisors of the
County of Roanoke, Virginia, in accordance with the Erosion and Sediment
Control Agreement dated May 14, 2007, for the construction and maintenance of
certain control measures in accordance with the plans for Old Mill Plantation
Subdivision, Section II, and all subsequent revisions thereof as approved by the
County of Roanoke.
2. That Vaughn & Jackson LLC has failed to substantially complete the erosion and
sediment control facilities and measures as required by the aforesaid Agreement
and that the anticipated cost for completion of said facilities and measures equals
or exceeds the sum of Thirty -two Thousand Dollars ($32,000).
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3. That authorized representatives of Roanoke county have attempted without
success to obtain a response or agreement from Vaughn & Jackson LLc for the
completion of its legal obligations to - the county and the public under the
aforesaid Agreement.
4. That the Bonding Committee for Roanoke county has recommended that
Vaughn & Jackson LLC be declared in default under the terms of its Erosion and
Sediment control Agreement dated May 14, 2007, and that Roanoke county
exercise its legal rights and responsibilities to obtain - the remaining bonded
indebtedness being held for the county's benefit.
5. That Vaughn & Jackson LLc is hereby determined to be in default for its failure
to substantially and adequately complete the requirements imposed upon it by
the aforesaid Erosion and Sediment control Agreement.
5. That Valley Bank has issued an Irrevocable Standby Letter of credit, dated May
14, 2007, Letter of credit Number VB1 00275, on behalf of Vaughn & Jackson
LLc, for old Mill Plantation Subdivision, Section II, Project Number SB- 0801058,
on which the remaining balance is the sum of Thirty -two Thousand Dollars
($32,000).
7. That the officials and staff of Roanoke county are hereby authorized, on behalf
of the Board of Supervisors of Roanoke County, Virginia, to draw upon the
aforesaid Irrevocable Standby Letter of credit, dated May 14, 2007, Letter of
Credit Number VB100270, for all funds secured thereby for the county of
Roanoke as "BENIEFICIARY" and to take all actions, legal or otherwise, to
enforce the legal rights and responsibilities of the Board of Supervisors in
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connection with the development of old Mill Plantation Subdivision, section II, by
Vaughn & Jackson LLC.
8. That Vaughn & Jackson LLC is legally bound into the Board of supervisors of the
County of Roanoke, Virginia, in accordance with the Land Subdivider's
Agreement dated August 15, 2007, for the construction, completion and
maintenance of certain land improvement in accordance with the plans for old
Mill Plantation subdivision, section II, approved April 30, 2007, and all
subsequent revisions thereof as approved by the County of Roanoke.
9. That Vaughn & Jackson LLC has failed to substantially complete the land
improvement facilities and measures as required by the aforesaid Agreement
and that the anticipated cost for completion of said facilities and measures equals
or exceeds the sum of Three Hundred Thirty -four Thousand Three Hundred
Forty -three Dollars ($334,343).
10. That authorized representatives of Roanoke County have attempted without
success to obtain a response or agreement from Vaughn & Jackson LLC for the
completion of its legal obligations to the County and the public under the
aforesaid Agreement.
11. That the Bonding Committee for Roanoke County has recommended that
Vaughn & Jackson LLC be declared in default under the terms of its Land
Subdivider's Agreement dated August 18, 2007, and that Roanoke County
exercise its legal rights and responsibilities to obtain the remaining bonded
indebtedness being held for the County's benefit.
12. That Vaughn & Jackson LLC is hereby determined to be in default for its failure
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to substantially and adequately complete the requirements imposed upon it by
the aforesaid Land Subdivider's Agreement.
13. That Valley Bank has issued an Irrevocable Standby Letter of Credit, dated
August 15, 2007, Letter of Credit Number V13100288, on behalf of Vaughn &
Jackson LLC, for Old Mill Plantation Subdivision, Section II, Project Number SB-
0801558, on which the remaining balance is the sum of Three Hundred Thirty-
four Thousand Three Hundred Forty -three Dollars ($ 334,343).
14.That the officials and staff of Roanoke County are hereby authorized, on behalf
of the Board of Supervisors of Roanoke County, Virginia, to draw upon the
aforesaid Irrevocable Standby Letter of Credit, dated August 18, 2007, Letter of
Credit Number VB1 00288, for all funds secured thereby for - the County of
Roanoke as "B ENI E FIC IA RY" and to take all actions, legal or otherwise, to
enforce the legal rights and responsibilities of the Board of Supervisors in
connection with the development of Old Mill Plantation Subdivision, Section II, by
Vaughn & Jackson LLC.
15. That the County Administrator, the Director of the Department of Community
Development, his staff and agents, and the Office of the County Attorney are
hereby authorized to take such action, including the initiation and pursuit of such
legal proceedings, as may be necessary to fully assert and defend the rights and
obligations of Roanoke County in this regard.
18. This Resolution shall be in full force and effect from the date of its adoption.
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